Avis juridique important

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31993D0485

93/485/EEC: Commission Decision of 6 September 1993 terminating the anti-dumping proceeding concerning imports of bicycles originating in Taiwan

Official Journal L 227 , 08/09/1993 P. 0021 - 0021

COMMISSION DECISION of 6 September 1993 terminating the anti-dumping proceeding concerning imports of bicycles originating in Taiwan(93/485/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 9 thereof,  After consultation within the Advisory Committee as provided for by the above Regulation,  Whereas:   PROCEDURE  (1) In July 1991 the Commission received a complaint lodged by the European Bicycle Manufacturers Association (EBMA) on behalf of Community producers representing a major proportion of the Community production of bicycles. The complaint  contained evidence of dumping with regard to imports from Taiwan and the People's Republic of China and injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding.  (2) The Commission accordingly announced by a notice published in the Official Journal of the European Communities (2) the initiation of an anti-dumping proceeding concerning imports of bicycles originating in Taiwan and the People's Republic of China.   (3) Subsequently the Commission, by Regulation (EEC) No 550/93 (3) imposed a provisional anti-dumping duty on the imports of bicycles originating in the People's Republic of China. The dumping margin for Taiwan was considered negligeable and  consequently no anti-dumping duty was imposed on the imports of bicycles originating in that country.  (4) The parties concerned were given the opportunity to make their views known in writing and apply to be heard orally by the Commission.  (5) None of the parties concerned provided evidence which would lead the Commission to change its findings.  (6) In the light of the Commission findings of negligeable dumping with regard to imports of bicycles originating in Taiwan, this proceeding should be terminated in accordance with Article 9 (1) of Regulation (EEC) No 2423/88. No objections have been  raised within the Advisory Committee against this course of action.  HAS DECIDED AS FOLLOWS:   Sole Article  This anti-dumping proceeding concerning imports of bicycles and other cycles (including delivery tricycles), not motorized falling within CN code 8712 00, originating in Taiwan, is hereby terminated.  Done at Brussels, 6 September 1993.  For the Commission Leon BRITTAN Vice-President  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 266, 12. 10. 1991, p. 6.  (3) OJ No L 58, 11. 3. 1993, p. 12.


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32003D0335

2003/335/JHA: Council Decision 2003/335/JHA of 8 May 2003 on the investigation and prosecution of genocide, crimes against humanity and war crimes

Official Journal L 118 , 14/05/2003 P. 0012 - 0014

Council Decision 2003/335/JHAof 8 May 2003on the investigation and prosecution of genocide, crimes against humanity and war crimesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Articles 30, 31 and 34(2)(c) thereof,Having regard to the initiative of the Kingdom of Denmark(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The International Criminal Tribunals for the former Yugoslavia and for Rwanda have since 1995 been investigating, prosecuting and bringing to justice violations of international law in connection with war, genocide and crimes against humanity.(2) The Rome Statute of the International Criminal Court of 17 July 1998, which has been ratified by all Member States of the European Union, affirms that the most serious crimes of concern to the international community as a whole, in particular genocide, crimes against humanity and war crimes, must not go unpunished and that their effective prosecution must be ensured by taking measures at national level and by enhancing international cooperation.(3) The Rome Statute recalls that it is the duty of every State to exercise its criminal jurisdiction over those responsible for such international crimes.(4) The Rome Statute emphasises that the International Criminal Court established under it is to be complementary to national criminal jurisdictions. Effective investigation and, as appropriate, prosecution of genocide, crimes against humanity and war crimes should be ensured without interference with the jurisdiction of the International Criminal Court.(5) The investigation and prosecution of, and exchange of information on, genocide, crimes against humanity and war crimes is to remain the responsibility of national authorities, except as affected by international law.(6) Member States are being confronted on a regular basis with persons who were involved in such crimes and who are trying to enter and reside in the European Union.(7) The competent authorities of the Member States are to ensure that, where they receive information that a person who has applied for a residence permit is suspected of having committed or participated in the commission of genocide, crimes against humanity or war crimes, the relevant acts may be investigated, and, where justified, prosecuted in accordance with national law.(8) The relevant national law enforcement and immigration authorities, although having separate tasks and responsibilities, should cooperate very closely in order to enable effective investigation and prosecution of such crimes by the competent authorities that have jurisdiction at national level.(9) Member States should ensure that law enforcement authorities and immigration authorities have the appropriate resources and structures to enable their effective cooperation and the effective investigation and, as appropriate, prosecution of genocide, crimes against humanity and war crimes.(10) The successful outcome of effective investigation and prosecution of such crimes also requires close cooperation at transnational level between authorities of the States Parties to the Rome Statute, including the Member States.(11) On 13 June 2002, the Council adopted Decision 2002/494/JHA setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes(3). Member States should ensure that full use is made of the contact points to facilitate cooperation between the competent international authorities.(12) In Council Common Position 2001/443/CFSP of 11 June 2001 on the International Criminal Court(4), the Member States declared that the crimes within the jurisdiction of the International Criminal Court are of concern for all Member States, which are determined to cooperate for the prevention of those crimes and for putting an end to the impunity of the perpetrators thereof,HAS DECIDED AS FOLLOWS:Article 1ObjectiveThe aim of this Decision is to increase cooperation between national units in order to maximise the ability of law enforcement authorities in different Member States to cooperate effectively in the field of investigation and prosecution of persons who have committed or participated in the commission of genocide, crimes against humanity or war crimes as defined in Articles 6, 7 and 8 of the Rome Statute of the International Criminal Court of 17 July 1998.Article 2Information to law enforcement authorities1. The Member States shall take the necessary measures in order for the law enforcement authorities to be informed when facts are established which give rise to a suspicion that an applicant for a residence permit has committed crimes as referred to in Article 1 which may lead to prosecution in a Member State or in international criminal courts.2. Member States shall take the necessary measures to ensure that the relevant national law enforcement and immigration authorities are able to exchange the information, which they require in order to carry out their tasks effectively.Article 3Investigation and prosecution1. Member States shall assist one another in investigating and prosecuting the crimes referred to in Article 1 in accordance with relevant international agreements and national law.2. Where, in connection with the processing of an application for a residence permit, the immigration authorities become aware of facts which give rise to a suspicion that the applicant has participated in crimes referred to in Article 1, and where it emerges that the applicant has previously sought permission to reside in another Member State, the law enforcement authorities may apply to the competent law enforcement authorities in the latter Member State with a view to obtaining relevant information, including information from the immigration authorities.3. Insofar as the law enforcement authorities in a Member State become aware that a person suspected of crimes as referred to in Article 1 is in another Member State, they shall inform the competent authorities in the latter Member State of their suspicions and the basis thereof. Such information shall be provided in accordance with relevant international agreements and national law.Article 4StructuresMember States shall consider the need to set up or designate specialist units within the competent law enforcement authorities with particular responsibility for investigating and, as appropriate, prosecuting the crimes in question.Article 5Coordination and periodic meetings1. Member States shall coordinate ongoing efforts to investigate and prosecute persons suspected of having committed or participated in the commission of genocide, crimes against humanity or war crimes.2. At the Presidency's initiative, the contact points designated under Article 1 of Decision 2002/494/JHA, shall meet at regular intervals with a view to exchanging information about experiences, practices and methods. These meetings may take place in conjunction with meetings within the European Judicial Network and, depending on the circumstances, representatives from the International Criminal Tribunals for the former Yugoslavia and for Rwanda, the International Criminal Court and other international bodies may also be invited to take part in such meetings.Article 6Compliance with data protection legislationAny kind of exchange of information or other kind of processing of personal data under this Decision shall take place in full compliance with the requirements flowing from the applicable international and domestic data protection legislation.Article 7ImplementationMember States shall take the necessary measures to comply with this Decision by 8 May 2005.Article 8Territorial applicationThis Decision shall apply to Gibraltar.Article 9Taking effectThis Decision shall take effect on the day of its publication in the Official Journal of the European Union.Done at Brussels, 8 May 2003.For the CouncilThe PresidentM. Chrisochoïdis(1) OJ C 223, 19.9.2002, p. 19.(2) Opinion of 17 December 2002 (not yet published in the Official Journal).(3) OJ L 167, 26.6.2002, p. 1.(4) OJ L 155, 12.6.2001, p. 19.


title: 2006/619/EC: Council Decision of 24 July 2006 on the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime concerning the provisions of the Protocol, in so far as the provisions of the Protocol fall within the scope of Part III, Title IV of the Treaty establishing the European Community

text:
               22.9.2006

               EN

               Official Journal of the European Union

               L 262/51

      COUNCIL DECISION

   of 24 July 2006
   on the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime concerning the provisions of the Protocol, in so far as the provisions of the Protocol fall within the scope of Part III, Title IV of the Treaty establishing the European Community
   (2006/619/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 62 point 2, Article 63 point 3 and Article 66 in conjunction with the first subparagraph of Article 300(2), and first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The elements of the Protocol which are subject to Community competence were negotiated by the Commission, with the approval of the Council, on behalf of the Community.

               (2)

               The Council instructed the Commission to negotiate the accession of the Community to the international agreement in question.

               (3)

               Negotiations were successfully concluded and the resulting instrument was signed by the Community on 12 December 2000 in accordance with Council Decision 2001/87/EC of 8 December 2000 (2).

               (4)

               Some Member States are parties to the Protocol while the ratification process is under way in other Member States.

               (5)

               This Decision is without prejudice to the position of the United Kingdom and Ireland under the Protocol integrating the Schengen acquis into the framework of the European Union and under the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and the Treaty establishing the European Community, hence the UK and Ireland are not bound by this Decision to the extent that it concerns the exercise of an external power by the Community in fields where its internal legislation does not bind the UK and/or Ireland.

               (6)

               This Decision is without prejudice to the position of Denmark under the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, hence Denmark does not take part in its adoption and is not bound by it.

               (7)

               The conclusion of the Convention was approved on behalf of the Community by Council Decision 2004/579/EC of 29 April 2004 (3) which is a condition for the Community to become a Party to the Protocol, pursuant to Article 37(2) of the Convention.

               (8)

               The other conditions permitting the Community to deposit the instrument of approval provided for in Article 36(3) of the Convention and Article 16(3) of the Protocol have been fulfilled.

               (9)

               In so far as the provisions of the Protocol fall within the scope of Part III, Title IV of the Treaty, the conclusion of the Protocol should be approved on behalf of the Community.

               (10)

               In so far as the provisions of the Protocol fall within the scope of Articles 179 and 181a of the Treaty, the conclusion of the Protocol on behalf of the Community should be approved by means of a separate decision of the Council (4).

               (11)

               The Community should, when depositing the instrument of approval, also deposit a declaration on the extent of the Community's competence with respect to matters governed by the Protocol under Article 16(3) of the Trafficking Protocol,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against transnational organised crime, as set out in Annex I, is hereby approved on behalf of the European Community.
   The Community's instrument of formal confirmation shall comprise a declaration of competence according to Article 16(3) of the Protocol as set out in Annex II.
   Article 2
   This Decision shall apply in so far as the provisions of the Protocol fall within the scope of Part III, Title IV of the Treaty.
   Article 3
   The President of the Council is authorised to designate the person empowered to deposit the instrument of formal confirmation in order to bind the Community.
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 24 July 2006.

            For the Council

            The President

         K. RAJAMÄKI

      (1)  Not yet published in the Official Journal.

      (2)  OJ L 30, 1.2.2001, p. 44.

      (3)  OJ L 261, 6.8.2004, p. 69.

      (4)  See page 44 of this Official Journal.

      ANNEX I

         PROTOCOL
         to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime
         PREAMBLE
         THE STATES PARTIES TO THIS PROTOCOL,
         DECLARING that effective action to prevent and combat trafficking in persons, especially women and children, requires a comprehensive international approach in the countries of origin, transit and destination that includes measures to prevent such trafficking, to punish the traffickers and to protect the victims of such trafficking, including by protecting their internationally recognised human rights,
         TAKING INTO ACCOUNT the fact that, despite the existence of a variety of international instruments containing rules and practical measures to combat the exploitation of persons, especially women and children, there is no universal instrument that addresses all aspects of trafficking in persons,
         CONCERNED that, in the absence of such an instrument, persons who are vulnerable to trafficking will not be sufficiently protected,
         RECALLING General Assembly resolution 53/111 of 9 December 1998, in which the Assembly decided to establish an open-ended intergovernmental ad hoc committee for the purpose of elaborating a comprehensive international convention against transnational organised crime and of discussing the elaboration of, inter alia, an international instrument addressing trafficking in women and children,
         CONVINCED that supplementing the United Nations Convention against Transnational Organised Crime with an international instrument for the prevention, suppression and punishment of trafficking in persons, especially women and children, will be useful in preventing and combating that crime,
         HAVE AGREED AS FOLLOWS:
         I.   GENERAL PROVISIONS
         Article 1
         Relation with the United Nations Convention against Transnational Organised Crime
         1.   This Protocol supplements the United Nations Convention against Transnational Organised Crime. It shall be interpreted together with the Convention.
         2.   The provisions of the Convention shall apply, mutatis mutandis, to this Protocol unless otherwise provided herein.
         3.   The offences established in accordance with article 5 of this Protocol shall be regarded as offences established in accordance with the Convention.
         Article 2
         Statement of purpose
         The purposes of this Protocol are:

                     (a)

                     to prevent and combat trafficking in persons, paying particular attention to women and children;

                     (b)

                     to protect and assist the victims of such trafficking, with full respect for their human rights; and

                     (c)

                     to promote cooperation among States Parties in order to meet those objectives.

               Article 3
         Use of terms
         For the purposes of this Protocol:

                     (a)

                     ‘trafficking in persons’ shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;

                     (b)

                     the consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;

                     (c)

                     the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered ‘trafficking in persons’ even if this does not involve any of the means set forth in subparagraph (a) of this article;

                     (d)

                     ‘child’ shall mean any person under 18 years of age.

               Article 4
         Scope of application
         This Protocol shall apply, except as otherwise stated herein, to the prevention, investigation and prosecution of the offences established in accordance with article 5 of this Protocol, where those offences are transnational in nature and involve an organised criminal group, as well as to the protection of victims of such offences.
         Article 5
         Criminalisation
         1.   Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the conduct set forth in article 3 of this Protocol, when committed intentionally.
         2.   Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences:

                     (a)

                     subject to the basic concepts of its legal system, attempting to commit an offence established in accordance with paragraph 1 of this article;

                     (b)

                     participating as an accomplice in an offence established in accordance with paragraph 1 of this article; and

                     (c)

                     organising or directing other persons to commit an offence established in accordance with paragraph 1 of this article.

               II.   PROTECTION OF VICTIMS OF TRAFFICKING IN PERSONS
         Article 6
         Assistance to and protection of victims of trafficking in persons
         1.   In appropriate cases and to the extent possible under its domestic law, each State Party shall protect the privacy and identity of victims of trafficking in persons, including, inter alia, by making legal proceedings relating to such trafficking confidential.
         2.   Each State Party shall ensure that its domestic legal or administrative system contains measures that provide to victims of trafficking in persons, in appropriate cases:

                     (a)

                     information on relevant court and administrative proceedings;

                     (b)

                     assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders, in a manner not prejudicial to the rights of the defence.

               3.   Each State Party shall consider implementing measures to provide for the physical, psychological and social recovery of victims of trafficking in persons, including, in appropriate cases, in cooperation with non-governmental organisations, other relevant organisations and other elements of civil society, and, in particular, the provision of:

                     (a)

                     appropriate housing;

                     (b)

                     counselling and information, in particular as regards their legal rights, in a language that the victims of trafficking in persons can understand;

                     (c)

                     medical, psychological and material assistance; and

                     (d)

                     employment, educational and training opportunities.

               4.   Each State Party shall take into account, in applying the provisions of this article, the age, gender and special needs of victims of trafficking in persons, in particular the special needs of children, including appropriate housing, education and care.
         5.   Each State Party shall endeavour to provide for the physical safety of victims of trafficking in persons while they are within its territory.
         6.   Each State Party shall ensure that its domestic legal system contains measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage suffered.
         Article 7
         Status of victims of trafficking in persons in receiving States
         1.   In addition to taking measures pursuant to article 6 of this Protocol, each State Party shall consider adopting legislative or other appropriate measures that permit victims of trafficking in persons to remain in its territory, temporarily or permanently, in appropriate cases.
         2.   In implementing the provision contained in paragraph 1 of this article, each State Party shall give appropriate consideration to humanitarian and compassionate factors.
         Article 8
         Repatriation of victims of trafficking in persons
         1.   The State Party of which a victim of trafficking in persons is a national or in which the person had the right of permanent residence at the time of entry into the territory of the receiving State Party shall facilitate and accept, with due regard for the safety of that person, the return of that person without undue or unreasonable delay.
         2.   When a State Party returns a victim of trafficking in persons to a State Party of which that person is a national or in which he or she had, at the time of entry into the territory of the receiving State Party, the right of permanent residence, such return shall be with due regard for the safety of that person and for the status of any legal proceedings related to the fact that the person is a victim of trafficking and shall preferably be voluntary.
         3.   At the request of a receiving State Party, a requested State Party shall, without undue or unreasonable delay, verify whether a person who is a victim of trafficking in persons is its national or had the right of permanent residence in its territory at the time of entry into the territory of the receiving State Party.
         4.   In order to facilitate the return of a victim of trafficking in persons who is without proper documentation, the State Party of which that person is a national or in which he or she had the right of permanent residence at the time of entry into the territory of the receiving State Party shall agree to issue, at the request of the receiving State Party, such travel documents or other authorisation as may be necessary to enable the person to travel to and re-enter its territory.
         5.   This article shall be without prejudice to any right afforded to victims of trafficking in persons by any domestic law of the receiving State Party.
         6.   This article shall be without prejudice to any applicable bilateral or multilateral agreement or arrangement that governs, in whole or in part, the return of victims of trafficking in persons.
         III.   PREVENTION, COOPERATION AND OTHER MEASURES
         Article 9
         Prevention of trafficking in persons
         1.   States Parties shall establish comprehensive policies, programmes and other measures:

                     (a)

                     to prevent and combat trafficking in persons; and

                     (b)

                     to protect victims of trafficking in persons, especially women and children, from revictimisation.

               2.   States Parties shall endeavour to undertake measures such as research, information and mass media campaigns and social and economic initiatives to prevent and combat trafficking in persons.
         3.   Policies, programmes and other measures established in accordance with this article shall, as appropriate, include cooperation with non-governmental organisations, other relevant organisations and other elements of civil society.
         4.   States Parties shall take or strengthen measures, including through bilateral or multilateral cooperation, to alleviate the factors that make persons, especially women and children, vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity.
         5.   States Parties shall adopt or strengthen legislative or other measures, such as educational, social or cultural measures, including through bilateral and multilateral cooperation, to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking.
         Article 10
         Information exchange and training
         1.   Law enforcement, immigration or other relevant authorities of States Parties shall, as appropriate, cooperate with one another by exchanging information, in accordance with their domestic law, to enable them to determine:

                     (a)

                     whether individuals crossing or attempting to cross an international border with travel documents belonging to other persons or without travel documents are perpetrators or victims of trafficking in persons;

                     (b)

                     the types of travel document that individuals have used or attempted to use to cross an international border for the purpose of trafficking in persons; and

                     (c)

                     the means and methods used by organised criminal groups for the purpose of trafficking in persons, including the recruitment and transportation of victims, routes and links between and among individuals and groups engaged in such trafficking, and possible measures for detecting them.

               2.   States Parties shall provide or strengthen training for law enforcement, immigration and other relevant officials in the prevention of trafficking in persons. The training should focus on methods used in preventing such trafficking, prosecuting the traffickers and protecting the rights of the victims, including protecting the victims from the traffickers. The training should also take into account the need to consider human rights and child- and gender-sensitive issues and it should encourage cooperation with non-governmental organisations, other relevant organisations and other elements of civil society.
         3.   A State Party that receives information shall comply with any request by the State Party that transmitted the information that places restrictions on its use.
         Article 11
         Border measures
         1.   Without prejudice to international commitments in relation to the free movement of people, States Parties shall strengthen, to the extent possible, such border controls as may be necessary to prevent and detect trafficking in persons.
         2.   Each State Party shall adopt legislative or other appropriate measures to prevent, to the extent possible, means of transport operated by commercial carriers from being used in the commission of offences established in accordance with article 5 of this Protocol.
         3.   Where appropriate, and without prejudice to applicable international conventions, such measures shall include establishing the obligation of commercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State.
         4.   Each State Party shall take the necessary measures, in accordance with its domestic law, to provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of this article.
         5.   Each State Party shall consider taking measures that permit, in accordance with its domestic law, the denial of entry or revocation of visas of persons implicated in the commission of offences established in accordance with this Protocol.
         6.   Without prejudice to article 27 of the Convention, States Parties shall consider strengthening cooperation among border control agencies by, inter alia, establishing and maintaining direct channels of communication.
         Article 12
         Security and control of documents
         Each State Party shall take such measures as may be necessary, within available means:

                     (a)

                     to ensure that travel or identity documents issued by it are of such quality that they cannot easily be misused and cannot readily be falsified or unlawfully altered, replicated or issued; and

                     (b)

                     to ensure the integrity and security of travel or identity documents issued by or on behalf of the State Party and to prevent their unlawful creation, issuance and use.

               Article 13
         Legitimacy and validity of documents
         At the request of another State Party, a State Party shall, in accordance with its domestic law, verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued in its name and suspected of being used for trafficking in persons.
         IV.   FINAL PROVISIONS
         Article 14
         Saving clause
         1.   Nothing in this Protocol shall affect the rights, obligations and responsibilities of States and individuals under international law, including international humanitarian law and international human rights law and, in particular, where applicable, the 1951 Convention (1) and the 1967 Protocol (2) relating to the Status of Refugees and the principle of non-refoulement as contained therein.
         2.   The measures set forth in this Protocol shall be interpreted and applied in a way that is not discriminatory to persons on the ground that they are victims of trafficking in persons. The interpretation and application of those measures shall be consistent with internationally recognised principles of non-discrimination.
         Article 15
         Settlement of disputes
         1.   States Parties shall endeavour to settle disputes concerning the interpretation or application of this Protocol through negotiation.
         2.   Any dispute between two or more States Parties concerning the interpretation or application of this Protocol that cannot be settled through negotiation within a reasonable time shall, at the request of one of those States Parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States Parties are unable to agree on the organisation of the arbitration, any one of those States Parties may refer the dispute to the International Court of Justice by request in accordance with the Statute of the Court.
         3.   Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Protocol, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a reservation.
         4.   Any State Party that has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.
         Article 16
         Signature, ratification, acceptance, approval and accession
         1.   This Protocol shall be open to all States for signature from 12 to 15 December 2000 in Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December 2002.
         2.   This Protocol shall also be open for signature by regional economic integration organisations provided that at least one member State of such organisation has signed this Protocol in accordance with paragraph 1 of this article.
         3.   This Protocol is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organisation may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done likewise. In that instrument of ratification, acceptance or approval, such organisation shall declare the extent of its competence with respect to the matters governed by this Protocol. Such organisation shall also inform the depositary of any relevant modification in the extent of its competence.
         4.   This Protocol is open for accession by any State or any regional economic integration organisation of which at least one Member State is a Party to this Protocol. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organisation shall declare the extent of its competence with respect to matters governed by this Protocol. Such organisation shall also inform the depositary of any relevant modification in the extent of its competence.
         Article 17
         Entry into force
         1.   This Protocol shall enter into force on the 90th day after the date of deposit of the 40th instrument of ratification, acceptance, approval or accession, except that it shall not enter into force before the entry into force of the Convention. For the purpose of this paragraph, any instrument deposited by a regional economic integration organisation shall not be counted as additional to those deposited by Member States of such organisation.
         2.   For each State or regional economic integration organisation ratifying, accepting, approving or acceding to this Protocol after the deposit of the 40th instrument of such action, this Protocol shall enter into force on the 30th day after the date of deposit by such State or organisation of the relevant instrument or on the date this Protocol enters into force pursuant to paragraph 1 of this article, whichever is the later.
         Article 18
         Amendment
         1.   After the expiry of five years from the entry into force of this Protocol, a State Party to the Protocol may propose an amendment and file it with the Secretary-General of the United Nations, who shall thereupon communicate the proposed amendment to the States Parties and to the Conference of the Parties to the Convention for the purpose of considering and deciding on the proposal. The States Parties to this Protocol meeting at the Conference of the Parties shall make every effort to achieve consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties to this Protocol present and voting at the meeting of the Conference of the Parties.
         2.   Regional economic integration organisations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their Member States that are Parties to this Protocol. Such organisations shall not exercise their right to vote if their Member States exercise theirs and vice versa.
         3.   An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by States Parties.
         4.   An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party 90 days after the date of the deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment.
         5.   When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Protocol and any earlier amendments that they have ratified, accepted or approved.
         Article 19
         Denunciation
         1.   A State Party may denounce this Protocol by written notification to the Secretary-General of the United Nations. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.
         2.   A regional economic integration organisation shall cease to be a Party to this Protocol when all of its Member States have denounced it.
         Article 20
         Depositary and languages
         1.   The Secretary-General of the United Nations is designated depositary of this Protocol.
         2.   The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
         IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorised thereto by their respective Governments, have signed this Protocol.

         (1)  United Nations, Treaty Series, vol. 189, No 2545.

         (2)  Ibid., vol. 606, No 8791.

      ANNEX II

         Declaration concerning the competence of the European Community with regard to matters governed by the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime
         Article 16(3) of the Protocol to prevent, suppress and punish trafficking in persons, especially women and children, provides that the instrument of ratification, acceptance or approval of a regional economic integration organisation shall contain a declaration specifying the matters governed by the Protocol in respect of which competence has been transferred to the organisation by its Member States which are Parties to the Protocol.
         The Protocol to prevent, suppress and punish trafficking in persons, especially women and children, shall apply, with regard to the competences transferred to the European Community, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, in particular Article 299 thereof and the Protocols annexed to it.
         This declaration is without prejudice to the position of the United Kingdom and Ireland under the Protocol integrating the Schengen acquis into the framework of the European Union and under the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and the Treaty establishing the European Community.
         This declaration is equally without prejudice to the position of Denmark under the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community.
         Pursuant to Article 299, this declaration is also not applicable to the territories of the Member States in which the said Treaty does not apply and is without prejudice to such acts or positions as may be adopted under the Protocol by the Member States concerned on behalf of and in the interests of those territories. In accordance with the provision referred to above, this declaration indicates the competence that the Member States have transferred to the Community under the Treaties in matters governed by the Protocol. The scope and the exercise of such Community competence are, by their nature, subject to continuous development as the Community further adopts relevant rules and regulations, and the Community will complete or amend this declaration, if necessary, in accordance with Article 16(3) of the Protocol.
         The Community points out that it has competence with regard to the crossing of external borders of the Member States, regulating standards and procedures when carrying out checks on persons at such borders and rules on visas for intended stays of no more than three months.
         The Community is also competent for measures on immigration policy regarding conditions of entry and residence and measures to counter illegal immigration and illegal residence, including repatriation of illegal residents. Moreover, it can take measures to ensure cooperation between the relevant departments of the administrations of the Member States, as well as between those departments and the Commission, in the aforementioned areas. In these fields the Community has adopted rules and regulations and, where it has done so, it is hence solely for the Community to enter into external undertakings with third States or competent international organisations.
         In addition, Community policy in the sphere of development cooperation complements policies pursued by Member States and includes provisions to prevent and combat trafficking in persons.


title: 2007/649/EC: Council Decision of 1 October 2007 appointing four Swedish members and three Swedish alternate members to the Committee of the Regions

text:
               9.10.2007

               EN

               Official Journal of the European Union

               L 262/27

      COUNCIL DECISION

   of 1 October 2007
   appointing four Swedish members and three Swedish alternate members to the Committee of the Regions
   (2007/649/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Swedish Government,
   Whereas:

               (1)

               On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               Four members’ seats on the Committee of the Regions have become vacant following changes in the mandates of Ms BESKOW, Mr JOHANSSON, Mr KNAPE and Ms STARK. Three alternate members’ seats on the Committee of the Regions have become vacant following changes in the mandates of Mr JOHNSON, Ms KARLSSON and Mr NILSSON,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

               (a)

               as members:

                           Ms Ann BESKOW, Orsa kommun, in place of Ms Ann BESKOW, Ordförande i kommunstyrelsen, Orsa kommun,

                           Mr Kent JOHANSSON, Västra Götalands läns landsting, in place of Mr Kent JOHANSSON, Regionråd, ledamot i regionstyrelsen i Västra Götalands läns landsting,

                           Mr Anders KNAPE, Karlstads kommun, in place of Mr Anders KNAPE, Kommunalråd, ledamot i kommunstyrelsen, Karlstads kommun,

                           Ms Anneli STARK, Vätra Götalands läns landsting, in place of Ms Anneli STARK, Regionråd, ledamot i regionstyrelsen i Västra Götalands läns landsting,

                     and

               (b)

               as alternate members:

                           Mr Bernth JOHNSON, Blekinge läns landsting, in place of Mr Bernth JOHNSON, Landstingsråd, ledamot i landstingsstyrelsen, Blekinge läns landsting,

                           Ms Ewa-May KARLSSON, Vindelns kommun, in place of Ms Ewa-May KARLSSON, Kommunalråd, ledamot i kommunstyrelsen, Vindelns kommun,

                           Mr Jens NILSSON, Östersunds kommun, in place of Mr Jens NILSSON, Ordförande i kommunstyrelsen, Östersunds kommun.

         Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Luxembourg, 1 October 2007.

            For the Council

            The President

         M. LINO

      (1)  OJ L 56, 25.2.2006, p. 75.


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31979D0691

79/691/EEC: Council Decision of 3 August 1979 applying Regulation (EEC) No 1736/79 on interest subsidies for certain loans granted under the European monetary system

Official Journal L 200 , 08/08/1979 P. 0018 - 0018 Greek special edition: Chapter 10 Volume 1 P. 0189

COUNCIL DECISION  of 3 August 1979  applying Regulation (EEC) No 1736/79 on interest subsidies for certain loans granted under the European monetary system  (79/691/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 1736/79 of 3 August 1979 on interest subsidies for certain loans granted under the European monetary system (1), and in particular Article 2 thereof,  Having regard to the proposal from the Commission,  Whereas Article 2 of Council Regulation (EEC) No 1736/79 lays down that the Council shall designate the Member State or States eligible to benefit from the measures set out in that Regulation;  Whereas Article 1 of Council Regulation (EEC) No 1736/79 requires that in order to be so designated Member States must at the same time effectively and fully participate in the mechanisms of the European monetary system and be considered as less prosperous;  Whereas Ireland and the Italian Republic fulfil this double condition,  HAS DECIDED:    Sole Article  Ireland and Italy shall benefit from the measures set out in Regulation (EEC) No 1736/79.   Done at Brussels, 3 August 1979.  For the Council  The President  M. O'KENNEDY  (1)See page 1 of this Official Journal.


title: Decision (EU) 2017/1663 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/215

         DECISION (EU) 2017/1663 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Environment Agency for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Environment Agency for the financial year 2015, together with the Agency's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0052/2017),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (4), and in particular Article 13 thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5), and in particular Article 108 thereof,

               —

               having regard to Rule 94 of and Annex IV to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0085/2017),

               1.

               Grants the Executive Director of the European Environment Agency discharge in respect of the implementation of the Agency's budget for the financial year 2015;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Environment Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 87.

      (2)  See footnote 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 126, 21.5.2009, p. 13.

      (5)  OJ L 328, 7.12.2013, p. 42.


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31982D0821

82/821/EEC: Council Decision of 15 November 1982 concluding an agreement based on negotiations between Norway and the European Economic Community on trade in cheese

Official Journal L 345 , 06/12/1982 P. 0024

++++COUNCIL DECISION  OF 15 NOVEMBER 1982  CONCLUDING AN AGREEMENT BASED ON NEGOTIATIONS BETWEEN NORWAY AND THE EUROPEAN ECONOMIC COMMUNITY ON TRADE IN CHEESE   ( 82/821/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,  HAVING REGARD TO THE RECOMMENDATION FROM THE COMMISSION ,  WHEREAS THE COMMISSION , AS AUTHORIZED BY THE COUNCIL ON 16 DECEMBER 1980 , HAS HELD NEGOTIATIONS WITH NORWAY ON TRADE IN CHEESE AND HAS REACHED A SATISFACTORY RECIPROCAL AGREEMENT WITH THAT COUNTRY ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE AGREEMENT BETWEEN NORWAY AND THE EUROPEAN ECONOMIC COMMUNITY COMPRISING :   - A TEMPORARY ARRANGEMENT BETWEEN NORWAY AND THE EUROPEAN ECONOMIC COMMUNITY ON JOINT DISCIPLINE IN THEIR TRADE IN CHEESE ,   - AN EXCHANGE OF LETTERS CONCERNING WAIVER OF THE MONETARY COMPENSATORY AMOUNT ON IMPORTATION , INTO THE COMMUNITY , OF JARLSBERG CHEESE ,  IS HEREBY APPROVED ON BEHALF OF THE COMMUNITY .  THE TEXT OF THE AGREEMENT IS ATTACHED TO THIS DECISION .  ARTICLE 2  THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSON EMPOWERED TO SIGN THE AGREEMENT IN ORDER TO BIND THE COMMUNITY .  DONE AT BRUSSELS , 15 NOVEMBER 1982 .  FOR THE COUNCIL  THE PRESIDENT  N . A . KOFOED