title: Decision of the Court of Justice of the European Union of 11 October 2016 concerning public access to documents held by the Court of Justice of the European Union in the exercise of its administrative functions

text:
               30.11.2016

               EN

               Official Journal of the European Union

               C 445/3

         DECISION OF THE COURT OF JUSTICE OF THE EUROPEAN UNION
   of 11 October 2016
   concerning public access to documents held by the Court of Justice of the European Union in the exercise of its administrative functions
   (2016/C 445/03)
   THE COURT OF JUSTICE OF THE EUROPEAN UNION,
   Having regard to Article 15(3) of the Treaty on the Functioning of the European Union,
   Having regard to the opinion of the Administrative Committee of 26 September 2016,
   Considering that it is necessary to set out rules concerning public access to documents held by the Court of Justice of the European Union in the exercise of its administrative functions,
   HEREBY ADOPTS THE PRESENT DECISION:
   Article 1
   Scope
   1.   The present Decision shall apply to all documents held by the Court of Justice of the European Union, that is to say, documents drawn up or received by it and in its possession, as part of the exercise of its administrative functions.
   2.   This Decision applies without prejudice to public rights of access to the documents of the Court of Justice of the European Union which might follow from instruments of international law or acts implementing them.
   Article 2
   Beneficiaries
   1.   Any citizen of the European Union and any natural or legal person residing or having its registered office in a Member State has a right of access to the documents of the Court of Justice of the European Union listed in Article 1(1) subject to the conditions laid down in the present Decision.
   2.   The Court of Justice of the European Union may, subject to the same conditions, grant access to documents to any natural or legal person not residing or having its registered office in a Member State.
   Article 3
   Exceptions
   1.   The Court of Justice of the European Union shall refuse access to a document where disclosure would undermine the protection of:

               (a)

               public interest, as regards:

                           —

                           public security,

                           —

                           defence and military matters,

                           —

                           international relations,

                           —

                           the financial, monetary or economic policy of the European Union or a Member State;

               (b)

               the privacy and the integrity of the individual, in particular in accordance with European Union legislation regarding the protection of personal data.

         2.   The Court of Justice of the European Union shall refuse access to a document where disclosure would undermine the protection of:

               —

               commercial interests of a natural or legal person, including intellectual property,

               —

               court proceedings and legal advice,

               —

               the purpose of inspections, investigations and audits.

         3.   Access to a document drawn up by the Court of Justice of the European Union for internal use or received by it, which relates to a matter on which the decision has not been taken by it, shall be refused if disclosure of the document would seriously undermine the decision-making process of the Court of Justice of the European Union.
   Access to a document containing opinions for internal use as part of deliberations and preliminary consultations carried out within the Court of Justice of the European Union or outside thereof if the Court has participated in them shall be refused even after the decision has been taken if disclosure of the document would seriously undermine the decision-making process of the Court of Justice of the European Union.
   4.   The exceptions set out in paragraphs 2 and 3 shall not apply if there is an overriding public interest in disclosure of the document concerned.
   5.   If only parts of the requested document are covered by one or more of the exceptions set out in paragraphs 1, 2 and 3, the remaining parts of the document shall be disclosed.
   6.   The exceptions as laid down in paragraphs 1, 2 and 3 shall apply only for the period during which protection is justified on the basis of the content of the document. The exceptions may apply for a maximum period of 30 years. In the case of documents covered by the exceptions relating to privacy or commercial interests, the exceptions may, if necessary, continue to apply after this period.
   7.   The present Article shall apply without prejudice to the provisions of Article 9.
   Article 4
   Submission of initial applications
   1.   Applications for access to a document of the Court of Justice of the European Union must be made in one of the official languages of the European Union on a form which is available on the internet site of the Court of Justice of the European Union. It must be sent preferably electronically in accordance with the instructions set out on the abovementioned internet site or, in exceptional circumstances, by post or by fax.
   2.   Applications shall be made in a sufficiently precise manner and shall contain, in particular, the elements enabling identification of the document or documents requested and the name and address of the applicant.
   3.   If an application is not sufficiently precise, the Court of Justice of the European Union shall ask the applicant to clarify the application and shall assist the applicant in doing so.
   4.   In the event of an application relating to a very long document or to a very large number of documents, the Court of Justice of the European Union may confer with the applicant informally, with a view to finding a fair solution.
   5.   The applicant is not obliged to state reasons for the application.
   Article 5
   Processing of initial applications
   1.   A written acknowledgement of receipt (electronic mail, post or fax) shall be sent to the applicant immediately upon registration of the form containing the application.
   2.   Within a maximum of 1 month from registration of the application, the Court of Justice of the European Union shall grant access to the document requested by supplying it to the applicant.
   3.   If the Court of Justice of the European Union is not in a position to grant access to the document requested, it shall, within the period laid down in paragraph 2 and in writing, inform the applicant of the reasons for the total or partial refusal and inform the applicant of his or her right to make a confirmatory application within 1 month of receipt of the reply.
   4.   In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time limit provided for in paragraph 2 may be extended by 1 month, provided that the applicant is notified in advance and that detailed reasons are given.
   5.   In the case referred to in Article 4(3), the period for replying shall not start to run until the Court of Justice of the European Union has received additional information from the applicant to make the application sufficiently precise.
   6.   Regulation (EEC, Euratom) No 1182/71 of the Council (OJ L 124, 8.6.1971, p. 1; English Special Edition 1971 (II), p. 354) determining the rules applicable to periods, dates and time limits shall apply by analogy to the calculation of periods.
   Article 6
   Submission of confirmatory applications
   1.   In the event of a total or partial refusal of his or her initial application, the applicant may make a confirmatory application.
   2.   Failure by the Court of Justice of the European Union to reply within the prescribed time limit shall entitle the applicant to make a confirmatory application.
   3.   The confirmatory application must be sent to the Court of Justice of the European Union within 1 month either of receipt of the total or partial refusal of access to the document requested or, in the absence of any reply to the initial application, of the expiry of the period fixed for the reply.
   4.   The confirmatory application must be formulated in accordance with the formal requirements set out in Article 4.
   Article 7
   Processing of confirmatory applications
   1.   Confirmatory applications shall be handled in the manner prescribed in Article 5, with the exception of the information concerning the right to make a confirmatory application.
   2.   In the event that the Court of Justice of the European Union refuses, totally or partially, a confirmatory application, it shall inform the applicant of the remedies open to him or her to challenge that refusal, namely instituting court proceedings or making a complaint to the European Ombudsman, under the conditions laid down in Articles 263 and 228 of the Treaty on the Functioning of the European Union.
   3.   Failure to reply to a confirmatory application within the prescribed time limit shall be considered as a negative reply and entitle the applicant to make use of the procedures set out in paragraph 2.
   Article 8
   Competent authorities
   1.   The authority empowered to decide on the reply to be given to an initial application for access to a document shall be the Director of Communications.
   2.   When the document requested is held by the Registry of the Court of Justice of the European Union or the Registry of the General Court of the European Union, the competent authorities shall be the Deputy Registrar of the Court of Justice and the Deputy Registrar of the General Court respectively.
   The Deputy Registrars of the Court of Justice and the General Court may delegate their powers as regards an initial application to an administrator in their Registry.
   3.   The authority empowered to decide on the reply to be given to a confirmatory application shall be the Registrar of the Court of Justice of the European Union or, where the confirmatory application concerns a document held by the Registry of the General Court of the European Union, the Registrar of the General Court.
   4.   When a Member State, having received an application for access to a document which it holds and which emanates from the Court of Justice of the European Union in the exercise of its administrative functions, contacts the Court of Justice in order to consult it, the reply to that request for consultation shall be given by the authority who would be empowered pursuant to paragraph 3 to reply to a confirmatory application for access to the same document made directly to the Court of Justice of the European Union.
   5.   By derogation from paragraph 1, the Registrar of the Court of Justice may designate another authority empowered to decide on the reply to be given to an initial application for access to a document.
   Article 9
   Third-party documents
   1.   The Court of Justice of the European Union shall not grant access to third-party documents in its possession until it has received the consent of the third party concerned.
   2.   For the purposes of the present Article, ‘third party’ shall mean any natural or legal person or body external to the Court of Justice of the European Union, including the Member States, the other institutions, bodies, offices and agencies of the European Union and non-member States.
   3.   When the Court of Justice of the European Union receives an application for access to a third-party document, the competent authority shall consult the third party concerned in order to ascertain whether the third party opposes release of that document, unless it decides of its own motion to refuse to release the document on the basis of one of the exceptions set out in Article 3.
   Article 10
   Means of access
   1.   Documents shall be supplied in an existing version and format. The Court of Justice of the European Union shall not be required, by virtue of the present Decision, to create a new document or gather information at the request of the applicant.
   The copy supplied may be a paper copy or an electronic copy, having full regard to the applicant’s preference in that respect.
   If documents are voluminous or difficult to handle, the applicant may be invited to consult the documents on the spot.
   2.   If a document has already been released by the Court of Justice of the European Union or by another institution concerned and is easily accessible, the Court of Justice may merely inform the applicant how to obtain it.
   Article 11
   Charge for access
   1.   A fee for producing and sending copies may be charged to the applicant.
   2.   Consultation on the spot and copies of less than 20 A4 pages shall as a general rule be free of charge.
   3.   The fee for producing and sending copies shall be calculated on the basis of a tariff fixed by decision of the Registrar of the Court of Justice. This fee shall not exceed the real cost of producing and sending the copies.
   4.   Published documents shall continue to be subject to their own pricing system.
   Article 12
   Reproduction of documents
   1.   This Decision shall be without prejudice to any existing rules on copyright which may limit a third party’s right to reproduce or exploit released documents.
   2.   Documents covered by copyright of which the Court of Justice of the European Union is the holder and which are released by virtue of this Decision may not be reproduced or exploited for commercial purposes without the prior written authorisation of the Court of Justice of the European Union.
   Article 13
   Application measures
   The Registrar of the Court of Justice shall adopt the measures necessary for the application of this Decision. Those measures shall be published on the internet site of the Court of Justice of the European Union.
   Article 14
   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.
   It replaces and repeals the Decision of the Court of Justice of the European Union of 11 December 2012 concerning public access to documents held by the Court of Justice of the European Union in the exercise of its administrative functions (OJ C 38, 9.2.2013, p. 2).

      Done at Luxembourg, 11 October 2016.

            Registrar

         Alfredo CALOT ESCOBAR

            President

         Koen LENAERTS


Avis juridique important

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31988D0296

88/296/EEC: Council Decision of 3 May 1988 on the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Protocol setting out the fishing rights and financial compensation provided for in the Agreement between the Government of the Republic of Senegal and the European Economic Community on fishing off the coast of Senegal for the period from 29 February 1988 to 28 February 1990

Official Journal L 127 , 20/05/1988 P. 0015

COUNCIL DECISION of 3 May 1988 on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing rights and financial compensation provided for in the Agreement  between the Government of the Republic of Senegal and the European Economic Community on fishing off the coast of Senegal for the period from 29 February 1988 to 28 February 1990 (88/296/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Act of Accession of Spain and Portugal, and in particular Article 155 (2) (b) thereof,  Having regard to the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal (1), signed in Brussels on 15 June 1979, as last amended by the Agreement signed on 20 November 1985  (2), and in particular Article 17 thereof,  Having regard to the proposal from the Commission,  Whereas, pursuant to the second paragraph of Article 17 of the abovementioned Agreement, the Community and the Republic of Senegal entered into negotiations to determine the amendments or additions to be made to the Agreement on the expiry of the  application period of the Protocol;  Whereas, as a result of these negotiations, a Protocol amending the fisheries Agreement was initialled on 28 January 1988;  Whereas this Protocol extends the fishing opportunities of Community fishermen in the waters over which Senegal has sovereignty or jurisdiction;  Whereas, under Article 155 (2) (b) of the Act of Accession, the Council is required to determine the procedures appropriate to take into consideration all or part of the interests of the Canary Islands when it adopts decisions, case by case, with a view  to the conclusion of fisheries agreements with third countries; whereas the said procedures need to be determined in this particular case;  Whereas, in order to avoid a prolonged interruption in the fishing activities of Community vessels, the Protocol in question should be approved as soon as possible; whereas for this reason the two Parties have initialled an Agreement in the form of an  Exchange of Letters providing for the provisional application of the initialled Protocol from the day following that on which the Protocol currently in force expires; whereas that Agreement should be approved, pending a final decision to be taken on the  basis of Article 43 of the Treaty,  HAS DECIDED AS FOLLOWS:    Article 1 The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing rights and financial compensation provided for in the Agreement between the Government of the Republic of  Senegal and the European Economic Community on fishing off the coast of Senegal for the period from 29 February 1988 to 28 February 1990 is hereby approved on behalf of the Community.  The texts of the Agreement in the form of an Exchange of Letters and the Protocol are attached to this Decision.  Article 2 To take into consideration the interests of the Canary Islands, the Agreement referred to in Article 1 and, to the extent necessary for its implementation, the provisions of the common fisheries policy on the conservation and management of fishery resources shall also apply to vessels sailing under the flag of Spain which are recorded on a permanent basis in the registers of the competent authorities at local level  (registros de base) in the Canary Islands, under the conditions defined in Note 6 of Annex I to Council Regulation (EEC) No 570/86 of 24 February 1986 concerning the definition of the concept of ´originating products' and methods of administrative cooperation in trade between the customs territory of the Community, Ceuta and Melilla and the Canary Islands (3).  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, 3 May 1988.  For the Council The President M. BANGEMANN EWG:L333UMBE04.94 FF: 3UEN;   SETUP: 01;   Hoehe: 732 mm;   89 Zeilen;   4351 Zeichen;  Bediener: MARL   Pr.: C;  Kunde: ................................   (1) OJ No L 226, 29. 8. 1980, p. 17. (2) OJ No L 361, 31. 12. 1985, p. 87.(3) OJ No L 56, 1. 3. 1986, p. 1.


title: Council Decision (EU) 2017/876 of 18 May 2017 on the accession of the European Union to the International Cotton Advisory Committee (ICAC)

text:
               23.5.2017

               EN

               Official Journal of the European Union

               L 134/23

         COUNCIL DECISION (EU) 2017/876
   of 18 May 2017
   on the accession of the European Union to the International Cotton Advisory Committee (ICAC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(3) and (4), in conjunction with Article 218(6) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               The Union is a member of a number of international commodity bodies, but it is not a member of the International Cotton Advisory Committee (‘ICAC’).

               (2)

               On 27 April 2004, 27 May 2008 and 10 May 2010 the Council, in its Conclusions on the EU Action Plan on agricultural commodity chains, dependency and poverty, on the EU-Africa Partnership in support of cotton-sector development and on enhancing Union action in the area of commodities, respectively, invited the Commission to consider Union membership of the ICAC.

               (3)

               On 16 September 2013 the Council authorised the Commission to negotiate, on behalf of the Union, the accession of the Union to the ICAC in accordance with Sections 1 and 2 of Article II of the ICAC Rules and Regulations, stating that membership of the ICAC is in the interest of the Union, owing to the significance of cotton to the Union's agricultural and industrial economy and trade businesses. The Union is a producer of cotton and has evolved from a net cotton importer to, as of 2009, a net cotton exporter. Furthermore, the Union textiles and clothing industry is a major user of cotton cloth. Cotton is also an important area for European development cooperation, the Union remaining one of the main donors to the African cotton sector.

               (4)

               The Union will pay a contribution in accordance with Section 2 a.(2)(c) of Article II of the ICAC Rules and Regulations. The Union cannot be held liable for any current or future financial arrears of any members of the ICAC.

               (5)

               It is necessary for Protocol 4 on cotton (2), annexed to the 1979 Act of Accession, to continue to be taken into account after the Union's accession to the ICAC.

               (6)

               The Union should therefore accede to the ICAC,

         HAS ADOPTED THIS DECISION:
   Article 1
   The accession of the European Union to the International Cotton Advisory Committee is hereby approved on behalf of the Union.
   The ICAC Rules and Regulations are attached to this Decision.
   Article 2
   The President of the Council shall designate the person(s) empowered to make, on behalf of the Union, the communication referred to in Section 2 a. of Article II of the ICAC Rules and Regulations.
   Article 3
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 18 May 2017.

            For the Council

            The President

         C. ABELA

      (1)  Consent of 16 May 2017 (not yet published in the Official Journal).

      (2)  OJ L 291, 19.11.1979, p. 174.

         Table of Contents

                  ARTICLE I

               TERMS OF REFERENCE
               26

                  ARTICLE II

               MEMBERSHIP
               26

                  ARTICLE III

               ADVISORY COMMITTEE
               28

                  ARTICLE IV

               STANDING COMMITTEE
               28

                  ARTICLE V

               OFFICERS OF THE STANDING COMMITTEE
               30

                  ARTICLE VI

               SUBCOMMITTEES OF THE STANDING COMMITTEE
               31

                  ARTICLE VII

               SECRETARIAT
               32

                  ARTICLE VIII

               FISCAL PROCEDURES
               33

                  ARTICLE IX

               PROVISION OF INFORMATION
               34

                  ARTICLE X

               LANGUAGES
               35

                  ARTICLE XI

               VOTING
               36

                  ARTICLE XII

               COOPERATION WITH OTHER ORGANIZATIONS
               36

                  ARTICLE XIII

               AMENDMENTS
               36

                  ARTICLE XIV

               SUPERSESSION
               36

                  Office of the Secretariat

                  1629 K Street NW Suite 702

                  Washington DC 20006 USA

                  Telephone: (202) 463-6660

                  Fax: (202) 463-6950

                  Email: secretariat@icac.org

      RULES AND REGULATIONS
      of the
      INTERNATIONAL COTTON ADVISORY COMMITTEE
      As adopted by the 31st Plenary Meeting — June 16, 1972
      (With amendments through December 11, 2015 at the 74th Plenary Meeting)

         ARTICLE I — TERMS OF REFERENCE

      The functions of the International Cotton Advisory Committee (hereinafter referred to as ICAC) are:

                  a.

                  To observe and keep in close touch with developments affecting the world cotton situation.

                  b.

                  To collect, disseminate, and keep complete, authentic and timely statistics and other information relating to world production, trade, consumption, stocks and prices of cotton; and other textile fibers, or of textiles, insofar as they affect the cotton economy and do not duplicate assignments that Members have given to other international bodies.

                  c.

                  To suggest to Members of the ICAC, as and when advisable, any measures the ICAC considers suitable and practicable for the furtherance of international collaboration directed towards developing and maintaining a sound world cotton economy.

                  d.

                  To be the forum for international discussions on matters related to cotton prices, without, however, prejudicing discussions currently being carried on elsewhere, for example, in the UNCTAD. Such discussions should take place regularly both in the Standing Committee and at annual Plenary Meetings.

         ARTICLE II — MEMBERSHIP

         Section 1 — Eligibility for Membership

                  a.

                  Membership in the ICAC is open to all members of the United Nations or of the Food and Agriculture Organization of the United Nations, expressing an interest in cotton.

                  b.

                  Any other government expressing an interest in cotton shall be eligible to apply for membership.

         Section 2 — Accession to Membership: Commitments of Acceding Members

      Accession to the ICAC shall be governed by the following procedures:

                  a.

                  An applicant shall address a communication to the Executive Director stating:

                              (1)

                              It has an interest in cotton;

                              (2)

                              It is prepared to fulfill the obligations of membership with respect to:

                                          (a)

                                          The acceptance of the Rules and Regulations of the ICAC in effect at that time,

                                          (b)

                                          The submission of information concerning the cotton situation and related matters in accordance with the prescribed requirements of the ICAC and any work programs that may be approved from time to time, and

                                          (c)

                                          The payment of its assessments.

                  b.

                  The Standing Committee or the Advisory Committee, as applicable, shall thereupon consider the communication of the applicant

                  c.

                  Normally the accession of an applicant qualifying for membership under the provisions of Section 1 a. of this article shall be confirmed at the next meeting of the Standing Committee. However, should the matter of accession be raised at a Plenary Meeting the Advisory Committee shall confirm the accession.

                  d.

                  Application for membership under the provisions of Section 1 b. of this article shall be considered by the Advisory Committee.

                  e.

                  Whenever it confirms or approves the admission of an applicant to membership in the ICAC, the Standing Committee or Advisory Committee shall, at the same time, confirm the amount of the financial contribution assessed to such Member in the year of its accession in accordance with the provisions of Section 4 c. of this article.

                  f.

                  The Executive Director shall notify the applicant concerned in writing of the action taken.

         Section 3 — Withdrawal from Membership

      The withdrawal of any Member in the ICAC shall be governed by the following procedure:

                  a.

                  Any Member desiring to withdraw shall address a communication to the Executive Director to that effect, stating the date on which it is desired to make the withdrawal effective, which shall be at least 30 days after receipt of the notice by the Executive Director.

                  b.

                  The Executive Director shall inform the Advisory Committee or the Standing Committee, as applicable, of any withdrawal and, in acknowledging the withdrawal, shall notify the Member concerned of its financial status with the ICAC.

         Section 4 — Financial Obligations of Members

                  a.

                  The assessment of each Member shall be the sum rounded to the nearest $100 of:

                              (1)

                              A basic contribution: 40 percent of the total assessments shall be shared equally between Members, and

                              (2)

                              A pro rata contribution: the total of the pro rata contributions shall equal budgetary demands less the sum of the equal contributions. The pro rata contribution shall be assessed on the basis of average trade in raw cotton (exports plus imports) in the four most recent cotton years (August-July) ended prior to the ICAC fiscal year to which contributions are applicable.

                  b.

                  Assessments shall be due on July 1 each year and payable during the following three months of the ICAC's fiscal year. Each payment received from a Member shall be applied against the longest out- standing debt due the ICAC from that Member.

                  c.

                  The initial assessment of a Member in the ICAC shall be calculated as provided in Section 4 a. of this article. Such initial assessment shall be prorated according to the number of full quarters remaining in the ICAC's fiscal year. The pro rata contribution shall be determined by the relationship of the average trade that was used in determining the pro rata contributions last assessed for existing Members.

                  d.

                  The initial assessment of a Member shall be due on the date on which its accession becomes effective and payable during the following three months.

                  e.

                  On withdrawal or suspension of a Member, no remission or refund shall be made of any part of its assessment for the ICAC's fiscal year during which the withdrawal takes place. Any unpaid assessment for that year shall become payable on the date when the Executive Director receives the communication referred to in Section 3 a. of this article.

                  f.

                  If the assessment of a Member is in arrears for twelve months, except for a minimal amount, not to exceed 15 percent of its current annual assessment, the Executive Director shall notify the Member concerned that, unless payment is received within six months after the date of notification, the provision of documents and other services will be discontinued thereafter. If payment is still not received after a further six months, the membership of that Member shall be suspended.

                  g.

                  A Member that has withdrawn under the provisions of Section 3 of this article or whose membership has been suspended under Section 4 f., shall not be readmitted to membership until at least one-fifth of all debts due the ICAC from that Member have been paid. Its membership shall continue only if no additional arrears accumulate while its debt to the Committee is being repaid in full, and only if the Member continues to pay its debt to the Committee in installments of not less than one-fourth of the remainder per year.

         ARTICLE III — ADVISORY COMMITTEE

         Section 1 — Definition

      In these Rules and Regulations the words ‘Advisory Committee’ mean ICAC meeting in plenary session.

         Section 2 — Frequency and Location of Meetings

      Meetings of the Advisory Committee shall be held at the invitation of Members. Normally, regular meetings shall be held at least once per calendar year. Additional meetings may be called by the Standing Committee. Invitations to host plenary meetings cannot be accepted from Members that are more than one year in arrears in the payment of assessments to the ICAC.
      Meetings of the Advisory Committee shall alternate as much as possible between cotton exporting and cotton importing Members. As the seat of the organization is in the United States of America, meetings should be held more frequently there than in other Members and generally at intervals of not more than five years.

         Section 3 — Attendance at Meetings

      An invitation from a Member to the ICAC offering to host a meeting of the Advisory Committee shall be extended with the understanding that delegations from all Members are entitled to attend and participate in the meeting, if they so desire. The Committee itself may issue the invitations to the Members.

         Section 4 — Procedure at Meetings

                  a.

                  At each meeting of the Advisory Committee, the Conference Chair shall be designated by the host Member. The Chair of the Standing Committee will serve as First Vice Chair. The host Member may designate one or more other vice chairs. The Conference Chair shall normally preside at meetings of the Steering Committee and Plenary Sessions. Other Committees shall designate their own Chair and Vice Chairs.

                  b.

                  The Executive Director of the ICAC shall serve as Secretary General and may appoint one or more Associate Secretaries General. Should the Executive Director be unavailable, the host Member shall designate the Secretary General.

                  c.

                  Each Member shall notify the Executive Director as soon as possible of the names of its representatives, alternates, and advisors and such other information, including the designation of a head of delegation, as may be required for registration.

                  d.

                  During the discussions on any matter, any Member may raise a point of order and may move the closure or adjournment of the debate. In each case, the presiding officer shall immediately state his or her ruling, which shall stand unless overruled by the meeting.

         Section 5 — Terms of Reference

                  a.

                  To appoint an Executive Director and to determine his or her basic contract and emoluments.

                  b.

                  To consider and act on any other matter within the terms of reference of the ICAC.

         ARTICLE IV — STANDING COMMITTEE

         Section 1 — Relationship to Advisory Committee

                  a.

                  Between Plenary Meetings, the Advisory Committee shall be represented at Washington D.C by a Standing Committee, which shall be subordinate to it.

                  b.

                  The Advisory Committee may delegate authority on specific matters to the Standing Committee. The Advisory Committee may modify or withdraw any such delegation of authority.

                  c.

                  All actions taken by the Standing Committee may be reviewed by the Advisory Committee.

                  d.

                  The Chair of the Standing Committee shall report at each meeting of the Advisory Committee on the activities of the Standing Committee since the last meeting.

         Section 2 — Membership

      All Members of the ICAC are eligible to serve on the Standing Committee.

         Section 3 — Competence, Duties, and Responsibilities

      a.   Substantive

                  (1)

                  To constitute a medium for exchange of views in regard to current and prospective developments in the international cotton situation.

                  (2)

                  To give practicable effect to all directions, decisions, and recommendations of the Advisory Committee.

                  (3)

                  To prepare work programs.

                  (4)

                  To see that the work programs are carried out insofar as the finances of the ICAC will permit. This responsibility shall involve, but not necessarily be limited to:

                              (a)

                              Determination of the number, nature and distribution of reports and publications to be issued.

                              (b)

                              Assignments to the Secretariat or to the appropriate subcommittee of those items in the approved work program that it does not wish to reserve for itself.

                              (c)

                              Improvement of statistics.

                              (d)

                              Public relations.

                  (5)

                  To prepare an agenda and timetable for the Advisory Committee and to make recommendations for consideration by that Committee. The agenda should include the date and place of the next meeting of the Advisory Committee.

                  (6)

                  To establish practicable cooperation with the United Nations, the Food and Agriculture Organization of the United Nations, the International Institute for Cotton, and other international organizations concerned with matters of interest to the ICAC.

            b.   Financial
      To oversee the finances of the ICAC. This responsibility shall include, but not necessarily be limited to, adoption of a budget of expenditures and a scale of assessments from Members for the ICAC's next fiscal year.
      c.   Administrative

                  (1)

                  To create and maintain at Washington D.C a Secretariat, which shall comprise an Executive Director and his or her staff. (See Article VII.)

                  (2)

                  To employ such staff as it may deem necessary for the purpose, having in mind the desirability of drawing qualified personnel as broadly as possible from participating Members.

                  (3)

                  To appoint a new Executive Director and determine the terms of his or her employment in the event of a need in the interim period between meetings of the Advisory Committee.

                  (4)

                  To define, as it finds necessary for the efficient conduct of business, the duties and responsibilities of any of its officers or of the Secretariat.

                  (5)

                  To recommend amendments to these Rules and Regulations.

         Section 4 — Assignment of Work

      The Standing Committee may assign work to any subcommittee on matters coming within the competence of that subcommittee.

         Section 5 — Procedures of the Standing Committee

      a.   General

                  (1)

                  Meetings shall be held at the call of the Chair or the Executive Director, at the request of any Member, or by decision of the Standing Committee.

                  (2)

                  Notice of at least 10 days shall normally be given.

                  (3)

                  Meetings shall be held in private unless the Standing Committee decides otherwise.

            b.   Quorum

                  (1)

                  Presence of delegates from one third of the Members shall constitute a quorum.

                  (2)

                  In the absence of a quorum the meeting shall proceed if at least eight Members are represented. However, the minutes shall identify which decisions, if any, were adopted in the absence of a quorum and which Member, if any, abstained in their adoption.

                  (3)

                  Any such decisions shall normally become binding. However, Members who were either absent or reserved their position may express their opposition within a period of ten days from the date of the provisional minutes and if the number of those opposing the decision is greater than those who supported the decision at the meeting, the decision will be overturned, which fact shall be reported in the final minutes.

            c.   Agenda

                  (1)

                  Adoption of an agenda shall be the first order of business at all meetings.

                  (2)

                  A provisional agenda shall be prepared by the Executive Director and shall be transmitted to all Members with the notice of the meeting. An item can be placed on the provisional agenda by any Member by notifying the Executive Director at least one week prior to the meeting.

                  (3)

                  An item can be added to the agenda during a meeting unless opposed by a majority of those Members present. However, any action taken on this item shall require unanimity for its adoption at that meeting.

                  (4)

                  Any proposal newly introduced during a meeting shall require unanimity for its adoption at that meeting.

            d.   Minutes

                  (1)

                  Provisional minutes of meetings shall be prepared in summary form. A verbatim record shall be prepared only when requested by the Executive Director, an officer, or a Member.

                  (2)

                  Anyone present at a meeting shall have the right to revise material concerning or attributed to him. Any changes shall be notified to the Secretariat within 10 days of the meeting.

                  (3)

                  Thereafter the final minutes shall be distributed to all Members.

         ARTICLE V — OFFICERS OF THE STANDING COMMITTEE

         Section 1

                  a.

                  The officers of the Standing Committee shall be Chair, First Vice Chair, and Second Vice Chair.

                  b.

                  The officers of the Standing Committee shall be elected at each regular Meeting of the Advisory Committee. They shall hold office until the election of their successors.

                  c.

                  In the election of the officers of the Standing Committee, the Advisory Committee shall take into account:

                              (i)

                              rotation on as broad a geographical basis as possible;

                              (ii)

                              giving adequate representation both to cotton importing and cotton exporting Members;

                              (iii)

                              ability, interest, and participation in the work of the Committee.

                  d.

                  Officers shall serve without compensation from the ICAC. No expenses of the officers shall be paid by the ICAC, unless the Standing Committee decides otherwise for particular and specific assignments involving travel costs.

         Section 2 — Term of Office

      Officers of the Standing Committee shall be elected for one year. In exceptional circumstances, they may be re-elected for one additional term. When practicable, the First Vice Chair will be nominated to succeed the outgoing Chair and the Second Vice Chair nominated to succeed the First Vice Chair.

         Section 3 — Procedures Relating to Elections

      A nominating committee, open to all Members, shall be convened no later than four months prior to the Plenary Meeting. The nominating committee will elect its own Chair. The nominating committee shall report to the Standing Committee which will then make appropriate recommendations to the Advisory Committee. Delegates to the Standing Committee representing Members that are more than one year in arrears in the payment of assessments to the ICAC at the time of the meeting of the nominating committee shall not be eligible for nomination as Standing Committee officers.

         Section 4 — The Chair

                  a.

                  The Chair shall be the principal presiding officer and ex-officio a member of all subcommittees and working groups.

                  b.

                  If for any reason the Chair cannot complete his or her term of office, the First Vice Chair shall become Chair ad interim for the period until a new Chair is elected.

         Section 5 — Vice Chairs

                  a.

                  The First Vice Chair shall preside over meetings of the Standing Committee in the absence of, or at request of, the Chair.

                  b.

                  The Second Vice Chair shall preside over meetings of the Standing Committee in absence of, or at re- quest of, the Chair and/or First Vice Chair.

                  c.

                  If for any reason the First Vice Chair cannot complete his or her term of office, or if the position is vacated by reason of his or her having become Chair ad interim in accordance with Section 4 b. of this article, the Second Vice Chair shall automatically become First Vice Chair ad interim for the period until a new Vice Chair is elected.

         ARTICLE VI — SUBCOMMITTEES OF THE STANDING COMMITTEE

         Section 1 — The Standing Committee

      The Standing Committee may establish subcommittees or working groups, prescribe their terms of reference, and terminate or discharge them.

         Section 2 — Subcommittees

      Membership in any subcommittee or working group shall be open to all Members of the Standing Committee.

         Section 3 — Competence, Duties, and Responsibilities of the Subcommittees

                  a.

                  Each subcommittee:

                              (1)

                              Shall be responsible to the Standing Committee for work assigned to it by the Advisory Committee or by the Standing Committee.

                              (2)

                              May bring any other matter within its competence to the attention of the Standing Committee.

                              (3)

                              Shall elect its own Chair and Vice Chair. If, for any reason, the Chair of any subcommittee is unable to continue in this capacity, the Vice Chair of that subcommittee shall become chair and the subcommittee shall elect a new Vice Chair.

                              (4)

                              May prescribe its own rules of procedure, formal or informal.

         ARTICLE VII — SECRETARIAT

         Section 1

      The Secretariat shall be headed by an Executive Director who shall be a full time paid employee and shall hold office during the period of his or her contract of employment.

                  a.

                  It shall be a condition of his or her employment that he shall not hold any substantial financial interest that would prejudice the conduct of the affairs of the ICAC and that he or she shall not seek or receive instructions from any authority outside the ICAC.

                  b.

                  The Executive Director shall receive equal treatment with other members of the Secretariat in all matters, except for determination and implementation of cost of living adjustments to salaries and contributions to retirement benefits which will in the case of the Executive Director be determined by the UN system.

                  c.

                  The Executive Director

                              (1)

                              Shall be:

                                          (a)

                                          Treasurer of the ICAC, but without personal financial liability in the normal discharge of such duties;

                                          (b)

                                          Secretary General of the Advisory Committee;

                                          (c)

                                          Secretary of the Standing Committee and its subordinate bodies, unless he or she delegates responsibilities to a member of the staff;

                                          (d)

                                          Custodian of all records of the ICAC;

                                          (e)

                                          In charge of the staff of the Secretariat.

                              (2)

                              Shall have:

                                          (a)

                                          Full responsibility for the work program assigned to the Secretariat;

                                          (b)

                                          Responsibility for the preparation of agenda; timetables; technical documents; proceedings, notices and minutes of meetings;

                                          (c)

                                          Responsibility for matters of protocol and for communication with Members, other international bodies, and with national bodies interested in the work of the ICAC.

                              (3)

                              Shall:

                                          (a)

                                          Represent the Standing Committee in arrangements with the host Members for meetings of the Advisory Committee:

                                          (b)

                                          Assign technical assistance to committees at meetings of the Advisory Committee in consultation with the host Members;

                                          (c)

                                          Prepare for the consideration of the Standing Committee an annual detailed budget to include the following headings: Salaries; pension contributions; travel and subsistence; office equipment; rent and rates, providing an indication of the staff resources to be devoted to administrative, technical and other activities.

                                          (d)

                                          Prepare for the consideration of the Standing Committee a proposed scale of assessments.

                                          (e)

                                          Provide on a quarterly basis details of expenditure to date against the approved budget.

                              (4)

                              Shall be responsible for such other duties or responsibilities as are assigned to him or her from time to time by the Advisory Committee or by the Standing Committee.

         Section 2

      It shall be the responsibility of the Secretariat

                  a.

                  To request from Members the information detailed in Article IX as well as such special information as may be requested by the Advisory Committee or by the Standing Committee.

                  b.

                  To develop and maintain arrangements for the exchange of information relative to the work of the ICAC with non-member governments, other international organizations, and private bodies.

                  c.

                  To prepare, publish, and distribute a Quarterly Statistical Bulletin [the frequency of this publication was changed to twice a year by action at the 43rd Plenary Meeting], a Monthly Review of the World Situation [the frequency of this publication was changed to every other month by action at the 43rd Plenary Meeting], and a Press Release based thereon, in accordance with rules prescribed by the Advisory Committee or by the Standing Committee.

                  d.

                  To prepare such other reports and analyses as may be requested by the Advisory Committee, the Standing Committee, the subcommittees, or working groups established pursuant to Article VI, Section 1.

                  e.

                  To notify Members of meetings of the Advisory Committee, the Standing Committee and the subcommittees. The Executive Director shall decide whom to notify of other meetings.

         Section 3

                  a.

                  Press releases or other documents purporting to express the views or opinions of the ICAC may be issued only with the approval of the Advisory Committee or of the Standing Committee, as appropriate.

                  b.

                  Statements or articles published by the Secretariat on its own initiative shall bear a disclaimer of any responsibility on the part of the ICAC.

         Section 4

      It shall be the responsibility of Members to designate a coordinating agency which shall serve as principal point of contact with the Secretariat.

         ARTICLE VIII — FISCAL PROCEDURES

         Section 1

      The ICAC fiscal year shall begin July 1st.

         Section 2

      For each fiscal year a budget of expenditures and a scale of assessments of Members shall be submitted by the Executive Director to the Standing Committee, which shall be entitled to amend them in whole or in part and whose action thereon shall be final unless modified by the Advisory Committee.

         Section 3 — Accounts

                  a.

                  Expenditures shall be debited to the accounts of the fiscal year in which payments are actually made.

                  b.

                  Receipts shall be credited to the accounts of the fiscal year in which funds are actually received.

                  c.

                  The Secretariat shall prepare and submit to the Standing Committee quarterly statements of the current financial position of the ICAC as of September 30, December 31, March 31 and June 30.

         Section 4 — Audits

                  a.

                  The Standing Committee shall retain an auditor of recognized standing and cause the accounts of the ICAC to be audited at least once a year.

                  b.

                  Upon any change in incumbency in the office of the Executive Director, the Standing Committee may cause a special audit to be made.

                  c.

                  Each auditor's report shall be submitted to the Standing Committee and Coordinating Agencies for approval at the next meeting of the Standing Committee following receipt of the report by the Secretariat.

         Section 5 — Funds

                  a.

                  Unless otherwise directed by the Standing Committee, all funds received by the ICAC shall go into a Working Fund. The Standing Committee shall determine from time to time a threshold dollar amount for checks written on the Working Fund by the Secretariat, at or above which written approval from the Chair of the Standing Committee is required. No individual, including the Executive Director, may sign a check drawn on any of the Committee's accounts to him or herself.

                  b.

                  A Reserve Fund is authorized in the amount to be fixed from time to time by the Standing Committee. Withdrawals from the Reserve Fund may be authorized by the Standing Committee, but only when the monies available in the Working Fund are inadequate to cover commitments or liabilities of the ICAC. Each withdrawal from the Reserve Fund must be authorized in specific amount and timing.

         Section 6 — Investment

      Funds in excess of current requirements may be invested in prime short-term income-bearing dollar securities or may be deposited in federally-insured interest-bearing accounts, as directed by the Standing Committee.

         Section 7 — Disposal of Assets

                  a.

                  Office furnishings and equipment no longer required by the ICAC may be disposed of in accordance with procedures approved by the Standing Committee.

                  b.

                  If at any time dissolution of the ICAC appears imminent, the Standing Committee shall decide how best to meet the outstanding financial obligations of the ICAC and to dispose of any remaining assets.

                  c.

                  Any assets remaining, after all financial obligations have been met shall be prorated to Members whose assessments are fully paid in proportion to the amount actually contributed by each during the current and preceding three fiscal years.

         Section 8 — Retirement Plan

                  a.

                  The Standing Committee is authorized to establish a retirement plan for full time members of the Secretariat.

                  b.

                  If such a plan is established,

                              (1)

                              The ICAC shall make annual contributions to the plan at least equal to, but no more than double, the annual contributions of participating employees.

                              (2)

                              The plan may be modified or discontinued by the Standing Committee. In case the plan is dis- continued or the ICAC is dissolved, each participating employee shall receive a refund, both of the employee's contributions and ICAC's contributions on the employee's behalf with interest accrued thereon.

         ARTICLE IX — PROVISION OF INFORMATION

         Section 1

      Members, through their coordinating agencies, shall supply such available information as may be required to carry out the work program. Such information shall be sent directly to the Secretariat by the most expeditious means as soon as it becomes available.

         Section 2

      The following information shall be furnished each month unless otherwise indicated, except that data on regulations shall be sent only when a change is made or when specifically requested by the Secretariat.

                  a.

                  Quantities of lint cotton in local units including, where feasible, a breakdown into the following staple lengths: under 3/4″, 3/4″ to 1-3/8″, 1-3/8″ and over, or their metric equivalents.

                              (1)

                              Stocks classified by country of growth, at the end of each month:

                                          (a)

                                          in mills and other consuming establishments,

                                          (b)

                                          in public and private warehouses, in transit, and at all other locations.

                              (2)

                              Ginnings (or pressings),

                              (3)

                              Imports, classified by country of growth or, if not available, by country of origin,

                              (4)

                              Consumption, classified by country of growth, when feasible:

                                          (a)

                                          in spinning mills and other factories,

                                          (b)

                                          in households (annual estimate).

                              (5)

                              Burned or otherwise destroyed (annual estimate),

                              (6)

                              Exports, classified by country of destination, and where possible by variety,

                              (7)

                              Re-exports, classified by country of destination.

                  b.

                  Indications of anticipated production such as area of cotton to be planted, fertilizer sales, planting seed distribution, intentions of farmers to plant cotton, governmental area controls and goals.

                  c.

                  Forecasts and estimates of areas planted and harvested, yields, and production by varieties, as soon as available, and at least once at time of plantings and once when crop matures. Crop information should preferably be in terms of lint cotton but where only seed cotton data are available some indication of lint outturn should be supplied.

                  d.

                  Monthly, quarterly, or yearly statistics, whichever is more convenient, on production, imports by country of origin and exports by country of destination, preferably in quantity units, of cotton yarn and piece goods.

                  e.

                  Coordinating agencies are asked to report promptly, exclusive of the regular monthly report, all changes in Members' regulations which affect cotton.

         Section 3

      Members shall cooperate with the Secretariat in supplying available information where made necessary by the work program on production, imports, exports and prices of man-made cellulosic and non-cellulosic fibers and piece goods.

         ARTICLE X — LANGUAGES

         Section 1

      The official and working languages of the ICAC shall be English, French, Spanish, Russian and Arabic.

         Section 2

      For meetings of the Advisory Committee:

                  a.

                  The Standing Committee shall decide what interpreting facilities the ICAC will provide. The ICAC shall not incur unbudgeted expenses in connection with these facilities.

                  b.

                  Formal statements by Members shall be submitted in at least one official language.

         Section 3

      For practical purposes only, the English language normally will be used in meetings of the Standing Committee and subordinate bodies.

         Section 4

                  a.

                  The following shall be published in English, French and Spanish:

                              —

                              Summary records of discussions in meetings of the Advisory Committee

                              —

                              Monthly Review of the World Cotton Situation [the frequency of this publication was changed to every other month by action at the 43rd Plenary Meeting]

                              —

                              Minutes of the Standing Committee [translation into French and Spanish was suspended by action at the 43rd Plenary Meeting]

                  b.

                  The following shall be published in all official languages:

                              —

                              Annual Review of the World Cotton Situation

                              —

                              Report of the Chair of the Standing Committee

                              —

                              Report of the Executive Director

                              —

                              Final statement of the Plenary Meeting

                  c.

                  The Standing Committee shall determine what other documents of a substantive nature are to be printed in the various languages considering their usefulness to Members and budget implications.

         ARTICLE XI — VOTING

         Section 1

                  a.

                  In their decision making the Advisory Committee and the Standing Committee shall strive for unanimity.

                  b.

                  In the event that a consensus cannot be achieved in the Standing Committee, the matter under consideration may be referred to the Advisory Committee, unless it is specified in these or otherthe ICAC regulations, that the matter shall be put to a vote in the Standing Committee. The Advisory Committee shall proceed by consensus. In the event of a consensus not being achieved in the Advisory Committee, the matter shall be put to a vote at the request of any Member, in which case the adoption of any recommendation or proposal shall require the approval of a two-thirds majority of Members present and voting.

                  c.

                  Each Member shall be entitled to one vote.

                  d.

                  An abstention shall not be considered as a vote.

                  e.

                  Voting normally shall be by a show of hands unless the majority of Members present and voting request roll call. A secret ballot shall be taken when requested by any Member.

         ARTICLE XII — COOPERATION WITH OTHER ORGANIZATIONS

         Section 1

                  a.

                  The ICAC shall cooperate with other organizations, public or private, national or international. The Standing Committee shall determine the organizations and the nature and extent of such cooperation.

                  b.

                  These organizations, as well as non-member governments and the public, may, with the approval of the host Member, be invited to attend sessions of the Advisory Committee. Participation in the meetings shall be on such terms as the Advisory Committee or the Standing Committee may prescribe.

         ARTICLE XIII — AMENDMENTS

      These Rules and Regulations may only be amended by the Advisory Committee unless specifically referred for amendment to the Standing Committee.

         ARTICLE XIV — SUPERSESSION

      These Rules and Regulations adopted June 16, 1972 supersede any prior act, resolution, or Rules and Regulations inconsistent with their provisions.

         Index

                  Advisory Committee

                  1-9, 12-13

                  Agenda

                  5-6, 8

                  Assessment

                  2-3, 5, 7-10

                  Budget

                  2, 5, 8-9, 12

                  Chair (The)

                  3-5, 7, 10, 12

                  Cooperation

                  5, 13

                  Coordinating Agency

                  9

                  Executive Director

                  1-6, 8-10, 12

                  Finances

                  4-5

                  Funds

                  9-10

                  Information

                  1-2, 4, 9, 11

                  Languages

                  12

                  Membership

                  1-4, 7

                  Minutes

                  5-6, 8, 12

                  Plenary Meeting

                  1-4, 7, 9, 12

                  Quorum

                  5

                  Secretariat

                  4-6, 8-11

                  Secretary General

                  3, 8

                  Standing Committee

                  1-10, 12-13

                  Steering Committee

                  3

                  Vice Chair

                  3, 6-7

                  Voting

                  12-13

                  Work Program

                  2, 4, 8, 11


title: Council Decision 2012/327/CFSP of 25 June 2012 extending the mandate of the European Union Special Representative for the Southern Mediterranean region

text:
               26.6.2012

               EN

               Official Journal of the European Union

               L 165/56

         COUNCIL DECISION 2012/327/CFSP
   of 25 June 2012
   extending the mandate of the European Union Special Representative for the Southern Mediterranean region
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 18 July 2011, the Council adopted Decision 2011/424/CFSP (1) appointing Mr Bernardino LEÓN as the European Union Special Representative (EUSR) for the Southern Mediterranean region. The EUSR’s mandate is to expire on 30 June 2012.

               (2)

               The mandate of the EUSR should be extended for a further period of 12 months,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Bernardino LEÓN as the EUSR for the Southern Mediterranean region is hereby extended until 30 June 2013. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   The mandate of the EUSR shall be based on the policy objectives of the Union regarding the Southern Neighbourhood as set out in the European Council Declarations of 4 February and 11 March 2011, the European Council conclusions of 24-25 March 2011, and the Council conclusions of 21 February and 20 June 2011, and taking into account the proposals of the HR and the Commission in their communications of 8 March and 25 May 2011.
   Those objectives include:

               (a)

               enhancing the Union’s political dialogue, contributing to the partnership and broader relationship with Southern Mediterranean countries, in particular those undergoing political reform and a transition to democracy;

               (b)

               contributing to the response of the Union to the developments of Southern Mediterranean countries, in particular those undergoing political reform and a transition to democracy, notably by strengthening democracy and institution building, the rule of law, good governance, respect for human rights and fundamental freedoms, peace and regional cooperation, including through the European Neighbourhood Policy and the Union for the Mediterranean;

               (c)

               enhancing the Union’s effectiveness, presence and visibility in the region and in relevant international forums;

               (d)

               establishing close coordination with relevant local partners and international and regional organisations such as the African Union, the Cooperation Council for the Arab States of the Gulf, the Organisation of Islamic Cooperation, the League of Arab States, the Arab Maghreb Union, relevant international financial institutions, the United Nations and the private sector.

         Article 3
   Mandate
   In order to achieve the policy objectives, the mandate of the EUSR shall be to:

               (a)

               strengthen the overall political role of the Union with regard to Southern Mediterranean countries, in particular those undergoing political reform and a transition to democracy, notably by enhancing dialogue with governments and international organisations, as well as with civil society and other relevant interlocutors, and promoting awareness among the partners of the Union’s approach;

               (b)

               maintain close contact with all parties involved in the process of democratic transformation in the region, foster stabilisation and reconciliation in full respect of local ownership and contribute to crisis management and prevention;

               (c)

               contribute to better coherence, consistency and coordination of the Union and Member States’ policies and actions towards the region;

               (d)

               contribute to promoting coordination with international partners and organisations and to supporting regional cooperation. Assist the HR, in coordination with the Commission and Member States, by contributing to the work of the Task Force and follow up meetings for the Southern Mediterranean region;

               (e)

               contribute to the implementation of the Union’s human rights policy in the region, including the EU Guidelines on human rights, in particular the EU Guidelines on Children and Armed Conflict, as well as on violence against women and girls and combating all forms of discrimination against them, and the Union’s policy on Women, Peace and Security, including by monitoring and reporting on developments, as well as formulating recommendations in this regard.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
   2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS) and its relevant departments.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 July 2012 to 30 June 2013 shall be EUR 945 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of the mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
   2.   Member States, the institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS, and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and the staff of the EUSR
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of the EUSR’s staff shall be agreed with the host party or parties, as appropriate. Member States and the Commission shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of the EUSR’s team shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (2).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations and/or the Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with the mandate and on the basis of the security situation in the geographical area of responsibility, for the security of all personnel under the direct authority of the EUSR, in particular by:

               (a)

               establishing a mission-specific security plan based on guidance from the EEAS, providing for mission-specific physical, organisational and procedural security measures governing the management of the secure movement of personnel to, and within, the mission area and the management of security incidents, and providing for a contingency plan and a mission evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance, as required by the conditions in the mission area;

               (c)

               ensuring that all members of the EUSR’s team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the EEAS;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented, and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

         Article 11
   Reporting
   The EUSR shall regularly provide the PSC and the HR with oral and written reports. The EUSR shall also report to Council working parties as necessary. Regular written reports shall be circulated through the COREU network. Upon recommendation of the PSC or the HR, the EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.
   Article 12
   Coordination
   1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union’s action and shall help ensure that all Union instruments and Member States’ actions are engaged coherently, to attain the Union’s policy objectives. The EUSR shall work in full coordination with the Member States and the Commission, as well as other European Union Special Representatives active in the region, including the EUSR for the Middle East Peace Process, as appropriate. The EUSR shall provide regular briefings to Member States’ missions and the Union’s delegations.
   2.   In the field, close liaison shall be maintained with the Heads of Union delegations and Member States’ Heads of Mission, who shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a progress report by the end of December 2012, and with a comprehensive implementation report on the mandate at the end thereof.
   Article 14
   Entry into force
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 25 June 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 188, 19.7.2011, p. 24.

      (2)  OJ L 141, 27.5.2011, p. 17.


Avis juridique important

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31980D0261

80/261/Euratom: Council Decision of 3 March 1980 appointing a member of the Advisory Committee of the Euratom Supply Agency

Official Journal L 063 , 08/03/1980 P. 0025 - 0025

++++COUNCIL DECISION  OF 3 MARCH 1980  APPOINTING A MEMBER OF THE ADVISORY COMMITTEE OF THE EURATOM SUPPLY AGENCY   ( 80/261/EURATOM )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE STATUTES OF THE EURATOM SUPPLY AGENCY ( 1 ) , AS AMENDED BY DECISION 73/45/EURATOM ( 2 ) , AND IN PARTICULAR ARTICLE X THEREOF ,  HAVING REGARD TO THE COUNCIL DECISION OF 29 MARCH 1979 REPLACING MEMBERS OF THE ADVISORY COMMITTEE OF THE EURATOM SUPPLY AGENCY ,  HAVING REGARD TO THE OPINION OF THE COMMISSION ,  WHEREAS A SEAT HAS BECOME VACANT ON THE ABOVEMENTIONED COMMITTEE FOLLOWING THE RESIGNATION OF MR EYVIND MOE OF WHICH THE COUNCIL WAS INFORMED ON 3 JANUARY 1980 ;  HAVING REGARD TO THE NOMINATION SUBMITTED BY THE GOVERNMENT OF DENMARK ON 3 JANUARY 1980 ,  HAS DECIDED AS FOLLOWS :  SOLE ARTICLE  MR HANS JOERGEN KOCH IS HEREBY APPOINTED A MEMBER OF THE ADVISORY COMMITTEE OF THE EURATOM SUPPLY AGENCY IN PLACE OF MR EYVIND MOE FOR THE REMAINDER OF THE LATTER'S TERM OF OFFICE , WHICH RUNS UNTIL 28 MARCH 1981 .  DONE AT BRUSSELS , 3 MARCH 1980 .  FOR THE COUNCIL  THE PRESIDENT  G . MARCORA  ( 1 ) OJ NO 27 , 6 . 12 . 1958 , P . 534/58 .  ( 2 ) OJ NO L 83 , 30 . 3 . 1973 , P . 20 .


title: 2007/473/EC: Council Decision of 25 June 2007 on declassifying certain parts of the SIRENE Manual adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985

text:
               7.7.2007

               EN

               Official Journal of the European Union

               L 179/52

      COUNCIL DECISION

   of 25 June 2007
   on declassifying certain parts of the SIRENE Manual adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985
   (2007/473/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 207(3) thereof,
   Whereas,

               (1)

               By its Decision 2003/19/EC of 14 October 2002 on declassifying certain parts of the SIRENE Manual adopted by the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985 (1) the Council declassified certain parts of the SIRENE Manual, and downgraded Section 2.3 of the SIRENE Manual as well as Annexes 1, 2, 3, 4, 5 and 6 to ‘Restreint UE’.

               (2)

               The latest version of the SIRENE Manual, as it appears in Commission Decisions 2006/757/EC (2) and 2006/758/EC (3) of 22 September 2006 on amending the SIRENE Manual does not contain a provision equivalent to Section 2.3 as it stood at the time of the adoption of Decision 2003/19/EC.

               (3)

               The Council now considers it appropriate to declassify further parts of the SIRENE Manual.

               (4)

               The classification of Annexes 1, 3, 4 and 6 should remain ‘Restreint UE’,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Annexes 2 and 5 to the SIRENE Manual shall be declassified.
   Article 2
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 25 June 2007.

            For the Council

            The President

         A. SCHAVAN

      (1)  OJ L 8, 14.1.2003, p. 34.

      (2)  OJ L 317, 16.11.2006, p. 1.

      (3)  OJ L 317, 16.11.2006, p. 41.


title: Council Decision 2012/168/CFSP of 23 March 2012 amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran

text:
               24.3.2012

               EN

               Official Journal of the European Union

               L 87/85

         COUNCIL DECISION 2012/168/CFSP
   of 23 March 2012
   amending Decision 2011/235/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 12 April 2011, the Council adopted Decision 2011/235/CFSP (1).

               (2)

               On the basis of a review of Decision 2011/235/CFSP, the restrictive measures should be renewed until 13 April 2013.

               (3)

               Furthermore, in view of the gravity of the human rights situation in Iran, additional persons should be included in the list of persons and entities subject to restrictive measures as set out in the Annex to Decision 2011/235/CFSP.

               (4)

               In this context, it is should be noted that, in line with recital (4) of Decision 2011/235/CFSP, the persons targeted by the restrictive measures may also include members of the Iranian Revolutionary Guard Corps (IRGC), the Basij and Ansar-e-Hezbollah.

               (5)

               In addition, the sale, supply, transfer or export of equipment or software intended primarily for use in the monitoring or interception by the Iranian regime of the Internet and of telephone communications on mobile or fixed networks in Iran should be prohibited.

               (6)

               Furthermore, in consideration of its objectives, the prohibition on the supply, sale or transfer of equipment which might be used for internal repression should be included in Decision 2011/235/CFSP. At the same time, Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures directed against Iran (2) is to be amended so that it no longer includes that prohibition.

               (7)

               Decision 2011/235/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2011/235/CFSP is hereby amended as follows:

               (1)

               The following Articles are inserted:
               "Article 2a
               The sale, supply, transfer or export of equipment or software intended primarily for use in the monitoring or interception by the Iranian regime, or on its behalf, of the Internet and of telephone communications on mobile or fixed networks in Iran and the provision of assistance to install, operate or update such equipment or software shall be prohibited.
               The Union shall take the necessary measures in order to determine the relevant elements to be covered by this Article.
               Article 2b
               1.   The sale, supply, transfer or export of equipment which might be used for internal repression to Iran by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited, whether or not originating in their territories.
               2.   It shall also be prohibited to:

                           (a)

                           provide, directly or indirectly, technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for the use in, Iran.

                           (b)

                           provide, directly or indirectly, financing or financial assistance, related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, Iran.".

               (2)

               The following Article is inserted:
               "Article 4a
               It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures referred to in Articles 2a and 2b.".

               (3)

               Article 6 is replaced by the following:
               "Article 6
               1.   This Decision shall enter into force on the day of its adoption.
               2.   This Decision shall apply until 13 April 2013. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.".

         Article 2
   The persons listed in the Annex to this Decision shall be added to the list set out in the Annex to Decision 2011/235/CFSP.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 23 March 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 100, 14.4.2011, p. 51.

      (2)  OJ L 195, 27.7.2010, p. 39.

      ANNEX

         List of persons referred to in Article 2

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  ZARGHAMI Ezzatollah

                  As Head of Islamic Republic of Iran Broadcasting (IRIB), he is responsible for all programming decisions. IRIB has broadcast forced confessions of detainees and a series of "show trials" in August 2009 and December 2011. These constitute a clear violation of international provisions on fair trial and the right to due process.

                  23.3.2012

                  2.

                  TAGHIPOUR Reza

                  POB: Maragheh (Iran)
                  DOB: 1957

                  Minister for Information and Communications. As Minister for Information, he is one of the top officials in charge of censorship and control of internet activities and also all types of communications (notably mobile phones). During interrogations of political detainees, the interrogators make use of the detainees' personal data, mail and communications.
                  On several occasions following the last presidential election and during street demonstrations, mobile lines and text messaging were blocked, satellite TV channels were jammed and the internet locally suspended or at least slowed down.

                  23.3.2012

                  3.

                  KAZEMI Toraj

                  Colonel of the technology and communications police, he recently announced a campaign for the recruitment of government hackers in order to achieve better control of information on the internet and attack "dangerous" sites.

                  23.3.2012

                  4.

                  LARIJANI Sadeq

                  POB: Najaf (Iraq)
                  DOB: 1960 or August 1961

                  Head of the Judiciary. The Head of the Judiciary is required to consent to and sign off every qisas (retribution), hodoud (crimes against God) and ta'zirat (crimes against the state) punishment. This includes sentences attracting the death penalty, floggings and amputations. In this regard, he has personally signed off numerous death penalty sentences, contravening international standards, including stoning (16 people are currently under stoning sentence), executions by suspension strangulation, execution of juveniles, and public executions such as those where prisoners have been hung from bridges in front of crowds of thousands. He has also permitted corporal punishment sentences such as amputations and the dripping of acid into the eyes of the convicted. Since Sadeq Larijani took office, arbitrary arrests of political prisoners, human rights defenders and minorities have increased markedly. Executions have also increased sharply since 2009. Sadeq Larijani also bears responsibility for systemic failures in the Iranian judicial process to respect the right to a fair trial.

                  23.3.2012

                  5.

                  MIRHEJAZI Ali

                  Deputy Chief of the Supreme Leader's Office and Head of Security. Part of the Supreme Leader's inner circle, responsible for planning the suppression of protests which has been implemented since 2009.

                  23.3.2012

                  6.

                  SAEEDI Ali

                  Representative of the Guide for the Pasdaran since 1995 after spending his whole career within the institution of the military, and specifically in the Pasdaran intelligence service. This official role makes him the key figure in the transmission of orders emanating from the Office of the Guide to the Pasdaran's repression apparatus.

                  23.3.2012

                  7.

                  RAMIN Mohammad-Ali

                  POB: Dezful (Iran)
                  DOB: 1954

                  Main figure responsible for censorship as Vice-Minister in charge of the Press up to December 2010, he was directly responsible for the closure of many reforming newspapers (Etemad, Etemad-e Melli, Shargh, etc), closure of the Independent Press Syndicate and the intimidation or arrest of journalists.

                  23.3.2012

                  8.

                  MORTAZAVI Seyyed Solat

                  POB: Meibod (Iran)
                  DOB: 1967

                  Deputy Interior Minister for Political Affairs. Responsible for directing repression of persons who speak up in defence of their legitimate rights, including freedom of expression.

                  23.3.2012

                  9.

                  REZVANI Gholomani

                  Deputy Governor of Rasht. Responsible for grave violations of the right to due process.

                  23.3.2012

                  10.

                  SHARIFI Malek Ajdar

                  Head of the judiciary in East Azerbaijan. Responsible for grave violations of the right to due process.

                  23.3.2012

                  11.

                  ELAHI Mousa Khalil

                  Prosecutor of Tabriz. Responsible for directing grave human rights violations of the right to due process.

                  23.3.2012

                  12.

                  FAHRADI Ali

                  Prosecutor of Karaj. Responsible for grave violation of human rights in demanding the death sentence for a juvenile.

                  23.3.2012

                  13.

                  REZVANMANESH Ali

                  Prosecutor. Responsible for grave violation of human rights in demanding the death sentence for a juvenile.

                  23.3.2012

                  14.

                  RAMEZANI Gholamhosein

                  Commander of IRGC Intelligence. Responsible for grave human rights violation of persons who speak up in defence of their legitimate rights, including freedom of expression. Heads Department responsible for the arrest and torture of bloggers/journalists.

                  23.3.2012

                  15.

                  SADEGHI Mohamed

                  Colonel and Deputy of IRGC technical and cyber intelligence. Responsible for the arrests and torture of bloggers/journalists.

                  23.3.2012

                  16.

                  JAFARI Reza

                  Head of special prosecution of cyber crime. In charge of arrests, detentions and prosecutions of bloggers and journalists.

                  23.3.2012

                  17.

                  RESHTE-AHMADI Bahram

                  Deputy Prosecutor in Tehran. Runs Evin prosecution centre. Responsible for the denial of rights, including visits and other prisoner's rights, to human rights defenders and political prisoners.

                  23.3.2012


Important legal notice

|

52007BP0111(01)

1. European Parliament decision of 24 April 2007 on the discharge for implementation of the European Union general budget for the financial year 2005, Section VIIIB - European Data Protection Supervisor (C6-0472/2006 - 2006/2170(DEC)

Official Journal 074 E , 20/03/2008 P. 0172 - 0172

		1.European Parliament decision of 24 April 2007 on the discharge for implementation of the European Union general budget for the financial year 2005, Section VIIIB — European Data Protection Supervisor (C6-0472/2006 — 2006/2170(DEC)The European Parliament,- having regard to the European Union general budget for the financial year 2005 [1],- having regard to the final annual accounts of the European Communities for the financial year 2005 — Volume I (C6-0472/2006) [2],- having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2005 and the Court of Auditors' special reports, together with the audited institutions' replies [3],- having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty [4],- having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,- having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities [5], and in particular Articles 50, 86, 145, 146 and 147 thereof,- having regard to Rule 71 of and Annex V to its Rules of Procedure,- having regard to the report of the Committee on Budgetary Control (A6-0111/2007),1. Grants the European Data Protection Supervisor discharge for the implementation of the budget for the financial year 2005;2. Sets out its observations in the resolution below;3. Instructs its President to forward this decision and the resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).[1] OJ L 60, 8.3.2005.[2] OJ C 264, 31.10.2006, p. 1.[3] OJ C 263, 31.10.2006, p. 1.[4] OJ C 263, 31.10.2006, p. 10.[5] OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).--------------------------------------------------