title: 2014/607/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/277

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2012
   (2014/607/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2012, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

               —

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

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

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

               —

               having regard to Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (4), and in particular Article 8 thereof,

               —

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

               —

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

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0180/2014),

               1.

               Grants the Director-General of the Euratom Supply Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2012;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director-General of the Euratom Supply Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 213.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 41, 15.2.2008, p. 15.

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

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


Avis juridique important

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31997D0750

97/750/EC: Commission Decision of 6 November 1997 terminating the anti-dumping review concerning imports of video tapes in cassettes originating in the People's Republic of China

Official Journal L 304 , 07/11/1997 P. 0019 - 0020

COMMISSION DECISION of 6 November 1997 terminating the anti-dumping review concerning imports of video tapes in cassettes originating in the People's Republic of China (97/750/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), as amended by Regulation (EC) No 2331/96 (2), and in particular Article 11 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE 1. Measures in force (1) By Regulation (EEC) No 3091/91 (3), the Council imposed a definitive anti-dumping duty on imports of video tapes in cassettes originating in the People's Republic of China (hereinafter referred to as 'China`) falling within CN code ex 8523 13 00.2. Request for a review (2) Following the publication in April 1996 of a notice of the impending expiry (4) of the measures in force, the Commission received in July 1996 a request for a review lodged by the Conseil Européen de l'Industrie Chimique (CEFIC) on behalf of two Community producers allegedly representing a major proportion of the total production of the product concerned in the Community. The request contained evidence of dumping of the product originating in the People's Republic of China, and of material injury likely to result in the event of expiry of the existing measures.(3) On 24 October 1996, considering that there was sufficient evidence to warrant the initiation of a review under Article 11 (2) and (3) of Regulation (EC) No 384/96 (hereinafter referred to as the 'Basic Regulation`) the Commission announced by a notice (5) published in the Official Journal of the European Communities (hereinafter referred to as the 'Notice of Initiation`) the initiation of an expiry and interim review of Regulation (EEC) No 3091/91.3. Investigation (4) The Commission officially advised the Community producers, the importers and the Chinese producers/exporters known to be concerned as well as the representatives of China of the opening of the investigation and gave the parties concerned the opportunity to make known their views in writing and to request a hearing within the time-limit set in the Notice of Initiation.(5) The Commission commenced the review, which included the distribution of questionnaires to all parties involved seeking the information necessary for the assessment of dumping, injury and likelihood of dumping and of recurrence of injury.(6) No replies to the questionnaire were received from any Chinese producer/exporter of the like product.B. WITHDRAWAL OF THE REQUEST (7) Initially, in its request for an expiry review CEFIC referred to two Community producers:- BASF Magnetics GmbH (Germany),- TDK Recording Media Europe S.A. (Luxembourg).(8) TDK Recording Media Europe S.A. informed the Commission that it would not actively support the request for the review. Consequently, it did not submit a response to the Commission questionnaire. In view of the absence of cooperation from this company, it was excluded from the definition of the 'Community industry` for the purpose of the injury or likelihood of recurrence of injury determination.(9) For the remainder of the proceeding, therefore, BASF Magnetics GmbH, the sole cooperating Community producer which supported the request, was considered to be the 'Community industry`.(10) At the beginning of 1997, BASF Magnetics GmbH was taken over by a Korean company and changed its name into Emtec GmbH (hereinafter 'Emtec`). Given the fact that Emtec is not a member of CEFIC, the complainant CEFIC informed the Commission that it could no longer act as the legal representative of the Community industry. It further declared that it withdrew the request for an expiry review. However, Emtec informed in writing the Commission that it wanted to remain an active complainant supporting the review proceeding.(11) The reply to the questionnaire received from Emtec and the supplementary information submitted subsequently at the request of the Commission were incomplete and incoherent. The information submitted was consequently found to be insufficient for the purpose of an anti-dumping investigation. Despite the fact that the original deadline for replying to the questionnaire had been extended several times, Emtec failed to provide the necessary information.(12) Emtec GmbH was informed of its lack of sufficient cooperation and replied that it had made all possible efforts to submit additional detailed data as requested by the Commission within the deadline set. However, the Commission established that essential information had not been submitted even after several contacts between the Community producer and the Commission.C. CONCLUSION (13) In view of the circumstances set out above, the Commission, in accordance with Article 18 (1) of the Basic Regulation has established that the Community industry has not provided the information deemed necessary to assess injury and to examine whether the expiry of the measures in force would result in a recurrence of injurious dumping, as alleged in the request.(14) It is considered therefore that the anti-dumping review should be terminated and that the anti-dumping measures in force should be allowed to expire forthwith.(15) The Commission informed the interested parties, including the Community industry, of its conclusions. After being informed by the Commission of the above facts and conclusions, representatives of the Community industry made further representations, both in writing and orally, concerning the impact of the Chinese imports in question on the Community industry. However, no information or argument was provided which could, after examination, reverse the above conclusions.(16) Member States did not raise any objections to the termination of the review proceeding,HAS DECIDED AS FOLLOWS:Sole Article The anti-dumping proceeding concerning imports of video tapes in cassettes falling within CN code ex 8523 13 00 originating in the People's Republic of China is hereby terminated.Done at Brussels, 6 November 1997.For the CommissionLeon BRITTANVice-President(1) OJ L 56, 6. 3. 1996, p. 1.(2) OJ L 317, 6. 12. 1996, p. 1.(3) OJ L 293, 24. 10. 1991, p. 2.(4) OJ C 119, 24. 4. 1996, p. 3.(5) OJ C 314, 24. 10. 1996, p. 3.


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31990D0373

90/373/EEC: Council Decision of 29 may 1990 concerning the conclusion of the agreement establishing the common fund for commodities

Official Journal L 182 , 14/07/1990 P. 0001 - 0001 Finnish special edition: Chapter 11 Volume 16 P. 0007  Swedish special edition: Chapter 11 Volume 16 P. 0007

COUNCIL DECISION of 29 May 1990 concerning the conclusion of the Agreement establishing the Common Fund for Commodities (90/373/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the Agreement establishing the Common Fund for Commodities relates to matters within the jurisdiction of the Member States and to matters covered by the common commercial policy;  Whereas the Agreement has been signed by the Community and its Member States;  Whereas the Member States have already completed the ratification, acceptance or approval procedures provided for in Article 54 of the Agreement;  Whereas it is important, therefore, that the Community also approve the Agreement deposited with the Secretary-General of the United Nations Organization,  HAS DECIDED AS FOLLOWS:   Article 1 The Agreement establishing the Common Fund for Commodities is hereby approved on behalf of the Community.  The Community shall deposit the instrument of approval of the Agreement with the Secretary-General of the United Nations.  The text of the Agreement is attached to this Decision. Article 2 The President of the Council is hereby authorized to designate the person empowered to deposit the instrument of approval on behalf of the Community. Article 3 This Decision shall be published in the Official Journal of the European Communities.   Done at Brussels, 29 May 1990. For the Council The President M. GEOGHEGAN-QUINN


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31999D0825

1999/825/EC: Council Decision of 6 December 1999 appointing a Spanish member of the Committee of the Regions

Official Journal L 323 , 15/12/1999 P. 0013 - 0013

COUNCIL DECISIONof 6 December 1999appointing a Spanish member of the Committee of the Regions(1999/825/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr José Rodríguez Jordá, notified to the Council on 17 November 1999,Having regard to the proposal from the Spanish Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Eduardo Bandrés Moliné is hereby appointed an alternate member of the Committee of the Regions in place of Mr José Rodríguez Jordá for the remainder of his term of office, which runs until 25 January 2002.Done at Brussels, 6 December 1999.For the CouncilThe PresidentT. HALONEN(1) OJ L 28, 4.2.1998, p. 19.


title: Council Decision 2011/210/CFSP of 1 April 2011 on a European Union military operation in support of humanitarian assistance operations in response to the crisis situation in Libya (EUFOR Libya)

text:
               5.4.2011

               EN

               Official Journal of the European Union

               L 89/17

         COUNCIL DECISION 2011/210/CFSP
   of 1 April 2011
   on a European Union military operation in support of humanitarian assistance operations in response to the crisis situation in Libya (EUFOR Libya)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28 and Article 43(2) thereof,
   Having regard to the proposal by the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               In its Resolution on Peace and Security in Africa, adopted on 26 February 2011 (UNSCR 1970 (2011)), the United Nations Security Council (Security Council) expressed grave concern at the situation in Libya and condemned the violence and the use of force against civilians. Furthermore, the Security Council called upon all Member States of the United Nations to make available humanitarian and related assistance in Libya.

               (2)

               In its Resolution on the situation in Libya, adopted on 17 March 2011 (UNSCR 1973 (2011)), the Security Council recalled UNSCR 1970 (2011) and expressed its determination to ensure the protection of civilians and civilian populated areas and the rapid and unimpeded passage of humanitarian assistance and the safety of humanitarian personnel. It also welcomed the response of neighbouring States, in particular Tunisia and Egypt, to address the needs of refugees and foreign workers and called on the international community to support those efforts.

               (3)

               Furthermore, the Security Council authorised Member States having notified the Secretary-General of the United Nations, acting nationally or through regional organisations or arrangements and in cooperation with him and with the Member States of the League of Arab States, to take all necessary measures to protect civilians and civilian populated areas under threat of attack in Libya, while excluding a foreign occupation force of any form on any part of Libyan territory.

               (4)

               In its conclusions of 21 March 2011, the Council expressed its concern at the situation in Libya and condemned the gross and systematic violation of human rights, violence and brutal repression perpetrated by the regime against the Libyan people. It expressed its satisfaction at the adoption of UNSCR 1973 (2011) and underlined the Union’s determination to contribute to its implementation and to act collectively and resolutely, with all international partners, particularly the League of Arab States and other regional stakeholders, to that effect. It confirmed that the Union’s main aim is the protection of the civilian population and support for the Libyan people to realise their aspirations for a democratic society.
               The Council also expressed the Union’s readiness to provide Common Security and Defence Policy support to humanitarian assistance in response to a request from the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) and under the coordination role of the United Nations.

               (5)

               On 24 March 2011 the Council approved a Crisis Management Concept in response to the crisis in Libya. Further planning should focus on the support to humanitarian assistance. In particular, the operation will not impact on the neutrality or impartiality of the humanitarian actors. Any decision to launch the operation must be preceded by a request from OCHA and must be taken in the light of a current risk and threat assessment.

               (6)

               Close coordination and consultation is taking place with the Governments of Egypt and Tunisia in order to ensure their authorisation for a possible Union military presence in their respective countries.

               (7)

               The Political and Security Committee (PSC) should exercise, under the responsibility of the Council and of the High Representative of the Union for Foreign Affairs and Security Policy (the High Representative), political control over the Union military operation, provide it with strategic direction, and take the relevant decisions in accordance with the third paragraph of Article 38 of the Treaty on European Union (TEU).

               (8)

               It is necessary to negotiate and conclude international agreements relating to the participation of third States in Union operations and relating to the status of Union forces and personnel.

               (9)

               The operational expenditure arising from this Decision, which has military or defence implications, should be borne by the Member States pursuant to Article 41(2) TEU and in accordance with Council Decision 2008/975/CFSP of 18 December 2008 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (‘ATHENA’) (1).

               (10)

               Article 28(1) TEU empowers the Council to adopt decisions laying down the means to be made available to the Union. The financial reference amount, for an initial 4-month period, for the common costs of the European Union military operation constitutes the best current estimate and is without prejudice to the final figures to be included in a budget to be approved in accordance with the rules laid down in ATHENA.

               (11)

               In accordance with Article 5 of the Protocol on the position of Denmark annexed to the TEU and to the Treaty on the Functioning of the European Union (TFEU), Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark does not, therefore, participate in the financing of this operation,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mission
   1.   With a view to underpinning the mandates of United Nations Security Council Resolutions 1970 and 1973 (2011), the Union shall, if requested by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), conduct in the framework of the Common Security and Defence Policy a military operation, hereinafter called ‘EUFOR Libya’, in order to support humanitarian assistance in the region. The operation shall fully respect the Guidelines on the use of Military and Civil Defence Assets to support United Nations humanitarian activities in complex emergencies and the Guidance on the use of Foreign Military Assets to Support Humanitarian Operations in the Context of the Current Crisis in North Africa.
   2.   In support of this political objective, EUFOR Libya, if requested by OCHA, shall, in full respect of the Guidelines and the Guidance referred to in paragraph 1:

               —

               contribute to the safe movement and evacuation of displaced persons,

               —

               support, with specific capabilities, the humanitarian agencies in their activities.

         Article 2
   Appointment of the EU Operation Commander
   Rear Admiral Claudio GAUDIOSI is hereby appointed European Union Operation Commander of EUFOR Libya.
   Article 3
   Designation of the EU Operational Headquarters
   The Operational Headquarters of EUFOR Libya shall be located in Rome.
   Article 4
   Planning and launch of the operation
   The Decision to launch the European Union military operation shall be adopted by the Council, in the light of a current risk and threat assessment, following approval of the Operation Plan and the Rules of Engagement.
   Article 5
   Political control and strategic direction
   1.   Under the responsibility of the Council and the High Representative, the PSC shall exercise the political control and strategic direction of EUFOR Libya. The Council hereby authorises the PSC to take the relevant decisions in accordance with the third paragraph of Article 38 TEU. This authorisation shall include the powers to amend the planning documents, including the Operation Plan, the Chain of Command and the Rules of Engagement. It shall also include the powers to take decisions on the appointment of the European Union Operation Commander and the European Union Force Commander. The powers of decision with respect to the objectives and termination of EUFOR Libya shall remain vested in the Council.
   2.   The PSC shall report to the Council at regular intervals.
   3.   The PSC shall, at regular intervals, receive reports from the Chairman of the European Union Military Committee (EUMC) regarding the conduct of EUFOR Libya. The PSC may invite the European Union Operation Commander or the Force Commander to its meetings, as appropriate.
   Article 6
   Military direction
   1.   The EUMC shall monitor the proper execution of EUFOR Libya conducted under the responsibility of the European Union Operation Commander.
   2.   The EUMC shall, at regular intervals, receive reports from the European Union Operation Commander. It may invite him or the Force Commander to its meetings, as appropriate.
   3.   The Chairman of the EUMC shall act as the primary point of contact with the European Union Operation Commander.
   Article 7
   Implementation and consistency of the Union’s response
   1.   The High Representative shall ensure the implementation of this Decision and its consistency with the Union’s external action as a whole, including the Union’s humanitarian aid activities.
   2.   The European Union Operation Commander shall assist the High Representative in the implementation of this Decision.
   Article 8
   Cooperation with other actors
   1.   Planning and conduct of the operation shall be carried out in close cooperation and complementarity with the OCHA, which is coordinating the overall humanitarian response, the North Atlantic Treaty Organisation, and other actors.
   2.   EUFOR Libya shall cooperate closely with the designated United Nations coordinator(s), as well as with the designated coordinator(s) of the League of Arab States and with its Member States.
   3.   Consultations shall take place with the African Union as appropriate.
   Article 9
   Participation by third States
   1.   Without prejudice to the Union’s decision-making autonomy or to the single institutional framework, and in accordance with the relevant guidelines of the European Council, third States, in particular the Member States of the League of Arab States, may be invited to participate in the operation.
   2.   The Council hereby authorises the PSC to invite third States to offer contributions and to take the relevant decisions on acceptance of the proposed contributions, upon the recommendation of the European Union Operation Commander and the EUMC.
   3.   Detailed arrangements for the participation of third States shall be the subject of agreements concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 TFEU. Where the Union and a third State have concluded an agreement establishing a framework for the latter’s participation in crisis management operations of the Union, the provisions of such an agreement shall apply in the context of this operation.
   4.   Third States making significant military contributions to EUFOR Libya shall have the same rights and obligations in terms of day-to-day management of the operation as Member States taking part in the operation.
   5.   The Council hereby authorises the PSC to take relevant decisions on the setting-up of a Committee of Contributors, should third States provide significant military contributions.
   Article 10
   Status of Union-led forces and personnel
   The status of Union-led forces and their personnel, including the privileges, immunities and further guarantees necessary for the fulfilment and smooth functioning of their mission, may be the subject of agreements concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218(3) TFEU.
   Article 11
   Financial arrangements
   1.   The common costs of EUFOR Libya shall be administered in accordance with Decision 2008/975/CFSP.
   2.   The financial reference amount for the common costs of EUFOR Libya shall be EUR 7 900 000. The percentage of the reference amount referred to in Article 25(1) of Decision 2008/975/CFSP shall be 30 %.
   Article 12
   Release of information to third parties
   1.   The High Representative is hereby authorised to release to the African Union, Egypt, the League of Arab States, Tunisia, and the United Nations, as well as to other third parties associated with this Decision, classified Union information and documents generated for the purposes of EUFOR Libya up to the level of classification appropriate for each of them and in accordance with the Council’s security regulations (2).
   2.   The High Representative is hereby authorised to release to the African Union, Egypt, the League of Arab States, Tunisia and the United Nations, as well as to other third parties associated with this Decision, unclassified Union documents relating to Council deliberations on EUFOR Libya which are covered by the obligation of professional secrecy pursuant to Article 6(1) of the Rules of Procedure of the Council (3).
   Article 13
   Entry into force and termination
   1.   This Decision shall enter into force on the date of its adoption.
   2.   EUFOR Libya shall, unless the Council decides otherwise, terminate no later than 4 months after reaching Initial Operating Capability.
   3.   This Decision shall be repealed as from the later of the date of closure of the European Union Operational Headquarters or the Force Headquarters, in accordance with the plans approved for the termination of EUFOR Libya, and without prejudice to the relevant procedures regarding the audit and presentation of the accounts thereof as laid down in Decision 2008/975/CFSP.

      Done at Brussels, 1 April 2011.

            For the Council

            The President

         MARTONYI J.

      (1)  OJ L 345, 23.12.2008, p. 96.

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

      (3)  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: 2006/230/EC: Council Decision of  18 July 2005  on the conclusion of an Agreement between the European Community and the Government of Canada on the processing of API/PNR data

text:
               21.3.2006

               EN

               Official Journal of the European Union

               L 82/14

         COUNCIL DECISION
   of 18 July 2005
   on the conclusion of an Agreement between the European Community and the Government of Canada on the processing of API/PNR data
   (2006/230/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               On 7 March 2005 the Council authorised the Commission to negotiate on behalf of the Community an Agreement with Canada on the processing and transfer of Advance Passenger Information (API) and Passenger Name Record (PNR) data by air carriers to the Canada Border Services Agency (CBSA).

               (2)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Government of Canada on the processing of API/PNR data is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the European Community in order to bind the Community (2).
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 18 July 2005.

            For the Council

            The President

         J. STRAW

      (1)  Not yet published in the Official Journal.

      (2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               21.3.2006

               EN

               Official Journal of the European Union

               L 82/15

         AGREEMENT
   between the European Community and the Government of Canada on the processing of Advance Passenger Information and Passenger Name Record data
   THE EUROPEAN COMMUNITY AND THE GOVERNMENT OF CANADA, hereinafter referred to as the ‘Parties’:
   RECOGNISING the importance of respecting fundamental rights and freedoms, notably the right to privacy, and the importance of respecting these values while preventing and combating terrorism and related crimes and other serious crimes that are transnational in nature, including organised crime;
   HAVING REGARD to the Government of Canada requirement of air carriers carrying persons to Canada to provide Advance Passenger Information and Passenger Name Record (hereinafter API/PNR) data to the competent Canadian authorities, to the extent it is collected and contained in carriers’ automated reservation systems and departure control systems (DCS);
   HAVING REGARD to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and in particular Article 7(c) thereof;
   HAVING REGARD to the Commitments made by the relevant competent authority with regard to the way in which it will process API/PNR data received from air carriers (hereinafter the Commitments);
   HAVING REGARD to the relevant Commission Decision, pursuant to Article 25(6) of Directive 95/46/EC, (hereinafter the Decision), whereby the relevant Canadian competent authority is considered as providing an adequate level of protection for API/PNR data transferred from the European Community (hereinafter the Community) concerning passenger flights to Canada, in accordance with the relevant Commitments, which are annexed to the respective Decision;
   HAVING REGARD to the Revised Guidelines on API adopted by the World Customs Organisation (WCO), the International Air Transport Association (IATA) and the International Civil Aviation Organisation (ICAO);
   COMMITTED to work together to assist the ICAO in the development of a multilateral standard for the transmission of PNR data obtained from commercial airlines;
   HAVING REGARD to the possibility of effecting modifications to Annex I to this Agreement in the future by simplified procedures, particularly with regard to ensuring reciprocity between the Parties,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Purpose
   1.   The purpose of this Agreement is to ensure that API/PNR data of persons on eligible journeys is provided in full respect of fundamental rights and freedoms, in particular the right to privacy.
   2.   An eligible journey is a passage by an air carrier from the territory of one Party to the territory of the requesting Party.
   Article 2
   Competent authorities
   A competent authority of a requesting Party is an authority responsible in Canada or in the European Union for processing API/PNR data of persons on eligible journeys as specified in Annex I to this Agreement, which forms an integral part thereof.
   Article 3
   Processing of API/PNR data
   1.   The Parties agree that API/PNR data of persons on eligible journeys will be processed as outlined in the Commitments made by the competent authority obtaining the API/PNR data.
   2.   The Commitments set forth the rules and procedures for the transmission and protection of API/PNR data of persons on eligible journeys provided to a competent authority.
   3.   The competent authority shall process API/PNR data received and treat persons on eligible journeys to which the API/PNR data relates in accordance with applicable laws and constitutional requirements, without discrimination, in particular on the basis of nationality and/or country of residence.
   Article 4
   Access, correction and notation
   1.   A competent authority shall afford to a person who is not present in the territory in which that authority exercises jurisdiction, to whom the API/PNR data processed pursuant to this Agreement relates, access to the data as well as the opportunity to seek correction if it is erroneous or add a notation to indicate a correction request was made.
   2.   The opportunity provided by the competent authority for access, correction and notation with respect to such data shall be afforded in circumstances similar to those where it would be available to persons present in the territory in which that authority exercises jurisdiction.
   Article 5
   Obligation to process API/PNR data
   1.   In relation to the application of this Agreement within the Community, as it relates to the processing of personal data, air carriers operating eligible journeys from the Community to Canada shall process API/PNR data contained in their automated reservation systems and DCS as required by the competent Canadian authorities pursuant to Canadian law. The list of PNR data elements that air carriers operating eligible journeys shall transfer to the Canadian competent authority is contained in Annex II to this Agreement, which forms an integral part thereof.
   2.   The obligation set forth in paragraph 1 shall only apply for as long as the Decision is applicable, ceasing to have effect on the date that the Decision is repealed, suspended or expires without being renewed.
   Article 6
   Joint Committee
   1.   A Joint Committee is hereby established, consisting of representatives of each Party, who will be notified to the other Party through diplomatic channels. The Joint Committee shall meet at a place, on a date and with an agenda fixed by mutual consent. The first meeting shall take place within six months of entry into force of this Agreement.
   2.   The Joint Committee shall, inter alia:

               (a)

               act as a channel of communication with regard to the implementation of this Agreement and any matters related thereto;

               (b)

               resolve, to the extent possible, any dispute which may arise with respect to the implementation of this Agreement and any matters related thereto;

               (c)

               organise the Joint Reviews referred to in Article 8 and determine the detailed modalities of the joint review;

               (d)

               adopt its rules of procedure.

         3.   The Parties represented in the Joint Committee may agree modifications to Annex I to this Agreement, which will apply as from the date of such agreement.
   Article 7
   Settlement of disputes
   The Parties shall consult promptly at the request of either concerning any dispute, which has not been resolved by the Joint Committee.
   Article 8
   Joint reviews
   In accordance with Annex III to this Agreement, which forms an integral part thereof, the Parties shall conduct on an annual basis, or as otherwise agreed, a Joint Review of the implementation of this Agreement and any matters related thereto, including developments such as the definition by the ICAO of relevant PNR guidelines.
   Article 9
   Entry into force, amendments to and termination of the Agreement
   1.   This Agreement shall enter into force following an exchange of notifications between the Parties advising that the procedures required for entry into force thereof have been completed. This Agreement shall come into force on the date of the second notification.
   2.   Without prejudice to Article 6(3), this Agreement may be amended by an Agreement between the Parties. Such amendment shall enter into force 90 days after the Parties have exchanged notifications of completion of the relevant internal procedures.
   3.   This Agreement may be terminated by either Party at any time following written notification not less than 90 days in advance of the proposed termination date.
   Article 10
   This Agreement is not intended to derogate from or amend legislation of the Parties.
   IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Agreement.

      DONE, in duplicate, in Luxembourg, this third day of October two thousand and five, in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each version being equally authentic. In case of divergence the English and French versions shall prevail.

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

         Por el Gobierno de Canadá
         Za vládu Kanady
         For Canadas regering
         Für die Regierung Kanadas
         Kanada valitsuse nimel
         Για την Κυβέρνηση του Καναδά
         For the Government of Canada
         Pour le gouvernement du Canada
         Per il governo del Canada
         Kanādas Valdības vārdā
         Kanados Vyriausybės vardu
         Kanada kormánya részéről
         Għall-Gvern tal-Kanada
         Voor de Regering van Canada
         W imieniu rządu Kanady
         Pelo Governo do Canadá
         Za vládu Kanady
         Za Vlado Kanade
         Kanadan hallituksen puolesta
         På Canadas regerings vägnar

   ANNEX I
   Competent authorities
   For the purpose of Article 3, the competent authority for Canada is the Canada Border Services Agency (CBSA).
   ANNEX II
   PNR data elements to be collected

               1.

               PNR record locator

               2.

               Date of reservation

               3.

               Date(s) of intended travel

               4.

               Name

               5.

               Other names on PNR

               6.

               All forms of payment information

               7.

               Billing address

               8.

               Contact telephone numbers

               9.

               All travel itinerary for specific PNR

               10.

               Frequent flyer information (limited to miles flown and address(es))

               11.

               Travel agency

               12.

               Travel agent

               13.

               Split/divided PNR information

               14.

               Ticketing field information

               15.

               Ticket number

               16.

               Seat number

               17.

               Date of ticket issuance

               18.

               No show history

               19.

               Bag tag numbers

               20.

               Go show information

               21.

               Seat information

               22.

               One-way tickets

               23.

               Any collected APIS information

               24.

               Standby

               25.

               Order at check in

         ANNEX III
   Joint review
   The Parties will communicate to each other in advance of the joint review the composition of their respective teams, which may include appropriate authorities concerned with privacy/data protection, customs, immigration, enforcement, intelligence and interdiction, and other forms of law enforcement, border security and/or aviation security, including experts from Member States of the European Union.
   Subject to applicable laws, any participants in the review will be required to respect the confidentiality of the discussions and have appropriate security clearances. Confidentiality will not however be an obstacle to each Party making an appropriate report on the results of the joint review to their respective competent bodies, including the Parliament of Canada and the European Parliament.
   The Parties will jointly determine the detailed modalities of the joint review.


title: Election of the European Ombudsman European Parliament decision of 20 January 2010 electing the European Ombudsman#ANNEX

text:
               11.11.2010

               EN

               Official Journal of the European Union

               CE 305/19

         Wednesday 20 January 2010Election of the European Ombudsman
   P7_TA(2010)0001
   European Parliament decision of 20 January 2010 electing the European Ombudsman
   2010/C 305 E/06

      The European Parliament,
   having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 24 and Article 228 thereof,
   having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   having regard to its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (1),
   having regard to Rule 204 of its Rules of Procedure,
   having regard to the call for applications (2),
   having regard to its vote of 20 January 2010,

               1.

               Elects Nikiforos DIAMANDOUROS to serve as European Ombudsman;

               2.

               Requests Nikiforos DIAMANDOUROS to take an oath before the Court of Justice;

               3.

               Instructs its President to have the annexed decision published in the Official Journal of the European Union;

               4.

               Instructs its President to forward this Decision to the Council, the Commission and the Court of Justice.

      (1)  OJ L 113, 4.5.1994, p. 15.

      (2)  OJ C 216, 10.9.2009, p. 7.

      Wednesday 20 January 2010ANNEX

         DECISION OF THE EUROPEAN PARLIAMENT
         of 20 January 2010
         electing the European Ombudsman
         THE EUROPEAN PARLIAMENT,
         Having regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 24 and Article 228 thereof,
         Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
         Having regard to its Decision 94/262/ECSC, EC, Euratom of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties (1),
         Having regard to Rule 204 of its Rules of Procedure,
         Having regard to the call for applications (2),
         Having regard to its vote of 20 January 2010,
         HAS DECIDED:
         to elect Nikiforos DIAMANDOUROS to serve as European Ombudsman.

            Done at Strasbourg, 20 January 2010

                  For the European Parliament

                  The President

               Jerzy BUZEK

         (1)  OJ L 113, 4.5.1994, p. 15.

         (2)  OJ C 216, 10.9.2009, p. 7.


title: Decision of the European Systemic Risk Board of 1 June 2015 on the appointment of the Data Protection Officer of the European Systemic Risk Board (ESRB/2015/1)

text:
               20.6.2015

               EN

               Official Journal of the European Union

               C 204/18

         DECISION OF THE EUROPEAN SYSTEMIC RISK BOARD
   of 1 June 2015
   on the appointment of the Data Protection Officer of the European Systemic Risk Board
   (ESRB/2015/1)
   (2015/C 204/06)
   THE GENERAL BOARD OF THE EUROPEAN SYSTEMIC RISK BOARD,
   Having regard to Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (1),
   Having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (2), and in particular Article 24 thereof,
   Having regard to Council Regulation (EU) No 1096/2010 of 17 November 2010 conferring specific tasks upon the European Central Bank concerning the functioning of the European Systemic Risk Board (3), and in particular Article 6 thereof,
   Having regard to Decision ESRB/2012/1 of the European Systemic Risk Board of 13 July 2012 implementing rules on data protection at the European Systemic Risk Board (4), and in particular Article 3 thereof,
   HAS ADOPTED THIS DECISION:
   Ms. Barbara Eggl is appointed as Data Protection Officer (DPO) of the European Systemic Risk Board (ESRB) with effect from 1 June 2015 until 31 May 2017. Ms. Eggl is appointed as the ESRB’s DPO in her capacity as member of staff and DPO of the European Central Bank.

      Done at Frankfurt am Main, 1 June 2015.

            The Chair of the ESRB

         Mario DRAGHI

      (1)  OJ L 331, 15.12.2010, p. 1.

      (2)  OJ L 8, 12.1.2001, p. 1.

      (3)  OJ L 331, 15.12.2010, p. 162.

      (4)  OJ C 286, 22.9.2012, p. 16.


title: 2011/281/EU: Commission Decision of 16 May 2011 amending Decision 2009/146/EC as regards the replacement of members of the Scientific Committees by members from the Pool of scientific advisors set up by Decision 2008/721/EC

text:
               17.5.2011

               EN

               Official Journal of the European Union

               L 129/15

         COMMISSION DECISION
   of 16 May 2011
   amending Decision 2009/146/EC as regards the replacement of members of the Scientific Committees by members from the Pool of scientific advisors set up by Decision 2008/721/EC
   (2011/281/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Commission Decision 2008/721/EC of 5 September 2008 setting up an advisory structure of Scientific Committees and experts in the field of consumer safety, public health and the environment and repealing Decision 2004/210/EC (1), and in particular Article 5 thereof,
   Whereas:

               (1)

               By Decision 2008/721/EC the Commission has set up three Scientific Committees, on Consumer Safety (SCCS), on Health and Environmental Risks (SCHER) and on Emerging and Newly Identified Health Risks (SCENIHR) and a Pool of Scientific Advisors on Risk Assessment (hereinafter the Pool), in the field of consumer safety, public health and the environment.

               (2)

               By Decision 2009/146/EC (2) the Commission has appointed the members for SCCS, SCHER and SCENIHR and the scientific advisors in the Pool.

               (3)

               The Scientific Committees have in accordance to Article 12 of Decision 2008/721/EC adopted common rules of procedures establishing, inter alia, the participation criteria for the members of the Scientific Committees and the conditions under which membership of the Committee shall expire as stated in Annex II 4(a) of the Decision.

               (4)

               Article 5(2) of Decision 2008/721/EC states that when a member of a Scientific Committee does not comply with the participation criteria laid down in the rules of procedures or wishes to resign, the Commission may terminate the member’s membership and appoint a replacement from the Pool.

               (5)

               Two members of SCHER, one member of SCCS and one member of SCENIHR have resigned, while two members of SCCS have not met the participation criteria and their membership should be terminated. It is necessary to appoint new members in order to ensure the availability in the respective Committees of the needed type of expertise.

               (6)

               In accordance with Article 3(2) of Decision 2008/721/EC, the experts from the Pool to replace those members of the Scientific Committees who have resigned or whose membership has been terminated, have been selected on the basis of their expertise and consistent with this a geographical distribution that reflects the diversity of scientific problems and approaches, notably in Europe.

               (7)

               The members who have resigned or whose membership is terminated, should be appointed as advisors on risk assessment to the Pool,

         HAS ADOPTED THIS DECISION:
   Article 1
   The membership of the experts listed in point 1 of the Annex to this Decision is terminated.
   These experts are appointed as scientific advisors on risk assessment to the Pool.
   The experts listed in point 2 of the Annex to this Decision are appointed as members of the Scientific Committees set up by Decision 2008/721/EC as indicated in that Annex.
   Article 2
   Annexes I and II to Decision 2009/146/EC are amended in accordance with the Annex to this Decision.
   Article 3
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 16 May 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 241, 10.9.2008, p. 21.

      (2)  OJ L 49, 20.2.2009, p. 33.

      ANNEX
      Annexes I and II to Decision 2009/146/EC are amended as follows:

                  1.

                  the names of the following experts are removed from Annex I and inserted in Annex II:

                     Scientific Committee on Consumer Safety

                              Last name

                              First name

                              Institute or organisation of affiliation

                              GALLI

                              Corrado

                              University of Milan, Milan, Italy

                              SAVOLAINEN

                              Kai

                              Finnish Institute of Occupational Health, Helsinki, Finland

                              EISENBRAND

                              Gerhard

                              University of Kaiserslautern, Kaiserslautern, Germany

                     Scientific Committee on Health and Environmental Risks

                              Last name

                              First name

                              Institute or organisation of affiliation

                              CALOW

                              Peter

                              Roskilde University, Roskilde, Denmark

                              DAVISON

                              John

                              French National Institute for Agricultural Research (INRA), Paris, France

                     Scientific Committee on Emerging and Newly Identified Health Risks

                              Last name

                              First name

                              Institute or organisation of affiliation

                              STAHL

                              Dorothea

                              Paracelsus Private Medical University, Salzburg, Austria

                  2.

                  the names of the following experts are inserted in Annex I as follows and removed from Annex II:

                     Scientific Committee on Consumer Safety

                              Last name

                              First name

                              Institute or organisation of affiliation

                              NIELSEN

                              Elsa

                              Technical University of Denmark, Søborg, Denmark

                              VAN BENTHEM

                              Jan

                              National Institute for Public Health and the Environment (RIVM), Bilthoven, the Netherlands

                     Scientific Committee on Health and Environmental Risks

                              Last name

                              First name

                              Institute or organisation of affiliation

                              ALTENBURGER

                              Rolf

                              Helmholtz Centre for Environmental Research, Leipzig, Germany

                              KRÄTKE

                              Renate

                              Federal Institute for Risk Assessment (BfR), Berlin, Germany

                     Scientific Committee on Emerging and Newly Identified Health Risks

                              Last name

                              First name

                              Institute or organisation of affiliation

                              HENSTEN

                              Arne

                              University of Tromsö, Tromsö, Norway


Avis juridique important

|

31995D0563

95/563/EC: Council Decision of 10 July 1995 on the implementation of a programme encouraging the development and distribution of European audiovisual works (Media II - Development and distribution) (1996- 2000)

Official Journal L 321 , 30/12/1995 P. 0025 - 0032

COUNCIL DECISIONof 10 July 1995on the  implementation of a programme encouraging the development and distribution of European audiovisual  works (Media II - Development and distribution) (1996-2000)(95/563/EC)THE COUNCIL  OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 130 (3)  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), (1) Whereas the European Council meeting in Brussels on 10 and 11 December 1993 took note of the  White Paper 'Growth, competitiveness and employment' as the reference point for action by the  European Union and its Member States; whereas the White Paper supports an industrial development  approach based on global competitiveness, as the key to growth and employment; and states, in  particular in Chapter 5-C, the economic importance of the audiovisual industry; (2) Whereas the European Council meeting in Corfu on 24 and 25 June 1994, took note of the report  by the 'Bangemann Group' entitled 'Europe and the global information society - recommendations to  the European Council', in particular acknowledging the strategic importance of the audiovisual  programme industry in terms of content; (3) Whereas the 'Industry/Telecommunications' Council, of 28 September 1994, issued a favourable  opinion on the Commission's communication of 19 July 1994 entitled 'Europe's way to the information  society: an action plan'; whereas it emphasized the need to improve the competitiveness of the  European audiovisual industry; (4) Whereas the Council took formal note, on 17 June 1994 of the Green Paper on 'Strategy options  to strengthen the European programme industry in the context of the audiovisual policy of the  European Union'; (5) Whereas the Commission consulted the people in the industry on the options put forward in the  Green Paper, in particular by holding the 'European Audiovisual Conference' in Brussels from 30  June to 2 July 1994; whereas the consultation process revealed a strong desire for an enhanced  programme of support for the European audiovisual industry, in particular in the area of  development and distribution; (6) Whereas the European Parliament, in its resolution of 6 May 1994 (4), examined the problems of  the audiovisual industry, following Council Directive 89/552/EEC of 3 October 1989 on the  coordination of certain provisions laid down by law, regulation or administrative action in Member  States concerning the pursuit of television broadcasting activities (5) (the 'Television Without  Frontiers' Directive), in preparation for the European audiovisual conference 'and took the view  that the priorities established inter alia during the discussions on amendments to the Media  programme, namely financing mechanisms, pre-production, distribution and training, were the best  means of establishing coherent, stable European networks'; (7) Whereas on 14 September 1994 the Economic and Social Committee issued its opinion on the Green  Paper, stating that European-level programmes such as Media could have a positive influence on the  development of programme structures and means of production in Europe; (8) Whereas the Commission has implemented an action programme to encourage the development of the  European audiovisual industry (Media) (1991-1995), adopted by Council Decision 90/685/EEC of 21  December 1990 concerning the implementation of an action programme to promote the development of  the European audiovisual industry (Media) (1991 to 1995) (1), including, in particular, measures to  support the development and distribution of European audiovisual works; (9) Whereas the Council, at its meeting of 5 November 1993, after taking note of the Commission  Communication of 23 July 1993 on the Media programme mid-term evaluation report, took the view that  it would be appropriate to examine suitable measures for launching a Media II programme after  1995; (10) Whereas the European Council meeting in Essen on 9 and 10 December 1994 called on the  Commission to present proposals for a new Media programme; (11) Whereas Article 128 (4) of the Treaty requires the Community to take cultural aspects into  account in its action under other provisions of the Treaty; whereas participation in the Programme  should reflect European cultural diversity; (12) Whereas there is a need to take into account the cultural aspects of the audiovisual sector; (13) Whereas experience from the Media Programme has shown that action is needed both before and  after production; whereas an environment favourable to the taking of initiatives by companies, in  particular small and medium-sized businesses and their development, should be fostered and  cooperation between distributors/broadcasters and producers should be encouraged; (14) Whereas the emergence of a European audiovisual market requires the development of 'European  works', which means works from Member States of the European Union as defined in Article 6 of  Directive 89/552/EEC; (15) Whereas the competitiveness of the audiovisual programme industry requires utilization of new  technologies at the programme development stage; (16) Whereas there is a need for improvement in the circulation prospects of European  cinematographic works on the market, in particular the European market; whereas cooperation between  distributors, cinema owners and producers should be encouraged and support should be given to  concerted action to promote common programming measures at European level; (17) Whereas there is a need for improvement in the television broadcasting prospects of European  works on the market, in particular the European market; whereas cooperation between broadcasters  and producers should be encouraged and support should be given to concerted action to promote  common programming measures at European level; (18) Whereas promotion and access to the market of European independent production should be  facilitated; (19) Whereas there is a need to improve enhancement of the European audiovisual heritage and to  meet the requirements of the programme market in this area; (20) Whereas support for development and distribution should take account of structural objectives  such as developing potential where audiovisual production capacity is low, as in small countries or  regions with less widely spoken languages and/or developing the independent production industry, in  particular small and medium-sized businesses; (21) Whereas a reference amount, within the meaning of point 2 of the declaration by the European  Parliament, the Council and the Commission of 6 March 1995, is included in this Decision for the  entire duration of the programme, without thereby affecting the powers of the budgetary authority  as they are defined by the Treaty; (22) Whereas, in accordance with the principle of subsidiarity, action taken by the Community  should support and supplement action taken by the relevant authorities in the Member States; (23) Whereas it is necessary to continue and step up the process of opening up the Media programme  to participation by the associated countries of Central and Eastern Europe (CCEE), in accordance  with the conditions resulting from the Additional Protocols to the Association Agreements  concerning participation Community programmes concluded or to be concluded with these countries,  and to participation by Cyprus, Malta and those EFTA States which are parties to the EEA Agreement  on the basis of additional appropriations, in accordance with procedures to be agreed on with these  countries; whereas the programme should also be opened up to cooperation with other third countries  which have concluded Agreements containing audiovisual clauses; whereas the details of such  participation or cooperation should be decided on at the appropriate time by the parties  concerned; (24) Whereas Community support should be granted on the basis of prior appraisal, monitoring, and  subsequent evaluation, HAS DECIDED AS FOLLOWS: Article 1This Decision establishes a programme to promote the development and,  within the Union and outside it, the distribution of European audiovisual works (hereinafter  referred to as 'the Programme'), to run for a period from 1 January 1996 until 31 December 2000,  for the purpose of strengthening the European audiovisual industry. Article 2The aims of the Programme are as follows: 1. As regards development: - to promote, by providing financial and technical assistance, the development of production  projects submitted by companies which include the enhancement of the audiovisual heritage and are  aimed, in particular, at the European market, to encourage an environment favourable to initiative  and to the development of the companies and to encourage networking among them, - to promote the development of production projects which include the enhancement of the  audiovisual heritage that make use of new techniques of creation and animation, to support an  environment favourable to initiative and development by companies and to encourage networking among  them. 2. As regards distribution: - to strengthen the European distribution sector in the field of cinema and video by favouring the  networking of European distributors and encouraging them to invest in the production of European  cinema films, - to favour wider transnational distribution of European films by way of stimulation measures  concerning their distribution and their exhibition in cinemas, and to encourage the networking of  operators, - to promote the circulation, in the European Union and outside it, of European television  programmes capable of appealing to a European and world audience and to encourage independent  European producers and European broadcasters to cooperate in the production of such programmes, - to actively support linguistic diversity of audiovisual and cinema works, - to facilitate the promotion of independent European production and its access to the market by  the implementation of promotion services and actions. The aims of the programme must work towards: - an increase in the competitiveness of the audiovisual industry notably in the European market, by  supporting the development of projects which have a true distribution potential, - respect for European linguistic and cultural diversity, - enhancing the European audiovisual heritage, - the development of potential in countries or regions with a low capacity for audiovisual  production and/or a restricted geographical and linguistic area, - the development of an independent production and distribution sector especially of small and  medium-sized entreprises. Article 3Beneficiaries of Community support, as laid down in Article 2, must provide a  significant proportion of the funding. Community funding shall not exceed 50 % of the cost of  operations. The financial reference amount for implementation of the programme for the period referred to in  Article 1 shall be ECU 265 million. The annual appropriations shall be authorized by the budgetary authority in accordance with the  current financial perspective. Without prejudice to the agreements and conventions to which the Community is a contracting party,  the businesses benefitting from the programme must be in the possession and continue to be in the  possession, whether directly, or by majority participation, of the Member States and/or of  nationals from Member States. Article 4Financial support under the Programme may be granted in the form of loans, repayable  advances, or subsidies, as defined in the Annex. The repayments under the Programme, together with  the repayments from operations under the Media programme (1991/95), will be allocated to the  requirements of the Media II programme. Article 51. The Commission shall be responsible for the implementation of the Programme, in  accordance with the arrangements laid down in the Annex. In the performance of this task, it shall be assisted by a committee composed of two  representatives from each Member State and chaired by the representative of the Commission. 2. The representative of the Commission shall submit to the Committee, for its opinion, a draft of  the measures to be taken concerning: - arrangements for the implementation of the actions provided for in the Annex, - the content of calls for proposals, the definition of criteria and procedures for the approval  and selection of projects, as well as the final choice of intermediary organizations, - questions concerning the annual internal distribution of finances within the programme, including  among the actions established in the distribution sector, - arrangements for monitoring and evaluating the operations. Furthermore, the representative of the Commission shall also submit, for its opinion, the  examination of all community allocations which are higher than ECU 300 000 per year as regards  development and higher than ECU 500 000 per year as regards distribution. This threshold can be  reviewed by the Committee in the light of experience. 3. The Committee shall deliver its opinion on the draft, within a time limit which the chairman may  lay down according to the urgency of the matter. The opinion shall be delivered by the majority  laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required  to adopt on a proposal from the Commission. The votes of the representatives of the Member States  within the Committee shall be weighted in the manner set out in that Article. The chairman shall  not vote. The Commission shall adopt measures which shall apply immediately. However, if these measures are  not in accordance with the opinion of the Committee, they shall be communicated by the Commission  to the Council forthwith. In that event: - the Commission shall defer application of the measures which it has decided upon for a period of  two months, - the Council, acting by a qualified majority, may take a different decision within the time limit  referred to in the previous subparagraph. 4. The Commission may consult the Committee on any other question concerning the implementation of  the programme. The Committee shall deliver its opinion within a time limit which the chairman may lay down  according to the urgency of the matter, if necessary by taking a vote. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right  to ask to have its position recorded in the minutes. The Commission shall take the utmost account of the opinion deliveed by the Committee. It shall  inform the Committee of the manner in which its opinion has been taken into account. The Commission representative shall keep the Committee informed in good time and on a regular basis  of the financial allocation agreed in the framework of the programme (amounts, duration, internal  distribution of finances, beneficiaries). Article 6The programme shall be open to the participation of the associated countries of Central  and Eastern Europe (CCEE) in accordance with the conditions laid down in the additional protocols  to the Association Agreements on participation in Community programmes concluded or to be concluded  with those countries. This programme shall be open to the participation of Cyprus, Malta and EFTA countries members of  the EEA Agreement on the basis of additional appropriations in accordance with the same rules as  applied to EFTA States, in accordance with procedures to be agreed with these countries. It shall also be open to cooperation with other non-member countries which have concluded  agreements containing audiovisual clauses. The arrangements for this participation or cooperation will be fixed at the appropriate time  between the parties concerned. Article 71. The Commission shall ensure that actions under this Decision are subject to prior  appraisal, monitoring and subsequent evaluation. 2. The selected beneficiaries shall submit an annual report to the Commission. 3. After the completion of projects, the Commission shall evaluate the manner in which they have  been carried out and the impact of their implementation in order to assess whether the original  objectives have been achieved. 4. After two years and six months of implementation of the programme and within the six months that  follow this period, the Commission, after having brought the matter before the Committee in  accordance with the procedure laid down in Article 5 (2) and (3), shall present to the European  Parliament, the Council and the Economic and Social Committee an evaluation report on the results  which were obtained, accompanied if need be by appropriate proposals. Within the framework of this report, the Commission shall evaluate the comparative results of the  systems established in points 1.2.1.(a) and (b) of the Annex, with regard to the objectives of the  programme. It shall submit to the Committee, in accordance with the procedure laid down in Article  5 (2) and (3) of this Decision, appropriate proposals as to the respective proportion for each of  the two systems and as to the implementation arrangements for the continuation of the programme. 5. When the programme has run its full term, the Commission shall submit to the European  Parliament, the Council and the Economic and Social Committee a report on the implementation and  results of the programme. Done at Brussels, 10 July 1995. For the CouncilThe PresidentP. SOLBES MIRA(1) OJ No C 108, 29. 4. 1995, p.  8. (2) OJ No C 166, 3. 7. 1995, p. 191. (3) OJ No C 256, 2. 10. 1995, p. 24. (4) OJ No C 205, 25. 7. 1994, p. 561. (5) OJ No L 298, 17. 10. 1989, p. 23. (1) OJ No L 380, 31. 12. 1990, p. 37.  ANNEX 1. ACTIONS TO BE TAKENThe proposed actions shall cover the following: 1.1. In the development sectorImproving development opportunities (preproduction) for drama,  documentaries and animation and with a view to access to the European and world market: - by supporting the development of drama, documentaries and animation (cinema and television)  presented by businesses which are aimed at a European and world audience through the provision of  assistance (planning and/or financial support) for writing techniques (workshops, a screenplay team  etc.) for the establishment of the financial arrangements and the business plan; by encouraging a  favourable environment for initiative and development by companies that have development project  packages with in particular, European market potential and by encouraging their networking, - by encouraging a favourable environment for initiative and development by companies in the sector  of new technology and animation which present development projects aimed, in particular, at the  European market, and by promoting their networking. 1.2. In the distribution sector1.2.1. Video and cinema distributionTo meet the aims referred to  in Article 2 (2), the following action lines shall be implemented: (a) a system of subsidy, repayable, for cinema distributors and video publishers of European  films. The aims of this system shall be: - to favour the networking of all European distributors and publishers having common marketing  strategies, in particular, on the European market, - to particularly encourage distributors to invest in adequate promotion and distribution costs for  European films whatever their production budget may be, - to encourage video publishing and distribution of European works, - to actively support linguistic diversity of European works (dubbing, subtitling and multilingual  production); (b) A system of subsidy for European distributors proportionate to cinema attendance for European  films outside their national territory up to an upper limit fixed per film and graded according to  each country. The subsidy generated in this way can only be used by distributors to be invested: - in the production of European films which have a distribution potential, in particular, on the  European market, - in the meeting of editorial costs (taking of copies, dubbing and subtitling), promotion and  advertising costs. During the first year of application of the programme the Commission shall prepare a report  assessing the possible arrangements, the cost and impact of the system referred to under (b), which  it shall present to the Committee in accordance with the procedure laid down in Article 5 (2) for  the purpose of determining the conditions for operational implementation of the system which will  be of an experimental nature for two years. Within the framework of the report provided for in Article 7 (4) the Commission shall evaluate the  compared results of the systems referred to under (a) and (b) in the light of the objectives of the  programme. It shall present to the Committee in accordance with the procedure laid down under  Article 5 (2) appropriate proposals as regards the respective share for each of the systems and the  arrangements for applying them to the rest of the programme, while ensuring the preservation of an  adequate balance between the two systems. The criteria for choosing the beneficiaries can include ones aiming to distinguish between projects  according to their budget category. A special subsidy shall be granted to films which are of interest for the enhancement of European  cultural diversity. (c) A system of support, for example in the form of guaranteed receipts, is also intended to  encourage exhibitors to put forward a significant showing of European films in commercial first  appearance cinemas for a minimum period of exhibition time. 1.2.2. Television broadcasting- encouraging independent producers to produce works (fiction,  documentary and animation) involving the participation of at least two broadcasters from several  Member States belonging particularly to different linguistic zones and encouraging the broadcasting  of such works, - actively supporting linguistic diversity of these works (dubbing, subtitling and multilingual  production). The criteria for selecting the beneficiaries may include provisions to distinguish projects  according to their budget category. Particular support shall be granted to audiovisual works presenting an interest for the enhancement  of European cultural diversity. 1.2.3. Promotion and access to the marketImproving access for independent producers and  distributors to the European and world market through promotion, assistance and bringing  enterprises together at commercial events (markets, fairs, festivals and other fora for meetings),  organized at European and world level. 2. IMPLEMENTATION PROCEDURE2.1. ApproachIn implementing the Programme, the Commission will work  closely with the Member States. It will also consult the partners involved. The Commission will ensure that there is a good geographical spread among the professionals  participating in the programme and that Europe's cultural diversity is reflected, paying particular  attention to the specific need of countries which have a low production capacity and/or which are  linguistically or geographically restricted as well as to the development of the independent  production and distribution sector and in particular the SME. 2.2. Funding2.2.1. Community contributionCommunity funding shall not exceed 50 % of the costs of  the actions proposed and shall be granted in the form of repayable advances, loans or subsidies.  The remainder will be provided in particular by the partners from the industry. Community support for linguistic diversity in production will be granted in the form of subsidies. 2.2.2. Appraisal, monitoring and evaluationBefore approving an application for support, the  Commission shall appraise it thoroughly to assess its conformity with this Decision and the  conditions laid out in points 2 and 3 of this Annex. Without prejudice to Article 3 of this Decision, Community support shall not exceed the minimum  considered necessary for a project. Applications for Community support should provide, where appropriate: - a financial plan listing all the components of the funding of the projects, including the  financial support requested from the Commission, - a provisional timetable of work, - any other relevant information requested by the Commission. 2.2.3. Financial provisions and financial controlThe Commission shall determine the arrangements  for commitments and payments for actions taken under this Decision in conformity with the relevant  rules of the financial regulation. 2.3. ImplementationThe Commission shall implement the programme in accordance with the procedure  set out in Article 5 of the decision. 2.3.1. In implementing the programme, in particular the technical selection of projects, monitoring  and evaluation of projects benefitting from the programme's funding and actions for networking, the  Commission will ensure that it obtains the expertise of acknowledged specialists in the field of  the development and distribution of cinema and television works. To this end, it can if necessary involve intermediary organizations which, on the basis of their  professional expertise, will provide technical assistance and will formulate proposals for the  choice of the beneficiaries, without prejudice to other selection methods. These organizations will  be chosen after calls for proposals and following the procedure described in Article 5 (2). The Commission shall make the final selection of projects benefitting from the Programme's funding,  in the context of the dispositions of Article 5 (2). 2.3.2. Furthermore, the Commission and the Member States shall organize the mutual exchange of  information useful in the implementation of the programme and take the necessary steps,  particularly by continuing the activities of the Media desks, to ensure the promotion of the  programme, and encourage the greatest possible participation of professionals in its actions and  ensure permanent contacts with the different support institutions of the Member States, for the  purpose of achieving complementarity between the actions of this programme and national support  measures.


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31993D0729

93/729/CFSP: Council Decision of 20 December 1993 supplementing the joint action on support for the convoying of humanitarian aid in Bosnia-Herzegovina

Official Journal L 339 , 31/12/1993 P. 0003 - 0003

COUNCIL DECISION of 20 December 1993 supplementing the joint action on support for the convoying of humanitarian aid in Bosnia-Herzegovina (93/729/CFSP)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Union, and in particular Articles J.3 and J.11 thereof,  Having regard to Council Decision 93/603/CFSP of 8 November 1993 concerning the joint action decided on by the Counil on the basis of Article J.3 of the Treaty on European Union on support for the convoying of humanitarian aid in Bosnia-Herzegovina (1),  and in particular point 4 thereof,  HAS DECIDED AS FOLLOWS:  1. The budget necessary to finance the aid convoying requirements defined in the report drawn up pursuant to point 3 of the above Council Decision shall amount to ECU 48,30 million.  Half of the amount (ECU 24,15 million) shall be borne by the budget of the European Communities. This expenditure shall appear in Part III.B, Commission, of the budget.  The Council will decide in due course how the remaining amount is to be financed by the Member States.  2. In the light of priority requirements to be determined in close liaison with Member States' and other qualified experts, the Commission shall implement the joint action within the limits of the amount charged to the budget of the European  Communities.  3. The present Decision shall enter into force on today's date and shall apply for the period covered by Decision 93/603/CFSP.  4. This Decision shall be published in the Official Journal.  Done at Brussels, 20 December 1993.  For the Council The President W. CLAES  (1) OJ No L 286, 20. 11. 1993, p. 1.


title: 2010/682/EU: Council Decision of 8 November 2010 on the launch of automated data exchange with regard to dactyloscopic data in Slovakia

text:
               11.11.2010

               EN

               Official Journal of the European Union

               L 293/58

         COUNCIL DECISION
   of 8 November 2010
   on the launch of automated data exchange with regard to dactyloscopic data in Slovakia
   (2010/682/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereof,
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (5)

               Slovakia has completed the questionnaire on data protection and the questionnaire on dactyloscopic data exchange.

               (6)

               A successful pilot run has been carried out by Slovakia with Austria.

               (7)

               An evaluation visit has taken place in Slovakia and a report on the evaluation visit has been produced by the Austrian/German evaluation team and forwarded to the relevant Council Working Group.

               (8)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning dactyloscopic data exchange has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching of dactyloscopic data, Slovakia has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Article 9 of that Decision as from the date of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 8 November 2010.

            For the Council

            The President

         M. WATHELET

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


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31993D0746

Commission Decision of 20 December 1993 concerning the conclusion on behalf of the European Coal and Steel Community of the Supplementary Protocol between the European Community and the European Coal and Steel Community, of the one part, and the Slovak Republic, of the other part, to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of the other part

Official Journal L 349 , 31/12/1993 P. 0210 - 0210 Finnish special edition: Chapter 11 Volume 28 P. 0003  Swedish special edition: Chapter 11 Volume 28 P. 0003

COMMISSION DECISIONof 20 December  1993concerning the conclusion on behalf of the European Coal and Steel Community of the  Supplementary Protocol between the European Community and the European Coal and Steel Community, of  the one part, and the Slovak Republic, of the other part, to the Interim Agreement on trade and  trade-related matters between the European Economic Community and the European Coal and Steel  Community, of the one part, and the Czech and Slovak Federal Republic, of the other  part(93/746/ECSC)THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular  the first paragraph of Article 95 thereof; Whereas, pending the entry into force of the European Agreement signed in Luxembourg on 4 October  1993, it is necessary to approve the Supplementary Protocol to the Interim Agreement between the  European Economic Community and the European Coal and Steel Community, of the one part, and the  Czech and Slovak Federal Republic, of the other part, on trade and trade-related matters signed in  Brussels on 16 December 1991, as subsequently amended by the exchange of letters signed on 15  December 1992 concerning the extension of the duration of this Agreement; Whereas the Interim Agreement was last amended by an Additional Protocol initialled on 16 July 1993  and applied provisionally from the 1 July 1993 in order to increase and accelerate the grant of  certain Community concessions; Whereas the conclusion of the Supplementary Protocol with the Slovak Republic to the Interim  Agreement in order to adapt this Agreement to the dissolution of the Czech and Slovak Federal  Republic on 31 December 1992 and the subsequent succession thereto by the Slovak Republic is  necessary to attain the objectives of the Community set out in particular in Articles 2 and 3 of  the Treaty establishing the European Coal and Steel Community and whereas the Treaty did not make  provision for all the cases covered by this Decision; Having consulted the Consultative Committee and with the unanimous assent of the Council; HAD DECIDED AS FOLLOWS:Article 1 The Supplementary Protocol between the  European Community and the European Coal and Steel Community of the one part and the Slovak  Republic of the other part to the Interim Agreement between the European Economic Community and the  European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of  the other part, is hereby approved on behalf of the European Coal and Steel Community. The text of the Supplementary Protocol is annexed to this Decision  (1). Article 2 The President of the Commission is authorized to designate the person who will sign the  Supplementary Protocol in order to bind the European Coal and Steel Community. Done at Brussels, 20 December 1993. For the CommissionThe PresidentJacques DELORS(1)  See page 2 of this  Official Journal.


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31984D0561

84/561/EEC: Council Decision of 22 November 1984 concerning the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and the Government of New Zealand amending the Joint Discipline Arrangement between New Zealand and the Community concerning cheese

Official Journal L 308 , 27/11/1984 P. 0059 - 0059 Spanish special edition: Chapter 11 Volume 21 P. 0091  Portuguese special edition Chapter 11 Volume 21 P. 0091

*****COUNCIL  DECISION  of 22 November 1984  concerning the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and the Government of New Zealand amending the Joint Discipline Arrangement between New Zealand and the Community concerning cheese  (84/561/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas during the General Agreement on Tariffs and Trade (GATT) trade negotiations, the Community concluded an Arrangement with New Zealand concerning cheese (1),  Whereas if the objectives of the Arrangement are to be attained, some of its provisions should be amended;  Whereas the Commission has initiated negotiations with New Zealand on this matter and reached a satisfactory agreement with that country,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an exchange of letters between the European Economic Community and the Government of New Zealand amending the Joint Discipline Arrangement between New Zealand and the Community concerning cheese is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 22 November 1982.  For the Council  The President  J. BRUTON  (1) OJ No L 71, 17. 3. 1980, p. 144.