Avis juridique important

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31998D0331

98/331/EC: European Parliament Decision of 31 March 1998 giving discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the 1996 financial year

Official Journal L 146 , 16/05/1998 P. 0030 - 0031

EUROPEAN PARLIAMENT DECISION of 31 March 1998 giving discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the 1996 financial year (98/331/EC)THE EUROPEAN PARLIAMENT,- Having regard to the EC Treaty and in particular Article 206 thereof,- Having regard to the statement of accounts of the European Foundation for the Improvement of Living and Working Conditions and the report of the Court of Auditors on this subject (C4-0052/98) (1),- Having regard to the Council Recommendation of 9 March 1998 (C4-0165/98),- Having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A4-0092/98),A. Whereas the Court of Auditors finds that the financial statements for the financial year ended 31 December 1996 are reliable and the underlying transactions are, as a whole, legal and regular,1. Notes the following figures for the accounts of the European Foundation for the Improvement of Living and Working Conditions:>TABLE>2. Expects that, by the time the 1997 discharge Decision falls due, the remaining technical problems affecting the separation of duties between the authorising officer and the accounting officer will have been resolved;3. Calls on the management boards of the Foundation for the Improvement of Living and Working Conditions and the European Agency for Safety and Health at Work, swiftly to adopt their Memorandum of Understanding in order to establish structured cooperation between them; as soon as this Memorandum is adopted, expects the directors of these two bodies to present it to its Committees on Employment and Social Affairs, on Budgetary Control and on Budgets;4. Draws the Court's attention to the fact that coordination with Directorate F is now primarily a matter for the European Agency for Safety and Health at Work, not the Foundation for the Improvement of Living and Working Conditions;5. Points out that the Foundation exists to advise all EU Institutions, including the European Parliament; expects all Institutions to be allowed the opportunity to provide a timely input into the Foundation's work programme, in order to ensure that the Foundation's work is relevant for their agendas;6. Gives discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the 1996 financial year, on the basis of the report of the Court of Auditors;7. Instructs its President to forward this Decision to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions, the Council, the Commission and the Court of Auditors and to have it published in the Official Journal of the European Communities (L series).The Secretary-GeneralJulian PRIESTLEYThe PresidentJosé María GIL-ROBLES(1) OJ C 393, 29. 12. 1997, p. 10.


title: 2008/797/EC: Council Decision of 25 September 2008 on the signing and provisional application of the Agreement between the European Community and the Government of the Republic of India on certain aspects of air services

text:
               15.10.2008

               EN

               Official Journal of the European Union

               L 273/7

         COUNCIL DECISION
   of 25 September 2008
   on the signing and provisional application of the Agreement between the European Community and the Government of the Republic of India on certain aspects of air services
   (2008/797/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               In its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               On behalf of the Community, the Commission has negotiated an Agreement with the Government of the Republic of India on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003 authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               Subject to its possible conclusion at a later date, the Agreement negotiated by the Commission should be signed and provisionally applied,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Government of the Republic of India on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the parties have notified each other of the completion of the necessary procedures for this purpose (1).
   Article 4
   The President of the Council is hereby authorised to make the notification provided for in Article 7(2) of the Agreement.

      Done at Brussels, 25 September 2008.

            For the Council

            The President

         L. CHATEL

      (1)  The date from which the Agreement will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               15.10.2008

               EN

               Official Journal of the European Union

               L 273/9

         AGREEMENT
   between the European Community and the Government of the Republic of India on certain aspects of air services
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE REPUBLIC OF INDIA,
   of the other part
   (hereinafter referred to as the Parties)
   NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and the Republic of India containing provisions contrary to Community law,
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the European Community and the Republic of India, must be brought into conformity with European Community law in order to establish a sound legal basis for air services between the European Community and the Republic of India and to preserve the continuity of such air services,
   NOTING that under European Community law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the European Community and which have as their object or effect the prevention, restriction or distortion of competition,
   RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the European Community and the Republic of India which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes, may render ineffective the application of the competition rules applicable to undertakings,
   RECOGNISING that where a Member State has designated an air carrier whose regulatory control with regard to safety oversight is exercised and maintained by another Member State, the rights of the Republic of India under the safety provisions of the agreement between the Member State that has designated the carrier and the Republic of India shall apply equally in relation to that other Member State,
   NOTING that the bilateral air services agreements listed in Annex I are based on the general principle that the designated airlines of the parties shall have fair and equal opportunities in operating the agreed services on the specified routes,
   NOTING that it is not a purpose of this agreement, to increase the total volume of air traffic between the European Community and the Republic of India, to affect the balance between Community air carriers and air carriers of the Republic of India, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General Provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
   2.   References in each of the agreements listed in Annex I to nationals of the Member State that is a party to that agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   4.   The granting of traffic rights will continue to be carried out through bilateral arrangements.
   Article 2
   Designation by a Member State
   1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the Articles listed in Annex II(a) and (b), respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by the Republic of India, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, the Republic of India shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established in the territory of the designating Member State under the Treaty establishing the European Community and has a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier is owned and shall continue to be owned directly or through majority ownership by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states, and shall at all times be effectively controlled by such states and/or such nationals.

         3.   The Republic of India may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established in the territory of the designating Member State under the Treaty establishing the European Community or does not have a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operator’s Certificate, or the relevant aeronautical authority is not clearly identified in the designation;

               (iii)

               the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states;

               (iv)

               the air carrier is already authorised to operate under a bilateral agreement between the Republic of India and another Member State and by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, it would be circumventing restrictions on the traffic rights imposed by that other agreement; or

               (v)

               the air carrier designated holds an Air Operator’s Certificate issued by a Member State with which the Republic of India does not have a bilateral air services agreement and that Member State has denied traffic rights to the Republic of India.

         In exercising its right under this paragraph, the Republic of India shall not discriminate between European Community air carriers on the grounds of nationality.
   Article 3
   Safety
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding Articles listed in Annex II(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of the Republic of India under the safety provisions of the agreement between the Member State that has designated the air carrier and the Republic of India shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Compatibility with competition rules
   1.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex I shall (i) favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition; (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.
   2.   The provisions contained in the agreements listed in Annex I that are incompatible with paragraph 1 of this Article shall not be applied.
   Article 5
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 6
   Review, revision or amendment
   The Parties may, at any time, review, revise or amend this Agreement by mutual consent.
   Article 7
   Entry into force and provisional application
   1.   This Agreement shall enter in force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   Agreements and other arrangements between Member States and the Republic of India which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
   Article 8
   Termination
   1.   In the event that an agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Marseille in duplicate, on this twenty-eighth day of September two thousand and eight in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Hindi languages.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen

         За правителството на Република Индия
         Por el Gobierno de la República de la India
         Za vládu Indické republiky
         For regeringen for Republikken Indien
         Für die Regierung der Republik Indien
         India Vabariigi valitsuse nimel
         Για την κυβέρνηση της Δημοκρατίας της Ινδίας
         For the Government of the Republic of India
         Pour le gouvernement de la République de l'Inde
         Per il governo della Repubblica dell'India
         Indijas Republikas valdības vārdā
         Indijos Respublikos Vyriausybės vardu
         Az Indiai Köztársaság kormánya részéről
         Għall-Gvern tar-Repubblika ta' l-Indja
         Voor de Regering van de Republiek India
         W imieniu Rządu Republiki Indii
         Pelo Governo da Repúblika da Índia
         Pentru Guvernul Republicii India
         Za vládu Indickej republiky
         Za Vlado Republike Indije
         Intian tasavallan hallituksen puolesta
         För Republiken Indiens regering

   ANNEX I
   List of agreements referred to in Article 1 of this Agreement

               (a)

               Air service agreements between the Government of India and Member States of the European Community as they may have been amended, modified or supplemented, which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally

                           —

                           Agreement between the Austrian Federal Government and the Government of India relating to Air Services signed at New Delhi on 26 October 1989,

                           —

                           Agreement between the Government of the Kingdom of Belgium and the Government of India relating to Air Services signed at New Delhi on 6 April 1967,

                           —

                           Agreement between the Government of the Republic of Bulgaria and the Government of the Republic of India relating to air services done at New Delhi on 16 June 1992,

                           —

                           Agreement between the Government of the Republic of Cyprus and the Government of India relating to air services done at Nicosia on 18 December 2000,

                           —

                           Air Transport Agreement between the Government of the Czech Republic and the Government of the Republic of India signed at Delhi on 16 October 1997,

                           —

                           Agreement between the Government of the Kingdom of Denmark and the Government of India relating to Air Services signed at New Delhi on 19 December 1995,

                           —

                           Air Services Agreement between the Government of the Republic of Finland and the Government of India signed at New Delhi on 18 July 1995,

                           —

                           Agreement between the Government of the French Republic and the Government of India relating to Air Services signed at New Delhi on 16 July 1947,

                           —

                           Agreement between the Federal Republic of Germany and the Government of India relating to Air Services signed at New Delhi on 31 May 1963,

                           —

                           Agreement between the Government of the Hungarian People’s Republic and the Government of India relating to Air Services signed at New Delhi on 23 February 1966,

                           —

                           Air Transport Agreement between the Government of Ireland and the Government of India signed at New Delhi on 20 February 1991,

                           —

                           Agreement between the Government of Italy and the Government of India relating to Air Services signed at Rome on 16 July 1959,

                           —

                           Agreement between the Government of the Republic of Latvia and the Government of the Republic of India relating to Air Services signed at New Delhi on 20 October 1997,

                           —

                           Agreement between the Government of the Republic of Lithuania and the Government of the Republic of India relating to Air Services signed at New Delhi on 20 February 2001,

                           —

                           Agreement between the Government of the Grand Duchy of Luxembourg and the Government of the Republic of India relating to air services signed in New Delhi on 8 January 2001,

                           —

                           Agreement between the Government of the Republic of Malta and the Government of India relating to Air Services signed at Malta on 5 October 1998,

                           —

                           Agreement between the Government of the Netherlands and the Government of India relating to Air Services signed at New Delhi on 24 May 1951,

                           —

                           Agreement between the Government of the Polish People’s Republic and the Government of the Republic of India relating to Air Services signed at New Delhi on 25 January 1977,

                           —

                           Air Services Agreement between the Government of the Republic of Portugal and the Government of the Republic of India signed at New Delhi on 6 February 1997,

                           —

                           Air Services Agreement between the Government of Romania and the Government of India done at New Delhi on 4 December 1993,

                           —

                           Agreement between the Government of the Slovak Republic and the Government of India relating to Scheduled Air Services signed at Bratislava on 9 October 1996,

                           —

                           Agreement between the Government of the Republic of Slovenia and the Government of India relating to Scheduled Air Services signed at New Delhi on 16 February 2004,

                           —

                           Air Transport Agreement between the Government of Spain and the Government of the Republic of India signed at New Delhi on 10 April 1987,

                           —

                           Agreement between the Government of the Kingdom of Sweden and the Government of India relating to Air Services signed at New Delhi on 19 December 1995,

                           —

                           Air Services Agreement between the Government of the Republic of India and the Government of the United Kingdom of Great Britain and Northern Ireland signed at New Delhi on 8 September 2005;

               (b)

               Air service agreements and other arrangements initialled or signed between the Government of India and Member States of the European Community as they may have been amended, modified or supplemented, which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally

                           —

                           Air Transport Agreement between the Government of the Hellenic Republic and the Government of the Republic of India initialled at Athens on 23 October 1997.

         ANNEX II
   List of articles in the agreements listed in Annex I and referred to in Articles 2 and 3 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 3, of the India — Austria Agreement,

                           —

                           Article 3, paragraphs 1 to 5, of the India — Belgium Agreement,

                           —

                           Article III of the India — Bulgaria Agreement,

                           —

                           Article 3, of the India — Cyprus Agreement,

                           —

                           Article 3, of the India — Czech Republic Agreement,

                           —

                           Article 3, of the India — Denmark Agreement,

                           —

                           Article 3, of the India — Finland Agreement,

                           —

                           Article 2, of the India — France Agreement,

                           —

                           Article III, of the India — Germany Agreement,

                           —

                           Article 3, of the India — Greece Agreement,

                           —

                           Article 3, of the India — Hungary Agreement,

                           —

                           Article 3, of the India — Ireland Agreement,

                           —

                           Article IV, of the India — Italy Agreement,

                           —

                           Article 3, of the India — Latvia Agreement,

                           —

                           Article 3, of the India — Lithuania Agreement,

                           —

                           Article 3, of the India — Luxembourg Agreement,

                           —

                           Article 3, of the India — Malta Agreement,

                           —

                           Article 2, of the India — Netherlands Agreement,

                           —

                           Article IV, of the India — Poland Agreement,

                           —

                           Article 3, of the India — Portugal Agreement,

                           —

                           Article 3, of the India — Romania Agreement,

                           —

                           Article 3, of the India — Slovakia Agreement,

                           —

                           Article 3, of the India — Slovenia Agreement,

                           —

                           Article II, of the India — Spain Agreement,

                           —

                           Article 3, of the India — Sweden Agreement,

                           —

                           Article 4, of the India — United Kingdom Agreement;

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 4, of the India — Austria Agreement,

                           —

                           Article 3, paragraph 6, of the India — Belgium Agreement,

                           —

                           Article IV of the India — Bulgaria Agreement,

                           —

                           Article 4, of the India — Cyprus Agreement,

                           —

                           Article 4, of the India — Czech Republic Agreement,

                           —

                           Article 4, of the India — Denmark Agreement,

                           —

                           Article 4, of the India — Finland Agreement,

                           —

                           Article 9, of the India — France Agreement,

                           —

                           Article IV, of the India — Germany Agreement,

                           —

                           Article 4, of the India — Greece Agreement,

                           —

                           Article 4, of the India — Hungary Agreement,

                           —

                           Article 4, of the India — Ireland Agreement,

                           —

                           Article IV, paragraphs 4 to 6, of the India — Italy Agreement,

                           —

                           Article 4, of the India — Latvia Agreement,

                           —

                           Article 4, of the India — Lithuania Agreement,

                           —

                           Article 4, of the India — Luxembourg Agreement,

                           —

                           Article 4, of the India — Malta Agreement,

                           —

                           Article 8, of the India — Netherlands Agreement,

                           —

                           Article V, of the India — Poland Agreement,

                           —

                           Article 4, of the India — Portugal Agreement,

                           —

                           Article 4, of the India — Romania Agreement,

                           —

                           Article 4, of the India — Slovakia Agreement,

                           —

                           Article 4, of the India — Slovenia Agreement,

                           —

                           Article IV, of the India — Spain Agreement,

                           —

                           Article 4, of the India — Sweden Agreement,

                           —

                           Article 5, of the India — United Kingdom Agreement;

               (c)

               Safety:

                           —

                           The safety article agreed between India and Denmark on 30 November 2006,

                           —

                           The safety article agreed between India and Finland on 18 May 2006,

                           —

                           Appendix C, of the India — Greece Agreement,

                           —

                           Article XI, of the India — Spain Agreement,

                           —

                           The safety article agreed between India and Sweden on 30 November 2006,

                           —

                           Article 7, of the India — United Kingdom Agreement.

         ANNEX III
   List of other states referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


title: 2007/513/Euratom: Council Decision of 10 July 2007 approving the accession of the European Atomic Energy Community to the amended Convention on the Physical Protection of Nuclear Material and Nuclear Facilities -  Declaration by the European Atomic Energy Community according to Articles 18(4) and 17(3) of the CPPNM

text:
               21.7.2007

               EN

               Official Journal of the European Union

               L 190/12

      COUNCIL DECISION

   of 10 July 2007
   approving the accession of the European Atomic Energy Community to the amended Convention on the Physical Protection of Nuclear Material and Nuclear Facilities
   (2007/513/Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Article 2(e) of the Treaty establishing the European Atomic Energy Community (Euratom Treaty) states that the European Atomic Energy Community (the Community) shall make certain, by appropriate supervision, that nuclear materials are not diverted to purposes other than those for which they are intended.

               (2)

               The Convention on the Physical Protection of Nuclear Material (CPPNM) was adopted in 1979 and entered into force in 1987. As of 27 June 2006, 118 States and the Community were parties to the CPPNM. All the Member States are Parties to the CPPNM.

               (3)

               An Amendment Conference in accordance with Article 20 of the CPPNM was convened on 4 July 2005 under the auspices of the IAEA. The final act regarding the amendments to the CPPNM was signed by the Commission on behalf of the Community on 8 July 2005.

               (4)

               The Court of Justice of the European Communities (Court of Justice) (1) decided that the participation of the Member States in the CPPNM is compatible with the provisions of the Euratom Treaty only subject to the conditions that, in so far as its own powers and jurisdiction are concerned, the Community as such is a party to the CPPNM on the same lines as the Member States and that certain commitments of the CPPNM can only be implemented, where the Community is concerned, by means of close association between the Community and the Member States, both in the negotiation and conclusion process and in fulfilment of the commitments assumed.

               (5)

               The Court of Justice confirmed further that Article 2(e) of the Euratom Treaty gives the Community the task of making certain, by appropriate supervision, that nuclear materials are not diverted to purposes other than those for which they are intended, without making any distinction with regard to the nature of such diversions and the circumstances in which they might take place and finally that the very expression ‘safeguards’ which the Treaty uses to characterize the provisions of chapter VII has a wider scope than the mere substitution of a different destination for the one declared by a user of nuclear materials. Consequently, according to the Court of Justice, it includes also measures of physical protection (2). The Court of Justice also stated in its Ruling 1/78 that provisions related to criminal prosecution and extradition relate to matters falling within the jurisdiction of the Member States (3).

               (6)

               According to Article 18(4) of the CPPNM, when becoming party to the Convention the Community must communicate to the depositary a declaration indicating which articles of the CPPNM do not apply to it. That declaration is attached to this Decision.

               (7)

               Article 7 of the CPPNM requires each party to make certain offences punishable by appropriate penalties which take into account their grave nature. It is understood that this provision leaves to the parties the choice of the nature, type and level of the penalties to be adopted. In particular, it does not require that the parties make the conducts described therein punishable by criminal penalties. Consequently, Article 7 applies to the Community, at least to some extent.

               (8)

               Therefore the accession of the Community to the amended CPPNM should be approved,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The accession of the European Atomic Energy Community to the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities, as amended by the Final Act signed on 8 July 2005, is hereby approved.
   The texts of the amended Convention and of the declaration by the Community according to Articles 18(4) and 17(3) of the Convention are attached to this Decision.

      Done at Brussels, 10 July 2007.

            For the Council

            The President

         F. TEIXEIRA DOS SANTOS

      (1)  Ruling 1/78 of 14 November 1978, ECR 1978, p. 2151, in particular First operative part of the Ruling and paragraph 34.

      (2)  Paragraph 21.

      (3)  Paragraph 31.

      Declaration by the European Atomic Energy Community according to Articles 18(4) and 17(3) of the CPPNM
      The following States are presently members of the European Atomic Energy Community: the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland.
      The Community declares that Articles 8 to 13 and Article 14, paragraphs (2) and (3) of the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities do not apply to it.
      Furthermore, pursuant to Article 17(3) of that Convention, the Community also declares that since only States may be parties in cases before the International Court of Justice, the Community is bound only by the arbitration procedure referred to in 17(2).


Avis juridique important

|

32000D0029

2000/29/EC: Council Decision of 28 June 1999 on the conclusion of the Agreement with the Republic of Iceland and the Kindom of Norway on the establishment of rights and obligations between Ireland and the United Kingdom of Great Britain and Northern Ireland, on the one hand, and the Republic of Iceland and the Kingdom of Norway, on the other, in areas of the Schengen acquis which apply to these States

Official Journal L 015 , 20/01/2000 P. 0001 - 0001

COUNCIL DECISIONof 28 June 1999on the conclusion of the Agreement with the Republic of Iceland and the Kindom of Norway on the establishment of rights and obligations between Ireland and the United Kingdom of Great Britain and Northern Ireland, on the one hand, and the Republic of Iceland and the Kingdom of Norway, on the other, in areas of the Schengen acquis which apply to these States(2000/29/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Article 6(2) of the Protocol, annexed by the Treaty of Amsterdam to the Treaty on the European Union and to the Treaty establishing the European Community integrating the Schengen acquis into the framework of the European Union,HAS DECIDED AS FOLLOWS:Sole ArticleThe Agreement with the Republic of Iceland and the Kingdom of Norway on the establishment of rights and obligations between Ireland and the United Kingdom of Great Britain and Northern Ireland, on the one hand, and the Republic of Iceland and the Kingdom of Norway, on the other, in areas of the Schengen acquis which apply to these States is hereby approved.The text of the Agreement is attached to this Decision.Done at Luxembourg, 28 June 1999.For the CouncilThe PresidentM. NAUMANN


title: Decision (EU) 2016/1578 of the European Parliament of 28 April 2016 on the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/381

         DECISION (EU) 2016/1578 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2014, together with the Agency’s reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0079/2016),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (4), and in particular Article 30 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

               having regard to Rule 94 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0115/2016),

               1.

               Notes that the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union are as annexed to the Court of Auditors’ report;

               2.

               Approves the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2014;

               3.

               Instructs its President to forward this decision to the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 342.

      (2)  See footnote 1.

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

      (4)  OJ L 349, 25.11.2004, p. 1.

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

      (6)  OJ L 328, 7.12.2013, p. 42.


Avis juridique important

|

31986D0223

86/223/EEC: Council Decision of 3 June 1986 concerning the conclusion of the exchange of letters relating to clause 2 of the Arrangement between the European Economic Community and the Eastern Republic of Uruguay on trade in mutton and lamb

Official Journal L 155 , 10/06/1986 P. 0011

*****COUNCIL  DECISION  of 3 June 1986  concerning the conclusion of the exchange of letters relating to clause 2 of the Arrangement between the European Economic Community and the Eastern Republic of Uruguay on trade in mutton and lamb  (86/223/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas under the voluntary restraint arrangement concluded with the European Economic Community on trade in mutton and lamb (1), Uruguay undertook to restrict its exports to certain Community markets considered to be sensitive areas;  Whereas this undertaking expired on 31 March 1985, but there has been no change in the circumstances which caused these areas to be recognized as sensitive and the period of validity of the provisions concerning this restriction of exports to those areas should therefore be extended;  Whereas the Commission has conducted negotiations in this connection with Uruguay which have resulted in an agreement,  HAS DECIDED AS FOLLOWS:  Article 1  The exchange of letters concerning clause 2 of the Arrangement between the European Economic Community and the Eastern Republic of Uruguay on trade in mutton and lamb is hereby approved on behalf of the Community.  The text of the exchange of letters is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the exchange of letters referred to in Article 1 in order to bind the Community.  Done at Luxembourg, 3 June 1986.  For the Council  The President  G.M.V. van AARDENNE  (1) OJ No L 275, 18. 10. 1980, p. 37.


title: 2008/778/EC: Council Decision of 2 October 2008 appointing an Austrian member and alternate member of the Committee of the Regions

text:
               8.10.2008

               EN

               Official Journal of the European Union

               L 267/30

      COUNCIL DECISION

   of 2 October 2008
   appointing an Austrian member and alternate member of the Committee of the Regions
   (2008/778/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Austrian Government,
   Whereas:

               (1)

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

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the expiry of the mandate of Dr Herwig VAN STAA. An alternate members’ seat has become vacant following the expiry of the mandate of Ms Elisabeth ZANON,

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

               (a)

               as a member:
               Dr Herwig VAN STAA, Präsident des Tiroler Landtages.

               (b)

               as an alternate member:
               Mr Günther PLATTER, Landeshauptmann, Tirol.

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

      Done at Luxembourg, 2 October 2008.

            For the Council

            The President

         X. BERTRAND

      (1)  OJ L 56, 25.2.2006, p. 75.


title: Council Decision of 30 January 1975 on the conclusion of the Agreement between the European Economic Community and the International Committee of the Red Cross on the supply of cereals, butteroil and skimmed-milk powder as food aid

text:
No L 75 /6                             Official Journal of the European Communities                             24. 3 . 75
                                                   COUNCIL DECISION
                                                    of 30 January 1975
               on the conclusion of the Agreement between the European Economic Community and
              the International Committee of the Red Cross on the supply of cereals, butteroil and
                                            skimmed-milk powder as food aid
                                                        (75 / 176/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas for the same emergency programmes to be
                                                                   decided upon in pursuance of the Agreement
Having regard to the Treaty establishing the                       envisaged, the Community should decide as soon as
European Economic Community, and in particular                     possible on the most appropriate arrangements for
Articles 113 , 114 and 228 thereof;                                delivery,
Having regard to the recommendation from the
Commission ;                                                       HAS DECIDED AS FOLLOWS :
Whereas the European Economic Community has                                                Article 1
concluded the 1971 Food Aid Convention;
                                                                   On behalf of the Community, the Agreement
Whereas the International Committee of the Red                     between the European Economic Community and
Cross has made known its requirements in cereal                    the International Committee of the Red Cross on the
products for humanitarian programmes and whereas                   supply of cereals, butteroil and skimmed-milk
a quantity of foodstuffs equivalent to 15 000 metric               powder as food aid is hereby concluded.
tons of cereals should be placed at its disposal for
this purpose ;                                                     The text of the Agreement is annexed to this
                                                                   Decision .
Whereas in Council Regulation (EEC) No 530/74 (*)
                                                                                Article 2  ■
of 4 March 1974 laying down general rules for the
supply of milk fats as food aid to certain developing
countries and certain international organizations, it              The approval provided for in the third paragraph of
was decided to make available to the International                 Article IV and in the second paragraph of Article X
Committee of the Red Cross 1 000 metric tons of                    of the Agreement referred to in Article 1 is given by
                                                                   the Commission .
butteroil ;
                                                                                Article 3
Whereas in Council Regulation (EEC) No 1826/
74 (2) of 11 July 1974 laying down the general rules               Under the third paragraph of Article IV of the
for the supply of skimmed-milk powder as food aid                  Agreement referred to in Article 1 , the approval
to certain developing countries and international                  provided for in the second paragraph of the same
organizations, 3 000 metric tons of this product were              Article is given by the Commission.
made available to the International Committee of the
Red Cross ;
                                                                                Article 4
Whereas concerning emergency programmes to be
decided upon in implementation of the Agreement                    The President of the Council is hereby authorized to
envisaged, the Community's approval should be                      nominate the persons entitled to sign the Agreement
given to the International Committee of the Red                    and confer on them the powers necessary to bind the
Cross as soon as possible; whereas it may prove                    Community.
necessary to reply very rapidly to any requests for
adaptation which might be made by the above                        Done at Brussels, 30 January 1975.
Committee during the implementation of the said
Agreement ;                                                                                For the Council
                                                                                The President
(J ) OJ No L 65, 7. 3 . 1974, p . 1 .
(2) OJ No L 190, 13 . 7. 1974, p . 20.                                                          G. FITZGERALD


/* Decision on the replacement of a member of the Advisory Committee of the Euratom Supply Agency */


title: 2006/661/EC: Commission Decision of 29 September 2006 as regards a Community financial contribution for the year 2006, to new Community reference laboratories in the food and feed control area (notified under document number C(2006) 4277)

text:
               3.10.2006

               EN

               Official Journal of the European Union

               L 272/18

      COMMISSION DECISION

   of 29 September 2006
   as regards a Community financial contribution for the year 2006, to new Community reference laboratories in the food and feed control area
   (notified under document number C(2006) 4277)
   (Only the texts in Spanish, Danish, German, English, French, Italian, Dutch and Swedish are authentic)
   (2006/661/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular Article 32(7) thereof,
   Whereas:

               (1)

               Community reference laboratories in the food and feed control area may be granted a Community financial contribution in accordance with Article 28 of Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (2).

               (2)

               Commission Regulation (EC) No 156/2004 of 29 January 2004 on the Community’s financial assistance to Community reference laboratories pursuant to Article 28 of Decision 90/424/EEC (3) provides that the financial contribution from the Community is to be granted if the approved work programmes are efficiently carried out and that the beneficiaries supply all the necessary information within certain time limits.

               (3)

               In July 2005 the Commission launched a call for the selection and designation of new Community reference laboratories in the food and feed control area. The evaluation of the applications was completed in December 2005 and the results were notified to the competent authorities of the Member States concerned. Following that evaluation the successful candidates were selected to be designated as new Community reference laboratories.

               (4)

               Commission Regulation (EC) No 776/2006 of 23 May 2006 amending Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards Community reference laboratories (4) designated new Community reference laboratories in the following areas: Listeria monocytogenes, Coagulase positive Staphylococci, Escherichia coli, including Verotoxigenic E. coli (VTEC), Campylobacter, parasites (in particular Trichinella, Echinococcus, Anisakis), antimicrobial resistance, animal proteins in feedingstuffs, residues of pesticides (food of animal origin and commodities with high fat content, cereals and feedingstuffs, fruits and vegetables including commodities with high water and high acid content, and single residue methods for all previously mentioned matrixes), and dioxins and PCBs in food and feed.

               (5)

               The Commission has assessed the work programmes and corresponding budget estimates submitted by the new designated Community reference laboratories for the year 2006.

               (6)

               Accordingly, a Community financial contribution should be granted to the Community reference laboratories designated to carry out the functions and duties provided for in Regulation (EC) No 882/2004. The Community’s financial contribution should be at the rate of 100 % of eligible costs as defined in Regulation (EC) No 156/2004.

               (7)

               In addition to the financial contribution from the Community, a further contribution should be granted for the organisation of workshops in areas falling under the responsibility of the Community reference laboratories.

               (8)

               A financial contribution for workshops organised by Community reference laboratories should comply with the eligibility rules laid down in Regulation (EC) No 156/2004 and be limited to 30 participants.

               (9)

               Pursuant to Article 3(2)(a) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (5), veterinary and plant health measures are financed under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund.

               (10)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The Community grants a financial contribution to France for the functions and duties provided for in Article 32 of Regulation (EC) No 882/2004, to be carried out by the Laboratoire d'études et de recherches sur la qualité des aliments et sur les procédés agroalimentaires (LERQAP), Maisons-Alfort, France, in respect of analysis and testing of Listeria monocytogenes. contribution.
   For the period from 1 July 2006 to 31 December 2006, that financial contribution shall not exceed 98 000 EUR.
   2.   In addition to the maximum amount provided for in paragraph 1, the Community grants financial contribution to France for the organisation of a workshop by the laboratory referred to in paragraph 1. That contribution shall not exceed 30 000 EUR.
   Article 2
   1.   The Community grants financial contribution to France for the functions and duties provided for in Article 32 of Regulation (EC) No 882/2004, to be carried out by the the Laboratoire d'études et de recherches sur la qualité des aliments et sur les procédés agroalimentaires (LERQAP), Maisons-Alfort, France, in respect of analysis and testing of Coagulase positive Staphylococci, including Staphylococccus aureus.
   For the period from 1 July 2006 to 31 December 2006, that financial contribution shall not exceed 66 000 EUR.
   2.   In addition to the maximum amount provided for in paragraph 1, the Community grants financial contribution to France for the organisation of a workshop by the laboratory referred to in paragraph 1. That contribution shall not exceed 30 000 EUR.
   Article 3
   1.   The Community grants financial contribution to Italy for the functions and duties provided for in Article 32 of Regulation (EC) No 882/2004, to be carried out by the Istituto Superiore di Sanità (ISS), Rome, Italy, in respect of analysis and testing of Escherichia coli, including Verotoxigenic E. Coli (VTEC).
   For the period from 1 July 2006 to 31 December 2006, that financial contribution shall not exceed EUR 68 000.
   2.   In addition to the maximum amount provided for in paragraph 1, the Community grants financial contribution to Italy for the organisation of a workshop by the laboratory referred to in paragraph 1. That contribution shall not exceed EUR 30 000.
   Article 4
   1.   The Community grants financial contribution to Sweden for the functions and duties provided for in Article 32 of Regulation (EC) No 882/2004, to be carried out by the Statens Veterinärmedicinska Anstalt (SVA), Uppsala, Sweden, for the monitoring of Campylobacter.
   For the period from 1 July 2006 to 31 December 2006, that financial contribution shall not exceed 118 000 EUR.
   2.   In addition to the maximum amount provided for in paragraph 1, the Community grants financial contribution to Sweden for the organisation of workshops by the laboratory referred to in paragraph 1. That contribution shall not exceed 30 000 EUR.
   Article 5
   1.   The Community grants financial contribution to Italy for the functions and duties provided for in Article 32 of Regulation (EC) No 882/2004, to be carried out by the Istituto Superiore di Sanità (ISS), Rome, Italy, in respect of analysis and testing of parasites (in particular Trichinella, Echinococcus and Anisakis).
   For the period from 1 July 2006 to 31 December 2006, that financial contribution shall not exceed EUR 117 000.
   2.   In addition to the maximum amount provided for in paragraph 1, the Community grants financial contribution to Italy for the organisation of workshops by the laboratory referred to in paragraph 1. That contribution shall not exceed EUR 30 000.
   Article 6
   The Community grants financial contribution to Denmark for the functions and duties provided for in Article 32 of Regulation (EC) No 882/2004, to be carried out by the Danmarks Fødevareforskning (DFVF), Copenhagen, Denmark, for the monitoring of antimicrobial resistance.
   For the period from 1 July 2006 to 31 December 2006, that financial contribution shall not exceed 128 000 EUR.
   Article 7
   The Community grants financial contribution to Belgium for the functions and duties provided for in Article 32 of Regulation (EC) No 882/2004, to be carried out by the Centre Wallon de Recherches agronomiques (CRA-W), Gembloux, Belgium in respect of analysis and testing of animal proteins in feedingstuffs.
   For the period from 1 July 2006 to 31 December 2006, that financial contribution shall not exceed 263 000 EUR.
   Article 8
   1.   The Community grants financial contribution to Germany for the functions and duties provided for in Article 32 of Regulation (EC) No 882/2004, to be carried out by the Chemisches und Veterinäruntersuchungsamt (CVUA) Freiburg, Germany in respect of analysis and testing of residues of pesticides in food of animal origin and commodities with high fat content.
   For the period from 1 July 2006 to 31 December 2006, that financial contribution shall not exceed 150 000 EUR.
   2.   In addition to the maximum amount provided for in paragraph 1, the Community grants financial contribution to Germany for the organisation of workshops by the laboratory referred to in paragraph 1. That contribution shall not exceed 30 000 EUR.
   Article 9
   1.   The Community grants financial contribution to Denmark for the functions and duties provided for in Article 32 of Regulation (EC) No 882/2004, to be carried out by the Danmarks Fødevareforskning (DFVF) Copenhagen, Denmark, in respect of analysis and testing of residues of pesticides in cereals and feedingstuffs.
   For the period from 1 July 2006 to 31 December 2006, that financial contribution shall not exceed EUR 150 000.
   2.   In addition to the maximum amount provided for in paragraph 1, the Community grants financial contribution to Denmark for the organisation of workshops by the laboratory referred to in paragraph 1. That contribution shall not exceed EUR 30 000.
   Article 10
   1.   The Community grants financial contribution to Spain for the functions and duties provided for in Article 32 of Regulation (EC) No 882/2004, to be carried out by the Laboratorio Agrario de la Generalitat Valenciana (LAGV)/Grupo de Residuos de Plaguicidas de la Universidad de Almería (PRRG), Spain, in respect of analysis and testing of residues of pesticides in fruits and vegetables, including commodities with high water and high acid content.
   For the period from 1 July 2006 to 31 December 2006, that financial contribution shall not exceed EUR 400 000.
   2.   In addition to the maximum amount provided for in paragraph 1, the Community grants financial contribution to Spain for the organisation of workshops by the laboratory referred to in paragraph 1. That contribution shall not exceed EUR 30 000.
   Article 11
   1.   The Community grants financial contribution to Germany for the functions and duties provided for in Article 32 of Regulation (EC) No 882/2004, to be carried out by the Chemisches und Veterinäruntersuchungsamt (CVUA) Stuttgart, Germany in respect of analysis and testing of residues of pesticides by single residue methods.
   For the period from 1 July 2006 to 31 December 2006, that financial contribution shall not exceed EUR 300 000.
   2.   In addition to the maximum amount provided for in paragraph 1, the Community grants financial contribution to Germany for the organisation of workshops by the laboratory referred to in paragraph 1. That contribution shall not exceed EUR 30 000.
   Article 12
   1.   The Community grants financial contribution to Germany for the functions and duties provided for in Article 32 of Regulation (EC) No 882/2004, to be carried out by the Chemisches und Veterinäruntersuchungsamt (CVUA) Freiburg, Germany in respect of analysis and testing of dioxins and PCBs in food and feed.
   For the period from 1 July 2006 to 31 December 2006, that financial contribution shall not exceed EUR 400 000.
   2.   In addition to the maximum amount provided for in paragraph 1, the Community grants financial contribution to Germany for the organisation of workshops by the laboratory referred to in paragraph 1. That contribution shall not exceed EUR 30 000.
   Article 13
   The Community’s financial contribution referred to in Articles 1 to 12 shall be at the rate of 100 % of eligible costs as defined in Regulation (EC) No 156/2004.
   Article 14
   This Decision is addressed to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Italian Republic and the Kingdom of Sweden.

      Done at Brussels, 29 September 2006.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 165, 30.4.2004, p. 1. Regulation as amended by Commission Regulation (EC) No 776/2006 (OJ L 136, 24.5.2006, p. 3).

      (2)  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Decision 2006/53/EC (OJ L 29, 2.2.2006, p. 37).

      (3)  OJ L 27, 30.1.2004, p. 5.

      (4)  OJ L 136, 24.5.2006, p. 3.

      (5)  OJ L 209, 11.8.2005, p. 1. Regulation as amended by Regulation (EC) No 320/2006 (OJ L 58, 28.2.2006, p. 42).


title: 2013/216/CFSP: Political and Security Committee Decision BiH/20/2013 of 24 April 2013 on the appointment of the Head of the EU Command Element at Naples for the European Union military operation in Bosnia and Herzegovina

text:
               9.5.2013

               EN

               Official Journal of the European Union

               L 127/26

         POLITICAL AND SECURITY COMMITTEE DECISION BiH/20/2013
   of 24 April 2013
   on the appointment of the Head of the EU Command Element at Naples for the European Union military operation in Bosnia and Herzegovina
   (2013/216/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               By Exchange of Letters between the Secretary-General/High Representative and the NATO Secretary-General on 28 September 2004 and on 8 October 2004 respectively, the North Atlantic Council has agreed to make available the Chief of Staff of the Joint Force Command Headquarters Naples as Head of the EU Command Element at Naples.

               (2)

               Pursuant to Article 6 of Joint Action 2004/570/CFSP, the Council authorised the Political and Security Committee (PSC) to exercise the political and strategic direction of the EU military operation.

               (3)

               On 15 June 2010, the PSC adopted Decision BiH/16/2010 (2) appointing Lieutenant General Leandro DE VICENTI as the Head of EU Command Element at Naples for the European Union military operation in Bosnia and Herzegovina.

               (4)

               The EU Operation Commander has recommended appointing Chief of Staff of the Joint Force Command Headquarters Naples, General Leonardo DI MARCO, as Head of the EU Command Element at Naples to succeed Lieutenant General Leandro DE VICENTI.

               (5)

               The EU Military Committee has supported the recommendation.

               (6)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications.

               (7)

               The Copenhagen European Council of 12 and 13 December 2002 adopted a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’ and which have consequently concluded bilateral security agreements with NATO,

         HAS ADOPTED THIS DECISION:
   Article 1
   General Leonardo DI MARCO is hereby appointed Head of the EU Command Element at Naples for the European Union military operation in Bosnia and Herzegovina as from 28 April 2013.
   Article 2
   Decision BiH/16/2010 is repealed.
   Article 3
   This Decision shall enter into force on 28 April 2013.

      Done at Brussels, 24 April 2013.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 252, 28.7.2004, p. 10.

      (2)  OJ L 155, 22.6.2010, p. 33.


title: Decision of the Civil Service Tribunal No 3/2011 taken at the Plenary Meeting on 20 September 2011 on the lodging and service of procedural documents by means of e-Curia

text:
               1.10.2011

               EN

               Official Journal of the European Union

               C 289/11

         DECISION OF THE CIVIL SERVICE TRIBUNAL
   No 3/2011
   taken at the Plenary Meeting on 20 September 2011
   on the lodging and service of procedural documents by means of e-Curia
   2011/C 289/08
   THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL,
   Having regard to the Rules of Procedure and, in particular, Articles 34(7) and 99(3) thereof,
   Whereas:

               (1)

               In order to take account of developments in communication technology, an information technology application has been developed to allow the lodging and service of procedural documents by electronic means.

               (2)

               This application, which is based on an electronic authentication system using a combination of a user identification and a password, meets the requirements of authenticity, integrity and confidentiality of documents exchanged,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The information technology application known as ‘e-Curia’, common to the three constituent courts of the Court of Justice of the European Union, allows the lodging and service of procedural documents by electronic means under the conditions laid down by this Decision.
   Article 2
   Use of this application shall require a personal user identification and password.
   Article 3
   A procedural document lodged by means of e-Curia shall be deemed to be the original of that document for the purposes of the first subparagraph of Article 34(1) of the Rules of Procedure where the representative’s user identification and password have been used to effect that lodgment. Such identification shall constitute the signature of the document concerned.
   Article 4
   A document lodged by means of e-Curia must be accompanied by the Annexes referred to therein and a schedule listing such Annexes.
   It shall not be necessary to lodge certified copies of a document lodged by means of e-Curia or of any Annexes thereto.
   Article 5
   A procedural document shall be deemed to have been lodged for the purposes of Article 34(3) of the Rules of Procedure at the time of the representative’s validation of lodgment of that document.
   The relevant time shall be the time in the Grand Duchy of Luxembourg.
   Article 6
   Procedural documents, including judgments and orders, shall be served on the parties’ representatives by means of e-Curia where they have expressly accepted this method of service or, in the context of a case, where they have consented to this method of service by lodging a procedural document by means of e-Curia.
   Procedural documents shall also be served by means of e-Curia on Member States, other States which are parties to the Agreement on the European Economic Area and institutions, bodies, offices or agencies of the Union that have accepted this method of service.
   Article 7
   The intended recipients of the documents served referred to in Article 6 shall be notified by e-mail of any document served on them by means of e-Curia.
   A procedural document shall be served at the time when the intended recipient (representative or his assistant) requests access to that document. In the absence of any request for access, the document shall be deemed to have been served on the expiry of the seventh day following the day on which the notification e-mail was sent.
   Where a party is represented by more than one agent or lawyer, the time to be taken into account in the reckoning of time-limits shall be the time when the first request for access was made.
   The relevant time shall be the time in the Grand Duchy of Luxembourg.
   Article 8
   The Registrar shall draw up the conditions of use of e-Curia and ensure that they are observed. Any use of e-Curia contrary to those conditions may result in the deactivation of the access account concerned.
   The Tribunal shall take the necessary steps to protect e-Curia from any abuse or malicious use.
   Users shall be notified by e-mail of any action taken pursuant to this Article that prevents them from using their access account.
   Article 9
   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, 20 September 2011.

            Registrar

         W. HAKENBERG

            President

         P. MAHONEY