title: Decision No 12/2005 of the Court of Auditors of the European Communities of 10 March 2005 regarding public access to Court documents

text:
               20.3.2009

               EN

               Official Journal of the European Union

               C 67/1

         Decision No 12/2005 (1) of the Court of Auditors of the European Communities of 10 March 2005 regarding public access to Court documents
   (2009/C 67/01)
   THE COURT OF AUDITORS OF THE EUROPEAN COMMUNITIES,
   Having regard to its Rules of Procedure (2), and in particular Article 30 thereof,
   Having regard to Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Articles 143(2) and 144(1) thereof,
   Whereas:
   the second subparagraph of Article 1 of the Treaty on European Union enshrines the concept of openness, stating that the Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen;
   in the Joint Declaration (4) relating to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (5), the European Parliament, the Council and the Commission call on the other institutions to adopt internal rules on public access to documents which take account of the principles and limits set out in that Regulation;
   the provisions laid down in Decision No 18/97 of the Court of Auditors laying down internal rules for the treatment of applications for access to documents held by the Court (6) antedate Regulation (EC) No 1049/2001 and should be revised in the light of that Regulation and of the case-law of the European Court of Justice and the Court of First Instance;
   openness enhances the administration's legitimacy, effectiveness and accountability, thus strengthening the principles of democracy. To that end good administrative practice on access to documents should be promoted;
   however, certain public and private interests should be protected by way of exceptions to the principle of public access to documents. In particular international auditing standards concerning the confidential nature of audit information must be duly respected,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Purpose
   The purpose of this Decision is to define the conditions, limits and procedures under which the Court of Auditors (the Court) shall give public access to documents which it holds.
   Article 2
   Beneficiaries and scope
   1.   Within the framework and limits of the provisions laid down in this Decision and of international standards governing the confidentiality of audit information any citizen of the Union and any other natural or legal person residing or having its registered office in a Member State, has a right of access to documents of the Court, subject to the principles, conditions and limits defined in this Decision.
   2.   The Court may, subject to the same principles, conditions and limits, grant access to documents to any natural or legal person not residing or not having its registered office in a Member State.
   3.   This Decision shall apply to all documents held by the Court, that is to say, documents drawn up or received by it and in its possession.
   4.   This Decision shall be without prejudice to rights of public access to documents held by the Court which might follow from instruments of international law or Community acts implementing them.
   Article 3
   Definitions
   For the purpose of this Decision:

               (a)

               ‘document’ shall mean any content whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording);

               (b)

               ‘third party’ shall mean any natural or legal person, or any entity outside the Court of Auditors, including the Member States, other Community or non-Community institutions and bodies and third countries.

         Article 4
   Exceptions
   1.   The Court shall refuse access to a document where disclosure would undermine the protection of:

               (a)

               the public interest including:

                           —

                           public security,

                           —

                           defence and military matters,

                           —

                           international relations,

                           —

                           the financial, monetary or economic policy of the Community or a Member State;

               (b)

               privacy and integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data.

         2.   In accordance with the rules governing confidentiality laid down in Articles 143(2) and 144(1) of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities and in corresponding provisions in other instruments of Community law, the Court shall refuse access to its audit observations. It may also refuse access to documents used in the preparation of those observations.
   3.   The Court shall refuse access to a document where disclosure would undermine the protection of:

               —

               commercial interests of a natural or legal person, including intellectual property,

               —

               court proceedings and legal advice,

               —

               inspections, investigations and audits.

         4.   Access to a document, drawn up by the Court for internal use or received by it, which relates to a matter where the decision has not yet been taken shall be refused if disclosure of the document would compromise the Court's decision-making process.
   Access to a document containing opinions for internal use as part of deliberations and preliminary consultations within the Court shall be refused even after the decision concerned has been taken if disclosure of the document would compromise the Court's decision-making process.
   5.   If the application concerns a document held by the Court but of which the Court is not the author, the Court shall confirm receipt of the application and supply the name of the person, institution or body to whom the application must be addressed.
   6.   If only parts of the requested document are covered by any of the exceptions in this Article, the remaining parts of the document shall be released.
   7.   The exceptions in this Article shall apply without prejudice to the provisions on public access to the Communities' historical archives laid down in Council Regulation (EEC, Euratom) No 354/83 (7).
   8.   Notwithstanding the exceptions set out in this article, the Court may decide to allow access to a document, in whole or in part, where there is an overriding public interest in its disclosure.
   Article 5
   Applications
   Applications for access to a document must be made in writing (8), either in hard copy or electronically, in one of the languages referred to in Article 314 of the EC Treaty (9) and in a sufficiently precise manner to enable the Court to identify the document. The applicant is not obliged to state reasons for the application.
   Article 6
   Processing of initial applications
   1.   Applications for access to documents shall be dealt with by the Director of Audit Support and Communication. He shall send an acknowledgement of receipt to the applicant, examine the application and decide what action shall be taken.
   2.   According to the subject matter of the application, the Director of Audit Support and Communication shall inform and, where necessary, consult the Member concerned, the Secretary-General, the Legal Service or the Data Protection Officer before deciding whether the document requested should be released.
   3.   An application for access to a document shall be handled promptly. Within 15 working days from registration of the application, the Court shall either grant access to the document requested and provide access in accordance with Article 9 or, in a written reply, state the reasons for the total or partial refusal and inform the applicant of his or her right to ask the Court to reconsider its position in accordance with Article 7.
   4.   In the event of an application relating to a very long document or to a very large number of documents, the Court may confer with the applicant informally, with a view to finding an appropriate solution. In such cases, the time-limit provided for in paragraph 3 may be extended by 15 working days, provided that the applicant is notified in advance and that reasons are given.
   Article 7
   Reconsideration
   1.   In the event of a total or partial refusal, the applicant may, within 15 working days of receiving the Court's reply, ask the Court to reconsider its position.
   2.   Failure by the Court to reply within the prescribed time-limit shall also entitle the applicant to ask for reconsideration.
   Article 8
   Processing of requests for reconsideration
   1.   Requests for reconsideration shall be submitted to the President of the Court. According to the subject matter concerned, the President of the Court shall consult the Member concerned or the Secretary-General and, where necessary, may consult either the Legal Service or the Data Protection Officer before deciding whether the document requested should be released.
   2.   A request for reconsideration shall be handled promptly. Within 15 working days from registration of such a request, the Court shall either grant access to the document requested and provide access in accordance with Article 9 or, in a written reply, state the reasons for the total or partial refusal. In the event of a total or partial refusal, the Court shall inform the applicant of the remedies open to him or her, namely instituting court proceedings against the Court and/or making a complaint to the Ombudsman, under the conditions laid down in Articles 230 and 195 of the EC Treaty, respectively.
   3.   In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time limit provided for in paragraph 2 may be extended by 15 working days, provided that the applicant is notified in advance and that reasons are given.
   4.   Failure by the Court to reply within the prescribed time limit shall be considered as a negative reply and entitle the applicant to have recourse to the remedies referred to in paragraph 2.
   Article 9
   Access following an application
   1.   The applicant may consult documents to which the Court has granted access either at the premises of the Court in Luxembourg or by receiving a copy, including, where available, an electronic copy. In the first case, the date and time of consultation shall be agreed between the applicant and the Director of Audit Support and Communication.
   2.   The cost of producing and sending copies may be charged to the applicant. This charge shall not exceed the real cost of producing and sending the copies. Consultation on the spot, copies of less than 20 A4 pages and direct access in electronic form shall be free of charge.
   3.   If a document is publically accessible, the Court may fulfil its obligation of granting access to the requested document by informing the applicant how to obtain it.
   4.   Documents shall be supplied in an existing version and format (including electronically or in an alternative format) with regard to the applicant's preference. The Court is not obliged to create a new document or to compile information at the request of the applicant.
   Article 10
   Reproduction of documents
   1.   Documents released in accordance with this Decision shall not be reproduced or exploited for commercial purposes without the Court's prior written authorisation.
   2.   This Decision shall be without prejudice to any existing rules on copyright which may limit a third party's right to reproduce or exploit released documents.
   Article 11
   Final provisions
   1.   Decision No 18/97 of the Court of Auditors of 20 February 1997 is hereby repealed.
   2.   This Decision shall be published in the Official Journal of the European Union.
   3.   It shall enter into force on the first day of the month following its adoption.

      Done at Luxembourg, 10 March 2005.

            For the Court of Auditors

         Hubert WEBER

            President

      (1)  As amended by Decision No 14/2009, adopted by the Court at its meeting of 5 February 2009.

      (2)  OJ L 18, 20.1.2005, p. 1

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 173, 27.6.2001, p. 5.

      (5)  OJ L 145, 31.5.2001, p. 43.

      (6)  OJ C 295, 23.9.1998, p. 1.

      (7)  Council Regulation (EEC, Euratom) No 354/83) amended by Council Regulation (EC, Euratom) No 1700/2003 (OJ L 243, 27.9.2003, p. 1).

      (8)  Addressed to the European Court of Auditors, Director of Audit Support and Communication, 12, rue Alcide De Gasperi, L-1615 Luxembourg. Fax (+352) 43 93 42, e-mail euraud@eca.europa.eu

      (9)  Currently: Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish.


title: Decision by the Contracting Parties meeting within the Council of 12 June 2007 adopting rules implementing Article 6a of the Convention on the establishment of a European Police Office (Europol Convention)

text:
               15.6.2007

               EN

               Official Journal of the European Union

               L 155/78

      DECISION BY THE CONTRACTING PARTIES MEETING WITHIN THE COUNCIL

   of 12 June 2007
   adopting rules implementing Article 6a of the Convention on the establishment of a European Police Office (Europol Convention)
   (2007/413/JHA)
   THE CONTRACTING PARTIES to the Europol Convention, Member States of the European Union,
   Having regard to the Convention on the establishment of a European Police Office (Europol Convention) (1), as amended by the Protocol amending that Convention (2), and in particular the second paragraph of Article 6a thereof,
   Having regard to the draft prepared by the Management Board and after consulting the Joint Supervisory Body,
   Whereas:

               (1)

               It is for the Contracting Parties meeting within the Council to adopt rules implementing Article 6a of the Europol Convention.

               (2)

               The Contracting Parties by adopting this Decision, respect their obligation under the Convention on the Protection of Individuals with regard to Automatic Processing of Personal Data, adopted by the Council of Europe on 28 January 1981.

               (3)

               The Contracting Parties equally take account of Recommendation No R(87)15 of the Committee of Ministers of the Council of Europe of 17 September 1987 regulating the use of personal data in the police sector,

         HAVE ADOPTED THE FOLLOWING DECISION:
   Article 1
   Definitions
   For the purpose of this Decision:

               (a)

               ‘personal data’ means any information relating to an identified or identifiable natural person: an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;

               (b)

               ‘processing of personal data’ (‘processing’) means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;

               (c)

               ‘computerised system of collected information’ means the system referred to in Article 6(1) of the Europol Convention;

               (d)

               ‘information system’ means the system referred to in Article 7(1) of the Europol Convention;

               (e)

               ‘analysis work file’ means a file opened for the purpose of analysis as referred to in Article 10(1) of the Europol Convention;

               (f)

               ‘Member State’ means a Contracting Party to the Europol Convention;

               (g)

               ‘third party’ means a third State or body as referred to in Article 10(4) of the Europol Convention;

               (h)

               ‘duly authorised Europol official’ means a Europol employee designated by the Europol Directorate to process personal data stored in accordance with this Decision.

         Article 2
   Scope
   This Decision shall apply to personal data communicated to Europol for the purpose of determining whether such data are relevant for its tasks and can be included in the computerised system of collected information, with the exception of:

               (a)

               personal data entered into the information system pursuant to Article 9(1) of the Europol Convention;

               (b)

               personal data offered by a Member State or by a third party for inclusion in a specific analysis work file as well as personal data entered into an analysis work file pursuant to Article 10 of the Europol Convention.

         Article 3
   Access and use
   1.   Access to personal data processed by Europol under this Decision shall be limited to duly authorised Europol officials.
   2.   Without prejudice to Article 13 of the Europol Convention, personal data processed by Europol under this Decision shall only be used for the purposes of determining whether such data are relevant for Europol's tasks and can be included in the computerised system of collected information.
   Article 4
   Rules on personal data protection and on data security
   1.   Europol shall, when processing personal data under this Decision, comply with the rules on personal data protection and on data security laid down in the Europol Convention, in particular Articles 14(3), 16 and 25 and the rules adopted in the implementation thereof.
   2.   In case Europol decides to include such data in the computerised system of collected information or to delete or destroy it, it shall inform the providing Member State or third party thereof.
   Article 5
   Time limit for the storage of data
   1.   A decision on the use of personal data in accordance with Article 3(2) shall be taken as soon as possible, and in any case not later than six months after such data was received by Europol.
   2.   In the absence of such a decision upon expiry of the six month period, the personal data in question shall be deleted or destroyed and the providing Member State or third party shall be informed thereof.
   Article 6
   Responsibility
   1.   Europol shall be responsible for ensuring compliance with Articles 3, 4 and 5 of this Decision.
   2.   Europol shall inform the Management Board and the Joint Supervisory Body on how it intends to implement this responsibility before starting to process data under this Decision.
   Article 7
   Entry into force
   This Decision shall take effect on the day following its publication in the Official Journal of the European Union.

      Done at Luxembourg, 12 June 2007.

            For the Council

            The President

         W. SCHÄUBLE

      (1)  OJ C 316, 27.11.1995, p. 2.

      (2)  OJ C 2, 6.1.2004, p. 1.


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32003D0022(01)

2004/48/EC: Decision of the European Central Bank of 18 December 2003 amending Article 1(f) of Decision ECB/2001/16 of 6 December 2001 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002 (ECB/2003/22)

Official Journal L 009 , 15/01/2004 P. 0039 - 0039

Decision of the European Central Bankof 18 December 2003amending Article 1(f) of Decision ECB/2001/16 of 6 December 2001 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002(ECB/2003/22)(2004/48/EC)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Statute of the European System of Central Banks and of the European Central Bank and in particular Article 32 thereof,Having regard to Decision ECB/2001/16 of 6 December 2001 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002(1),Whereas:(1) Article 1(f) of Decision ECB/2001/16 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) 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 European Central Bank's (ECB's) capital (hereinafter capital key weightings).(3) Article 1(f) of Decision ECB/2001/16 needs to be amended accordingly for the purpose of allocating monetary income of the NCBs of Member States that have adopted the euro from the financial year 2004. This amendment should introduce a general definition of the term "subscribed capital key" in order to avoid future amendments to Decision ECB/2001/16 each time the ECB's capital key is adjusted.(4) In order to achieve consistency between the ECB's income earned in the first quarter of the first year with effect from which each quinquennial adjustment applies and the ECB's income distributed at the end of such quarter, it is necessary to derogate from the first subparagraph of Article 2(1) of Decision ECB/2001/16 to ensure that the income earned in January of such quarter is also calculated on the basis of the new capital key weightings,HAS ADOPTED THIS DECISION:Article 1Amendments to Decision ECB/2001/16Decision ECB/2001/16 is amended as follows:1. Article 1(f) is replaced by the following:"(f) '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. The following subparagraph is added to Article 2(1):"The intra-Eurosystem balances on euro banknotes in circulation shall, for the period from 1 January until 31 January of the first year with effect from which each quinquennial adjustment pursuant to Article 29.3 of the Statute applies, be calculated on the basis of the adjusted subscribed capital key applied to balances on the total euro banknotes in circulation on 31 December of the previous year."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. 55.(2) OJ L 125, 19.5.1999, p. 33.(3) See page 27 of this Official Journal.


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31999D0468

1999/468/EC: Council Decision of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission

Official Journal L 184 , 17/07/1999 P. 0023 - 0026

COUNCIL DECISIONof 28 June 1999laying down the procedures for the exercise of implementing powers conferred on the Commission(1)(1999/468/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the third indent of Article 202 thereof,Having regard to the proposal from the Commission(2),Having regard to the opinion of the European Parliament(3),Whereas:(1) in the instruments which it adopts, the Council has to confer on the Commission powers for the implementation of the rules which the Council lays down; the Council may impose certain requirements in respect of the exercise of these powers; it may also reserve to itself the right, in specific and substantiated cases, to exercise directly implementing powers;(2) the Council adopted Decision 87/373/EEC of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission(4); that Decision has provided for a limited number of procedures for the exercise of such powers;(3) declaration No 31 annexed to the Final Act of the Intergovernmental Conference which adopted the Amsterdam Treaty calls on the Commission to submit to the Council a proposal amending Decision 87/373/EEC;(4) for reasons of clarity, rather than amending Decision 87/373/EEC, it has been considered more appropriate to replace that Decision by a new Decision and, therefore, to repeal Decision 87/373/EEC;(5) the first purpose of this Decision is, with a view to achieving greater consistency and predictability in the choice of type of committee, to provide for criteria relating to the choice of committee procedures, it being understood that such criteria are of a non-binding nature;(6) in this regard, the management procedure should be followed as regards management measures such as those relating to the application of the common agricultural and common fisheries policies or to the implementation of programmes with substantial budgetary implications; such management measures should be taken by the Commission by a procedure ensuring decision-making within suitable periods; however, where non-urgent measures are referred to the Council, the Commission should exercise its discretion to defer application of the measures;(7) the regulatory procedure should be followed as regards measures of general scope designed to apply essential provisions of basic instruments, including measures concerning the protection of the health or safety of humans, animals or plants, as well as measures designed to adapt or update certain non-essential provisions of a basic instrument; such implementing measures should be adopted by an effective procedure which complies in full with the Commission's right of initiative in legislative matters;(8) the advisory procedure should be followed in any case in which it is considered to be the most appropriate; the advisory procedure will continue to be used in those cases where it currently applies;(9) the second purpose of this Decision is to simplify the requirements for the exercise of implementing powers conferred on the Commission as well as to improve the involvement of the European Parliament in those cases where the basic instrument conferring implementation powers on the Commission was adopted in accordance with the procedure laid down in Article 251 of the Treaty; it has been accordingly considered appropriate to reduce the number of procedures as well as to adjust them in line with the respective powers of the institutions involved and notably to give the European Parliament an opportunity to have its views taken into consideration by, respectively, the Commission or the Council in cases where it considers that, respectively, a draft measure submitted to a committee or a proposal submitted to the Council under the regulatory procedure exceeds the implementing powers provided for in the basic instrument;(10) the third purpose of this Decision is to improve information to the European Parliament by providing that the Commission should inform it on a regular basis of committee proceedings, that the Commission should transmit to it documents related to activities of committees and inform it whenever the Commission transmits to the Council measures or proposals for measures to be taken;(11) the fourth purpose of this Decision is to improve information to the public concerning committee procedures and therefore to make applicable to committees the principles and conditions on public access to documents applicable to the Commission, to provide for a list of all committees which assist the Commission in the exercise of implementing powers and for an annual report on the working of committees to be published as well as to provide for all references to documents related to committees which have been transmitted to the European Parliament to be made public in a register;(12) the specific committee procedures created for the implementation of the common commercial policy and the competition rules laid down by the Treaties that are not currently based upon Decision 87/373/EEC are not in any way affected by this Decision,HAS DECIDED AS FOLLOWS:Article 1Other than in specific and substantiated cases where the basic instrument reserves to the Council the right to exercise directly certain implementing powers itself, such powers shall be conferred on the Commission in accordance with the relevant provisions in the basic instrument. These provisions shall stipulate the essential elements of the powers thus conferred.Where the basic instrument imposes specific procedural requirements for the adoption of implementing measures, such requirements shall be in conformity with the procedures provided for by Articles 3, 4, 5 and 6.Article 2The choice of procedural methods for the adoption of implementing measures shall be guided by the following criteria:(a) management measures, such as those relating to the application of the common agricultural and common fisheries policies, or to the implementation of programmes with substantial budgetary implications, should be adopted by use of the management procedure;(b) measures of general scope designed to apply essential provisions of basic instruments, including measures concerning the protection of the health or safety of humans, animals or plants, should be adopted by use of the regulatory procedure; where a basic instrument stipulates that certain non-essential provisions of the instrument may be adapted or updated by way of implementing procedures, such measures should be adopted by use of the regulatory procedure;(c) without prejudice to points (a) and (b), the advisory procedure shall be used in any case in which it is considered to be the most appropriate.Article 3Advisory procedure1. The Commission shall be assisted by an advisory committee composed of the representatives of the Member States and chaired by the representative of the Commission.2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.3. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.4. The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which the opinion has been taken into account.Article 4Management procedure1. The Commission shall be assisted by a management committee composed of the representatives of the Member States and chaired by the representative of the Commission.2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time-limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty, in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.3. The Commission shall, without prejudice to Article 8, adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission may defer application of the measures which it has decided on for a period to be laid down in each basic instrument but which shall in no case exceed three months from the date of such communication.4. The Council, acting by qualified majority, may take a different decision within the period provided for by paragraph 3.Article 5Regulatory procedure1. The Commission shall be assisted by a regulatory committee composed of the representatives of the Member States and chaired by the representative of the Commission.2. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time-limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.3. The Commission shall, without prejudice to Article 8, adopt the measures envisaged if they are in accordance with the opinion of the committee.4. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken and shall inform the European Parliament.5. If the European Parliament considers that a proposal submitted by the Commission pursuant to a basic instrument adopted in accordance with the procedure laid down in Article 251 of the Treaty exceeds the implementing powers provided for in that basic instrument, it shall inform the Council of its position.6. The Council may, where appropriate in view of any such position, act by qualified majority on the proposal, within a period to be laid down in each basic instrument but which shall in no case exceed three months from the date of referral to the Council.If within that period the Council has indicated by qualified majority that it opposes the proposal, the Commission shall re-examine it. It may submit an amended proposal to the Council, re-submit its proposal or present a legislative proposal on the basis of the Treaty.If on the expiry of that period the Council has neither adopted the proposed implementing act nor indicated its opposition to the proposal for implementing measures, the proposed implementing act shall be adopted by the Commission.Article 6Safeguard procedureThe following procedure may be applied where the basic instrument confers on the Commission the power to decide on safeguard measures:(a) the Commission shall notify the Council and the Member States of any decision regarding safeguard measures. It may be stipulated that before adopting its decision, the Commission shall consult the Member States in accordance with procedures to be determined in each case;(b) Any Member State may refer the Commission's decision to the Council within a time-limit to be determined within the basic instrument in question;(c) the Council, acting by a qualified majority, may take a different decision within a time-limit to be determined in the basic instrument in question. Alternatively, it may be stipulated in the basic instrument that the Council, acting by qualified majority, may confirm, amend or revoke the decision adopted by the Commission and that, if the Council has not taken a decision within the abovementioned time-limit, the decision of the Commission is deemed to be revoked.Article 71. Each committee shall adopt its own rules of procedure on the proposal of its chairman, on the basis of standard rules of procedure which shall be published in the Official Journal of the European Communities.Insofar as necessary existing committees shall adapt their rules of procedure to the standard rules of procedure.2. The principles and conditions on public access to documents applicable to the Commission shall apply to the committees.3. The European Parliament shall be informed by the Commission of committee proceedings on a regular basis. To that end, it shall receive agendas for committee meetings, draft measures submitted to the committees for the implementation of instruments adopted by the procedure provided for by Article 251 of the Treaty, and the results of voting and summary records of the meetings and lists of the authorities and organisations to which the persons designated by the Member States to represent them belong. The European Parliament shall also be kept informed whenever the Commission transmits to the Council measures or proposals for measures to be taken.4. The Commission shall, within six months of the date on which this Decision takes effect, publish in the Official Journal of the European Communities, a list of all committees which assist the Commission in the exercise of implementing powers. This list shall specify, in relation to each committee, the basic instrument(s) under which the committee is established. From 2000 onwards, the Commission shall also publish an annual report on the working of committees.5. The references of all documents sent to the European Parliament pursuant to paragraph 3 shall be made public in a register to be set up by the Commission in 2001.Article 8If the European Parliament indicates, in a Resolution setting out the grounds on which it is based, that draft implementing measures, the adoption of which is contemplated and which have been submitted to a committee pursuant to a basic instrument adopted under Article 251 of the Treaty, would exceed the implementing powers provided for in the basic instrument, the Commission shall re-examine the draft measures. Taking the Resolution into account and within the time-limits of the procedure under way, the Commission may submit new draft measures to the committee, continue with the procedure or submit a proposal to the European Parliament and the Council on the basis of the Treaty.The Commission shall inform the European Parliament and the committee of the action which it intends to take on the Resolution of the European Parliament and of its reasons for doing so.Article 9Decision 87/373/EEC shall be repealed.Article 10This Decision shall take effect on the day following that of its publication in the Official Journal of the European Communities.Done at Luxembourg, 28 June 1999.For the CouncilThe PresidentM. NAUMANN(1) Three statements in the Council minutes relating to this Decision are set out in OJ C 203 of 17 June, page 1.(2) OJ C 279, 8.9.1998, p. 5.(3) Opinion delivered on 6 May 1999 (not yet published in the Official Journal).(4) OJ L 197, 18.7.1987, p. 33.


title: Council Decision of  10 April 2006  concerning the conclusion of the Agreement between the International Criminal Court and the European Union on cooperation and assistance

text:
               28.4.2006

               EN

               Official Journal of the European Union

               L 115/49

         COUNCIL DECISION
   of 10 April 2006
   concerning the conclusion of the Agreement between the International Criminal Court and the European Union on cooperation and assistance
   (2006/313/CFSP)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               At its meeting on 25 April 2005, the Council decided to authorise the Presidency, assisted by the SG/HR, and by the Commission, as appropriate, to open negotiations in accordance with Article 24 of the Treaty on European Union, in order for the European Union to conclude an Agreement on cooperation and assistance with the International Criminal Court.

               (2)

               Following this authorisation, the Presidency negotiated the Agreement.

               (3)

               The Agreement should be approved on behalf of the European Union,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between and the International Criminal Court and the European Union on cooperation and assistance is hereby approved on behalf of the European Union.
   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 in order to bind the European Union.
   Article 3
   The Council notes that the Commission intends to direct its action towards achieving the objectives and priorities of the Agreement, where appropriate by pertinent Community measures.
   Article 4
   This Decision shall take effect on the date of its adoption.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 10 April 2006.

            For the Council

            The President

         U. PLASSNIK

    ---documentbreak---

               28.4.2006

               EN

               Official Journal of the European Union

               L 115/50

         AGREEMENT
   between the International Criminal Court and the European Union on cooperation and assistance
   THE INTERNATIONAL CRIMINAL COURT,
   Hereinafter ‘the Court’,
   of the one part, and
   THE EUROPEAN UNION,
   hereinafter ‘the EU’, represented by the Presidency of the Council of the European Union,
   of the other part,
   hereinafter referred to as the Parties,
   CONSIDERING the fundamental importance and the priority that must be given to the consolidation of the rule of law and respect for human rights and humanitarian law, as well as the preservation of peace and the strengthening of international security, in conformity with the United Nations Charter and as provided for in Article 11 of the Treaty on European Union;
   NOTING that the principles of the Rome Statute of the International Criminal Court, as well as those governing its functioning, are fully in line with the principles and objectives of the European Union;
   EMPHASISING the importance of the administration of justice in accordance with the rule of law and procedural fairness with particular reference to the rights of the accused provided in the Rome Statute;
   NOTING the special role of victims and witnesses in proceedings before the Court and the need for specific measures aimed at ensuring their security and effective participation in accordance with the Rome Statute;
   RECALLING that the European security strategy, adopted by the European Council on 12 December 2003, supports an international order based on effective multilateralism;
   BEARING IN MIND Council Common Position 2003/444/CFSP of 16 June 2003 on the International Criminal Court as well as the Council's Action Plan to follow-up on such Common Position and particularly the essential role of the International Criminal Court for the purpose of preventing and curbing the commission of the serious crimes falling within its jurisdiction;
   CONSIDERING that the European Union is committed to supporting the effective functioning of the International Criminal Court and to advance universal support for it by promoting the widest possible participation in the Rome Statute;
   RECALLING THAT this Agreement must be read in conjunction with and subject to the Rome Statute of the International Criminal Court and the Rules of Procedure and Evidence;
   RECALLING THAT Article 87(6), of the Rome Statute provides that the Court may ask any intergovernmental organisation to provide information or documents, and that the Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organisation and which are in accordance with its competence or mandate;
   CONSIDERING THAT this Agreement covers terms of cooperation and assistance between the International Criminal Court and the European Union and not between the International Criminal Court and the Member States of the European Union;
   CONSIDERING THAT, to that effect, the International Criminal Court and the European Union should agree on terms of cooperation and assistance in addition to Common Position 2003/444/CFSP, as well as to the EU Action Plan in follow-up to that Common Position,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Purpose of the Agreement
   This Agreement, which is entered into by the European Union (EU) and the International Criminal Court (the Court) pursuant to the provisions of the Treaty on European Union (EU Treaty) and the Rome Statute of the International Criminal Court (the Statute) respectively, defines the terms of cooperation and assistance between the EU and the Court.
   Article 2
   Definition of terms
   1.   For the purposes of this Agreement, ‘EU’ shall mean the Council of the European Union (hereinafter Council), the Secretary General/High Representative and the General Secretariat of the Council, and the Commission of the European Communities (hereinafter European Commission). ‘EU’ shall not mean the Member States in their own right.
   2.   For the purposes of this Agreement, ‘the Court’ shall mean:

               (a)

               the Presidency,

               (b)

               an Appeals Division, a Trial Division and a Pre-Trial Division,

               (c)

               the Prosecutor's Office,

               (d)

               the Registry,

               (e)

               the Secretariat of the Assembly of States Parties.

         Article 3
   Member State Agreements
   1.   This Agreement, including any agreements or arrangements concluded under Article 11, shall not apply to requests for information from the Court which relate to information, other than EU documents including EU classified information, originating from an individual Member State. In such circumstances, any request shall be made directly to the relevant Member State.
   2.   Article 73 of the Statute shall be applied, mutatis mutandis, to requests made by the Court to the EU under this Agreement.
   Article 4
   Obligation of cooperation and assistance
   The EU and the Court agree that, with a view to facilitating the effective discharge of their respective responsibilities, they shall cooperate closely, as appropriate, with each other and consult each other on matters of mutual interest, pursuant to the provisions of this Agreement while fully respecting the respective provisions of the EU Treaty and the Statute. In order to facilitate this obligation of cooperation and assistance, the Parties agree on the establishing of appropriate regular contacts between the Court and the EU Focal Point for the Court.
   Article 5
   Attendance at meetings
   The EU may invite the Court to attend meetings and conferences arranged under its auspices at which matters of interest to the Court are under discussion in order to give assistance with regard to matters within the jurisdiction of the Court.
   Article 6
   Promotion of the values underpinning the Statute
   The EU and the Court shall cooperate, whenever appropriate, by adopting initiatives to promote the dissemination of the principles, values and provisions of the Statute and related instruments.
   Article 7
   Exchange of information
   1.   The EU and the Court shall, to the fullest extent possible and practicable, ensure the regular exchange of information and documents of mutual interest in accordance with the Statute and the Rules of Procedure and Evidence.
   2.   With due regard to its responsibilities and competence under the EU Treaty, the EU undertakes to cooperate with the Court and to provide the Court with such information or documents in its possession as the Court may request pursuant to Article 87(6), of the Statute.
   3.   The EU may, at its own initiative and in accordance with the EU Treaty, provide information or documents, which may be relevant to the work of the Court.
   4.   The Registrar of the Court shall, in accordance with the Statute and the Rules of Procedure and Evidence, provide information and documentation relating to pleadings, oral proceedings, judgements and orders of the Court, which may be of interest to the EU.
   Article 8
   Protection of safety or security
   Should the cooperation, including the disclosure of information or documents, provided for in this Agreement endanger the safety or security of current or former staff of the EU or otherwise prejudice the security or proper conduct of any operation or activity of the EU, the Court may order, particularly at the request of the EU, appropriate measures of protection.
   Article 9
   Classified information
   Provisions relating to the release of EU classified information by the EU to an organ of the Court are set out in the Annex to this Agreement, which is an integral part thereof.
   Article 10
   Testimony of staff of the European Union
   1.   If the Court requests the testimony of an official or other staff of the EU, the EU undertakes to cooperate fully with the Court and, if necessary and with due regard to its responsibilities and competencies under the EU Treaty and the relevant rules thereunder, to take all necessary measures to enable the Court to hear that person's testimony, in particular by waiving that person's obligation of confidentiality.
   2.   With reference to Article 8, the Parties recognise that measures of protection might be required should an official or other staff of the EU be requested to provide the Court with testimony.
   3.   Subject to the Statute and the Rules of Procedure and Evidence, the EU shall be authorised to appoint a representative to assist any official or other staff of the EU who appears as a witness before the Court.
   Article 11
   Cooperation between the European Union and the Prosecutor
   1.   While fully respecting the EU Treaty:

               (i)

               the EU undertakes to cooperate with the Prosecutor, in accordance with the Statute and the Rules of Procedure and Evidence, in providing additional information held by the EU that he or she may seek;

               (ii)

               the EU undertakes to cooperate with the Prosecutor, in accordance with Article 54(3)(c) of the Statute;

               (iii)

               the EU shall, in accordance with Article 54(3)(d) of the Statute, enter into such arrangements or agreements, not inconsistent with the Statute, as may be necessary to facilitate the cooperation of the EU with the Prosecutor.

         2.   The Prosecutor shall address requests for information in writing to the Secretary General/High Representative. The Secretary General/High Representative shall provide a written reply no later than one month.
   3.   The EU and the Prosecutor may agree that the EU provide the Prosecutor with documents or information on condition of confidentiality and solely for the purpose of generating new evidence and that such documents or information shall not be disclosed to other organs of the Court or third parties, at any stage of the proceedings or thereafter, without the consent of the EU. The rules on classified information of Article 9 shall apply.
   Article 12
   Privileges and immunities
   If the Court seeks to exercise its jurisdiction over a person who is alleged to be criminally responsible for a crime within the jurisdiction of the Court and if such person enjoys, according to the relevant rules of international law, any privileges and immunities, the relevant institution of the EU undertakes to cooperate fully with the Court and, with due regard to its responsibilities and competencies under the EU Treaty and the relevant rules thereunder, to take all necessary measures to allow the Court to exercise its jurisdiction, in particular by waiving any such privileges and immunities in accordance with all relevant rules of international law.
   Article 13
   Personnel arrangements
   Pursuant to Article 44(4) of the Statute, the EU and the Court agree to determine, on a case by case basis, under which exceptional circumstances the Court may employ the expertise of gratis personnel offered by the EU, to assist with the work of any of the organs of the Court.
   Article 14
   Services and facilities
   Upon request of the Court, the EU shall, subject to availability, provide for the purposes of the Court, such facilities and services as may be required, including, where appropriate, support at the field level. The terms and conditions on which any such facilities, services or support of the EU may be provided shall be, as appropriate, the subject of prior supplementary arrangements.
   Article 15
   Training
   The EU shall endeavour to support, as appropriate and in consultation with the Court, the development of training and assistance for judges, prosecutors, officials and counsel in work related to the Court.
   Article 16
   Correspondence
   1.   For the purpose of this Agreement:

               (a)

               as regards the EU:
               all correspondence shall be sent to the Council at the following address:

                           Council of the European Union

                           Chief Registry Officer

                           Rue de la Loi/Wetstraat, 175

                           B-1048 Brussels

                     ;
               all correspondence shall be forwarded by the Chief Registry Officer of the Council to the Member States, to the European Commission and to the EU Focal Point for the Court subject to paragraph 2;

               (b)

               as regards the Court,
               all correspondence shall be addressed to the Registrar or the Prosecutor, as appropriate.

         2.   Exceptionally, correspondence from one Party which is only accessible to specific competent officials, organs or services of that Party may, for operational reasons, be addressed and only be accessible to specific competent officials, organs or services of the other Party specifically designated as recipients, taking into account their competencies and according to the need to know principle. As far as the EU is concerned, this correspondence shall be transmitted through the Chief Registry Officer of the Council.
   Article 17
   Implementation
   1.   The Office of the Prosecutor and the Registry of the Court and the Secretary-General of the Council and of the European Commission shall oversee the implementation of this Agreement, in accordance with their respective competencies.
   2.   The Court and the EU may, for the purposes of implementing this Agreement, enter into such arrangements as may be found appropriate.
   Article 18
   Settlement of disputes
   All differences between the EU and the Court arising out of the interpretation or application of this Agreement shall be dealt with through consultation between the Parties.
   Article 19
   Entry into force and review
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have signed it.
   2.   This Agreement may be reviewed for consideration of possible amendments at the request of either Party. It shall be reviewed no later than five years after its entry into force.
   3.   Any amendment to this Agreement shall only be made in writing and by common agreement of the Parties.
   Article 20
   Denunciation
   One Party may denounce this Agreement by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party, but shall not affect obligations already contracted under the provisions of this Agreement. In particular, all classified information provided or exchanged pursuant to this Agreement shall continue to be protected in accordance with the provisions set forth herein.
   IN WITNESS WHEREOF the undersigned, respectively duly authorised, have signed this Agreement.

      Hecho en Luxemburgo, el diez de abril de dos mil seis.
      V Lucemburku dne desátého dubna dva tisíce šest.
      Udfærdiget i Luxembourg den tiende april to tusind og seks.
      Geschehen zu Luxemburg am zehnten April zweitausendsechs.
      Kahe tuhande kuuenda aasta aprillikuu kümnendal päeval Luxembourgis.
      Έγινε στο Λουξεμβούργο, στις δέκα Απριλίου δύο χιλιάδες έξι.
      Done at Luxembourg on the tenth day of April in the year two thousand and six.
      Fait à Luxembourg, le dix avril deux mille six.
      Fatto a Lussemburgo, addì dieci aprile duemilase.
      Luksemburgā, divtūkstoš sestā gada desmitajā aprīlī.
      Priimta du tūkstančiai šeštų metų balandžio dešimtą dieną Liuksemburge.
      Kelt Luxembourgban, a kettőezer hatodik év április tizedik napján.
      Magħmul fil-Lussemburgu, fl-għaxra jum ta' April tas-sena elfejn u sitta.
      Gedaan te Luxemburg, de tiende april tweeduizend zes.
      Sporządzono w Luksemburgu dnia dziesiątego kwietnia roku dwutysięcznego szóstego.
      Feito no Luxemburgo, em dez de Abril de dois mil e seis.
      V Luxemburgu dňa desiateho apríla dvetisícšesť.
      V Luxembourgu, desetega aprila leta dva tisoč šest.
      Tehty Luxemburgissa kymmenentenä päivänä huhtikuuta vuonna kaksituhattakuusi.
      Som skedde i Luxemburg den tionde april tjugohundrasex.

         Por la Unión Europea
         Za Evropskou unii
         For Den Europæiske Union
         Für die Europäische Union
         Euroopa Liidu nimel
         Για την Ευρωπαϊκή Ένωοη
         For the European Union
         Pour l'Union européenne
         Per l'Unione europea
         Eiropas Savienības vārdā
         Europos Sąjungos vardu
         Az Európai Unió részéről
         Għall-Unjoni Ewropea
         Voor de Europese Unie
         W imieniu Unii Europejskiej
         Pela União Europeia
         Za Európsku úniu
         Za Evropsko unijo
         Euroopan unionin puolesta
         För Europeiska unionen

         Por la Corte Penal Internacional
         Za Mezinárodní trestní soud
         For Den Internationale Straffedomstol
         Für den Europäischen Strafgerichtshof
         Rahvusvahelise Kriminaalkohtu nimel
         Για to Διεθνές Ποινικό Δικαστήριο
         For the International Criminal Court
         Pour la Cour Pénale Internationale
         Per la Corte Penale Internazionale
         Starptautiskās Krimināltiesas vārdā
         Tarptautinio baudžiamojo teismo vardu
         A Nemzetközi Büntetőbíróság részéről
         Għall-Qorti Kriminali Internazzjonali
         Voor het Internationaal Strafhof
         W imieniu Międzynarodowego Trybunału Karnego
         Pelo Tribunal Penal Internacional
         Za Medzinárodný trestný súd
         Za Mednarodno Kazensko Sodišče
         Kansainvälisen rikostuomioistuimen puolesta
         För Internationella brottmålsdomstolen

   ANNEX

               1.

               Should EU classified information be requested by an organ of the Court within the meaning of Article 34 of the Statute, it may be released only in accordance with the Council's security regulations (1).
               For the purposes of this Agreement, classified information shall mean any information (namely, knowledge that can be communicated in any form) or material determined to require protection against unauthorised disclosure and which has been so designated by a security classification (hereinafter referred to as classified information).
               In particular:

                           (i)

                           the Court shall ensure that EU classified information released to it keeps the security classification given to it by the EU and shall safeguard such information, in accordance with an equivalent level of protection to that foreseen in the Council's security regulations. In this respect, the Court shall ensure that it provides the protection required by the EU in accordance with the rules, measures and procedures to be established pursuant to paragraph 4;

                           (ii)

                           the Court shall not use the released EU classified information for purposes other than those for which those EU classified information and documents have been released to the Court;

                           (iii)

                           the Court shall not disclose such information and documents to third parties without the prior written consent of the EU in accordance with the principle of originator consent as defined in the Council's security regulations;

                           (iv)

                           the Court shall ensure that access to EU classified information released to it will be authorised only for individuals who have a ‘need to know’;

                           (v)

                           the Court shall ensure that all persons who, in the conduct of their official duties require access, or whose duties or functions may afford access to information classified CONFIDENTIEL UE and above, are appropriately security cleared before they are granted access to such information, in accordance with arrangements to be established on the basis of objective criteria pursuant to paragraph 4;

                           (vi)

                           the Court shall ensure that, before being given access to EU classified information, all individuals who require access to such information are briefed on and comply with the requirements of the protective security regulations relevant to the classification of the information they are to access;

                           (vii)

                           taking into account their level of classification, EU classified information shall be forwarded to the Court by diplomatic bag, military mail services, secure mail services, secure telecommunications or personal carriage. The Court shall notify in advance to the General Secretariat of the Council of the EU the name and address of the body responsible for the security of classified information and the precise addresses to which the information must be forwarded and will ensure that the addressees are security cleared;

                           (viii)

                           the Court shall ensure that all premises, areas, buildings, offices, rooms, communication and information systems, and the like, in which EU classified information is stored and/or handled, is protected by appropriate physical security measures, in accordance with the arrangements to be established pursuant to paragraph 4;

                           (ix)

                           the Court shall ensure that EU classified documents released to it are, on their receipt, recorded in a special register. The Court shall ensure that copies of EU classified documents released to it, which may be made by the recipient body, their number and distribution, are recorded in this special register. The Court shall notify to the EU the date of return of those documents to the EU or provide a certificate of their destruction;

                           (x)

                           the Court shall notify to the General Secretariat of the Council of the EU any case of compromise of EU classified information released to it. In such a case, the Court shall initiate investigations and take appropriate measures to prevent a recurrence, in accordance with the arrangements to be established pursuant to paragraph 4.

               2.

               In implementing paragraph 1, no generic release shall be possible unless procedures are established and agreed between the Parties regarding certain categories of information.

               3.

               EU classified information may be downgraded or declassified in accordance with Council's security regulations before being released to the Court. Any EU classified document containing national classified information may be consulted only by appropriately cleared Court staff or downgraded or declassified and released to the Court with the express written consent of the originator.

               4.

               In order to implement this Agreement, security arrangements shall be established between the three authorities designated below in order to lay down the standards of the reciprocal security protection for classified information subject to this Agreement:

                           (a)

                           the Security Office of the Court shall be responsible for developing security arrangements for the protection and safeguarding of classified information provided to the Court under this Agreement;

                           (b)

                           the Security Office of the General Secretariat of the Council, under the direction and on behalf of the Secretary General of the Council, acting in the name of the Council and under its authority, shall be responsible for developing security arrangements for the protection and safeguarding of classified information provided to the EU under this Agreement;

                           (c)

                           the European Commission Security Directorate, acting in the name of the European Commission and under its authority, shall be responsible for developing security arrangements for the protection of classified information provided or exchanged under this Agreement within the European Commission and its premises;

                           (d)

                           for the EU, these standards shall be subject to approval by the Council Security Committee.

               5.

               The Parties shall provide mutual assistance with regard to security of classified information subject to this Agreement and matters of common interest. Reciprocal security consultations and inspections shall be conducted by the authorities defined in paragraph 4 to assess the effectiveness of the security arrangements within their respective responsibility to be established pursuant to paragraph 4.

               6.

               The Parties shall have a security organisation and security programmes, based upon such basic principles and minimum standards of security which shall be implemented in the security systems of the Parties to be established pursuant to paragraph 4, to ensure that an equivalent level of protection is applied to classified information subject to this Agreement.

               7.

               Prior to the initial provision of classified information subject to this Agreement, the responsible security authorities referred to in paragraph 4 must have agreed that the receiving party is able to protect and safeguard the information subject to this Agreement in a way consistent with the arrangements to be established pursuant to paragraph 4.

               8.

               Nothing in this Agreement shall prejudice the possibility of the EU making available to the Court information with the highest level of classification subject to the Court ensuring an equivalent level of protection to that foreseen in the Council's security regulations.

      (1)  Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (OJ L 101, 11.4.2001, p. 1).


title: Council Decision (CFSP) 2015/959 of 19 June 2015 amending Decision 2014/386/CFSP concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol

text:
               20.6.2015

               EN

               Official Journal of the European Union

               L 156/25

         COUNCIL DECISION (CFSP) 2015/959
   of 19 June 2015
   amending Decision 2014/386/CFSP concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 23 June 2014, the Council adopted Decision 2014/386/CFSP (1).

               (2)

               On 19 March 2015, the European Council concluded that it does not recognise and continues to condemn the illegal annexation of Crimea and Sevastopol by the Russian Federation and will remain committed to fully implement its non-recognition policy.

               (3)

               On the basis of a review of Decision 2014/386/CFSP, the restrictive measures should be renewed until 23 June 2016.

               (4)

               Decision 2014/386/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The second paragraph of Article 5 of Decision 2014/386/CFSP is replaced by the following:

      ‘This Decision shall apply until 23 June 2016.’.

   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 19 June 2015.

            For the Council

            The President

         J. REIRS

      (1)  Council Decision 2014/386/CFSP of 23 June 2014 concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol (OJ L 183, 24.6.2014, p. 70).


title: 2010/74/: Commission Decision of 4 February 2010 amending Decision 2005/629/EC establishing a Scientific, Technical and Economic Committee for Fisheries

text:
               10.2.2010

               EN

               Official Journal of the European Union

               L 37/52

         COMMISSION DECISION
   of 4 February 2010
   amending Decision 2005/629/EC establishing a Scientific, Technical and Economic Committee for Fisheries
   (2010/74/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the functioning of the European Union,
   Having regard to the Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 33(1) thereof,
   Whereas:

               (1)

               Commission Decision 2005/629/EC (2) establishes a Scientific, Technical and Economic Committee for Fisheries (STECF) which provides to the Commission highly qualified scientific advice.

               (2)

               Decision 2005/629/EC sets up procedures for the appointment of the STECF members, terms of office of its members, invitations of external experts, creation of Working Groups and procedures for the adoption of the rules of procedure of STECF. Those procedures should be simplified allowing administrative decisions to be taken at the appropriate level.

               (3)

               To avoid confusion with daily allowances paid to private experts invited by the Commission, the additional allowances to be allocated in accordance with Decision 2005/629/EC to STECF members and external experts participating in meetings of the STECF, should be named ‘compensation’.

               (4)

               Decision 2005/629/EC should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Sole Article
   Decision 2005/629/EC is amended as follows:

               1.

               Article 4 paragraph 1:
               ‘1.   The Commission shall appoint the members of the STECF from a list of suitable candidates. That list shall be established following the publication of an open call for applications on the Commission’s website.’

               2.

               In Article 7, the expression ‘with the approval of the Commission’ is replaced by ‘after having consulted the Commission’s department in charge of the file’.

               3.

               In Article 8, the expression ‘with the approval of the Commission’ is replaced by ‘after having consulted the Commission’s department in charge of the file’.

               4.

               Article 9 is amended as follows:

                           (a)

                           the heading is replaced by the following:
                           ‘Reimbursements and compensation’

                           (b)

                           paragraph 1 is replaced by the following
                           ‘1.   Members of the STECF and the external experts shall be entitled to compensation for their participation in the activities of the STECF as provided for in the Annex.’

               5.

               Article 10 is amended as follows:

                           (a)

                           paragraph 1 is replaced by the following:
                           ‘1.   Before organising plenary sessions of STECF and its working groups, the STECF shall consult the Commission’s department in charge of the file.’

                           (b)

                           paragraph 3 is replaced by the following:
                           ‘3.   On request of the Commission’s department in charge of the file, experts who are not members of STECF may be invited to participate in STECF meetings and its working groups.’

               6.

               In Article 11(1) the expression ‘with the approval of the Commission’ is replaced by ‘after having consulted the Commission’s department in charge of the file’.

               7.

               The Annex is replaced by the text in the Annex to this Decision.

      Done at Brussels, 4 February 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 358, 31.12.2002, p. 59.

      (2)  OJ L 225, 31.8.2005, p. 18.

      ANNEX

            ‘ANNEX

               COMPENSATION

            STECF members and external experts shall be entitled to compensation further to their participation in the activities of the STECF as follows:

                        —

                        Attendance at STECF plenary sessions and STECF working groups

                                    EUR per full day

                                    STECF plenary sessions

                                    STECF Working Groups

                                    Chairperson

                                    300

                                    300

                                    Vice Chairperson (1)

                                    300

                                    0

                                    Other attendee

                                    250

                                    250

                              Should the participation only take place in a morning or in an afternoon, the compensation should be of 50 % of the full day compensation.

                        —

                        Reports

                                    EUR

                                    STECF opinions at plenary sessions or by correspondence (2)

                                    Background reports (3) prior to STECF plenary sessions and working groups

                                    Rapporteur

                                    300

                                    300 (4)

         (1)  Only foreseen at STECF plenary sessions.

         (2)  Compensation to be paid for the completion of the opinion.

         (3)  Summaries, inquiries and background information.

         (4)  With a maximum of 15 days, the compensation should be paid based on the timeframe decided by the Commission as specified in its prior written agreement. However the Commission may decide to extend the number of days if deemed necessary.’


               19.2.2016

               EN

               Official Journal of the European Union

               C 65/180

         P7_TA(2013)0236
   Request for the waiver of parliamentary immunity of Jacek Olgierd Kurski
   European Parliament decision of 11 June 2013 on the request for waiver of the immunity of Jacek Olgierd Kurski (2013/2019(IMM))
   (2016/C 065/26)

      The European Parliament,

               —

               having regard to the request for waiver of the immunity of Jacek Olgierd Kurski, forwarded on 16 January 2013 by the Public Prosecutor General of the Republic of Poland, in connection with a request dated 2 January 2013 from the Head of the Prevention Office of the National Police Headquarters acting on the authority of the Chief Inspector of Police, and announced in plenary on 4 February 2013,

               —

               having heard Jacek Olgierd Kurski in accordance with Rule 7(3) of its Rules of Procedure,

               —

               having regard to Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, Article 6(2) of the Act of 20 September 1976 concerning the election of the Members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010 and 6 September 2011 (1),

               —

               having regard to Article 105 of the Constitution of the Republic of Poland and Articles 7, 7b(1) and 7c, in conjunction with Article 10b, of the Polish Act of 9 May 1996 on the performance of the mandate of deputy or senator,

               —

               having regard to Rules 6(2) and 7 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A7-0187/2013),

               A.

               whereas the Public Prosecutor General of the Republic of Poland has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Jacek Olgierd Kurski, in connection with possible legal action concerning an alleged offence;

               B.

               whereas, according to Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, Members shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State;

               C.

               whereas Article 105(2) of the Constitution of the Republic of Poland provides that, during the parliamentary term, Members of Parliament may not be subjected to criminal accountability without prior leave granted by Parliament;

               D.

               whereas Jacek Olgierd Kurski is accused of committing a traffic offence under Article 92(1) of the Act of 20 May 1971 establishing a Code of Offences (Polish Journal of Laws 2010 No 46, item 275, as amended);

               E.

               whereas the alleged action does not have a direct, obvious connection with Jacek Olgierd Kurski’s performance of his duties as a Member of the European Parliament or constitute opinions expressed or votes cast in the performance of the duties of the Member of the European Parliament within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

               F.

               whereas the accusation manifestly bears no relation to Jacek Olgierd Kurski’s position as a Member of the European Parliament;

               G.

               whereas there is no reason to suspect the existence of a fumus persecutionis;

               1.

               Decides to waive the immunity of Jacek Olgierd Kurski;

               2.

               Instructs its President to forward this decision and the report of its competent committee immediately to the Public Prosecutor General of the Republic of Poland and to Jacek Olgierd Kurski.

      (1)  Judgment of 12 May 1964 in Case 101/63, Wagner v Fohrmann and Krier (ECR 1964, p. 195); judgment of 10 July 1986 in Case 149/85, Wybot v Faure and others (ECR 1986, p. 2403); judgment of 15 October 2008 in Case T-345/05, Mote v Parliament (ECR 2008, p. II-2849); judgment of 21 October 2008 in Joined Cases C-200/07 and C-201/07, Marra v De Gregorio and Clemente (ECR 2008, p. I-7929); judgment of 19 March 2010 in Case T-42/06, Gollnisch v Parliament (ECR 2010, p. II-1135); judgment of 6 September 2011 in Case C-163/10, Patriciello (ECR 2011, p. I-7565).


Avis juridique important

|

32002D0653

2002/653/EC: Council Decision of 12 July 2002 amending the Protocol on the Statute of the Court of Justice of the European Communities

Official Journal L 218 , 13/08/2002 P. 0001 - 0001

Council Decisionof 12 July 2002amending the Protocol on the Statute of the Court of Justice of the European Communities(2002/653/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 245 thereof,Having regard to the request of the Court of Justice of 17 October 2001,Having regard to the opinion of the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:Provision should be made for participation by non-member States in preliminary-ruling proceedings before the Court of Justice in the event that an agreement relating to a specific subject matter, concluded by the Council with one or more non-member States, provides that those States are to be entitled to submit statements of case or written observations where a court or tribunal of a member State refers to the Court of Justice for a preliminary ruling a question falling within the scope of the agreement,HAS DECIDED AS FOLLOWS:Article 1The following paragraph shall be added to Article 20 of the Protocol on the Statute of the Court of Justice of the European Communities: "Where an agreement relating to a specific subject matter, concluded by the Council and one or more non-member States, provides that those States are to be entitled to submit statements of case or written observations where a court or tribunal of a Member State refers to the Court for a preliminary ruling a question falling within the scope of the agreement, the decision of the national court or tribunal containing that question shall also be notified to the non-member States concerned. Within two months from such notification, those States may lodge at the Court statements of case or written observations."Article 2This Decision shall enter into force on the date of its publication in the Official Journal of the European Communities.Done at Brussels, 12 July 2002.For the CouncilThe PresidentT. Pedersen(1) Opinion delivered on 22 February 2002 (not yet published in the Official Journal).(2) Opinion delivered on 14 May 2002 (not yet published in the Official Journal).


64/732/EEC: Council Decision of 23 December 1963 on the conclusion of the Agreement establishing an Association between the European Economic Community and Turkey


title: Decision (EU) 2017/101 of the European Central Bank of 11 January 2017 amending Decision ECB/2014/40 on the implementation of the third covered bond purchase programme (ECB/2017/2)

text:
               20.1.2017

               EN

               Official Journal of the European Union

               L 16/53

         DECISION (EU) 2017/101 OF THE EUROPEAN CENTRAL BANK
   of 11 January 2017
   amending Decision ECB/2014/40 on the implementation of the third covered bond purchase programme (ECB/2017/2)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the second subparagraph of Article 12.1 in conjunction with the first indent of Article 3.1, and Article 18.1 thereof,
   Whereas:

               (1)

               Decision ECB/2014/40 (1) established the third covered bond purchase programme (hereinafter the ‘CBPP3’). Alongside the asset-backed securities purchase programme, the secondary markets public sector asset purchase programme and the corporate sector purchase programme, the CBPP3 is part of the expanded asset purchase programme (APP). The APP aims to further enhance the transmission of monetary policy, facilitate the provision of credit to the euro area economy, ease borrowing conditions for households and firms and contribute to returning inflation rates to levels below but close to 2 % over the medium term, consistent with the primary objective of the European Central Bank (ECB) of maintaining price stability.

               (2)

               The purchase of assets under the APP is a proportionate measure for mitigating the risks to the outlook for price developments, as it will further ease monetary and financial conditions, including those relevant to the borrowing conditions of euro area non-financial corporations and households, thereby supporting aggregate consumption and investment spending in the euro area and ultimately contributing to a return of inflation rates to levels below but close to 2 % over the medium term. The APP fully complies with the obligations of the Eurosystem central banks under the Treaties, including the prohibition of monetary financing, and does not impair the operation of the Eurosystem in accordance with the principle of an open market economy with free competition.

               (3)

               On 8 December 2016, the Governing Council decided, in line with its mandate to ensure price stability, that certain parameters of the APP should be adjusted in order to achieve the APP's objectives. The adjustments are in line with the Governing Council's monetary policy mandate, fully comply with the obligations of the Eurosystem central banks under the Treaties and duly reflect risk management considerations.

               (4)

               More specifically, the intended horizon of purchases under the APP should be extended until the end of December 2017, or beyond, if necessary, and in any event until the Governing Council sees a sustained adjustment in the path of inflation that is consistent with its aim of achieving inflation rates below, but close to, 2 % over the medium term.

               (5)

               The liquidity provided to the market through the combined monthly purchases under the APP should continue to amount to EUR 80 billion until the end of March 2017. From April 2017, the combined monthly purchases under the APP should proceed at a pace of EUR 60 billion until the end of December 2017, or beyond, if necessary, and in any case until the Governing Council sees a sustained adjustment in the path of inflation consistent with its inflation aim. If, in the meantime, the outlook becomes less favourable, or if financial conditions become inconsistent with further progress towards a sustained adjustment in the path of inflation, the Governing Council intends to increase the programme in terms of size and/or duration.

               (6)

               To ensure the continued smooth implementation of purchases under the APP over the intended horizon, purchases of securities under the APP with a yield to maturity below the interest rate on the ECB's deposit facility should be permitted to the extent necessary.

               (7)

               Therefore, Decision ECB/2014/40 should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendment
   In Article 2 of Decision ECB/2014/40, the following point 7 is added:

                  ‘7.

                  Purchases of nominal covered bonds at a negative yield to maturity (or yield to worst) equal to or above the deposit facility rate are permitted. Purchases of nominal covered bonds at a negative yield to maturity (or yield to worst) below the deposit facility rate are permitted to the extent necessary.’.

   Article 2
   Entry into force
   This Decision shall enter into force on 13 January 2017.

      Done at Frankfurt am Main, 11 January 2017.

            For the Governing Council of the ECB

            The President of the ECB

         Mario DRAGHI

      (1)  Decision ECB/2014/40 of 15 October 2014 on the implementation of the third covered bond purchase programme (OJ L 335, 22.11.2014, p. 22).