title: 2011/50/EU: Decision of the Council and of the Representatives of the Governments of the Member States, meeting within the Council of 15 October 2010 on the signature and provisional application of the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and Georgia, of the other part

text:
               28.1.2011

               EN

               Official Journal of the European Union

               L 25/1

         DECISION OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL
   of 15 October 2010
   on the signature and provisional application of the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and Georgia, of the other part
   (2011/50/EU)
   THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, MEETING WITHIN THE COUNCIL,
   Having regard to the Treaty on the Functioning of the European Union and in particular Article 100(2), in conjunction with Article 218 paragraphs (5) and (7) and the first subparagraph of Article 218(8), thereof,
   Whereas:

               (1)

               The Commission has negotiated on behalf of the Union and of the Member States a Common Aviation Area Agreement with Georgia (hereinafter ‘the Agreement’) in accordance with the Council Decision authorising the Commission to open negotiations.

               (2)

               The Agreement was initialled on 5 March 2010.

               (3)

               The Agreement negotiated by the Commission should be signed and applied provisionally by the Union and the Member States, subject to its possible conclusion at a later date.

               (4)

               It is necessary to lay down procedural arrangements for deciding, if appropriate, how to discontinue the provisional application of the Agreement. It is also necessary to lay down appropriate procedural arrangements for the participation of the Union and the Member States in the Joint Committee set up pursuant to Article 22 of the Agreement and in the dispute settlement procedures provided in Article 23 of the Agreement, as well as for implementing certain provisions of the Agreement concerning security and safety,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Signature
   1.   The signing of the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and Georgia, of the other part, (hereinafter ‘the Agreement’), is hereby approved on behalf of the Union, subject to a Council Decision concerning the conclusion of the Agreement (1).
   2.   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union, subject to its conclusion.
   Article 2
   Provisional application
   Pending its entry into force, the Agreement shall be applied on a provisional basis by the Union and by the Member States, in accordance with their internal procedures and/or domestic legislation as applicable, from the first day of the month following the date of the last note by which the Parties notify each other of the completion of the procedures necessary for the provisional application of the Agreement.
   Article 3
   Joint Committee
   1.   The European Union and the Member States shall be represented in the Joint Committee established pursuant to Article 22 of the Agreement by representatives of the Commission and the Member States.
   2.   The position to be taken by the European Union and its Member States within the Joint Committee with respect to amendments to Annex III or Annex IV to the Agreement in accordance with Article 26(2) of the Agreement and to matters of exclusive competence of the European Union that do not require the adoption of a decision having legal effect shall be established by the Commission and shall be notified in advance to the Council and the Member States.
   3.   For Joint Committee decisions concerning matters that fall within the competence of the European Union, the position to be taken by the European Union and its Member States shall be adopted by the Council, acting by qualified majority on a proposal from the Commission, unless the applicable voting procedures set down in the European Union Treaties provide otherwise.
   4.   For Joint Committee decisions concerning matters that fall within Member States’ competence, the position to be taken by the European Union and its Member States shall be adopted by the Council, acting unanimously, on a proposal from the Commission or from Member States, unless a Member State has informed the General Secretariat of the Council within 1 month of the adoption of that position that it can only consent to the decision being taken by the Joint Committee with the agreement of its legislative bodies.
   5.   The position of the Union and of the Member States within the Joint Committee shall be presented by the Commission, except in matters that fall within the exclusive competence of the Member States, in which case it shall be presented by the Presidency of the Council or, if the Council so decides, by the Commission.
   Article 4
   Settlement of Disputes
   1.   The Commission shall represent the Union and the Member States in dispute settlement proceedings pursuant to Article 23 of the Agreement.
   2.   The decision to suspend the application of benefits pursuant to Article 23 of the Agreement shall be taken by the Council on the basis of a Commission proposal. The Council shall decide by qualified majority.
   3.   Any other appropriate action to be taken pursuant to Article 23 of the Agreement on matters which fall within the European Union competence shall be decided upon by the Commission, with the assistance of a Special Committee of representatives of the Member States appointed by the Council.
   Article 5
   Information to the Commission
   1.   Member States shall promptly inform the Commission of any decision to refuse, revoke, suspend or limit the authorisation of an airline of Georgia that they intend to adopt pursuant to Article 5 of the Agreement.
   2.   Member States shall promptly inform the Commission of any requests or notifications made or received by them pursuant to Article 14 (Aviation safety) of the Agreement.
   3.   Member States shall promptly inform the Commission of any requests or notifications made or received by them pursuant to Article 15 (Aviation security) of the Agreement.

      Done at Luxembourg, 15 October 2010.

            For the Council

            The President

         E. SCHOUPPE

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


Avis juridique important

|

31995D0490

95/490/EC: Council Decision of 17 November 1995 on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the Protocol defining, for the period 21 May 1995 to 20 May 1998, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Republic of Madagascar on fishing off Madagascar

Official Journal L 282 , 24/11/1995 P. 0021 - 0021

COUNCIL DECISION of 17 November  1995 on the conclusion of the Agreement in the form of an exchange of letters concerning the  provisional application of the Protocol defining, for the period 21 May 1995 to 20 May 1998, the  fishing opportunities and the financial contribution provided for by the Agreement between the  European Economic Community and the Government of the Republic of Madagascar on fishing off  Madagascar (95/490/EC)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to the Agreement between the European Economic Community and the Government of the  Republic of Madagascar on fishing off Madagascar  (1), Having regard to the proposal from the Commission, Whereas the Community and the Republic of Madagascar have held negotiations to determine the  amendments or additions to be made to the abovementioned Agreement at the end of the period of  application of the first Protocols; Whereas, as a result of these negotiations, a new Protocol was initialled on 18 May 1995; whereas,  under this Protocol, Community fishermen enjoy fishing opportunities in the waters falling within  the sovereignty or jurisdiction of the Republic of Madagascar for the period 21 May 1995 to 20 May  1998; Whereas, in order to avoid the interruption of fishing activities by Community vessels, it is  essential that the Protocol in question be approved as quickly as possible; whereas both parties  have therefore initialled an Agreement in the form of an exchange of letters providing for the  provisional application of the initialled Protocol from the day following the date of expiry of the  Protocols previously in force; whereas the said Agreement should be concluded, subject to a  definitive decision pursuant to Article 43 of the Treaty, HAS DECIDED AS FOLLOWS: Article 1 The Agreement in the form of an exchange of letters concerning the  provisional application of the Protocol defining, for the period 21 May 1995 to 20 May 1998, the  fishing opportunities and the financial contribution provided for by the Agreement between the  European Economic Community and the Government of the Republic of Madagascar on fishing off  Madagascar is hereby approved on behalf of the Community. The text of the Agreement in the form of an exchange of letters is attached to this Decision. Article 2 The President of the Council is hereby authorized to designate the persons empowered to  sign the Agreement in the form of an exchange of letters in order to bind the Community. Done at Brussels, 17 November 1995. For the Council The President P. SOLBES MIRA


title: 87/504/EEC: Council Decision of 14 September 1987 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Economic Community and the United Mexican States on trade in textile products

text:
15 . 10 . 87                             Official Journal of the European Communities                                   No L 292 / 73
                                                     COUNCIL DECISION
                                                      of 14 September 1987
                 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the
                 European Economic Community and the United Mexican States on trade in textile
                                                              products
                                                          ( 87 / 504 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               United Mexican States on trade in textile products is hereby
                                                                        approved on behalf of the Community .
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113                      2.    The text of the Agreement is attached to this
thereof,                                                                Decision .
Having regard to the proposal from the Commission ,
Whereas the Agreement in the form of an Exchange of Letters
                                                                                Article 2
between the European Economic Community and the United
Mexican States on trade in textile products , initialled in
Brussels on 7 August 1986 and applied on a provisional                  The President of the Council is hereby authorized to
basis , under Council Decision of 1 1 December 1986 , as from           designate the person empowered to sign the Agreement
1 January 1987 should be approved ,                                     referred to in Article 1 in order to bind the Community .
HAS DECIDED AS FOLLOWS :
                                                                        Done at Brussels , 14 September 1987 .
                          Article 1                                                                              For the Council
                                                                                The President
 1.     The Agreement in the form of an Exchange of Letters
between the European Economic Community and the                                                              U. ELLEMANN-JENSEN


Avis juridique important

|

31999D0662

99/662/EC: Council Decision of 19 July 1999 concerning the conclusion of the Agreement on mutual recognition of OECD principles of good laboratory practice (GLP) and compliance monitoring programmes between the European Community and the State of Israel

Official Journal L 263 , 09/10/1999 P. 0006 - 0006

COUNCIL DECISIONof 19 July 1999concerning the conclusion of the Agreement on mutual recognition of OECD principles of good laboratory practice (GLP) and compliance monitoring programmes between the European Community and the State of Israel(1999/662/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first sentence of Article 300(2) and the first subparagraph of Article 300(3) and Article 300(4),Having regard to the proposal from the Commission,Whereas:(1) the Agreement on mutual Recognition of OECD principles of good laboratory practice (GLP) and compliance monitoring programmes, initialled in Brussels on 16 January 1997, was negotiated by the Commission in accordance with its negotiating guidelines and should be approved;(2) certain aspects of implementation have been assigned to the Joint Committee established by the Agreement, and in particular the power to amend certain parts of the two Annexes;(3) it is necessary to lay down the internal procedures required for the proper functioning of the Agreement; the Commission should be empowered to make certain technical changes to the Agreement and to take certain decisions concerning its implementation,HAS DECIDED AS FOLLOWS:Article 1The Agreement on mutual recognition of OECD principles of good laboratory practice (GLP) and compliance monitoring programmes between the European Community and the State of Israel is hereby approved on behalf of the Community.The text of the Agreement and the Agreed Minutes are attached to this Decision.Article 2The President of the Council shall, on behalf of the Community, transmit the note provided for in Article 16 of the Agreement(1).Article 31. The Commission, assisted by the Special Committee appointed by the Council, shall represent the Community in the Joint Committee provided for in Article 10 of the Agreement. After consulting the Special Committee, the Commission shall carry out the notifications, consultations and exchanges of information, shall make the requests for inspections and for participation in inspections, and, if need be, shall reply to requests, in accordance with Articles 3(2), 5(2), 6, 7, 9 and 12 of the Agreement and in Annex II thereto, and adopt the Decision provided for in Article 11(2) and (3) and the second sentence of Article 12.2. The position of the Community within the Joint Committee, with regard to amendments to Annex I decided on in accordance with the second sentence of Article 4 of the Agreement and to amendments to Annex II decided on in accordance with Article 5 of the Agreement, shall be adopted by the Commission after it has consulted the Special Committee referred to in paragraph 1 of this Article.3. All other decisions shall be taken by the Council, acting by a qualified majority on a proposal from the Commission.Done at Brussels, 19 July 1999.For the CouncilThe PresidentT. HALONEN(1) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: 2006/258/EC: Commission Decision of  6 March 2006  repealing Decision 2002/683/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of colour television receivers originating,  inter alia , in the People’s Republic of China

text:
               31.3.2006

               EN

               Official Journal of the European Union

               L 93/63

      COMMISSION DECISION

   of 6 March 2006
   repealing Decision 2002/683/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of colour television receivers originating, inter alia, in the People’s Republic of China
   (2006/258/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 8 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PREVIOUS PROCEDURE

               (1)

               In August 2002, by Regulation (EC) No 1531/2002 (2), the Council imposed a definitive anti-dumping duty on imports of colour television receivers (the product concerned) originating, inter alia, in the People’s Republic of China (the PRC).

               (2)

               In parallel, the Commission, by Decision 2002/683/EC (3), accepted a joint undertaking (the undertaking) by Haier Electrical Appliances Corp., Ltd, Hisense Import & Export Co., Ltd, Konka Group Co., Ltd, Sichuan Changhong Electric Co., Ltd, Skyworth Multimedia International (Shenzen) Co., Ltd, TCL King Electrical Appliances (Hui Zhou) Co., Ltd and Xiamen Overseas Chinese Electronic Co., Ltd (the Companies), in conjunction with the China Chamber of Commerce for Import and Export of Machinery and Electronics Products (CCCME).

               (3)

               As a result, imports into the Community of the product concerned of PRC origin, produced by the Companies, and of a type covered by the undertaking (the product covered by the undertaking), were exempted from the definitive anti-dumping duties.

         B.   BREACHES OF THE UNDERTAKING
   1.   Obligations of companies with undertakings

               (4)

               The undertaking offered by the Companies obliges them to, inter alia, export the product covered by the undertaking to the first independent customer in the Community at or above certain minimum import price levels (MIPs) and to respect certain quantitative ceilings laid down in the undertaking. These price levels and ceilings eliminate the injurious effects of dumping.

               (5)

               For the purposes of ensuring compliance with the undertaking, CCCME and the Companies also agreed to provide all information considered necessary by the Commission and to allow on-spot verification visits at their premises in order to permit verifications of the accuracy and veracity of data submitted in the said quarterly reports.

               (6)

               As noted in recital 239 of Regulation (EC) No 1531/2002, the undertaking specifically provides that a breach by any of the Companies or the CCCME shall be considered as a breach of the undertaking by all signatories. Failure to cooperate with the European Commission in monitoring the undertaking is considered as a breach of the undertaking.

               (7)

               In this regard, the Commission requested to carry out on-spot verification visits at the premises of CCCME and of the two companies with the largest reported volume of sales of the product concerned, namely Xiamen Overseas Chinese Electronic Co., Ltd and Konka Group Co., Ltd. The Commission sent pre-verification letters to CCCME, Xiamen Overseas Chinese Electronic Co., Ltd and Konka Group Co., Ltd with an indication of the dates for the on-spot verification.

         2.   Results of the verification request

               (8)

               The CCCME and Xiamen Overseas Chinese Electronic Co., Ltd confirmed the acceptance of the verification visit requested by the Commission. However, Konka Group Co., Ltd refused to accept a verification visit.

               (9)

               The company was requested to clarify whether this was its final position and was reminded that according to Clause 5.6 of the undertaking, the Companies undertook to cooperate in providing all information considered necessary by the European Commission for the purpose of ensuring compliance with the joint undertaking and to allow officials of the European Commission to verify all information and data furnished. This included the possibility of these officials performing on-spot investigations at the premises of the Companies and/or the CCCME, even at short notice.

               (10)

               By letter, the company Konka Group Co., Ltd, confirmed that they had no interest to cooperate and this position taken by the company was furthermore confirmed by the CCCME.

               (11)

               Accordingly, the CCCME and the Companies were informed of the essential facts and considerations on the basis of which it was intended to withdraw the Commission’s acceptance of the undertaking, due to the breach of the undertaking by Konka Group Co., Ltd, and to impose the definitive anti-dumping duty in its place. A period was granted within which representations could be made both in writing and orally. No comments were received.

         C.   REPEAL OF DECISION 2002/683/EC

               (12)

               In the light of the above, it is considered that acceptance of the undertaking offered by the Companies in conjunction with the CCCME, should be withdrawn. Decision 2002/683/EC accepting an undertaking should be repealed.

               (13)

               In parallel to this Decision, the Council, by Regulation (EC) No 511/2006 (4) has amended Regulation (EC) No 1531/2002 so as to impose a definitive anti-dumping duty on imports exported to the Community by the companies concerned of colour television receivers,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Decision 2002/683/EC is hereby repealed.
   Article 2
   This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 6 March 2006.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

      (2)  OJ L 231, 29.8.2002, p. 1.

      (3)  OJ L 231, 29.8.2002, p. 42.

      (4)  See page 26 of this Official Journal.


Avis juridique important

|

31995D0564

95/564/EC: Council Decision of 22 December 1995 on the implementation of a training programme for professionals in the European audiovisual programme industry (Media II - Training)

Official Journal L 321 , 30/12/1995 P. 0033 - 0038

COUNCIL DECISIONof 22 December 1995on the implementation of  a training programme for professionals in the European audiovisual programme industry (Media II -  Training)(95/564/EC)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 127 (4)  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189c of the Treaty (3), 1. Whereas the European Council meeting in Brussels on 10 and 11 December 1993 took note of the  White Paper 'Growth, competitiveness and employment' as reference point for action by the European  Union and its Member States; whereas the White Paper supports an industrial development approach  based on global competitiveness, as the key to growth and employment, and states, in particular in  Chapter 7, the need to adapt vocational skills in line with industrial and technological  developments; 2. Whereas the European Council meeting in Corfu on 24 and 25 June 1994 took note of the report by  the 'Bangemann Group' entitled 'Europe and the Global Information Society - Recommendations to the  European Council', in particular acknowledging the strategic importance of the audiovisual  programme industry in terms of content; 3. Whereas the 'Industry/Telecommunications' Council of 28 September 1994 issued a favourable  opinion on the Commission's communication of 19 July 1994 entitled 'Europe's way to the information  society: an action plan'; whereas it emphasized the need to improve the competitiveness of the  European audiovisual industry; 4. Whereas the Council took formal note of the Commission's communication of 1 September 1994  entitled 'An industrial competitiveness policy for the European Union' which showed the close  correlation between the development prospects of technologies, products, programmes (in particular  audiovisual programmes) and the associated services and networks and recalled the need to raise the  training standards of human resources in order to make European industry competitive; 5. Whereas the Council took formal note on 17 June 1994 of the Green Paper 'Strategy options to  strengthen the European programme industry in the context of the audiovisual policy of the European  Union'; 6. Whereas the Commission consulted the people in the industry on the options put forward in the  Green Paper, in particular by holding the 'European Audiovisual Conference' in Brussels from 30  June to 2 July 1994; whereas the consultation process revealed a strong desire for an enhanced  programme of support for the European audiovisual industry, in particular in the area of training; 7. Whereas the European Parliament, in its resolution of 6 May 1994 (4), examined the problems of  the audiovisual industry, following Council Directive 89/552/EEC of 3 October 1989 on the  coordination of certain provisions laid down by law, regulation or administrative action in Member  States concerning the pursuit of television broadcasting activities (5) (the 'television without  frontiers' Directive), in preparation for the European audiovisual conference, 'and took the view  that the priorities established inter alia during the discussions on amendments to the Media  programme, namely the financing mechanisms, pre-production, distribution and training, were the  best means of establishing coherent, stable European networks'; 8. Whereas on 14 September 1994 the Economic and Social Committee issued its opinion on the Green  Paper, stating that European-level programmes such as Media could have a positive influence on the  development of programme structures and means of production in Europe; 9. Whereas the Commission implemented an action programme to encourage the development of the  European audiovisual industry (Media) (1991 to 1995), adopted by Council Decision 90/685/EEC of 21  December 1990 concerning the implementation of an action programme to promote the development of  the European audiovisual industry (Media) (1991 to 1995) (1), including, in particular, training  measures to upgrade the vocational skills of people working in the audiovisual programme industry; 10. Whereas the Council, at its meeting of 5 November 1993, after taking note of the Commission's  communication of 23 July 1993 on the Media programme mid-term evaluation report, took the view that  it would be appropriate to examine suitable measures for launching a Media II programme after  1995; 11. Whereas the European Council meeting in Essen on 9 and 10 December 1994 called on the  Commission to present proposals for a new Media programme; 12. Whereas at its meeting of 6 December 1994 the Council adopted Decision 94/819/EC (2) setting up  the 'Leonardo da Vinci' action programme for the implementation of a European Community vocational  training policy; whereas Article 8 (1) of the said Decision requires the Commission to ensure  overall consistency between that programme and other Community measures in the field of training; 13. Whereas there should be proper coordination with vocational training actions undertaken  pursuant to the objectives of the Structural Funds; 14. Whereas pursuant to Article 128 (4) of the Treaty the Community shall take cultural aspects  into account in its action under other provisions of the Treaty; whereas it is necessary to ensure  that participation in this programme reflects European cultural diversity; 15. Whereas there is a need to take into account the cultural aspects of the audiovisual sector; 16. Whereas the emergence of a European audiovisual market requires vocational skills adapted to  the new dimension of the market, particularly as regards economic and commercial management of the  industry and utilization of new technology at all stages of programme design, development,  production and transmission; 17. Whereas people in the industry should be provided with vocational skills that enable them to  take full advantage of the, in particular, European dimension of the audiovisual programme market  and they should be encouraged to develop projects which meet the demands of that market; 18. Whereas there should be an improvement in the exploitation of the European audiovisual heritage  and a response to the needs of the market for programmes in the field; 19. Whereas the initial training of professionals must incorporate the indispensible economic and  technological components; whereas the speed of change in these areas makes continuous training  especially necessary; 20. Whereas networking between vocational training centres should be encouraged so as to facilitate  the transfer of know-how and the development of training modules at European level; 21. Whereas support for vocational training must take account of structural objectives such as  developing the potential for creation and production in countries or regions where audiovisual  production capacity is low and/or where the geographical and linguistic area is restricted and/or  developing the independent production sector, in particular small and medium-sized enterprises  (SMEs); 22. Whereas equal opportunities constitute a fundamental principle in the policies of the European  Union which must be taken into account in implementing this programme; 23. Whereas a reference amount, within the meaning of point 2 of the declaration by the European  Parliament, the Council and the Commission of 6 March 1995, is included in this Decision for the  entire duration of this programme, without thereby affecting the powers of the budgetary authority  as they are defined by the Treaty; 24. Whereas, in accordance with the principle of subsidiarity, action taken by the Community should  support and supplement action taken by the relevant authorities in the Member States; 25. Whereas the measures provided for under this programme are all aimed at cross-border  cooperation which will enhance the value of action taken in the Member States or by those  responsible for training, in accordance with the principle of subsidiarity referred to above; 26. Whereas it is appropriate to follow up and intensify the opening up of the Media programme to  the participation of the associated countries of central and eastern Europe (CCEE) in accordance  with the conditions laid down in the additional protocols to the association agreements on  participation in Community programmes concluded or to be concluded with those countries and to the  participation of Cyprus, Malta and the EFTA States members of the EEA Agreement on the basis of  additional appropriations in accordance with the same rules as those applied to the EFTA countries,  under procedures to be agreed on with those countries; whereas, moreover, this programme should be  open to cooperation with other third countries which have concluded agreements with audiovisual  clauses; whereas the details of such participation or cooperation should be determined at the  appropriate time between the parties concerned; 27. Whereas it is desirable to coordinate the activities laid down by the programme with those  deployed by international organizations, such as the Council of Europe; 28. Whereas Community support should be granted on the basis of prior appraisal, monitoring and  subsequent evaluation, HAS DECIDED AS FOLLOWS: Article 1This Decision establishes a vocational training programme  (hereinafter referred to as 'the programme') to run from 1 January 1996 to 31 December 2000. This  programme, which supports and supplements action taken by Member States in full recognition of the  responsibility of those States for the content and organization of vocational training programmes  and cultural diversity of the countries and regions, excluding any harmonization of the laws and  regulations of the Member States, has the purpose of providing professionals in the European  audiovisual industry with the skills they need to exploit the European dimension of the market to  the full and make use of new technology. Article 2In the context of Article 1, the aims of the programme are: 1. to meet the needs of the industry and bolster its competitiveness by improving initial and  particularly continuing training for audiovisual professionals in order to provide them with the  know-how and skills they need in order to take account of the European market and other markets,  notably in the field of: - economic and commercial management, including legal aspects, - utilization and development of new technologies for the production of audiovisual programmes with  high commercial and artistic added value, supplementing training in the audiovisual professions, - screenplay techniques. This aim will take account of the transnational dimension through supporting the development of  businesses and projects (new programmes or enhancement of the audiovisual heritage) as well as of  common entrepreneurial practices; 2. to encourage cooperation and exchange of know-how by networking between partners involved in  training: training institutions, the professional sector and businesses and by developing teacher  training. In carrying out the objectives mentioned in points 1 and 2 of the first paragraph, particular  attention shall be paid to the specific needs of countries or regions with a low production  capacity and/or a restricted linguistic and geographical area, as well as the development of an  independent European production and distribution sector and especially of small and medium-sized  enterprises (SMEs). Article 3Recipients of Community support involved in implementing the measures laid down in the  Annex must provide a significant proportion of the funding (at least 50 %). In duly justified  exceptional cases this percentage may be reduced to as low as 25 %. Community funding shall be determined in relation to the cost and nature of each measure  envisaged. The financial reference amount for implementing the programme for the period referred to in Article  1 shall be ECU 45 million. The annual appropriations shall be authorized by the budgetary authority in accordance with the  current financial perspective. Article 41. The Commission shall be responsible for the implementation of the programme, in  accordance with the arrangements laid down in the Annex. In the performance of this task, it shall be assisted by a committee composed of two  representatives from each Member State and chaired by the representative of the Commission. 2. The representative of the Commission shall submit to the Committee, for its opinion, a draft of  the measure to be taken concerning: - the arrangements for the implementation of the actions provided for in the Annex, - the content of calls for proposals, the definition of criteria and procedures for the approval  and selection of projects and the final choice of intermediary organizations, - questions concerning the annual internal distribution of finances within the programme, - arrangements for monitoring and evaluating the operations. Furthermore, the representative of the Commission shall also submit, for its opinion, the  examination of all Community allocations of more than ECU 200 000 per year; this threshold can be  reviewed by the Committee in the light of experience. 3. The Committee shall deliver its opinion on the draft, within a time limit which the chairman may  lay down according to the urgency of the matter. The opinion shall be delivered by the majority  laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required  to adopt on a proposal from the Commission. The votes of the representatives of the Member States  within the Committee shall be weighted in the manner set out in that Article. The chairman shall  not vote. The Commission shall adopt measures which shall apply immediately. However, if these measures are  not in accordance with the opinion of the Committee, they shall be communicated by the Commission  to the Council forthwith. In that event: - the Commission shall defer application of the measures which it has decided upon for a period of  two months, - the Council, acting by a qualified majority, may take a different decision within the time limit  referred to in the previous subparagraph. 4. The Commission may consult the Committee on any other question concerning the implementation of  the programme. The Committee shall deliver its opinion within a time limit which the chairman may lay down  according to the urgency of the matter, if necessary by taking a vote. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right  to ask to have its position recorded in the minutes. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall  inform the Committee of the manner in which its opinion has been taken into account. The Commission representative shall keep the Committee informed in good time and on a regular basis  of the financial allocation agreed in the framework of the programme (amounts, duration, internal  distribution of finances, beneficiaries). Article 5The programme shall be open to the participation of the associated countries of central  and eastern Europe (CCEE) in accordance with the conditions laid down in additional protocols to  the association agreements on participation in Community programmes concluded or to be concluded  with those countries. This programme shall be open to the participation of Cyprus, Malta and EFTA countries members of  the EEA Agreement on the basis of additional appropriations in accordance with the same rules as  applied to EFTA States, in accordance with procedures to be agreed with those countries. It shall also be open to cooperation with other non-member countries which have concluded  agreements containing audiovisual clauses. The arrangements for this participation or cooperation will be fixed at the appropriate time  between the parties concerned. Article 61. The Commission shall ensure that actions under this Decision are subject to prior  appraisal, monitoring and subsequent evaluation. 2. The selected beneficiaries shall submit an annual report to the Commission. 3. After the completion of projects, the Commission shall evaluate the manner in which they have  been carried out and the impact of their implementation in order to assess whether the original  objectives have been achieved. 4. After two years and six months of implementation of the programme and within the six months that  follow this period, the Commission, after having brought the matter before the Committee in  accordance with the procedure laid down in Article 4 (2) and (3), shall present to the European  Parliament, the Council and the Economic and Social Committee an evaluation report on the results  which were obtained, accompanied if need be by appropriate proposals. This report shall in particular show the added value created on the basis of the financial support  provided by the Community and the socio-economic aspect. 5. When the programme has run its full term, the Commission shall submit to the European  Parliament, the Council and the Economic and Social Committee a report of the implementation and  resuls of the programme. Done at Brussels, 22 December 1995. For the CouncilThe PresidentL. ATIENZA SERNA(1) OJ No C 108, 29. 4. 1995, p.  4. (2) OJ No C 256, 2. 10. 1995, p. 24. (3) Opinion of the European Parliament of 16 June 1995 (OJ No C 166, 3. 7. 1995, p. 200), Council  common position of 10 July 1995 (OJ No C 281, 25. 10. 1995, p. 1) and Decision of the European  Parliament of 15 November 1995 (not yet published in the Official Journal). (4) OJ No C 205, 25. 7. 1994, p. 561. (5) OJ No L 298, 17. 10. 1989, p. 23. (1) OJ No L 380, 31. 12. 1990, p. 37. (2) OJ No L 340, 29. 12. 1994, p. 8.  ANNEX 1. ACTIONS TO BE TAKENThe programme is intended, in supporting and supplementing  the actions undertaken by Member States, to help people in the industry adapt to the, in  particular, European dimension of the market by promoting vocational training in the field of  economic and commercial management, including legal aspects, and new technologies (including the  protection and enhancement of the European film and audiovisual heritage). The actions will cover initial training and, in particular, continuing professional training. 1.1. Training in economic and commercial managementThis aims to develop the ability of people in  the industry to conceptualize and exploit the European dimension in the development, production,  distribution and broadcasting of audiovisual programmes. The actions will consist in: - promoting the elaboration and updating of training modules on management to supplement the  actions undertaken by Member States, - encouraging incorporation of the training modules into training actions taken by training  institutions, the professional sector and businesses, - networking of training programmes, facilitating exchanges of students/professionals by providing  grants and organizing work-experience placements in companies in other Member States and  contributing to teacher training, in particular distance learning, encouraging exchanges and  partnerships between countries and regions with a low production capacity and/or a restricted  linguistic and geographical area. 1.2. Training on new technologiesThe training aims to develop the ability of people in the  industry to use advanced creative techniques, such as animation, computer graphics, multimedia and  interactive technologies. The actions will consist in: - promoting the definition and updating of training modules on new audiovisual technologies, to  supplement measures taken by the Member States, - encouraging incorporation of the training modules into training actions taken by training  institutions, the professional sector and businesses, - networking of training measures, facilitating exchanges of teachers and students/professionals by  providing grants and organizing work-experience placements in companies in other Member States and  contributing to teacher training and especially distance learning, encouraging exchanges and  partnerships between countries and regions with a low production capacity and/or a restricted  linguistic and geographical area. 2. IMPLEMENTATION PROCEDURE2.1. ApproachIn implementing the programme, the Commission will work  closely with the Member States. It will also consult the partners concerned. It will ensure that  the professionals participating in the programme reflect a balanced representation of Europe's  cultural diversity. It will encourage cooperation between training institutions, the professional sector and business  and module designers from the start of the process. It will facilitate the placement of trainees, especially those from countries and regions with a  low production capacity and/or restricted linguistic and geographical area. 2.2. Community fundingCommunity funds are intended to support the efforts of the national partners  to supplement existing training courses with modules on management and new technologies. Community funding of up to 50 % (which may be increased up to 75 % in duly justified exceptional  cases) of total training costs will be within a framework of joint funding with public and/or  private partners. The procedure laid down in Article 4 shall be applied to determine: - allocation of funds for each type of action listed in points 1.1 and 1.2 of this Annex, and- the  Community contribution towards the costs of individual projects, selected following calls for  proposals. Module designers and training centres adopting them will be selected by calls for tender. 2.3. ImplementationThe Commission shall implement the programme in conformity with Article 4. 2.3.1. In implementing the programme, in particular the technical selection of projects, monitoring  and evaluation of projects benefiting from the programme's funding, the Commission will ensure that  it obtains the expertise of acknowledged specialists from the audiovisual sector in the field of  professional training. To this end, it can if necessary involve intermediary organizations which, on the basis of their  professional expertise, will provide technical assistance and will formulate proposals for the  choice of the beneficiaries, without prejudice to other selection methods. These organizations will  be chosen after calls for proposals and following the procedure described in Article 4 (2). The Commission shall make the final selection of beneficiaries from the programme's funding, in the  context of the dispositions of Article 4 (2). Furthermore, the Commission and the Member States shall organize the mutual exchange of information  useful in the implementation of the programme and take the necessary steps, particularly by  continuing the activities of the Media desks, to ensure the promotion of the programme and  encourage the greatest possible participation of professionals in its actions and ensure permanent  contacts with the different support institutions of the Member States for the purpose of achieving  complementarity between the actions under this programme and national support measures.


title: Council Decision 2012/392/CFSP of 16 July 2012 on the European Union CSDP mission in Niger (EUCAP Sahel Niger)

text:
               17.7.2012

               EN

               Official Journal of the European Union

               L 187/48

         COUNCIL DECISION 2012/392/CFSP
   of 16 July 2012
   on the European Union CSDP mission in Niger (EUCAP Sahel Niger)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 21 March 2011, the Council welcomed the European Union Strategy for Security and Development in the Sahel, underlining that the Union has a longstanding interest in reducing insecurity and improving development in the Sahel region. More recently, the intensification of terrorist actions and the consequences of the conflict in Libya have increased the urgency of protecting Union citizens and interests in the region and preventing the extension of those threats to the Union, while helping to reduce regional security threats.

               (2)

               On 23 March 2012, the Council approved the Crisis Management Concept for a possible common security and defence policy (CSDP) civilian mission in the Sahel.

               (3)

               On 1 June 2012, the Prime Minister of Niger addressed to the High Representative of the Union for Foreign Affairs and Security Policy (HR) an invitation letter with regard to the planned CSDP mission, welcoming the Union’s CSDP deployment with the aim of reinforcing the capacities of the Nigerien Security Forces, in particular to fight terrorism and organised crime in an effective, coherent and coordinated manner.

               (4)

               The Watch-Keeping Capability should be activated for EUCAP Sahel Niger.

               (5)

               EUCAP Sahel Niger will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty on European Union (TEU),

         HAS ADOPTED THIS DECISION:
   Article 1
   Mission
   The Union hereby establishes a European Union CSDP mission in Niger to support the capacity building of the Nigerien security actors to fight terrorism and organised crime (EUCAP Sahel Niger).
   Article 2
   Objectives
   In the context of the implementation of the European Union Strategy for Security and Development in the Sahel, EUCAP Sahel Niger shall aim at enabling the Nigerien authorities to implement the security dimension of their own Strategy for Security and Development, as well as at improving regional coordination in tackling common security challenges. In particular, EUCAP SAHEL Niger shall aim at contributing to the development of an integrated, multidisciplinary, coherent, sustainable, and human rights-based approach among the various Nigerien security actors in the fight against terrorism and organised crime.
   Article 3
   Tasks
   1.   In order to fulfil the objectives set out in Article 2, EUCAP Sahel Niger shall:

               (a)

               advise and assist in the implementation of the security dimension of the Nigerien Strategy for Security and Development at national level, complementary to other actors,

               (b)

               support the development of comprehensive regional and international coordination in the fight against terrorism and organised crime,

               (c)

               strengthen the rule of law through the development of the criminal investigation capacities, and in this context develop and implement adequate training programmes,

               (d)

               support the development of Nigerien Security Forces’ sustainability,

               (e)

               contribute to the identification, planning and implementation of projects in the security field.

         2.   EUCAP Sahel Niger shall initially focus on the activities mentioned in paragraph 1 which contribute to improving the control of the territory of Niger, including in coordination with the Nigerien Armed Forces.
   3.   EUCAP Sahel Niger shall not carry out any executive function.
   Article 4
   Chain of command and structure
   1.   EUCAP Sahel Niger shall have a unified chain of command as a crisis management operation.
   2.   EUCAP Sahel Niger shall have its Headquarters in Niamey.
   3.   EUCAP Sahel Niger shall be structured as follows:

               (a)

               Head of Mission;

               (b)

               Planning and Operations component, including regional liaison officers;

               (c)

               Mission Support component;

               (d)

               Reporting, Security, Analytical and Advisory/Public Information elements;

               (e)

               Brussels Support Element.

         4.   EUCAP Sahel Niger shall have a Project Cell for identifying and implementing projects. EUCAP Sahel Niger may, as appropriate, coordinate, facilitate and provide advice on projects implemented by Member States and third States under their responsibility, in areas related to EUCAP SAHEL Niger and in support of its objectives.
   Article 5
   Civilian Operation Commander
   1.   The Civilian Planning and Conduct Capability (CPCC) Director shall be the Civilian Operation Commander for EUCAP Sahel Niger.
   2.   The Civilian Operation Commander, under the political control and strategic direction of the Political and Security Committee (PSC) and overall authority of the HR, shall exercise command and control of EUCAP Sahel Niger at the strategic level.
   3.   The Civilian Operation Commander shall ensure, with regard to the conduct of operations, the proper and effective implementation of the Council’s decisions as well as the PSC’s decisions, including by issuing instructions at the strategic level as required to the Head of Mission and providing him with advice and technical support.
   4.   The Civilian Operation Commander shall report to the Council through the HR.
   5.   All seconded staff shall remain under the full command of the national authorities of the seconding State in accordance with national rules, or the Union institution concerned or of the European External Action Service (EEAS). Those authorities shall transfer Operational Control (OPCON) of their personnel, teams and units to the Civilian Operation Commander.
   6.   The Civilian Operation Commander shall have overall responsibility for ensuring that the Union’s duty of care is properly discharged.
   7.   The Civilian Operation Commander and the Head of Union delegation in Niamey shall consult each other as required.
   Article 6
   Head of Mission
   1.   The Head of Mission shall assume responsibility for, and exercise command and control of, EUCAP Sahel Niger at theatre level and shall be directly responsible to the Civilian Operation Commander.
   2.   The Head of Mission shall exercise command and control over personnel, teams and units from contributing States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility including over assets, resources and information placed at the disposal of EUCAP Sahel Niger.
   3.   The Head of Mission shall issue instructions to all EUCAP Sahel Niger staff, including the Brussels Support Element and regional liaison officers, for the effective conduct of the EUCAP Sahel Niger in theatre, assuming its coordination and day-to-day management, and following the instructions at the strategic level of the Civilian Operation Commander.
   4.   The Head of Mission shall be responsible for the implementation of the budget of EUCAP Sahel Niger. For this purpose, the Head of Mission shall sign a contract with the Commission.
   5.   The Head of Mission shall be responsible for disciplinary control over the staff. For seconded staff, disciplinary action shall be exercised by the national authority in accordance with national rules, by the Union institution concerned or by the EEAS.
   6.   The Head of Mission shall represent EUCAP Sahel Niger in the operations area and shall ensure appropriate visibility of EUCAP Sahel Niger.
   7.   The Head of Mission shall coordinate, as appropriate, with other Union actors on the ground. The Head of Mission shall, without prejudice to the chain of command, receive local political guidance from the Head of Union Delegation in Niger.
   8.   In the context of the Project Cell, the Head of Mission shall be authorised to seek recourse to financial contributions from the Member States or third States to implement projects identified as supplementing in a consistent manner EUCAP SAHEL Niger’s other actions, if the project is:

               (a)

               provided for in the Budgetary Impact Statement relating to this Decision; or

               (b)

               included in the course of EUCAP SAHEL Niger in the Budgetary Impact Statement at the request of the Head of Mission.

         In such a case the Head of Mission shall conclude an arrangement with the States concerned, covering in particular the specific procedures for dealing with any complaint from third parties concerning damage caused as a result of acts or omissions by the Head of Mission in the use of the funds provided by the contributing States.
   Under no circumstances shall the Union or the HR be held liable by contributing States as a result of acts or omissions by the Head of Mission in the use of funds from those States.
   Article 7
   Staff
   1.   EUCAP Sahel Niger shall consist primarily of staff seconded by Member States, Union institutions or the EEAS. Each Member State, Union institution, and the EEAS shall bear the costs related to any of the staff seconded by it, including travel expenses to and from the place of deployment, salaries, medical coverage and allowances other than applicable daily allowances.
   2.   The Member State, Union institution, or the EEAS respectively shall be responsible for answering any claims linked to the secondment from or concerning the member of staff seconded, and for bringing any action against that person.
   3.   International and local staff shall be recruited on a contractual basis by EUCAP Sahel Niger if the functions required cannot be provided by personnel seconded by Member States. Exceptionally, in duly justified cases, where no qualified applicants from Member States are available, nationals from participating third States may be recruited on a contractual basis, as appropriate.
   4.   The conditions of employment and the rights and obligations of international and local staff shall be laid down in contracts between the Head of Mission and the members of staff.
   Article 8
   Status of EUCAP Sahel Niger and of its staff
   The status of EUCAP Sahel Niger and its staff, including where appropriate the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EUCAP Sahel Niger, shall be the subject of an agreement concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union.
   Article 9
   Political control and strategic direction
   1.   The PSC shall exercise, under the responsibility of the Council and of the HR, political control and strategic direction of EUCAP Sahel Niger. The Council hereby authorises the PSC to take the relevant decisions in accordance with the third paragraph of Article 38 TEU. This authorisation shall include the powers to appoint a Head of Mission, upon a proposal of the HR, and to amend the Concept of Operations Plus (CONOPS Plus) and the Operation Plan (OPLAN). The powers of decision with respect to the objectives and termination of the EUCAP Sahel Niger shall remain vested in the Council.
   2.   The PSC shall report to the Council at regular intervals.
   3.   The PSC shall receive, on a regular basis and as required, reports by the Civilian Operation Commander and the Head of Mission on issues within their areas of responsibility.
   Article 10
   Participation of third States
   1.   Without prejudice to the decision-making autonomy of the Union and its single institutional framework, third States may be invited to contribute to EUCAP Sahel Niger, provided that they bear the cost of the staff seconded by them, including salaries, all risk insurance cover, daily subsistence allowances and travel expenses to and from Niger, and that they contribute to the running costs of EUCAP Sahel Niger, as appropriate.
   2.   Third States contributing to EUCAP Sahel Niger shall have the same rights and obligations in terms of the day-to-day management of EUCAP Sahel Niger as Member States.
   3.   The Council hereby authorises the PSC to take the relevant decisions on acceptance of the proposed contributions and to establish a Committee of Contributors.
   4.   Detailed arrangements regarding the participation of third States shall be covered by agreements concluded in accordance with Article 37 TEU and additional technical arrangements as necessary. Where the Union and a third State conclude or have concluded an agreement establishing a framework for the participation of that third State in Union crisis-management operations, the provisions of that agreement shall apply in the context of EUCAP Sahel Niger.
   Article 11
   Security
   1.   The Civilian Operation Commander shall direct the Head of Mission’s planning of security measures and ensure their proper and effective implementation by EUCAP Sahel Niger in accordance with Article 5.
   2.   The Head of Mission shall be responsible for the security of EUCAP Sahel Niger and for ensuring compliance with minimum security requirements applicable to EUCAP Sahel Niger, in line with the policy of the Union on the security of personnel deployed outside the Union in an operational capacity under Title V TEU, and its supporting instruments.
   3.   The Head of Mission shall be assisted by a Mission Security Officer (MSO), who shall report to the Head of Mission and also maintain a close functional relationship with the EEAS.
   4.   The EUCAP Sahel Niger staff shall undergo mandatory security training before taking up their duties, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the MSO.
   5.   The Head of Mission shall ensure the protection of EU classified information in accordance with Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (1).
   Article 12
   Watch-Keeping Capability
   The Watch-Keeping Capability shall be activated for EUCAP Sahel Niger.
   Article 13
   Financial arrangements
   1.   The financial reference amount intended to cover the expenditure related to EUCAP Sahel Niger for the first 12 months shall be EUR 8 700 000. The financial reference amount for the subsequent periods shall be decided by the Council.
   2.   All expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the Union.
   3.   Nationals of participating third States and of host and neighbouring countries shall be allowed to tender for contracts. Subject to the Commission’s approval, the Head of Mission may conclude technical arrangements with Member States, participating third States, and other international actors regarding the provision of equipment, services and premises to EUCAP Sahel Niger.
   4.   The financial arrangements shall respect the operational requirements of EUCAP Sahel Niger including compatibility of equipment and interoperability of its teams.
   5.   The Head of Mission shall report fully to, and be supervised by, the Commission on the activities undertaken in the framework of his/her contract.
   6.   The expenditure related to EUCAP Sahel Niger shall be eligible as of the date of adoption of this Decision.
   Article 14
   Consistency of the Union’s response and coordination
   1.   The HR shall ensure the consistency of the implementation of this Decision with the Union’s external action as a whole, including the Union’s development programmes.
   2.   Without prejudice to the chain of command, the Head of Mission shall act in close coordination with the Union’s delegation in Niamey to ensure the consistency of Union action in Niger.
   3.   The Head of Mission shall coordinate closely with Member States’ Heads of Missions present in Niger.
   Article 15
   Release of information
   1.   The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of EUCAP Sahel Niger, EU classified information up to ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ level generated for the purposes of EUCAP Sahel Niger, in accordance with Decision 2011/292/EU.
   2.   In the event of a specific and immediate operational need, the HR shall also be authorised to release to the host State any EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level which are generated for the purposes of EUCAP Sahel Niger, in accordance with Decision 2011/292/EU. Arrangements between the HR and the competent authorities of the host State shall be drawn up for this purpose.
   3.   The HR shall be authorised to release to the third States associated with this Decision any EU non-classified documents connected with the deliberations of the Council relating to EUCAP Sahel Niger and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure (2).
   4.   The HR may delegate the powers referred to in paragraphs 1 to 3, as well as the ability to conclude the arrangements referred to in paragraph 2 to persons placed under his/her authority, to the Civilian Operations Commander and/or to the Head of Mission.
   Article 16
   Entry into force and duration
   This Decision shall enter into force on the day of its adoption.
   It shall apply for a period of 24 months.

      Done at Brussels, 16 July 2012.

            For the Council

            The President

         S. ALETRARIS

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

      (2)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35).


Important legal notice

|

31990Y0330(01)

Decision No 142 of 13 February 1990 concerning the application of Articles 73, 74 and 75 of Regulation (EEC) No 1408/71

Official Journal C 080 , 30/03/1990 P. 0007 - 0008

		Decision No 142 of 13 February 1990 concerning the application of Articles 73, 74 and 75 of Regulation (EEC) No 1408/71(90/C 80/05)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, self-employed persons, and members of their families moving within the Community, under which it is made responsible for dealing with all administrative questions and questions of interpretation arising from Regulation (EEC) No 1408/71 and subsequent Regulations,Having regard to Council Regulation (EEC) No 3427/89 of 30 October 1989 which introduces a uniform solution for all the Member States to the problem of paying family benefits to members of the family not residing in the territory of the competent State,Whereas Decision No 77 of 22 February 1973, published in the Official Journal of the European Communities No C 75 of 19 September 1973, has lapsed following the entry into force of the aforementioned Council Regulation (EEC) No 3427/89 but whereas, account being taken of the provisions of the said Regulation, there are grounds for adopting a new Decision,Whereas it is important(a) to know the date from which the French competent institution will begin paying to employed persons the family benefits provided for in Articles 73 and 74 of Regulation (EEC) No 1408/71;(b) to specify the provisions applicable up to that date;and(c) to fix the time limit for the submission to the French competent institution of the application forms for the refund of family allowances provided in the country of residence of members of the family;Whereas, moreover, there are grounds for specifying the rate of conversion of currencies to be used for the purposes of Articles 73 and 74;Whereas, lastly, the deadlines should be fixed for claims for family benefits pursuant to the aforementioned Articles 73 and 74,HAS DECIDED AS FOLLOWS:1. (a) Without prejudice to the date of application of Regulation (EEC) No 3427/89, French family benefits due to employed persons pursuant to Articles 73 and 74 of Regulation (EEC) No 1408/71 shall be paid to them at their request by the competent French institution in accordance with the provisions of Article 75 of the said Regulation, with effect from 1 April 1990.(b) As an interim measure, the provisions of the former Articles 73 (2), 74 (2) and 75 (2) (a) and (b) of Regulation (EEC) No 1408/71 and of the former Articles 87 and 89 of Regulation (EEC) No 574/72 shall continue to apply until 31 March 1990 inclusive: family allowances provided under this interim measure shall be refunded by the French competent institution in accordance with the conditions laid down in the former Article 75 (2) (c) of Regulation (EEC) No 1408/71 and in the former Articles 98 and 102 (2) of Regulation (EEC) No 574/72.(c) Individual application forms relating to the refund of family allowances provided for periods prior to 1 April 1990 by the institution of the place of residence of members of employed persons' and unemployed persons' families subject to French legislation must be transmitted by this institution to the French competent institution by 1 April 1992.2. For the purposes of Articles 73 and 74 of Regulation (EEC) No 1408/71, where the grant of one or more family benefits is subject to a means test, the competent institution shall, where necessary, convert into its currency the amount of income earned abroad or coming from abroad, using the rate of conversion provided for in Article 107 (1) of Regulation (EEC) No 574/72.The rate of conversion to be taken into account shall be the rate applicable on the last day of the reference period as fixed by the legislation which the competent institution administers in applying the means test.3. With regard to claims for family benefits under Articles 73 and 74, the deadlines laid down by national legislation shall apply; for employed persons subject to French legislation, however, the bi-annual deadline laid down by it shall be suspended until 31 March 1990 inclusive and shall apply only from 1 April 1990.4. This Decision shall be applicable from the first day of the month following its publication in the Official Journal of the European Communities.Done at Brussels, 13 February 1990.The Chairman of the Administrative CommissionE. Mc Cumiskey--------------------------------------------------


title: Council Decision (CFSP) 2015/331 of 2 March 2015 extending the mandate of the European Union Special Representative in Afghanistan

text:
               3.3.2015

               EN

               Official Journal of the European Union

               L 58/66

         COUNCIL DECISION (CFSP) 2015/331
   of 2 March 2015
   extending the mandate of the European Union Special Representative in Afghanistan
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and, in particular Article 33 and Article 31(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 22 July 2013, the Council adopted Decision 2013/393/CFSP (1) appointing Mr Franz-Michael SKJOLD MELLBIN as the European Union Special Representative (EUSR) in Afghanistan. The EUSR's mandate is to expire on 28 February 2015.

               (2)

               The mandate of the EUSR should be extended for a further period of eight months.

               (3)

               The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Franz-Michael SKJOLD MELLBIN as the EUSR in Afghanistan is extended until 31 October 2015. The Council may decide that the mandate of the EUSR be terminated earlier, based on an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   The EUSR shall represent the Union and promote Union policy objectives in Afghanistan, in close coordination with Member States' representatives in Afghanistan. More specifically, the EUSR shall:

               (a)

               contribute to the implementation of the EU-Afghanistan Joint Declaration and the EU Strategy in Afghanistan 2014-16;

               (b)

               support the Union-Afghanistan political dialogue;

               (c)

               support the pivotal role played by the United Nations (UN) in Afghanistan with particular emphasis on contributing to better coordinated international assistance, thereby promoting the implementation of the Bonn, Chicago, Tokyo and London Conference Communiqués, as well as relevant UN Resolutions.

         Article 3
   Mandate
   In order to fulfil the mandate, the EUSR shall, in close cooperation with Member States' representatives in Afghanistan:

               (a)

               promote the views of the Union on the political process and developments in Afghanistan;

               (b)

               maintain close contact with, and support the development of, relevant Afghan institutions, in particular the Government and the Parliament as well as the local authorities. Contact should also be maintained with other Afghan political groups and other relevant actors in Afghanistan, in particular relevant civil society actors;

               (c)

               maintain close contact with relevant international and regional stakeholders in Afghanistan, in particular the Special Representative of the Secretary-General of the UN and the Senior Civilian Representative of the North Atlantic Treaty Organisation (NATO) and other key partners and organisations;

               (d)

               advise on the progress achieved in meeting the objectives of the EU-Afghanistan Joint Declaration, of the EU Strategy in Afghanistan 2014-16 and of the of the Bonn, Chicago, Tokyo and London Conference Communiqués, in particular in the following areas:

                           (i)

                           civilian capacity building, especially at sub-national level;

                           (ii)

                           good governance and the establishment of institutions necessary for the existence of the rule of law, in particular an independent judiciary;

                           (iii)

                           electoral and constitutional reforms;

                           (iv)

                           security sector reforms, including the strengthening of judicial institutions and the rule of law, the national army and the police force, and in particular the development of the civilian police service;

                           (v)

                           promotion of growth, namely through agriculture and rural development;

                           (vi)

                           respect for Afghanistan's international human rights obligations, including respect for the rights of persons belonging to minorities and the rights of women and children;

                           (vii)

                           respect of democratic principles and the rule of law;

                           (viii)

                           fostering participation of women in public administration, civil society and, in accordance with UN Security Council Resolution 1325(2000), the peace process;

                           (ix)

                           respect for Afghanistan's international obligations, including cooperation in international efforts to combat terrorism, illicit drug trafficking, trafficking in human beings and proliferation of arms and weapons of mass destruction and related materials;

                           (x)

                           facilitation of humanitarian assistance and the orderly return of refugees and internally displaced persons; and

                           (xi)

                           enhancing the effectiveness of Union presence and activities in Afghanistan and contributing to the formulation of the regular implementation reports on the EU Strategy in Afghanistan 2014-16, as requested by the Council;

               (e)

               actively participate in local coordination fora such as the Joint Coordination and Monitoring Board, while keeping non-participating Member States fully informed of decisions taken at these levels;

               (f)

               advise on the participation and the positions of the Union in international conferences with regard to Afghanistan;

               (g)

               take an active role in promoting regional cooperation through relevant initiatives including the Istanbul Process and the Regional Economic Conference on Afghanistan (RECCA);

               (h)

               contribute to the implementation of the Union's human rights policy and the EU Guidelines on Human Rights, in particular with regard to women and children in conflict-affected areas, especially by monitoring and addressing developments in this regard;

               (i)

               provide, as appropriate, support to an inclusive and Afghan-led peace process leading to a political settlement consistent with the ‘red lines’ agreed at the Bonn Conference.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
   2.   The PSC shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS) and the relevant departments thereof.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March 2015 to 31 October 2015 shall be EUR 3 975 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of the EUSR's mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall promptly and regularly inform the Council and the Commission of the composition of the team.
   2.   Member States, institutions of the Union and the EEAS may propose the secondment of personnel to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to work with the EUSR. Internationally contracted personnel shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and the staff of the EUSR
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of the EUSR's staff shall be agreed with the host country, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of his team shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (2).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with the EUSR's mandate and the security situation in the geographical area of responsibility, for the security of all personnel under the EUSR's direct authority, in particular by:

               (a)

               establishing a specific security plan based on guidance from the EEAS, including specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the geographic area, as well as management of security incidents and an office contingency and evacuation plan;

               (b)

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

               (c)

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

               (d)

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

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with reports. The EUSR shall also report to Council working parties as necessary. Regular reports shall be circulated through the COREU network. The EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.
   Article 12
   Coordination
   1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union's action and shall help ensure that all Union instruments and Member States' actions are engaged consistently, to attain the Union's policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as with the Union's delegation in Pakistan. The EUSR shall provide Member States' missions and Union delegations with regular briefings.
   2.   In the field, close liaison shall be maintained with the Member States' Heads of missions and Heads of the Union delegations. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall provide the Head of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) with local political guidance. The EUSR and the Civilian Operation Commander shall consult each other as required. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Assistance in relation to claims
   The EUSR and his staff shall assist in providing elements to respond to any claims and obligations arising from the mandates of the previous EUSRs in Afghanistan, and shall provide administrative assistance and access to relevant files for such purposes.
   Article 14
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a comprehensive mandate implementation report by the end of August 2015.
   Article 15
   Entry into force
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 March 2015.

      Done at Brussels, 2 March 2015.

            For the Council

            The President

         D. REIZNIECE-OZOLA

      (1)  Council Decision 2013/393/CFSP of 22 July 2013 amending Decision 2013/382/CFSP extending the mandate of the European Union Special Representative in Afghanistan (OJ L 198, 23.7.2013, p. 47).

      (2)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).