Avis juridique important

|

31998D0484

98/484/EC: Council Decision of 20 July 1998 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Islamic Federal Republic of the Comoros concerning the provisional application of the Protocol setting out, for the period 28 February 1998 to 27 February 2001, the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros

Official Journal L 217 , 05/08/1998 P. 0027 - 0028

COUNCIL DECISION of 20 July 1998 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Islamic Federal Republic of the Comoros concerning the provisional application of the Protocol setting out, for the period 28 February 1998 to 27 February 2001, the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros (98/484/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros (1), and in particular Article 12 thereof,Having regard to the proposal from the Commission,Whereas, in accordance with Article 12 of the abovementioned Agreement, the Community and the Islamic Federal Republic of the Comoros held negotiations to determine amendments or additions to be made to the Agreement at the end of the period of application of the Protocol to the Agreement;Whereas, as a result of those negotiations, a new Protocol was initialled on 27 February 1998;Whereas, under that Protocol, Community fishermen enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Islamic Republic of the Comoros for the period 28 February 1998 to 27 February 2001;Whereas the new Protocol must come into force as soon as possible to enable Community vessels to resume fishing; whereas both parties therefore initialled an Agreement in the form of an Exchange of Letters, temporarily applying the Protocol from 28 February 1998;Whereas the Agreement in the form of an Exchange of Letters should be approved subject to a definitive decision under Article 43 of the Treaty;Whereas the method for allocating the fishing opportunities among the Member States should be defined on the basis of the transitional allocation of fishing opportunities under the fisheries agreement,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an Exchange of Letters between the European Community and the Islamic Federal Republic of the Comoros concerning the provisional application of the Protocol setting out, for the period 28 February 1998 to 27 February 2001, the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros is hereby approved on behalf of the Community.The text of the Agreement in the form of an Exchange of Letters and the Protocol are attached to this Decision.Article 2 The fishing opportunities fixed in the Protocol shall be allocated among the Member States as follows:(a) tuna seiners:>TABLE>(b) surface longliners:>TABLE>If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.Article 3 The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in order to bind the Community.Done at Brussels, 20 July 1998.For the CouncilThe PresidentW. MOLTERER(1) OJ L 137, 2. 6. 1988, p. 19.


Avis juridique important

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31981D0380

81/380/Euratom: Council Decision of 19 May 1981 amending Decision 80/318/Euratom adopting a research and training programme (1979 to 1983) for the European Atomic Energy Community in the field of controlled thermonuclear fusion

Official Journal L 149 , 06/06/1981 P. 0032 - 0032

****( 1 ) OPINION DELIVERED ON 7 MAY 1981 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).  ( 2 ) OJ NO C 331 , 17 . 12 . 1980 , P . 4 .  ( 3 ) OJ NO L 72 , 18 . 3 . 1980 , P . 18 .    COUNCIL DECISION   OF 19 MAY 1981   AMENDING DECISION 80/318/EURATOM ADOPTING A RESEARCH AND TRAINING PROGRAMME ( 1979 TO 1983 ) FOR THE EUROPEAN ATOMIC ENERGY COMMUNITY IN THE FIELD OF CONTROLLED THERMONUCLEAR FUSION  ( 81/380/EURATOM )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLE 7 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION , SUBMITTED AFTER CONSULTATION WITH THE SCIENTIFIC AND TECHNICAL COMMITTEE ,   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 1 ),   HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),   WHEREAS , BY DECISION 80/318/EURATOM ( 3 ), THE COUNCIL ADOPTED A RESEARCH AND TRAINING PROGRAMME ( 1979 TO 1983 ) IN THE FIELD OF CONTROLLED THERMONUCLEAR FUSION , IN WHICH IT FIXED THE UPPER LIMIT OF EXPENDITURE COMMITMENTS FOR THE JET PROJECT AT 145 MILLION EUROPEAN UNITS OF ACCOUNT ;   WHEREAS THE MOST RECENT ANALYSES HAVE SHOWN THAT BECAUSE OF CHANGES IN ECONOMIC CONDITIONS THIS FIGURE IS NO LONGER SUFFICIENT ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   IN THE SECOND PARAGRAPH OF ARTICLE 2 , AND IN THE FIRST SENTENCE OF PARAGRAPH 6 OF THE ANNEX TO DECISION 80/318/EURATOM , THE AMOUNT OF 145 MILLION EUROPEAN UNITS OF ACCOUNT SHALL BE REPLACED BY THAT OF 195 MILLION ECU .   DONE AT BRUSSELS , 19 MAY 1981 .   FOR THE COUNCIL   THE PRESIDENT   D . F . VAN DER MEI


title: 2005/519/EC: Council Decision of 22 November 2004 concerning the signing of a Framework Agreement between the European Community and the Republic of Croatia on the general principles for the participation of the Republic of Croatia in Community programmes

text:
               22.7.2005

               EN

               Official Journal of the European Union

               L 192/15

         COUNCIL DECISION
   of 22 November 2004
   concerning the signing of a Framework Agreement between the European Community and the Republic of Croatia on the general principles for the participation of the Republic of Croatia in Community programmes
   (2005/519/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 13, 71, 80, 95, 127, 137, 149, 150, 151, 152, 153, 157, 166, 175, 280 and 308 in conjunction with the second sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)(2)

               The Commission has negotiated on behalf of the Community a Framework Agreement with the Republic of Croatia on the general principles for its participation in Community programmes.Subject to its conclusion at a later date, the Agreement initialled on 30 July 2004 should be signed,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Subject to its conclusion at a later date, the President of the Council is hereby authorised to designate the person empowered to sign, on behalf of the European Community, the Framework Agreement between the European Community and the Republic of Croatia on the general principles for the participation of the Republic of Croatia in Community programmes.

      Done at Brussels, 22 November 2004.

            For the Council

            The President

         B. R. BOT

   FRAMEWORK AGREEMENT
   between the European Community and the Republic of Croatia on the general principles for the participation of the Republic of Croatia in Community programmes
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   on the one part, and
   the REPUBLIC OF CROATIA, hereinafter referred to as ‘Croatia’,
   on the other part,
   hereinafter referred to as ‘the Contracting Parties’
   WHEREAS:

               (1)

               The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, (hereinafter referred to as the SAA) was signed on 29 October 2001.

               (2)

               The European Council in Copenhagen in December 2002 confirmed the European perspective of the countries of the western Balkans, as potential candidates, and underlined its determination to support their efforts to move closer to the European Union.

               (3)

               The European Council in Thessaloniki in June 2003 acknowledged that the Stabilisation and Association Process will remain the framework for the European course of the western Balkan countries all the way to their future accession and endorsed ‘The Thessaloniki Agenda for the western Balkans: moving towards European integration’, which aims to further strengthen the privileged relations between the EU and the western Balkans drawing on the enlargement experience.

               (4)

               The Thessaloniki Agenda invited the western Balkan countries to participate in Community programmes and agencies in line with the principles laid down for participation by the candidate countries, aiming to familiarise the countries concerned and their people with the policies and working methods of the EU, thus anchoring them more firmly to the EU and encouraging them on the path towards European integration.

               (5)

               The European Council of 17 and 18 June 2004 decided that Croatia was a candidate country for membership and that the accession process should be launched. In this respect it decided to convene a bilateral intergovernmental conference with Croatia early in 2005 in order to begin negotiations.

               (6)

               Croatia has expressed its wish to participate in a number of Community programmes.

               (7)

               The specific terms and conditions, including financial contribution, regarding the participation of Croatia in each particular programme should be determined by agreement between the Commission of the European Communities, acting on behalf of the Community, and Croatia,

         HAVE AGREED AS FOLLOWS:
   Article 1
   Croatia shall be allowed to participate in the following Community programmes:

               1.

               The running Community programmes which are listed in the Annex, which are open to the participation of Croatia once the present agreement (hereinafter referred to as the Agreement) enters into force.

               2.

               Community Programmes established or renewed after the entry into force of the Agreement and which contain an opening clause which foresees the participation of Croatia.

         Article 2
   Croatia shall contribute financially to the general budget of the European Union corresponding to the specific programmes in which it participates.
   Article 3
   Croatia's representatives shall be allowed to take part, as observers and for the points which concern Croatia, in the management committees responsible for monitoring the programmes to which Croatia contributes financially.
   Article 4
   Projects and initiatives submitted by participants from Croatia shall, as far as possible, be subject to the same conditions, rules and procedures pertaining to the programmes concerned as are applied to Member States.
   Article 5
   The specific terms and conditions regarding the participation of Croatia in each particular programme, in particular the financial contribution payable, will be determined by agreement, in the form of a Memorandum of Understanding, between the Commission, acting on behalf of the Community, and Croatia.
   If Croatia applies for Community external assistance on the basis of Council Regulation (EC) No 2666/2000 of 5 December 2000, as amended by Council Regulation (EC) No 2415/2001 of 10 December 2001 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia or pursuant to any similar Regulation providing for Community external assistance to Croatia that may be adopted in future, the conditions governing the use by Croatia of the Community assistance shall be determined in a financing agreement.
   Article 6
   The Memorandum of Understanding shall stipulate, in accordance with the Community's Financial Regulation, that financial control or audits will be carried out by, or under the authority of, the European Commission, OLAF and the Court of Auditors of the European Communities.
   Detailed provisions shall be made on financial control and auditing, administrative measures, penalties and recovery enabling the European Commission, OLAF and the Court of Auditors to be granted powers equivalent to their powers with regard to beneficiaries or contractors established in the Community.
   Article 7
   The Agreement shall apply for an indeterminate period.
   Either Contracting Party may denounce this Agreement by written notification to the other Contracting Party. This Agreement shall terminate six months after the date of such notification.
   Article 8
   No later than three years after the date of entry into force of this Agreement, and every three years thereafter, both Contracting Parties may review the implementation of this Agreement on the basis of the actual participation of Croatia in one or more Community programmes.
   Article 9
   This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Croatia.
   Article 10
   This Agreement shall enter into force on the date of receipt of the last written notification through diplomatic channels by which each Contracting Party informs the other that its procedure for the entry into force of this Agreement has been completed.
   Article 11
   1.   The Agreement is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovakian, Slovene, Spanish, Swedish and the Croatian languages.
   2.   Once the institutions of the European Union will be bound to publish all official acts in Maltese in the Official Journal of the European Union, the Agreement will also be drawn up in duplicate in Maltese.
   3.   Each of the language texts is equally authentic.
   Article 12
   The Agreement and the Annex thereto shall be added as a protocol to the SAA and shall form an integral part of the SAA.

      Hecho en Bruselas, el veintidós de noviembre del dos mil cuatro.
      V Bruselu dne dvacátého druhého listopadu dva tisíce čtyři.
      Udfærdiget i Bruxelles den toogtyvende november to tusind og fire.
      Geschehen zu Brüssel am zweiundzwanzigsten November zweitausendundvier.
      Kahe tuhande neljanda aasta novembrikuu kahekümne teisel päeval Brüsselis.
      Έγινε στις Βρυξέλλες, στις είκοσι δύο Νοεμβρίου dύο χιλιάδες τέσσερα.
      Done at Brussels on the twenty-second day of November in the year two thousand and four.
      Fait à Bruxelles, le vingt-deux novembre deux mille quatre.
      Fatto a Bruxelles, addi' ventidue novembre duemilaquattro.
      Briselē, divi tūkstoši ceturtā gada divdesmit otrajā novembrī.
      Priimta du tūkstančiai ketvirtų metų lapkričio dvidešimt antrą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-negyedik év november havának huszonkettedik napján.
      Magħmul fi Brussel fit-tieni u għoxrin jum ta' Novembru tas-sena elfejn u erbgħa.
      Gedaan te Brussel, de tweeëntwintigste november tweeduizendvier.
      Sporządzono w Brukseli dnia dwudziestego drugiego listopada roku dwutysięcznego czwartego.
      Feito em Bruxelas, em vinte e dois de Novembro de dois mil e quatro.
      V Bruseli dvadsiatehodruhého novembra dvetisícštyri.
      V Bruslju, dvaindvajsetega novembra leta dva tisoč štiri.
      Tehty Brysselissä kahdentenakymmenentenätoisena päivänä marraskuuta vuonna kaksituhattaneljä.
      Som skedde i Bryssel den tjugoandra november tjugohundrafyra.
      Sastavljeno u Bruxellesu, dana dvadeset drugoga studenoga godine dvije tisuće četvrte.

         Por la Comunidad Europea
         Za Evropské společenstvi
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Τια τηυ Ευρωπαϊκή Κοιυότητα
         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
         Za Európske spoločenstvo
         za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar
         Za Europsku zajednicu

         Za Vladu Republike Hrvatske

   ANNEX
   LIST OF RUNNING COMMUNITY PROGRAMMES REFERRED TO IN ARTICLE 1

               —

               Combating discrimination (2001 to 2006) (1)

               —

               Combating social exclusion (2002 to 2006) (2)

               —

               Community actions in support of consumer policy (2004 to 2007) (3)

               —

               Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004 to 2006) (4)

               —

               Community action programme to promote active European citizenship (2004 to 2006) (5)

               —

               Community action in the field of public health (2003 to 2008) (6)

               —

               Culture 2000 (2000 to 2006) (7)

               —

               Customs (2003 to 2007) (8)

               —

               Daphne II (2004 to 2008) (9)

               —

               eContent Plus (2004 to 2008) (10)

               —

               eLearning (2004 to 2006) (11)

               —

               Erasmus Mundus (2004 to 2008) (12)

               —

               Fiscalis (2003 to 2007) (13)

               —

               Gender equality (2001 to 2006) (14)

               —

               Hercule (2004 to 2006) (15)

               —

               Intelligent Energy Europe (2003 to 2006) (16)

               —

               Life (2000 to 2006) (17)

               —

               Leonardo da Vinci II (2000 to 2006) (18)

               —

               Marco Polo (2003 to 2010) (19)

               —

               Media Plus (20)/Media Training (21) (2001 to 2006)

               —

               Safer Internet plus (2005 to 2008) (22)

               —

               Sixth RTD framework programme (2002 to 2006) (23)

               —

               Socrates II (2000 to 2006) (24)

               —

               Youth (2000 to 2006) (25)

      (1)  See Council Decision 2000/750/EC of 27 November 2000 establishing a Community action programme to combat discrimination (2001 to 2006) (OJ L 303, 2.12.2000, p. 23).

      (2)  See Decision No 50/2002/EC of the European Parliament and of the Council of 7 December 2001 establishing a programme of Community action to encourage cooperation between Member States to combat social exclusion (OJ L 10, 12.1.2002, p. 1).

      (3)  See Decision No 20/2004/EC of the European Parliament and of the Council of 8 December 2003 establishing a general framework for financing Community actions in support of consumer policy for the years 2004 to 2007 (OJ L 5, 9.1.2004, p. 1).

      (4)  See Decision No 791/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level and support specific activities in the field of education and training (OJ L 138, 30.4.2004, p. 31).

      (5)  See Council Decision 2004/100/EC of 26 January 2004 establishing a Community action programme to promote active European citizenship (civic participation) (OJ L 30, 4.2.2004, p. 6).

      (6)  See Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003 to 2008) (OJ L 271, 9.10.2002, p. 1).

      (7)  See Decision No 508/2000/EC of the European Parliament and of the Council of 14 February 2000 establishing the Culture 2000 programme (OJ L 63, 10.3.2000, p. 1) and Decision No 626/2004/EC of the European Parliament and of the Council of 31 March 2004 amending Decision No 508/2000/EC establishing the Culture 2000 programme (OJ L 99, 3.4.2004, p. 3).

      (8)  See Decision No 253/2003/EC of the European Parliament and of the Council of 11 February 2003 adopting an action programme for customs in the Community (Customs 2007) (OJ L 36, 12.2.2003, p. 1).

      (9)  See Decision No 803/2004/EC of the European Parliament and of the Council of 21 April 2004 adopting a programme of Community action (2004 to 2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (the Daphne II programme) (OJ L 143, 30.4.2004, p. 1).

      (10)  Not yet adopted — see COM(2004) 96 final, 2004/0025 (COD).

      (11)  See Decision No 2318/2003/EC of the European Parliament and of the Council of 5 December 2003 adopting a multiannual programme (2004 to 2006) for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (eLearning Programme) (OJ L 345, 31.12.2003, p. 9).

      (12)  See Decision No 2317/2003/EC of the European Parliament and of the Council of 5 December 2003 establishing a programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004 to 2008) (OJ L 345, 31.12.2003, p. 1).

      (13)  See Decision No 2235/2002/EC of the European Parliament and of the Council of 3 December 2002 adopting a Community programme to improve the operation of taxation systems in the internal market (Fiscalis programme 2003 to 2007) (OJ L 341, 17.12.2002, p. 1).

      (14)  See Council Decision No 2001/51/EC of 20 December 2000 establishing a programme relating to the Community framework strategy on gender equality (2001 to 2005) (OJ L 17, 19.1.2001, p. 22).

      (15)  See Decision No 804/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote activities in the field of the protection of the Community’s financial interests (Hercule programme) (OJ L 143, 30.4.2004, p. 9).

      (16)  See Decision No 1230/2003/EC of the European Parliament and of the Council of 26 June 2003 adopting a multiannual programme for action in the field of energy: ‘Intelligent Energy — Europe’ (2003 to 2006) (OJ L 176, 15.7.2003, p. 29).

      (17)  See Regulation (EC) No 1655/2000 of the European Parliament and of the Council of 17 July 2000 concerning the Financial Instrument for the Environment (LIFE) (OJ L 192, 28.7.2000, p. 1).as amended by Regulation (EC) No 1682/2004 (OJ L 308, 5.10.2004, p. 1).

      (18)  See Council Decision No 1999/382/EC of 26 April 1999 establishing the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (OJ L 146, 11.6.1999, p. 33).

      (19)  See Regulation (EC) No 1382/2003 of the European Parliament and of the Council of 22 July 2003 on the granting of Community financial assistance to improve the environmental performance of the freight transport system (Marco Polo Programme) (OJ L 196, 2.8.2003, p. 1).

      (20)  See Corrigendum to Council Decision 2000/821/EC of 20 December 2000 on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus-Development, Distribution and Promotion) (2001 to 2005) (OJ L 336 of 30.12.2000, p. 82) (OJ L 13, 17.1.2001, p. 34) as amended by Decision No 846/2004/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 4).

      (21)  See Decision No 163/2001/EC of the European Parliament and of the Council of 19 January 2001 on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA-Training) (2001 to 2005) (OJ L 26, 27.1.2001, p. 1) as amended by Decision No 845/2004 (OJ L 157, 30.4.2004, p. 1).

      (22)  Not yet adopted — see COM(2004) 91 final, 2004/0023 (COD).

      (23)  See Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) (OJ L 232, 29.8.2002, p. 1).

      (24)  See Decision No 253/2000/EC of the European Parliament and of the Council of 24 January 2000 establishing the second phase of the Community action programme in the field of education ‘Socrates’ (OJ L 28, 3.2.2000, p. 1).

      (25)  See Decision No 1031/2000/EC of the European Parliament and of the Council of 13 April 2000 establishing the ‘Youth’ Community action programme (OJ L 117, 18.5.2000, p. 1).


title: 2007/659/EC: Council Decision of 9 October 2007 authorising France to apply a reduced rate of excise duty on traditional rum produced in its overseas departments and repealing Decision 2002/166/EC

text:
               13.10.2007

               EN

               Official Journal of the European Union

               L 270/12

      COUNCIL DECISION

   of 9 October 2007
   authorising France to apply a reduced rate of excise duty on ‘traditional’ rum produced in its overseas departments and repealing Decision 2002/166/EC
   (2007/659/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 299(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:

               (1)

               Pursuant to Article 299(2) of the Treaty, the Treaty applies to the French overseas departments, the Azores, Madeira and the Canary Islands. However, taking account of the structural social and economic situation of the French overseas departments, the Azores, Madeira and the Canary Islands, which is compounded by their remoteness, insularity, small size, difficult topography and climate, economic dependence on a few products, the permanence and combination of which severely restrain their development, the Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament, shall adopt specific measures aimed, in particular, at laying down the conditions of application of the Treaty to those regions, including common policies. The Council is required, when adopting such measures, to take into account areas such as fiscal policy. When adopting these measures, it has to take into account the special characteristics and constraints of the outermost regions without undermining the integrity and the coherence of the Community legal order, including the internal market and common policies.

               (2)

               On the basis of these provisions of the Treaty, the Council adopted, in respect of the French overseas departments, Decision 2002/166/EC of 18 February 2002 authorising France to extend the application of a reduced rate of excise duty on ‘traditional’ rum produced in its overseas departments (2). Compared with the rates of taxation applied to similar products not originating in the French overseas departments, the reduced rate may be lower than the minimum rate of excise duty on alcohol set by Council Directive 92/84/EEC of 19 October 1992 on the approximation of the rates of excise duty on alcohol and alcoholic beverages (3), but may not be more than 50 % lower than the standard national excise duty on alcohol. The Council Decision was to apply until 31 December 2009, with a mid-term report to be drawn up by June 2006 at the latest.

               (3)

               On 27 December 2005 the French Government presented a mid-term report indicating that it was vital that the tax arrangements for traditional rum marketed in mainland France be maintained. Furthermore, in view of developments on the Community market for rum, which are mainly benefiting products originating in third countries, and given the economic and social importance of the sector and the structural nature of the production conditions that diminish the sector’s productivity in the overseas departments and make it difficult to maintain its production on the Community market, France has asked that the volume and duration of the tax arrangements for traditional rum on the mainland market be extended.

               (4)

               Maintaining the cane-sugar-rum sector in the overseas departments is vital to their economic and social balance. In the three departments most affected, Réunion, Guadeloupe and Martinique, the sector produces an annual turnover of over EUR 250 000 000 and provides some 40 000 jobs, including 22 000 direct jobs. It is also advisable to note the positive impact which the cultivation of cane has for the safeguarding of the environment in the overseas departments. Together with the banana sector, this sector is the only significant exporting activity in areas whose exports represent not more than 7 % of the imports. It is therefore necessary and justified for France to maintain, by way of derogation from Article 90 of the Treaty, a reduced rate of excise duty on ‘traditional’ rum produced in its overseas departments in order to avoid endangering their development.

               (5)

               The overhaul of the common organisation of the markets in the sugar sector in February 2006 goes some way towards securing the sector’s future. Thus, there are plans to introduce support measures under the Posei systems (Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the Union (4)), in the form of both Community and national aid, in order to improve the competitiveness of the overseas departments’ cane-sugar-rum sector. However, these measures still do not offset the gradual dismantling of customs protection and maintain the overseas departments’ share of the rum market.

               (6)

               Given the small scale of the local market, the overseas departments’ distilleries can continue their activities only if they have sufficient access to the market in mainland France, which is the main outlet for their rum production (over 50 % of the total).

               (7)

               The inability to compete on the Community market, which is mainly the result of increased market prices, originates from cost prices which have increased since 2001. Since that date both production and labour costs have increased substantially in the overseas departments. Moreover, overseas departments’ rums have to comply with Community regulatory standards, which call for significant non-productive investment. Since 2001, investment in the overseas departments has exceeded EUR 45 500 000, over half of which was destined for conservation of the environment, representing 47 % of the total. However, though part of this investment has been covered by structural funds, this is not the case of the resulting operating costs, which, depending on the distillery, can add about 10 to 15 % to the cost price of rum.

               (8)

               All these costs, which have increased significantly since 2001, place overseas departments’ businesses in financial difficulties. The only way to ensure the sector’s long-term survival is to offset these costs against greater output.

               (9)

               Since 2002 the total volume shipped to the Community market has fallen by 12 %, from 176 791 hectolitres of pure alcohol to 155 559 hectolitres of pure alcohol. Only the market in mainland France, where rum from the overseas departments qualifies for special tax arrangements that partially compensate its high cost price, has enabled the overseas departments’ rum industry to survive. Since the competitiveness of traditional rum from the overseas departments needs to be supported on the market in mainland France in order to safeguard the activity of their sugar-cane-rum sector, the quantities of traditional rum originating in the overseas departments eligible for a reduced rate of excise duty when released for consumption on that market should be reviewed.

               (10)

               The tax advantage authorised by the present decision does not go beyond what is necessary to address the high cost of production faced by traditional rum producers.

               (11)

               In order to ensure that the present decision does not undermine the single market, the quantities of rums originating in the overseas departments eligible for this measure may not, as before, exceed the trade flows recorded in recent years for the different sources of supply.

               (12)

               Given the need to create a climate of legal certainty for operators in the cane-sugar-rum sector and in view of the depreciation periods for plant and buildings, and in the interests of consistency with other Community rules for the sector, the derogation should be granted to the end of 2012.

               (13)

               The granting of such a duration must, however, be subject to the condition that a mid-term report be produced so that the Commission can assess whether the reasons which justify the granting of the tax derogation still apply and, if need be, consider whether the duration or quantities concerned should be revised in the light of developments on the Community rum market.

               (14)

               Decision 2002/166/EC should be replaced.

               (15)

               This Decision is without prejudice to the possible application of Articles 87 and 88 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   By way of derogation from Article 90 of the Treaty, France is authorised to extend the application on the French mainland, to ‘traditional’ rum produced in its overseas territories, of a rate of excise duty lower than the full rate for alcohol set by Article 3 of Directive 92/84/EEC.
   Article 2
   The derogation referred to in Article 1 shall be confined to rum as defined in Article 1(4)(a) of Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks (5), produced in the overseas departments from sugar cane harvested in the place of manufacture, having a content of volatile substances other than ethyl and methyl alcohol equal to or exceeding 225 grams per hectolitre of pure alcohol and an alcoholic strength by volume of 40 % volume or more.
   Article 3
   1.   The reduced rate of excise duty applicable to the product referred to in Article 2 shall be confined to an annual quota of 108 000 hectolitres of pure alcohol.
   2.   The reduced rate may be lower than the minimum rate of excise duty on alcohol set by Directive 92/84/EEC, but may not be more than 50 % lower than the standard national excise duty on alcohol.
   Article 4
   By 30 June 2010 at the latest, France shall send the Commission a report to enable it to assess whether the reasons which justified the granting of the reduced rate still exist and, if need be, whether the quota needs to be adjusted in the light of developments on the market.
   Article 5
   This Decision shall apply from 1 January 2007 until 31 December 2012.
   Article 6
   1.   Decision 2002/166/EC is hereby repealed.
   2.   References to the repealed Decision shall be construed as references to this Decision.
   Article 7
   This Decision is addressed to the French Republic.

      Done at Luxembourg, 9 October 2007.

            For the Council

            The President

         F. TEIXEIRA DOS SANTOS

      (1)  Opinion of 25 September 2007. Not yet published in the Official Journal.

      (2)  OJ L 55, 26.2.2002, p. 33.

      (3)  OJ L 316, 31.10.1992, p. 29.

      (4)  OJ L 42, 14.2.2006, p. 1. Regulation as amended by Regulation (EC) No 2013/2006 (OJ L 384, 29.12.2006, p. 13).

      (5)  OJ L 160, 12.6.1989, p. 1. Regulation as last amended by the 2005 Act of Accession.


title: 2013/37/EU: Council Decision of 14 January 2013 amending the Council’s Rules of Procedure

text:
               19.1.2013

               EN

               Official Journal of the European Union

               L 16/16

         COUNCIL DECISION
   of 14 January 2013
   amending the Council’s Rules of Procedure
   (2013/37/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Article 2(2) of Annex III to the Council’s Rules of Procedure (1),
   Whereas:

               (1)

               Article 3(3), first and fourth subparagraphs, of the Protocol (No 36) on transitional provisions annexed to the Treaties provide that, until 31 October 2014, when an act is to be adopted by the Council by a qualified majority, and if a member of the Council so requests, it must be verified that the Member States constituting the qualified majority represent at least 62 % of the total population of the Union.

               (2)

               That percentage is calculated according to the population figures set out in Article 1 of Annex III to the Council’s Rules of Procedure (hereinafter ‘Rules of Procedure’).

               (3)

               Article 2(2) of Annex III to the Rules of Procedure provides that, with effect from 1 January each year, the Council, in accordance with the data available to the Statistical Office of the European Union on 30 September of the preceding year, must amend the figures set out in Article 1 of that Annex.

               (4)

               The Rules of Procedure should therefore be amended accordingly for 2013,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 1 of Annex III to the Rules of Procedure shall be replaced by the following:

      ‘Article 1
      For the purposes of implementing Article 16(5) of the TEU and Article 3(3) and (4) of the Protocol (No 36) on transitional provisions annexed to the Treaties, the total population of each Member State for the period from 1 January 2013 to 31 December 2013 shall be as follows:

                  Member State

                  Population
                  (× 1 000)

                  Germany

                  81 843,7

                  France

                  65 397,9

                  United Kingdom

                  62 989,6

                  Italy

                  60 820,8

                  Spain

                  46 196,3

                  Poland

                  38 538,4

                  Romania

                  21 355,8

                  Netherlands

                  16 730,3

                  Greece

                  11 290,9

                  Belgium

                  11 041,3

                  Portugal

                  10 541,8

                  Czech Republic

                  10 505,4

                  Hungary

                  9 957,7

                  Sweden

                  9 482,9

                  Austria

                  8 443,0

                  Bulgaria

                  7 327,2

                  Denmark

                  5 580,5

                  Slovakia

                  5 404,3

                  Finland

                  5 401,3

                  Ireland

                  4 582,8

                  Lithuania

                  3 007,8

                  Slovenia

                  2 055,5

                  Latvia

                  2 041,8

                  Estonia

                  1 339,7

                  Cyprus

                  862,0

                  Luxembourg

                  524,9

                  Malta

                  416,1

                  Total

                  503 679,7

                  Threshold (62 %)

                  312 281,4’

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

   It shall apply from 1 January 2013.

      Done at Brussels, 14 January 2013.

            For the Council

            The President

         E. GILMORE

      (1)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35).


title: Council Decision 2005/447/CFSP of 14 March 2005 concerning the conclusion of the Agreement between the European Union and the Argentine Republic on the participation of the Argentine Republic in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea)

text:
               18.6.2005

               EN

               Official Journal of the European Union

               L 156/21

         COUNCIL DECISION 2005/447/CFSP
   of 14 March 2005
   concerning the conclusion of the Agreement between the European Union and the Argentine Republic on the participation of the Argentine Republic in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 12 July 2004, the Council adopted Joint Action 2004/570/CFSP on the European Union military operation in Bosnia and Herzegovina (1).

               (2)

               Article 11(3) of that Joint Action provides that detailed arrangements regarding the participation of third States are to be the subject of an agreement, in accordance with Article 24 of the Treaty on European Union.

               (3)

               Following authorisation by the Council on 13 September 2004, the Presidency, assisted by the Secretary-General/High Representative, negotiated an Agreement between the European Union and the Argentine Republic on the participation of the Argentine Republic in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea).

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Argentine Republic on the participation of the Argentine Republic in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea) is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 14 March 2005.

            For the Council

            The President

         F. BODEN

      (1)  OJ L 252, 28.7.2004, p. 10.
   AGREEMENT
   between the European Union and the Argentine Republic on the participation of the Argentine Republic in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea)
   THE EUROPEAN UNION (EU),
   of the one part, and
   THE ARGENTINE REPUBLIC
   of the other part,
   hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:

               —

               the adoption by the Council of the European Union of Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1),

               —

               the invitation to the Argentine Republic to participate in the EU-led operation,

               —

               the successful completion of the Force Generation process and the recommendation by the EU Operation Commander and the EU Military Committee to agree on the participation of the Argentine Republic’s forces in the EU-led operation,

               —

               Political and Security Committee Decision BiH/1/2004 of 21 September 2004 (2) on the acceptance of the Argentine Republic’s contribution to the EU military operation in Bosnia and Herzegovina,

               —

               Political and Security Committee Decision BiH/3/2004 of 29 September 2004 on the setting up of the Committee of Contributors for the EU military operation in Bosnia and Herzegovina (3),

         HAVE AGREED AS FOLLOWS:
   Article 1
   Participation in the operation
   1.   The Argentine Republic shall associate itself with Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina and with any Joint Action or Decision by which the Council of the European Union decides to extend the EU military crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The contribution of the Argentine Republic to the EU military crisis management operation is without prejudice to the decision-making autonomy of the European Union.
   3.   The Argentine Republic shall ensure that its forces and personnel participating in the EU military crisis management operation undertake their mission in conformity with

               —

               Joint Action 2004/570/CFSP and possible subsequent amendments,

               —

               the Operation Plan,

               —

               implementing measures.

         4.   Forces and personnel seconded to the operation by the Argentine Republic shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.
   5.   The Argentine Republic shall inform the EU Operation Commander in due time of any change to its participation in the operation.
   Article 2
   Status of forces
   1.   The status of the forces and personnel contributed to the EU military crisis management operation by the Argentine Republic shall be governed by the provisions on the status of forces, if available, agreed between the European Union and the host country.
   2.   The status of the forces and personnel contributed to headquarters or command elements located outside Bosnia and Herzegovina, shall be governed by arrangements between the headquarters and command elements concerned and the Argentine Republic.
   3.   Without prejudice to the provisions on the status of forces referred to in paragraph 1, the Argentine Republic shall exercise jurisdiction over its forces and personnel participating in the EU military crisis management operation.
   4.   The Argentine Republic shall be responsible for answering any claims linked to the participation in the EU military crisis management operation, from or concerning any of its forces and personnel. The Argentine Republic shall be responsible for bringing any action, in particular legal or disciplinary, against any of its forces and personnel, in accordance with its laws and regulations.
   5.   The Argentine Republic undertakes to make a declaration as regards the waiver of claims against any State participating in the EU military crisis management operation, and to do so when signing this Agreement.
   6.   The European Union undertakes to ensure that Member States make a declaration as regards the waiver of claims, for the participation of the Argentine Republic in the EU military crisis management operation, and to do so when signing this Agreement.
   Article 3
   Classified information
   1.   The Argentine Republic shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council’s security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 (4), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander.
   2.   Where the EU and the Argentine Republic have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of the EU military crisis management operation.
   Article 4
   Chain of command
   1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.
   2.   National authorities shall transfer the operational and tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his authority.
   3.   The Argentine Republic shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.
   4.   The EU Operation Commander may, following consultations with the Argentine Republic, at any time request the withdrawal of the Argentine Republic’s contribution.
   5.   A Senior Military Representative (SMR) shall be appointed by the Argentine Republic to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.
   Article 5
   Financial aspects
   1.   The Argentine Republic shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 1(1) of this Agreement, as well as in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications (5).
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Argentine Republic shall, when its liability has been established, pay compensation under the conditions foreseen in the provisions on status of forces, if available, as referred to in Article 2(1) of this Agreement.
   Article 6
   Arrangements to implement the Agreement
   Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy and the appropriate authorities of the Argentine Republic.
   Article 7
   Non-compliance
   Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.
   Article 8
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 9
   Entry into force
   1.   This Agreement shall enter into force on the date of signature.
   2.   This Agreement shall remain in force for the duration of the Argentine Republic’s contribution to the operation.
   Done at , on
         , in the English language in four copies.

            For the European Union

            For the Argentine Republic

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

      (2)  OJ L 324, 27.10.2004, p. 20.

      (3)  OJ L 325, 28.10.2004, p. 64. Decision as amended by Decision BiH/5/2004 (OJ L 357, 2.12.2004, p. 39).

      (4)  OJ L 101, 11.4.2001, p. 1. Decision as amended by Decision 2004/194/EC (OJ L 63, 28.2.2004, p. 48).

      (5)  OJ L 63, 28.2.2004, p. 68.
   DECLARATIONS
   referred to in Article 2(5) and (6)
   Declaration by the EU Member States:
   ‘The EU Member States applying EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against the Argentine Republic for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel from the Argentine Republic in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by the Argentine Republic, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from the Argentine Republic using those assets.’

         Declaration by the Argentine Republic:
   ‘The Argentine Republic applying EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets.’


title: Council Decision (EU) 2015/334 of 2 March 2015 amending the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies

text:
               3.3.2015

               EN

               Official Journal of the European Union

               L 58/75

         COUNCIL DECISION (EU) 2015/334
   of 2 March 2015
   amending the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part and the European Community and its Member States, of the other part, signed in Cotonou, on 23 June 2000,
   Having regard to the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which part Four of the Treaty on the Functioning of the European Union applies (hereinafter referred to as ‘Internal Agreement’) (1), and in particular Articles 1(7) and 8(4) thereof,
   Having regard to the Act of accession of Croatia, and in particular the Joint Declaration C on the European Development Fund,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In accordance with the Joint Declaration C attached to the Act of accession of Croatia, Croatia will accede to the European Development Fund as of the entry into force of the new Multiannual Financial Framework of Cooperation following its accession to the Union and will contribute to it as of 1 January of the second calendar year following the date of its accession.

               (2)

               The Republic of Croatia acceded to the European Union on 1 July 2013.

               (3)

               In accordance with Article 1(7) of the Internal Agreement, the allocation of contributions referred to in Article 1(2)(a), which are currently only estimated amounts for Croatia, is to be amended by Council decision should a new State accede to the Union.

               (4)

               In accordance with Article 8(4) of the Internal Agreement, the weightings laid down in Article 8(2) thereof which are currently only estimated votes for Croatia, and the qualified majority referred to in Article 8(3) of the Internal Agreement, are to be amended by Council decision should a new State accede to the Union.

               (5)

               The contributions and the weightings should be confirmed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The contribution key and the contribution of Croatia to the 11th European Development Fund as laid down in Article 1(2)(a) of the Internal Agreement as well as its weightings in the European Development Fund Committee as laid down in Article 8(2) of the Internal Agreement are hereby confirmed.
   Article 2
   The Internal Agreement is amended as follows:

               (1)

               in Article 1(2)(a), in the table, in the row concerning Croatia, the round brackets and asterisk after the word ‘Croatia’ are deleted, together with the footnote ‘(*) Estimated amount’ at the bottom of the table;

               (2)

               in Article 8(2), in the table, the following are deleted:

                           (a)

                           the round brackets and asterisk after the word ‘Croatia’ and the square brackets in the second column of the same row;

                           (b)

                           the footnote ‘(*) Estimated vote’;

                           (c)

                           the row ‘Total EU 27’, ‘998’;

                           (d)

                           the round brackets and asterisk as well as the square brackets in the row ‘Total EU 28 (*)’‘[1 000]’;

               (3)

               Article 8(3) is replaced by the following:
               ‘3.   The EDF Committee shall act by a qualified majority of 721 votes out of 1 000, expressing a vote in favour by at least 15 Member States. The blocking minority shall consist of 280 votes.’.
         Article 3
   This Decision shall enter into force on the day following that of its adoption.

      Done at Brussels, 2 March 2015.

            For the Council

            The President

         D. REIZNIECE-OZOLA

      (1)  OJ L 210, 6.8.2013, p. 1.


title: 2008/50/EC: Commission Decision of 13 December 2007 laying down detailed rules for the application of Regulation (EC) No 1367/2006 of the European Parliament and of the Council on the Aarhus Convention as regards requests for the internal review of administrative acts

text:
               16.1.2008

               EN

               Official Journal of the European Union

               L 13/24

      COMMISSION DECISION

   of 13 December 2007
   laying down detailed rules for the application of Regulation (EC) No 1367/2006 of the European Parliament and of the Council on the Aarhus Convention as regards requests for the internal review of administrative acts
   (2008/50/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (1), and in particular Article 11(2) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1367/2006 makes provisions for the application of the Aarhus Convention to Community institutions and bodies.

               (2)

               Title IV of that Regulation sets out provisions on internal review of administrative acts and omissions, the application of which requires detailed rules on the content and means of submission of applications.

               (3)

               Article 11(1) of Regulation (EC) No 1367/2006 sets out criteria for the entitlement at Community level of non-governmental organisations to make a request for internal review in accordance with Article 10 thereof, the transparent and consistent application of which require detailed rules on the evidence to be provided with applications, the calculation of time limits for reply to applications and cooperation between Community institutions and bodies.

               (4)

               In order to ensure a consistent application of Article 11 of Regulation (EC) No 1367/2006, this Decision should apply from 28 June 2007,

         HAS DECIDED AS FOLLOWS:
   CHAPTER I
   Article 1
   Contents of a request for internal review
   Any non-governmental organisation which submits a request for internal review of an administrative act or omission as referred to in Article 10 of Regulation (EC) No 1367/2006 shall:

               1.

               specify the administrative act or alleged administrative omission whose review is sought and the provisions of environmental law which it considers not to have been complied with;

               2.

               state the grounds on which that request is made;

               3.

               provide the relevant information and documentation supporting those grounds;

               4.

               specify the name and contact details of one person empowered to represent the non-governmental organisation vis-à-vis third parties for the purpose of making the request for internal review in the case at issue;

               5.

               provide evidence of its entitlement to make the request in accordance with Article 3.

         Article 2
   Submission of requests
   Requests for internal review of an administrative act or relating to an administrative omission shall be sent by mail, fax or e-mail to the person(s) or department(s) designated by the Community institution or body concerned to that effect.
   Contact details of that (or those) person(s) or department(s) shall be made known to the public by all appropriate means.
   CHAPTER II
   Article 3
   Criteria for the entitlement of non-governmental organisations to request internal review
   1.   Any non-governmental organisation which submits a request for internal review of an administrative act or omission as referred to in Article 10 of Regulation (EC) No 1367/2006 shall provide evidence that it meets the criteria set out in Article 11(1) of that Regulation, in form of the documents listed in the Annex to this Decision.
   Where any of those documents cannot be provided for reasons not attributable to the non-governmental organisation, that organisation may provide evidence in form of any other equivalent documentation.
   2.   Where it does not clearly appear from any of the documents referred to in points 1, 2 or 3 of the Annex that the subject matter in respect of which the request for internal review is made is covered by the objectives and activities of the non-governmental organisation, that organisation shall submit any other documentation providing evidence that this criterion is met.
   3.   Where it does not clearly appear from any of the documents referred to under points 1, 2 or 3 of the Annex, that the non-governmental organisation is independent and non-profit making, that organisation shall submit a declaration to that effect, signed by a person empowered to do so within the non-governmental organisation.
   Article 4
   Assessment of the entitlement of non-governmental organisations to request internal review
   1.   The Community institution or body concerned shall satisfy itself that the non-governmental organisation meets the criteria set out in Article 11(1) of Regulation (EC) No 1367/2006 by assessing the information provided in accordance with Articles 1 and 3 of this Decision.
   2.   Where, on the basis of that information, it is not possible for the Community institution or body concerned to fully assess whether the non-governmental organisation meets the criteria set out in Article 11(1) of Regulation (EC) No 1367/2006, it shall request additional documentation or information to be provided by the organisation within a reasonable period to be specified by the Community institution or body concerned. During that period, the time limits laid down in Article 10 of the Regulation shall be suspended.
   3.   Where relevant, the Community institution or body concerned may consult the national authorities of the non-governmental organisation’s country of registration or origin to verify and assess the information provided by that organisation.
   Article 5
   Administrative cooperation
   Community institutions and bodies shall cooperate among themselves to ensure a transparent and consistent application of this Decision.
   They shall exchange information as to which non-governmental organisations have been acknowledged as being entitled to make a request for internal review.
   Article 6
   Date of application
   This Decision shall apply from 28 June 2007.

      Done at Brussels, 13 December 2007.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 264, 25.9.2006, p. 13.

      ANNEX
      List of documents to be provided under Article 3(1)

                  1.

                  Statute or by-laws of the non-governmental organisation, or any other document fulfilling the same role under national practice, in respect of those countries where national law does not require or provide for a non-governmental organisation to adopt statute or by-laws.

                  2.

                  Annual activity reports of the non-governmental organisation of the last two years.

                  3.

                  In respect of non-governmental organisations established in countries where the fulfilment of such procedures is a prerequisite for a non-governmental organisation to obtain legal personality, copy of the legal registration with the national authorities (public registry, official publication, or any other relevant document).

                  4.

                  Where relevant, documentation that the non-governmental organisation has previously been acknowledged by a Community institution or body as being entitled to make a request for internal review.


title: 2002/264/: EFTA Surveillance Authority Decision No 264/02/COL of  18 December 2002  amending for the thirty-seventh time the Procedural and Substantive Rules in the Field of State Aid by introducing a new chapter 22: Rescue and restructuring aid and closure aid for the steel sector

text:
               25.5.2006

               EN

               Official Journal of the European Union

               L 139/24

      EFTA SURVEILLANCE AUTHORITY DECISION

   No 264/02/COL
   of 18 December 2002
   amending for the thirty-seventh time the Procedural and Substantive Rules in the Field of State Aid by introducing a new chapter 22: Rescue and restructuring aid and closure aid for the steel sector
   THE EFTA SURVEILLANCE AUTHORITY,
   HAVING REGARD TO the Agreement on the European Economic Area (1), in particular to Articles 61 to 63 thereof,
   HAVING REGARD TO the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (2), in particular to Article 24 and Article 1 of Protocol 3 thereof,
   WHEREAS, under Article 24 of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall give effect to the provisions of the EEA Agreement concerning State aid,
   WHEREAS, under Article 5(2)(b) of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the EFTA Surveillance Authority considers it necessary,
   RECALLING the Procedural and Substantive Rules in the Field of State Aid (3) adopted on 19 January 1994 by the EFTA Surveillance Authority (4),
   WHEREAS, on 7 March 2002, the European Commission adopted a new communication (5) setting out the principles on which it will assess rescue and restructuring aid and closure aid for the steel sector,
   WHEREAS this Communication is also of relevance for the European Economic Area,
   WHEREAS a uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area,
   WHEREAS, according to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the EFTA Surveillance Authority is to adopt, after consultation with the Commission, acts corresponding to those adopted by the EC Commission, in order to maintain equal conditions of competition,
   HAVING consulted the European Commission,
   RECALLING that the EFTA Surveillance Authority has consulted the EFTA States in a multilateral meeting on 19 October 2001 on the subject,
   HAS DECIDED AS FOLLOWS:

               1.

               The State Aid Guidelines shall be amended by introducing a new Chapter 22: Rescue and restructuring aid and closure aid for the steel sector, by the text contained in Annex I to this Decision.

               2.

               The EFTA States shall be informed by means of a letter, including a copy of the Decision and Annex I. The EFTA States shall be requested to signify their agreement to the proposed appropriate measures as set out in Annex I within 20 working days, cf. also point 22.4 of Annex I.

               3.

               The European Commission shall be informed, in accordance with point (d) of Protocol 27 of the EEA Agreement, by means of a copy of this Decision, including Annex I.

               4.

               The Decision, including Annex I, shall be published in the EEA Section of and the EEA Supplement to the Official Journal of the European Communities after the EFTA States have signified their agreement to the appropriate measures.

               5.

               The Decision shall be authentic in the English language.

      Done at Brussels, 18 December 2002.

            For the EFTA Surveillance Authority

         Einar M. BULL

            President

         Hannes HAFSTEIN

            College Member

      (1)  Hereinafter referred to as the EEA Agreement.

      (2)  Hereinafter referred to as the Surveillance and Court Agreement.

      (3)  Hereinafter referred to as the State Aid Guidelines.

      (4)  Initially published in OJ L 231, 3.9.1994, EEA Supplement No 32.

      (5)  OJ C 70, 19.3.2002, p. 8.

      ANNEX

         ‘22.   RESCUE AND RESTRUCTURING AID AND CLOSURE AID FOR THE STEEL SECTOR
         22.1.   RESCUE AND RESTRUCTURING AID FOR FIRMS IN DIFFICULTY
         Rescue aid and restructuring aid for firms in difficulty in the steel sector as defined in Annex B of the Multisectral Framework on regional aid for large investment projects, are not compatible with the common market.
         22.2.   CLOSURE AID

                     (1)

                     Aid to facilitate the development of certain economic activities may be considered to be compatible with the common market. The following aid for firms in the steel industry as defined in Annex B of the Multicultural Framework may be regarded as compatible with the common market:

                     (2)

                     aid to cover payments payable by steel firms to workers made redundant or accepting early retirement provided that:

                                 —

                                 the payments actually arise from the partial or total closure of steel plants which have not already been taken into account for approval of aid,

                                 —

                                 the payments do not exceed those customarily granted under the rules in force in the EFTA States,
                                 and

                                 —

                                 the aid does not exceed 50 % of those payments.

                     (3)

                     aid to steel firms which permanently cease production of steel products, provided that:

                                 —

                                 the firms became legal entities before 1 January 2002,

                                 —

                                 they regularly produced steel products up to the date of notification of the aid concerned,

                                 —

                                 they have not reorganised their production or plant structure since 1 January 2002,

                                 —

                                 they close and scrap the installations used to manufacture steel products within six months of the cessation of production or approval of the aid by the Authority, whichever is the later,

                                 —

                                 the closure of their plants has not already been taken into account for approval of aid;
                                 and

                                 —

                                 the amount of the aid does not exceed the residual book value of the plants to be closed, ignoring that portion of any revaluation since 1 January 2002 which exceeds the national inflation rate.

                     (4)

                     aid to steel firms which satisfy the conditions set out in point 22.2(3) but which are directly or indirectly controlled by, or which themselves directly or indirectly control, a firm that is itself a steel firm may be deemed compatible with the common market provided that:

                                 —

                                 the firm to be closed has been effectively and legally separated from the corporate structure for at least six months before payment of the aid;

                                 —

                                 the accounts of the firm to be closed have been independently certified, by an auditor accepted by the Authority, to be a true and accurate account of the assets and liabilities of that firm;
                                 and

                                 —

                                 there is a genuine and verifiable reduction in production capacity such as to yield an appreciable benefit over time for the industry as a whole in terms of a reduction in the production capacity for steel products over a period of five years following the date of the aided closure or the date of the last payment of aid approved under this point, if later. EFTA States are invited to use the notification form attached to the Multisectoral Framework (Annex E) for the purpose of notifying aid proposals pursuant to this Framework.

               22.3.   NOTIFICATION OBLIGATION
         All plans to grant aid for rescuing and restructuring firms in difficulty belonging to the steel industry and for closure aid to that sector shall be notified individually.
         22.4.   APROPRIATE MEASURES

                     (1)

                     The Authority proposes as an appropriate measure pursuant to Article 1(1) of Protocol 3 to the Surveillance and Court Agreement, to exclude from the scope of their existing schemes for rescuing and restructuring firms in difficulties, as defined by the Authority Guidelines on State aid for rescuing and restructuring firms in difficulty (Chapter 16), aid to firms belonging to the steel sector, as defined by Annex B to the Multisectoral Framework, as from 1 January 2003.

                     (2)

                     EFTA States are invited to give their explicit agreement to the proposed appropriate measures within 20 working days from the date on which the letter is notified to them. In the absence of any reply, the Authority will assume that the EFTA State in question does not agree with the proposed measures.

               22.5.   APPLICATION OF THIS FRAMEWORK
         This Framework will be applicable from 1 January 2003 for a period ending on 31 December 2009.
         22.6.   NON-NOTIFIED AID GRANTED TO THE STEEL INDUSTRY
         The Authority will examine the compability with the common market of aid granted to the steel industry without its authorisation on the basis of the criteria in force at the time the aid was granted.’


Avis juridique important

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31991D0604

91/604/EEC: Commission Decision of 25 October 1991 accepting an undertaking given by a Thai exporter in connection with the anti-dumping proceeding concerning imports of gas-fuelled, non-refillable pocket flint lighters originating in Japan, the People's Republic of China, the Republic of Korea and Thailand and terminating the investigation with regard to the exporter in question

Official Journal L 326 , 28/11/1991 P. 0031 - 0032

COMMISSION DECISION  of 25 October 1991  accepting an undertaking given by a Thai exporter in connection with the anti-dumping proceeding concerning imports of gas-fuelled, non-refillable pocket flint lighters originating in Japan, the People's  Republic of China, the Republic of Korea and Thailand and terminating the investigation with regard to the exporter in question  (91/604/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 10 thereof,  After consultations within the Advisory Committee as instituted by Regulation (EEC) No 2423/88,  Whereas:  A. PROVISIONAL MEASURES  (1) The Commission, by Regulation (EEC) No 1386/91 (2), imposed a provisional anti-dumping duty on imports into the Community of gas-fuelled, non-refillable pocket flint lighters (hereinafter referred to as lighters) originating in Japan, the People's  Republic of China, the Republic of Korea and Thailand and falling within CN code ex 9613 10 00. The Council by Regulation (EEC) No 2832/91 (3) extended this duty for a period not exceeding two months.  B. IMPOSITION OF A DEFINITIVE DUTY  (2) Following the imposition of the provisional anti-dumping duty, the interested parties who so requested were granted an opportunity to be heard by the Commission. They also made written submissions making known their views on the findings.  (3) The Commission pursued its investigation into the dumping and resultant injury. On the basis of its conclusions, the Council adopted Regulation (EEC) No 3433/91 (4) imposing a definitive anti-dumping duty on imports of gas-fuelled, non-refillable  pocket flint lighters originating in Japan, the People's Republic of China, the Republic of Korea and Thailand and definitively collecting the provisional anti-dumping duty imposed on these imports.  C. UNDERTAKINGS  (4) After all exporters concerned were notified of the results of the investigation, Thai Merry Co. Ltd, an exporter from Thailand, offered an undertaking in accordance with Article 10 of Regulation (EEC) No 2423/88.  (5) The effect of this undertaking would be to increase export prices by an amount that would be sufficient to eliminate the dumping established. The Commission believes that, administratively, it will be possible to verify that this undertaking is  being carried out. In view of this, the Commission considers that the undertaking offered is acceptable and that the investigation concerning the exporter in question may be closed without imposition of an anti-dumping duty.  (6) Should this undertaking not be complied with or be withdrawn by the exporter concerned, the Commission could, in accordance with Article 10 (6) of Regulation (EEC) No 2423/88, immediately impose a provisional duty on the basis of the results and  conclusions of the investigation set out in Regulation (EEC) No 3433/91. Subsequently, a definitive duty could also be imposed by the Council on the basis of information gathered in this investigation.  (7) When the Advisory Committee was consulted on the acceptance of the undertakings offered, one Member State raised objections. Therefore, in accordance with Article 9 and Article 10 (1) of Regulation (EEC) No 2423/88, the Commission sent a report to  the Council on the results of the consultations and a proposal that the investigation be terminated as regards the company concerned. As the Council has not decided otherwise within one month, the present Decision should stand adopted,  HAS DECIDED AS FOLLOWS:  Article 1  The undertaking offered by Thai Merry Co. Ltd in connection with the anti-dumping proceeding concerning imports of gas-fuelled, non-refillable pocket flint lighters originating in Japan, the People's Republic of China, the Republic of Korea  and Thailand is hereby accepted.  This acceptance shall take effect for all shipments to the Community as from the day following publication of the present Decision in the Official Journal of the European Communities.  Article 2  The investigation in connection with the anti-dumping proceeding referred to in Article 1 is hereby terminated in respect of Thai Merry Co. Ltd. Done at Brussels, 25 October 1991. For the Commission  Karel VAN MIERT  Member of the Commission   (1) OJ No L 209, 2. 8. 1988, p. 1. (2) OJ No L 133, 28. 5. 1991, p. 20. (3) OJ No L 272, 28. 9. 1991, p. 1. (4) See page 1 of this Official Journal.


Avis juridique important

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31995D0263

95/263/EC, Euratom, ECSC: Commission Decision of 28 June 1995 adjusting the weightings applicable from 1 April 1993 to the remuneration of officials of the European Communities serving in countries outside the European Union

Official Journal L 163 , 14/07/1995 P. 0036 - 0037

COMMISSION DECISION of 28 June 1995 adjusting the weightings applicable from 1 April 1993 to the remuneration of officials of the European Communities serving in countries outside the European Union (95/263/EC, Euratom, ECSC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,Having regard to the Staff Regulations of the Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EC, Euratom, ECSC) No 3161/94 (2), and in particular the second paragraph of Article 13 of Annex X thereto,Whereas pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations Council Regulation (Euratom, ECSC, EC) No 2403/94 (3) laid down the weightings to be applied from 1 January 1993 to the remuneration of officials serving in countries outside the Community payable in the currency of their country of employment;Whereas the Commission has made a number of adjustments to these weightings in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations (4);Whereas, some of these weightings should be adjusted with effect from 1 April 1993 given that the statistics available to the Commission show that in certain countries outside the Community the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down,DECIDES:Sole Article With effect from 1 April 1993 the weightings applicable to the remuneration of officials serving in countries outside the Community payable in the currency of their country of employment are adjusted as shown in the Annex.The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect, namely March 1993.Done at Brussels, 28 June 1995.For the CommissionHans VAN DEN BROEKMember of the Commission(1) OJ No L 56, 4. 3. 1968, p. 1.(2) OJ No L 335, 23. 12. 1994, p. 1.(3) OJ No L 257, 5. 10. 1994, p. 1.(4) OJ No L 228, 9. 9. 1993, pp. 39 to 48.ANNEX >TABLE>


Avis juridique important

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31979D0382

79/382/EEC: Council Decision of 9 April 1979 replacing a member of the Advisory Committee on Vocational Training

Official Journal L 093 , 12/04/1979 P. 0039 - 0039

****( 1 ) OJ NO 190 , 30 . 12 . 1963 , P . 3090/63 .  ( 2 ) OJ NO L 91 , 12 . 4 . 1968 , P . 26 .        COUNCIL DECISION   OF 9 APRIL 1979   REPLACING A MEMBER OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING  ( 79/382/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE COUNCIL DECISION OF 18 DECEMBER 1963 LAYING DOWN THE RULES OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING ( 1 ), AS AMENDED BY THE DECISION OF 9 APRIL 1968 ( 2 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 16 OCTOBER 1978 APPOINTING THE MEMBERS AND ALTERNATES OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING FOR THE PERIOD ENDING 15 OCTOBER 1980 ,   WHEREAS ONE MEMBER ' S SEAT ON THE ABOVE COMMITTEE IN THE  ' EMPLOYERS '  CATEGORY HAS FALLEN VACANT FOLLOWING THE RESIGNATION OF MR CORPET , OF WHICH THE COUNCIL WAS INFORMED ON 16 NOVEMBER 1978 ;   HAVING REGARD TO THE NOMINATION SUBMITTED ON 30 MARCH 1979 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR OLIVIER DE CAYEUX IS HEREBY APPOINTED MEMBER OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING IN PLACE OF MR CORPET FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE WHICH RUNS UNTIL 15 OCTOBER 1980 .   DONE AT LUXEMBOURG , 9 APRIL 1979 .   FOR THE COUNCIL   THE PRESIDENT   M . D ' ORNANO


title: 2007/548/EC: Council Decision of 5 June 2007 on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               3.8.2007

               EN

               Official Journal of the European Union

               L 202/30

         COUNCIL DECISION
   of 5 June 2007
   on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2007/548/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the third sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the Treaty of Accession of the Republic of Bulgaria and Romania, and in particular Article 4(3) thereof,
   Having regard to the Act of Accession of the Republic of Bulgaria and Romania, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 23 October 2006, the Council authorised the Commission, on behalf of the Community and its Member States, to negotiate with Georgia a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

               (2)

               Subject to its possible conclusion at a later date, the Protocol should be signed on behalf of the European Communities and their Member States.

               (3)

               The Protocol should be applied on a provisional basis from 1 January 2007, pending completion of the relevant procedures for its formal conclusion,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Communities and their Member States, the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, subject to possible conclusion at a later stage.
   The text of the Protocol is attached to this Decision (1).
   Article 2
   Pending its entry into force, the Protocol shall be applied on a provisional basis from 1 January 2007.

      Done at Luxembourg, 5 June 2007.

            For the Council

            The President

         P. STEINBRÜCK

      (1)  See page 31 of this Official Journal.
    ---documentbreak---

               3.8.2007

               EN

               Official Journal of the European Union

               L 202/31

         PROTOCOL
   to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   THE KINGDOM OF BELGIUM,
   THE REPUBLIC OF BULGARIA,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   IRELAND,
   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,
   hereinafter referred to as the ‘Member States’, represented by the Council of the European Union, and
   THE EUROPEAN COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY,
   hereinafter referred to as ‘the Communities’, represented by the Council of the European Union and the European Commission,
   of the one part, and
   GEORGIA,
   of the other part,
   hereinafter referred to as ‘Parties’ for the purposes of this Protocol,
   HAVING REGARD TO the provisions of the Treaty between the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, 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, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland, (Member States of the European Union) and the Republic of Bulgaria and Romania concerning the accession of the Republic of Bulgaria and Romania to the European Union, which was signed in Luxembourg on 25 April 2005 and is applied from 1 January 2007,
   CONSIDERING the new situation in relations between Georgia and the European Union arising from the accession to the EU of two new Member States, which opens opportunities and brings about challenges for the cooperation between Georgia and the European Union,
   TAKING INTO ACCOUNT the desire of the Parties to ensure the attainment and implementation of the objectives and principles of the PCA,
   HAVE AGREED AS FOLLOWS:
   Article 1
   The Republic of Bulgaria and Romania shall be Parties to the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and Georgia, of the other part, signed in Luxemburg on 22 April 1996 and entered into force on 1 July 1999 (hereinafter the Agreement) and shall respectively adopt and take note, in the same manner, as the other Member States, of the texts of the Agreement, as well as of the Joint Declarations, Exchanges of Letters, and Declaration by Georgia annexed to the Final Act signed on the same date and the Protocol to the Agreement of 30 April 2004, which entered into force on 1 March 2005.
   Article 2
   This Protocol shall form an integral part of the Agreement.
   Article 3
   1.   This Protocol shall be approved by the Communities, by the Council of the European Union on behalf of the Member States and by Georgia in accordance with their own procedures.
   2.   The Parties shall notify each other of the completion of the corresponding procedures referred to in the preceding paragraph. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.
   Article 4
   1.   This Protocol shall enter into force on the first day of the first month following the date of the deposit of the last instrument of approval.
   2.   Pending the date of its entry into force, this Protocol shall apply provisionally with effect from 1 January 2007.
   Article 5
   1.   The texts of the Agreement, the Final Act and all documents annexed to it, as well as the Protocol to the Agreement of 30 April 2004, are drawn up in the Bulgarian and Romanian languages.
   2.   They are annexed to this Protocol and are equally authentic with the texts in the other languages in which the Agreement, the Final Act and the documents annexed to it, as well as the Protocol to the Agreement of 30 April 2004, are drawn up.
   Article 6
   This Protocol is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovene, Slovak, Spanish, Swedish and Georgian languages, each of these texts being equally authentic.

      Съставено в Брюксел на двадесет и седми юни две хиляди и седма година.
      Hecho en Bruselas, el veintisiete de junio de dos mil siete.
      V Bruselu dne dvacátého sedmého června dva tisíce sedm.
      Udfærdiget i Bruxelles, den syvogtyvende juni to tusind og syv.
      Geschehen zu Brüssel am siebenundzwanzigsten Juni zweitausendsieben.
      Kahe tuhande seitsmenda aasta juunikuu kahekümne seitsmendal päeval Brüsselis
      Έγινε στις Βρυξέλλες, στις είκοσι επτά Iουνίου δύο χιλιάδες επτά.
      Done at Brussels on the twenty-seventh day of June in the year two thousand and seven.
      Fait à Bruxelles, le vingt-sept juin deux mille sept.
      Fatto a Bruxelles, addì ventisette giugno duemilasette.
      Briselē, divi tūkstoši septītā gada divdesmit septītajā jūnijā
      Priimta du tūkstančiai septintųjų metų birželio dvidešimt septintą dieną Briuselyje.
      Kelt Brüsszelben, a kettőezer-hetedik év június havának huszonhetedik napján.
      Magħmul fi Brussell, is-sebgħa u għoxrin ta' Lulju, elfejn u sebgħa
      Gedaan te Brussel, de zevenentwintigste juni tweeduizend zeven.
      Sporządzono w Brukseli dnia dwudziestego siódmego czerwca roku dwa tysiące siódmego.
      Feito em Bruxelas, em vinte e sete de Junho de dois mil e sete.
      Încheiat la Bruxelles la douăzeci și șapte iunie, anul două mii șapte.
      V Bruseli dvadsiateho siedmeho júna dvetisícsedem
      V Bruslju, sedemindvajsetega junija leta dva tisoč sedem.
      Tehty Brysselissä kahdentenakymmenentenäseitsemäntenä päivänä kesäkuuta vuonna kaksituhattaseitsemän.
      Som skedde i Bryssel den tjugosjunde juni tjugohundrasju.

         За Държавите-членки
         Por los Estados miembros
         Za členské státy
         For medlemsstaterne
         Für die Mitgliedstaaten
         Liikmesriikide nimel
         Για τα κράτη μέλη
         For the Member States
         Pour les États membres
         Per gli Stati membri
         Dalībvalstu vārdā
         Valstybių narių vardu
         A tagállamok rėszéről
         Għall-Istati Membri
         Voor de lidstaten
         W imieniu państw członkowskich
         Pelos Estados-Membros
         Pentru statele membre
         Za členské štáty
         Za države članice
         Jäsenvaltioiden puolesta
         På medlemsstaternas vägnar

         За Европейските общности
         Por las Comunidades Europeas
         Za Evropská společenství
         For De Europæiske Fællesskaber
         Für die Europäischen Gemeinschaften
         Euroopa Ühenduste nimel
         Για τις Ευρωπαϊκές Κοινότητες
         For the European Communities
         Pour les Communautés européennes
         Per le Comunità europee
         Eiropas Kopienu vārdā
         Europos Bendrijų vardu
         Az Európai Közösségek részéről
         Għall-Komunitajiet Ewropej
         Voor de Europese Gemeenschappen
         W imieniu Wspólnot Europejskich
         Pelas Comunidades Europeias
         Pentru Comunitatea Europeană
         Za Európske spoločenstvá
         Za Evropski skupnosti
         Euroopan yhteisöjen puolesta
         På Europeiska gemenskapernas vägnar

         За Грузия
         Por Georgia
         Za Gruzii
         for Georgien
         Für Georgien
         Gruusia nimel
         Για τη Γεωργία
         For Georgia
         Pour la Géorgie
         Per la Georgia
         Gruzijas vārdā
         Gruzijos vardu
         Grúzia részéről
         Għall-Ġeorġa
         Voor Georgië
         W imieniu Gruzji
         Pela Geórgia
         Pentru Georgia
         Za Gruzínsko
         Za Gruzijo
         Georgian puolesta
         På Georgiens vägnar