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31981D0691

81/691/EEC: Council Decision of 4 September 1981 on the conclusion of the Convention on the conservation of Antarctic marine living resources

Official Journal L 252 , 05/09/1981 P. 0026 - 0035 Finnish special edition: Chapter 11 Volume 10 P. 0027  Spanish special edition: Chapter 04 Volume 1 P. 0175  Swedish special edition: Chapter 11 Volume 10 P. 0027  Portuguese special edition Chapter 04 Volume 1 P. 0175

COUNCIL DECISION of 4 September 1981 on the conclusion of the Convention on the conservation of Antarctic marine living resources (81/691/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas the fragile ecological balance of the Antarctic Ocean requires international regulation of the management and conservation of the marine living resources thereof;  Whereas, to this end, an International Convention on the conservation of Antarctic marine living resources, hereinafter referred to as "the Convention", has been drawn up at the diplomatic conference held in Canberra in May 1980 in which the Community participated;  Whereas the Convention will enter into force on the 30th day following the date of deposit of the eighth instrument of ratification ; whereas, after the entry into force of the Convention, the Community may accede thereto;  Whereas, in order to contribute to the conservation of the resources in the area covered by the Convention and in which Community fishermen carry on their activities, it is necessary for the Community to accede to the Convention,  HAS DECIDED AS FOLLOWS:    Article 1 The Convention on the conservation of Antarctic marine living resources is hereby approved on behalf of the European Economic Community.  The text of the Convention is annexed to this Decision.   Article 2 The President of the Council shall deposit the instrument of approval with the Australian Government, in accordance with Article XXVIII of the Convention (3).   Article 3 This Decision shall be published in the Official Journal of the European Communities.     Done at Brussels, 4 September 1981.  For the Council  The President  P. WALKER  (1) OJ No C 317, 4.12.1980, p. 4. (2) OJ No C 101, 4.5.1981, p. 116. (3) The date of entry into force of the Convention with respect to the Community will be published in the Official Journal of the European Communities by the General Secretariat of the Council.           CONVENTION ON THE CONSERVATION OF ANTARCTIC MARINE LIVING RESOURCES    THE CONTRACTING PARTIES,  RECOGNIZING the importance of safeguarding the environment and protecting the integrity of the ecosystem of the seas surrounding Antarctica;  NOTING the concentration of marine living resources found in Antarctic waters and the increased interest in the possibilities offered by the utilization of these resources as a source of protein;  CONSCIOUS of the urgency of ensuring the conservation of Antarctic marine living resources;  CONSIDERING that it is essential to increase knowledge of the Antarctic marine ecosystem and its components so as to be able to base decisions on harvesting on sound scientific information;  BELIEVING that the conservation of Antarctic marine living resources calls for international cooperation with due regard for the provisions of the Antarctic Treaty and with the active involvement of all States engaged in research or harvesting activities in Antarctic waters;  RECOGNIZING the prime responsibilities of the Antarctic Treaty Consultative Parties for the protection and preservation of the Antarctic environment and, in particular, their responsibilities under Article IX, paragraph 1 (f) of the Antarctic Treaty in respect of the preservation and conservation of living resources in Antarctica;  RECALLING the action already taken by the Antarctic Treaty Consultative Parties including, in particular, the agreed measures for the conservation of Antarctic fauna and flora, as well as the provisions of the Convention for the conservation of Antarctic seals;  BEARING in mind the concern regarding the conservation of Antarctic marine living resources expressed by the consultative parties at the ninth consultative meeting of the Antarctic Treaty and the importance of the provisions of recommendation IX-2 which led to the establishment of the present Convention;  BELIEVING that it is in the interest of all mankind to preserve the waters surrounding the Antarctic continent for peaceful purposes only and to prevent their becoming the scene or object of international discord;  RECOGNIZING, in the light of the foregoing, that it is desirable to establish suitable machinery for recommending, promoting, deciding upon and coordinating the measures and scientific studies needed to ensure the conservation of Antarctic marine living organisms,  HAVE AGREED AS FOLLOWS:    Article I 1. This Convention applies to the Antarctic marine living resources of the area south of 60º South latitude and to the Antarctic marine living resources of the area between that latitude and the Antarctic Convergence which form part of the Antarctic marine ecosystem.  2. Antarctic marine living resources means the populations of fin fish, molluscs, crustaceans and all other species of living organisms, including birds, found south of the Antarctic.  3. The Antarctic marine ecosystem means the complex of relationships of Antarctic marine living resources with each other and with their physical environment.   4. The Antarctic Convergence shall be deemed to be a line joining the following points along parallels of latitude and meridians of longitude:  50ºS,0º ; 50ºS,30ºE ; 45ºS,30ºE ; 45ºS,80ºE ; 55ºS, 80ºE ; 55ºS,150ºE ; 60ºS,150ºE ; 60ºS,50ºW ; 50ºS, 50ºW ; 50ºS,0º.   Article II 1. The objective of this Convention is the conservation of Antarctic marine living resources.  2. For the purposes of this Convention, the term "conservation" includes rational use.  3. Any harvesting and associated activities in the area to which this Convention applies shall be conducted in accordance with the provisions of this Convention and with the following principles of conservation:  (a) prevention of decrease in the size of any harvested population to levels below those which ensure its stable recruitment. For this purpose its size should not be allowed to fall below a level close to that which ensures the greatest net annual increment;   (b) maintenance of the ecological relationships between harvested, dependent and related populations of Antarctic marine living resources and the restoration of depleted populations to the levels defined in subparagraph (a) above ; and   (c) prevention of changes or minimization of the risk of changes in the marine ecosystem which are not potentially reversible over two or three decades, taking into account the state of available knowledge of the direct and indirect impact of harvesting, the effect of the introduction of alien species, the effects of associated activities on the marine ecosystem and of the effects of environmental changes, with the aim of making possible the sustained conservation of Antarctic marine living resources.      Article III The Contracting Parties, whether or not they are Parties to the Antarctic Treaty, agree that they will not engage in any activities in the Antarctic Treaty area contrary to the principles and purposes of that Treaty and that, in their relations with each other, they are bound by the obligations contained in Articles I and V of the Antarctic Treaty.   Article IV 1. With respect to the Antarctic Treaty area, all Contracting Parties, whether or not they are Parties to the Antarctic Treaty, are bound by Articles IV and VI of the Antarctic Treaty in their relations with each other.  2. Nothing in this Convention and no acts or activities taking place while the present Convention is in force shall:  (a) constitute a basis for asserting, supporting or denying a claim to territorial sovereignty in the Antarctic Treaty area or create any rights of sovereignty in the Antarctic Treaty area;   (b) be interpreted as a renunciation or diminution by any Contracting Party of, or as prejudicing, any right or claim or basis of claim to exercise coastal State jurisdiction under international law within the area to which this Convention applies;   (c) be interpreted as prejudicing the position of any Contracting Party as regards its recognition or non-recognition of any such right, claim or basis of claim;   (d) affect the provision of Article IV, paragraph 2, of the Antarctic Treaty that no new claim, or enlargement of an existing claim, to territorial sovereignty in Antarctica shall be asserted while the Antarctic Treaty is in force.      Article V 1. The Contracting Parties which are not Parties to the Antarctic Treaty acknowledge the special obligations and responsibilities of the Antarctic Treaty Consultative Parties for the protection and preservation of the environment of the Antarctic Treaty area.  2. The Contracting Parties which are not Parties to the Antarctic Treaty agree that, in their activities in the Antarctic Treaty area, they will observe as and when appropriate the agreed measures for the conservation of Antarctic fauna and flora and such other measures as have been recommended by the Antarctic Treaty Consultative Parties in fulfilment of their responsibility for the protection of the Antarctic environment from all forms of harmful human interference.  3. For the purposes of this Convention, "Antarctic Treaty Consultative Parties" means the Contracting Parties to the Antarctic Treaty whose representatives participate in meetings under Article IX of the Antarctic Treaty.    Article VI Nothing in this Convention shall derogate from the rights and obligations of Contracting Parties under the International Convention for the regulation of whaling and the Convention for the conservation of Antarctic seals.   Article VII 1. The Contracting Parties hereby establish and agree to maintain the Commission for the conservation of Antarctic marine living resources (hereinafter referred to as "the Commission").  2. Membership in the Commission shall be as follows:  (a) each Contracting Party which participated in the meeting at which this Convention was adopted shall be a member of the Commission;   (b) each State Party which has acceded to this Convention pursuant to Article XXIX shall be entitled to be a member of the Commission during such time as that acceding Party is engaged in research or harvesting activities in relation to the marine living resources to which this Convention applies;   (c) each regional economic integration organization which has acceded to this Convention pursuant to Article XXIX shall be entitled to be a member of the Commission during such time as its States members are so entitled;   (d) a Contracting Party seeking to participate in the work of the Commission pursuant to subparagraphs (b) and (c) above shall notify the Depositary of the basis upon which it seeks to become a member of the Commission and of its willingness to accept conservation measures in force. The Depositary shall communicate to each member of the Commission such notification and accompanying information. Within two months of receipt of such communication from the Depositary, any member of the Commission may request that a special meeting of the Commission be held to consider the matter. Upon receipt of such request, the Depositary shall call such a meeting. If there is no request for a meeting, the Contracting Party submitting the notification shall be deemed to have satisfied the requirements for Commission membership.     3. Each member of the Commission shall be represented by one representative who may be accompanied by alternate representatives and advisers.   Article VIII The Commission shall have legal personality and shall enjoy in the territory of each of the States Parties such legal capacity as may be necessary to perform its function and achieve the purposes of this Convention. The privileges and immunities to be enjoyed by the Commission and its staff in the territory of a State Party shall be determined by agreement between the Commission and the State Party concerned.   Article IX 1. The function of the Commission shall be to give effect to the objective and principles set out in Article II of this Convention. To this end, it shall:  (a) facilitate research into and comprehensive studies of Antarctic marine living resources and of the Antarctic marine ecosystem;   (b) compile data on the status of and changes in population of Antarctic marine living resources and on factors affecting the distribution, abundance and productivity of harvested species and dependent or related species or populations;   (c) ensure the acquisition of catch and effort statistics on harvested populations;   (d) analyze, disseminate and publish the information referred to in subparagraphs (b) and (c) above and the reports of the Scientific Committee;   (e) identify conservation needs and analyze the effectiveness of conservation measures;   (f) formulate, adopt and revise conservation measures on the basis of the best scientific evidence available, subject to the provisions of paragraph 5 of this Article;   (g) implement the system of observation and inspection established under Article XXIV of this Convention;   (h) carry out such other activities as are necessary to fulfil the objective of this Convention.     2. The conservation measures referred to in paragraph 1 (f) above include the following:  (a) the designation of the quantity of any species which may be harvested in the area to which this Convention applies;   (b) the designation of regions and sub-regions based on the distribution of populations of Antarctic marine living resources;    (c) the designation of the quantity which may be harvested from the populations of regions and sub-regions;   (d) the designation of protected species;   (e) the designation of the size, age and, as appropriate, sex of species which may be harvested;   (f) the designation of open and closed seasons for harvesting;   (g) the designation of the opening and closing of areas, regions or sub-regions for purposes of scientific study or conservation, including special areas for protection and scientific study;   (h) regulation of the effort employed and methods of harvesting, including fishing gear, with a view inter alia to avoiding undue concentration of harvesting in any region or sub-region;   (i) the taking of such other conservation measures as the Commission considers necessary for the fulfilment of the objective of this Convention, including measures concerning the effects of harvesting and associated activities on components of the marine ecosystem other than the harvested populations.     3. The Commission shall publish and maintain a record of all conservation measures in force.  4. In exercising its functions under paragraph 1 above, the Commission shall take full account of the recommendations and advice of the Scientific Committee.  5. The Commission shall take full account of any relevant measures or regulations established or recommended by the consultative meetings pursuant to Article IX of the Antarctic Treaty or by existing fisheries commissions responsible for species which may enter the area to which this Convention applies, in order that there shall be no inconsistency between the rights and obligations of a Contracting Party under such regulations or measures and conservation measures which may be adopted by the Commission.  6. Conservation measures adopted by the Commission in accordance with this Convention shall be implemented by members of the Commission in the following manner:  (a) the Commission shall notify conservation measures to all members of the Commission;   (b) conservation measures shall become binding upon all members of the Commission 180 days after such notification, except as provided in subparagraphs (c) and (d) below;   (c) if a member of the Commission, within 90 days following the notification specified in subparagraph (a), notifies the Commission that it is unable to accept the conservation measure, in whole or in part, the measure shall not, to the extent stated, be binding upon that member of the Commission;   (d) in the event that any member of the Commission invokes the procedure set forth in subparagraph (c) above, the Commission shall meet at the request of any member of the Commission to review the conservation measure. At the time of such meeting and within 30 days following the meeting, any member of the Commission shall have the right to declare that it is no longer able to accept the conservation measure, in which case the member shall no longer be bound by such measure.      Article X 1. The Commission shall draw the attention of any State which is not a Party to this Convention to any activity undertaken by its nationals or vessels which, in the opinion of the Commission, affects the implementation of the objective of this Convention.  2. The Commission shall draw the attention of all Contracting Parties to any activity which, in the opinion of the Commission, affects the implementation by a Contracting Party of the objective of this Convention or the compliance by that Contracting Party with its obligations under this Convention.   Article XI The Commission shall seek to cooperate with Contracting Parties which may exercise jurisdiction in marine areas adjacent to the area to which this Convention applies in respect of the conservation of any stock or stocks of associated species which occur both within those areas and the area to which this Convention applies, with a view to harmonizing the conservation measures adopted in respect of such stocks.   Article XII 1. Decisions of the Commission on matters of substance shall be taken by consensus. The question of whether a matter is one of substance shall be treated as a matter of substance.  2. Decisions on matters other than those referred to in paragraph 1 above shall be taken by a simple majority of the members of the Commission present and voting.  3. In Commission consideration of any item requiring a decision, it shall be made clear whether a regional economic integration organization will participate in the taking of the decision and, if so, whether any of its member States will also participate. The number of Contracting Parties so participating shall not exceed the number of member States of the regional economic integration organization which are members of the Commission.   4. In the taking of decisions pursuant to this Article, a regional economic integration organization shall have only one vote.   Article XIII 1. The headquarters of the Commission shall be established at Hobart, Tasmania, Australia.  2. The Commission shall hold a regular annual meeting. Other meetings shall also be held at the request of one-third of its members and as otherwise provided in this Convention. The first meeting of the Commission shall be held within three months of the entry into force of this Convention, provided that among the Contracting Parties there are at least two States conducting harvesting activities within the area to which this Convention applies. The first meeting shall, in any event, be held within one year of the entry into force of this Convention. The Depositary shall consult with the signatory States regarding the first Commission meeting, taking into account that a broad representation of such States is necessary for the effective operation of the Commission.  3. The Depositary shall convene the first meeting of the Commission at the headquarters of the Commission. Thereafter, meetings of the Commission shall be held at its headquarters, unless it decides otherwise.  4. The Commission shall elect from among its members a chairman and vice-chairman, each of whom shall serve for a term of two years and shall be eligible for re-election for one additional term. The first chairman shall, however, be elected for an initial term of three years. The chairman and vice-chairman shall not be representatives of the same Contracting Party.  5. The Commission shall adopt and amend as necessary the rules of procedure for the conduct of its meetings, except with respect to the matters dealt with in Article XII of this Convention.  6. The Commission may establish such subsidiary bodies as are necessary for the performance of its functions.   Article XIV 1. The Contracting Parties hereby establish the Scientific Committee for the Conservation of Antarctic Marine Living Resources (hereinafter referred to as "the Scientific Committee") which shall be a consultative body to the Commission. The Scientific Committee shall normally meet at the headquarters of the Commission unless the Scientific Committee decides otherwise.  2. Each member of the Commission shall be a member of the Scientific Committee and shall appoint a representative with suitable scientific qualifications who may be accompanied by other experts and advisers.  3. The Scientific Committee may seek the advice of other scientists and experts as may be required on an ad hoc basis.   Article XV 1. The Scientific Committee shall provide a forum for consultation and cooperation concerning the collection, study and exchange of information with respect to the marine living resources to which this Convention applies. It shall encourage and promote cooperation in the field of scientific research in order to extend knowledge of the marine living resources of the Antarctic marine ecosystem.  2. The Scientific Committee shall conduct such activities as the Commission may direct in pursuance of the objective of this Convention and shall:  (a) establish criteria and methods to be used for determinations concerning the conservation measures referred to in Article IX of this Convention;   (b) regularly assess the status and trends of the populations of Antarctic marine living resources;   (c) analyze data concerning the direct and indirect effects of harvesting on the populations of Antarctic marine living resources;   (d) assess the effects of proposed changes in the methods or levels of harvesting and proposed conservation measures;   (e) transmit assessments, analyses, reports and recommendations to the Commission as requested or on its own initiative regarding measures and research to implement the objective of this Convention;   (f) formulate proposals for the conduct of international and national programs of research into Antarctic marine living resources.     3. In carrying out its functions, the Scientific Committee shall have regard to the work of other relevant technical and scientific organizations and to the scientific activities conducted within the framework of the Antarctic Treaty.    Article XVI 1. The first meeting of the Scientific Committee shall be held within three months of the first meeting of the Commission. The Scientific Committee shall meet thereafter as often as may be necessary to fulfil its functions.  2. The Scientific Committee shall adopt and amend as necessary its rules of procedure. The rules and any amendments thereto shall be approved by the Commission. The rules shall include procedures for the presentation of minority reports.  3. The Scientific Committee may establish with the approval of the Commission, such subsidiary bodies as are necessary for the performance of its functions.   Article XVII 1. The Commission shall appoint an executive secretary to serve the Commission and Scientific Committee according to such procedures and on such terms and conditions as the Commission may determine. His term of office shall be for four years and he shall be eligible for reappontment.  2. The Commission shall authorize such staff establishment for the secretariat as may be necessary and the executive secretary shall appoint, direct and supervize such staff according to such rules and procedures and on such terms and conditions as the Commission may determine.  3. The executive secretary and secretariat shall perform the functions entrusted to them by the Commission.   Article XVIII The official languages of the Commission and of the Scientific Committee shall be English, French, Russian and Spanish.   Article XIX 1. At each annual meeting, the Commission shall adopt by consensus its budget and the budget of the Scientific Committee.  2. A draft budget for the Commission and the Scientific Committee and any subsidiary bodies shall be prepared by the executive secretary and submitted to the members of the Commission at least 60 days before the annual meeting of the Commission.  3. Each member of the Commission shall contribute to the budget. Until the expiration of five years after the entry into force of this Convention, the contribution of each member of the Commission shall be equal. Thereafter the contribution shall be determined in accordance with two criteria : the amount harvested and an equal sharing among all members of the Commission. The Commission shall determine by consensus the proportion in which these two criteria shall apply.  4. The financial activities of the Commission and Scientific Committee shall be conducted in accordance with financial regulations adopted by the Commission and shall be subject to an annual audit by external auditors selected by the Commission.  5. Each member of the Commission shall meet its own expenses arising from attendance at meetings of the Commission and of the Scientific Committee.  6. A member of the Commission that fails to pay its contributions for two consecutive years shall not, during the period of its default, have the right to participate in the taking of decisions in the Commission.   Article XX 1. The members of the Commission shall, to the greatest extent possible, provide annually to the Commission and to the Scientific Committee such statistical, biological and other data and information as the Commission and Scientific Committee may require in the exercise of their functions.  2. The members of the Commission shall provide, in the manner and at such intervals as may be prescribed, information about their harvesting activities, including fishing areas and vessels, so as to enable reliable catch and effort statistics to be compiled.  3. The members of the Commission shall provide to the Commission at such intervals as may be prescribed information on steps taken to implement the conservation measures adopted by the Commission.  4. The members of the Commission agree that in any of their harvesting activities, advantage shall be taken of opportunities to collect data needed to assess the impact of harvesting.   Article XXI 1. Each Contracting Party shall take appropriate measures within its competence to ensure compliance with the provisions of this Convention and with conservation measures adopted by the Commission to which the Party is bound in accordance with Article IX of this Convention.  2. Each Contracting Party shall transmit to the Commission information on measures taken pursuant to paragraph 1 above, including the imposition of sanctions for any violation.    Article XXII 1. Each Contracting Party undertakes to exert appropriate efforts, consistent with the Charter of the United Nations, to the end that no one engages in any activity contrary to the objective of this Convention.  2. Each Contracting Party shall notify the Commission of any such activity which comes to its attention.   Article XXIII 1. The Commission and the Scientific Committee shall cooperate with the Antarctic Treaty Consultative Parties on matters falling within the competence of the latter.  2. The Commission and the Scientific Committee shall cooperate, as appropriate, with the Food and Agriculture Organization of the United Nations and with other specialized agencies.  3. The Commission and the Scientific Committee shall seek to develop cooperative working relationships, as appropriate, with inter-governmental and non-governmental organizations which could contribute to their work, including the Scientific Committee on Antarctic Research, the Scientific Committee on Oceanic Research and the International Whaling Commission.  4. The Commission may enter into agreements with the organizations referred to in this Article and with other organizations as may be appropriate. The Commission and the Scientific Committee may invite such organizations to send observers to their meetings and to meetings of their subsidiary bodies.   Article XXIV 1. In order to promote the objective and ensure observance of the provisions of this Convention, the Contracting Parties agree that a system of observation and inspection shall be established.  2. The system of observation and inspection shall be elaborated by the Commission on the basis of the following principles:  (a) Contracting Parties shall cooperate with each other to ensure the effective implementation of the system of observation and inspection, taking account of the existing international practice. This system shall include inter alia procedures for boarding and inspection by observers and inspectors designated by the members of the Commission and procedures for flag-State prosecution and sanctions on the basis of evidence resulting from such boarding and inspections. A report of such prosecutions and sanctions imposed shall be included in the information referred to in Article XXI of this Convention;   (b) in order to verify compliance with measures adopted under this Convention, observation and inspection shall be carried out on board vessels engaged in scientific research or harvesting of marine living resources in the area to which this Convention applies, through observers and inspectors designated by the members of the Commission and operating under terms and conditions to be established by the Commission;   (c) designated observers and inspectors shall remain subject to the jurisdiction of the Contracting Party of which they are nationals. They shall report to the member of the Commission by which they have been designated which in turn shall report to the Commission.     3. Pending the establishment of the system of observation and inspection, the members of the Commission shall seek to establish interim arrangements to designate observers and inspectors and such designated observers and inspectors shall be entitled to carry out inspections in accordance with the principles set out in paragraph 2 above.   Article XXV 1. If any dispute arises between two or more of the Contracting Parties concerning the interpretation or application of this Convention, those Contracting Parties shall consult among themselves with a view to having the dispute resolved by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice.  2. Any dispute of this character not so resolved shall, with the consent in each case of all Parties to the dispute, be referred for settlement to the International Court of Justice or to arbitration ; but failure to reach agreement on reference to the International Court or to arbitration shall not absolve Parties to the dispute from the responsibility of continuing to seek to resolve it by any of the various peaceful means referred to in paragraph 1 above.  3. In cases where the dispute is referred to arbitration the arbitral tribunal shall be constituted as provided in the Annex to this Convention.   Article XXVI 1. This Convention shall be open for signature at Canberra from 1 August to 31 December 1980 by the States participating in the Conference on the conservation of Antarctic marine living resources held at Canberra from 7 to 20 May 1980.  2. The States which so sign will be the original signatory States of the Convention.    Article XXVII 1. This Convention is subject to ratification, acceptance or approval by signatory States.  2. Instruments of ratification, acceptance or approval shall be deposited with the Government of Australia, hereby designated as the Depositary.   Article XXVIII 1. This Convention shall enter into force on the 30th day following the date of deposit of the eighth instrument of ratification, acceptance or approval by States referred to in paragraph 1 of Article XXVI of this Convention.  2. With respect to each State or regional economic integration organization which subsequent to the date of entry into force of this Convention deposits an instrument of ratification, acceptance, approval or accession, the Convention shall enter into force on the 30th day following such deposit.   Article XXIX 1. This Convention shall be open for accession by any State interested in research or harvesting activities in relation to the marine living resources to which this Convention applies.  2. This Convention shall be open for accession by regional economic integration organizations constituted by sovereign States which include among their members one or more States members of the Commission and to which the States members of the organization have transferred in whole or in part, competences with regard to the matters covered by this Convention. The accession of such regional economic integration organizations shall be the subject of consultations among members of the Commission.   Article XXX 1. This Convention may be amended at any time.  2. If one-third of the members of the Commission request a meeting to discuss a proposed amendement, the Depositary shall call such a meeting.  3. An amendment shall enter into force when the Depositary has received instruments of ratification, acceptance or approval thereof from all the members of the Commission.  4. Such amendment shall thereafter enter into force as to any other Contracting Party when notice of ratification, acceptance or approval by it has been received by the Depositary. Any such Contracting Party from which no such notice has been received within a period of one year from the date of entry into force of the amendment in accordance with paragraph 3 above shall be deemed to have withdrawn from this Convention.   Article XXXI 1. Any Contracting Party may withdraw from this Convention on 30 June of any year, by giving written notice not later than 1 January of the same year to the Depositary, which, upon receipt of such a notice, shall communicate it forthwith to the other Contracting Parties.  2. Any other Contracting Party may, within 60 days of the receipt of a copy of such a notice from the Depositary, give written notice of withdrawal to the Depositary in which case the Convention shall cease to be in force on 30 June of the same year with respect to the Contracting Party giving such notice.  3. Withdrawal from this Convention by any Member of the Commission shall not affect its financial obligations under this Convention.   Article XXXII The Depositary shall notify all Contracting Parties of the following:  (a) signatures of this Convention and the deposit of instruments of ratification, acceptance, approval or accession;   (b) the date of entry into force of this Convention and of any amendment thereto.      Article XXXIII 1. This Convention, of which the English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Government of Australia which shall transmit duly certified copies thereof to all signatory and acceding Parties.  2. This Convention shall be registered by the Depositary pursuant to Article 102 of the Charter of the United Nations.        In witness whereof the undersigned, being duly authorized, have signed this Convention. Drawn up at Canberra this 20th day of May 1980.       ANNEX ARBITRAL TRIBUNAL  The arbitral tribunal referred to in paragraph 3 of Article XXV shall be composed of three arbitrators who shall be appointed as follows:  The Party commencing proceedings shall communicate the name of an arbitrator to the other Party which, in turn, within a period of 40 days following such notification, shall communicate the name of the second arbitrator. The Parties shall, within a period of 60 days following the appointment of the second arbitrator, appoint the third arbitrator, who shall not be a national of either Party and shall not be of the same nationality as either of the first two arbitrators. The third arbitrator shall preside over the tribunal.  If the second arbitrator has not been appointed within the prescribed period, or if the Parties have not reached agreement within the prescribed period on the appointment of the third arbitrator, that arbitrator shall be appointed, at the request of either Party, by the Secretary-General of the Permanent Court of Arbitration, from among persons of international standing not having the nationality of a State which is a Party to this Convention.  The arbitral tribunal shall decide where its headquarters will be located and shall adopt its own rules of procedure.  The award of the arbitral tribunal shall be made by a majority of its members, who may not abstain from voting.  Any Contracting Party which is not a Party to the dispute may intervene in the proceedings with the consent of the arbitral tribunal.  The award of the arbitral tribunal shall be final and binding on all Parties to the dispute and on any Party which intervenes in the proceedings and shall be complied with without delay. The arbitral tribunal shall interpret the award at the request of one of the Parties to the dispute or of any intervening Party.  Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the Parties to the dispute in equal shares.


title: 2006/819/EC: Decision of the European Parliament of 27 April 2006 on closing the accounts for implementation of the budget of the sixth, seventh, eighth and ninth European Development Funds for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/53

         DECISION OF THE EUROPEAN PARLIAMENT
   of 27 April 2006
   on closing the accounts for implementation of the budget of the sixth, seventh, eighth and ninth European Development Funds for the financial year 2004
   (2006/819/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the Commission's report on the follow-up to 2003 Discharge Decisions (COM(2005)0449),

               —

               having regard to the Commission communication on the Annual accounts for the financial year 2004 of the 6th, 7th, 8th and 9th European Development Funds (COM(2005)0485 — C6-0430/2005),

               —

               having regard to the Commission communication on the Financial Management Report on the 6th, 7th, 8th and 9th European Development Funds for the year 2004 (COM(2005)0307),

               —

               having regard to the Court of Auditors' Annual Report on the activities funded by the sixth, seventh, eighth and ninth European Development Funds (EDFs), together with the institutions' replies (1),

               —

               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 (2),

               —

               having regard to Court of Auditors' Special report No 2/2005 concerning EDF budget aid to ACP countries: the Commission's management of the public finance reform aspect, together with the Commission's replies (3) (submitted pursuant to Article 248(4), second subparagraph, of the EC Treaty),

               —

               having regard to the Council's recommendations of 22 February 2006 (5677/2006 — C6-0094/2006, 5679/2006 — C6-0095/2006, 5680/2006 — C6-0096/2006, 5681/2006 — C6-0097/2006),

               —

               having regard to Article 33 of the Internal Agreement of 20 December 1995 between the representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (4),

               —

               having regard to Article 32 of the Internal Agreement of 18 September 2000 between Representatives of the Governments of the Member States, meeting within the Council, on the Financing and Administration of Community Aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (5),

               —

               having regard to Article 276 of the EC Treaty,

               —

               having regard to Article 74 of the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (6),

               —

               having regard to Article 119 of the Financial Regulation of 27 March 2003 applicable to the 9th European Development Fund (7),

               —

               having regard to Rule 70 and the third indent of Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development (A6-0110/2006),

               1.

               Notes that the financial situation of the sixth, seventh, eighth and ninth European Development Funds (EDF) as at 31 December 2004 was as follows:
               Cumulative utilisation of EDF resources as at 31 December 2004

                           (EUR million)

                              Situation at end of 2003
                               (10)

                              Budgetary implementation during the financial year 2004
                               (10)

                              Situation at end of 2004
                               (10)

                           Global amount

                           Implementation rate %  (9)

                           6th

                           EDF

                           7th

                           EDF

                           8th

                           EDF

                           9th

                           EDF

                           Global amount

                           6th

                           EDF

                           7th

                           EDF

                           8th

                           EDF

                           9th

                           EDF

                           Global amount  (10)

                           Implementation rate %  (9)

                                       A —

                                       RESOURCES
                                        (8)

                              43 408,7

                           -32,2

                           -58,4

                           - 172,3

                           656,0

                              393,1

                              7 439,4

                              10 867,7

                              11 590,6

                              13 904,1

                              43 801,8

                           B —   UTILISATION

                                       1.

                                       Financial commitments

                              33 317,0

                              76,8

                              -32,2

                              -58,4

                              - 172,3

                              2 638,1

                              2 375,2

                              7 439,4

                              10 867,7

                              11 590,6

                              5 794,5

                              35 692,2

                              81,5

                                       2.

                                       Individual legal commitments

                              27 566,9

                              63,5

                              28,7

                              121,4

                              848,7

                              1 747,5

                              2 746,3

                              7 378,3

                              10 418,5

                              9 775,2

                              2 741,2

                              30 313,2

                              69,2

                                       3.

                                          Payments  (9)

                              23 504,1

                              54,1

                              30,0

                              244,5

                              1 191,9

                              947,6

                              2 413,9

                              7 312,1

                              9 849,6

                              7 531,1

                              1 225,2

                              25 918,0

                              59,2

                                       C —

                                          Outstanding payments (B1-B3)

                              9 812,9

                              22,6

                              127,3

                              1 018,1

                              4 059,5

                              4 569,3

                              9 774,1

                              22,3

                                       D —

                                          Available balance (A-B1)

                              10 091,7

                              23,2

                              0,0

                              0,0

                              0,0

                              8 109,6

                              8 109,6

                              18,5

                              Source: Court of Auditors, Annual Report on the activities funded by the sixth, seventh, eighth and ninth European Development Funds (EDFs) in the financial year 2004 (OJ C 301, 30.11.2005, p. 257).

               2.

               Approves closing the accounts for implementation of the budget of the sixth, seventh, eighth and ninth EDF for the financial year 2004;

               3.

               Instructs its President to forward this decision to the Council, the Commission, the Court of Auditors and the European Investment Bank and to have it published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 301, 30.11.2005, p. 249.

      (2)  OJ C 301, 30.11.2005, p. 261.

      (3)  OJ C 249, 7.10.2005, p. 1.

      (4)  OJ L 156, 29.5.1998, p. 108.

      (5)  OJ L 317, 15.12.2000, p. 355.

      (6)  OJ L 191, 7.7.1998, p. 53.

      (7)  OJ L 83, 1.4.2003, p. 1.

      (8)  Initial allocations to the 6th, 7th, 8th and 9th EDFs, interest, sundry resources and transfers from previous EDFs.

      (9)  As a percentage of resources

      (10)  With a view to ensuring consistency with the financial statements and budget implementation statements drawn up by the Commission, these figures do not include operations now managed autonomously by the EIB (at end of 2003: resources: € 2 245 million; financial commitments: € 366 million; individual legal commitments: € 140 million; payments: € 4 million).

      Source: Court of Auditors, Annual Report on the activities funded by the sixth, seventh, eighth and ninth European Development Funds (EDFs) in the financial year 2004 (OJ C 301, 30.11.2005, p. 257).
    ---documentbreak---

               6.12.2006

               EN

               Official Journal of the European Union

               L 340/56

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   with comments forming an integral part of the decision on the discharge for implementation of the budget of the sixth, seventh, eighth and ninth European Development Funds for the financial year 2004
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the Commission's report on the follow-up to 2003 Discharge Decisions (COM(2005)0449),

               —

               having regard to the Commission communication on the Annual accounts for the financial year 2004 of the 6th, 7th, 8th and 9th European Development Funds (COM(2005)0485 — C6-0430/2005),

               —

               having regard to the Commission communication on the Financial Management Report on the 6th, 7th, 8th and 9th European Development Funds for the year 2004 (COM(2005)0307),

               —

               having regard to the Court of Auditors' Annual Report on the activities funded by the sixth, seventh, eighth and ninth European Development Funds (EDFs), together with the institutions' replies (1),

               —

               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 (2),

               —

               having regard to Court of Auditors' Special report No 2/2005 concerning EDF budget aid to ACP countries: the Commission's management of the public finance reform aspect, together with the Commission's replies (3) (submitted pursuant to Article 248(4), second subparagraph, of the EC Treaty),

               —

               having regard to the 2005 United Nations Millennium Development Goals Report (4),

               —

               having regard to its resolution of 1 March 2001 on the Commission communication to the Council and the European Parliament on the European Community's Development Policy (5),

               —

               having regard to its resolution of 9 March 2005 on the work of the ACP-EU Joint Parliamentary Assembly in 2004 (6),

               —

               having regard to its resolution of 8 June 2005 on Policy Challenges and Budgetary Means of the enlarged Union 2007-2013 (7),

               —

               having regard to its resolution of 17 November 2005 on a development strategy for Africa (8),

               —

               having regard to the EuropeAid Cooperation Office's annual activity report 2004,

               —

               having regard to the Commission communication on the Annual Report 2005 on the European Community's Development Policy and the Implementation of External Assistance in 2004 (COM(2005)0292),

               —

               having regard to the Council's recommendations of 22 February 2006 (5677/2006 — C6-0094/2006, 5679/2006 — C6-0095/2006, 5680/2006 — C6-0096/2006, 5681/2006 — C6-0097/2006),

               —

               having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou, Benin, on 23 June 2000 (9) (the Cotonou Agreement),

               —

               having regard to Article 33 of the Internal Agreement of 20 December 1995 between the representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (10),

               —

               having regard to Article 32 of the Internal Agreement of 18 September 2000 between Representatives of the Governments of the Member States, meeting within the Council (11), on the Financing and Administration of Community Aid under the Financial Protocol to the Cotonou Agreement and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies,

               —

               having regard to Article 276 of the EC Treaty,

               —

               having regard to Article 74 of the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (12),

               —

               having regard to Articles 119 and 120 of the Financial Regulation of 27 March 2003 applicable to the 9th European Development Fund (13),

               —

               having regard to Rule 70 and the third indent of Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development (A6-0110/2006),

               A.

               whereas Article 119 of the Financial Regulation of 27 March 2003 applicable to the 9th European Development Fund requires the Commission to take all appropriate steps to act on the observations accompanying the decision giving discharge and to report, at the request of the European Parliament, on the measures taken in the light of those observations and comments,

               B.

               whereas the reform of the management of the EC's external assistance was launched in May 2000 (14) and the reform of the EC's development policy in November 2000 (15),

               C.

               whereas the Cotonou Agreement entered into force on 1 April 2003,

         EDF and Millennium Development Goals (MDGs)

               1.

               Takes the view that development policy is an essential component of the Union's external action, the aims of which are to eradicate poverty by means of economic and social reform and by bolstering social, educational and health-related infrastructure, increasing the production capacity of poor populations, ensuring environmental sustainability and granting support to the countries concerned to enable them to increase growth and local potential; welcomes the fact that the Commission is continuing to seek to achieve the MDGs on this basis;

               2.

               Takes the view that the European Development Fund (EDF) is an important tool for carrying out this policy in the African, Caribbean and Pacific (ACP) countries and that it must be made more effective through a focus on actions aimed at poverty eradication and through swift implementation characterised by transparency, accountability and compliance with the principles of sound financial management;

               3.

               Recognises the problems of measuring the impact of Community assistance on the achievement of the MDGs in multi-donor environments; calls on the Commission to make greater efforts to establish an appropriate mechanism to measure such an impact and not to confine itself to measuring the progress of the developing countries towards the MDGs;

               4.

               Agrees with the Court of Auditors (16) on the need for objective, useful and comprehensive indicators to measure the output of aid; trusts that these will be put in place for the period 2007-13;

               5.

               Notes that, in 2004, out of a total of EUR 2 723 million in funding provided by EuropeAid to ACP countries (EDF and EU general budget), 41 % (EUR 1 129 million) was committed for infrastructure and social services; deplores the fact that only EUR 12 million (0,4 %) was earmarked for basic education and EUR 74 million (2,7 %) for basic health, despite the recommendation at paragraph 6 of its previous discharge resolution (17); urges the Commission to increase funding for these sectors and calls for the percentage of European Union development cooperation spending earmarked for basic education and health in the developing countries to be substantially increased;

               6.

               Insists that greater priority be given to the main MDG sectors of health and education in the next round of Country Strategy Papers;

               7.

               Welcomes the identification of sector budget support (18) as a means of increasing the level of financing for education and health; considers this option more effective than general budget support, even when linked to progress in these sectors;

               8.

               Supports the Commission in its efforts to put the provisions of the Cotonou Agreement into practise; notes, however, that the Commission has not promoted fair trade appropriately, though this is stipulated in Article 23(g) of the Agreement; calls on the Commission to support all provisions in the Cotonou Agreement, in particular Article 23(g) concerning trade development, including the promotion of fair trade;

               9.

               Takes the view that democratisation, good governance, human rights, equal opportunities (with particular reference to respect for women's rights), consolidation of the rule of law and judicial and civil administrative capacity building are not just important values in themselves, to be pursued as external aid objectives, but can also have a beneficial effect in terms of sound management of external aid projects;

         Accounts

               10.

               Expresses concern at the fact that modernisation of the EDF accounts was not completed within the deadlines set and that, for the moment, the existing On-line Accounting System (OLAS) is being used to keep the accounts; asks to be kept informed every six months on progress with modernisation of the new integrated IT system (ABAC-FED) and its implementation at head office and within the delegations;

               11.

               Notes that although EDF funds managed by the European Investment Bank (EIB) are not audited by the Court of Auditors or controlled by Parliament as part of the discharge procedure, they are included in the EDF accounts; considers that transparency would be enhanced if information on these funds (amounts by type of use, overview of results) were provided to the discharge authority which is responsible for signing off the EDF accounts; calls on the EIB and the Commission to provide such information and to include it in their reports on the EDF;

         Statement of assurance

               12.

               Notes that, with the exception of problems relating to the following (19), the Court of Auditors is of the opinion that the accounts reliably reflect the revenue and expenditure relating to the sixth, seventh, eighth and ninth EDFs:

                           (a)

                           the incompleteness of the assets, as the Commission has not sufficiently investigated which part of the outstanding advances are to be reimbursed by the debtors to the EDF;

                           (b)

                           the incompleteness of the provisions on doubtful debts, which do not reflect the real level of bad debts;

                           (c)

                           the unreliability of the balance of Stabex funds disclosed in a report attached to the financial statements (EUR 832 million);

               13.

               Notes that, according to the Court of Auditors' annual report, the EuropeAid Director-General's activity report makes no mention of major internal control weaknesses; notes that these weaknesses consist mainly of insufficient audits and follow-up and that weaknesses in national authorising officers' management capability result in a heavier workload for the delegations; calls on the Commission to take appropriate action and to report on that action;

               14.

               Notes that, with regard to the underlying transactions, the Court of Auditors is of the opinion that the revenue entered in the accounts, the EDF allocations and the commitments and payments for the financial year are, taken as a whole, legal and regular;

               15.

               Points out that in its annual report the Court of Auditors stresses that the cases of deliberate irregularity and corruption committed outside the Commission's control environment cannot, by their nature, be systematically detected through application of the Court's auditing policies and standards; considers that, in all its external aid-related activities, the Commission should endeavour to ensure that:

                           —

                           its control environment is protected, extended, strengthened or made more effective,

                           —

                           protection is provided for anyone reporting fraud, irregularities and maladministration both within the Commission and its intermediary organisations and within national authorising services and beneficiary organisations, with due reference to the recommendation at paragraph 9 above;

         Financial Management Report

               16.

               Welcomes the improvement in the quantity and quality of information contained in the Financial Management Report but, like the Court of Auditors, calls on the Commission to provide more details in future reports, particularly so as to enable comparisons to be made of the amounts allocated to projects, budgetary support and non-programmable aid coming under the ninth EDF to those for previous EDFs and in order to have an overview of the related administrative expenditure;

               17.

               Welcomes the increase in average staff per EUR 10 million managed from 4,1 in 1999 to 4,8 in 2004; regrets that this figure remains well below the average for European donors and is now falling;

         Accountability

               18.

               Notes that while the Commissioner for Development and Humanitarian Aid is responsible for EDF policy and for specific matters concerning the related projects and programmes managed by EuropeAid, the Commissioner for External Relations and European Neighbourhood Policy is responsible for all general policy and management matters concerning the functioning of EuropeAid, which implements the EDF; remains concerned that the lack of clarity over responsibility may create ambiguities and disrupt operations; calls on the Commission to clarify the breakdown of responsibilities for the EDF and external aid;

         Implementation and RAL

               19.

               Notes that EuropeAid quotes a figure as at the end of 2004 of EUR 9 776 million in outstanding commitments (reste à liquider — RAL) for the EDF and a figure of EUR 11 607 million for the budget lines which it manages; considers these figures to be far too high and urges the Commission to speed up implementation of external aid;

               20.

               Points out that, while desirable, more rapid implementation is not of itself sufficient to conclude that the performance of the EDFs has improved, and that better achievement of objectives is also required; notes the comparison between objectives and achievements included in the Financial Management Report, but asks the Commission to make more effort to set quantifiable objectives as defined in the Financial Regulation;

               21.

               Calls on the Commission to look into the feasibility of administrative, legislative, technical and other measures to ensure that, before further increases are planned, RAL in the field of external aid is better kept under control and reduced, and to report thereon;

         Budgetary support for ACP countries

               22.

               Notes the increasing significance of budget support, with EUR 624 million disbursed in 23 ACP countries in 2004; acknowledges that budget support can contribute effectively towards realising the objectives of reducing poverty and improving public financial management in recipient countries, in particular by giving them a greater sense of ‘ownership’; calls on the Commission to adjust its instruments to assess economic reforms and the quality of public financial management as conditions for eligibility for budget support within the meaning of Article 61(2) of the Cotonou Agreement (20);

               23.

               Supports the Commission's efforts to introduce and improve the necessary instruments for monitoring and assessing progress made in implementing public finance reform in beneficiary countries; expects decisions and funding agreements, as well as how appropriate tools are used to monitor implementation of reforms, henceforth to be presented in a more structured manner, so as clearly to indicate whether the public finance reforms in beneficiary countries are going in the right direction;

               24.

               Expects the Commission to pay special attention to the collection of domestic revenue and action to combat fraud and corruption in beneficiary countries and to make further efforts to take due account of such issues in connection with the implementation of public finance reforms;

               25.

               Calls on the Commission to improve, where possible, its relations at local level with other donors, particularly as regards information on the allocation and disbursement of budgetary assistance, with a view to improving the design and programming of public finance reforms and, thereby, the assessment of the quality and effectiveness of such reforms;

               26.

               Urges the Commission to step up and place on a more systematic footing its cooperation with supreme audit institutions and, where possible, to call on governments of beneficiary countries to secure more active parliamentary involvement in audit and the public finance reform process;

         Supreme audit institutions

               27.

               Recalls the importance attached by Parliament, the Council and the Court of Auditors to involving ACP states' supreme audit institutions in EDF control (21);

               28.

               Notes that the Commission is considering different modalities for supporting and promoting the role of the supreme audit institutions in the ACP states; asks for an assessment of the various options under consideration and of progress in their implementation to be submitted in time for the next discharge exercise;

         Budgetisation

               29.

               Considers that budgetisation of the EDF would remove many of the complications and difficulties of implementing successive EDFs, help speed up disbursement and eliminate the current democratic deficit;

               30.

               Draws attention to the following statement made in its above mentioned resolution of 8 June 2005:
               ‘European Development Fund (EDF):
               recalls that the European Parliament has strongly supported the integration of the EDF into the general budget on the basis of the principle of the unity of the budget and for reasons of transparency, but observes that, in financial terms, the budgetisation should not jeopardise other policies; underlines therefore that the budgetisation is only acceptable if the overall ceiling of the financial framework brings additional resources into the general budget; points out that the appropriations budgeted should be ring-fenced to avoid any negative effect on the ACP countries; stresses that the principle of partnership with the ACP countries must be respected when the EDF is integrated into the general budget’;

               31.

               Regrets that at its meeting in Brussels on 15 and 16 December 2005 the European Council did not agree to the budgetisation of the EDF, but welcomes the fact that the Member States did agree to allocate EUR 22 682 million at current prices to cooperation with the ACP states over the period 2008-2013; calls, nonetheless, on the Council and Commission to continue to work on incorporating the EDF into the general budget; is awaiting the final decision on the financial perspective 2007-2013 which depends on agreement between Parliament and the Council on the new interinstitutional agreement;

         Devolution of management of aid and support

               32.

               Supports the Commission's devolution of resources and decision-making powers to the delegations of the Commission; expects that this new organisational structure will contribute to even swifter implementation of commitments and payments and to better project follow-up;

               33.

               Notes the risks of the process of devolution to the Commission delegations in ACP countries, such as difficulties in finding appropriate staff and the possibility of incoherent interpretation of rules between Commission delegations; underlines the need to improve the rules and to find a balance between reinforced control mechanisms and the need for reporting on one hand, and efficient and speedy decision-making locating the main decisions on projects in the delegations on the other;

               34.

               Welcomes the fact that the devolution process has now extended to almost all delegations; seeks confirmation that appropriate staff training and controls are accompanying the devolution of resources and decision-making powers to delegations; asks for a report outlining the state of play of the devolution process, describing the expected benefits with quantifiable indicators and setting out the benefits so far achieved and detailing the control structures in place in delegations, including the state of implementation of internal control standards;

         Stabex funds

               35.

               Notes that the Commission completed the inventory of Stabex funds in 2004, showing that some ACP states do not supply the required financial statements and that, as a result, an unknown portion of the declared bank balance of EUR 832 million has not been certified by the Commission on the basis of reliable supporting documents; reiterates the request it made to the Commission last year to work with the beneficiary countries to enhance monitoring and ensure that the outstanding funds are committed as rapidly as possible;

         Internal control standards

               36.

               Welcomes the internal control efforts made by the Commission; expresses concern, nonetheless, at the fact that the Commission is complying with only the minimum requirements for certain control standards; asks the Commission to report on compliance with control standards;

         Visibility and transparency

               37.

               Urges the Commission, in the interests of greater transparency and better information as to reliability and sound management in connection with implementation of the sixth, seventh, eighth and ninth EDF, to clarify its reply to the request for additional explanations on key issues made by the Court of Auditors in paragraph 8(a) of Chapter 1 of its annual report covering the increase in resources for the ninth EDF, with specific reference to the item concerning aid granted to the Democratic Republic of Congo;

               38.

               Acknowledges the progress made by the Commission in ensuring a higher profile for Community external aid action and urges it to continue the efforts currently being made; deplores, however, the fact that the public is not aware of the European Union's close involvement in many projects and programmes conducted jointly with the United Nations and other organisations; calls on the Commission to make representations to these organisations with a view to:

                           —

                           ensuring public awareness of EU contributions and involvement;

                           —

                           laying down provisions enabling proper assessment, audit and control operations to be carried out, including in connection with projects and programmes conducted jointly with or through these international organisations or NGOs.

      (1)  OJ C 301, 30.11.2005, p. 249.

      (2)  OJ C 301, 30.11.2005, p. 261.

      (3)  OJ C 249, 7.10.2005, p. 1.

      (4)  Published by the United Nations Department of Public Information, DPI/2390 — May 2005,
   http://millenniumindicators.un.org.

      (5)  OJ C 277, 1.10.2001, p. 130.

      (6)  OJ C 320 E, 15.12.2005, p. 142.

      (7)  Texts Adopted, P6_TA(2005)0224.

      (8)  Texts Adopted, P6_TA(2005)0445.

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

      (10)  OJ L 156, 29.5.1998, p. 108.

      (11)  OJ L 317, 15.12.2000, p. 355.

      (12)  OJ L 191, 7.7.1998, p. 53.

      (13)  OJ L 83, 1.4.2003, p. 1.

      (14)  Commission communication on reform of the management of external assistance, adopted by the Commission on 16 May 2000.

      (15)  Declaration of the Council and the Commission on the European Community's development policy, adopted by the General Affairs (Development) Council on 10 November 2000.

      (16)  Special Report No 4/2005, paragraph 63.

      (17)  OJ L 196, 27.7.2005, p. 155.

      (18)  Reply to question 1.4 of the questionnaire of the Committee on Development (DEVE).

      (19)  Court of Auditors, Annual Report concerning the financial year 2004, p. 261.

      (20)
   ‘Direct budgetary assistance in support of macroeconomic or sectoral reforms shall be granted where:

               (a)

               public expenditure management is sufficiently transparent, accountable and effective;

               (b)

               well defined macroeconomic or sectoral policies established by the country itself and agreed to by its main donors are in place; and

               (c)

               public procurement is open and transparent.’

      (21)  See paragraphs 21 to 24 in the resolution containing the comments accompanying the decision concerning discharge to the Commission in respect of the implementation of the budget of the sixth, seventh and eighth European Development Funds for the 2002 financial year (OJ L 330, 4.11.2004, p. 128).


Avis juridique important

|

31975D0199

75/199/EEC: Council Decision of 18 March 1975 concluding an international convention on the simplification and harmonization of customs procedures and accepting the Annex thereto concerning customs warehouses

Official Journal L 100 , 21/04/1975 P. 0001 - 0001 Finnish special edition: Chapter 2 Volume 2 P. 0036  Greek special edition: Chapter 02 Volume 12 P. 0005  Swedish special edition: Chapter 2 Volume 2 P. 0036  Spanish special edition: Chapter 02 Volume 2 P. 0233  Portuguese special edition Chapter 02 Volume 2 P. 0233

COUNCIL DECISION of 18 March 1975 concluding an international convention on the simplification and harmonization of customs procedures and accepting the Annex thereto concerning customs warehouses (75/199/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing European Economic Community;Having regard to the recommendation from the Commission;Whereas the international convention on the simplification and harmonization of customs procedures negotiated within the Customs Cooperation Council can effectively contribute to the development of international trade;Whereas, in accordance with Article 11 of that convention, each Contracting Party must, when concluding the convention, also accept one of the Annexes thereto ; whereas the Community should therefore accept the Annex concerning customs warehouses;Whereas that convention should therefore be concluded and that Annex thereto be accepted,HAS DECIDED AS FOLLOWS:Article 1The international convention on the simplification and harmonization of customs procedures and the Annex thereto concerning customs warehouses are hereby respectively concluded and accepted on behalf of the Community.The texts of the convention and of the Annex are contained in the Annex to this Decision.Article 2The President of the Council is hereby authorized to designate the persons empowered to sign the convention referred to in Article 1 and to accept the Annex also referred to in Article 1 and to confer on them the powers required to bind the Community.These persons shall also inform the Secretary-General of the Customs Cooperation Council that, for the application of the aforesaid Annex, the customs territories of the Member States of the European Economic Community are to be considered as a single territory.Done at Brussels, 18 March 1975.For the CouncilThe PresidentR. RYAN


title: Council Decision (EU) 2015/1510 of 4 September 2015 appointing an Estonian member and an Estonian alternate member of the Committee of the Regions

text:
               10.9.2015

               EN

               Official Journal of the European Union

               L 236/8

         COUNCIL DECISION (EU) 2015/1510
   of 4 September 2015
   appointing an Estonian member and an Estonian alternate member of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Estonian Government,
   Whereas:

               (1)

               On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the passing away of Ms Urve ERIKSON,

               (3)

               An alternate member's seat would become vacant following the appointment of Mr Mart VÕRKLAEV as member of the Committee of the Regions,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mr Mart VÕRKLAEV, Member of Rae Municipal Council.

         Article 2
   The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mr Juri GOTMANS, Mayor of Haanja Municipality.

         Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 4 September 2015.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 20, 27.1.2015, p. 42.

      (2)  OJ L 31, 7.2.2015, p. 25.

      (3)  OJ L 159, 25.6.2015, p. 70.


title: 2012/734/: Council Decision of 25 June 2012 on the signing, on behalf of the European Union, of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, and the provisional application of Part IV thereof concerning trade matters

text:
               15.12.2012

               EN

               Official Journal of the European Union

               L 346/1

         COUNCIL DECISION
   of 25 June 2012
   on the signing, on behalf of the European Union, of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, and the provisional application of Part IV thereof concerning trade matters
   (2012/734/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 23 April 2007 the Council authorised the Commission to negotiate an Association Agreement with Central America, on behalf of the European Union and its Member States. The negotiating directives were amended on 10 March 2010 to include Panama in the negotiation process.

               (2)

               Those negotiations were concluded at the occasion of the EU-Latin American and Caribbean Summit in Madrid in May 2010 and the Agreement establishing an Association between the European Union and its Member States on the one hand, and Central America on the other (hereinafter referred to as ‘the Agreement’) was initialled on 22 March 2011.

               (3)

               Article 353(4) of the Agreement provides for the provisional application of Part IV of the Agreement concerning trade matters.

               (4)

               The Agreement should be signed on behalf of the European Union and Part IV thereof applied on a provisional basis, pending the completion of the procedures for the conclusion of the Agreement.

               (5)

               The Agreement does not affect the rights of investors of the Member States to benefit from any more favourable treatment provided for in any agreement related to investment to which a Member State and a signatory Central American Republic are Parties.

               (6)

               The provisional application of Part IV of the Agreement does not prejudge the allocation of competences between the European Union and its Member States in accordance with the Treaties.

               (7)

               Pursuant to Article 218(7) of the Treaty, it is appropriate for the Council to authorise the Commission to approve modifications to the list of geographical indications recommended by the Subcommittee on Intellectual Property to the Association Committee for approval by the Association Council pursuant to Articles 247 and 274.2(a) of the Agreement.

               (8)

               It is appropriate to set out the relevant procedures for the protection of geographical indications pursuant to the Agreement.

               (9)

               Pursuant to Article 356 of the Agreement, it is appropriate to clarify that the Agreement shall not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts and tribunals.

               (10)

               The provisions of the Agreement that fall within the scope of Part Three, Title V of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the United Kingdom and/or Ireland have jointly notified the Central America Party that the United Kingdom or Ireland is bound as part of the European Union in accordance with the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union.

               (11)

               If the United Kingdom and/or Ireland ceases to be bound as part of the European Union in accordance with Article 4a of that Protocol (No 21), the European Union together with the United Kingdom and/or Ireland shall immediately inform the Central America Party of any change in their position. In that case, they shall remain bound by the provisions of the Agreement in their own right. The same applies to Denmark in accordance with the Protocol (No 22) on the position of Denmark annexed to those Treaties,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   Part IV of the Agreement shall be applied on a provisional basis by the European Union in accordance with Article 353(4) of the Agreement, pending the completion of the procedures for its conclusion. Article 271 shall not be provisionally applied.
   In order to determine the date of provisional application the Council shall fix the date by which the notification referred to in Article 353(4) of the Agreement is to be sent to the Republics of Central America. That notification shall include reference to the provision which is not to be provisionally applied.
   The date from which Part IV of the Agreement will be provisionally applied shall be published in the Official Journal of the European Union by the General Secretariat of the Council.
   Article 4
   For the purposes of Article 247 of the Agreement, modifications of the Agreement through decisions of the Association Council, as proposed by the Subcommittee on Intellectual Property on geographical indications, shall be approved by the Commission on behalf of the European Union. Where interested parties cannot reach agreement following objections relating to a geographical indication, the Commission shall adopt a position on the basis of the procedure laid down in Article 15(2) of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1).
   Article 5
   1.   A name protected under Annex XVIII to the Agreement (Protected Geographical Indications) may be used by any operator marketing agricultural products, foodstuffs, wines, aromatised wines or spirits conforming to the corresponding specification.
   2.   The Member States and the institutions of the European Union shall enforce the protection provided for in Article 246 of the Agreement, including at the request of an interested party.
   Article 6
   The applicable provision for the purposes of adopting the necessary implementing rules for the application of the rules contained in Appendix 2A of Annex II (Concerning the Definition of the Concept of ‘Originating Products’ and Methods of Administrative Cooperation) and Appendix 2 of Annex I (Elimination of Customs Duties) to the Agreement is Article 247a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).
   Article 7
   The Agreement shall not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts and tribunals.
   Article 8
   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 93, 31.3.2006, p. 12.

      (2)  OJ L 302, 19.10.1992, p. 1.


title: 2012/71/EU: Council Decision of 23 January 2012 on the position to be taken by the European Union within the EU-Chile Special Committee on Customs Cooperation and Rules of Origin relating to Annex III to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, concerning the definition of the concept of originating products and methods of administrative cooperation

text:
               8.2.2012

               EN

               Official Journal of the European Union

               L 35/2

         COUNCIL DECISION
   of 23 January 2012
   on the position to be taken by the European Union within the EU-Chile Special Committee on Customs Cooperation and Rules of Origin relating to Annex III to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, concerning the definition of the concept of originating products and methods of administrative cooperation
   (2012/71/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 207(4) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Preferential rules of origin are essential for the correct functioning of the free trade agreements between the European Union and its trading partners, including Chile. The Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (1) (‘Association Agreement’), was signed on 18 November 2002.

               (2)

               Annex III to the Association Agreement defines the concept of originating products and methods of administrative cooperation. It entered into force on 1 February 2003.

               (3)

               Explanatory Notes to Annex III — which provide customs authorities with clear guidelines on the practical application of that Annex — have been in force since 1 January 2004.

               (4)

               The Association Agreement aims, inter alia, under Article 58 thereof, at eliminating customs duties on products originating in one Party and exported to the other Party, by referring to the rules of origin laid down in Annex III to that Agreement. That Annex refers, in Article 36(2) thereof, to the ‘customs territory of the Community’.

               (5)

               The position to be taken by the Union within the EU-Chile Special Committee on Customs Cooperation and Rules of Origin should be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the EU-Chile Special Committee on Customs Cooperation and Rules of Origin relating to Annex III to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, concerning the definition of the concept of originating products and methods of administrative cooperation, shall be based on the draft Decision of that EU-Chile Special Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 23 January 2012.

            For the Council

            The President

         M. GJERSKOV

      (1)  OJ L 352, 30.12.2002, p. 3.

      DECISION No …/201_ OF THE EU – CHILE SPECIAL COMMITTEE ON CUSTOMS COOPERATION AND RULES OF ORIGIN
      of
      relating to Annex III to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, concerning the definition of the concept of originating products and methods of administrative cooperation
      THE SPECIAL COMMITTEE,
      Having regard to the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (1) (‘Association Agreement’), signed on 18 November 2002, and in particular to the terms ‘customs territory of the Community’ in Article 36(2) of Annex III thereof on the definition of the concept of originating products and methods of administrative cooperation,
      Whereas:

                  (1)

                  Annex III to the Association Agreement sets out the rules of origin for the products originating in the territories of the Parties to that Agreement.

                  (2)

                  Annex III to the Association Agreement refers to the term ‘Community’ in its text.

                  (3)

                  For the purposes of Annex III to the Association Agreement, it is appropriate to define the terms ‘Community’ and ‘customs territory of the Community’ in order to ensure the correct territorial application of that Annex by means of an Explanatory Note thereto,

            HAS ADOPTED THIS DECISION:
      Article 1
      For the purposes of Article 36(2) of Annex III to the Association Agreement, the terms ‘customs territory of the Community’ shall cover the customs territory of the European Community (now the European Union) as indicated in Article 3(1) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2), without prejudice to any future amendment or repeal of existing legislation.
      This Explanatory Note to Annex III shall be without prejudice to Title VII on Ceuta and Melilla of that Annex.
      Article 2
      For the purposes of Annex III to the Association Agreement, the term ‘Community’ means the customs territory of the European Community (now the European Union) as referred to in Article 1 of this Decision.
      Article 3
      This Decision shall enter into force sixty days after the date on which the last Party has notified that its internal requirements concerning the implementation of this Decision have been fulfilled.

         Done at …,

               For the Special Committee

               The President

         (1)  OJ L 352, 30.12.2002, p. 3.

         (2)  OJ L 302, 19.10.1992, p. 1.


Avis juridique important

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31995D0208

95/208/EC: Council Decision of 6 June 1995 amending the Protocol on the Statute of the Court of Justice of the European Community

Official Journal L 131 , 15/06/1995 P. 0033 - 0033

COUNCIL DECISION of 6 June 1995 amending the  Protocol on the Statute of the Court of Justice of the European Community (95/208/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 168 a   (2) thereof, Having regard to the request from the Court of Justice of 10 October 1994, Having regard to the opinion of the Commission of 12 April 1995, Having regard to the opinion of the European Parliament of 7 April 1995, Whereas it is necessary to amend Article 46 of the Protocol on the Statute of the Court of Justice  of the European Community in order for the Rules of Procedure of the Court of First Instance to be  adjusted to take account, by special rules of procedure, of the specific features of the  proceedings relating to intellectual property rights which the Court of First Instance is called  upon to hear, HAS DECIDED AS FOLLOWS: Article 1 Article 46 of the Protocol on the Statute of the Court of Justice of  the European Community shall be replaced by the following: 'Article 46 The procedure before the Court of First Instance shall be governed by Title III of this Statute,  with the exception of Article 20. Such further and more detailed provisions as may be necessary shall be laid down in the Rules of  Procedure established in accordance with Article 168 a  (4) of the Treaty. The Rules of Procedure  may derogate from the fourth paragraph of Article 37 and from Article 38 of this Statute in order  to take account of the specific features of litigation in the field of intellectual property. Notwithstanding the fourth paragraph of Article 18 of this Statute, the Advocate-General may make  his reasoned submissions in writing.` Article 2 This Decision shall enter into force on 6 June 1995. Done at Luxembourg, 6 June 1995. For the Council The President M. BARNIER