Avis juridique important

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31991D0160

91/160/Euratom: Commission Decision of 5 March 1991 concerning the conclusion on behalf of the European Atomic Energy Community of the Agreement between the European Economic Community and the European Atomic Energy Community and Romania on trade and commercial and economic cooperation

Official Journal L 079 , 26/03/1991 P. 0030 - 0030

COMMISSION DECISION  of 5 March 1991  concerning the conclusion on behalf of the European Atomic Energy Community of the Agreement between the European Economic Community and the European Atomic Energy Community and Romania on trade and commercial  and economic cooperation  (91/160/Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,   Having regard to the Treaty establishing the European Economic Community, and in particular the second paragraph of Article 101 thereof,   Whereas the Agreement between the European Economic Community and the European Atomic Energy Community and Romania on trade and commercial and economic cooperation was signed on 22 October 1990;   Whereas by Decision of 4 March 1991 the Council approved the said Agreement for the purposes of conclusion by the Commission on behalf of the European Atomic Energy Community;   Whereas the said Agreement should be concluded on behalf of the European Atomic Energy Community,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement between the European Economic Community and the European Atomic Energy Community and Romania on trade and commercial and economic cooperation is hereby concluded on behalf of the European Atomic Energy Community.   The text of the Agreement is attached to this Decision(1).  Article 2 The President of the Commission shall give the notification provided for in Article 25 of the Agreement on behalf of the European Atomic Energy Community.  Done at Brussels, 5 March 1991.  For the Commission  The President  Jacques DELORS (1)See page 13 of this Official Journal.


title: Council Decision 2005/846/CFSP of  29 November 2005  implementing Common Position 2005/440/CFSP concerning restrictive measures against the Democratic Republic of Congo

text:
               30.11.2005

               EN

               Official Journal of the European Union

               L 314/35

      COUNCIL DECISION 2005/846/CFSP
   of 29 November 2005
   implementing Common Position 2005/440/CFSP concerning restrictive measures against the Democratic Republic of Congo
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Common Position 2005/440/CFSP of 13 June 2005 (1), and in particular Article 6 thereof, in conjunction with Article 23(2) of the Treaty on European Union,
   Whereas:

               (1)

               On 1 November 2005, the Committee established pursuant to United Nations Security Council (UNSC) Resolution 1533 (2004) approved the list of individuals and entities subject to the measures imposed by paragraphs 13 and 15 of UNSC Resolution 1596 (2005) concerning the Democratic Republic of the Congo.

               (2)

               The Annex to Common Position 2005/440/CFSP should be completed accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The list of persons and entity set out in the Annex to this Decision shall be inserted in the Annex to Common Position 2005/440/CFSP.
   Article 2
   This Decision shall take effect on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 29 November 2005.

            For the Council

            The President

         A. JOHNSON

      (1)  OJ L 152, 15.6.2005, p. 22.

      ANNEX
      List of persons and entity referred to in Article 1

                  1.

                  Surname, First Name: BWAMBALE, Frank Kakolele
                  Alias: Frank Kakorere, Frank Kakorere Bwambale
                  Sex:
                  Title, Function:
                  Address (No, street, postal code, town, country):
                  Date of birth:
                  Place of birth (town, country):
                  Passport or ID Number (including country that issued and date and place of issue):
                  Nationality:
                  Other information: Former RCD-ML leader, exercising influence over policies and maintaining command and control over the activities of RCD-ML forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo.

                  2.

                  Surname, First Name: KAKWAVU BUKANDE, Jérôme
                  Alias: Jérôme Kakwavu
                  Sex:
                  Title, Function:
                  Address (No, street, postal code, town, country):
                  Date of birth:
                  Place of birth (town, country):
                  Passport or ID Number (including country that issued and date and place of issue):
                  Nationality: Congolese
                  Other information: Known as: ‘Commandant Jérôme’. Former President of UCD/FAPC. FAPC’s control of illegal border posts between Uganda and the DRC — a key transit route for arms flows. As President of the FAPC, he exercises influence over policies and maintains command and control over the activities of FAPC forces, which have been involved in arms trafficking and, consequently, in violations of the arms embargo. Given the rank of General in the FARDC in December 2004.

                  3.

                  Surname, First Name: KATANGA, Germain
                  Alias:
                  Sex:
                  Title, Function:
                  Address (No, street, postal code, town, country):
                  Date of birth:
                  Place of birth (town, country):
                  Passport or ID Number (including country that issued and date and place of issue):
                  Nationality: Congolese
                  Other information: Under house arrest in Kinshasa from March 2005 for FRPI involvement in human rights abuses. FRPI chief. Appointed General in the FARDC in December 2004. Involved in weapons transfers, in violation of the arms embargo.

                  4.

                  Surname, First Name: LUBANGA, Thomas
                  Alias:
                  Sex:
                  Title, Function:
                  Address (No, street, postal code, town, country):
                  Date of birth:
                  Place of birth (town, country): Ituri
                  Passport or ID Number (including country that issued and date and place of issue):
                  Nationality: Congolese
                  Other information: Arrested in Kinshasa from March 2005 for UPC/L involvement in human rights abuses violations. President of the UPC/L, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo.

                  5.

                  Surname, First Name: MANDRO, Khawa Panga
                  Alias: Kawa Panga, Kawa Panga Mandro, Kawa Mandro, Yves Andoul Karim
                  Sex:
                  Title, Function:
                  Address (No, street, postal code, town, country):
                  Date of birth: 20.8.1973
                  Place of birth (town, country): Bunia
                  Passport or ID Number (including country that issued and date and place of issue):
                  Nationality: Congolese
                  Other information: Known as: ‘Chief Kahwa’, ‘Kawa’. Ex-President of PUSIC, one of the armed groups and militia referred to in paragraph 20 of Res. 1493 (2003) involved in arms trafficking, in violation of the arms embargo. In prison in Bunia since 04/05 for sabotage of the Ituri peace process.

                  6.

                  Surname, First Name: MPANO, Douglas
                  Alias:
                  Sex:
                  Title, Function:
                  Address (No, street, postal code, town, country):
                  Date of birth:
                  Place of birth (town, country):
                  Passport or ID Number (including country that issued and date and place of issue):
                  Nationality: Congolese
                  Other information: Based in Goma. Manager of the Compagnie Aérienne des Grands Lacs and of Great Lakes Business Company, whose aircraft were used to provide assistance to armed groups and militias referred to in paragraph 20 of Res. 1493 (2003). Also responsible for disguising information on flights and cargo apparently to allow for the violation of the arms embargo.

                  7.

                  Surname, First Name: MUDACUMURA, Sylvestre
                  Alias:
                  Sex:
                  Title, Function:
                  Address (No, street, postal code, town, country):
                  Date of birth:
                  Place of birth (town, country):
                  Passport or ID Number (including country that issued and date and place of issue):
                  Nationality: Rwandan
                  Other information: Known as: ‘Radja’, ‘Mupenzi Bernard’, ‘General Major Mupenzi’. FDLR Commander on the ground, exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo.

                  8.

                  Surname, First Name: MURWANASHY-AKA, Dr Ignace
                  Alias: Ignace
                  Sex:
                  Title, Function:
                  Address (No, street, postal code, town, country):
                  Date of birth:
                  Place of birth (town, country):
                  Passport or ID Number (including country that issued and date and place of issue):
                  Nationality: Rwandan
                  Other information: Resident in Germany. President of FDLR, exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo.

                  9.

                  Surname, First Name: MUTEBUTSI, Jules
                  Alias: Jules Mutebusi, Jules Mutebuzi
                  Sex:
                  Title, Function:
                  Address (No, street, postal code, town, country):
                  Date of birth:
                  Place of birth (town, country): South Kivu
                  Passport or ID Number (including country that issued and date and place of issue):
                  Nationality: Congolese (South Kivu)
                  Other information: Currently detained in Rwanda. Known as: ‘Colonel Mutebutsi’. Former FARDC Deputy Military Regional Commander of 10th MR in April 2004, dismissed for indiscipline and joined forces with other renegade elements of former RCD-G to take town of Bukavu in May 2004 by force. Implicated in the receipt of weapons outside of FARDC structures and provision of supplies to armed groups and militia mentioned in paragraph 20 of Res. 1493 (2003), in violation of the arms embargo.

                  10.

                  Surname, First Name: NGUDJOLO, Matthieu
                  Alias: Cui Ngudjolo
                  Sex:
                  Title, Function:
                  Address (No, street, postal code, town, country):
                  Date of birth:
                  Place of birth (town, country):
                  Passport or ID Number (including country that issued and date and place of issue):
                  Nationality:
                  Other information: ‘Colonel’ or ‘General’. FNI Chief of Staff and former Chief of Staff of the FRPI, exercising influence over policies and maintaining command and control the activities of FRPI forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo. Arrested by MONUC in Bunia in October 2003.

                  11.

                  Surname, First Name: NJABU, Floribert Ngabu
                  Alias: Floribert Njabu, Floribert Ndjabu, Floribert Ngabu Ndjabu
                  Sex:
                  Title, Function:
                  Address (No, street, postal code, town, country):
                  Date of birth:
                  Place of birth (town, country):
                  Passport or ID Number (including country that issued and date and place of issue):
                  Nationality:
                  Other information: Arrested and placed under house arrest in Kinshasa from March 2005 for FNI involvement in human rights abuses. President of FNI, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo.

                  12.

                  Surname, First Name: NKUNDA, Laurent
                  Alias: Laurent Nkunda Bwatare, Laurent Nkundabatware, Laurent Nkunda Mahoro Batware
                  Sex:
                  Title, Function:
                  Address (No, street, postal code, town, country):
                  Date of birth: 6.2.1967
                  Place of birth (town, country): North Kivu/Rutshuru
                  Passport or ID Number (including country that issued and date and place of issue):
                  Nationality: Congolese
                  Other information: Currently unlocated. Sightings in Rwanda and Goma. Known as: ‘General Nkunda’. Former RCD-G General. Joined forces with other renegade elements of former RCD-G to take Bukavu in May 2004 by force. In receipt of weapons outside of FARDC in violation of the arms embargo.

                  13.

                  Surname, First Name: NYAKUNI, James
                  Alias:
                  Sex:
                  Title, Function:
                  Address (No, street, postal code, town, country):
                  Date of birth:
                  Place of birth (town, country):
                  Passport or ID Number (including country that issued and date and place of issue):
                  Nationality: Ugandan
                  Other information: Trade partnership with Commandant Jerome, particularly smuggling across the DRC/Uganda border, including suspectted smuggling of weapons and military material in unchecked trucks. Violation of the arms embargo and provision of assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003), including financial support that allows them to operate militarily.

                  14.

                  Surname, First Name: OZIA MAZIO, Dieudonné
                  Alias: Ozia Mazio
                  Sex:
                  Title, Function:
                  Address (No, street, postal code, town, country):
                  Date of birth: 6.6.1949
                  Place of birth (town, country): Ariwara, DRC
                  Passport or ID Number (including country that issued and date and place of issue):
                  Nationality: Congolese
                  Other information: Known as: ‘Omari’, ‘Mr Omari’. President of FEC in Aru territory. Financial schemes with Commandant Jerome and FAPC and smuggling across the DRC/Uganda border, allowing supplies and cash to be made available to Commandant Jerome and his troops. Violation of the arms embargo, including by providing assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003).

                  15.

                  Surname, First Name: TAGANDA, Bosco
                  Alias: Bosco Ntaganda, Bosco Ntagenda
                  Sex:
                  Title, Function:
                  Address (No, street, postal code, town, country):
                  Date of birth:
                  Place of birth (town, country):
                  Passport or ID Number (including country that issued and date and place of issue):
                  Nationality: Congolese
                  Other information: Known as: ‘Terminator’, ‘Major’. UPC/L military commander, exercising influence over policies and maintaining command and control over the activities of UPC/L, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. He was appointed General in the FARDC in December 2004 but refused to accept the promotion, therefore remaining outside of the FARDC.

                  16.

                  Name: TOUS POUR LA PAIX ET LE DEVELOPPMENT (NGO)
                  Alias: TPD
                  Address (No, street, postal code, town, country): Goma, North Kivu
                  Place of registration (town, country):
                  Date of registration:
                  Registration number:
                  Principal place of business:
                  Other information: Implicated in violation of the arms embargo, by providing assistance to RCD-G, particularly in supplying trucks to transport arms and troops, and also by transporting weapons to be distributed, to parts of the population in Masisi and Rutshuru, North Kivu, in early 2005.


title: Council Decision (EU) 2017/883 of 11 May 2017 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Budget Line 12.02.01)

text:
                  24.5.2017

                  EN

                  Official Journal of the European Union

                  L 135/18

            COUNCIL DECISION (EU) 2017/883
      of 11 May 2017
      on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Budget Line 12.02.01)
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 in conjunction with Article 218(9) thereof,
      Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
      Having regard to the proposal from the European Commission,
      Whereas:

                  (1)

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

                  (2)

                  Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 to the EEA Agreement.

                  (3)

                  Protocol 31 to the EEA Agreement contains provisions on cooperation in specific fields outside the four freedoms.

                  (4)

                  It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the European Union regarding financial services.

                  (5)

                  Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2017.

                  (6)

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

            HAS ADOPTED THIS DECISION:
      Article 1
      The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft decision of the EEA Joint Committee attached to this Decision.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at Brussels, 11 May 2017.

               For the Council

               The President

            R. GALDES

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

         (2)  OJ L 1, 3.1.1994, p. 3.

         DRAFT
         DECISION OF THE EEA JOINT COMMITTEE No …/2017
         of …
         amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
         THE EEA JOINT COMMITTEE,
         Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,
         Whereas:

                     (1)

                     It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the European Union regarding the implementation and development of the single market for financial services.

                     (2)

                     Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2017,

               HAS ADOPTED THIS DECISION:
         Article 1
         In Article 7(11) of Protocol 31 to the EEA Agreement, the words ‘the financial year 2016’ are replaced by the words ‘the financial years 2016 and 2017’.
         Article 2
         This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (*1).
         It shall apply from 1 January 2017.
         Article 3
         This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

            Done at Brussels,

                  For the EEA Joint Committee

                  The President

                  The Secretaries to the EEA Joint Committee

            (*1)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


title: 2008/773/EC: Commission Decision of 2 October 2008 concerning the financial contribution by the Community, for the year 2008, towards a pilot project in the field of health professionals

text:
               3.10.2008

               EN

               Official Journal of the European Union

               L 264/7

      COMMISSION DECISION

   of 2 October 2008
   concerning the financial contribution by the Community, for the year 2008, towards a pilot project in the field of health professionals
   (2008/773/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   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 (1), and in particular Article 49(6)(a) and 75 thereof,
   Having regard to Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 90 thereof,
   Having regard to Council Directive 80/154/EEC of 21 January 1980 concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in midwifery and including measures to facilitate the effective exercise of the right of establishment and freedom to provide services (3) and its subsequent amendments,
   Having regard to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (4).
   Whereas:

               (1)

               The General Budget of the European Union — Financial Year 2008 contains the budgetary line 04 04 11 ‘Pilot project — New employment situation in the health sector: best practices for improving professional training and qualifications of health care workers and their remuneration’.

               (2)

               Article 49(6)(a) of the Financial Regulation provides that appropriations for pilot schemes of an experimental nature designed to test the feasibility of an action and its usefulness may be implemented without a basic act as long as the actions which they are intended to finance fall within the competence of the Community or the Union and the relevant commitment appropriations are entered in the budget for only two successive financial years.

               (3)

               In accordance with Article 75 of Regulation (EC, Euratom) No 1605/2002 and with Article 90 of Regulation (EC, Euratom) No 2342/2002, the commitment of the expenditure shall be preceded by a financing decision which determines the essential elements of an action involving expenditure from the budget.

               (4)

               This action will support the European Commission green paper on EU workforce for health planned for the second half of 2008,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The pilot project referred to in the Annex is approved and shall be financed through the budget line 040411 of the budget of the European Communities for 2008 up to a maximum of EUR 1 000 000.
   The Director-General of Directorate-General for Health and Consumer is in charge of its implementation.

      Done at Brussels, 2 October 2008.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 248, 16.9.2002, p. 1.

      (2)  OJ L 357, 31.12.2002, p. 1.

      (3)  OJ L 33, 11.2.1980, p. 1.

      (4)  OJ L 255, 30.9.2005, p. 22.

      ANNEX
      Domain: health professionals
      Legal basis: Articles 49(6)(a) and 75 of Regulation (EC, Euratom) No 1605/2002.
      Pilot project under budget line: 04 04 11.
      Political objectives: The Budget Authority asks the Commission in its appropriation to fund initiatives which help dealing with the new employment situation in the health sector particularly in relation to professional qualifications and duties carried out by healthcare workers, healthcare-assistants and lower skilled nurses. The measures include:
      analysing factors and policies aimed at better meet the need for measures to increase the supply and to improve the qualification of healthcare staff in the long run,
      Promoting exchange policies and best practices aimed at facing the increase in care consumption due to demographic change,
      Funding initiatives examining the cross border effects on the health services,
      Paying attention to the effects of the different levels of remuneration, which may come out of this context, studies, meetings with experts and information campaign. A solution should also be found to maintain the level of care in the national health systems.
      The tasks of the project are in line with the Commission planned green paper on EU workforce for health which will start a process of detailed consideration of health workforce planning and supply and the impact of health worker mobility within Member States and within the EU.
      Appropriations 2008: Budget line 04 04 11 pilot project: New employment situation in the health sector: best practices for improving professional training and qualification of health care workers and their remuneration. EUR 1 000 000.
      Number of specific actions planned: 4.
      The first one will be a contribution of maximum EUR 100 000 to a study on ‘Healthcare Services, Sectors and Products in Europe Assessment of the Current state, Opportunities, Challenges and Socio-Economic Impact’ launched by Enterprise and Industry DG in cooperation with Health and Consumers DG. The action shall be implemented via an open call for tender. The selection procedure is due to be finalised in September 2008.
      The second one will be a direct grant of maximum EUR 400 000 and 80 % to the WHO Observatory for the organisation of workshops on exchange of best practices on policies to maintain or retain healthcare workforce. As foreseen by Article 168(1)(f) of the detailed rules for the implementation of the Financial Regulation, the grant will be awarded without a call of proposal due to the specific characteristics of this action and the high degree of specialisation of WHO.
      The third one will be a direct grant of maximum EUR 300 000 and 60 % to the OECD for a study assessing the working conditions of nurses and policies to promote a more efficient management of the nurse workforce. As foreseen by Article 168(1)(f) of the detailed rules for the implementation of the Financial Regulation, the grant will be awarded without a call of proposal due to the specific characteristics of this action and the high degree of specialisation of OECD.
      The fourth one will be the organisation of a workshop in Brussels in December 2008 for maximum EUR 200 000. The workshop will be funded through various contracts after the publication of the green paper on EU workforce for health to launch an information campaign, foster the debate and encourage contribution aiming at identifying best practices.


Avis juridique important

|

31983D0369

83/369/EEC: Council Decision of 25 July 1983 adjusting the amounts made available to the European Development Fund (1979) for the ACP States and for the overseas countries and territories (Antigua-and-Barbuda and Belize)

Official Journal L 204 , 28/07/1983 P. 0059 - 0060

*****COUNCIL  DECISION  of 25 July 1983  adjusting the amounts made available to the European Development Fund (1979) for the ACP States and for the overseas countries and territories (Antigua-and-Barbuda and Belize)  (83/369/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the 1979 Internal Agreement on the financing and administration of Community aid (1), hereinafter referred to as the 'Internal Agreement', as amended by Decision 81/558/EEC (2) and Internal Agreement 82/608/EEC (3), and in particular Article 1 (4) thereof,  Having regard to the proposal from the Commission,  Whereas Antigua and Belize, which were formerly associated with the Community under Council Decision 80/1186/EEC of 16 December 1980 on the association of the overseas countries and territories with the European Economic Community (4), gained independence under the names of Antigua-and-Barbuda and Belize respectively and acceded to the second ACP-EEC Convention;  Whereas, in accordance with Article 1 (4) of the Internal Agreement, the amounts laid down for the overseas countries and territories in Article 1 (3) (b) of the said Agreement should be reduced and the amounts laid down for the ACP States in Article 1 (3) (a) should be correspondingly increased;  Whereas account should be taken of Decision 81/558/EEC, adopted between the signature and the entry into force of Internal Agreement 82/608/EEC, and each of the amounts laid down in Article 1 (3) (a) first and third lines of the Internal Agreement should be increased by 10 million ECU,  HAS DECIDED AS FOLLOWS:  Article 1  Article 1 (3) of the Internal Agreement is hereby replaced by the following:  '3. The amount stated in paragraph 2 shall be allocated as follows:  (a) 4 645,2 million ECU for the ACP States, comprising:  - 2 997,7 million ECU in the form of grants,  - 524,5 million ECU in the form of special loans,  - 284 million ECU in the form of risk capital,  - 557 million ECU in the form of transfers pursuant to Title II, Chapter 1 of the Convention,  - 282 million ECU in the form of the special financing facility pursuant to Title III, Chapter 1 of the Convention;  (b) 66,8 million ECU for the countries and territories, comprising:  - 39,3 million ECU in the form of grants,  - 20,5 million ECU in the form of special loans,  - 7 million ECU in the form of risk capital,  - (for the record) in the form of the special financing facility pursuant to the provisions of the Decision relating to mining products;  (c) 9 million ECU in the form of transfers for the countries and territories, pursuant to those provisions of the Decision which concern the system for stabilizing export earnings.'  Article 2  This Decision shall apply from 1 July 1983.  Done at Brussels, 25 July 1983.  For the Council  The President  C. SIMITIS  (1) OJ No L 347, 22. 12. 1980, p. 210.  (2) OJ No L 203, 23. 7. 1981, p. 47.  (3) OJ No L 247, 23. 8. 1982, p. 26.  (4) OJ No L 361, 31. 12. 1980, p. 1.


title: Council Decision (EU) 2016/1124 of 24 June 2016 on the position to be taken by the Member States on behalf of the European Union within the Permanent Commission of Eurocontrol as regards the decisions to be adopted on centralised services

text:
               12.7.2016

               EN

               Official Journal of the European Union

               L 187/13

         COUNCIL DECISION (EU) 2016/1124
   of 24 June 2016
   on the position to be taken by the Member States on behalf of the European Union within the Permanent Commission of Eurocontrol as regards the decisions to be adopted on centralised services
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Council Decision (EU) 2015/2394 (1) established a Union position in respect of a decision on centralised services that was planned to be taken by the Permanent Commission of Eurocontrol (‘the Permanent Commission’) on 9 December 2015. The purpose of that decision on centralised services was to allow Eurocontrol to develop financing, procurement arrangements and technical specifications with a view to timely deploying a new ‘European Air/Ground Data Communication Services’ (‘EAGDCS’).

               (2)

               The position established in Decision (EU) 2015/2394 was that a decision on centralised services by the Permanent Commission had to be postponed because the Union was not in possession of sufficient information to evaluate the substance of such decision on centralised services and because it could have prejudged future activity conducted by Eurocontrol in a manner that would have been detrimental to the Union's activity in that field.

               (3)

               On 9 December 2015, due to the Union's position established in Decision (EU) 2015/2394, the Permanent Commission did not take a decision on EAGDCS and asked the Eurocontrol Agency to continue working on a revised proposal in close cooperation with the industry stakeholders and to provide an assessment of the economic costs of EAGDCS.

               (4)

               The Eurocontrol Agency and industry stakeholders presented on 9 February 2016 a revised and commonly supported proposal on EAGDCS, and the Eurocontrol Agency ensured the full availability of the assessment of economic costs through existing feasibility studies.

               (5)

               The Eurocontrol Agency proposed on 6 April 2016 to the Permanent Commission to adopt the decision based on the proposal on EAGDCS in a written procedure.

               (6)

               That decision concerns the development of EAGDCS. It has legal effects since it governs areas covered by Union law and, depending on its content, may have concrete effects on those areas. It may affect the benefits flowing from the technical work on data link services performed by the SESAR Joint Undertaking, the risk of mismatches in the area of certification and oversight, given the role of the European Aviation Safety Agency (‘EASA’) in that area, and thus the risk of ineffective spending of funds stemming from route charges and Union support, as well as the cost-efficiency of relevant deployment activities to be conducted by the Union in the context of the SESAR project.

               (7)

               Given the advantages that can be expected from the development of technical solutions, such as a demonstrator, the decision favouring the relevant collaboration should be supported in principle. However, the decision should contain conditions safeguarding the Union's interests on the points referred to above.

               (8)

               It is appropriate to establish the position to be taken by the Member States on the Union's behalf within the Permanent Commission with regard to the decisions on centralised services to be adopted by that Commission,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the Member States on behalf of the Union within the Permanent Commission of Eurocontrol shall be the following:

               as regards the proposal of 6 April 2016 sent out by the Eurocontrol Agency, the Union's position is to support the Eurocontrol Agency's continued collaboration with Air Navigation Service Providers and, where appropriate, with aircraft operators of the Member States of Eurocontrol in the context of the SESAR project, including the development of the necessary Governance, Financing and Procurement arrangements, and to develop technical specifications with a view to timely deploying the European Air/Ground Data Communication Services (EAGDCS). The above arrangements and technical solutions will be submitted to the Provisional Council/Permanent Commission for information and before proceeding to any possible procurement. This should also be based on evidence of the technical and operational feasibility and the development of a comprehensive economic impact assessment.

         The decision to be adopted within the Permanent Commission shall ensure that:

               —

               the outcome of the technical work on data link performed by the SESAR Joint Undertaking is fully taken into account,

               —

               the activities covered by that decision are conducted in cooperation with EASA in so far as that decision concerns EASA's preparatory work for future certification and oversight of EAGDCS,

               —

               it remains without prejudice to the deployment and operation of EAGDCS, as well as the procurement thereof, which shall be subject to further decisions by the Member States of the Eurocontrol,

               —

               the activities covered by that decision are based on agreement with Air Navigation Service Providers, and

               —

               financing and procurement arrangements, as well as technical specifications remain without prejudice to any investment and associated costs already incurred by the Union Member State Air Navigation Service Providers and aircraft operators in compliance with the requirements of Commission Regulation (EC) No 29/2009 (2).

         The Member States shall act jointly in the interest of the Union.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 24 June 2016.

            For the Council

            The President

         A.G. KOENDERS

      (1)  Council Decision (EU) 2015/2394 of 8 December 2015 on the position to be taken by the Member States on behalf of the European Union, concerning the decisions to be adopted by the Permanent Commission of Eurocontrol, with regard to the roles and tasks of Eurocontrol and on centralised services (OJ L 332, 18.12.2015, p. 136).

      (2)  Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the single European sky (OJ L 13, 17.1.2009, p. 3).