title: Council Decision of 14 November 2016 appointing the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Greece

text:
               16.11.2016

               EN

               Official Journal of the European Union

               C 421/4

         COUNCIL DECISION
   of 14 November 2016
   appointing the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Greece
   (2016/C 421/04)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (1), and in particular Articles 23 and 24 thereof,
   Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,
   Whereas:

               (1)

               By its Decision of 20 September 2016 (2), the Council appointed the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 25 September 2016 to 24 September 2018.

               (2)

               The government of Greece has submitted further nominations for several posts to be filled,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 25 September 2016 to 24 September 2018:
   I.   GOVERNMENT REPRESENTATIVES

               Country

               Members

               Alternate members

               Greece

               Mr Georgios NERANTZIS
               Ms Panagiota STAMATIOU

               Ms Christina LEVENTAKOU

   II.   TRADE UNION REPRESENTATIVES

               Country

               Members

               Alternate members

               Greece

               Mr Efthymios KATSIKAS
               Mr Athanasios VASILOPOULOS

               Mr Themistoklis GRIGORIADIS

   III.   EMPLOYERS' ASSOCIATIONS REPRESENTATIVES

               Country

               Members

               Alternate members

               Greece

               Ms Rena BARDANI
               Ms Evangelia ARANITOU

               Mr Nikolaos ZOITOS

         Article 2
   The Council shall appoint members and alternate members not yet nominated at a later date.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 14 November 2016.

            For the Council

            The President

         G. MATEČNÁ

      (1)  OJ L 141, 27.5.2011, p. 1.

      (2)  Council Decision of 20 September 2016 appointing the members and alternate members of the Advisory Committee on Freedom of Movement for Workers (OJ C 348, 23.9.2016, p. 3.)


title: Decision (EU) 2016/1162 of the European Central Bank of 30 June 2016 on disclosure of confidential information in the context of criminal investigations (ECB/2016/19)

text:
               16.7.2016

               EN

               Official Journal of the European Union

               L 192/73

         DECISION (EU) 2016/1162 OF THE EUROPEAN CENTRAL BANK
   of 30 June 2016
   on disclosure of confidential information in the context of criminal investigations (ECB/2016/19)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 12.3 thereof,
   Having regard to Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (1), and in particular Articles 23 and 23a thereof,
   Whereas:

               (1)

               With the establishment of the single supervisory mechanism (SSM), both the European Central Bank (ECB) and national competent authorities (NCAs) could receive requests from national criminal investigation authorities for the disclosure of confidential information created or received in the course of carrying out their supervisory tasks and responsibilities.

               (2)

               Pursuant to Article 136 of Regulation (EU) No 468/2014 of the European Central Bank (ECB/2014/17) (2), where, in carrying out its tasks under Council Regulation (EU) No 1024/2013 (3), the ECB has reason to suspect that a criminal offence may have been committed, it will request the relevant NCA to refer the matter to the appropriate authorities for investigation and possible criminal prosecution, in accordance with national law.

               (3)

               There is a history of cooperation between NCAs and national criminal investigation authorities in dealing with access to confidential information about supervised entities or supervised groups, within the meaning of Article 2(20) and Article 2(21), respectively, of Regulation (EU) No 468/2014 (ECB/2014/17), in accordance with national law. The conditions for such cooperation and for disclosure of confidential information to national criminal investigation authorities are largely determined by national law. However, Union law has certain implications for the conditions under which confidential information held by competent authorities, including the ECB, within the SSM may be disclosed to national criminal investigation authorities upon their request. Those Union law provisions establish, for example, the principle of sincere cooperation, the principles of cooperation in good faith and the obligation to exchange information within the SSM, the obligation to protect personal data and the obligation of professional secrecy.

               (4)

               In addition to applying to the disclosure of confidential information related to the tasks conferred on the ECB by Regulation (EU) No 1024/2013, including information held by an NCA when assisting the ECB in the exercise of the ECB's tasks under that Regulation, such conditions may in principle also apply to disclosure of confidential information related to monetary policy and other ESCB/Eurosystem-related tasks.

               (5)

               The ECB should uphold its duty of professional secrecy and its duty to safeguard its functioning and independence. In addition, the ECB should continue to respect the public interest and certain private interests, which includes refraining from disclosing certain documents or information where such disclosure would undermine those interests. However, these duties should not lead to an absolute prohibition on disclosure by the ECB to national criminal investigation authorities of confidential information covered by the obligation of professional secrecy.

               (6)

               Union law provides that confidentiality of certain information or documents must be protected, including personal data, and, subject to certain exceptions, prohibits disclosure to third parties of confidential information or documents. In particular, pursuant to the rules on professional secrecy contained in Directive 2013/36/EU of the European Parliament and of the Council (4), confidential information received in the course of their duties by ‘persons working for or who have worked for competent authorities, and auditors or experts acting on behalf of competent authorities’, may be disclosed only in summary or aggregate form, such that individual credit institutions cannot be identified, without prejudice to cases covered by criminal law.

               (7)

               Pursuant to Article 37.2 of the Statute of the European System of Central Banks and of the European Central Bank, persons having access to data covered by Union legislation imposing an obligation of secrecy should be subject to such legislation.

               (8)

               A procedural framework for the management of requests received by the ECB, NCAs or national central banks (NCBs) from national criminal investigation authorities for confidential information related to the tasks conferred on the ECB by Regulation (EU) No 1024/2013, including information held by an NCA or NCB when assisting the ECB in the exercise of the ECB's tasks under Regulation (EU) No 1024/2013, or related to monetary policy and other ESCB/Eurosystem-related tasks has not yet been established in Union law. However, the application of national procedural rules which apply to such requests should be consistent with the general principles of Union law, in particular the principle of sincere cooperation, and the principle of cooperation in good faith and the obligation to exchange information as provided for in Article 6 of Regulation (EU) No 1024/2013. In this regard, in accordance with Union law the ECB would welcome being consulted on or informed of, as appropriate, requests for confidential information related to the tasks conferred on the ECB by Regulation (EU) No 1024/2013, including information held by an NCA or NCB when assisting the ECB in the exercise of the ECB's tasks under Regulation (EU) No 1024/2013, or related to monetary policy and other ESCB/Eurosystem-related tasks, which are received by an NCA or NCB from national criminal investigation authorities.

               (9)

               This Decision should not apply to requests for access to information concerning persons who have an employment relationship with the ECB or a direct or indirect contractual relationship with the ECB for the execution of works, the supply of products or the provision of services.

               (10)

               This Decision should therefore set out the conditions applied by the ECB with regard to the disclosure by the NCAs and NCBs of confidential information related to the tasks conferred on the ECB by Regulation (EU) No 1024/2013 or to monetary policy and other ESCB/Eurosystem-related tasks to a national criminal investigation authority and the related procedural framework.

               (11)

               The ECB's Compliance and Governance Office acts as coordinator, within the ECB, of requests for access to documents falling within the scope of this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   For the purposes of this Decision, the following definitions apply:

               (a)

               ‘confidential information’ means any confidential information, including information covered by data protection rules, by the obligation of professional secrecy, by the professional secrecy rules contained in Directive 2013/36/EU or documents classified as ‘ECB-CONFIDENTIAL’ or ‘ECB-SECRET’ under the ECB's confidentiality regime, and excluding any information concerning persons who have an employment relationship with the ECB or a direct or indirect contractual relationship with the ECB for the execution of works, the supply of products or the provision of services;

               (b)

               ‘national criminal investigation authority’ means a national authority with competence in criminal law matters;

               (c)

               ‘national competent authority’ (NCA) has the same meaning as defined in Article 2(2) of Regulation (EU) No 1024/2013. This meaning is without prejudice to arrangements under national law that assign certain supervisory tasks to an NCB that is not designated as an NCA. With regard to such arrangements, a reference to an NCA in this Decision shall also refer to the NCB in respect of the supervisory tasks assigned to it by national law.

         Article 2
   Requests received by the ECB from national criminal investigation authorities
   1.   At the request of a national criminal investigation authority, the ECB may provide confidential information held by it and related to the tasks conferred on the ECB by Regulation (EU) No 1024/2013, or to monetary policy or other ESCB/Eurosystem-related tasks to an NCA or NCB for disclosure to the national criminal investigation authority in question under the following conditions:

               (a)

               the NCA or NCB in question commits to acting on behalf of the ECB in responding to such a request;

               (b)

               either: (i) there is an express obligation to disclose such information to a national criminal investigation authority under Union or national law; or (ii) the relevant legal framework permits the disclosure of such confidential information and there are no overriding reasons for refusing to disclose such information relating to the need to safeguard the interests of the Union or to avoid any interference with the functioning and independence of the ECB, in particular by jeopardising the accomplishment of its tasks;

               (c)

               the NCA or NCB in question commits to asking the requesting national criminal investigation authority to guarantee the protection from public disclosure of the confidential information provided.

         2.   Paragraph 1 is without prejudice to any specific provisions under Union or national law related to disclosure of such confidential information.
   Article 3
   Requests received by NCAs or NCBs from national criminal investigation authorities
   1.   The ECB shall request the NCAs and NCBs to agree that on receipt of a request from a national criminal investigation authority for disclosure of confidential information related to the tasks conferred on the ECB by Regulation (EU) No 1024/2013, or to monetary policy or other ESCB/Eurosystem-related tasks, they consult the ECB, where possible, on how to respond to the request, irrespective of whether the ECB, or the NCA or NCB concerned holds the information in question. The ECB shall advise as to whether the information in question may be disclosed, and, where applicable, whether there are overriding reasons relating to the need to safeguard the interests of the Union or to avoid any interference with the functioning and independence of the ECB for refusing to disclose the confidential information concerned. The ECB shall advise the NCA or NCB, provided that it is consulted in a timely manner before the NCA or NCB makes a final decision and provides a final response to the request.
   2.   The ECB shall request the NCAs to agree to inform the ECB in a timely manner and, in any event, before providing a final response, of requests for confidential information received from national criminal investigation authorities concerning less significant credit institutions directly supervised by the NCA concerned in the exercise of its supervisory responsibilities under Regulation (EU) No 1024/2013, where that NCA considers that the information requested is material, or that disclosure thereof has the potential to adversely affect the reputation of the SSM. The ECB shall use its best efforts to provide its response by the deadline set by the NCA concerned, provided the deadline is reasonable, objectively justifiable and expires before the NCA takes a final decision and provides a final response to the national criminal investigation authority.
   3.   The ECB shall request the NCAs and the NCBs to agree to regularly inform the ECB of all requests from national criminal investigation authorities where the ECB was not consulted, in accordance with paragraph 1 or informed in accordance with paragraph 2, for reasons beyond their control and, if possible, of any information disclosed by reason of those requests.
   Article 4
   Entry into force
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 30 June 2016.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 80, 18.3.2004, p. 33.

      (2)  Regulation (EU) No 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (SSM Framework Regulation) (ECB/2014/17) (OJ L 141, 14.5.2014, p. 1).

      (3)  Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).

      (4)  Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).


title: Council Decision 2004/901/CFSP of 22 December 2004 amending Decision 1999/730/CFSP implementing Joint Action 1999/34/CFSP with a view to a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Cambodia

text:
               24.12.2004

               EN

               Official Journal of the European Union

               L 379/111

      COUNCIL DECISION 2004/901/CFSP
   of 22 December 2004
   amending Decision 1999/730/CFSP implementing Joint Action 1999/34/CFSP with a view to a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Cambodia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Joint Action 1999/34/CFSP of 17 December 1998 on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons (1), and in particular Article 6 thereof, in conjunction with Article 23(2) of the Treaty on European Union,
   Whereas:

               (1)

               On 15 November 1999 the Council adopted Decision 1999/730/CFSP (2) concerning a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Cambodia, in implementation of Joint Action 1999/34/CFSP.

               (2)

               On 22 November 2004 the Council adopted Decision 2004/792/CFSP (3), extending Decision 1999/730/CFSP until 15 November 2005.

               (3)

               The terms of reference for the Project Manager should be adapted for the purposes of the implementation of the projects covered by Decision 1999/730/CFSP for the relevant period in 2005,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Annex to Decision 1999/730/CFSP is hereby replaced by the Annex to this Decision.
   Article 2
   This Decision shall take effect on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 December 2004.

            For the Council

            The President

         C. VEERMAN

      (1)  OJ L 9, 15.1.1999, p. 1.

      (2)  OJ L 294, 16.11.1999, p. 5.

      (3)  OJ L 348, 24.11.2004, p. 47.

      ANNEX
      TERMS OF REFERENCE FOR THE PROJECT MANAGER (2005)

                  1.

                  For the purposes of Article 1(c), the Project Manager, in cooperation with the Cambodian Armed Forces, will continue the work related to record keeping and the management and security of weapons stocks and to developing policies, guidelines and practices in this area. To that end, the Project Manager will monitor the projects previously implemented in Military Region 1 (Stung Treng), Military Region 2 (Kampong Cham), Military Region 3 (Kampong Speu), Military Region 4 (Siem Reap) and Military Region 5 (Battambang). In close cooperation with the Ministry of National Defence, he will define and implement a further project on safe storage and registration of weapons of the Royal Gendarmerie in all twenty-four provinces. This will include the building of medium and short-term storage facilities, training of the relevant personnel at all levels and the registration of all weapons in the centralised computer database of the Ministry of Defence. The Project Manager will organise, under the same conditions, a similar project in the Special Military Region of Phnom Penh and continue, at national level, the efforts regarding training, systems development and the recording of arms. The projects implemented are to include assistance, with the support of relevant experts, to the Government's programme of larger and smaller public ceremonies for the destruction of surplus military weapons, where appropriate, of collected weapons and of surplus weapons that may still be held by the army and police and security forces.

                  2.

                  The Project Manager will, as far as possible, monitor the activities that were previously implemented as part of the EU ASAC programme, including progress of the draft Arms Law through the National Assembly and its subsequent implementation, assistance to the Government's programme of collecting hidden and illegally held weapons and the training of members of the Commune Councils in weapons security and public awareness programmes on weapons security. When required, the Project Manager will continue to advise — and where possible assist — the Government, international organisations and local NGOs on issues relating to weapons security and EU ASAC's current and previous activities.

                  3.

                  The Project Manager will ensure that appropriate procedures are established for effective monitoring and evaluation of activities. To this end, he will seek full cooperation from the Government of Cambodia and the police and security forces.

                  4.

                  The Project Manager will encourage and assist other donors to support efforts to reduce and control small arms and light weapons and will stand ready, as appropriate, to carry out such projects with other donors within the limits of his powers under these terms of reference. Bearing in mind the European Union's vanguard position in this domain, he will ensure that he plays a pivotal role in international efforts and, where appropriate, will contribute to the management of projects supported by other donors.

                  5.

                  The Project Manager will draw up plans for the completion of the work related to record keeping and the management and security of weapons stocks for the Cambodian Armed Forces by the end of June 2006 and for the closing of the project for European Union support in reducing and controlling small arms and light weapons in Cambodia shortly thereafter.


Avis juridique important

|

32002D0223

2002/223/EC: Council Decision of 19 December 2001 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) concerning additional funding in 2001 under the current EC-UNRWA Convention for the years 1999 to 2001

Official Journal L 075 , 16/03/2002 P. 0046 - 0046

Council Decisionof 19 December 2001on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) concerning additional funding in 2001 under the current EC-UNRWA Convention for the years 1999 to 2001(2002/223/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 181 in conjunction with the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission(1),Having regard to the assent of the European Parliament(2),Whereas:(1) The current crisis in the Middle East has put additional burden on UNRWA.(2) The Community assistance to UNRWA is an important element in stabilising the situation in the Middle East and furthermore forms part of the campaign against poverty in developing countries and therefore contributes to the sustainable economic and social development of the population concerned and the host countries in which the population lives.(3) Support of UNRWA operations would be likely to contribute to the attainment of the Community objectives described above.(4) The current Convention between the European Community and the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) for the years 1999 to 2001 (EC-UNRWA Convention(3)), and in particular Article 6 thereof, envisages adjustments to the financial contributions,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters between the European Community and the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning an additional contribution of EUR 15 million to the existing funding in 2001 under the current Convention is hereby approved.The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in order to bind the Community.Done at Brussels, 19 December 2001.For the CouncilThe PresidentA. Neyts-Uyttebroeck(1) Proposal of 7 December 2001 (not yet published in the Official Journal).(2) Opinion delivered on 12 December 2001 (not yet published in the Official Journal).(3) OJ L 261, 7.10.1999, p. 37.


title: Council Decision adopting the Council’s position on draft amending budget No 5 of the European Union for the financial year 2015

text:
               24.6.2015

               EN

               Official Journal of the European Union

               C 207/6

         COUNCIL DECISION
   adopting the Council’s position on draft amending budget No 5 of the European Union for the financial year 2015
   (2015/C 207/06)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,
   Whereas:

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council’s position on draft amending budget No 5 of the European Union for the financial year 2015 was adopted on 19 June 2015.
   The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

      Done at Luxembourg, on 19 June 2015.

            For the Council

            The President

         J. REIRS

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

      (2)  OJ L 69, 13.3.2015, p. 1.


Avis juridique important

|

31998D0325(01)

Decision No 9/97 concerning public access to administrative documents of the European Monetary Institute (EMI)

Official Journal L 090 , 25/03/1998 P. 0043 - 0044

DECISION No 9/97 concerning public access to administrative documents of the European Monetary Institute (EMI)THE COUNCIL OF THE EUROPEAN MONETARY INSTITUTE,Having regard to the Treaty establishing the European Community and in particular Article 109f thereof,Having regard to the Statute of the EMI and in particular Article 9 thereof,Whereas the declaration on the right of access to information annexed to the final act of the Treaty on European Union emphasises that transparency of the decision-making process strengthens the democratic nature of the institutions and the public's confidence in the administration;Whereas the European Ombudsman has issued a Decision in the own-initiative inquiry into public access to documents (1); whereas the recommendations of that Decision apply to the EMI only in relation to administrative documents;Considering it desirable to establish the principles which will govern access to administrative documents of the EMI;Whereas the European Councils in Birmingham and Edinburgh agreed on a number of principles to promote a Community closer to its citizens;Whereas the European Council in Copenhagen reaffirmed the principle of giving citizens the greatest possible access to information;Whereas citizens have a legitimate interest in the organisation and functioning of institutions and bodies that are paid for from public funds;Whereas Article 10(1) of the Statute of the EMI states that the proceedings of the Council meetings shall be confidential and that the Council of the EMI may, acting unanimously, decide to make the outcome of its deliberations public;Whereas Article 11(1) of the EMI Rules of Procedure states that the proceedings of the Council and of any committee or group established by the Council shall be confidential unless the Council, acting unanimously, authorises the President to make the outcome of their deliberations public;Whereas Article 11(2) of the EMI Rules of Procedure provides that all documents drawn up by the EMI shall be confidential unless the Council of the EMI decides otherwise;Whereas this Decision is an additional element in the EMI's information and communication policy; whereas clear rules can promote good administration, by helping officials deal accurately and promptly with requests from the public for documents;Whereas the EMI, before granting access to any document containing information obtained from the central bank of a Member State, will consult this central bank;Whereas, in accordance with Article 9(5) of the Statute of the EMI, the President of the EMI is responsible for the day-to-day management of the EMI;Whereas this Decision does not constitute a precedent for the position of the European Central Bank on this matter,HAS DECIDED AS FOLLOWS:Article 1 1. The public shall have access to EMI administrative documents according to the provisions of this Decision.2. 'EMI administrative document` means any record, whatever its medium, which contains existing data and which relates to the actual organisation and functioning of the EMI.Article 2 An application for access to an EMI administrative document shall be sent in writing to the EMI (2). The EMI services shall endeavour to comply with the application. If the application is not made in a sufficiently precise manner or does not contain information to enable the document requested to be identified, the EMI services shall ask the applicant to complete the application by providing further details.Article 3 1. An applicant shall have access to an EMI administrative document either by consulting it at the premises of the EMI, or by having a copy sent at the applicant's own expense. A reasonable fee for each such access, reflecting the costs of meeting the request, may be set by the President.2. The EMI services shall endeavour to find a fair solution to deal with repeated applications by the same applicant for the same administrative document and those which relate to a large number of or very long administrative documents.3. No one who has been given access to an EMI administrative document in accordance with this Article may reproduce or circulate the document for commercial purposes through direct sale without prior authorisation from the EMI, which may be withheld without the requirement to give a reason.Article 4 Access to an EMI administrative document shall not be granted where its disclosure could undermine:- the protection of the public interest, in particular public security, international relations, monetary and exchange-rate stability, court proceedings, inspections and investigations,- the protection of the individual and of privacy,- the protection of copyright and of commercial, banking and industrial secrecy,- the protection of the EMI's financial interests,- the protection of confidentiality as requested by the natural or legal person who supplied any of the information contained in the document or as required by the law applicable to that person.Article 5 1. The EMI services shall endeavour to deal with the application within a reasonable period. At the latest within one month, the applicant shall be informed in writing by the Secretary-General of the EMI either that the application has been approved or that the intention is to reject it. In the latter case, the applicant shall also be informed of the grounds for this intention and that the applicant has one month to make a confirmatory application for the position to be reconsidered, failing which the applicant will be deemed to have withdrawn the original application.2. Failure to reply to an application within one month of submission shall be equivalent to a rejection, except where the applicant makes a confirmatory application, as referred to above, within the following month.3. A decision on a confirmatory application shall be taken by the Council of the EMI within one month of its receipt.4. Any decision to reject a confirmatory application shall state the grounds on which it is based. The applicant shall be notified of the decision in writing as soon as possible and at the same time be informed of the content of Articles 109f(9), 138e and 173 of the Treaty establishing the European Community, relating respectively to the conditions for referral to the Ombudsman by natural persons and review by the Court of Justice of the legality of EMI acts.5. Failure to reply within one month of submitting the confirmatory application shall be equivalent to a rejection.Article 6 The President shall take all necessary measures to implement this Decision.Article 7 This Decision shall take effect on 3 June 1997.Done at Frankfurt, 3 June 1997.For the Council of the EMIThe PresidentAlexandre LAMFALUSSY(1) 616/PUBAC/F/IJH of 20 December 1996.(2) Addressed to the Secretary-General of the European Monetary Institute, Kaiserstraße 29, D-60311 Frankfurt am Main.


title: Council Decision (EU) 2017/715 of 27 March 2017 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex II (Technical Regulations, Standards, Testing and Certification) and Annex XVII (Intellectual Property) to the EEA Agreement (Paediatric Regulation)

text:
                  21.4.2017

                  EN

                  Official Journal of the European Union

                  L 105/15

            COUNCIL DECISION (EU) 2017/715
      of 27 March 2017
      on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex II (Technical Regulations, Standards, Testing and Certification) and Annex XVII (Intellectual Property) to the EEA Agreement (Paediatric Regulation)
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 in conjunction with Article 218(9) thereof,
      Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
      Having regard to the proposal from the European Commission,
      Whereas:

                  (1)

                  The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

                  (2)

                  Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex II (Technical Regulations, Standards, Testing and Certification) and Annex XVII (Intellectual Property) to the EEA Agreement.

                  (3)

                  Regulation (EC) No 1901/2006 of the European Parliament and of the Council (3) is to be incorporated into the EEA Agreement.

                  (4)

                  Regulation (EC) No 1902/2006 of the European Parliament and of the Council (4) is to be incorporated into the EEA Agreement.

                  (5)

                  Regulation (EC) No 469/2009 of the European Parliament and of the Council (5) is to be incorporated into the EEA Agreement.

                  (6)

                  Commission Regulation (EU) No 488/2012 (6) is to be incorporated into the EEA Agreement.

                  (7)

                  Regulation (EC) No 469/2009 repeals Council Regulation (EEC) No 1768/92 (7), which has been incorporated into the EEA Agreement and which is therefore to be repealed under the EEA Agreement.

                  (8)

                  Commission Regulation (EC) No 658/2007 (8) lays down rules concerning the application of financial penalties to the holders of marketing authorisations granted under Regulation (EC) No 726/2004. Once the Commission has granted a marketing authorisation, the EFTA States should simultaneously take corresponding decisions within 30 days from the grant. Due to the special circumstances, namely, that the Commission grants marketing authorisations, that the infringements affect the Union and its interests, and the complex and technical nature of the infringement procedures, the EFTA Surveillance Authority should cooperate closely with the Commission and await the Commission's assessment and proposal for action before taking a decision regarding the application of financial penalties to the holders of marketing authorisations established in an EFTA State.

                  (9)

                  Annex II (Technical Regulations, Standards, Testing and Certification) and Annex XVII (Intellectual Property) to the EEA Agreement should therefore be amended accordingly.

                  (10)

                  The position of the Union within the EEA Joint Committee should therefore be based on the attached draft decision,

            HAS ADOPTED THIS DECISION:
      Article 1
      The position to be adopted, on behalf of the Union within the EEA Joint Committee, on the proposed amendment to Annex II (Technical Regulations, Standards, Testing and Certification) and Annex XVII (Intellectual Property) to the EEA Agreement, shall be based on the draft decision of the EEA Joint Committee attached to this Decision.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at Brussels, 27 March 2017.

               For the Council

               The President

            C. ABELA

         (1)  OJ L 305, 30.11.1994, p. 6.

         (2)  OJ L 1, 3.1.1994, p. 3.

         (3)  Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 (OJ L 378, 27.12.2006, p. 1).

         (4)  Regulation (EC) No 1902/2006 of the European Parliament and of the Council of 20 December 2006 amending Regulation (EC) No 1901/2006 on medicinal products for paediatric use (OJ L 378, 27.12.2006, p. 20).

         (5)  Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (OJ L 152, 16.6.2009, p. 1).

         (6)  Commission Regulation (EU) No 488/2012 of 8 June 2012 amending Commission Regulation (EC) No 658/2007 concerning financial penalties for infringement of certain obligations in connection with marketing authorisations granted under Regulation (EC) No 726/2004 of the European Parliament and of the Council (OJ L 150, 9.6.2012, p. 68).

         (7)  OJ L 182, 2.7.1992, p. 1.

         (8)  Commission Regulation (EC) No 658/2007 of 14 June 2007 concerning financial penalties for infringement of certain obligations in connection with marketing authorisations granted under Regulation (EC) No 726/2004 of the European Parliament and of the Council (OJ L 155, 15.6.2007, p. 10).

         DRAFT
         DECISION OF THE EEA JOINT COMMITTEE No …/2017
         of …
         amending Annex II (Technical Regulations, Standards, Testing and Certification) and Annex XVII (Intellectual Property) to the EEA Agreement
         THE EEA JOINT COMMITTEE,
         Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,
         Whereas:

                     (1)

                     Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 (1) is to be incorporated into the EEA Agreement.

                     (2)

                     Regulation (EC) No 1902/2006 of the European Parliament and of the Council of 20 December 2006 amending Regulation (EC) No 1901/2006 on medicinal products for paediatric use (2) is to be incorporated into the EEA Agreement.

                     (3)

                     Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (Codified version) (3) is to be incorporated into the EEA Agreement.

                     (4)

                     Commission Regulation (EU) No 488/2012 of 8 June 2012 amending Commission Regulation (EC) No 658/2007 concerning financial penalties for infringement of certain obligations in connection with marketing authorisations granted under Regulation (EC) No 726/2004 of the European Parliament and of the Council (4), as corrected by OJ L 338, 12.12.2012, p. 44, is to be incorporated into the EEA Agreement.

                     (5)

                     Regulation (EC) No 469/2009 repeals Council Regulation (EEC) No 1768/92 (5), which has been incorporated into the EEA Agreement and which is therefore to be repealed under the EEA Agreement.

                     (6)

                     Commission Regulation (EC) No 658/2007 lays down rules concerning the application of financial penalties to the holders of marketing authorisations granted under Regulation (EC) No 726/2004. Once the Commission has granted a marketing authorisation, the EFTA States should simultaneously take corresponding decisions within 30 days from the grant. Due to the special circumstances, notably that the Commission grants marketing authorisations, that the infringements affect the Union and its interests and the complex and technical nature of the infringement procedures, the EFTA Surveillance Authority should cooperate closely with the Commission and await the Commission's assessment and proposal for action before taking a decision regarding financial penalties to the holders of marketing authorisations established in an EFTA State.

                     (7)

                     Annexes II and XVII to the EEA Agreement should therefore be amended accordingly,

               HAS ADOPTED THIS DECISION:
         Article 1
         Chapter XIII of Annex II to the EEA Agreement shall be amended as follows:

                     1.

                     The following text is inserted after the words ‘Committee on Orphan Medicinal Products (COMP)’ in the 13th paragraph of the introductory text:
                     ‘, the Paediatric Committee’

                     2.

                     The following indent is added in points 15q (Directive 2001/83/EC of the European Parliament and of the Council) and 15zb (Regulation (EC) No 726/2004 of the European Parliament and of the Council):

                                 ‘—

                                    32006 R 1901: Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 (OJ L 378, 27.12.2006, p. 1).’

                     3.

                     The adaptation text of point 15zb (Regulation (EC) No 726/2004 of the European Parliament and of the Council) is replaced by the following:
                     ‘The powers vested in the European Commission in relation to the infringement procedure foreseen in Article 84(3), including the power to impose financial penalties on the holders of marketing authorisations, shall, in the cases where the marketing authorisation holder is established in an EFTA State, be carried out by the EFTA Surveillance Authority in close cooperation with the Commission. Before the EFTA Surveillance Authority takes a decision regarding financial penalties, the Commission shall provide it with its assessment and a proposal on how to act.’

                     4.

                     The text of point 15zj (Commission Regulation (EC) No 658/2007) is replaced by the following:
                     ‘32007 R 0658: Commission Regulation (EC) No 658/2007 of 14 June 2007 concerning financial penalties for infringement of certain obligations in connection with marketing authorisations granted under Regulation (EC) No 726/2004 of the European Parliament and of the Council (OJ L 155, 15.6.2007, p. 10), as amended by:

                                 —

                                    32012 R 0488: Commission Regulation (EU) No 488/2012 of 8 June 2012 (OJ L 150, 9.6.2012, p. 68), as corrected by OJ L 338, 12.12.2012, p. 44.

                           The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:
                     The powers vested in the European Commission in relation to the infringement procedure, including the power to impose financial penalties on the holders of marketing authorisations, shall, in the cases where the marketing authorisation holder is established in an EFTA State, be carried out by the EFTA Surveillance Authority in close cooperation with the Commission. Before the EFTA Surveillance Authority takes a decision regarding financial penalties, the Commission shall provide it with its assessment and a proposal on how to act.’

                     5.

                     The following point is inserted after point 15zo (Commission Implementing Regulation (EU) No 198/2013):

                                 ‘15zp.

                                    32006 R 1901: Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 (OJ L 378, 27.12.2006, p. 1), as amended by:

                                             —

                                                32006 R 1902: Regulation (EC) No 1902/2006 of the European Parliament and of the Council of 20 December 2006 (OJ L 378, 27.12.2006, p. 20).

                           The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

                                 (a)

                                 The application of Article 36(3) shall not be made dependent on an authorisation of the medicinal product in Liechtenstein.

                                 (b)

                                 The powers vested in the European Commission in relation to the infringement procedure foreseen in Article 49(3), including the power to impose financial penalties on the holders of marketing authorisations, shall, in the cases where the marketing authorisation holder is established in an EFTA State, be carried out by the EFTA Surveillance Authority in close cooperation with the Commission. Before the EFTA Surveillance Authority takes a decision regarding financial penalties, the Commission shall provide it with its assessment and a proposal on how to act.’.

               Article 2
         The text of point 6 (Council Regulation (EEC) No 1768/92) of Annex XVII to the EEA Agreement is replaced by the following:
         ‘32009 R 0469: Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (Codified version) (OJ L 152, 16.6.2009, p. 1).
         The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

                     (a)

                     The following paragraphs shall be added to Article 7:
                     ‘6.   Paragraph 5 shall not apply to the EFTA States.
                     7.   Notwithstanding paragraph 4, for five years following the entry into force of Regulation (EC) No 1901/2006 in the EFTA State concerned, the application for an extension of the duration of a certificate already granted shall be lodged not later than six months before the expiry of the certificate.’;

                     (b)

                     The following paragraphs shall be added to Article 21:
                     ‘3.   An application for an extension of the duration of a certificate can only be granted in an EFTA State where the certificate expires less than 6 months prior to the entry into force of Regulation (EC) No 1901/2006 in the EFTA state concerned. In cases where the certificate expires prior to the entry into force of Regulation (EC) No 1901/2006 in the EFTA state concerned, the extension shall take effect only with respect to the time following after both such entry into force in the EFTA state concerned and the date of the publication of the application for the extension. However, paragraph 3 of Article 13 shall apply as to the calculation of the duration of the extension.
                     4.   Notwithstanding paragraph 7 of Article 7, in cases where a certificate expires earlier than seven months after the entry into force of Regulation (EC) No 1901/2006 in the EFTA state concerned, the application for an extension of the duration of a certificate shall be lodged no later than one month after such entry into force in the EFTA state concerned. In these cases the extension takes effect only with respect to the time following the date of publication of the application for an extension. However, paragraph 3 of Article 13 shall apply as to the calculation of the duration of the extension.
                     5.   An application for an extension of the duration of a certificate lodged in accordance with paragraphs 3 and 4 shall not prevent any third party who, between the expiry of the certificate and the publication of the application for an extension of the duration of the certificate, in good faith has commercially used the invention or made serious preparation for such use, to continue such use.’;

                     (c)

                     In view of the patent union between Liechtenstein and Switzerland, Liechtenstein shall not deliver any supplementary protection certificates for medicinal products as laid down in this Regulation.’.

               Article 3
         The texts of Regulations (EC) No 1901/2006, (EC) No 1902/2006, (EC) No 469/2009 and Commission Regulation (EU) No 488/2012, as corrected by OJ L 338, 12.12.2012, p. 44, in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
         Article 4
         This Decision shall enter into force on …, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).
         Article 5
         This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

            Done at Brussels,

                  For the EEA Joint Committee

                  The President

                  The Secretaries to the EEA Joint Committee

            (1)  OJ L 378, 27.12.2006, p. 1.

            (2)  OJ L 378, 27.12.2006, p. 20.

            (3)  OJ L 152, 16.6.2009, p. 1.

            (4)  OJ L 150, 9.6.2012, p. 68.

            (5)  OJ L 182, 2.7.1992, p. 1.

            (*1)  [Constitutional requirements indicated.]


( UNOFFICIAL ENGLISH TRANSLATION ) DECISION NO. 25 OF 22 SEPTEMBER 1960 CONCERNING THE CALCULATION OF FAMILY ALLOWANCES IN CASES WHERE CHILDREN ARE LOCATED ON THE TERRITORY OF SEVERAL MEMBER STATES


Avis juridique important

|

32003D0096

2003/96/EC: Council Decision of 6 February 2003 concerning the conclusion of the Agreement for scientific and technological cooperation between the European Community and Ukraine

Official Journal L 036 , 12/02/2003 P. 0031 - 0031

Council Decisionof 6 February 2003concerning the conclusion of the Agreement for scientific and technological cooperation between the European Community and Ukraine(2003/96/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the second subparagraph of Article 170, in conjunction with Article 300(2), first sentence of the first subparagraph, and Article 300(3), first subparagraph, thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) A Partnership and Cooperation Agreement between the European Communities and their Member States of the one part, and Ukraine of the other part(3), was signed on 16 June 1994 and has entered into force on 1 March 1998.(2) A European Council Common Strategy (1999/877/CFSP) on Ukraine(4) was adopted on 11 December 1999 at the Helsinki European Council.(3) The European Community and Ukraine are pursuing specific RTD programmes in areas of common interest. On the basis of past experience, both sides have expressed a desire to establish a deeper and broader framework for the conduct of collaboration in science and technology. This cooperation agreement in the field of science and technology forms part of the global cooperation between the European Community and Ukraine.(4) By its Decision of 8 October 2001, the Council authorised the Commission to negotiate on behalf of the European Community an Agreement for scientific and technological cooperation between the European Community and Ukraine. The negotiations, conducted in line with the negotiating directives, resulted in the attached Agreement and its two annexes.(5) The Agreement was signed on 4 July 2002 in Copenhagen.(6) The Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement for scientific and technological cooperation between the European Community and Ukraine is hereby approved on behalf of the Community.The text of the Agreement and its two Annexes is attached to this Decision.Article 2The President of the Council shall, on behalf of the Community, give the notification provided for in Article 12 of the Agreement.Done at Brussels, 6 February 2003.For the CouncilThe PresidentP. Efthymiou(1) Proposal of 11.10.2002 (not yet published in the Official Journal).(2) Opinion delivered on 17 December 2002 (not yet published in the Official Journal).(3) OJ L 49, 19.2.1998, p. 3.(4) OJ L 331, 23.12.1999, p. 1.


               27.9.2016

               EN

               Official Journal of the European Union

               C 353/168

         P8_TA(2015)0199
   Non-objection to a delegated act: support for rural development by the European Agricultural Fund for Rural Development
   European Parliament decision to raise no objections to the Commission delegated regulation of 27 April 2015 amending Annex I to Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (C(2015)02802 — 2015/2673(DEA))
   (2016/C 353/23)

      The European Parliament,

               —

               having regard to the Commission delegated regulation (C(2015)02802),

               —

               having regard to the Commission’s letter of 3 February 2015 asking Parliament to declare that it will raise no objections to the delegated regulation,

               —

               having regard to the letter from the Committee on Agriculture and Rural Development to the Chair of the Conference of Committee Chairs of 6 May 2015,

               —

               having regard to Article 290 of the Treaty on the Functioning of the European Union,

               —

               having regard to Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (1), and in particular to Article 58(7) and Article 83(5) thereof,

               —

               having regard to the recommendation for a decision by the Committee on Agriculture and Rural Development,

               —

               having regard to Rule 105(6) of its Rules of Procedure,

               —

               having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 105(6) of its Rules of Procedure, which expired on 19 May 2015,

               A.

               whereas Article 19(1) of Council Regulation (EU, Euratom) No 1311/2013 provides for a revision of the multiannual financial framework in the event of the adoption after 1 January 2014 of programmes under shared management for, inter alia, the European Agricultural Fund for Rural Development in order to transfer to subsequent years, in excess of the corresponding expenditure ceilings, allocations not used in 2014;

               B.

               whereas the rural development programmes of Bulgaria, the Czech Republic, Ireland, Greece, Spain, Croatia, Italy, Cyprus, Luxembourg, Hungary, Malta, Romania and Sweden and certain regional programmes of Belgium, Germany, France and the United Kingdom were not ready for adoption by the end of 2014;

               C.

               whereas Regulation (EU, Euratom) No 1311/2013 has been revised accordingly by Council Regulation (EU, Euratom) 2015/623, which transfers, for the European Agricultural Fund for Rural Development, the corresponding unused 2014 allocations to 2015 and 2016 expenditure ceilings;

               D.

               whereas Annex I to Regulation (EU) No 1305/2013, which lays down the breakdown of Union support for rural development for the 2014 to 2020 period, should therefore be amended accordingly;

               E.

               whereas the delegated regulation is essential for the smooth and timely adoption of rural development programmes, and whereas it is appropriate that it enter into force on the day following that of its publication in the Official Journal of the European Union;

               1.

               Declares that it has no objections to the delegated regulation;

               2.

               Instructs its President to forward this decision to the Council and the Commission.

      (1)  OJ L 347, 20.12.2013, p. 487.


title: Council Decision 2012/515/CFSP of 24 September 2012 amending and extending Decision 2010/565/CFSP on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo)

text:
               25.9.2012

               EN

               Official Journal of the European Union

               L 257/18

         COUNCIL DECISION 2012/515/CFSP
   of 24 September 2012
   amending and extending Decision 2010/565/CFSP on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo)
   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 September 2010, the Council adopted Decision 2010/565/CFSP on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo) (1), last modified by Decision 2011/538/CFSP (2). EUSEC RD Congo expires on 30 September 2012.

               (2)

               On 13 July 2012, the Political and Security Committee endorsed the recommendation that EUSEC RD Congo should be extended for one year, followed by a twelve-month final transition phase with the aim of handing over its tasks.

               (3)

               EUSEC RD Congo should therefore be extended until 30 September 2013.

               (4)

               It is necessary to lay down the financial reference amount intended to cover the expenditure related to EUSEC RD Congo for the period from 1 October 2012 to 30 September 2013.

               (5)

               It is also necessary to adapt certain provisions regarding to EU classified information.

               (6)

               EUSEC RD Congo 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,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/565/CFSP is hereby amended as follows:

               (1)

               The following subparagraph is added to Article 9(1):
               "The financial reference amount to cover expenditure relating to the mission shall be EUR 11 000 000 for the period from 1 October 2012 to 30 September 2013.";

               (2)

               Article 13 is replaced by the following:
               "Article 13
               Release of classified 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 the Mission, EU classified information and documents up to "CONFIDENTIEL UE / EU CONFIDENTIAL" level generated for the purposes of the Mission, in accordance with Council Decision 2011/292/EU (3) on security rules for protecting EU classified information.
               2.   The HR shall also be authorised to release to the UN, in accordance with the operational needs of the Mission, EU classified information and documents up to "RESTREINT UE / EU RESTRICTED" level which are generated for the purposes of the Mission, in accordance with Decision 2011/292/EU. Arrangements between the HR and the competent authorities of UN shall be drawn up for this purpose.
               3.   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 and documents up to "RESTREINT UE / EU RESTRICTED" level which are generated for the purposes of the Mission, 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.
               4.   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 the Mission and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (4).
               5   The HR may delegate the powers referred to in paragraphs 1 to 4, as well as the ability to conclude the arrangements referred to in paragraphs 2 and 3 to persons placed under his/her authority, to the Civilian Operations Commander and/or to the Head of Mission.

               (3)

               In Article 15, paragraph 3 is replaced by the following:
               "3.   The Head of Mission shall be assisted by a Mission Security Officer (MSO) who shall report to him and shall also have a functional link with the European External Action Service (EEAS).";

               (4)

               In Article 17, the second paragraph is replaced by the following:
               "It shall apply until 30 September 2013.".

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 24 September 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ L 248, 22.9.2010, p. 59.

      (2)  OJ L 236, 13.9.2011, p. 10.

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

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


title: Council Decision of 26 March 1975 supplementing the Council Decision of 25 February 1975 concerning the import of cane sugar originating in the overseas countries and territories (OCT)

text:
17. 10 . 75                      Official Journal of the European Communities                            No L 268 /45
                                             COUNCIL DECISION
                                                of 26 March 1975
            supplementing the Council Decision of 25 February 1975 concerning the import
               of cane sugar originating in the overseas countries and territories (OCT)
                                                   (75/61 5/ EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Economic Community, and in
            particular Article 136 thereof ;
            Having regard to the recommendation from the Commission ;
            Whereas when the Council Decision was taken regarding the import of cane sugar origi
            nating in the overseas countries and territories, it was agreed to add later the quantities of
            sugar for Surinam ;
            Whereas the provisions of the aforementioned Decision should now be supplemented.
            HAS DECIDED AS FOLLOWS :
                                                     Article 1
            Article 2 of the Council Decision of 25 February 1975 concerning the import of cane
            sugar originating in the overseas countries and territories (OCT) is amended as follows :
                 — In the first paragraph the following is added : 'Surinam 4 000' ;
                 — In the second paragraph : the word 'Surinam ' is deleted .
                                                     Article 2
            This Decision shall enter into force on 1 April 1975.
            Done at Brussels, 26 March 1975 .
                                                                          For the Council
                                                                           The President
                                                                          G. FITZGERALD


title: Decision to close the formal investigation procedure after withdrawal by EFTA State — 2014 PCC Power Contract and 2014 Transmission Agreement

text:
               11.2.2016

               EN

               Official Journal of the European Union

               C 52/14

         Decision to close the formal investigation procedure after withdrawal by EFTA State
   2014 PCC Power Contract and 2014 Transmission Agreement
   (2016/C 52/09)
   By Decision 238/15/COL of 17 June 2015, the EFTA Surveillance Authority has decided to close the formal investigation procedure under Article 4(4) of Part II of Protocol 3 of the Surveillance and Court Agreement, initiated on 10 December 2014 by Decision No 543/14/COL, in respect of (i) the Power Contract signed by Landsvirkjun hf. and PCC Bakki Silicon hf. signed on 17 March 2014 and (ii) the Transmission Agreement entered into by Landsnet hf. and PCC Bakki Silicon hf. on 7 February 2014.
   The case has become devoid of purpose due to the withdrawal of the notification by the EFTA State and the fact that the contracts have been terminated by the parties to them before entering into force.
   The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
   http://www.eftasurv.int/state-aid/state-aid-register/


title: 2012/738/EU: Council Decision of 13 November 2012 on the conclusion, on behalf of the European Union, of the Food Assistance Convention

text:
               30.11.2012

               EN

               Official Journal of the European Union

               L 330/1

         COUNCIL DECISION
   of 13 November 2012
   on the conclusion, on behalf of the European Union, of the Food Assistance Convention
   (2012/738/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 214(4) in conjunction with Article 218(6)(a), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Union is a Party to the Food Aid Convention 1999 (1) (‘FAC 1999’), which expires on 1 July 2012.

               (2)

               In accordance with Council Decision 2012/511/EU (2), the Food Assistance Convention (‘the Convention’) was signed on 23 July 2012, subject to its conclusion.

               (3)

               It is in the interest of the Union to be a Party to the Convention as the latter would help to achieve the humanitarian aid objectives referred to in Article 214(1) of the Treaty on the Functioning of the European Union.

               (4)

               The Convention should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Food Assistance Convention (‘the Convention’) is hereby approved on behalf of the Union.
   The text of the Convention is attached to this Decision.
   Article 2
   The Commission shall decide on the annual commitment to be made on behalf of the Union in accordance with Article 5 of the Convention and shall inform the Secretariat of the Committee thereof.
   Article 3
   The Commission shall provide annual reports and participate in information sharing on behalf of the Union in accordance with Article 6 of the Convention.
   Article 4
   The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union, to the deposit of the instrument of approval provided for in Article 12 of the Convention, in order to express the consent of the Union to be bound by the Convention (3).
   Article 5
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 13 November 2012.

            For the Council

            The President

         V. SHIARLY

      (1)  OJ L 222, 24.8.1999, p. 40.

      (2)  OJ L 256, 22.9.2012, p. 3.

      (3)  The date of entry into force of the Convention will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      FOOD ASSISTANCE CONVENTION
      PREAMBLE
      THE PARTIES TO THIS CONVENTION,
      CONFIRMING their continued commitment to the still valid objectives of the Food Aid Convention 1999, to contribute to world food security, and to improve the ability of the international community to respond to emergency food situations and other food needs of developing countries;
      SEEKING to improve the effectiveness, efficiency, and quality of food assistance in preserving the lives and alleviating the suffering of the most vulnerable populations, especially in emergency situations, by strengthening international cooperation and coordination, in particular among the Parties and stakeholders;
      RECOGNISING that vulnerable populations have particular food and nutritional needs;
      AFFIRMING that States have the primary responsibility for their own national food security, and therefore for the progressive realisation of the right to adequate food as set out in the Food and Agriculture Organisation (FAO) voluntary guidelines to support the progressive realisation of the right to adequate food in the context of national food security adopted by the FAO Council in November 2004;
      ENCOURAGING governments of food insecure countries to develop and implement country-owned strategies that address the root causes of food insecurity through long-term measures, and that ensure proper linkages between relief, recovery and development activities;
      REFERRING to international humanitarian law and the fundamental humanitarian principles of humanity, impartiality, neutrality and independence;
      REFERRING to the principles and good practice of humanitarian donorship, endorsed in Stockholm on 17 June 2003;
      RECOGNISING that the Parties have their own policies related to providing food assistance in emergency and non-emergency situations;
      CONSIDERING the World Food Summit Plan of Action adopted in Rome in 1996, as well as the Five Rome Principles for Sustainable Global Food Security identified in the Declaration of the World Summit on Food Security of 2009, in particular the commitment to achieve food security in all countries and the ongoing effort to reduce poverty and eradicate hunger that was reaffirmed by the United Nations General Assembly in the United Nations Millennium Declaration;
      CONSIDERING the commitments made by donor and recipient countries to improve development aid effectiveness by applying the principles of the Organisation for Economic Cooperation and Development’s (OECD) Paris Declaration on Aid Effectiveness adopted in 2005;
      DETERMINED to act in accordance with their World Trade Organisation (WTO) obligations, in particular any WTO disciplines on food aid,
      HAVE AGREED AS FOLLOWS:
      Article 1
      Objectives
      The objectives of this Convention are to save lives, reduce hunger, improve food security, and improve the nutritional status of the most vulnerable populations by:

                  (a)

                  addressing the food and nutritional needs of the most vulnerable populations through commitments made by the Parties to provide food assistance that improves access to, and consumption of, adequate, safe and nutritious food;

                  (b)

                  ensuring that food assistance provided to the most vulnerable populations is appropriate, timely, effective, efficient, and based on needs and shared principles; and

                  (c)

                  facilitating information-sharing, cooperation, and coordination, and providing a forum for discussion in order to improve the effective, efficient, and coherent use of the Parties’ resources to respond to needs.

            Article 2
      Principles of food assistance
      The Parties, in providing and delivering food assistance to the most vulnerable populations, should always adhere to the following principles:

                  (a)

                  General principles of food assistance:

                              (i)

                              provide food assistance only when it is the most effective and appropriate means of addressing the food or nutrition needs of the most vulnerable populations;

                              (ii)

                              provide food assistance, taking into account the long-term rehabilitation and development objectives of the recipient countries, while supporting the broader goal of achieving food security, whenever appropriate;

                              (iii)

                              provide food assistance in a manner that protects livelihoods and strengthens the self-reliance and resilience of vulnerable populations, and local communities, and that prevents, prepares for, mitigates and responds to food security crises;

                              (iv)

                              provide food assistance in such a way as to avoid dependency and minimise direct and indirect negative impacts on beneficiaries and others;

                              (v)

                              provide food assistance in a way that does not adversely affect local production, market conditions, marketing structures and commercial trade or the price of essential goods for vulnerable populations;

                              (vi)

                              provide food aid in fully grant form, whenever possible;

                  (b)

                  Principles of food assistance effectiveness:

                              (i)

                              in order to increase the amount available to spend on food assistance for vulnerable populations and to promote efficiency, minimise associated costs as much as possible;

                              (ii)

                              actively seek to cooperate, coordinate and share information to improve the effectiveness and efficiency of food assistance programmes, and the coherence between food assistance and related policy areas and instruments;

                              (iii)

                              purchase food and other components of food assistance locally or regionally, whenever possible and appropriate;

                              (iv)

                              increasingly provide untied cash-based food assistance, whenever possible and based on needs;

                              (v)

                              only monetise food aid where there is an identified need to do so, and to improve the food security of vulnerable populations; base monetisation on transparent and objective market analysis and avoid commercial displacement;

                              (vi)

                              ensure food assistance is not used to promote the market development objectives of the Parties;

                              (vii)

                              avoid re-exportation of food aid to the maximum extent possible except to prevent or respond to an emergency situation; only re-export food aid in a manner that avoids commercial displacement;

                              (viii)

                              acknowledge, where appropriate, that relevant authorities or relevant stakeholders have the primary role and responsibility for the organisation, coordination and implementation of food assistance operations;

                  (c)

                  Principles on the provision of food assistance:

                              (i)

                              target food assistance according to the food and nutrition needs of the most vulnerable populations;

                              (ii)

                              involve beneficiaries in the assessment of their needs and in the design, implementation, monitoring and evaluation of food assistance, as well as other relevant stakeholders, where appropriate;

                              (iii)

                              provide food assistance that meets applicable safety and quality standards, and that respects cultural and local dietary habits and the nutritional needs of the beneficiaries;

                              (iv)

                              uphold the dignity of beneficiaries of food assistance;

                  (d)

                  Principles of food assistance accountability:

                              (i)

                              take specific and appropriate measures to strengthen the accountability and transparency of food assistance policies, programmes, and operations;

                              (ii)

                              monitor, evaluate, and communicate, on a regular and transparent basis, the outcomes and the impact of food assistance activities in order to further develop best practices and maximise their effectiveness.

            Article 3
      Relationship with WTO Agreements
      Nothing in this Convention shall derogate from any existing or future WTO obligations applicable between Parties. In case of conflict between such obligations and this Convention, the former shall prevail. Nothing in this Convention will prejudice the positions that a Party may adopt in any negotiations in the WTO.
      Article 4
      Eligible country, eligible vulnerable populations, eligible products, eligible activities, and associated costs
      1.   ‘Eligible country’ means any country on the OECD’s Development Assistance Committee (DAC) list of Official Development Assistance Recipients, or any other country identified in the Rules of Procedure and Implementation.
      2.   ‘Eligible vulnerable populations’ means vulnerable populations in any eligible country.
      3.   ‘Eligible products’ means products for human consumption that comply with relevant national policies and legislation of the country of operation, including, as appropriate, applicable international food safety and quality standards as well as products that contribute to meeting food needs and protecting livelihoods in emergency and early recovery situations. The list of eligible products is provided in the Rules of Procedure and Implementation.
      4.   Eligible activities for the fulfilment of a Party’s minimum annual commitment in accordance with Article 5 shall be consistent with Article 1, and shall include at least the following activities:

                  (a)

                  the provision and distribution of eligible products;

                  (b)

                  the provision of cash and vouchers; and

                  (c)

                  nutritional interventions.

            These eligible activities are further elaborated in the Rules of Procedure and Implementation.
      5.   Associated costs eligible for the fulfilment of a Party’s minimum annual commitment according to Article 5 shall be consistent with Article 1, and shall be limited to costs directly linked to the provision of eligible activities, as further elaborated in the Rules of Procedure and Implementation.
      Article 5
      Commitment
      1.   To meet the objectives of this Convention, each Party agrees to make an annual commitment of food assistance, set in accordance with its laws and regulations. Each Party’s commitment is referred to as its ‘minimum annual commitment’.
      2.   The minimum annual commitment shall be expressed in terms of value or quantity as further elaborated in the Rules of Procedure and Implementation. A Party may choose to express either a minimum value or a minimum quantity, or a combination of both for its commitment.
      3.   Minimum annual commitments in terms of value can be expressed in the currency chosen by the Party. Minimum annual commitments in terms of quantity can be expressed in tonnes of grain equivalent or other units of measure provided under the Rules of Procedure and Implementation.
      4.   Each Party shall notify the Secretariat of its initial minimum annual commitment as soon as possible and no later than six months following the entry into force of this Convention, or within three months of its accession to this Convention.
      5.   Each Party shall notify the Secretariat of any change to its minimum annual commitment for subsequent years no later than the fifteenth day of December of the year preceding the change.
      6.   The Secretariat shall communicate the updated minimum annual commitments to all of the Parties as soon as possible and no later than the first day of January of each year.
      7.   Contributions made to meet minimum annual commitments should be made in fully grant form whenever possible. With respect to food assistance counted towards a Party’s commitment, not less than 80 per cent provided to eligible countries and eligible vulnerable populations, as further elaborated in the Rules of Procedure and Implementation, shall be in fully grant form. To the extent possible, the Parties shall seek progressively to exceed this percentage. Contributions that are not made in fully grant form should be accounted for in each Party’s annual report.
      8.   The Parties shall undertake to conduct all food assistance transactions under this Convention in such a way as to avoid harmful interference with normal patterns of production and international commercial trade.
      9.   The Parties shall ensure that the provision of food assistance is not tied directly or indirectly, formally or informally, explicitly or implicitly, to commercial exports of agricultural products or other goods and services to recipient countries.
      10.   To meet its minimum annual commitment, whether expressed in value or quantity, a Party shall make contributions that are consistent with this Convention and that consist of funding for eligible products and activities, and associated costs, as set forth in Article 4, and as further elaborated in the Rules of Procedure and Implementation.
      11.   Contributions provided to meet the minimum annual commitment under this Convention may only be directed at eligible countries or eligible vulnerable populations, as set forth in Article 4 and as further elaborated in the Rules of Procedure and Implementation.
      12.   The Parties’ contributions may be provided bilaterally, through intergovernmental or other international organisations, or through other food assistance partners, but not through other Parties.
      13.   Each Party shall make every effort to meet its minimum annual commitment. If a Party is unable to meet its minimum annual commitment for a particular year, it shall describe the circumstances of its failure to do so in its annual report for that year. The unfulfilled amount shall be added to the Party’s minimum annual commitment for the following year unless the Committee established under Article 7 decides otherwise, or unless extraordinary circumstances justify not doing so.
      14.   If a Party’s contribution exceeds its minimum annual commitment, the amount of the excess, but not more than five per cent of its minimum annual commitment, may be counted as part of the Party’s contribution for the following year.
      Article 6
      Annual reporting and information sharing
      1.   Within 90 days after the end of the calendar year, each Party shall provide an annual report, in accordance with the Rules of Procedure and Implementation, to the Secretariat, detailing how it met its minimum annual commitment under this Convention.
      2.   This annual report shall contain a narrative component that may include information on how the Party’s food assistance policies, programmes and operations contribute to the objectives and principles of this Convention.
      3.   The Parties should, on an ongoing basis, exchange information on their food assistance policies and programmes and the results of their evaluations of these policies and programmes.
      Article 7
      Food Assistance Committee
      1.   A Food Assistance Committee (the ‘Committee’), consisting of all of the Parties to this Convention, is hereby established.
      2.   The Committee shall make the decisions at its formal sessions and perform the functions that are required to carry out the provisions of this Convention in accordance with the principles and objectives of the Convention.
      3.   The Committee shall adopt rules governing its proceedings; it may also adopt rules elaborating further the provisions of this Convention to ensure that they are properly implemented. Document FAC(11/12)1, 25 April 2012, of the Food Aid Committee of the Food Aid Convention 1999, shall serve as the initial Rules of Procedure and Implementation for this Convention. The Committee may subsequently decide to modify those Rules of Procedure and Implementation.
      4.   The Committee shall make decisions by consensus, meaning that no Party formally opposes the proposed decision of the Committee on a matter under discussion at a formal session. Formal opposition may occur either at the formal session or within 30 days after the circulation of the minutes of a formal session recording the proposed decisions concerned.
      5.   For each year, the Secretariat shall prepare a summary report for the Committee, to be drafted, adopted and published, in accordance with the Rules of Procedure and Implementation.
      6.   The Committee should provide a forum for discussion among the Parties with respect to food assistance matters, such as the need to mobilise appropriate and timely resource commitments to address the food and nutritional needs, especially in specific emergency and crisis situations. It should facilitate information-sharing with and dissemination to other stakeholders, and should consult with and receive information from them to support its discussions.
      7.   Each Party shall designate a representative to receive notices and other communications from the Secretariat.
      Article 8
      Chairperson and Vice-Chairperson of the Committee
      1.   At the last formal session held in each year, the Committee shall decide on a Chairperson and a Vice-Chairperson for the following year.
      2.   The Chairperson shall have the following duties:

                  (a)

                  to approve the draft agenda for each formal session or informal meeting;

                  (b)

                  to preside at formal sessions or informal meetings;

                  (c)

                  to open and close each formal session or informal meeting;

                  (d)

                  to submit the draft agenda to the Committee for adoption at the beginning of each formal session or informal meeting;

                  (e)

                  to direct discussions and ensure that the procedures specified in the Rules of Procedure and Implementation are observed;

                  (f)

                  to invite the Parties to speak;

                  (g)

                  to rule on points of order in accordance with the relevant Rules of Procedure and Implementation; and

                  (h)

                  to ask questions and announce decisions.

            3.   If the Chairperson is absent from all or part of a formal session or an informal meeting, or is temporarily unable to fill the office of Chairperson, the Vice-Chairperson shall act as Chairperson. In the absence of the Chairperson and the Vice-Chairperson, the Committee shall appoint a temporary Chairperson.
      4.   If, for any reason, the Chairperson is unable to continue to fill the office of Chairperson, the Vice-Chairperson shall become Chairperson until the end of the year.
      Article 9
      Formal sessions and informal meetings
      1.   The Committee shall hold formal sessions and informal meetings according to the Rules of Procedure and Implementation.
      2.   The Committee shall hold at least one formal session a year.
      3.   The Committee shall hold additional formal sessions and informal meetings at the request of the Chairperson or at the request of at least three of the Parties.
      4.   The Committee may invite observers and relevant stakeholders who wish to discuss particular food assistance related matters to attend its formal sessions or informal meetings in accordance with the Rules of Procedure and Implementation.
      5.   The Committee shall meet at a location determined in accordance with the Rules of Procedure and Implementation.
      6.   The agenda for formal sessions and informal meetings shall be developed in accordance with the Rules of Procedure and Implementation.
      7.   The minutes of a formal session, which shall include any proposed decisions of the Committee, shall be circulated within 30 days after the formal session.
      Article 10
      Secretariat
      1.   The Committee shall designate a Secretariat and request its services, in accordance with the Rules of Procedure and Implementation. The Committee shall request of the International Grains Council (IGC) that its Secretariat act as the initial Secretariat of the Committee.
      2.   The Secretariat shall perform the duties that are set out in this Convention and the Rules of Procedure and Implementation, perform any administrative duties, including the processing and distribution of documents and reports, and carry out other functions identified by the Committee.
      Article 11
      Resolution of disputes
      The Committee shall seek to resolve any dispute among the Parties concerning the interpretation or implementation of this Convention or the Rules of Procedure and Implementation, including any claim of failure to perform the obligations set out in this Convention.
      Article 12
      Signature and ratification, acceptance, or approval
      This Convention shall be open for signature by Argentina, Australia, the Republic of Austria, the Kingdom of Belgium, the Republic of Bulgaria, Canada, the Republic of Croatia, the Republic of Cyprus, the Czech Republic, the Kingdom of Denmark, the European Union, the Republic of Estonia, the Republic of Finland, the French Republic, the Federal Republic of Germany, the Hellenic Republic, Hungary, Ireland, the Italian Republic, Japan, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the Kingdom of the Netherlands, the Kingdom of Norway, the Republic of Poland, the Portuguese Republic, Romania, the Slovak Republic, the Republic of Slovenia, the Kingdom of Spain, the Kingdom of Sweden, the Swiss Confederation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, at United Nations Headquarters in New York from 11 June 2012 until 31 December 2012. This Convention shall be subject to ratification, acceptance or approval by each Signatory. Instruments of ratification, acceptance or approval shall be deposited with the Depositary.
      Article 13
      Accession
      1.   Any State listed in Article 12 that has not signed this Convention by the end of the signature period, or the European Union if it has not signed by that time, may accede to it at any time after that period. Instruments of accession shall be deposited with the Depositary.
      2.   Once this Convention has entered into force in accordance with Article 15, it shall be open for accession by any State other than those referred to in Article 12 or by a separate customs territory possessing full autonomy in the conduct of its external commercial relations that is deemed eligible by a decision of the Committee. Instruments of accession shall be deposited with the Depositary.
      Article 14
      Notification of provisional application
      Any State referred to in Article 12, or the European Union, that intends to ratify, accept, or approve this Convention or accede thereto, or any State or separate customs territory deemed eligible under Article 13(2) for accession by a decision of the Committee but has not yet deposited its instrument, may at any time deposit a notification of provisional application of this Convention with the Depositary. The Convention shall apply provisionally for that State, separate customs territory, or the European Union from the date of deposit of its notification.
      Article 15
      Entry into force
      1.   This Convention shall enter into force on 1 January 2013 if by 30 November 2012 five Signatories have deposited instruments of ratification, acceptance, or approval.
      2.   If this Convention does not enter into force in accordance with paragraph 1, the Signatories to this Convention that have deposited instruments of ratification, acceptance, or approval and States or the European Union that have deposited instruments of accession pursuant to Article 13(1) may decide by unanimous consent that it shall enter into force among themselves.
      3.   For any State or separate customs territory, or the European Union, that ratifies, accepts, approves, or accedes to the Convention after the Convention enters into force, this Convention shall enter into force on the date of the deposit of its instrument of ratification, approval, acceptance, or accession.
      Article 16
      Assessment and amendment procedure
      1.   At any time after the entry into force of this Convention, a Party may propose an assessment of the relevance of this Convention or propose amendments to it. Any proposed amendments shall be circulated by the Secretariat to all of the Parties at least six months in advance and discussed at the next formal session of the Committee following the end of the notice period.
      2.   Proposals for amendment to this Convention shall be adopted by decision of the Committee. The Secretariat shall communicate to all of the Parties, and to the Depositary, any proposals for amendment adopted by the Committee. The Depositary shall circulate any adopted amendment to all Parties.
      3.   Notification of acceptance of an amendment shall be sent to the Depositary. An adopted amendment shall enter into force for those Parties having sent that notification, 90 days after the date on which the Depositary has received such notifications from not less than four fifths of the number of Parties to this Convention on the date of adoption of the proposed amendment by the Committee. Such an amendment shall enter into force for any other Party 90 days after that Party deposits its notification with the Depositary. The Committee may decide that a different threshold be used for the number of notifications required to trigger the entry into force of a specific amendment. The Secretariat shall communicate such a decision to all Parties and the Depositary.
      Article 17
      Withdrawal and termination
      1.   Any Party may withdraw from this Convention at the end of any year by giving written notice of withdrawal to the Depositary and the Committee at least 90 days prior to the end of that year. That Party shall not be released from its minimum annual commitment or reporting obligations incurred under this Convention, while it was a Party, that have not been discharged by the end of that year.
      2.   At any time after the entry into force of this Convention, a Party may propose the termination of this Convention. Such a proposal shall be communicated in writing to the Secretariat and shall be circulated by it to all of the Parties at least six months in advance of its consideration by the Committee.
      Article 18
      Depositary
      1.   The Secretary-General of the United Nations is designated as the Depositary of this Convention.
      2.   The Depositary shall receive notice of any signature, ratification, acceptance, approval, notification of provisional application of, and accession to, this Convention, and notify all Parties and Signatories of these notices.
      Article 19
      Authentic texts
      The originals of this Convention, of which the English and French texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

         IN WITNESS THEREOF the undersigned, being duly authorised, have signed this Convention.
         Done at London, 25 April 2012.