Avis juridique important

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32001D0419

2001/419/JHA: Council Decision of 28 May 2001 on the transmission of samples of controlled substances

Official Journal L 150 , 06/06/2001 P. 0001 - 0003

Council Decisionof 28 May 2001on the transmission of samples of controlled substances(2001/419/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Articles 30, 31 and 34(2)(c) thereof,Having regard to the initiative of the Kingdom of Sweden,Having regard to the opinion of the European Parliament(1),Whereas:(1) The fight against the illicit production and trafficking of drugs is a matter of common concern for law enforcement and justice authorities in the Member States.(2) The possibility of legally transmitting samples of seized controlled substances between the authorities of the Member States for the purposes of detection, investigation and prosecution of criminal offences or for the forensic analysis of samples would increase the effectiveness of the fight against the illicit production and trafficking of drugs.(3) At present no legally binding rules exist regulating the transmission of seized controlled narcotic substance samples between the authorities of the Member States. A system should therefore be created at European Union level to allow for the legal transmission of such samples. Such system should apply to all forms of transmission of samples of seized controlled substances between Member States. Transmission should be based on agreement between the sending and the receiving Member State.(4) Transmission should take place in a manner that is secure and guarantees that the transported samples cannot be abused,HAS DECIDED AS FOLLOWS:Article 1Establishment of a system for the transmission of samples1. This Decision establishes a system for the transmission between Member States of samples of controlled substances.2. Transmission of samples of controlled substances (hereinafter referred to as "samples") shall be considered lawful in all Member States when it is conducted in accordance with this Decision.Article 2DefinitionsFor the purposes of this Decision, controlled substances means:(a) any substance, natural or synthetic, mentioned in Schedules I or II of the United Nations Single Convention on Narcotic Drugs 1961, and that Convention as amended by the 1972 Protocol;(b) any substance mentioned in the revised Schedules I, II, III and IV of the United Nations Convention on Psychotropic Substances 1971;(c) any substance that is subject to control measures taken pursuant to Article 5(1) of Joint Action 97/396/JHA of 16 June 1997 concerning the information exchange, risk assessment and the control of new synthetic drugs(2).Article 3National contact points1. Each Member State shall designate a national contact point for the purposes of implementing this Decision.2. Information concerning the designated national contact points, including subsequent modifications, shall be transmitted to the General Secretariat of the Council which shall publish the information in the Official Journal.3. The national contact points shall, if appropriate in association with other relevant national bodies, be the sole bodies competent for authorising the transmission of samples under this Decision, notwithstanding relevant provisions on mutual legal assistance in criminal matters.Article 4Agreement to transmit samples and acknowledgement of receipt1. The national contact point of the Member State intending to send a sample and the national contact point of the Member State intended to receive a sample shall agree on the transport before the transmission takes place. For this purpose they shall make use of the Sample Transmission Form set out in the Annex.2. Where transmission of a sample involves transportation through the territory of another Member State (hereinafter referred as "transit Member State"), the national contact point of such a transit Member State shall subsequently be informed of the planned transport by the national contact point of the sending Member State. To that end, each transit Member State shall receive a copy of the duly completed Sample Transmission Form before the transmission begins.3. The receiving Member State shall acknowledge to the sending Member State the receipt of the sample.Article 5Means of transport1. Transport of samples shall take place in a secure way.2. The following means of transport shall be regarded as secure:(a) transport by an official of the sending or receiving Member State;(b) transport by courier;(c) transport by diplomatic bag;(d) transport by registered (express) mail.3. The duly completed Sample Transmission Form referred to in Article 4 shall accompany the sample during the entire transport.4. The authorities of the Member States involved shall not hinder or detain any transport accompanied by a duly completed Sample Transmission Form unless they have doubts as to whether the transport is carried out lawfully. In case of doubts as to the legal status of the Sample Transmission Form, the national contact point of the Member State detaining the transport shall, without delay, contact the national contact points of the Member States responsible for the completion of the Sample Transmission Form in order to clarify the issue.5. If the means of transport chosen is transport by an official of the sending or receiving Member State, that official shall not be permitted to wear a uniform. Further, he or she shall not carry out any operational tasks in connection with the transport unless this would be compatible with the applicable national legislation and agreed upon by the sending, transit or receiving Member States. When travelling by aircraft, only airline companies registered in one of the Member States shall be used.Article 6Quantity of the sample and its use1. A sample shall not exceed the quantity deemed necessary for law enforcement and judicial purposes or for the analysis of samples.2. The use of the sample within the receiving Member State shall be agreed between the sending and receiving Member States, it being understood that samples can be used for detection, investigation and prosecution of criminal offences or for the forensic analysis of samples.Article 7Evaluation1. This Decision shall be subject to evaluation within the Council after at least two and no more than five years after its entry into force.2. For the purpose of the evaluation the national contact point of each sending Member State shall hold in its archives a copy of every Sample Transmission Form issued during at least the previous five years.Article 8Entry into forceThis Decision shall take effect on 1 July 2001.Done at Brussels, 28 May 2001.For the CouncilThe PresidentT. Bodström(1) Opinion delivered 4 May 2001 (not yet published in the Official Journal).(2) OJ L 167, 25.6.1997, p. 1.ANNEX>PIC FILE= "L_2001150EN.000302.EPS">


title: 2011/213/EU: Council Decision of 9 March 2011 on the conclusion of the Agreement between the European Community and the Government of Japan on cooperation in science and technology

text:
               6.4.2011

               EN

               Official Journal of the European Union

               L 90/1

         COUNCIL DECISION
   of 9 March 2011
   on the conclusion of the Agreement between the European Community and the Government of Japan on cooperation in science and technology
   (2011/213/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 186 in conjunction with point (v) of 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 Commission negotiated, on behalf of the European Community, an Agreement on cooperation in science and technology with the Government of Japan.

               (2)

               That Agreement was signed by the representatives of the Parties on 30 November 2009 in Brussels subject to its conclusion at a later date.

               (3)

               As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

               (4)

               The Agreement should be concluded on behalf of the Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Community and the Government of Japan on cooperation in science and technology is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The Commission shall adopt the position to be taken by the Union in the Joint Committee established by Article 6(1) of the Agreement with regard to amendments to the Agreement according to Article 13(5) of the Agreement.
   Article 3
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 13(1) of the Agreement and make the following notification to the Government of Japan:

      ‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the text of the Agreement are, where appropriate, to be read as “the European Union”.’

   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 9 March 2011.

            For the Council

            The President

         CSÉFALVAY Z.

      AGREEMENT
      between the European Community and the Government of Japan on cooperation in science and technology
      THE EUROPEAN COMMUNITY hereinafter referred to as ‘the Community’
      and
      THE GOVERNMENT OF JAPAN
      DESIRING to further promote the close and friendly relations existing between Japan and the Community, and being aware of the rapid development of scientific knowledge and of its positive contribution in promoting bilateral and international cooperation;
      WISHING to broaden the scope of cooperation in science and technology in a number of areas of common interest through the creation of a productive partnership for peaceful purposes and for their mutual benefit;
      BELIEVING that such cooperation and the application of the results of such cooperation contribute to the economic and social development of Japan and the Community;
      DESIRING to establish a formal framework for the conduct of the overall cooperative activities which will strengthen cooperation in science and technology between the Parties;
      HAVE AGREED AS FOLLOWS:
      Article 1
      1.   The Parties shall encourage, develop and facilitate cooperative activities under this Agreement in the areas of science and technology for peaceful purposes.
      2.   The cooperative activities under this Agreement shall be conducted on the basis of the following principles:

                  (a)

                  mutual and equitable contributions and benefits;

                  (b)

                  reciprocal access to research and development programmes and projects and facilities for visiting researchers;

                  (c)

                  timely exchange of information which may affect the cooperative activities under this Agreement;

                  (d)

                  promotion of a knowledge-based society for the benefit of the economic and social development of Japan and the Community.

            Article 2
      1.   The cooperative activities under this Agreement consist of direct cooperative activities and indirect cooperative activities.
      2.   For the purpose of this Agreement:

                  (a)

                  the term ‘the Parties’ means the Government of Japan and the Community;

                  (b)

                  the term ‘direct cooperative activities’ means cooperative activities between the Parties or their agencies;

                  (c)

                  the term ‘indirect cooperative activities’ means cooperative activities between persons of Japan and the Community carried out under research and development programmes and projects;

                  (d)

                  the term ‘research and development programmes and projects’ means the Framework Programme for research and technological development operated by the Community or research and development programmes and projects with the competitive funding system operated by the Government of Japan, its agencies or official institutions;

                  (e)

                  the term ‘persons’ means:

                              (i)

                              with respect to Japan, any nationals of Japan or any legal persons established under the national laws of Japan; and

                              (ii)

                              with respect to the Community, any nationals of the Member States of the Community or any legal persons established under the national laws of the Member States of the Community or the Community law;

                  (f)

                  the term ‘agencies’ means:

                              (i)

                              with respect to Japan, the governmental agencies of Japan; and

                              (ii)

                              with respect to the Community, the European Commission;

                  (g)

                  the term ‘official institutions’ means official institutions whose budgets and operating plans are approved by the competent Ministers of the Government of Japan, and whose research and development programmes and projects with the competitive funding system are included, with their consent, into those programmes and projects for indirect cooperative activities;

                  (h)

                  the term ‘intellectual property rights’ shall have the meaning given to ‘intellectual property’ in Article 2 of the Convention Establishing the World Intellectual Property Organization, signed at Stockholm on July 14, 1967.

            Article 3
      1.   Forms of the direct cooperative activities may include the following:

                  (a)

                  meetings of various forms, such as those of experts, to discuss and exchange information on scientific and technological aspects of general or specific subjects and to identify research and development programmes and projects that may be usefully undertaken on a cooperative basis;

                  (b)

                  exchange of information on activities, policies, practices, and laws and regulations concerning research and development;

                  (c)

                  visits and exchanges of scientists, technical personnel, or other experts on general or specific subjects;

                  (d)

                  implementation of any other forms of cooperative activities as may be identified, proposed and decided at the Joint Committee on Scientific and Technological Cooperation referred to in Article 6 of this Agreement.

            2.   For the purpose of developing indirect cooperative activities, any person of a Party can participate in research and development programmes and projects, operated by the other Party, its agencies or official institutions, in accordance with the laws and regulations of the other Party, and subject to Annexes I and II to this Agreement.
      Article 4
      The details and procedures of each cooperative activity under this Agreement may be decided between the Parties, their agencies or official institutions engaged in that cooperative activity.
      Article 5
      With regard to the direct cooperative activities under this Agreement, each Party or its agencies may allow, as appropriate, with the consent of the other Party or its agencies, the participation of researchers and organisations from all sectors of the research establishment including the private sector.
      Article 6
      1.   For the purpose of effective implementation of this Agreement, the Parties shall establish a Joint Committee on Scientific and Technological Cooperation (hereinafter referred to as ‘the Joint Committee’). The Joint Committee shall be co-chaired by officials of the Ministry of Foreign Affairs of Japan and of the European Commission.
      2.   The functions of the Joint Committee shall be:

                  (a)

                  exchanging information and views on scientific and technological policy issues;

                  (b)

                  identifying, proposing and deciding the cooperative activities under this Agreement;

                  (c)

                  reviewing and discussing the accomplishments of the cooperative activities under this Agreement;

                  (d)

                  providing advice and encouragement to the Parties with regard to the implementation of this Agreement;

                  (e)

                  reviewing regularly the reciprocal access to research and development programmes and projects and arrangements for visiting researchers and examining concrete measures to improve that access and to ensure the effectiveness of the principle on reciprocity mentioned in Article 1 of this Agreement.

            3.   Decisions of the Joint Committee shall be reached by mutual consent.
      4.   The Joint Committee shall meet at mutually convenient times, preferably at least once every 2 years.
      5.   The Government of Japan and the Community shall host alternately the Joint Committee meeting, unless otherwise agreed.
      6.   For the Joint Committee meeting, the expenses for travel and accommodation of the participants will be borne by the Party to whom they relate. Any other costs associated with the Joint Committee meeting will be borne by the host Party.
      7.   The Joint Committee will adopt its own internal rules of procedure.
      8.   The Joint Committee may make decisions through diplomatic channels when it is not in session.
      Article 7
      Implementation of this Agreement shall be subject to the availability of appropriated funds and to the applicable laws and regulations of each Party.
      Article 8
      1.   Scientific and technological information of a non-proprietary nature resulting from direct cooperative activities may be made available to the public by either Party through customary channels and in accordance with the normal procedures of the participating agencies.
      2.   Intellectual property rights and undisclosed information resulting from, introduced in the course of, or obtained through the cooperative activities under this Agreement shall be treated in accordance with the provisions of Annex II to this Agreement.
      Article 9
      Each Party shall make every effort, within the framework of its laws and regulations, to accord to the persons, carrying out the cooperative activities under this Agreement, all possible facilities with a view to facilitating the free movement and stay of researchers participating in those cooperative activities and to facilitating the entry into and exit from its territory of materials, data or equipment intended for use in those cooperative activities.
      Article 10
      The provisions of this Agreement shall not prejudice rights and obligations with respect to existing and future agreements for cooperation between the Parties or between the Government of Japan and the Government of any Member State of the Community.
      Article 11
      All questions or disputes related to the interpretation or implementation of this Agreement shall be settled by mutual consultation between the Parties.
      Article 12
      Annexes I and II to this Agreement form an integral part of this Agreement.
      Article 13
      1.   This Agreement shall enter into force on the date on which the Parties exchange diplomatic notes informing each other that their respective internal procedures necessary for the entry into force of this Agreement have been completed.
      2.   This Agreement shall remain in force for 5 years and shall continue in force thereafter unless terminated by either Party at the end of the initial 5-year period or at any time thereafter by giving to the other Party at least 6 months’ written advance notice of its intention to terminate this Agreement.
      3.   The termination of this Agreement shall not affect carrying out of the cooperative activities undertaken under this Agreement and not fully executed at the time of the termination of this Agreement, or any specific rights and obligations that have accrued in compliance with Annex II to this Agreement.
      4.   Each Party may evaluate the impact of this Agreement and activities under this Agreement every 5 years, and the Party which does so shall inform the other Party of the results of the evaluation. Each Party will make every effort to facilitate the evaluation conducted by the other Party.
      5.   This Agreement may be amended by mutual consent of the Parties through diplomatic notes exchanged between them. Amendments shall enter into force under the same conditions as mentioned in paragraph 1 above, unless otherwise agreed.
      This Agreement and Annexes I and II of this Agreement are drawn up in two originals in each of the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Japanese languages with each of these texts being equally authentic. In case of divergence of interpretation, the English and Japanese texts shall prevail over the other language texts.

         IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by the European Community and the Government of Japan respectively, have signed this Agreement.
         Done at Brussels, this thirtieth day of November, 2009.

               For the European Community

               For the Government of Japan

         ANNEX I

            TERMS AND CONDITIONS FOR THE PARTICIPATION OF PERSONS IN RESEARCH AND DEVELOPMENT PROGRAMMES AND PROJECTS

                     I.

                     Where within the framework of this Agreement a Party, its agencies or official institutions conclude a contract with a person of the other Party for research and development programmes and projects, the other Party shall, when requested, endeavour to provide any reasonable and feasible assistance as may be necessary or helpful for the former Party, its agencies or official institutions to facilitate the smooth implementation of such contract.

                     II.

                     Persons of Japan may participate in the Framework Programme for research and technological development operated by the Community. Such participation of persons of Japan shall be in accordance with the rules for participation, dissemination and implementation of the Framework Programme.

                     III.

                     Persons of the Community may participate in research and development programmes and projects with the competitive funding system operated by the Government of Japan, its agencies or official institutions in scientific and technological fields similar to those of the Framework Programme for research and technological development. Such participation of persons of the Community shall be in accordance with the laws and regulations of Japan and the relevant rules for participation, dissemination and implementation of the specific programme or project.

         ANNEX II

            INTELLECTUAL PROPERTY RIGHTS AND UNDISCLOSED INFORMATION

         I.   Intellectual property rights of the Parties in direct cooperative activities

                     1.

                     The following rules shall apply to intellectual property rights resulting from direct cooperative activities, except copyright and related rights referred to in paragraph 3 below:

                                 (a)

                                 the intellectual property rights shall be owned by the Party or its agencies which generate the intellectual property. Where the intellectual property has been generated jointly, the Parties or their agencies shall consult to agree upon the ownership or allocation of the intellectual property rights taking into account the respective share of the work of the Parties or their agencies;

                                 (b)

                                 the Party or its agencies owning the intellectual property rights shall grant a licence to use such rights to the other Party or its agencies for carrying out any direct cooperative activity if this is needed to enable the other Party or its agencies to carry out their own work for the specific project under this Agreement. In case of patents and utility models, this licence shall be granted on a royalty-free basis. The granting of a licence to use any intellectual property rights under this subparagraph shall be subject to the applicable laws and regulations of each Party, and the conditions to be agreed upon between the Parties or their agencies prior to the start of the project.

                     2.

                     The Party or its agencies owning the intellectual property rights introduced in the course of direct cooperative activities shall grant a licence to use such rights to the other Party or its agencies for carrying out any direct cooperative activity if this is needed to enable the other Party or its agencies to carry out their own work for the specific project under this Agreement. The granting of a licence to use any intellectual property rights under this paragraph shall be subject to the applicable laws and regulations of each Party, and the conditions to be agreed upon between the Parties or their agencies prior to the start of the project.

                     3.

                     The following rules shall apply to copyright and related rights of the Parties or their agencies:

                                 (a)

                                 where a Party or its agencies publish scientific and technical data, information and results by means of journals, articles, reports, books, video tapes and digital storage devices, resulting from direct cooperative activities, the Party will make its best efforts to obtain for the other Party a non-exclusive, irrevocable and royalty-free licence in all countries where copyright protection is available to translate, reproduce, adapt, transmit and publicly distribute such works;

                                 (b)

                                 all publicly distributed copies of a copyrighted work under the provisions of subparagraph (a) above shall indicate the name(s) of the author(s) of the work unless an author explicitly declines to be named. They shall also bear a clearly visible acknowledgement of the cooperative support of the Parties.

               II.   Undisclosed information in direct cooperative activities

         The following rules shall apply to undisclosed information of the Parties or their agencies:

                     1.

                     When communicating to the other Party or its agencies information necessary to carry out direct cooperative activities, each Party shall identify that information it wishes to remain undisclosed.

                     2.

                     The Party or its agencies receiving undisclosed information may, under its own responsibility, communicate such undisclosed information to its agencies or persons within or employed by themselves if this is needed to enable those agencies or persons to carry out their own work for the specific project under this Agreement.

                     3.

                     With the prior written consent of a Party or its agencies providing undisclosed information, the other Party or its agencies may disseminate such undisclosed information more widely than otherwise permitted in paragraph 2 above. The Parties or their agencies shall cooperate with each other in developing procedures for requesting and obtaining prior written consent for such wider dissemination, and each Party will grant such consent to the extent permitted by its laws and regulations.

                     4.

                     Information obtained through seminars, other meetings, assignment of staff and use of facilities arranged under this Agreement, shall remain confidential where the recipient of such undisclosed or other confidential or privileged information was made aware of the confidential character of the information communicated at the time such communication was made according to paragraph 1 above, and be treated as indicated in paragraphs 2 and 3 above.

                     5.

                     If a Party becomes aware that it will be, or may be reasonably expected to become, unable to meet the restrictions and conditions of dissemination in paragraphs 2, 3 and 4 above, it shall immediately inform the other Party. The Parties shall thereafter consult to define an appropriate course of action.

               III.   Intellectual property rights of persons in indirect cooperative activities

         Each Party shall ensure that the intellectual property rights of persons of the other Party participating in research and development programmes and projects operated by the former Party, its agencies or official institutions, and the related rights and obligations resulting from such participation, shall be consistent with the relevant international conventions which are binding on the Government of Japan and the Community or all its Member States, including the Agreement on Trade-Related Aspects of Intellectual Property Rights in Annex 1C to the Marrakech Agreement Establishing the World Trade Organization, as well as the Paris Act of July 24, 1971 of the Berne Convention for the Protection of Literary and Artistic Works and the Stockholm Act of July 14, 1967 of the Paris Convention for the Protection of Industrial Property.


title: 2007/187/EC: Council Decision of 22 March 2007 appointing two German members and two German alternate members to the Committee of the Regions

text:
               28.3.2007

               EN

               Official Journal of the European Union

               L 87/12

      COUNCIL DECISION

   of 22 March 2007
   appointing two German members and two German alternate members to the Committee of the Regions
   (2007/187/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the German Government,
   Whereas:

               (1)

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

               (2)

               Two members’ seats on the Committee of the Regions have become vacant following the resignation of Mr SINNER and the end of the mandate of Mr HOLTER. One alternate member’s seat on the Committee of the Regions becomes vacant following the appointment of Ms MÜLLER as a member. A second alternate member’s seat has become vacant following the resignation of Ms BRETSCHNEIDER,

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

               (a)

               as members:

                           —

                           Ms Emilia MÜLLER to replace Mr SINNER,

                           —

                           Ms Uta-Maria KUDER, Justizministerin des Landes Mecklenburg-Vorpommern, to replace Mr HOLTER;

                     and

               (b)

               as alternate members:

                           —

                           Mr Edmund STOIBER, Ministerpräsident des Freistaates Bayern, to replace Ms MÜLLER,

                           —

                           Mr Detlef MÜLLER, Mitglied des Landtages von Mecklenburg-Vorpommern, to replace Ms BRETSCHNEIDER.

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

      Done at Brussels, 22 March 2007.

            For the Council

            The President

         W. TIEFENSEE

      (1)  OJ L 56, 25.2.2006, p. 75.


Avis juridique important

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41979D0008

79/8/EEC: Decision of the representatives of the Governments of the Member States of the European Economic Community, meeting within the Council, of 18 December 1978 on the abolition of certain postal charges for customs presentation

Official Journal L 006 , 10/01/1979 P. 0026 - 0026 Finnish special edition: Chapter 9 Volume 1 P. 0079  Greek special edition: Chapter 02 Volume 7 P. 0031  Swedish special edition: Chapter 9 Volume 1 P. 0079  Spanish special edition: Chapter 02 Volume 5 P. 0139  Portuguese special edition Chapter 02 Volume 5 P. 0139

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC COMMUNITY, MEETING WITHIN THE COUNCIL,  of 18 December 1978  on the abolition of certain postal charges for customs presentation  (79/8/EEC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC COMMUNITY, MEETING WITHIN THE COUNCIL,  Whereas the Commission has submitted proposals and the European Parliament and the Economic and Social Committee have delivered opinions on this matter;  Whereas progress should be made towards the actual free movement of goods and to making European citizens benefit directly therefrom,  HAVE DECIDED AS FOLLOWS:    Article 1 Charges will no longer be levied for the presentation to customs of consignments of goods from a Member State and which benefit on importation from exemption from turnover taxes and excise duties.   Article 2 The Member States shall take the necessary measures for the implementation of this Decision as soon as possible but not later than 1 July 1979.     Done at Brussels, 18 December 1978.  The President  H.-D. GENSCHER


Avis juridique important

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31983D0212

83/212/EEC: Decision of the European Parliament of 15 April 1983 granting a discharge to the Commission of the European Communities in respect of the activities of the second and third European Development Funds in the 1981 financial year

Official Journal L 119 , 06/05/1983 P. 0023 - 0023

*****DECISION  OF THE EUROPEAN PARLIAMENT  of 15 April 1983  granting a discharge to the Commission of the European Communities in respect of the activities of the second and third European Development Funds in the 1981 financial year  (83/212/EEC)  THE EUROPEAN PARLIAMENT,  - having regard to the report of the Court of Auditors on the accounts for the financial year 1981 accompanied by the replies of the institutions (1),  - having regard to the balance sheet and accounts of the European Development Funds for the 1981 financial year (COM(82) 824 final),  - having regard to the report of the Committee on Budgetary Control (Doc. 1-112/83),  - whereas the Treaty of 22 July 1975 empowers Parliament to grant a discharge in respect of the budgetary activities of the European Communities,  1. Grants the Commission a discharge in respect of the financial management of the second and third European Development Funds in the 1981 financial year;  2. Instructs its President to communicate this Decision to the Commission of the European Communities, to forward it to the other institutions and to arrange for its publication in the Official Journal of the European Communities (L series).  1.2 // The Secretary-General  // The President  // H.-J. OPITZ  // P. DANKERT  (1) OJ No C 344, 31. 12. 1982, p. 1.


title: Commission Decision 2009/724/JHA of 17 September 2009 laying down the date for the completion of migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)

text:
               30.9.2009

               EN

               Official Journal of the European Union

               L 257/41

      COMMISSION DECISION 2009/724/JHA
   of 17 September 2009
   laying down the date for the completion of migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty on European Union,
   Having regard to Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (1), and in particular Article 11(2) thereof,
   Whereas:

               (1)

               Article 11(2) of Decision 2008/839/JHA of 24 October provides for the migration of the Member States participating in SIS 1+ from N.SIS to N.SIS II using the interim migration architecture, with the support of France and of the Commission, by 30 September 2009 at the latest. If necessary, this date may be changed in accordance with the procedure defined in Article 17(2) of that Decision.

               (2)

               Issues identified during testing of SIS II led to delay in the implementation of the activities set out in Decision 2008/839/JHA. Council Conclusions of 26 and 27 February 2009 stated that, given the time required to resolve outstanding issues, the date for migration from SIS 1+ to SIS II, set for September 2009, was no longer realistic.

               (3)

               In the light of the delay to the migration from SIS 1+ to SIS II, the new date for the completion of migration should be set to coincide with the final expiry date of Decision 2008/839/JHA, allowing the continuation of activities leading to the start of operations of SIS II until that date.

               (4)

               The United Kingdom is taking part in this Decision, in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the EU Treaty and to the Treaty establishing the European Community, and Article 8(2) of Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (2).

               (5)

               Ireland is taking part in this Decision in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the EU Treaty and to the Treaty establishing the European Community, and Article 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis
                   (3).

               (6)

               As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis
                   (4), which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC (5) on certain arrangements for the application of that Agreement.

               (7)

               As regards Switzerland, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, which falls within the area referred to in Article 1, point G of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/149/JHA (6) on the conclusion, on behalf of the European Union, of the Agreement.

               (8)

               As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point G of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/262/JHA of 28 February 2008 on the signature, on behalf of the European Union, and on the provisional application of certain provisions of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis
                   (7).

               (9)

               The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 67(1) of Council Decision 2007/533/JHA (8) and referred to in Article 17(1) of Decision 2008/839/JHA,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Member States participating in SIS 1+ shall complete migration from N.SIS to N.SIS II using the interim migration architecture, with the support of France and of the Commission, by the expiry date of Decision 2008/839/JHA.

      Done at Brussels, 17 September 2009.

            For the Commission

         Jacques BARROT

            Vice-President

      (1)  OJ L 299, 8.11.2008, p. 43.

      (2)  OJ L 131, 1.6.2000, p. 43.

      (3)  OJ L 64, 7.3.2002, p. 20.

      (4)  OJ L 176, 10.7.1999, p. 36.

      (5)  OJ L 176, 10.7.1999, p. 31.

      (6)  OJ L 53, 27.2.2008, p. 50.

      (7)  OJ L 83, 26.3.2008, p. 5.

      (8)  OJ L 205, 7.8.2007, p. 63.


title: Council Decision 2012/421/CFSP of 23 July 2012 in support of the Biological and Toxin Weapons Convention (BTWC), in the framework of the EU Strategy against Proliferation of Weapons of Mass Destruction

text:
               24.7.2012

               EN

               Official Journal of the European Union

               L 196/61

         COUNCIL DECISION 2012/421/CFSP
   of 23 July 2012
   in support of the Biological and Toxin Weapons Convention (BTWC), in the framework of the EU Strategy against Proliferation of Weapons of Mass Destruction
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 26(2) and 31(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 12 December 2003, the European Council adopted the EU Strategy against Proliferation of Weapons of Mass Destruction (‘the EU Strategy’), Chapter III of which contains a list of measures to combat such proliferation.

               (2)

               The Union is actively implementing the EU Strategy and is giving effect to the measures listed in its Chapter III thereof, in particular those measures related to reinforcement, implementation and universalisation of the Biological and Toxin Weapons Convention (BTWC).

               (3)

               On 27 February 2006, the Council adopted Joint Action 2006/184/CFSP (1) in support of the BTWC, in the framework of the EU Strategy against the proliferation of the Weapons of Mass Destruction (WMD), which expired on 26 August 2007. Seven more States became States Parties to the BTWC since the adoption of Joint Action 2006/184/CFSP.

               (4)

               On 20 March 2006, the Council adopted an Action Plan on biological and toxin weapons, complementary to Joint Action 2006/184/CFSP in support of the BTWC (2). The Action Plans provided for an efficient use of Confidence Building Measures (CBMs) and the United Nations (UN) Secretary-General investigation mechanism for alleged use of biological weapons.

               (5)

               On 10 November 2008, the Council adopted Joint Action 2008/858/CFSP (3) in support of the BTWC, in the framework of the EU Strategy against the proliferation of WMD. Three more States became States Parties to the BTWC since the adoption of Joint Action 2008/858/CFSP and several States benefited from assistance provided by Union experts.

               (6)

               The Sixth Review Conference of the BTWC decided to establish the Implementation Support Unit (ISU), with a five-year mandate (2007-2011), within the Geneva Branch of the U N Office for Disarmament Affairs (UN ODA) in order to provide administrative support to meetings agreed by the Sixth Review Conference as well as support for the comprehensive implementation and universalisation of the BTWC and the exchange of Confidence-Building Measures.

               (7)

               On 18 July 2011, the Council adopted Decision 2011/429/CFSP (4) relating to the position of the European Union for the Seventh Review Conference of the BTWC.

               (8)

               The Seventh Review Conference of the BTWC decided to renew the mandate of the Implementation Support Unit for another five-year term (2012-2016) and decided to expand its tasks to include the implementation of the decision to establish and administer the database for assistance requests and offers, and facilitating the associated exchange of information among States Parties, as well as support, as appropriate, the implementation by States Parties of the decisions and recommendations of the Seventh Review Conference.

               (9)

               The Commission should be entrusted with the supervision of the proper implementation of the Union financial contribution,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   For the purpose of giving immediate and practical application to some elements of the EU Strategy against the Proliferation of Weapons of Mass Destruction, the European Union shall support the BTWC, with the following objectives:

               —

               promoting the universality of the BTWC,

               —

               supporting the implementation of the BTWC, including submission of CBMs by the States Parties,

               —

               supporting the work of the 2012-2015 inter-sessional programme with a view to strengthening the implementation and effectiveness of the BTWC.

         2.   The projects corresponding to measures of the EU Strategy, are those that aim at:

               —

               promoting awareness about implementation of the BTWC, strengthening the regional discussion of inter-sessional topics and their application, and supporting key regional actors in defining needs and requirements for national implementation,

               —

               assisting both States Parties and States non-Parties, in order to ensure that States Parties transpose their international obligations into their national legislation and administrative measures and establish functioning relationship among all national stakeholders. The assistance entails support to States Parties for establishing a national CBMs process and nomination of national contact points. For non-States Parties, the assistance would include support for acceding to or ratifying the BTWC,

               —

               supporting the development of various enabling tools and activities that would assist States Parties in national implementation, including the submission of CBMs, allow representatives of States Parties to actively engage in the international BTWC process, and raise States Parties’ awareness of available international support.

         A detailed description of these projects is set out in the Annex.
   Article 2
   1.   The High Representative of the Union for Foreign Affairs and Security Policy (HR) shall be responsible for the implementation of this Decision.
   2.   The technical implementation of the activities referred to in Article 1 shall be entrusted to the UN ODA. It shall perform its task under the responsibility of the HR. For this purpose, the HR shall enter into the necessary arrangements with the UN ODA.
   Article 3
   1.   The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 1 700 000.
   2.   The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with the UN ODA. The agreement shall stipulate that the UN ODA is to ensure visibility of the Union contribution.
   4.   The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the agreement.
   Article 4
   The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the UN ODA. Those reports shall form the basis for the evaluation carried out by the Council. The Commission shall provide information on the financial aspects of the projects referred to in Article 1(2).
   Article 5
   1.   This Decision shall enter into force on the day of its adoption.
   2.   This Decision shall expire 24 months after the date of the conclusion of the financing agreement referred to in Article 3(3) or six months after the date of its adoption if no financing agreement has been concluded within that period.

      Done at Brussels, 23 July 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 65, 7.3.2006, p. 51.

      (2)  OJ C 57, 9.3.2006, p. 1.

      (3)  OJ L 302, 13.11.2008, p. 29.

      (4)  OJ L 188, 19.7.2011, p. 42.

      ANNEX
      1.   GENERAL FRAMEWORK
      Building on the successful implementation of Joint Action 2008/858/CFSP, this Decision serves as an operational policy tool for carrying forward the objectives of Decision 2011/429/CFSP and focuses in particular on those aspects on which consensus was reached at the Seventh Review Conference, as reflected in its Final Document.
      This Decision is guided by the following principles:

                  (a)

                  making best use of the experience gained through Joint Action 2008/858/CFSP;

                  (b)

                  reflecting on specific needs expressed by the States Parties as well as States non-Parties to the BTWC with respect to better implementation and universalisation of the BTWC;

                  (c)

                  encouraging local and regional ownership of the projects in order to ensure their long-term sustainability and to build a partnership between the Union and third parties in the framework of the BTWC;

                  (d)

                  focusing on those activities that bring concrete results and/or contribute to an early framing of common understanding relevant for the 2016 BTWC review process;

                  (e)

                  supporting the Chair of the States Parties’ meetings and making best use of the mandate of the ISU as agreed at the Sixth Review Conference and renewed and expanded at the Seventh Review Conference.

            2.   PROJECTS
      2.1.   Project 1: Regional workshops to raise awareness and identify needs
      2.1.1.   Project purpose
      To raise awareness among relevant national officials and experts on different aspects of BTWC implementation (including CBMs), to discuss inter-sessional programme topics and their application in a regional context, and to identify key personnel, national needs and requirements, and possible recipient countries for extended national implementation assistance (see Project 2) through organising regional workshops building on the experience and contacts resulting from Joint Action 2008/858/CFSP.
      This project will support the implementation of the decisions and recommendations of the Seventh Review Conference concerning Article IV of the BTWC (in particular paragraphs 13 and 14 of the Final Declaration), and the 2012-2015 inter-sessional programme.
      2.1.2.   Expected results of the Project

                  (a)

                  Increased adherence to the BTWC in all geographic regions.

                  (b)

                  Enhanced understanding of the BTWC among the relevant national authorities and/or strengthened sub-regional networking concerning the BTWC in order to promote accession to and implementation of the BTWC.

                  (c)

                  Identification of needs for enhancing regional and national activities aimed at implementation of the BTWC.

                  (d)

                  Promotion of and support for, the creation and adherence to national and regional bio-safety associations.

                  (e)

                  Requests for extended assistance, to be executed under Project 2.

            2.1.3.   Project description and implementation
      A maximum number of four regional or sub-regional workshops will be held, where appropriate in collaboration with international and regional organisations and in coordination with the 2012-2015 BTWC inter-sessional programme.
      Both States Parties and States non-Parties to the BTWC will be invited to the workshops, as well as relevant international and regional organisations, national and regional bio-safety associations, academic experts and non-governmental organisations (NGOs).
      The regions or sub-regions will be selected for workshops on the basis of criteria such as previous activities within the framework of Joint Actions 2006/184/CFSP and 2008/858/CFSP and Council Common Position 2006/242/CFSP (1), other Union activities (including the Centres of Excellence project), activities of other assistance providers, and assessed needs and interests for strengthening of BTWC processes in the regions.
      The workshops will be used for outreach and information on the extended assistance programme and available support activities.
      2.2.   Project 2: Extended national implementation assistance programmes
      2.2.1.   Project purpose
      To promote universal adherence to the BTWC and enhance national capabilities for implementing obligations under the BTWC, including CBM submissions, by means of legislation, administrative and enforcement measures, awareness raising, codes of conduct, standards on bio-safety and bio-security, and establishment of modalities for national coordination through extended assistance programmes.
      2.2.2.   Expected results of the Project

                  (a)

                  Increased number of States Parties to the BTWC.

                  (b)

                  Voluntary implementation of the BTWC by States prior to their accession thereto.

                  (c)

                  Adoption of appropriate legislative or administrative measures, including criminal law provisions, which encompass the full scope of the prohibitions and preventive measures provided for in the BTWC and elaborated by the Seventh Review Conference.

                  (d)

                  Effective implementation and enforcement to prevent violations of the BTWC and to impose sanctions in cases of breaches.

                  (e)

                  Creation or enhancement of national mechanisms for compilation of required information and annual submissions of CBMs with a view to increase the number of States Parties participating in CBMs exchange.

                  (f)

                  Better coordination and networking among all stakeholders involved in the BTWC process, including national and regional bio-safety associations and the private sector, in order to promote effective implementation.

                  (g)

                  Promotion of awareness raising programs, codes of conduct and standards on bio-safety and bio-security.

            2.2.3.   Project description
      The Seventh Review Conference reaffirmed that the enactment and implementation of necessary national measures would strengthen the effectiveness of the BTWC. That Conference called upon States Parties to adopt legislative, administrative, judicial and other measures designed to enhance domestic implementation of the BTWC and to ensure the safety and security of microbial or other biological agents or toxins. That Conference emphasised the importance of the exchange of information among States Parties through the CBMs and recognised the need to increase the number of States Parties participating in the CBMs. That Conference agreed that a further concerted effort by States Parties through bilateral, regional and multilateral activities is needed for promoting the universalisation of the BTWC.
      Based on experiences gained through Joint Action 2008/858/CFSP, extended national implementation assistance programmes will be provided to a maximum of eight countries identified as suitable through the regional workshops of Project 1.
      Each programme will run for approximately 12 months, involve participation by EU delegations in beneficiary countries and the UN regional disarmament offices where appropriate, and will comprise:

                  —

                  an initial national workshop, to gather all the relevant domestic agencies and stakeholders, to introduce the various BTWC concepts, to identify motivated and reliable local partners, and to make an initial assessment of needs and priorities,

                  —

                  the development of a structured plan for assistance (Action Plan), tailored for the beneficiary country, that would involve visits and/or workshops by various assistance providers over the duration of the programme, as well as training provided in EU Member States or elsewhere,

                  —

                  the execution of the Action Plan, with providers such as Interpol, WHO, VERTIC, EU Member States, the BTWC ISU, and academic institutions conducting the respective assistance activities (e.g. drafting of legislation, bio-safety/bio-security training, CBM preparation, police training, awareness-raising for scientists, emergency response planning, etc),

                  —

                  a wrap-up workshop following the conclusion of the activities, where the threads will be drawn together, agencies will report on their activities and progress, and any needs for further or continuing assistance will be assessed,

                  —

                  to support universalisation of the BTWC, extended national assistance programmes could, where appropriate, be provided to States non-Parties, in which case accession to the BTWC would form part of the Action Plan agreed with the recipient country,

                  —

                  to ensure efficient and productive assistance, a EU workshop for EU experts assisting beneficiary countries under Project 2 will be organised with an objective of discussing best practices and appropriate preparations for assistance activities.

            2.3.   Project 3: Enabling tools and activities
      2.3.1.   Project purpose
      To provide various tools and activities, which will enable and support effective national implementation of the BTWC including submission of CBMs.
      2.3.2.   Expected results of the Project

                  (a)

                  Guidance brochure on national implementation.

                  (b)

                  Revised CBM guidance brochure.

                  (c)

                  System for electronic submission of CBMs.

                  (d)

                  Increased participation by developing countries in the BTWC inter-sessional programme.

                  (e)

                  Increased capacity for the UN Secretary-General mechanism for the investigation of alleged use of biological and toxin weapons.

            2.3.3.   Project description
      The Seventh Review Conference decided that strengthening of national implementation will be a Standing Agenda Item during the 2012-2015 inter-sessional programme. The topics to be addressed include specific measures for full and comprehensive implementation of the BTWC, especially Articles III and IV, and ways and means to enhance national implementation and sharing of best practices and experiences.
      The Seventh Review Conference decided to adopt a revision of the reporting forms for CBMs submissions. Further, it was decided that the ISU in cooperation with States Parties will examine and develop options for electronic means of CBMs submission.
      The Seventh Review Conference further discussed and decided on specific measures to support and increase the participation of developing States parties in the meetings of the inter-sessional programme.
      The Seventh Review Conference referred to the UN Secretary-General investigation mechanism for alleged use of chemical and biological weapons. Its promotion, including through specialised training courses for experts, would be instrumental.
      Based on experiences gained through the Joint Action 2008/858/CFSP and as a continuation of completed and/or initiated activities, the following actions will be performed:

                  (a)

                  preparation of comprehensive documentation (guidance brochure) providing an overview of the obligations of the States Parties of the BTWC and covering national measures for full and comprehensive implementation of the BTWC. The brochure will be designed as a toolkit of implementation measures and will provide examples of best practices while recognising differences in the national procedures. Experts from the EU Member States, BTWC States Parties, relevant international organisations, as well as the non-governmental sector concerned with BTWC implementation would be consulted in the process of its preparation. The brochure will be reproduced in all the official languages of the UN. Overall coordination of the preparation of the brochure will be carried out by UN ODA;

                  (b)

                  revision and further development of the CBMs guidance brochure, prepared under Joint Action 2008/858/CFSP, in accordance with the decision taken by the Seventh Review Conference;

                  (c)

                  development and maintenance of an electronic tool for CBMs submission, processing and dissemination (CBMs electronic facility);

                  (d)

                  further development of the ISU website and related IT and communication tools;

                  (e)

                  sponsorship for participation of experts from a maximum of ten developing countries in the BTWC inter-sessional programme;

                  (f)

                  organisation of an international exercise on the UN Secretary-General investigation mechanism for alleged use of biological weapons, with sponsorship for experts’ participation.

            3.   PROCEDURAL ASPECTS, COORDINATION
      The implementation of the projects will be initiated by a Steering Committee with an objective of determining procedures and modalities for cooperation. The Steering Committee will review the implementation of the projects regularly, at least once every six months, including by using electronic communication means.
      The Steering Committee will be composed of the representatives of HR and UN ODA.
      The applications of States Parties, which are not EU Member States, for any assistance and cooperation under this decision shall be addressed to the UN ODA. The UN ODA will review and assess those applications, as appropriate, and submit recommendations to the Steering Committee. The Steering Committee will examine the applications for assistance as well as the Action Plans and their implementation. On the proposal of the HR, and taking into account the outcomes of discussions in the Steering Committee, the HR will make the final decision on the beneficiary countries in consultation with the competent working parties of the Council.
      To ensure a strong ownership and sustainability of EU-initiated activities by beneficiary countries, it is envisaged that whenever possible and appropriate, selected beneficiaries will be asked to prepare the Action Plans, which will inter alia specify the timetable for carrying out funded activities (including those funded through national resources), the scope and the duration of the project, the main stakeholders. The UN ODA, or EU Member States as appropriate, will be associated with the preparation of those Action Plans. The implementation of the projects will be carried out in accordance with the Action Plans.
      4.   REPORTING AND ASSESSMENT
      The UN ODA will submit to the HR regular six-monthly progress reports on the implementation of the projects. In addition, reports will be submitted on individual assistance activities taking place under the established Actions Plans for beneficiary countries. The reports will be transmitted to the relevant working party of the Council for assessment of progress and overall evaluation of projects and a possible follow-up.
      Whenever possible, the BTWC States Parties will be informed about the implementation of the projects, including through electronic means.
      5.   PARTICIPATION OF EXPERTS COMING FROM EU MEMBER STATES
      The active involvement of experts coming from EU Member States is necessary for successful implementation of the Decision. The UN ODA will be encouraged to make use of those experts. Their mission costs related to the implementation of projects will be covered by this Decision.
      It is expected that when assistance visits are envisaged (such as legal assistance or assistance with CBMs), a visit by a maximum of three experts for a maximum duration of five days will be considered as standard practice.
      6.   DURATION
      The total estimated duration of the projects’ implementation is 24 months.
      7.   BENEFICIARIES
      The beneficiaries of universalisation-related activities are States non-Parties to the BTWC (both signatory States and non-signatory States).
      The beneficiaries of national implementation activities are both States Parties and States non-Parties to the BTWC, as well as representatives of national and regional bio-safety associations, the private sector, academia and NGOs.
      The beneficiaries of CBM-related activities are States Parties to the BTWC.
      8.   THIRD PARTY REPRESENTATIVES
      In order to promote regional ownership and the sustainability of the projects, the participation of non-EU experts, including those from relevant regional and international organisations, will be funded by this Decision. Participation by UN ODA in BTWC workshops and meetings will be funded. The participation of the Chair of BTWC States Parties meetings may be funded on a case-by-case basis.
      9.   IMPLEMENTING ENTITY — STAFF ISSUES
      Given the extra-budgetary character of the activities envisaged in this Decision for the UN ODA, additional staff will be required.

         (1)  OJ L 88, 25.3.2006, p. 65.


Avis juridique important

|

31991D0152

91/152/EEC: Council Decision of 18 March 1991 on the notification of the application by the Community of the 1989 International Agreement on Jute and Jute Products

Official Journal L 075 , 21/03/1991 P. 0056 - 0056 Finnish special edition: Chapter 11 Volume 16 P. 0246  Swedish special edition: Chapter 11 Volume 16 P. 0246

COUNCIL DECISION  of 18 March 1991  on the notification of the application by the Community of the 1989 International Agreement on Jute and Jute Products  (91/152/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 113 and 116 thereof,  Having regard to the proposal from the Commission,  Whereas the 1989 International Agreement on Jute and Jute Products (1) was signed by the Community and its Member States on 20 December 1990;  Whereas all Member States have indicated their intention to apply the Agreement;  Whereas the Community and its Member States should notify the Secretary-General of the United Nations Organization that they intend to apply the Agreement,  HAS DECIDED AS FOLLOWS:  Article 1  The Community and its Member States, after completion of the necessary internal procedures, shall, notify the Secretary-General of the United Nations Organization that they will apply the International Agreement on Jute and Jute Products  (1989), as importing members, when it enters into force in accordance with Article 40 (3).  Article 2  The President of the Council is hereby authorized to designate the persons empowered to lodge the instrument of notification on behalf of the European Economic Community. Done at Brussels, 18 March 1991. For the Council  The President  J.-C. JUNCKER  (1) OJ No L 29, 4. 2. 1991, p. 4.


title: 2006/457/EC,Euratom: Council and Commission Decision of  21 February 2005  on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union

text:
               6.7.2006

               EN

               Official Journal of the European Union

               L 185/21

      COUNCIL AND COMMISSION DECISION

   of 21 February 2005
   on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union
   (2006/457/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of Article 300(2) and the first subparagraph of Article 300(3), thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the 2003 Treaty of Accession, and in particular Article 2(3) thereof,
   Having regard to the 2003 Act of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Having regard to the Council's approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union was signed on behalf of the European Communities and their Member States on 27 April 2004.

               (2)

               Pending its entry into force, the Protocol has been applied on a provisional basis as from 1 May 2004.

               (3)

               The Protocol should be approved,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.
   The text of the Protocol is attached to this Decision (2).
   Article 2
   The President of the Council shall, on behalf of the Community and its Member States, give the notification provided for in Article 4 of the Protocol. The President of the Commission shall simultaneously give such notification on behalf of the European Atomic Energy Community.

      Done at Brussels, 21 February 2005.

            For the Council

            The President

         J. ASSELBORN

            For the Commission

            The President

         J. M. BARROSO

      (1)  OJ C 174 E, 14.7.2005, p. 44

      (2)  See page 17 of this Official Journal,


               12.10.2012

               EN

               Official Journal of the European Union

               C 308/8

         Decision of the High Representative of the Union for Foreign Affairs and Security Policy
   of 8 December 2011
   on the rules regarding data protection
   2012/C 308/07
   THE HIGH REPRESENTATIVE,
   Having regard to the Council Decision of 26 July 2010 establishing the organisation and functioning of the European External Action Service (2010/427/EU) (‘the EEAS Council Decision’), in particular Article 11(3) thereof,
   HAS ADOPTED THIS DECISION:
   SECTION 1

      GENERAL PROVISIONS

   Article 1
   Subject matter and scope
   This Decision lays down the implementing rules concerning Regulation (EC) No 45/2001 of the European Parliament and of the Council (‘the Regulation’) as regards the European External Action Service (‘EEAS’), in accordance with Article 24(8) thereof.
   Article 2
   Definitions
   For the purpose of this Decision and without prejudice to the definitions provided by the Regulation:

               (a)

               ‘controller’ shall mean the EEAS, its managing-directors, directors, or heads of services of an equivalent size or function, as well as the heads of Union Delegations, which, alone or jointly with others, determines the purposes and means of the processing of personal data;

               (b)

               ‘data protection coordinator’ shall mean an AD EEAS staff member designated to coordinate and assist with data protection matters at the levels of directorates or services of an equivalent size or function, as well as in Union Delegations if required;

               (c)

               ‘processor’ shall mean a member of the EEAS staff or contracted entities entrusted with data processing tasks by the controller;

               (d)

               ‘EEAS staff’ shall mean, in accordance with Article 6 of the EEAS Council Decision, those officials and other servants of the European Union working for the EEAS, including personnel from the diplomatic services of the Member States appointed as temporary agents, and specialised seconded national experts.

         SECTION 2

      THE DATA PROTECTION OFFICER

   Article 3
   Appointment and status of the Data Protection Officer (DPO)
   1.   The Chief Operating Officer (COO) shall select and appoint the DPO, in accordance with Article 24(2) of the Regulation, and register him/her with the European Data Protection Supervisor (‘EDPS’). The DPO shall be directly attached to the COO.
   2.   The term of office of the DPO shall be five years and is renewable once.
   3.   With respect to the performance of his/her duties, the DPO shall act in an independent manner and in cooperation with the EDPS. In particular, the DPO may not receive any instructions from the Appointing Authority of the EEAS or from anyone else regarding the internal application of the provisions of the Regulation and of this Decision or his/her cooperation with the EDPS. The DPO shall attend data protection training sessions in regular intervals and the COO shall take the necessary measures to this effect.
   4.   The COO shall evaluate the performance of the DPO's tasks and duties on a yearly basis, notably on the basis of the DPO’s annual report, after consultation of the EDPS as appropriate. The DPO may be dismissed from his/her post only with the consent of the EDPS, if he/she no longer fulfils the conditions required for the performance of his/her duties.
   5.   Without prejudice to the procedure foreseen for his/her appointment, the DPO shall be informed of all contacts with external parties relating to the application of the Regulation and of this Decision, notably with regard to interaction with the EDPS.
   6.   Without prejudice to the relevant provisions of the Regulation, the DPO and his/her staff shall be subject to the rules and regulations applicable to officials and other servants of the European Union.
   Article 4
   Duties
   The DPO shall:

               (a)

               ensure that controllers, data protection coordinators and data subjects are informed of their rights and obligations pursuant to the Regulation and to this Decision and that the rights and freedoms of data subjects are unlikely to be adversely affected by processing operations. In the discharge of this task, he/she shall in particular establish information and notification forms, consult interested parties and raise the general awareness of data protection issues;

               (b)

               respond to requests from the EDPS and, within the sphere of his/her competence, cooperate with the EDPS at the latter's request or on his/her own initiative;

               (c)

               ensure in an independent manner the internal application of the provisions of the Regulation and of this Decision in the EEAS;

               (d)

               keep a register of all processing operations carried out by the EEAS and grant access to it to any person directly or indirectly through the EDPS, in accordance with Articles 14 and 15; such register may also be maintained in electronic format;

               (e)

               notify the EDPS of the processing operations likely to present specific risks referred to in Article 27(2) of the Regulation.

         Article 5
   Tasks
   1.   In addition to the duties to be fulfilled as set out in Article 4, the DPO shall:

               (a)

               act as an advisor to the Appointing Authority of the EEAS and to controllers on matters concerning the application of the Regulation and of this Decision. The DPO may be consulted by the Appointing Authority, the controllers and processors concerned, the Staff Committee and by any EEAS staff member, without going through the official channels, on any matter concerning the interpretation or application of the Regulation and of this Decision;

               (b)

               on his/her own initiative or on the initiative of the Appointing Authority, the controllers, the processors, the Staff Committee or any EEAS staff member, investigate matters and occurrences directly relating to his or her tasks and which come to his/her notice, and report back to the Appointing Authority or the person who commissioned the investigation. If deemed appropriate, all other parties concerned should be informed accordingly. If the complainant is an individual, or in case the complainant acts on behalf of an individual, the DPO must, to the extent possible, ensure confidentiality of the request, unless the data subject concerned gives his/her unambiguous consent to treat the request otherwise;

               (c)

               cooperate in the discharge of his/her functions with the Data Protection Officers of other European Union institutions, bodies, offices and agencies, in particular by exchanging experience and best practices;

               (d)

               represent the High Representative or the EEAS as appropriate on all data protection related issues at international level, without prejudice to the provisions of the Treaties, including in particular Article 218 of the Treaty on the Functioning of the European Union;

               (e)

               submit an annual report on his/her activities to the High Representative and make it available to EEAS staff.

         2.   Without prejudice to Articles 4(b), Article 5(1)(b), and (c) and Article 15, the DPO and his/her staff shall not divulge information or documents which they obtain in the course of the exercise of their duties and tasks.
   Article 6
   Powers
   In performing his or her tasks and duties the DPO:

               (a)

               shall have access at all times to the data forming the subject-matter of processing operations and to all offices, data-processing installations and data carriers;

               (b)

               may request legal opinions from the EEAS Legal Affairs Division;

               (c)

               may call on the services of external information technology experts upon prior agreement of the Authorising Officer in accordance with the Financial Regulation (Regulation (EC, Euratom) No 1605/2002) and its implementing rules;

               (d)

               may, without prejudice to the EDPS's duties and powers, propose administrative measures and issue general recommendations on the appropriate application of the Regulation and of this Decision;

               (e)

               may make, in specific cases, any other recommendation for the practical improvement of data protection to the EEAS hierarchy and/or to all other parties concerned;

               (f)

               may bring to the attention of the Appointing Authority of the EEAS any failure of a staff member to comply with the obligations under the Regulation and this Decision and suggest an administrative investigation being launched in view of the possible application of Article 49 of the Regulation.

         Article 7
   Resources
   The DPO shall be provided with adequate staff and resources necessary to carry out his or her duties and tasks.
   SECTION 3

      RIGHTS AND OBLIGATIONS OF ACTORS IN THE FIELD OF DATA PROTECTION

   Article 8
   Appointing Authority
   1.   In case of a complaint within the meaning of Article 90 of the Staff Regulations relating to a violation of the Regulation or of this Decision, the Appointing Authority shall consult the DPO, who should deliver his/her opinion in writing no later than 15 days after receipt of the request. If, after the end of this period, the DPO has not provided his/her opinion to the Appointing Authority, it is no longer required. The Appointing Authority shall not be bound by the DPO's opinion.
   2.   The DPO shall be informed whenever an issue is under consideration which has, or might have, data protection implications.
   Article 9
   Controllers
   1.   The controllers are responsible for ensuring that all processing operations under their control comply with the Regulation and the provisions of this Decision. They may as required entrust data processing tasks to EEAS staff members working under their responsibility or to contracted entities, in accordance with Article 23 of the Regulation.
   2.   In particular, the controllers shall:

               (a)

               give prior notice to the DPO of any processing operation or set of such operations intended to serve a single purpose or several related purposes, as well as of any substantial change of an existing processing operation;

               (b)

               assist the DPO and the EDPS in performing their respective duties, in particular by giving information in reply to their requests within 30 days, at the latest;

               (c)

               cooperate with the data protection coordinators to establish the inventory of existing processing operations on personal data;

               (d)

               implement appropriate technical and organisational measures and give adequate instructions to the processors to ensure both the confidentiality of the processing and a level of security appropriate to the risks represented by the processing;

               (e)

               where appropriate, consult the DPO on the conformity of processing operations with the Regulation and this Decision, and in particular when they have reason to believe that certain processing operations are incompatible with Articles 4 to 10 of the Regulation. They may also consult the DPO and/or internal information technology security experts on issues relating to the confidentiality of the processing operations and on the security measures taken pursuant to Article 22 of the Regulation.

         Article 10
   Coordinators
   1.   Each managing-director or director or head of a service of equivalent size or function, or the head of a Union Delegation as required, shall designate a data protection coordinator working under his/her responsibility.
   Without prejudice to the responsibilities of the DPO, each coordinator shall:

               (a)

               assist in keeping an inventory of all existing processing of personal data and cooperate with the DPO for the purpose of establishing and updating the inventory of existing processing operations of personal data;

               (b)

               assist in identifying the respective controllers and processors;

               (c)

               have the right to obtain from the controllers, the processors and from EEAS staff adequate and necessary information required for the accomplishment of his/her administrative tasks. This shall not include the right of access to personal data processed under the responsibility of the controller;

               (d)

               endorse corporate notifications on types or categories of data processing operations to the DPO.

         2.   Without prejudice to the responsibilities of the controllers, the coordinators shall:

               (a)

               assist the controllers in complying with their obligations;

               (b)

               where appropriate, facilitate communication between the DPO and the controllers.

         Article 11
   EEAS staff
   1.   All EEAS staff shall contribute to the application of the confidentiality and security rules for the processing of personal data as provided for in Articles 21 and 22 of the Regulation. No member of EEAS staff with access to personal data shall process them other than on instructions from the controllers, unless required to do so by national or Union law.
   2.   Any member of EEAS staff may lodge a complaint with the EDPS regarding an alleged breach of the provisions of the Regulation or of this Decision governing the processing of personal data, without acting through official channels, as specified by the rules set by the EDPS.
   Article 12
   Data subjects
   1.   Further to the data subjects' right to be appropriately informed about any processing of personal data relating to themselves, in accordance with Articles 11 and 12 of the Regulation, the data subjects may approach the controller concerned to exercise their rights according to Articles 13 to 19 of the Regulation, as specified in Section 5 of this Decision.
   2.   Without prejudice to any judicial remedy, every data subject may lodge a complaint with the EDPS if he/she considers that his/her rights under the Regulation or this Decision have been infringed as a result of the processing of his/her personal data by the controllers, as specified by the rules set by the EDPS.
   3.   No data subject shall suffer prejudice on account of a complaint lodged with the EDPS or of a matter brought to the attention of the DPO alleging a breach of the provisions of the Regulation.
   SECTION 4

      REGISTER OF NOTIFIED PROCESSING OPERATIONS

   Article 13
   Notification procedure
   1.   Controllers shall notify to the DPO any processing operation of personal data on the basis of a notification form made accessible on the EEAS and Union Delegations Intranet site (under ‘Data Protection’). The notification shall be transmitted to the DPO electronically. A confirmatory notification shall be sent to the DPO by written note within 10 working days. Upon receipt of the confirmatory notification, the DPO shall publish it in the Register.
   2.   The notification shall include all information specified in Article 25(2) of the Regulation. Any change affecting this information shall be notified promptly to the DPO.
   3.   Further rules and procedures regarding the notification procedure to be followed by the controllers shall form part of the general recommendations issued by the DPO.
   Article 14
   Content and the purpose of the Register
   1.   The DPO shall keep a Register of processing operations performed upon personal data, which shall be set up on the basis of the notifications received from the controllers.
   2.   The Register shall contain at least the information referred to in Article 25(2)(a) to (g) of the Regulation. However, the information entered in the Register by the DPO may exceptionally be limited when it is necessary to safeguard the security of a specific processing operation.
   3.   The Register shall serve as a repertory of the personal data processing operations conducted by the EEAS. It shall be accessible by data subjects in order to facilitate the exercise of their rights as set out in Articles 13 to 19 of the Regulation and in this Decision.
   Article 15
   Access to the Register
   1.   Appropriate measures shall be taken by the DPO to ensure that any data subject may have access to the Register, either directly or indirectly through the EDPS. In particular, the DPO shall provide information and assistance to data subjects how and where applications for access to the Register can be made.
   2.   Except where online access is granted, applications for access to the Register may be made in any written form, including electronically, in one of the languages referred to in Article 342 of the Treaty on the Functioning the European Union and in a sufficiently precise manner to enable the DPO to identify the concerned processing operations. An acknowledgement of receipt shall be sent to the applicant without delay.
   3.   If an application is not sufficiently precise, the DPO shall ask the applicant to clarify the application and shall assist the applicant in doing so. In the event of an application relating to a very large number of processing operations, the DPO may confer with the applicant informally, with a view to finding a fair solution.
   4.   Any data subject may request from the DPO a copy of the information which is available in the Register on any notified processing operation.
   SECTION 5

      PROCEDURE FOR DATA SUBJECTS TO EXERCISE THEIR RIGHTS

   Article 16
   General provisions
   1.   The data subjects' rights specified in this Section may only be exercised by the individuals concerned or, in exceptional cases, on behalf of the individuals with proper authorisation. Requests shall be addressed in writing to the controller concerned with a copy to the DPO. If necessary, the DPO shall assist the data subject in identifying the controller concerned. The DPO shall make specific forms available. Controllers shall grant the request only if the form has been filled in completely and the applicant's identity has been verified properly. The exercise by data subjects of their rights shall be free of charge.
   2.   The controller concerned shall send to the applicant an acknowledgement of receipt within five working days from the registration of the application. Unless otherwise provided, the controller shall reply to the request at the latest within 15 working days from the registration of the request and shall either give satisfaction or state in writing the reasons for the total or partial refusal, in particular in cases where the applicant is not considered as data subject.
   3.   In case of irregularities or obvious misuse by the data subject in exercising his/her rights and where the processing is alleged to be unlawful by the data subject, the controller must consult the DPO on the request and/or refer the data subject to the DPO, who will decide on the eligibility of the request and the appropriate follow-up to be given.
   4.   Any data subject may consult the DPO with regard to the exercise of his/her rights in a specific case. Without prejudice to any judicial remedy, every data subject may lodge a complaint with the EDPS, if he/she considers that his/her rights under the Regulation have been infringed as a result of the processing of his/her personal data.
   Article 17
   Right of access
   The data subject shall have the right to obtain from the controllers, without constraint, at any time within three months from the receipt of the request, the information referred to in points (a) to (d) of Article 13 of the Regulation, either by consulting these data on the spot, or by receiving a copy, including, where appropriate, a copy in an electronic form, according to the applicant's preference.
   Article 18
   Right of rectification
   Each data subject's request for the rectification of inaccurate or incomplete personal data shall specify the data concerned as well as the rectification to be made. It shall be dealt with by the controller without delay.
   Article 19
   Right of blocking
   The controller concerned shall treat any request for the blocking of data under Article 15 of the Regulation without delay. The request shall specify the data concerned as well as the reasons for blocking them. The controller shall inform the data subject who made the request before the data are unblocked.
   Article 20
   Right of erasure
   The data subject may request the controllers to erase data without delay in case of unlawful processing, particularly where the provisions of Articles 4 to 10 of the Regulation have been infringed. The request shall specify the data concerned and shall provide the reasons or evidence of the unlawfulness of the processing. In automated filing systems, erasure shall in principle be ensured by all appropriate technical means, excluding the possibility of any further processing of the erased data. If erasure is not possible for technical reasons, the controller concerned, after consultation of the DPO and of the interested person, shall proceed to the immediate blocking of such data.
   Article 21
   Notification to third parties
   In case of any rectification, blocking or erasure following a request made by the data subject, he/she may obtain from the controllers the notification to third parties to whom his/her personal data have been disclosed, unless this proves impossible or involves a disproportionate effort.
   Article 22
   Right to object
   The data subject may object to the processing of data relating to him/her and to the disclosure or use of his/her personal data, in conformity with Article 18 of the Regulation. The request shall specify the data concerned and shall provide the reasons justifying the request. Where the objection is justified, the processing in question shall no longer involve those data.
   Article 23
   Automated individual decisions
   The data subject is entitled not to be the subject of automated individual decisions in the meaning of Article 19 of the Regulation, unless the decision is explicitly authorised pursuant to national or Union legislation, or by an EDPS decision safeguarding the data subject's legitimate interests. In either case, the data subject shall have the opportunity to make known his or her point of view in advance and to consult the DPO.
   Article 24
   Exceptions and restrictions
   1.   To the extent that legitimate reasons as specified in Article 20 of the Regulation clearly justify it, the controllers may restrict the rights referred to in Articles 17 to 21 of this Decision. Except in case of absolute necessity, the controller concerned shall first consult the DPO, whose opinion shall not bind the EEAS. The controller shall reply to requests relating to the application of exceptions or restrictions to the exercise of rights without delay and shall substantiate this decision.
   2.   Any data subject concerned may request the EDPS to apply Article 47(1)(c) of the Regulation.
   SECTION 6

      INVESTIGATION PROCEDURE

   Article 25
   Practical modalities
   1.   Requests for an investigation shall be addressed to the DPO in writing by using a specific form made available by him/her. In the case of obvious misuse of the right to request an investigation, for example where the same individual has made an identical request only recently, the DPO is not obliged to report back to the requester.
   2.   Within 15 days upon receipt, the DPO shall send acknowledgement of receipt to the Appointing Authority or the person who commissioned the investigation and verify whether the request is to be treated as confidential.
   3.   The DPO shall request from the controller who is responsible for the data processing operation in question a written statement on the issue. The controller shall provide his/her response to the DPO within 15 days. The DPO may request complementary information from other EEAS services, such as the Security and Security of Information (Infosec) Department of the EEAS. If appropriate, he/she may request an opinion on the issue from the EEAS Legal Affairs Division. The DPO shall be provided with the information or opinion within 30 days.
   4.   The DPO shall report back to the Appointing Authority and the person who made the request no later than three months following its receipt.
   SECTION 7

      FINAL PROVISIONS

   Article 26
   In the event of any inconsistency between the provisions of this Decision and the Regulation, the latter shall prevail.
   Article 27
   This Decision shall be made available to the EEAS staff through appropriate means, notably through publication on the EEAS and Union Delegations Intranet site (under ‘Data Protection’).
   Article 28
   Effect
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 8 December 2011.

            The High Representative

         C. ASHTON