Avis juridique important

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41982D0882

82/882/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 29 December 1982 extending the period of validity of the provisional arrangements applicable to trade between Greece and the ACP States for products covered by that Community

Official Journal L 373 , 31/12/1982 P. 0076 - 0076

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL  of 29 December 1982  extending the period of validity of the provisional arrangements applicable to trade between Greece and the ACP States for products covered by that Community  (82/882/ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,  Whereas the Member States have concluded among themselves the Treaty establishing the European Coal and Steel Community;  Whereas a Protocol to the Agreement between the Member States of the European Coal and Steel Community and the African, Caribbean and Pacific States, consequent upon the accession of the Hellenic Republic to the Community, was signed on 8 October 1981;  Whereas pending the entry into force of that Protocol the Community should, in the light thereof, extend autonomously from 1 January 1983 the provisional arrangements applicable to trade between Greece and the African, Caribbean and Pacific States as established for the products covered by the European Coal and Steel Community by Decision 81/57/ECSC (1), as last extended by Decision 82/439/ECSC (2),  In agreement with the Commission,  HAVE DECIDED AS FOLLOWS:  Article 1  The provisional arrangements laid down in Decision 81/57/ECSC for trade between Greece and the African, Caribbean and Pacific States shall remain in force from 1 January 1983 until 30 June 1983.  Article 2  Member States shall take the necessary measures to implement this Decision.  Done at Brussels, 29 December 1982.  The President  O. MOELLER  (1) OJ No L 53, 27. 2. 1981, p. 65.  (2) OJ No L 190, 1. 7. 1982, p. 8.


title: Council Decision of 14 April 1975 on the conclusion of the Agreement between the European Economic Community and the Republic of Turkey on the supply of common wheat as food aid

text:
24. 7. 75                          Official Journal of the European Communities                       No L 192/ 1
                                                          II
                                     (Acts whose publication is not obligatory)
                                                 COUNCIL
                                               COUNCIL DECISION
                                                  of 14 April 1975
               on the conclusion of the Agreement between the European Economic Community and
                        the Republic of Turkey on the supply of common wheat as food aid
                                                    (75/430/EEC )
THE COUNCIL OF THE EUROPEAN                                   HAS DECIDED AS FOLLOWS :
COMMUNITIES,
                                                                                Article 1
Having regard to the Treaty establishing the
European Economic Community, and in particular               The Agreement between the European Economic
Articles 113 , 114 and 228 thereof;                          Community and the Republic of Turkey on the
                                                             supply of common wheat as food aid is hereby
                                                             concluded on behalf of the Community.
Having regard to the recommendation from the                 The text of the Agreement is annexed to this
Commission ;                                                 Decision .
Whereas the European Economic Community has                                        Article 2
concluded the 1971 Food Aid Convention ;
                                                             The President of the Council is hereby authorized to
                                                             designate the persons empowered to sign the
                                                             Agreement and to confer on them the necessary
Whereas by its letter of 12 December 1973 , the              powers to bind the Community.
Republic of Turkey has requested food aid ;
                                                             Done at Luxembourg, 14 April 1975 .
Whereas in view of the cereal supply situation in
that country the latter should be accorded, under the                                  For the Council
Community food-aid programme for 1973 /74, and                                          The President
by way of gift, a quantity of 5 000 metric tons of
common wheat,                                                                          G. FITZGERALD


title: 2007/48/EC: Decision of the European Central Bank of 30 December 2006 on Banka Slovenije's paying-up of capital, transfer of foreign reserve assets and contribution to the European Central Bank's reserves and provisions ( ECB/2006/30 )

text:
               31.1.2007

               EN

               Official Journal of the European Union

               L 24/17

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 30 December 2006
   on Banka Slovenije's paying-up of capital, transfer of foreign reserve assets and contribution to the European Central Bank's reserves and provisions
   (ECB/2006/30)
   (2007/48/EC)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 30.1, 30.3, 49.1 and 49.2 thereof,
   Whereas:

               (1)

               Pursuant to Council Decision 2006/495/EC of 11 July 2006 in accordance with Article 122(2) of the Treaty on the adoption by Slovenia of the single currency on 1 January 2007 (1), Slovenia fulfils the necessary conditions for adoption of the euro and its derogation under Article 4 of the Act of accession (2) will be abrogated with effect from 1 January 2007.

               (2)

               Article 49.1 of the Statute provides that the national central bank (NCB) of a Member State whose derogation has been abrogated must pay up its subscribed share of the capital of the European Central Bank (ECB) to the same extent as the NCBs of the other participating Member States. The NCBs of the existing participating Member States have paid up their subscriptions to the ECB's capital in full (3). Banka Slovenije's weighting in the ECB's capital key is 0,3194 %, pursuant to Article 2 of Decision ECB/2006/21 of 15 December 2006 on the national central banks’ percentage shares in the key for subscription to the European Central Bank's capital (4). Banka Slovenije has already paid up a share of its subscription to the ECB's capital, pursuant to Article 1 of Decision ECB/2004/10 of 23 April 2004 laying down the measures necessary for the paying-up of the European Central Bank’s capital by the non-participating national central banks (5). The outstanding amount is therefore EUR 17 096 556,47, which results from multiplying the ECB's subscribed capital (EUR 5 760 652 402,58) by Banka Slovenije's capital key weighting (0,3194 %), minus the share of its subscription that has already been paid up, thereby taking into account the expansion of the ECB's capital key as a result of the Bulgarian National Bank and Banca Naţională a României joining the ESCB.

               (3)

               Article 49.1, in conjunction with Article 30.1, of the Statute provides that the NCB of a Member State whose derogation has been abrogated must also transfer foreign reserve assets to the ECB. Pursuant to Article 49.1 of the Statute, the sum to be transferred is determined by multiplying the euro value at current exchange rates of the foreign reserve assets which have already been transferred to the ECB in accordance with Article 30.1 of the Statute, by the ratio between the number of shares subscribed by the NCB concerned and the number of shares already paid up by the NCBs of the other participating Member States. When determining the ‘foreign reserve assets which have already been transferred to the ECB in accordance with Article 30.1’, due account should be taken of the ECB capital key adjustment on 1 January 2004 (6) pursuant to Article 29.3 of the Statute, the ECB capital key expansion on 1 May 2004 (7) pursuant to Article 49.3 of the Statute, and the ECB's capital key expansion on 1 January 2007 pursuant to Article 49.3 of the Statute (8). As a result, pursuant to Decision ECB/2006/24 of 15 December 2006 laying down the measures necessary for the contribution to the European Central Bank's accumulated equity value, for adjusting the national central banks’ claims equivalent to the transferred foreign reserve assets (9), the euro equivalent of the foreign reserve assets which have already been transferred to the ECB under Article 30.1 of the Statute is EUR 41 514 271 945,60.

               (4)

               The foreign reserve assets to be transferred by Banka Slovenije should be denominated in US dollars and gold.

               (5)

               Article 30.3 of the Statute provides that the ECB must credit each NCB of a participating Member State with a claim equivalent to the foreign reserve assets that it has transferred to the ECB. The provisions regarding the denomination and remuneration of the claims that have already been credited to the NCBs of the existing participating Member States (10) should also apply to the denomination and remuneration of Banka Slovenije's claim.

               (6)

               Article 49.2 of the Statute provides that the NCB of a Member State whose derogation has been abrogated must contribute to the ECB's reserves, to those provisions equivalent to reserves, and to the amount still to be appropriated to the reserves and provisions corresponding to the balance of the profit and loss account as at 31 December of the year prior to abrogation of the derogation. The amount of this contribution is determined in accordance with Article 49.2 of the Statute.

               (7)

               In accordance with Article 3.5 of the Rules of Procedure of the European Central Bank, the Governor of Banka Slovenije has been invited to attend the meeting of the Governing Council adopting this Decision,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Definitions
   For the purposes of this Decision:

               —

               ‘participating Member State’ means a Member State that has adopted the euro,

               —

               ‘cash’ means the lawful currency of the United States (US dollar),

               —

               ‘gold’ means fine troy ounces of gold in the form of London Good Delivery bars, as specified by the London Bullion Market Association,

               —

               ‘foreign reserve assets’ means gold or cash.

         Article 2
   Payment of capital
   1.   With effect from 1 January 2007, Banka Slovenije shall pay up the remaining share of its subscription to the ECB's capital, which corresponds to EUR 17 096 556,47.
   2.   Banka Slovenije shall pay this amount to the ECB on 2 January 2007 by means of a transfer through the Trans-European Automated Real-time Gross settlement Express Transfer system (Target).
   3.   Banka Slovenije shall, by means of a separate Target transfer, pay to the ECB on 2 January 2007 the interest accruing during the period from 1 January 2007 until 2 January 2007 on the amount due to the ECB under paragraph 2.
   4.   Any interest accruing under paragraph 3 shall be calculated on a daily basis, using the actual over-360-day method of calculation, at a rate equal to the marginal interest rate used by the European System of Central Banks (ESCB) in that of its most recent main refinancing operation.
   Article 3
   Transfer of foreign reserve assets
   1.   Banka Slovenije shall transfer to the ECB, with effect from 1 January 2007 and in accordance with this Article and the arrangements taken pursuant to it, an amount of foreign reserve assets denominated in US dollars and gold that is equivalent to EUR 191 641 809,33, as follows:

               Euro-equivalent amount of US dollars

               Euro-equivalent amount of gold

               Aggregate euro-equivalent amount

               162 895 537,93

               28 746 271,40

               191 641 809,33

         2.   The euro-equivalent amounts of foreign reserve assets to be transferred by Banka Slovenije under paragraph 1 shall be calculated on the basis of the exchange rates between the euro and the US dollar established as a result of the 24-hour written consultation procedure on 29 December 2006 between those central banks that participate in that procedure and, in the case of gold, on the basis of the US dollar price of gold per fine troy ounce established in the London gold fixing at 10.30 a.m., London time, on 29 December 2006.
   3.   The ECB shall confirm to Banka Slovenije as soon as possible the amounts calculated in accordance with paragraph 2.
   4.   Banka Slovenije shall transfer cash to the ECB to such accounts as are specified by the ECB. The settlement date for the cash to be transferred to the ECB is 2 January 2007. Banka Slovenije shall give instructions for the transfer of cash to the ECB on the settlement date.
   5.   Banka Slovenije shall transfer gold on such dates, to such accounts and at such locations as are specified by the ECB.
   6.   The difference, if any, between the aggregate euro-equivalent amount mentioned in paragraph 1 and the amount mentioned in Article 4(1) shall be settled in accordance with the Agreement of 30 December 2006 between the European Central Bank and Banka Slovenije regarding the claim credited to Banka Slovenije by the European Central Bank under Article 30.3 of the Statute of the European System of Central Banks and of the European Central Bank (11).
   Article 4
   Denomination, remuneration and maturity of the claim equivalent to Banka Slovenije's contribution
   1.   With effect from 1 January 2007, and subject to the specifications in Article 3 regarding the settlement dates of the transfers of foreign reserve assets, the ECB shall credit Banka Slovenije with a claim denominated in euro, equivalent to the aggregate euro amount of Banka Slovenije's contribution of foreign reserve assets, which corresponds to EUR 183 995 237,74.
   2.   The claim credited by the ECB to Banka Slovenije shall be remunerated. The interest accruing shall be calculated on a daily basis, using the actual over-360-day method of calculation, at a rate equivalent to 85 % of the marginal interest rate used by the ESCB in that of its most recent main refinancing operation.
   3.   The claim shall be remunerated at the end of each financial year. The ECB shall inform Banka Slovenije on a quarterly basis of the cumulative amount.
   4.   The claim shall not be redeemable.
   Article 5
   Contribution to the ECB's reserves and provisions
   1.   With effect from 1 January 2007 and in accordance with paragraphs 5 and 6 and Article 3, Banka Slovenije shall contribute to the ECB's reserves, to those provisions equivalent to reserves, and to the amount still to be appropriated to the reserves and provisions corresponding to the balance of the profit and loss account as at 31 December 2006.
   2.   The amount to be contributed by Banka Slovenije shall be determined in accordance with Article 49.2 of the Statute. The references in Article 49.2 to the ‘number of shares subscribed by the central bank concerned’ and the ‘number of shares already paid up by the other central banks’ shall refer to the weightings of Banka Slovenije and the NCBs of the existing participating Member States, respectively, in the ECB's capital key, pursuant to Decision ECB/2006/21.
   3.   For the purposes of paragraph 1, ‘the ECB's reserves’ and ‘provisions equivalent to reserves’ shall include, inter alia, the ECB's general reserve fund, balances on revaluation accounts and provisions for foreign exchange rate, interest rate and gold price risks.
   4.   At the latest on the first working day following the Governing Council's approval of the ECB's annual accounts for the year 2006, the ECB shall calculate and confirm to Banka Slovenije the amount to be contributed by Banka Slovenije under paragraph 1.
   5.   On the second working day following the Governing Council's approval of the ECB's annual accounts for the year 2006, Banka Slovenije shall, by means of two separate Target transfers, pay to the ECB

               (a)

               the amount due to the ECB under paragraph 4; and

               (b)

               the interest accruing during the period from 1 January 2007 until that date, on the amount due to the ECB under paragraph 4.

         6.   Any interest accruing under paragraph 5 b) shall be calculated on a daily basis, using the actual over-360-day method of calculation, at a rate equal to the marginal interest rate used by the ESCB in that of its most recent main refinancing operation.
   Article 6
   Final provision
   This Decision shall enter into force on 1 January 2007.

      Done at Frankfurt am Main, 30 December 2006.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 195, 15.7.2006, p. 25.

      (2)  Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ L 236, 23.9.2003, p. 33).

      (3)  Decision ECB/2004/6OJ L 205, 9.6.2004, p. 7

      (4)  See page 1 of this Official Journal.

      (5)  OJ L 205, 9.6.2004, p. 19.

      (6)  Decision ECB/2003/17 (OJ L 9, 15.1.2004, p. 27).

      (7)  Decision ECB/2004/5 (OJ L 205, 9.6.2004, p. 5).

      (8)  Not yet published in the Official Journal.

      (9)  See page 9 of this Official Journal.

      (10)  Guideline ECB/2000/15 (OJ L 336, 30.12.2000, p. 114).

      (11)  Not yet published in the Official Journal.


Avis juridique important

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31990D0062

90/62/EEC: Council Decision of 12 February 1990 granting a Community guarantee to the European Investment Bank against losses under loans for projects in Hungary and Poland

Official Journal L 042 , 16/02/1990 P. 0068 - 0068 Finnish special edition: Chapter 1 Volume 2 P. 0121  Swedish special edition: Chapter 1 Volume 2 P. 0121

*****COUNCIL  DECISION  of 12 February 1990  granting a Community guarantee to the European Investment Bank against losses under loans for projects in Hungary and Poland  (90/62/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas the peoples of Hungary and Poland (hereinafter referred to as 'the two countries') have close historic relationships with the peoples of the Community; whereas these relations have been strengthened by the recent trade and cooperation agreements; whereas these two countries are undertaking major political and social reforms;  Whereas the two countries have embarked upon a fundamental economic reform;  Whereas these economic reforms will significantly contribute to a strong development of mutually beneficial economic and commercial relationships between the two countries and the Community; whereas these intensified relationships will therefore promote throughout the Community a harmonious development of economic activities;  Whereas there is a great need for capital investment in the two countries; whereas this capital investment requires external finance; whereas the Community as well as 12 other countries have agreed to cooperate with a view to aiding the two countries; whereas the European Investment Bank (hereinafter called 'the Bank') could make an important contribution;  Whereas the Council has invited the Bank, and the Bank has agreed, to make loans for capital investment projects carried out in the two countries under the guarantee provided in this Decision;  Whereas the Bank and the Commission should fix the terms on which this guarantee is to be given,  HAS DECIDED AS FOLLOWS:  Sole Article  The Community shall fully guarantee the European Investment Bank in case the Bank does not receive the payments due under any loan in Hungary and Poland.  To this end, the Bank and the Commission shall fix the terms on which the guarantee shall be given.  Done at Brussels, 12 February 1990.  For the Council  The President  A. REYNOLDS  (1) OJ No C 283, 9. 11. 1989, p. 10.  (2) OJ No C 15, 22. 1. 1990.


title: Council Decision of 31 March 2011 on the signing, on behalf of the Union, and provisional application of a Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation

text:
               9.9.2011

               EN

               Official Journal of the European Union

               L 232/1

         COUNCIL DECISION
   of 31 March 2011
   on the signing, on behalf of the Union, and provisional application of a Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation
   (2011/530/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) and Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Commission has negotiated a Memorandum of Cooperation with the International Civil Aviation Organization providing a framework for enhanced cooperation (Memorandum of Cooperation) in accordance with the mandate adopted by the Council on 17 December 2009 authorising the Commission to open negotiations.

               (2)

               The Memorandum of Cooperation was initialled by both parties on 27 September 2010 during the course of the 37th Assembly of the International Civil Aviation Organization in Montréal.

               (3)

               The Memorandum of Cooperation should be signed and applied on a provisional basis, pending the completion of the procedures for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation (Memorandum of Cooperation) is hereby approved on behalf of the Union, subject to the conclusion of the said Memorandum of Cooperation.
   The text of the Memorandum of Cooperation is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Memorandum of Cooperation on behalf of the Union.
   Article 3
   The Memorandum of Cooperation shall be applied on a provisional basis as from the date of signature thereof pending the completion of the procedures for its conclusion (1).
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 31 March 2011.

            For the Council

            The President

         VÖLNER P.

      (1)  The date of signature of the Memorandum of Cooperation will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               9.9.2011

               EN

               Official Journal of the European Union

               L 232/1

         MEMORANDUM OF COOPERATION
   between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation
   THE EUROPEAN UNION (EU),
   and
   THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO),
   hereafter referred to as ‘the Parties’,
   RECALLING the Convention on International Civil Aviation signed at Chicago on 7 December 1944 (hereinafter referred to as the ‘Chicago Convention’) and in particular Articles 55(a) and 65 thereof,
   RECALLING the Treaty on the Functioning of the European Union and in particular Articles 218 and 220 thereof,
   BEARING IN MIND ICAO Assembly Resolution A1-10, which authorised the ICAO Council to make appropriate arrangements with public international organisations whose activities affect international civil aviation, particularly with regard to technical collaboration, exchange of information and documents, attendance at meetings, and such other matters as may promote effective cooperation,
   RECALLING the ICAO Policy and Framework for Cooperation with respect to Regional Civil Aviation Bodies and Regional Organizations aimed at, inter alia, concluding cooperation agreements with such bodies and organisations, as recommended by an EC/ICAO Symposium on regional organisations, which took place on 10-11 April 2008 in Montréal,
   TAKING INTO ACCOUNT that most ICAO Standards in the fields of aviation safety, aviation security, air traffic management and environmental protection are addressed in relevant EU law,
   TAKING INTO ACCOUNT the Memorandum of Cooperation (MOC) between the European Aviation Safety Agency (EASA) and the International Civil Aviation Organization (ICAO) Regarding Safety Oversight Audit and Related Matters, signed in Montréal on 21 March 2006,
   TAKING INTO ACCOUNT the Memorandum of Cooperation between the European Community and the International Civil Aviation Organization Regarding Security Audits/Inspections and Related Matters, signed in Montréal on 17 September 2008,
   WHEREAS the European Community and the United Nations signed on 29 April 2003 a new Financial and Administrative Framework Agreement (FAFA) to which ICAO adhered through an Agreement with the European Community signed on 7 December 2004,
   WHEREAS this Memorandum of Cooperation does not supersede or prejudge existing forms of cooperation between the Parties as long as they remain in force,
   HAVING REGARD to ICAO Assembly Resolution A36-2 which, inter alia, recognises that the establishment of regional and sub-regional safety oversight systems, including regional safety oversight organisations, has great potential to assist States in complying with their obligations under the Chicago Convention through economies of scale and harmonisation on a larger scale, and which also requests the Secretary General to continue to foster coordination and cooperation between ICAO Universal Safety Oversight Audit Programmes (USOAP) and audit programmes of other organizations related to aviation safety, and furthermore directs the Council to promote the concept of regional and sub-regional safety oversight systems, including regional safety oversight organisations,
   WHEREAS the Parties share the vision of achieving the highest degree of uniformity of European operational regulations, requirements and procedures with a view to achieving compliance with ICAO standards contained in the Annexes to the Chicago Convention for the sake of aviation safety, aviation security, air traffic management and environmental protection,
   WHEREAS each Party plays an important role in achieving this goal,
   WHEREAS the Parties wish to engage and communicate with each other on regional cooperation,
   WHEREAS the EU has adopted common rules in the fields of aviation safety and aviation security and the European Aviation Safety Agency (EASA) and the European Commission conduct inspections in Member States of the EU to monitor the application of those rules,
   CONSIDERING that in the EU, the European Commission has enforcement powers to ensure the implementation of EU legislation in the fields of aviation safety, aviation security, air traffic management and environmental protection,
   CONSIDERING that the primary objectives of the ICAO audit programmes and the EU’s inspection programmes are to enhance aviation safety and security by evaluating the implementation of respective standards, identifying deficiencies, if any, and ensuring the rectification of deficiencies in the EU, where necessary,
   WHEREAS the EU has established an office in Montréal with a view to facilitating the strengthening of relations and cooperation between the EU and ICAO and enabling increased participation and contributions by the EU in ICAO’s activities at ICAO Headquarters,
   CONSIDERING that, without prejudice to the rights or obligations of EU Member States under the Chicago Convention or to the relationship between EU Member States and ICAO resulting from their membership of ICAO, it is desirable to establish mutual cooperation between the EU and ICAO in the areas of aviation safety, aviation security, air traffic management and environmental protection in a manner ensuring greater harmonisation of standards and closer coordination of respective activities and with a view to achieving better use of limited resources and avoiding duplication of efforts while preserving the integrity of both Parties,
   WHEREAS the Parties recognise the necessity to protect, to the extent required under their respective rules, classified information received from the other Party,
   HAVE AGREED AS FOLLOWS:
   1.   General provisions
   The Parties agree to strengthen their relationship and establish closer cooperation in the fields of aviation safety, aviation security, air traffic management and environmental protection and facilitate, in accordance with established rules of procedure, their participation in activities and attendance at meetings as observer through the signing of this Memorandum of Cooperation (MOC) for the benefit of international civil aviation.
   This MOC is without prejudice to the rights or obligations of EU Member States under the Chicago Convention or to the relationship between ICAO and the EU Member States resulting from Member States’ membership of ICAO.
   This MOC shall not cover or extend to any ICAO or EU decision-making, including on standardisation or rule-making matters, but shall establish regulatory cooperation in the preparation stages of such activities.
   The Office of the European Union in Montréal, which represents the EU at ICAO’s Headquarters, shall facilitate EU-ICAO relations and serve as the main EU contact point for ICAO in all matters relating to the implementation of this MOC.
   2.   Objectives

               2.1.

               This MOC shall:

                           (a)

                           establish a framework for enhanced relations between the Parties;

                           (b)

                           strengthen cooperation between the Parties;

                           (c)

                           identify areas of mutual cooperation between the Parties; and

                           (d)

                           establish the terms, conditions and mechanisms for implementing cooperation between the Parties.

         3.   Scope

               3.1.

               This MOC shall establish cooperation between the Parties in the following areas:

                           (a)

                           aviation safety;

                           (b)

                           aviation security;

                           (c)

                           air traffic management; and

                           (d)

                           environmental protection.

               3.2.

               Each of the areas referred to in paragraph 3.1 of this Article shall be the subject of separate Annexes to the MOC.

               3.3.

               The Parties may establish working arrangements specifying the mutually agreed mechanisms and procedures necessary to effectively implement cooperation activities established in the Annexes to this MOC.

               3.4.

               The Annexes adopted pursuant to this MOC shall form an integral part of this MOC.

         4.   Forms of cooperation

               4.1.

               The Parties shall:

                           (a)

                           establish mechanisms for consultation, coordination and cooperation and exchange of information;

                           (b)

                           facilitate the harmonisation of performance requirements and interoperability of new technologies and systems;

                           (c)

                           coordinate respective audit and inspection programmes and results and technical assistance activities with a view to making better use of limited resources and avoiding duplication of efforts;

                           (d)

                           exchange information on compliance with ICAO Standards;

                           (e)

                           establish arrangements for the EU to offer expertise and resources to ICAO, including in the form of secondments under the exclusive authority of the Secretary General, technical assistance and specialised training, where practicable;

                           (f)

                           allow participation by one Party in the activities of the other Party relating to audit and inspection programmes and training programmes, as appropriate, while EU observers may participate in ICAO audit missions of EU States only with the consent of the latter, EU experts participating in ICAO audits under secondment as ICAO auditors shall keep any information related to the audit mission as strictly confidential in accordance with applicable ICAO rules; and

                           (g)

                           without prejudice to non-disclosure obligations of either party and subject to the application of respective confidentiality rules as laid down in Article 6, share electronic information, data and official publications and provide mutual access to databases and strengthen links between them in order to complement each other’s existing databases.

         5.   Cooperation activities

               5.1.

               The Parties agree, as specified in the Annexes to this MOC, to jointly execute the following cooperation activities. The Parties shall:

                           5.1.1.

                           Establish mechanisms for consultation, cooperation and information sharing, including the following:

                                       (a)

                                       establish and implement joint mechanisms for regular dialogue, consultation and information sharing;

                                       (b)

                                       ensure that each Party is kept informed, in a timely manner, about decisions, activities, initiatives, meetings and events of relevance to this MOC in the areas of aviation safety, aviation security, air traffic management and environmental protection, and receives relevant documentation. Where appropriate, briefings may be conducted;

                                       (c)

                                       provide access free of charge to all official documents and publications;

                                       (d)

                                       make databases and information on websites available to the other Party; and

                                       (e)

                                       ensure that the EU receives and has electronic access to all ICAO State letters whose subject matter is relevant to the scope of this MOC and its Annexes.

                           5.1.2.

                           Establish cooperative frameworks to better coordinate audit and inspection programmes with a view to making better use of limited resources and avoiding duplication of efforts.

                           5.1.3.

                           Establish joint mechanisms for close coordination of programme planning and technical assistance.

                           5.1.4.

                           Cooperate in promoting global interoperability of new technologies and systems and establish joint mechanisms to strengthen cooperation with regard to the use of new technologies.

                           5.1.5.

                           Ensure timely mutual consultation with a view to achieving improved coordination and coherence between regulations, policies, approaches and ICAO Standards and Recommended Practices (SARPs).

                           5.1.6.

                           Establish working arrangements to facilitate the exchange of expertise and resources as follows:

                                       (a)

                                       ICAO shall provide the EU with expertise and advice on best practices to implement SARPs;

                                       (b)

                                       the EU shall provide expertise to ICAO, including in the form of secondments to the ICAO Secretariat;

                                       (c)

                                       the EU shall endeavour to provide ICAO with a financial contribution to cover costs incurred pursuant to the implementation of this MOC, including administrative costs, supply of documentation and publications and related services, use of room facilities at ICAO Headquarters and information technology costs;

                                       (d)

                                       the EU shall endeavour to provide ICAO with financial contributions for supporting ICAO technical cooperation programmes and for other ICAO activities to be agreed within the Joint Committee, consistent with the Financial and Administrative Framework Agreement (FAFA); and

                                       (e)

                                       any new framework and terms and conditions for secondments and financial contributions to ICAO in the framework of this MOC shall be established in working arrangements for that purpose agreed in the Joint Committee. These working arrangements shall include the possibility for the EU to request ICAO for financial information in the framework of those contributions.

                           5.1.7.

                           Inform each other about any relevant training programmes and facilitate participation by the other Party, as appropriate.

                           5.1.8.

                           Organise relevant events jointly and coordinate events, where appropriate.

         6.   Confidentiality

               6.1.

               Each Party shall take all reasonable precautions necessary to protect information received under this MOC and its Annexes from unauthorised disclosure. A Party may, upon providing information to the other Party, designate the portions of the information that it considers to be exempt from disclosure.

               6.2.

               The Parties agree to safeguard, to the extent required under their respective rules, regulations and legislation, the protection of classified information received from the other Party in application of this MOC and its Annexes.

               6.3.

               In particular, subject to their respective rules, regulations and legislation, the Parties shall not disclose information received from each other under this MOC and its Annexes that is considered proprietary. Such information shall be appropriately marked as such in accordance with their respective rules.

               6.4.

               The Parties shall agree on working arrangements on further procedures for the protection of classified information provided pursuant to this MOC and its Annexes, as required. Such procedures shall include the possibility for each Party to verify which protection measures have been put in place by the other Party.

         7.   Joint Committee of the Parties

               7.1.

               A Joint Committee is established, composed of representatives of each Party. The Joint Committee shall be co-chaired by one representative of each Party. The Joint Committee shall be responsible for the effective functioning of the Annexes to this MOC, including the adoption of the Annexes.

               7.2.

               A meeting of the Joint Committee shall be convened at least once a year to review the implementation of the Annexes to this MOC and shall be organised cost-effectively. Either Party may request a meeting of the Joint Committee at any time.

               7.3.

               The Joint Committee may consider any matter related to the functioning and implementation of the Annexes to this MOC. In particular, it shall be responsible for:

                           (a)

                           resolving any question relating to the application and implementation of the Annexes to this MOC;

                           (b)

                           considering ways to enhance the operation of the Annexes to this MOC and make, as appropriate, recommendations to the Parties for their amendment;

                           (c)

                           adopting Annexes to this MOC and working arrangements within the scope of the Annexes or amendments thereto;

                           (d)

                           considering financial and resource-related issues related to the implementation of the MOC and its Annexes; and

                           (e)

                           resolving any difference or dispute concerning the interpretation or application of this MOC and its Annexes.

               7.4.

               The Joint Committee shall operate on the basis of agreement between the chairpersons of each Party.

         8.   Dispute resolution

               8.1.

               Either Party may request consultations with the other Party on any matter related to this MOC. The other Party shall reply promptly to such a request and shall enter into consultations at a time agreed by the Parties within 45 days.

               8.2.

               The Parties shall make every effort to resolve any differences between them arising from their cooperation under this MOC at the lowest possible technical level by consultation.

               8.3.

               In the event that any difference is not resolved as provided for in paragraph 8.2 of this Article, either Party may refer the dispute to the Joint Committee, which shall consult on the matter, in accordance with Article 7 of this MOC, with a view to resolving it by negotiation.

               8.4.

               Notwithstanding paragraphs 8.1 to 8.3 of this Article, the dispute resolution provisions of the FAFA shall be applied when addressing any dispute arising from an issue of financial management.

               8.5.

               Nothing in this MOC shall be deemed as a waiver of any privilege or immunity of the Parties.

         9.   Entry into force, amendments and termination

               9.1.

               Pending its entry into force, this MOC shall be applied provisionally from the date of signature.

               9.2.

               This MOC shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed and shall remain in force until terminated.

               9.3.

               This MOC may be terminated at any time by either Party. Such termination shall be effected by 6 months’ written notice to the other Party unless the said notice of termination has been withdrawn by mutual consent of the Parties before the expiry of this period.

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

         За Международната организация за гражданско въздухоплаване
         Por la Organización Internacional de Aviación Civil
         Za Mezinárodní organizaci pro civilní letectví
         For Organisationen for International Civil Luftfart
         Für die Internationale Zivilluftfahrt-Organisation
         Rahvusvahelise Tsiviillennunduse Organisatsiooni nimel
         Για τη Διεθνή Οργάνωση Πολιτικής Αεροπορίας
         For The International Civil Aviation Organisation
         Pour l’Organisation de l’aviation civile internationale
         Per l’Organizzazione internazionale dell’aviazione civile
         Starptautiskās Civilās aviācijas organizācijas vārdā
         Tarptautinės Civilinės aviacijos organizacijos vardu
         A Nemzetközi Polgári Repülési Szervezet részéről
         Għall-Organizzazzjoni tal-Avjazzjoni Ċivili Internazzjonali
         Voor de Internationale Burgerluchtvaartorganisatie
         W imieniu Organizacji Międzynarodowego Lotnictwa Cywilnego
         Pela Organização da Aviação Civil Internacional
         Pentru Organizația Aviației Civile Internaționale
         Za Medzinárodnú organizáciu civilného letectva
         Za Mednarodno organizacijo civilnega letalstva
         Kansainvälisen siviili-ilmailujärjestön puolesta
         För internationella civila luftfartsorganisationen


title: Council Decision 2011/781/CFSP of 1 December 2011 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)

text:
               2.12.2011

               EN

               Official Journal of the European Union

               L 319/51

         COUNCIL DECISION 2011/781/CFSP
   of 1 December 2011
   on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and, in particular, Article 28, Articles 42(4) and 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 8 December 2009, the Council adopted Decision 2009/906/CFSP (1) on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH). That Decision expires on 31 December 2011.

               (2)

               EUPM should be continued until 30 June 2012.

               (3)

               The command and control structure of EUPM should be without prejudice to the contractual responsibilities of the Head of Mission towards the Commission for implementing the budget of EUPM.

               (4)

               The Watch-Keeping Capability should be activated for EUPM.

               (5)

               EUPM will be conducted in the context of a situation which may deteriorate and could impede the achievement of the Union's external action as set out in Article 21 of the Treaty on European Union (TEU),

         HAS ADOPTED THIS DECISION:
   Article 1
   Mission
   1.   The European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH), established by Joint Action 2002/210/CFSP (2), shall be continued from 1 January 2012 until 30 June 2012.
   2.   EUPM shall operate in accordance with the mission statement as set out in Article 2 and shall carry out the key tasks as set out in Article 3.
   Article 2
   Mission statement
   As part of the broader rule of law approach in BiH and in the region, EUPM shall support BiH relevant Law Enforcement Agencies (LEAs) and the criminal justice system in the fight against organised crime and corruption, in enhancing the interaction between police and prosecutors and in fostering regional and international cooperation.
   EUPM shall provide operational advice to the European Union Special Representative (EUSR) to support him in his role. Through its work and its network within the country, EUPM shall contribute to overall efforts to ensure that the Union is fully informed of developments in BiH.
   With a view to the closure of the mission, EUPM shall prepare a hand-over of the remaining key tasks to the EUSR Office.
   EUPM shall support the temporary arrangements for Common Security and Defence Policy (CSDP) warehousing pending the formation of permanent warehousing arrangements.
   Article 3
   Mission key tasks
   In order to accomplish its mission, the key tasks of EUPM shall be to:

               (1)

               provide strategic advice to LEAs and political authorities in BiH on combating organised crime and corruption;

               (2)

               promote and facilitate coordination and cooperation mechanisms vertically as well as horizontally between relevant LEAs, with a particular focus on State level agencies;

               (3)

               ensure a successful hand-over between EUPM and the EUSR Office;

               (4)

               contribute to the coordination of Union and Member States' efforts in the field of the rule of law.

         Article 4
   Structure of the Mission
   1.   EUPM shall consist of the following elements:

               (a)

               main headquarters in Sarajevo, composed of the Head of the Mission and staff as defined in the Operation Plan (OPLAN);

               (b)

               four Field Offices in Sarajevo, Banja Luka, Mostar and Tuzla.

         2.   These elements shall be subject to further detailed arrangements in the OPLAN.
   Article 5
   Civilian Operation Commander
   1.   The Civilian Planning and Conduct Capability Director shall be the Civilian Operation Commander for EUPM.
   2.   The Civilian Operation Commander, under the political control and strategic direction of the Political and Security Committee (PSC) and the overall authority of the High Representative of the Union for Foreign Affairs and Security Policy (HR), shall exercise command and control of EUPM at the strategic level.
   3.   The Civilian Operation Commander shall ensure proper and effective implementation of the Council's decisions as well as the PSC's decisions, including by issuing instructions at the strategic level as required to the Head of Mission and providing him with advice and technical support.
   4.   All seconded staff shall remain under the full command of the national authorities of the seconding State or Union institution concerned. National authorities shall transfer Operational Control of their personnel, teams and units to the Civilian Operation Commander.
   5.   The Civilian Operation Commander shall have overall responsibility for ensuring that the Union's duty of care is properly discharged.
   6.   The Civilian Operation Commander and the EUSR shall consult each other as required.
   Article 6
   Head of Mission
   1.   The Head of Mission shall assume responsibility for, and exercise command and control of, EUPM at theatre level.
   2.   The Head of Mission shall exercise command and control over personnel, teams and units from contributing States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility including over assets, resources and information placed at the disposal of EUPM.
   3.   The Head of Mission shall issue instructions to all EUPM staff for the effective conduct of EUPM in theatre, assuming its coordination and day-to-day management, and following the instructions at the strategic level of the Civilian Operation Commander.
   4.   The Head of Mission shall be responsible for the implementation of EUPM's budget. For this purpose, the Head of Mission shall sign a contract with the Commission.
   5.   The Head of Mission shall be responsible for disciplinary control over staff. For seconded staff, disciplinary action shall be exercised by the national or Union authority concerned.
   6.   The Head of Mission shall represent EUPM in the operations area and shall ensure its appropriate visibility.
   7.   The Head of Mission shall coordinate, as appropriate, with other Union actors on the ground. The Head of Mission shall, without prejudice to the chain of command, receive local political guidance from the EUSR.
   Article 7
   EUPM Staff
   1.   The numbers and competence of EUPM staff shall be consistent with the mission statement set out in Article 2, the mission key tasks set out in Article 3 and the structure set out in Article 4.
   2.   EUPM shall consist primarily of staff seconded by Member States or Union institutions. Each Member State or Union institution shall bear the costs relating to any of the staff seconded by it, including travel expenses to and from the place of deployment, salaries, medical coverage and allowances other than applicable daily allowances, as well as hardship and risk allowances.
   3.   International civilian staff and local staff may also be recruited by EUPM, as required, on a contractual basis, if the functions required are not provided by personnel seconded by Member States. Exceptionally, in duly justified cases, where no qualified applications from Member States are available, nationals from participating third States may be recruited on a contractual basis, as appropriate.
   4.   All staff shall abide by the Mission-specific minimum security operating standards and the Mission security plan supporting the Union field security policy. As regards the protection of EU classified information with which staff are entrusted in the course of their duties, all staff shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (3).
   Article 8
   Status of Mission and EUPM staff
   1.   The necessary arrangements shall be made regarding the continuation of the Agreement between the Union and BiH of 4 October 2002 on the activities of EUPM in BiH for the duration of EUPM.
   2.   The State or Union institution having seconded a staff member shall be responsible for answering any claims linked to the secondment, from or concerning the staff member. The State or Union institution in question shall be responsible for bringing any action against the seconded person.
   3.   The conditions of employment and the rights and obligations of international and local civilian staff shall be laid down in the contracts between the Head of Mission and the staff member.
   Article 9
   Chain of command
   1.   EUPM shall have a unified chain of command, as a crisis management operation.
   2.   Under the responsibility of the Council and the HR, the PSC shall exercise political control and strategic direction of EUPM.
   3.   The Civilian Operation Commander, under the political control and strategic direction of the PSC and the overall authority of the HR, shall be the commander of EUPM at the strategic level and, as such, shall issue instructions to the Head of Mission and provide him with advice and technical support.
   4.   The Civilian Operation Commander shall report to the Council through the HR.
   5.   The Head of Mission shall exercise command and control of EUPM at theatre level and shall be directly responsible to the Civilian Operation Commander.
   Article 10
   Political control and strategic direction
   1.   The PSC shall exercise, under the responsibility of the Council and the HR, political control and strategic direction of EUPM. The Council hereby authorises the PSC to take the relevant decisions for this purpose in accordance with the third paragraph of Article 38 TEU. This authorisation shall include the powers to appoint a Head of Mission, upon a proposal by the HR, and to amend the Concept of Operations (CONOPS) and the OPLAN. The powers of decision with respect to the objectives and termination of EUPM shall remain vested in the Council.
   2.   The PSC shall report to the Council at regular intervals.
   3.   The PSC shall receive, on a regular basis and as required, reports by the Civilian Operation Commander and the Head of Mission on issues within their areas of responsibility.
   Article 11
   Participation of third States
   1.   Without prejudice to the decision-making autonomy of the Union and its single institutional framework, third States may be invited to contribute to EUPM, provided that they bear the cost of the staff seconded by them, including salaries, all risk insurance cover, daily subsistence allowances and travel expenses to and from BiH, and that they contribute to the running costs of EUPM, as appropriate.
   2.   Third States contributing to EUPM shall have the same rights and obligations in terms of day-to-day management of EUPM as Member States.
   3.   The Council hereby authorises the PSC to take the relevant decisions on acceptance of the proposed contributions and to establish a Committee of Contributors.
   4.   Detailed arrangements regarding the participation of third States shall be covered by agreements concluded pursuant to Article 37 TEU and in accordance with Article 218 of the Treaty on the Functioning of the European Union. The HR may negotiate such agreements. Where the Union and a third State conclude an agreement establishing a framework for the participation of that third State in Union crisis-management operations, the provisions of that agreement shall apply in the context of EUPM.
   Article 12
   Financial arrangements
   1.   The financial reference amount to cover the expenditure related to EUPM for the period from 1 January 2012 to 30 June 2012 shall be EUR 5 250 000.
   2.   All expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the Union. In accordance with the Financial Regulation, the Head of Mission may conclude technical arrangements with Member States, participating third States, and other international actors regarding the provision of equipment, services and premises to EUPM. The Head of Mission shall be responsible for the management of a warehouse stocking used equipment that may also be used to respond to urgent requirements in CSDP deployments. Nationals of participating third States and host country nationals shall be allowed to tender for contracts.
   3.   The Head of Mission shall report fully to, and be supervised by, the Commission regarding the activities undertaken in the framework of his contract.
   4.   The financial arrangements shall respect the operational requirements of EUPM, including compatibility of equipment and interoperability of its teams.
   5.   The expenditure related to EUPM shall be eligible as of 1 January 2012.
   Article 13
   Security
   1.   The Civilian Operation Commander shall direct the Head of Mission's planning of security measures and ensure their proper and effective implementation for EUPM in accordance with Articles 5 and 9, in coordination with the Security Directorate of the European External Action Service (EEAS).
   2.   The Head of Mission shall be responsible for the security of EUPM and for ensuring compliance with minimum security requirements applicable to EUPM, in line with the policy of the Union on the security of personnel deployed outside the Union in an operational capacity under Title V of the TEU, and its supporting instruments.
   3.   The Head of Mission shall be assisted by a Senior Mission Security Officer (SMSO), who shall report to the Head of Mission and also maintain a close functional relationship with the Security Directorate of the EEAS.
   4.   The Head of Mission, in consultation with the Security Directorate of the EEAS, shall appoint Area Security Officers in the four field offices, who, under the authority of the SMSO, shall be responsible for the day-to-day management of all security aspects of the respective EUPM elements.
   5.   EUPM staff shall undergo mandatory security training before taking up their duties, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the SMSO.
   Article 14
   Coordination
   1.   Without prejudice to the chain of command, the Head of Mission shall act in close coordination with the Union Delegation in BiH to ensure consistency of Union action in support of BiH.
   2.   The Head of Mission shall coordinate closely with the Union Heads of Missions in BiH.
   3.   The Head of Mission shall cooperate with the other international actors present in the country, in particular Organisation for Security and Cooperation in Europe, the Council of Europe and the International Criminal Investigation Training Assistance Programme.
   Article 15
   Release of classified information
   1.   The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of EUPM, EU classified information and documents up to ‘RESTREINT UE’ level generated for the purposes of EUPM, in accordance with Decision 2011/292/EU.
   2.   In the event of a specific and immediate operational need, the HR shall also be authorised to release to the host State any EU classified information and documents up to ‘RESTREINT UE’ level which are generated for the purposes of EUPM, in accordance with Decision 2011/292/EU. In all other cases, such information and documents shall be released to the host State in accordance with the appropriate procedures for cooperation by the host State with the Union.
   3.   The HR shall be authorised to release to the third States associated with this Decision any EU non-classified documents connected with the deliberations of the Council relating to EUPM and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (4).
   Article 16
   Watch-Keeping Capability
   The Watch-Keeping Capability shall be activated for EUPM.
   Article 17
   Entry into force
   This Decision shall enter into force on the day of its adoption.
   It shall apply from 1 January 2012 until 30 June 2012.

      Done at Brussels, 1 December 2011.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 322, 9.12.2009, p. 22.

      (2)  OJ L 70, 13.3.2002, p. 1.

      (3)  OJ L 141, 27.5.2011, p. 17.

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


title: Council Decision (EU) 2015/2108 of 16 November 2015 establishing the position to be taken on behalf of the European Union within the Council for Trade in Services of the World Trade Organisation to notify the preferential treatment the Union intends to grant to services and service suppliers of least developed country Members, and to seek approval for preferential treatment going beyond market access

text:
               21.11.2015

               EN

               Official Journal of the European Union

               L 305/47

         COUNCIL DECISION (EU) 2015/2108
   of 16 November 2015
   establishing the position to be taken on behalf of the European Union within the Council for Trade in Services of the World Trade Organisation to notify the preferential treatment the Union intends to grant to services and service suppliers of least developed country Members, and to seek approval for preferential treatment going beyond market access
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 91 and 100 and the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article IX of the Marrakesh Agreement establishing the World Trade Organisation (‘WTO’) sets out, inter alia, the procedures for waiving obligations imposed on WTO Members by that Agreement or by the Multilateral Trade Agreements in Annexes 1A or 1B or 1C to that Agreement and their annexes.

               (2)

               In 2011, a waiver was requested enabling WTO Members to grant preferential treatment to services and service suppliers of least developed country Members (‘LDC Members’) without according the same treatment to like services and service suppliers of all other WTO Members by exceptionally derogating from the obligation under paragraph 1 of Article II of the General Agreement on Trade in Services (‘GATS’). The position of the Union in support of that waiver was adopted by Council Decision 2012/8/EU (1).

               (3)

               On 17 December 2011, the Ministerial Conference of the WTO adopted a decision authorising WTO Members to grant such preferential treatment to services and service suppliers of LDC Members for a period of 15 years. Pursuant to that decision, WTO Members according preferential treatment are to submit a notification to the Council for Trade in Services (‘CTS’) and preferential treatment with respect to the application of measures other than those described in Article XVI of the GATS is to be approved by the CTS in accordance with its procedures.

               (4)

               In its decision of 7 December 2013, the WTO Ministerial Conference restated the requirement of CTS approval with regard to the application of measures other than those described in Article XVI of the GATS.

               (5)

               The position of the Union to approve preferential treatment notified by WTO Members, other than the Union and its Member States, as regards services and service suppliers of LDC Members, on the application of measures other than those described in Article XVI of the GATS was adopted by Council Decision (EU) 2015/1570 (2).

               (6)

               In accordance with the decisions of 17 December 2011 and 7 December 2013 of the Ministerial Conference of the WTO, on 30 July 2015 the Union signalled to the CTS its intention to notify, subject to its required internal procedures, the preferential treatment which the Union intends to make available to services and service suppliers of LDC Members.

               (7)

               It is in the interest of the development objectives of the Union and conducive to the conclusion of a part of the negotiations on services relating to the Doha Development Agenda for the Union to seek approval for the preferential treatment beyond market access that it intends to grant to services and service suppliers of LDC Members, with special consideration for preferences granted with regard to the temporary stay of natural persons for the provision of services in order to create incentives for fulfilling readmission obligations under international law, implementing existing readmission agreements and concluding new ones, provided LDC Members cooperate with the Union on migration management.

               (8)

               It is appropriate to establish the position to be taken on the Union's behalf within the CTS to notify the preferential treatment the Union intends to grant to services and service suppliers of LDC Members, and to seek approval for preferential treatment going beyond market access,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on the Union's behalf within the CTS shall be to notify to the CTS the preferential treatment that the Union intends to grant to services and service suppliers of LDC Members as set out in WTO document S/C/N/840, in accordance with the decisions of 17 December 2011 and 7 December 2013 of the WTO Ministerial Conference, and to seek approval within the CTS with regard to the preferential treatment going beyond market access.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 16 November 2015.

            For the Council

            The President

         F. ETGEN

      (1)  Council Decision 2012/8/EU of 14 December 2011 establishing the position to be taken by the European Union within the Ministerial Conference of the World Trade Organisation as regards a request for granting a waiver in order to give preferential treatment to services and service suppliers of least-developed countries (OJ L 4, 7.1.2012, p. 16).

      (2)  Council Decision (EU) 2015/1570 of 18 September 2015 establishing the position to be taken on behalf of the European Union within the Council for Trade in Services of the World Trade Organization on the approval of preferential treatment notified by WTO Members, other than the Union and its Member States, as regards services and service suppliers of least-developed country Members, on the application of measures other than those described in Article XVI of the GATS (OJ L 245, 22.9.2015, p. 6).