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31982D0878

82/878/EEC: Council Decision of 21 December 1982 on a preparatory phase for a Community research and development programme in the field of information technologies

Official Journal L 369 , 29/12/1982 P. 0037 - 0040

*****COUNCIL  DECISION  of 21 December 1982  on a preparatory phase for a Community research and development programme in the field of information technologies  (82/878/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas, by its resolution of 14 January 1974 (3), the Council invited the Commission to define projects of interest to the Community in the field of science and technology;  Whereas the need to develop scientific and technical research at Community level was stated by the Council on 9 November 1981 and the Heads of State or Government on 26 and 27 November 1981;  Whereas the overall Community strategy results from the creation and implementation of a general framework programme of common scientific and technical activities; whereas amongst the basic options proposed by the Commission for the framework programme the 'promotion of industrial competitiveness' calls for special support measures; whereas the development of the new information technologies is a special objective, especially as they must back up and enhance the efficiency of the Community's research and innovation capability, which are essential factors for European industrial competitiveness;  Whereas it is necessary to make an urgent start on a preparatory phase in order to prepare a full-scale programme of research and development in information technologies;  Whereas, since the specific powers of action required to adopt this Decision have not been provided for in the Treaty, it is necessary to invoke Article 235 thereof,  HAS DECIDED AS FOLLOWS:  Article 1  A Community research and development activity in the field of information technologies is hereby adopted for a maximum period of one year commencing not earlier than 1 January 1983.  This activity will be a preparatory phase for a Community research and development programme in this field.  Article 2  The activity is designed essentially to verify the approach to the establishment, in the field of information technologies, of precompetitive research and development cooperation at Community level concerted with national programmes.  The activity will take account of requirements regarding the development of standards to serve the interests of European industry in this field.  The activity will consist of 16 pilot projects as defined in the Annex hereto. The projects will be executed by means of shared cost contracts, normally on the basis of a minimum contribution of 50 % from contractors with the remainder being contributed by the Community. In some exceptional cases, it may be necessary to fall below the minimum contribution of 50 % from contractors but, in all cases, a substantial contribution from contractors will be required.  Article 3  The activity will be open, on an equal footing and under appropriate conditions, to participation by all undertakings, including small and medium-sized undertakings, universities and other bodies in all the Member States which are carrying out research and development activities in information technologies in the Community and which are interested in taking part. Each contract should have at least one industrial participant.  Article 4  The Community funds estimated as necessary for the execution of the activity should be 11;5 million ECU.  Article 5  The Commission will institute an evaluation, by experts, of the experience obtained during the activity with special reference to the establishment of precompetitive research and development cooperation at Community level concerted with national programmes and will forward a report thereon to the Council at the end of the activity.  Done at Brussels, 21 December 1982.  For the Council  The President  O. MOELLER  (1) Opinion delivered on 17 December 1982 (not yet published in the Official Journal).  (2) Opinion delivered on 25 November 1982 (not yet published in the Official Journal).  (3) OJ No C 7, 29. 1. 1974, p. 6.  ANNEX  The pilot projects include within the given areas the following specific research and development projects:  I. ADVANCED MICROELECTRONICS  - Advanced interconnect for very large scale integration (VLSI)  The development of a multi-layer metal interconnection technology that will enable one micron minimum feature size components to be interconnected at high density within the chip.  - High level computer aided design for interactive layout and design  The development of new high level computer aided design tools needed to solve the layout and connectivity problems inherent in VLSI circuit technology.  II. SOFTWARE TECHNOLOGY  - Portable common tool environment  A research and development project to investigate the problems of providing a common base for software development toolsets to be used to foster European cooperative research and development in software technology. The work should lead to a software tool environment and the definition of interfaces and standards.  - Formal specification and systematic programme development  A research and development project to identify a systematic approach to software development based on formal specifications and transformations of representations and to develop a coherent toolset supporting each phase of the software life cycle.  - Software production and maintenance management systems (SPMMS)  A research and development project to define and implement a complete consistent and efficient information management system for all the activities in the life cycle of software. Emphasis is on the organizational aspects of software development, on the product characteristics of software, and on the mutual dependencies between business and technical decisions.  III. ADVANCED INFORMATION PROCESSING  - Advanced algorithms and architecture for signal processing  To develop algorithmic structures, languages for expressing them and experimental prototypes for signal processing leading to a technology for the man machine interfaces that will be an essential part of future information systems and will enable input and output information to be spoken and visual.  - Knowledge information management system  A research and development project leading to the definition and construction of experimental prototypes of a first generation knowledge based system. These will serve as vehicles for the development of advanced knowledge processing technologies.  - Interactive query system  A research and development project concerning query language, inference techniques and query optimization leading to the technology needed for interactive query systems that will be significantly easier to use by non-dp experts. IV. OFFICE AUTOMATION  - Functional analysis of office requirements  A methodical investigation leading to the classification of office activities by high level function. The classification will enable the functional specifications of new systems to be formulated and the technologies needed to implement the chosen functions to be developed.  - Multi-media user interface at the office workstation  A research and development project leading to the development of the technologies needed to handle in an integrated way multi-media communications and documents, carrying simultaneously text, picture and voice. Work is to include ergonomic considerations of new terminals that will be needed.  - Local wideband communication system  A research and development project to define and take to experimental prototype stage a local area wideband communications system embracing speech data, text, graphics and video, that can also form the basis for a European standard.  - Office filing and retrieval of unstructured information  A project defining office filing systems permitting (partially content addressable) retrieval of mixed mode information. This is expected to lead to the establishment of requirements and functional capabilities suitable for standardization proposals.  V. COMPUTER INTEGRATED MANUFACTURING (CIM)  - Design rules for computer integrated manufacturing systems  A methodical investigation into the design rules required for system integration of different sub-systems of computer integrated manufacturing systems. The investigation is to include a detailed study of manufacturing system design for the automated factory covering such topics as operating rules, production control, productivity and economic factors.  - Integrated micro-electronic sub-systems for plant automation  A development project to design, develop, test and prove experimental prototypes of a single chip integrated three axis continuous path interpolator, a single chip integrated axis controller and a single chip integrated servo interface. The work is to be done for application to machine tool and robot control systems.  - Process and production control based on real-time imaging systems and as a tool for cooperative research and development  A research and development programme to define target applications involving 21 / 2 and 3D imaging, utilizing visual, tactile and thermal sensing and to implement the hardware and software development of an experimental prototype with which to demonstrate and study, complex, real-time, image driven, pattern directed control applications in actual or simulated production environments.  VI. INFORMATION EXCHANGE SYSTEM  A system for exchange of information and to link computing facilities to allow distributed software development.


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E1994C0074

EFTA SURVEILLANCE AUTHORITY DECISION No 74/94/COL of 27 June 1994 concerning additional guarantees relating to infectious bovine rhinotracheitis for bovines destined for Norway

Official Journal L 247 , 22/09/1994 P. 0050 - 0051

EFTA SURVEILLANCE AUTHORITY DECISION No 74/94/COL of 27 June 1994 concerning additional guarantees relating to infectious bovine rhinotracheitis for bovines destined for Norway THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, in particular Article 17 and Protocol 1 (4) (d) thereof,Having regard to the Act referred to in point 1 of Chapter I in Annex I to the Agreement on the European Economic Area concerning animal health problems affecting intra-Community trade in bovine animals and swine (Council Directive 64/432/EEC, hereinafter referred to as 'the Cattle and Swine Act`), and in particular Article 10 thereof,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5 (2) (d) and Protocol 1, Article 1 (c) thereof,Whereas Norway considers, as stated in a letter dated 4 January 1994, its territory to be free of infectious bovine rhinotracheititis (IBR);Whereas Norway has submitted documentation to the EFTA Surveillance Authority as provided for in Article 10 of the Cattle and Swine Act;Whereas the authorities of Norway apply for national movement of bovine animals rules at least equivalent to those foreseen in this Decision;Whereas Norway has undertaken to monitor the situation by annual surveys and to submit a report to the EFTA Surveillance Authority annually of the findings concerning IBR;Whereas it is appropriate to propose certain additional guarantees to protect the disease status in Norway;Whereas the additional guarantees provided for in the present Decision must not be requested from EFTA States or regions thereof which are themselves regarded as free from IBR;Whereas the measures provided for in this Decision are in accordance with the opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority,HAS ADOPTED THIS DECISION:1. Bovine animals intended for breeding and production coming from an EFTA State or EC Member State and destined for Norway, must fulfil the following conditions:1.1. according to official information, no clinical or pathological evidence of infectious bovine rhinotracheitis (IBR) disease must have been reported in the herd of origin for the past 12 months;1.2. the bovines must have been isolated in accommodation approved by the competent authority for the 30 days immediately prior to movement;1.3. the bovines must have been subjected to a serological test for IBR on sera taken at least 21 days after entry into isolation, with negative results. All animals in isolation must also have given negative results to this test;1.4. the bovines must not have been vaccinated against IBR.2. Bovines intended for slaughter coming from an EFTA State or EC Member State and destined for Norway must be transported directly to the slaughterhouse of destination.3. The health certificate provided for in Annex F to the Cattle and Swine Act must be completed by the following for bovines sent to Norway:'bovines in accordance with EFTA Surveillance Authority Decision No 74/94/COL of 27 June 1994 concerning additional guarantees relating to infectious bovine rhinotracheititis for bovines destined for Norway`.4. Norway shall submit an annual report of its monitoring and findings concerning IBR. This report shall be submitted to the EFTA Surveillance Authority at the latest by 1 April the following year.5. The conditions laid down in points 1 to 3 shall not apply to introduction into Norway of bovine animals from an EFTA State, or from a part thereof, which pursuant to Article 10 of the Cattle and Swine Act has been granted additional guarantees corresponding to those provided for in this Decision.6. This Decision shall enter into force on 1 July 1994.7. This Decision is addressed to the EFTA States.8. This Decision shall be authentic in the English language.Done at Brussels, 27 June 1994.For the EFTA Surveillance AuthorityPekka SÄILÄCollege Member


title: 2010/746/EU: Decision of the European Parliament and of the Council of 24 November 2010 on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2009/030 NL/Drenthe Division 18 from the Netherlands)

text:
               4.12.2010

               EN

               Official Journal of the European Union

               L 318/43

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 24 November 2010
   on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2009/030 NL/Drenthe Division 18 from the Netherlands)
   (2010/746/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               The Netherlands submitted an application on 30 December 2009 to mobilise the EGF, in respect of redundancies in two enterprises operating in the NACE Revision 2 Division 18 (printing and reproduction of recorded media) in the NUTS II region Drenthe (NL13) and supplemented it with additional information up to 6 May 2010. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 453 632.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by the Netherlands,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2010, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 453 632 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 24 November 2010.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         O. CHASTEL

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


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31993D0701

93/701/EC: Commission Decision of 7 December 1993 on the setting-up of a general consultative forum on the environment

Official Journal L 328 , 29/12/1993 P. 0053 - 0054 Finnish special edition: Chapter 15 Volume 13 P. 0087  Swedish special edition: Chapter 15 Volume 13 P. 0087

COMMISSION DECISION of 7 December 1993 on the setting-up of a general consultative forum on the environment (93/701/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Whereas in its resolution of 1 February 1993 on a Community programme of policy and action in relation to the environment and sustainable development (1), the Council approved the approach and general strategy of the programme 'Towards Sustainability'  presented by the Commission;  Whereas the programme provides for the setting-up of a general consultative forum bringing together representatives from the sectors of production, the business world, regional and local authorities, professional associations, unions and environmental  protection and consumer organizations;  Whereas the forum must be a place of consultation and dialogue between the representatives of the said sectors and the Commission;  Whereas the forum should contain a balanced number of representatives from the various sectors concerned; whereas its members should be appointed by the Commission in the light of recommendations from organizations representing each sector concerned at  Community level,  HAS DECIDED AS FOLLOWS:   Article 1  1. A consultative committee on the environment, to be known as the general consultative forum on the environment, hereinafter referred to as 'the forum', is hereby set up at the Commission.  2. The forum shall consist of figures from the sectors of production, the business world, regional and local authorities, professional associations, unions and environmental protection and consumer organizations.   Article 2  1. The forum may be consulted by the Commission on any problem relating to the Community's environment policy.  2. A vice-chairman of the forum may draw the Commission's attention to the expediency of consulting the forum on a matter within the latter's field of competence on which no opinion has been requested.   Article 3  The forum shall consist of 32 members. Seats shall be allocated as follows:  (a) seven to 12 seats for business figures;  (b) three to five seats for representatives from regional and local authorities;  (c) four to seven seats for representatives from environmental protection and consumer organizations;  (d) one to three seats for union representatives;  (e) seven to 10 seats for figures with particular competence in the environmental field.   Article 4  Members of the forum shall be appointed by the Commission, which shall take account of the recommendations made to it by the parties referred to in Article 1 (2).   Article 5  1. The term of office of a forum member shall be three years. It may be renewed.  2. On expiry of the three-year period, forum members shall continue to perform theirs tasks until such time as they are replaced or reappointed.  3. A member's term of office shall be termined before the end of the three-year period in the event of resignation or death. He shall be replaced for the remainder of his term of office in accordance with the procedure set out in Article 4.  4. No remuneration shall be given in respect of the tasks performed by a forum member.   Article 6  The Commission shall publish the list of members in the Official Journal of the European Communities.   Article 7  1. The forum shall be chaired by a representative of the Commission.  2. The forum shall elect two vice-chairmen from among its members for a period of 18 months. This period may be renewed once. Election shall be by a two-thirds majority of members present.  3. The chairman and the vice-chairmen shall constitute the bureau. The bureau shall prepare and organize the work of the forum.   Article 8  1. The forum may, on a proposal from one of its members or the Commission, invite any person having a particular competence in a matter included in the agenda to participate in its work as an expert.  2. Experts shall take part only in the deliberations on those items for which their presence is required.   Article 9  The forum may set up working parties.   Article 10  1. The forum and the bureau shall meet at the seat of the Commission when convened by it.  2. Representatives from the relevant Committee departments shall take part in the meetings of the forum, the bureau and the working parties.  3. The Commission shall provide the secretariat for the forum, the bureau and the working parties.   Article 11  1. The forum's deliberations shall deal with requests for opinions lodged by the Commission. They shall not be followed by a vote.  2. When requesting an opinion from the forum, the Commission may set a deadline for delivery of the opinion.  3. The positions adopted shall appear in a record sent to the Commission.   Article 12  Without prejudice to the provisions of Article 214 of the Treaty, forum members shall be required not to divulge information of which they become aware through the work of the forum or the working parties where the Commission informs the  latter that an opinion requested or a question raised concerns a matter which is confidential.  In this event, only forum members and representatives of the Commission departments shall attend meetings.   Article 13  This Decision shall take effect on 7 December 1993.  Done at Brussels, 7 December 1993.  For the Commission Yannis PALEOKRASSAS Member of the Commission  (1) OJ No C 138, 17. 5. 1993, p. 5.


title: 2012/215/EU: Council Decision of 24 April 2012 appointing a Luxembourg member of the Committee of the Regions

text:
               26.4.2012

               EN

               Official Journal of the European Union

               L 114/18

         COUNCIL DECISION
   of 24 April 2012
   appointing a Luxembourg member of the Committee of the Regions
   (2012/215/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Luxembourg Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Albert LENTZ,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               —

               Mr Ali KAES, Bourgmestre de la commune de Tandel.

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

      Done at Luxembourg, 24 April 2012.

            For the Council

            The President

         N. WAMMEN

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


title: 2007/530/Euratom: Commission Decision of 17 July 2007 on establishing the European High Level Group on Nuclear Safety and Waste Management (Text with EEA relevance)

text:
               27.7.2007

               EN

               Official Journal of the European Union

               L 195/44

      COMMISSION DECISION

   of 17 July 2007
   on establishing the European High Level Group on Nuclear Safety and Waste Management
   (Text with EEA relevance)
   (2007/530/Euratom)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 135 thereof,
   Whereas:

               (1)

               The European Atomic Energy Community (Euratom) and its Member States are committed to maintaining and further improving the safety of nuclear installations and the safe management of spent fuel and radioactive waste, as reflected in particular in existing Community legislation adopted under articles 31 and 32 of the Euratom Treaty, as well as in the relevant resolutions and conclusions of the European Council, the European Parliament, the Council, and the European Economic and Social Committee.

               (2)

               The European Council of 8/9 March 2007 endorsed the Commission proposal to set up an EU High Level Group on Nuclear Safety and Waste Management, with the mandate of progressively developing common understanding and, eventually, additional European rules in these fields.

               (3)

               The work of the High Level Group should take into account the conclusions of the 2798th meeting of the Council of the European Union (Economic and Financial Affairs) of 8 May 2007 which sets out a list of possible actions, on the basis of the reports of the Working Party on Nuclear Safety, and build on the existing cooperation within current international contexts (such as Convention on Nuclear Safety, Joint Convention, International Atomic Energy Agency, Organisation for Economic Co-operation and Development/Nuclear Energy Agency, Western European Nuclear Regulators Association).

               (4)

               The High Level Group should be composed of the heads of the national regulatory or safety authorities competent in the areas of the safety of nuclear installations and the safe management of spent fuel and radioactive waste. The Commission should designate a representative.

               (5)

               The High Level Group should on a regular basis inform the European Nuclear Energy Forum, which constitutes a comprehensive discussion platform involving all relevant stakeholders in the nuclear field. It should contribute to a consistent application, in all Member States concerned, of the relevant existing provisions.

               (6)

               The High Level Group should submit regular activity reports, including recommendations where appropriate, to the Commission, to be transmitted to the European Parliament and to the Council.

               (7)

               The High Level Group therefore has to be set up and its terms of reference and structures detailed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The European High Level Group on Nuclear Safety and Waste Management (hereinafter referred to as the ‘High Level Group’) is hereby set up.
   Article 2
   Tasks
   The High Level Group, at its own initiative or at the request of the Commission, shall advise and assist the Commission in progressively developing common understanding and eventually additional European rules in the fields of:

               (a)

               the safety of nuclear installations, and

               (b)

               the safety of the management of spent fuel and radioactive waste.

         It shall facilitate consultations, coordination and cooperation of national regulatory authorities.
   Article 3
   Composition
   1.   The High Level Group shall be composed of 27 national representatives with competence in the fields referred to in Article 2 and a representative of the Commission. The group may decide by simple majority to enlarge the membership by inclusion of the deputy members.
   Each Member State shall nominate one member and one deputy member. Members of the group shall remain in office until such time as they are replaced.
   2.   A high-level representative shall be designated by the Commission to attend the meetings and participate in the debates of the High Level Group. The Commission's representative is an equal member of the group and takes part in all its meetings.
   3.   Members who are no longer able to contribute effectively to the group’s deliberations, who resign or who do not respect the conditions for membership may be replaced for the remaining period of their mandate.
   4.   Members appointed individually shall each year sign an undertaking to act in the public interest and a declaration indicating the absence or existence of any interest which may undermine their objectivity.
   5.   The names of members appointed individually are published on the Internet site of the DG Transport and Energy.
   Article 4
   Organisation
   1.   The High Level Group elects a chair from amongst its members by a simple majority.
   2.   The High Level Group may set up expert working groups or sub-groups to study specific subjects under the terms of reference established by the group. They shall be disbanded as soon as these tasks have been fulfilled.
   3.   The Commission may attend all meetings of such expert working groups.
   4.   The group and its sub-groups normally meet on Commission premises in accordance with the procedures and schedule established. The Commission provides secretarial services.
   5.   Experts from EEA States and States which are candidates for accession to the European Union may attend the meeting of the High Level Group as observers. The High Level Group and the Commission may invite other experts and observers to attend its meetings.
   6.   The High Level Group shall adopt its Rules of Procedure by consensus or, in the absence of consensus, by a two-thirds majority vote, one vote being expressed per Member State, subject to the approval of the Commission.
   7.   The Commission shall provide the secretariat of the High Level Group.
   Article 5
   Meeting expenses
   Travel and subsistence expenses incurred by one representative per Member State, in connection with the activities of the High Level Group, shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
   The members shall not be paid for their duties.
   Article 6
   Reporting
   The High Level Group shall submit, at least two years after the entry into force of this Decision, and thereafter every two years, a report of its activities to the Commission.
   The Commission shall transmit the reports to the European Parliament and to the Council, where appropriate with comments.
   Article 7
   Transparency
   The High Level Group shall consult extensively with all stakeholders and the interested public in an open and transparent manner.
   Article 8
   Confidentiality
   Where the Commission informs the High Level Group that the advice requested or the question raised is of a confidential nature, members of the Group as well as observers and any other person shall be under an obligation not to disclose information which has come to their knowledge through the work of the High Level Group or its working groups.
   The Commission representative may request in such cases that only members of the High Level Group may be present at meetings.
   Article 9
   Entry into force
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 17 July 2007.

            For the Commission

         Andris PIEBALGS

            Member of the Commission


title: 2010/397/: Council Decision of 3 June 2010 on the signing, on behalf of the European Union, and on provisional application of the Fisheries Partnership Agreement between the European Union and Solomon Islands

text:
               22.7.2010

               EN

               Official Journal of the European Union

               L 190/1

         COUNCIL DECISION
   of 3 June 2010
   on the signing, on behalf of the European Union, and on provisional application of the Fisheries Partnership Agreement between the European Union and Solomon Islands
   (2010/397/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Union has negotiated with Solomon Islands a Fisheries Partnership Agreement providing Union vessels with fishing opportunities in the waters over which Solomon Islands has sovereignty or jurisdiction in respect of fisheries.

               (2)

               As a result of those negotiations, a new Fisheries Partnership Agreement was initialled on 26 September 2009.

               (3)

               The Partnership Agreement between the European Community and Solomon Islands on fishing off Solomon Islands (1) is to be repealed and replaced by the new Fisheries Partnership Agreement.

               (4)

               The new Fisheries Partnership Agreement should be signed on behalf of the Union.

               (5)

               In order to guarantee the continuation of fishing activities by Union vessels, it is essential that the new Fisheries Partnership Agreement be applied as quickly as possible. Both parties have therefore initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the Fisheries Partnership Agreement as from 9 October 2009 pending its entry into force.

               (6)

               It is in the Union’s interest to approve the Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Fisheries Partnership Agreement between the European Union and Solomon Islands is hereby approved on behalf of the Union, subject to its conclusion.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union, subject to its conclusion.
   Article 3
   The Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the European Union and Solomon Islands is hereby approved on behalf of the Union.
   The text of the said Agreement in the form of an Exchange of Letters is attached to this Decision.
   Article 4
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement in order to bind the Union.
   Article 5
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 3 June 2010.

            For the Council

            The President

         E. ESPINOSA

      (1)  OJ L 105, 13.4.2006, p. 34.
    ---documentbreak---

               22.7.2010

               EN

               Official Journal of the European Union

               L 190/3

         FISHERIES PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND SOLOMON ISLANDS
   THE EUROPEAN UNION, hereinafter referred to as ‘the EU’,
   and
   THE GOVERNMENT OF SOLOMON ISLANDS, hereinafter referred to as ‘Solomon Islands’,
   Hereinafter referred to as ‘the Parties’,
   CONSIDERING the close cooperation and working relationship between the EU and Solomon Islands, particularly in the context of the Cotonou Agreement, and their mutual desire to further maintain and develop these relations,
   CONSIDERING the desire of the two Parties to promote the sustainable exploitation of fishery resources by means of intensified cooperation,
   HAVING REGARD to the United Nations Convention on the Law of the Sea and to the United Nations Highly Migratory Fish Stock Agreement,
   DETERMINED to apply the decisions and recommendations of the Western and Central Pacific Fisheries Commission, hereinafter referred to as ‘WCPFC’,
   AWARE of the importance of the principles established by the Code of Conduct for Responsible Fisheries adopted at the FAO Conference in 1995,
   RECOGNISING the sovereign rights of Solomon Islands, in accordance with the 1982 United Nations Convention on the Law of the Sea, the 1995 United Nations Highly Migratory Fish Stocks Agreement and other principles and practices of international law, sovereign rights for the purpose of exploring, exploiting, conserving and managing the living resources within Solomon Islands EEZ,
   DETERMINED to cooperate, in their mutual interest, in promoting the enhancement of responsible fisheries to ensure the long-term conservation and sustainable exploitation of living marine resources,
   CONVINCED that such cooperation must take the form of initiatives and measures which, whether taken jointly or separately, are complementary and ensure consistent policies and synergy of effort,
   INTENDING to these ends to commence a dialogue on the sectoral fisheries policy in Solomon Islands and to identify the appropriate means of ensuring that this policy is effectively implemented and that economic stakeholders and civil society are involved in the process,
   DESIROUS of establishing terms and conditions governing the fishing activities of EU vessels in Solomon Islands waters and EU support for the enhancement of responsible fishing in those waters,
   RESOLVED to pursue closer economic cooperation in the fishing industry and related activities through the setting up and development of joint enterprises involving companies from both Parties,
   HEREBY AGREE AS FOLLOWS:
   Article 1
   Scope
   This Agreement establishes the principles, rules and procedures governing:

               —

               economic, financial, technical and scientific cooperation in the fisheries sector with a view to promoting responsible fishing in Solomon Islands fishing zone to guarantee the conservation and sustainable exploitation of fishery resources and developing Solomon Islands fisheries sector;

               —

               the conditions governing access by EU fishing vessels to Solomon Islands fishing zone;

               —

               cooperation on the arrangements for policing fisheries in Solomon Islands fishing zone with a view to ensuring that the above rules and conditions are complied with, that the measures for the conservation and management of fishery resources are effective and that illegal, undeclared and unregulated fishing is prevented;

               —

               partnerships between companies aimed at developing economic activities in the fisheries sector and related activities, in the common interest.

         Article 2
   Definitions
   For the purposes of this Agreement:

               (a)

               ‘Solomon Islands authorities’ means the Ministry of Fisheries and Marine Resources of Solomon Islands;

               (b)

               ‘EU authorities’ means the European Commission;

               (c)

               ‘Solomon Islands fishing zone’ means the waters over which Solomon Islands, as regards fisheries, has sovereignty or jurisdiction. The fishing activities by EU vessels provided for in this Agreement shall be carried out only in the zones in which fishing is authorised under Solomon Islands law;

               (d)

               ‘EU vessel’ means a fishing vessel flying the flag of a Member State of the EU and registered in the EU;

               (e)

               ‘Joint enterprise’ means a commercial company set up in Solomon Islands by ship owners or national enterprises from the Parties in order to engage in fishing or related activities;

               (f)

               ‘Joint Committee’ means a committee made up of representatives of the EU and Solomon Islands as specified in Article 9 of this Agreement;

               (g)

               ‘Fishing’ means:

                           (i)

                           searching for, catching, taking or harvesting fish;

                           (ii)

                           attempting to search for, catch, take or harvest fish;

                           (iii)

                           engaging in any other activity which can reasonable be expected to result in locating, catching, taking or harvesting fish for any purpose;

                           (iv)

                           placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons;

                           (v)

                           any operation at sea directly in support of or in preparation for any activity described in subparagraphs (i) to (iv);

                           (vi)

                           use of any other vehicle, air or sea borned, for any activity described in subparagraphs (i.) to (v) except for emergencies involving health and safety of the crew or the safety of a vessel.

               (h)

               ‘fishing vessel’ means any vessel used or intended for use for the purpose of fishing, including support ships, carrier vessels, and any other vessels directly involved in such fishing operations;

               (i)

               ‘fishing trip’ means the period from the date of entry into Solomon Islands EEZ to the date of discharge of all of a vessel’s catch or any part thereof either ashore or onto another vessel;

               (j)

               ‘transhipment’ means the transfer in or off the prescribed port of some or all of the catch from one fishing vessel to another vessel;

               (k)

               ‘unusual circumstances’ means circumstances, other than natural phenomena, which are beyond the reasonable control of one of the Parties and are such as to prevent fishing activities in Solomon Islands waters;

               (l)

               ‘ACP seamen’ means any seamen who are nationals of a non-European signatory to the Cotonou Agreement. To this end, a Solomon Islands seaman is an ACP seaman;

               (m)

               ‘EU Delegation’ means the EU Delegation in Solomon Islands;

               (n)

               ‘shipowner’ means any person legally responsible for a fishing vessel;

               (o)

               ‘fishing authorisation’ means the right to engage in fishing activities for a specific period, in a specific zone or specific fishery in accordance with this Agreement. For the purposes of this Agreement, the reference to the fishing authorisation is a reference to a fishing licence issued pursuant the Fisheries Act 1998 of Solomon Islands or Council Regulation (EC) No 1006/2008 concerning authorisations for fishing activities of EU fishing vessels outside EU waters and the access of third country vessels to EU waters.

         Article 3
   Principles and objectives underlying the implementation of this Agreement
   1.   The Parties hereby undertake to promote responsible fishing in Solomon Islands fishing zone on the principle of non-discrimination between the different fleets fishing in the Solomon Islands fishing zone, without prejudice to the agreements concluded between developing countries within a geographical region, including reciprocal fisheries agreements.
   2.   The Parties shall cooperate with a view to implementing a sectoral fisheries policy adopted by Solomon Islands and to that end shall initiate a policy dialogue on the necessary reforms. They shall consult with a view to adopting potential measures in this area.
   3.   The Parties shall also cooperate in carrying out ex-ante, ongoing and ex-post evaluations, both jointly and unilaterally, of measures, programmes and actions implemented on the basis of this Agreement.
   4.   The Parties hereby undertake to ensure that this Agreement is implemented in accordance with the principles of good economic and social governance, taking care to respecting the state of fishery resources and/or fish stocks.
   5.   In particular, the employment of Solomon Islands and/or ACP seamen on board EU vessels shall be governed by the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, which shall apply as of right to the corresponding contracts and general terms of employment. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.
   Article 4
   Scientific cooperation
   1.   During the period covered by this Agreement, the EU and Solomon Islands shall endeavour to monitor the state of fishery resources in Solomon Islands fishing zone.
   2.   The two Parties shall on the basis of the recommendations and resolutions adopted within all the relevant international fisheries development and management organisations, and in the light of the best available scientific advice, consult each other within the Joint Committee provided for in Article 9 of the Agreement and adopt, where appropriate, measures to ensure the sustainable management of fishery resources, in particular those affecting the activities of EU vessels.
   3.   The Parties undertake to consult one other, either directly, including at subregional level, or within the international organisations concerned, to ensure the management and conservation of living resources in the West and Central Pacific, and to cooperate in the relevant scientific research.
   Article 5
   Access by EU vessels to the fisheries in Solomon Islands waters
   1.   Solomon Islands undertake to authorise EU vessels to engage in fishing activities in its fishing zone in accordance with this Agreement, including the Protocol and Annex thereto.
   2.   The fishing activities governed by this Agreement shall be subject to the laws and regulations in force in Solomon Islands. Solomon Islands authorities shall notify the EU authorities of any amendments to that legislation. Without prejudice to any provisions which might be agreed between the Parties, EU vessels shall comply with such amendments within one month of their notification.
   3.   Solomon Islands undertake to take all the appropriate steps required for the effective application of the fisheries monitoring provisions in the Protocol. EU vessels shall cooperate with the Solomon Islands authorities responsible for carrying out such monitoring.
   4.   The EU undertakes to take all the appropriate steps required to ensure that its vessels comply with this Agreement and the legislation governing fisheries in the Solomon Islands fishing zone.
   Article 6
   Conditions governing fishing activities – Exclusivity clause
   1.   EU vessels may fish in Solomon Islands fishing zone only if they are in possession of a valid fishing authorisation issued by Solomon Islands authorities under this Agreement and the Protocol hereto.
   2.   For fishing categories not covered by the Protocol in force, and for exploratory fishing, the Solomon Islands authorities may grant fishing authorisations to EU vessels. However, the granting of these authorisations remains dependent on a favourable opinion from the two Parties.
   3.   The procedure for obtaining a fishing authorisation for a vessel, the charges applicable and the method of payment to be used by the EU vessels shall be as set out in the Annex to the Protocol.
   Article 7
   Financial contribution
   1.   The EU shall grant Solomon Islands a financial contribution in accordance with the terms and conditions laid down in the Protocol and Annexes. This single contribution shall be based on two elements, namely:

               (a)

               access by EU vessels to the Solomon Islands fishing zone and fishery resources, and

               (b)

               EU financial support for implementing a national fisheries policy based on responsible fishing and on the sustainable exploitation of fishery resources in Solomon Islands waters.

         2.   The element of the financial contribution referred to in paragraph 1(b) above shall be determined in the light of objectives identified by mutual agreement between the Parties in accordance with the Protocol, to be achieved in the context of the sectoral fisheries policy drawn up by the Solomon Islands authorities and an annual and multiannual programme for its implementation.
   3.   The financial contribution granted by the EU shall be paid each year in accordance with the Protocol and subject to this Agreement and the Protocol in the event of any change to the amount of the contribution as a result of:

               (a)

               unusual circumstances;

               (b)

               a reduction in the fishing opportunities granted to EU vessels, made by mutual agreement for the purposes of managing the stocks concerned, where this is considered necessary for the conservation and sustainable exploitation of resources on the basis of the best available scientific advice;

               (c)

               an increase in the fishing opportunities granted to EU vessels, made by mutual agreement between the Parties where the best available scientific advice concurs that the state of resources so permits;

               (d)

               a joint reassessment of the terms of financial support for implementing a sectoral fisheries policy in Solomon Islands, where this is warranted by the results of the annual and multiannual programming observed by both Parties;

               (e)

               suspension of the application of this Agreement under Article 13;

               (f)

               termination of this Agreement under Article 14.

         Article 8
   Promoting cooperation among economic stakeholders and in civil society
   1.   The Parties shall encourage economic, scientific and technical cooperation in the fisheries and related sectors. The Parties shall consult one another with a view to coordinating the different measures that might be taken to this end.
   2.   The Parties undertake to promote exchanges of information on fishing techniques and gear, preservation methods and the processing of fishery products.
   3.   The Parties shall endeavour to create conditions favourable to the promotion of relations between their enterprises in the technical, economic and commercial spheres, by encouraging the establishment of an environment favourable to the development of business and investment.
   4.   The Parties shall encourage, in particular, the setting-up of joint enterprises in their mutual interest which shall systematically comply with Solomon Islands and EU legislation.
   Article 9
   Joint Committee
   1.   A Joint Committee shall be set up to monitor and verify the application and the implementation of this Agreement. The Joint Committee shall perform the following functions:

               (a)

               monitoring the performance, interpretation, implementation and smooth operation of the application of the Agreement;

               (b)

               monitoring and evaluating the contribution of the Fisheries Partnership Agreement to the implementation of Solomon Islands sectoral fisheries policy;

               (c)

               providing the necessary liaison for matters of mutual interest relating to fisheries;

               (d)

               acting as a forum for the amicable settlement of any disputes regarding the interpretation, implementation or application of the Agreement;

               (e)

               reassessing, where appropriate, the level of fishing opportunities and, consequently, of the financial contribution;

               (f)

               adapting, when appropriate, the modalities for calculating the fishing effort, taking into account the provisions applicable at a regional level, e.g. Vessels Day Scheme;

               (g)

               any other function that the Parties decide by mutual agreement to confer on it, including with regard to combating illegal, undeclared and unregulated fishing.

         2.   The Joint Committee shall meet at least once a year, alternately in Solomon Islands and in the Community, or in any other location agreed by the Parties and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either of the Parties.
   Where required, at request of either of the Parties, decisions of the Joint Committee may be taken by written procedure.
   Article 10
   Geographical area to which the Agreement applies
   This Agreement shall apply, on the one hand, to the territories in which the Treaty on the Functioning of the European Union applies, under the conditions laid down in that Treaty, and, on the other, to the territory of Solomon Islands.
   Article 11
   Duration
   This Agreement shall apply for three years from the date of its entry into force; it shall be tacitly renewed for three-year periods, unless notice of termination is given in accordance with Article 14.
   Article 12
   Settlement of disputes
   The Parties shall consult each other on any dispute concerning the interpretation, implementation and/or application of this Agreement.
   Article 13
   Suspension
   1.   Subject to article 12, the application of this Agreement may be suspended at the initiative of one of the Parties in the event of a serious disagreement as to the application of provisions laid down in the Agreement. Suspension of application of the Agreement shall require the interested Party to notify its intention in writing at least three months before the date on which suspension is due to take effect. On receipt of this notification, the Parties shall enter into consultations with a view to resolving their differences amicably.
   2.   Payment of the financial contribution referred to in Article 7 shall be reduced proportionately and pro rata temporis, according to the duration of the suspension.
   Article 14
   Termination
   1.   This Agreement may be terminated by either Party in the event of unusual circumstances such as the degradation of the stocks concerned, the discovery of a reduction in the level of fishing opportunities granted by Solomon Islands to EU vessels, or failure to comply with undertakings made by the Parties with regard to combating illegal, undeclared and unregulated fishing.
   2.   The Party concerned shall notify the other Party in writing of its intention to terminate the Agreement at least six months before the date of expiry of the initial period or each additional period.
   3.   Dispatch of the notification referred to in paragraph 2 shall open consultations by the Parties.
   4.   Payment of the financial contribution referred to in Article 7 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis.
   Article 15
   Protocol and Annex
   The Protocol and the Annex shall form an integral part of this Agreement.
   Article 16
   National law
   The activities of EU fishing vessels operating in Solomon Islands waters shall be governed by the applicable law in Solomon Islands, unless otherwise provided for in the Agreement, this Protocol and the Annex and Appendices hereto.
   Article 17
   Repeal
   On the date of its entry into force, this Agreement repeals and replaces the Partnership Agreement between the European Community and Solomon Islands on fishing off Solomon Islands which entered into force on 9 October 2006.
   Article 18
   Entry into force
   This Agreement, drawn up in duplicate in the Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English, French, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Finnish and Swedish languages, each of these texts being equally authentic, shall enter into force on the date on which the Parties notify each other in writing that they have completed their respective necessary internal procedures to that end.
   PROTOCOL
   setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Union and Solomon Islands for the period from 9 October 2009 to 8 October 2012
   Article 1
   Period of application and fishing opportunities
   1.   Solomon Islands shall grant annual fishing opportunities to EU tuna fishing vessels pursuant to Article 5 of the Agreement, in conformity with its National Tuna Management Plan and within the limits established by the Palau Arrangement for the Management of the Western Pacific Purse Seine Fishery, hereinafter referred to as ‘the Palau Arrangement’.
   2.   For a period of 3 years from 9 October 2009, the fishing opportunities foreseen under Article 5 of the Agreement shall be for highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention on the Law of the Sea) as follows:

               —

               purse seiners: 4 vessels.

         3.   Paragraphs 1 and 2 of this Article shall apply subject to Articles 4 and 5 of this Protocol.
   4.   Vessels flying the flag of a Member State of the EU may engage in fishing activities in Solomon Islands fishing zone only if they are in possession of a valid fishing authorisation issued by Solomon Islands authorities under this Protocol in accordance with the Annex hereto.
   Article 2
   Financial contribution — Methods of payment
   1.   The financial contribution referred to in Article 7 of the Agreement shall comprise, for the period referred to in Article 1(2):

               —

               an annual amount of EUR 260 000 equivalent to a reference tonnage of 4 000 tonnes per year, and

               —

               a specific amount of EUR 140 000 per year for the support and implementation of Solomon Islands’ sectoral fisheries policy. This specific amount shall form an integral part of the single financial contribution defined in Article 7 of the Agreement.

         2.   Paragraph 1 of this Article shall apply subject to Articles 4, 5, 6 and 7 of this Protocol.
   3.   The EU shall pay the total amount fixed in paragraph 1 of this Article (i.e. EUR 400 000) each year during the period of application of this Protocol.
   4.   If the overall quantity of catches by EU vessels in Solomon Islands’ fishing zones exceeds the reference tonnage, the amount of the annual financial contribution shall be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the EU may not be more than twice the amount indicated in paragraph 3 of this Article (EUR 800 000). Where the quantities caught by EU vessels exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.
   5.   Payment of the financial contribution laid down in paragraph 1 of this Article shall be made no later than 1 December 2010 in the first year and no later than the anniversary date of the Protocol for the following years.
   6.   Subject to Article 7, the allocation of these funds shall be decided within the framework of the Solomon Islands Financial Instructions and, this being the case, the Solomon Islands authorities shall have full discretion regarding the use to which it is put.
   7.   The payments provided for in this Article shall be paid into a Public Treasury bank account opened at the Central Bank of Solomon Islands the details of which shall be notified each year by the Solomon Islands authorities to the EU.
   Article 3
   Cooperation on responsible fishing — Scientific cooperation
   1.   The Parties hereby undertake to promote responsible fishing in the Solomon Islands fishing zone on the principle of non-discrimination between the different fleets fishing in those waters.
   2.   During the period covered by this Protocol, the EU and Solomon Islands shall endeavour to monitor the state of fishery resources in the Solomon Islands fishing zone.
   3.   The Parties undertake to promote cooperation at subregional level on responsible fishing and, in particular, within the Western and Central Pacific Fisheries Commission (WCPFC) and any other subregional or international organisation concerned.
   4.   In accordance with Article 4 of the Agreement and in the light of the best available scientific advice, the Parties shall consult each other within the Joint Committee provided for in Article 9 of the Agreement and adopt, where appropriate, measures to ensure the sustainable management of fishery resources, in particular those affecting the activities of EU vessels.
   Article 4
   Review of fishing opportunities by mutual agreement
   1.   The fishing opportunities referred to in Article 1 may be increased by mutual agreement provided that the conclusions of the annual meeting of the ‘Palau Arrangement’ members and the annual review of the status of stocks made by the Secretariat of the Pacific Community confirm that such an increase will not endanger the sustainable management of Solomon Islands’ resources. In this case the financial contribution referred to in Article 2(1) shall be increased proportionately and pro rata temporis.
   2.   Conversely, if the Parties agree to adopt a reduction in the fishing opportunities provided for in Article 1, the financial contribution shall be reduced proportionately and pro rata temporis.
   Article 5
   Other fishing opportunities
   1.   Should EU vessels be interested in fishing opportunities which are not indicated in Article 1, both Parties shall agree on the conditions applicable to these new fishing opportunities and, if necessary, make amendments to this Protocol and to the Annex hereto.
   2.   The Parties may carry out joint exploratory fishing surveys in Solomon Islands fishing zone, subject to an opinion by a scientific meeting to be set up by the Parties. To this end, they shall hold consultations whenever one of the Parties so requests and determine, on a case-by-case basis, relevant new resources, conditions and other parameters.
   3.   The two Parties shall carry out exploratory fishing activities in accordance with scientific and administrative parameters adopted by mutual agreement. The authorisations for exploratory fishing shall be granted for test purposes, for a duration and a starting date to be decided by mutual agreement between the two Parties.
   4.   Where the Parties conclude that the exploratory surveys have produced positive results, while preserving ecosystems and conserving living marine resources, new fishing opportunities may be awarded to EU vessels following the consultation procedure provided for in Article 4 of this Protocol and until the expiry of the Protocol and in accordance with the allowable effort. The financial contribution shall be increased accordingly and calculated using agreed formula.
   Article 6
   Suspension and review of the payment of the financial contribution in the event of unusual circumstances
   1.   Where unusual circumstances, other than natural phenomena, prevent fishing activities in Solomon Islands exclusive economic zone (EEZ), the EU may suspend payment of the financial contribution provided for in Article 2(1) of this Protocol.
   2.   The suspension decision in the cases provided for in paragraph 1 above shall be taken following consultations between the two Parties within a period of two months following the request of one of the Parties, and provided that the EU has paid in full any amounts due at the time of suspension.
   3.   Payment of the financial contribution shall resume as soon as the Parties find, by mutual agreement following consultations, that the circumstances preventing fishing activities are no longer present and/or that the situation allows a resumption of fishing activities.
   4.   Where the validity of the fishing authorisations granted to EU vessels is suspended along with the payment of the financial contribution, it shall be extended by a period equal to the period during which fishing activities were suspended.
   Article 7
   Promotion of responsible fishing in Solomon Islands waters
   1.   50 % of the financial contribution of this Protocol shall be allocated each year to the support and implementation of objectives identified in the context of the sectoral fisheries policy drawn up by the Solomon Islands authorities and approved by the two Parties as detailed below.
   Solomon Islands shall manage the corresponding amount following the identification by mutual agreement between the two Parties, in accordance with the current priorities of Solomon Islands fisheries policy for ensuring sustainable and responsible management of the sector, of the objectives to be attained and the annual and multiannual programming required to attain them, pursuant to paragraph 2 below.
   2.   On a proposal from Solomon Islands and for the purposes of implementing the preceding paragraph, as soon as this Protocol enters into force and no later than three months after that date, the EU and Solomon Islands shall agree, within the Joint Committee provided for in Article 9 of the Agreement, on a multiannual sectoral programme and detailed implementing rules covering, in particular:

               (a)

               annual and multiannual guidelines for using the percentage of the financial contribution referred to in paragraph 1 above for the initiatives to be carried out each year;

               (b)

               objectives, both annual and multiannual, to be achieved with a view to promoting over the long term responsible fishing and sustainable fisheries, taking account of the priorities expressed by Solomon Islands in its national fisheries policy and other policies relating to or having an impact on the promotion of responsible fishing and sustainable fisheries;

               (c)

               criteria and procedures for evaluating the results obtained each year.

         3.   The two Parties agree, however, to place particular emphasis on all the support measures for implementing the Oceanic Tuna Fisheries Strategy.
   4.   Any proposed amendments to the multiannual sectoral programme must be approved by both Parties within the Joint Committee.
   5.   Each year, Solomon Islands shall allocate the share corresponding to the amounts referred to in paragraph 1 with a view to implementing the multiannual programme. For the first year of application of the Protocol, that allocation shall be notified to the EU as soon as possible and in any event before the multiannual sectoral programme is approved within the Joint Committee. For each year thereafter, Solomon Islands shall notify the EU of the allocation no later than 45 days before the anniversary date of this Protocol.
   6.   Where the joint annual evaluation of the progress made in implementing the multiannual sectoral programme so warrants, the EU may adjust the amount earmarked for the support and implementation of Solomon Islands sectoral fisheries policy within the financial contribution referred to in Article 2(1) of this Protocol in order to bring the actual amount of financial resources allocated to implementation of the programme into line with its results.
   7.   The EU reserves the right to suspend payment of the specific contribution provided for in the third subparagraph of Article 2(1) of this Protocol where, save in exceptional and duly justified circumstances, the results obtained from the first year of application of the Protocol are found to be inconsistent with the programming following the evaluation carried out within the Joint Committee.
   Article 8
   Disputes — Suspension of application of the Protocol
   1.   Any dispute between the Parties over the interpretation of this Protocol or its application shall be subject of consultations between the Parties within the Joint Committee provided for in Article 9 of the Agreement, in a special meeting if necessary.
   2.   Without prejudice to Article 9, application of the Protocol may be suspended at the initiative of one Party if the dispute between the two Parties is deemed to be serious and the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.
   3.   Suspension of application of the Protocol shall require the interested Party to notify its intention in writing at least three months before the date on which suspension is due to take effect.
   4.   In the event of suspension, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. As soon as an amicable settlement is reached, application of the Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which application of the Protocol was suspended.
   Article 9
   Suspension of application of the Protocol on grounds of non-payment
   Subject to Article 6 of this Protocol, if the EU fails to make the payments provided for in Article 2, application of this Protocol may be suspended on the following terms:

               (a)

               Solomon Islands authorities shall notify the European Commission of the non-payment. The latter shall perform the appropriate verification and, where necessary, transmit the payment within no more than 60 working days of the date of receipt of the notification.

               (b)

               If no payment is made and non-payment is not adequately justified within the period provided for in Article 2(5) of this Protocol, Solomon Islands authorities shall be entitled to suspend application of the Protocol. They shall inform the European Commission of such action forthwith.

               (c)

               Application of the Protocol shall resume as soon as the payment concerned has been made.

         Article 10
   National law
   The activities of EU fishing vessels operating in Solomon Islands waters shall be governed by the applicable law in Solomon Islands, unless otherwise provided for in the Agreement, this Protocol and the Annex and Appendices hereto.
   Article 11
   Review clause
   1.   In the event of significant changes in the policy guidelines which led to the conclusion of this Protocol, either Party may request a review of the provisions with a view to a possible amendment thereof.
   2.   The Party concerned shall notify the other Party in writing of its intention to launch a review of this Protocol.
   3.   No later than 60 days following notification, the two Parties shall enter into consultations to this end. If no agreement is reached on the review of the provisions, the Party concerned may terminate the Protocol in accordance with Article 14 thereof.
   Article 12
   Repeal
   This Protocol and its annexes repeal and replace the fisheries Protocol between the European Community and Solomon Islands on fishing off Solomon Islands, which entered into force on 9 October 2006.
   Article 13
   Duration
   This Protocol and the annexes hereto shall apply for a period of 3 years from 9 October 2009, unless notice of termination is given in accordance with Article 14.
   Article 14
   Termination
   In the event of termination of the Protocol, the Party concerned shall notify the other Party in writing of its intention to terminate it at least six months before the date on which such termination would take effect. Dispatch of the notification referred to in the previous paragraph shall open consultations by the Parties.
   Article 15
   Entry into force
   1.   This Protocol with its Annex shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.
   2.   It shall apply with effect from 9 October 2009.
 ---documentbreak--- NA ---documentbreak---

               22.7.2010

               EN

               Official Journal of the European Union

               L 190/27

         AGREEMENT
   in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the European Union and Solomon Islands
   Sir,
   I am delighted that Solomon Islands and European Union negotiators have been able to reach a consensus on a Fisheries Partnership Agreement between Solomon Islands and the European Union, and on a Protocol setting out the fishing opportunities and financial contribution and the annexes thereto.
   The result of these negotiations improves on the earlier Agreement and will strengthen our fisheries relations and establish a true partnership framework in which to develop a sustainable and responsible fisheries policy in Solomon Islands’ waters. To this end, I would propose launching in parallel the procedures for approval and ratification of the texts of the Agreement, the Protocol and the Annex and Appendices thereto in accordance with the procedures in force in Solomon Islands and the European Union and necessary for their entry into force.
   In order to avoid interrupting fishing activities by EU vessels in Solomon Islands’ waters, and referring to the Agreement and the Protocol initialled on 26 September 2009 and setting out the fishing opportunities and financial contribution from 9 October 2009 to 8 October 2012, I have the honour to inform you that the Government of Solomon Islands is willing to apply this Agreement and this Protocol provisionally from 9 October 2009 pending their entry into force in accordance with Article 18 of the Agreement, provided that the European Union is prepared to do likewise.
   This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid before 1 December 2010.
   I should be grateful if you would confirm the agreement of the European Union to such a provisional application.
   Please accept, Sir, the assurance of my highest consideration.

         For Solomon Islands

   Sir,
   I have the honour to acknowledge receipt of your letter of today’s date which reads as follows:

      ‘I am delighted that Solomon Islands and European Union negotiators have been able to reach a consensus on a Fisheries Partnership Agreement between Solomon Islands and the European Union, and on a Protocol setting out the fishing opportunities and financial contribution and the annexes thereto.
      The result of these negotiations improves on the earlier Agreement and will strengthen our fisheries relations and establish a true partnership framework in which to develop a sustainable and responsible fisheries policy in Solomon Islands’ waters. To this end, I would propose launching in parallel the procedures for approval and ratification of the texts of the Agreement, the Protocol and the Annex and Appendices thereto in accordance with the procedures in force in Solomon Islands and the European Union and necessary for their entry into force.
      In order to avoid interrupting fishing activities by EU vessels in Solomon Islands’ waters, and referring to the Agreement and the Protocol initialled on 26 September 2009 and setting out the fishing opportunities and financial contribution from 9 October 2009 to 8 October 2012, I have the honour to inform you that the Government of Solomon Islands is willing to apply this Agreement and this Protocol provisionally from 9 October 2009 pending their entry into force in accordance with Article 18 of the Agreement, provided that the European Union is prepared to do likewise.
      This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid before 1 December 2010.
      I should be grateful if you would confirm the agreement of the European Union to such a provisional application.’.

   I am pleased to confirm the agreement of the European Union to a provisional application.
   Please accept, Sir, the assurance of my highest consideration.

         For the European Union


Avis juridique important

|

41992D0586

92/586/ECSC: Decision of the Representatives of the Governments of the Member States, meeting within the Council of 28 December 1992 on certain measures applicable with regard to the twelve Republics of the former USSR concerning trade in certain steel products covered by the ECSC Treaty

Official Journal L 396 , 31/12/1992 P. 0051 - 0052

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING  WITHIN THE COUNCIL of 28 December 1992 on certain measures applicable with regard to the twelve  Republics of the former USSR concerning trade in certain steel products covered by the ECSC Treaty  (92/586/ECSC)The Representatives of the Governements of the Member States of the  European Coal and Steel Community, meeting within the Council, In agreement with the Commission, HAVE DECIDED AS FOLLOWS: Article 1 During 1993 imports into all the Member States of steel products  covered by the ECSC Treaty and mentioned in Annex I originating in Romania shall be subject to  licensing. Licences shall be issued only in accordance with the guidelines set out below. Article 2 Quantities of authorized imports shall be determined, for each product group and for  the whole of the Community, according to the quotas indicated in Annex II. Article 3 The quotas shall be fixed annually; the quantities that may be allocated during the  first four months shall not exceed one-third of the quota, and during the first eight months shall  not exceed two-thirds of the quota. Article 4 Member States shall issue licences and inform the Commission thereof immediately. The  Commission shall keep the Member States regularly informed of the extent to which the quantities  referred to in Article 3 have been used up. The Member States and the Commission shall confer together in order to ensure that these quantities  are not exceeded. Article 5 This Decision shall enter into force on the day of its publication in the Official  Journal of the European Communities. It shall apply from 1 January 1993. Done at Brussels, 28 December 1992. The President D. Hurd    ANNEX I (Romania) List of products subject to quota    A. Coils 7208 11 00 7208 12 10 7208 12 91 7208 12 95 7208 12 98 7208 13 10 7208 13 91 7208 13 95 7208 13 98 7208 14 10 7208 14 90 7208 14 91 7208 14 99 7208 21 10 7208 21 90 7208 22 10 7208 22 91 7208 22 95 7208 22 98 7208 23 10 7208 23 91 7208 23 95 7208 23 98 7208 24 10 7208 24 91 7208 24 99 7211 12 10 7211 19 10 7211 22 10 7211 29 10 7219 11 10 7219 11 90 7219 12 10 7219 12 90 7219 13 10 7219 13 90 7219 14 10 7219 14 90 7225 10 10 7225 20 20 7225 30 00  B. Heavy plates 7211 11 00 7211 21 00 7208 31 00 7208 32 10 7208 32 30 7208 32 51 7208 32 59 7208 32 91 7208 32 99 7208 33 10 7208 33 91 7208 33 99 7208 41 00 7208 42 10 7208 42 30 7208 42 51 7208 42 59 7208 42 91 7208 42 99 7208 43 10 7208 43 91 7208 43 99   C. Beams 7207 19 31 7207 20 71 7216 31 11 7216 31 19 7216 31 91 7216 31 99 7216 32 11 7216 32 19 7216 32 91 7216 32 99 7216 33 10 7216 33 90   ANNEX II (Romania) Quotas Products in Category A:  60 125 tonnes Products in Category B: 135 000 tonnes Products in Category C:  80 452 tonnes


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32003D0440

2003/440/EC: Council Decision of 8 May 2003 on the signing, on behalf of the Community, and provisional application of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Croatia concerning the system of ecopoints to be applied to Croatian transit traffic through Austria as from 1 January 2003

Official Journal L 150 , 18/06/2003 P. 0032 - 0032

Council Decisionof 8 May 2003on the signing, on behalf of the Community, and provisional application of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Croatia concerning the system of ecopoints to be applied to Croatian transit traffic through Austria as from 1 January 2003(2003/440/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 71(1), in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Commission has negotiated an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Croatia concerning the system of ecopoints to be applied to Croatian transit traffic through Austria.(2) Subject to its possible conclusion at a later date, the Agreement initialled on 15 November 2002 should be signed.(3) Provision should be made for the provisional application of the Agreement from 1 January 2003,HAS DECIDED AS FOLLOWS:Article 1The signing of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Croatia concerning the system of ecopoints to be applied to Croatian transit traffic through Austria as from 1 January 2003 is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community, subject to its conclusion.Article 3Subject to reciprocity, the Agreement referred to in Article 1 shall be applied on a provisional basis from 1 January 2003, pending the completion of the procedures for its formal conclusion.Article 4This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 8 May 2003.For the CouncilThe PresidentM. Chrisochoïdis


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31999D0132

1999/132/EC: Council Decision of 21 December 1998 relating to the conclusion of an Agreement between the European Community and the Council of Europe for the purpose of establishing, in accordance with Article 7(3) of Council Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Centre on Racism and Xenophobia, close cooperation between the Centre and the Council of Europe

Official Journal L 044 , 18/02/1999 P. 0033 - 0033

COUNCIL DECISION of 21 December 1998 relating to the conclusion of an Agreement between the European Community and the Council of Europe for the purpose of establishing, in accordance with Article 7(3) of Council Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Centre on Racism and Xenophobia, close cooperation between the Centre and the Council of Europe (1999/132/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1035/97 (1), and in particular Article 7(3) thereof, in conjunction with Article 228(2), second sentence, and (3), first subparagraph, of the EC Treaty,Having regard to the proposal from the Commission (2),Having regard to the opinion of the European Parliament (3),Whereas the Agreement between the European Community and the Council of Europe for the purpose of establishing, in accordance with Article 7(3) of Council Regulation (EC) No 1035/97 of 2 June 1997 establishing a European Monitoring Centre on Racism and Xenophobia, close cooperation between the Centre and the Council of Europe, should be approved,HAS ADOPTED THIS DECISION:Article 1 The Agreement between the European Community and the Council of Europe provided for by Article 7(3) of Council Regulation (EC) No 1035/97 shall be approved on behalf of the European Community.The text of the Agreement is attached to this Decision.Article 2 The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the Community (4).Article 3 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 21 December 1998.For the CouncilThe PresidentM. BARTENSTEIN(1) OJ L 151, 15. 6. 1997, p. 1.(2) OJ C 171, 5. 6. 1998, p. 10.(3) OJ C 359, 23. 11. 1998.(4) The date of the entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


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32002D0522(03)

Council Decision of 7 May 2002 replacing members of the Committee referred to in Article 147 of the EC Treaty

Official Journal C 119 , 22/05/2002 P. 0005 - 0005

Council Decisionof 7 May 2002replacing members of the Committee referred to in Article 147 of the EC Treaty(2002/C 119/03)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 147 thereof,Having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1), and in particular Article 49(1), third indent, thereof,Having regard to the proposal from the Commission,Whereas:(1) The Council, acting on a proposal from the Commission, by Decision of 8 October 2001 appointing members of the Committee referred to in Article 147 of the EC Treaty(2), appointed the members and alternate members of the European Social Fund Committee for the period up to 22 October 2004. In the meantime, the seats of members and alternate members have become vacant in the categories of government representatives, representatives of the workers' organisations and representatives of the employers' organisations.(2) Members should be appointed to the European Social Fund Committee for the seats that have become vacant,HAS DECIDED AS FOLLOWS:Article 1The following are hereby appointed members of the European Social Fund Committee for the remaining term of office, i.e. until 22 October 2004:>TABLE>Article 2This Decision shall take effect on the date of its publication in the Official Journal of the European Communities.Done at Brussels, 7 May 2002.For the CouncilThe PresidentR. de Rato y Figaredo(1) OJ L 161, 26.6.1999, p. 1. Regulation as last amended by Council Regulation (EC) No 1447/2001 (OJ L 198, 21.7.2001, p. 1).(2) OJ C 292, 18.10.2001, p. 1.


title: 2006/933/EC: Commission Decision of 14 December 2006 on the continuation in the year 2007 of Community comparative trials and tests on propagating and planting material of Prunus domestica L. and of Malus Mill. under Council Directive 92/34/EEC started in 2003 and 2004

text:
               15.12.2006

               EN

               Official Journal of the European Union

               L 355/103

         COMMISSION DECISION
   of 14 December 2006
   on the continuation in the year 2007 of Community comparative trials and tests on propagating and planting material of Prunus domestica L. and of Malus Mill. under Council Directive 92/34/EEC started in 2003 and 2004
   (2006/933/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants, intended for fruit production (1),
   Having regard to Commission Decision 2002/745/EC of 5 September 2002 setting out the arrangements for Community comparative trials and tests on propagating and planting material of fruit plants under Council Directive 92/34/EEC (2), and in particular Article 3 thereof,
   Having regard to Commission Decision 2003/894/EC of 11 December 2003 setting out the arrangements for Community comparative trials and tests on propagating and planting material of Prunus persica (L.) Batsch, Malus Mill. and Rubus idaeus L. pursuant to Council Directive 92/34/EEC (3), and in particular Article 3 thereof,
   Whereas:

               (1)

               Decision 2002/745/EC sets out the arrangements for the comparative trials and tests to be carried out under Directive 92/34/EEC as regards Prunus domestica L. from 2003 to 2007.

               (2)

               Tests and trials carried out in 2003 to 2006 should be continued in 2007.

               (3)

               Decision 2003/894/EC sets out the arrangements for the comparative trials and tests to be carried out under Directive 92/34/EEC as regards Malus Mill. from 2004 to 2008.

               (4)

               Tests and trials carried out in 2004 to 2006 should be continued in 2007,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Community comparative trials and tests which began in 2003 on propagating and planting material of Prunus domestica L. shall be continued in 2007 in accordance with Decision 2002/745/EC.
   Community comparative trials and tests which began in 2004 on propagating and planting material of Malus Mill. shall be continued in 2007 in accordance with Decision 2003/894/EC.

      Done at Brussels, 14 December 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 157, 10.6.1992, p. 10. Directive as last amended by Commission Decision 2005/54/EC (OJ L 22, 26.1.2005, p. 16).

      (2)  OJ L 240, 7.9.2002, p. 65.

      (3)  OJ L 333, 20.12.2003, p. 88.


European Parliament decision on the number, powers and responsibilities of committees


title: 2010/533/EU: Decision of the European Parliament of 5 May 2010 on the closure of the accounts of the European Network and Information Security Agency for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/177

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on the closure of the accounts of the European Network and Information Security Agency for the financial year 2008
   (2010/533/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Network and Information Security Agency for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency (3), and in particular Article 17 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0087/2010),

               1.

               Approves the closure of the accounts of the European Network and Information Security Agency for the financial year 2008;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Network and Information Security Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 16.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 77, 13.3.2004, p. 1.

      (4)  OJ L 357, 31.12.2002, p. 72.


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32003D0023(01)

2004/49/EC: Decision of the European Central Bank of 18 December 2003 amending Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes (ECB/2003/23)

Official Journal L 009 , 15/01/2004 P. 0040 - 0041

Decision of the European Central Bankof 18 December 2003amending Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes(ECB/2003/23)(2004/49/EC)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Treaty establishing the European Community and in particular Article 106(1) thereof, and to the Statute of the European System of Central Banks and of the European Central Bank and in particular Article 16 thereof,Having regard to Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes(1),Whereas:(1) Article 1(c) of Decision ECB/2001/15 defines "subscribed capital key" by reference to Decision ECB/1998/13 of 1 December 1998 on the national central banks' percentage shares in the key for the capital of the European Central Bank(2).(2) Article 1(d) of Decision ECB/2001/15 defines the "banknote allocation key" by reference to the Annex to Decision ECB/2001/15 which specifies the key applying on 1 January 2002.(3) Decision ECB/2003/17 of 18 December 2003 on the national central banks' percentage shares in the key for subscription to the European Central Bank's capital(3) repeals Decision ECB/1998/13 with effect from 1 January 2004 and lays down the new weightings assigned to the national central banks (NCBs) in the key for subscription to the ECB's capital.(4) Decision ECB/2001/15 needs to be amended accordingly in order to determine the banknote allocation key applying from 1 January 2004. The amendment should also introduce a general definition of the term "subscribed capital key" in order to avoid future amendments to Decision ECB/2001/15 each time the ECB's capital key is adjusted,HAS ADOPTED THIS DECISION:Article 1Amendments to Decision ECB/2001/15Decision ECB/2001/15 is amended as follows:1. Article 1(c) is replaced by the following:"(c) 'subscribed capital key' shall mean the NCBs' shares (expressed as percentages) in the ECB's subscribed capital that result from applying to the NCBs the weightings in the key referred to in Article 29.1 of the Statute and as applicable for the relevant financial year;"2. Article 1(d) is replaced by the following:"(d) 'banknote allocation key' shall mean the percentages that result from taking into account the ECB's share in the total euro banknote issue and applying the subscribed capital key (rounded to the nearest multiple of 0,0005 percentage point) to the NCBs' share in such total. Where the resulting percentages do not total 100 %, the difference shall be compensated for: (i) if the total is below 100 %, by adding 0,0005 of a percentage point to the smallest share(s) in ascending order until exactly 100 % is reached, or (ii) if the total is above 100 %, by subtracting 0,0005 of a percentage point in descending order from the largest share(s) until exactly 100 % is reached. The Annex to this Decision specifies the banknote allocation key applying from 1 January 2004."3. The Annex to Decision ECB/2001/15 is replaced by the text set out in the Annex to this Decision.Article 2Final provisions1. This Decision shall enter into force on 1 January 2004.2. This Decision will be published in the Official Journal of the European Union.Done at Frankfurt am Main, 18 December 2003.For the Governing Council of the ECBJean-Claude Trichet(1) OJ L 337, 20.12.2001, p. 52.(2) OJ L 125, 19.5.1999, p. 33.(3) See page 27 of this Official Journal.ANNEXBANKNOTE ALLOCATION KEY ON 1 JANUARY 2004>TABLE>