title: Commission Decision (EU) 2015/535 of 27 March 2015 authorising the Kingdom of Denmark to ratify the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (notified under document C(2015) 1994)

text:
               31.3.2015

               EN

               Official Journal of the European Union

               L 86/152

         COMMISSION DECISION (EU) 2015/535
   of 27 March 2015
   authorising the Kingdom of Denmark to ratify the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance

         (notified under document C(2015) 1994)

   (Only the Danish text is authentic)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2006/325/EC of 27 April 2006 concerning the conclusion of the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1), and in particular Article 1a thereof,
   Having regard to the request made by the Kingdom Denmark (hereinafter referred to as ‘Denmark’) by letter of 5 August 2013,
   Whereas:

               (1)

               In accordance with Article 5(2) of the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (2) (hereinafter referred to as ‘the Agreement between the European Union and Denmark’), Denmark must abstain from entering into international agreements which could affect or alter the scope of Council Regulation (EC) No 44/2001 (3), unless it is done in agreement with the European Union and satisfactory arrangements have been made with regard to the relationship between the Agreement between the European Union and Denmark, on the one hand, and the international agreement in question, on the other hand.

               (2)

               In accordance with Article 3(2) of the Agreement between the European Union and Denmark, Denmark has by letter of 14 January 2009 notified the Commission of its decision to implement the contents of Council Regulation (EC) No 4/2009 (4) to the extent that it amends Regulation (EC) No 44/2001 (5). In accordance with Article 3(6) of the Agreement between the European Union and Denmark, the Danish notification created mutual obligations under international law between Denmark and the European Union. Regulation (EC) No 4/2009 thus constitutes an amendment to the Agreement between the European Union and Denmark to the extent that it amends Regulation (EC) No 44/2001 and is considered annexed thereto.

               (3)

               On 5 August 2013 Denmark requested the European Union's agreement for its proposed ratification of the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (hereinafter referred to as ‘the Maintenance Convention’).

               (4)

               The matters governed by the Maintenance Convention are also the subject of Regulation (EC) No 4/2009, as a result of which the Maintenance Convention affects this Regulation. The European Union's agreement for Denmark to ratify the Maintenance Convention is therefore necessary in so far as the Maintenance Convention affects Regulation (EC) No 4/2009, which itself amends Regulation (EC) No 44/2001.

               (5)

               In accordance with Article 1a of Decision 2006/325/EC, as amended by Council Decision 2009/942/EC (6), for the purpose of applying Article 5(2) of the Agreement between the European Union and Denmark, the Commission must assess, before taking a decision expressing the European Union's agreement, whether the international agreement envisaged by Denmark would not render the Agreement between the European Union and Denmark ineffective and would not undermine the proper functioning of the system established by its rules.

               (6)

               The European Union signed the Maintenance Convention on the basis of Council Decision 2011/220/EU (7). The European Union concluded the Maintenance Convention on the basis of Council Decision 2011/432/EU (8). The instrument of approval was deposited on 9 April 2014, following the amendment to the annexes to Decision 2011/432/EU (9).

               (7)

               In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark did not take part in the adoption of the above Council Decisions and is not bound by them or subject to their application. It will be bound by the Maintenance Convention only as a separate contracting party.

               (8)

               Under these circumstances and taking into account that the Convention entered into force on 1 August 2014 in all the Member States of the Union other than Denmark, the Commission considers that ratification by Denmark of the Maintenance Convention would not render the Agreement between the European Community and Denmark ineffective and would not undermine the proper functioning of the system established by its rules. Furthermore, the ratification by Denmark of the Maintenance Convention will not affect the conditions on which the European Union itself acceded to this Convention.

               (9)

               Accordingly, the European Union should authorise Denmark to ratify the Maintenance Convention,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Commission, on behalf of the European Union, authorises Denmark to ratify the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance.
   Article 2
   This Decision is addressed to the Kingdom of Denmark.

      Done at Brussels, 27 March 2015.

            For the Commission

         Věra JOUROVÁ

            Member of the Commission

      (1)  OJ L 120, 5.5.2006, p. 22.

      (2)  OJ L 299, 16.11.2005, p. 62.

      (3)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 12, 16.1.2001, p. 1).

      (4)  Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1).

      (5)  OJ L 149, 12.6.2009, p. 80.

      (6)  Council Decision 2009/942/EC of 30 November 2009 amending Decision 2006/325/EC to provide for a procedure for the implementation of Article 5(2) of the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 331, 16.12.2009, p. 24).

      (7)  Council Decision 2011/220/EU of 31 March 2011 on the signing, on behalf of the European Union, of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (OJ L 93, 7.4.2011, p. 9).

      (8)  Council Decision 2011/432/EU of 9 June 2011 on the approval, on behalf of the European Union, of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (OJ L 192, 22.7.2011, p. 39).

      (9)  Council Decision 2014/218/EU of 9 April 2014 amending Annexes I, II and III to Decision 2011/432/EU on the approval, on behalf of the European Union, of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (OJ L 113, 16.4.2014, p. 1).


title: 2010/110/CFSP: Council Decision 2010/110/CFSP of 22 February 2010 extending the mandate of the European Union Special Representative for Sudan

text:
               23.2.2010

               EN

               Official Journal of the European Union

               L 46/20

         COUNCIL DECISION 2010/110/CFSP
   of 22 February 2010
   extending the mandate of the European Union Special Representative for Sudan
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and, in particular, Articles 28, 31(2) and 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 19 April 2007, the Council adopted Decision 2007/238/CFSP (1) appointing Mr Torben BRYLLE European Union Special Representative (EUSR) for Sudan.

               (2)

               On 16 February 2009, the Council adopted Joint Action 2009/134/CFSP (2) amending and extending the mandate of the EUSR until 28 February 2010.

               (3)

               The mandate of the EUSR should be extended until 31 August 2010. However, the mandate of the EUSR may be terminated earlier, if the Council so decides, on a recommendation of the High Representative of the Union for Foreign Affairs and Security Policy (HR) following the entry into force of the decision establishing the European External Action Service.

               (4)

               The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Torben BRYLLE as the European Union Special Representative (EUSR) for Sudan is hereby extended until 31 August 2010. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a recommendation of the HR following the entry into force of the decision establishing the European External Action Service.
   Article 2
   Policy objectives
   The mandate of the EUSR shall be based on the policy objectives of the European Union (EU) in Sudan, notably as regards efforts, as part of the international community and in support of the African Union (AU) and the United Nations (UN), to assist the Sudanese parties, the AU and the UN to achieve a political settlement of the conflict in Darfur, including through the implementation of the Darfur Peace Agreement (DPA) and to facilitate the implementation of the Comprehensive Peace Agreement (CPA) and to promote South-South dialogue, as well as facilitating the implementation of the Eastern Sudan Peace Agreement (ESPA), with due regard to the regional ramifications of these issues and to the principle of African ownership.
   Article 3
   Mandate
   1.   In order to achieve the policy objectives, the EUSR's mandate shall be to:

               (a)

               liaise with the AU, the Government of Sudan, the Government of Southern Sudan, the Darfur armed movements and other Sudanese parties as well as Darfur civil society and non-governmental organisations and maintain close collaboration with the UN and other relevant international actors, with the aim of pursuing the Union's policy objectives;

               (b)

               represent the Union at the Darfur-Darfur dialogue, at high-level meetings of the Joint Commission, as well as other relevant meetings as requested;

               (c)

               represent the Union, whenever possible, at the CPA and DPA Assessment and Evaluation Commissions;

               (d)

               follow developments regarding the implementation of the ESPA;

               (e)

               ensure coherence between the Union's contribution to crisis management in Darfur and the overall political relationship of the Union with Sudan;

               (f)

               with regard to human rights, including the rights of children and women, and the fight against impunity in Sudan, follow the situation and maintain regular contacts with the Sudanese authorities, the AU and the UN, in particular with the Office of the High Commissioner for Human Rights, the human rights observers active in the region and the Office of the Prosecutor of the International Criminal Court.

         2.   For the purpose of the fulfilment of his mandate, the EUSR shall, inter alia:

               (a)

               maintain an overview of all activities of the Union;

               (b)

               support the political process and activities relating to the implementation of the CPA, the DPA and the ESPA; and

               (c)

               follow up and report on compliance by the Sudanese parties with the relevant UN Security Council Resolutions, notably 1556 (2004), 1564 (2004), 1591 (2005), 1593 (2005), 1672 (2006), 1679 (2006), 1706 (2006), 1769 (2007) and 1778 (2007).

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate acting under the authority of the HR.
   2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March 2010 to 31 August 2010 shall be EUR 1 410 000.
   2.   The expenditure financed by the amount stipulated in paragraph 1 shall be eligible as from 1 March 2010. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of his team.
   2.   Member States and institutions of the Union may propose the secondment of staff to work with the EUSR. The salary of personnel who are seconded by a Member State or an institution of the Union to the EUSR shall be covered by the Member State or the institution of the Union concerned respectively. Experts seconded by Member States to the General Secretariat of the Council may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State or Union institution and shall carry out their duties and act in the interest of the mandate of the EUSR.
   4.   Offices of the EUSR shall be maintained in Khartoum and in Juba, comprising a Political Advisor and the necessary administrative and logistic support staff. In accordance with the EUSR's mandate as described in Article 3, a sub-office in Darfur may also be established if the existing Offices in Khartoum and Juba cannot provide all necessary support to EUSR staff deployed in the Darfur region.
   Article 7
   Privileges and immunities of the EUSR and his staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host party/parties as appropriate. Member States and the Commission shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of his team shall respect the security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (3), in particular when managing EU classified information.
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegation and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with his mandate and the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, notably by:

               (a)

               establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and including a mission contingency and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

               (c)

               ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

         Article 11
   Reporting
   1.   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report as necessary to Council working parties. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports.
   2.   The EUSR shall regularly report to the PSC on the situation in Darfur and on the situation in Sudan as a whole.
   Article 12
   Coordination
   1.   The EUSR shall promote overall Union political coordination. He shall help to ensure that all Union instruments in the field are engaged coherently to attain the Union's policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region as appropriate. The EUSR shall provide Member States' missions and the Union's delegations with regular briefings.
   2.   In the field, close liaison shall be maintained with the Head of the Union delegation and Member States' Heads of Mission. They shall make best efforts to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the HR, the Council and the Commission with a mandate implementation report at the end of the mandate.
   Article 14
   Entry into force
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 March 2010.
   Article 15
   Publication
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 February 2010.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 103, 20.4.2007, p. 52.

      (2)  OJ L 46, 17.2.2009, p. 57.

      (3)  OJ L 101, 11.4.2001, p. 1.


Avis juridique important

|

32004D0010

2004/10/EC: Commission Decision of 5 November 2003 establishing the European Banking Committee (Text with EEA relevance)

Official Journal L 003 , 07/01/2004 P. 0036 - 0037

Commission Decisionof 5 November 2003establishing the European Banking Committee(Text with EEA relevance)(2004/10/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) In June 2001, the Commission adopted Decisions 2001/527/EC(1) and 2001/528/EC(2) setting up the Committee of European Securities Regulators and the European Securities Committee respectively.(2) In its Resolutions of 5 February and 21 November 2002, the European Parliament endorsed the four-level approach advocated in the Final Report of the Committee of Wise Men on the regulation of European securities markets and called for certain aspects of that approach to be extended to the banking and insurance sectors subject to a clear Council commitment to reform to guarantee a proper institutional balance.(3) On 3 December 2002, the Council invited the Commission to implement such arrangements in the fields of banking and insurance and occupational pensions and to establish as soon as possible new committees in an advisory capacity in relation to those fields.(4) Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking up and pursuit of the business of credit institutions(3) established the Banking Advisory Committee to advise the Commission in the development of legislation and assist the Commission in the exercise of its implementing powers in the banking field.(5) The Commission has proposed a Directive modifying, inter alia, Directive 2000/12/EC, Council Directive 93/6/EEC of 15 March 1993 on the capital adequacy of investment firms and credit institutions(4), Directive 94/19/EC of the European Parliament and of the Council of 30 May 1994 on deposit-guarantee schemes(5), and Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council(6), to repeal the advisory functions of the Banking Advisory Committee.(6) Such an amendment requires the corresponding and simultaneous creation of a new advisory group to advise the Commission as regards the development of Community banking legislation, to be called the "European Banking Committee".(7) To avoid duplication, the Decision shall enter into force at the same time as any Directive repealing the purely advisory functions of the Banking Advisory Committee.(8) When the European Banking Committee provides advice on provisions applicable to both credit institutions and investment firms, its composition should be such as to ensure that the perspective of investment firms is taken into account.(9) The establishment of the European Banking Committee should not rule out other forms of cooperation between the different authorities involved in the regulation and supervision of credit institutions, in particular within the Committee of European Banking Supervisors established by Commission Decision 2004/5/EC(7),HAS DECIDED AS FOLLOWS:Article 1An advisory group on banking activities in the Community, called the "European Banking Committee", hereinafter referred to as "the Committee", is hereby established.Article 2The Committee shall advise the Commission, at the Commission's request, on policy issues relating to banking activities as well as Commission proposals in that field.Article 3The Committee shall be composed of high level representatives of Member States. The Committee shall be chaired by a representative of the Commission.The Chairperson of the Committee of European Banking Supervisors established by Commission Decision 2004/5/EC shall participate at the meetings of the Committee as an observer. The European Central Bank shall be represented as observer.The Commission may invite experts and observers to attend meetings.The secretariat shall be provided by the Commission.Article 4The Committee shall adopt its rules of procedure. The Committee shall meet at regular intervals and whenever the situation demands. The Commission may convene an emergency meeting if it considers that the situation so requires.Article 5This Decision shall enter into force on the same day as the entry into force of any directive repealing the purely advisory functions of the Banking Advisory Committee.Done at Brussels, 5 November 2003.For the CommissionFrederik BolkesteinMember of the Commission(1) OJ L 191, 13.7.2001, p. 43.(2) OJ L 191, 13.7.2001, p. 45.(3) OJ L 126, 26.5.2000, p. 1.(4) OJ L 141, 11.6.1993, p. 1.(5) OJ L 135, 31.5.1994, p. 5.(6) OJ L 35, 11.2.2003, p. 1.(7) See page 28 of this Official Journal.


title: Council Decision (EU) 2016/1790 of 12 February 2016 on the conclusion of Revision 3 of the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’)

text:
               11.10.2016

               EN

               Official Journal of the European Union

               L 274/2

         COUNCIL DECISION (EU) 2016/1790
   of 12 February 2016
   on the conclusion of Revision 3 of the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 thereof, in conjunction with Article 218(6)(a) thereof,
   Having regard to Council Decision 97/836/EC of 27 November 1997 on the accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approvals granted on the basis of these prescriptions (1), and in particular Article 5(1) thereof and Annex III, point 3, thereto,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (2),
   Whereas:

               (1)

               The United Nations Economic Commission for Europe Agreement concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approvals granted on the basis of these prescriptions (‘the Agreement’) entered into force on 16 October 1995.

               (2)

               Article 13 of the Agreement provides for amendments regarding the Agreement itself and of its Appendices to be adopted by means of a notification by a Contracting Party of the text of the proposed amendments to the Secretary-General of the United Nations, who is to transmit it to all Contracting Parties. If no Contracting Party expresses an objection within a period of six months following the date of transmission of the proposed amendments by the Secretary-General, the amendments are to enter into force for all Contracting Parties three months after the expiry of that six months' period.

               (3)

               WP.29 agreed, at its 150th session in March 2010, to establish an informal group with a view to assisting WP.29 in considering actions on the future direction for the harmonisation of vehicle regulations under the Agreement. This future direction should aim at fostering the participation of more countries and regional economic integration organisations in the activities of the World Forum and to increase the number of Contracting Parties to the Agreement, by improving its functioning and reliability, and thus ensuring that it remains the key international framework for the harmonisation of technical regulations in the automotive sector.

               (4)

               On 15 July 2013, the Council authorised the Commission to open negotiations within WP.29 to amend the Agreement. The Commission has negotiated, on behalf of the Union, proposals for amending the Agreement within the informal group established by WP.29.

               (5)

               WP.29 at its 162th session in March 2014 took note of the proposals for Revision 3 of the Agreement prepared by the informal group, and invited Contracting Parties to the Agreement to start their national procedures for consideration of the proposals for amending the Agreement.

               (6)

               At its 164th session in November 2014, WP.29 took note of a proposal submitted by a number of Contracting Parties to the Agreement to increase the voting majority threshold for the establishment of new UN Regulations and amendments to existing UN Regulations, from the two-thirds to a four-fifths majority. The representative of the Union announced the intention to establish a coordinated position of the EU Member States on this proposal.

               (7)

               The proposals for Revision 3 of the Agreement and for increasing the voting majority threshold from two thirds to four fifths meet the negotiation objectives specified in the Council Decision authorising the Commission to open negotiations within WP.29 for Revision 3 of the Agreement.

               (8)

               Therefore, Articles 1 to 15 and Appendices 1 and 2 of the Agreement should be amended accordingly.

               (9)

               Those amendments to the Agreement should be approved on behalf of the Union.

               (10)

               An informal vote will be organised by WP.29 to verify whether the consent of all Contracting Parties can be obtained for those amendments to the Agreement before launching the procedure specified in Article 13 thereof for amending it. The Union should vote in favour of those modifications.

               (11)

               After the informal vote in WP.29 has confirmed that consent of all Contracting Parties on the proposed amendments to the Agreement has been obtained, the President of the Council should nominate the representative of the Union empowered to notify, as provided for in point 3 of Annex III to Decision 97/836/EC, the text of the proposed amendments to the Secretary-General of the United Nations, in accordance with the procedure set out in Article 13.1 of the Agreement,

         HAS ADOPTED THIS DECISION:
   Article 1
   Revision 3 of the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approvals granted on the basis of these prescriptions is hereby approved on behalf of the Union.
   The text of Revision 3 of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall designate the person empowered to proceed, on behalf of the Union, with the notification provided for in Article 13.1 of the Agreement, in order to initiate the procedure for the conclusion of Revision 3 of the Agreement and to express the consent of the European Union to be bound by Revision 3 of the Agreement.
   Article 3
   This Decision shall enter into force on the date of publication in the Official Journal of the European Union
       (3).

      Done at Brussels, 12 February 2016.

            For the Council

            The President

         J.R.V.A. DIJSSELBLOEM

      (1)  OJ L 346, 17.12.1997, p. 78.

      (2)  Consent of 7 June 2016 (not yet published in the Official Journal).

      (3)  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.


title: 2006/963/EC: Council Decision of 18 December 2006 concerning the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and Brazil relating to the modification of concessions in the schedules 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 in the course of accession to the European Community

text:
               30.12.2006

               EN

               Official Journal of the European Union

               L 397/10

      COUNCIL DECISION

   of 18 December 2006
   concerning the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and Brazil relating to the modification of concessions in the schedules 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 in the course of accession to the European Community
   (2006/963/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 22 March 2004 the Council authorised the Commission to open negotiations with certain other Members of the WTO under Article XXIV.6 of the GATT 1994, in the course of the accessions to the European Union 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.

               (2)

               Negotiations have been conducted by the Commission in consultation with the Committee established by Article 133 of the Treaty and within the framework of the negotiating directives issued by the Council.

               (3)

               The Commission has finalised negotiations for an Agreement in the form of an Exchange of Letters between the European Community and Brazil.

               (4)

               The Agreement in the form of an Exchange of Letters should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and Brazil relating to the modification of concessions in the schedules 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 in the course of accession to the European Community, is hereby approved on behalf of the Community.
   The text of the Agreement in the form of an Exchange of Letters 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 in the form of an Exchange of Letters in order to bind the Community.

      Done at Brussels, 18 December 2006.

            For the Council

            The President

         J.-E. ENESTAM

         AGREEMENT

      in the form of an Exchange of Letters between the European Community and Brazil relating to the modification of concessions in the schedules 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 in the course of accession to the European Community
      Geneva, 18 December 2006
      Sir,
      Following the initiation of negotiations between the European Communities (EC) and Brazil under Article XXIV:6 and Article XXVIII of GATT 1994 for the modification of concessions in the schedules 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 in the course of their accession to the EC, the following is agreed between the EC and Brazil in order to conclude the negotiations initiated following the EC's notification of 19 January 2004 to the WTO pursuant to Article XXIV:6 of GATT 1994.
      The EC agrees to incorporate in its schedule for the customs territory of EC 25, the concessions that were included in its previous schedule of EC 15.
      The EC agrees that it will incorporate in its schedule for the EC 25 the concessions contained in the Annex to this Agreement.
      This Agreement shall enter into force upon the date on which the EC and Brazil have exchanged letters of agreement, following consideration by the parties in accordance with their own procedures. The EC shall use its best endeavours to put in place the appropriate implementing measures before 1 November and no later than 1 January 2007.

            On behalf of the European Community

         ANNEX

                     —

                     a country allocated (Brazil) tariff rate quota 10 124 tonnes of raw cane sugar for refining (tariff item number 1701 1110), at in-quota rate of EUR 98/t,

                     —

                     a country allocated (Brazil) tariff rate quota 2 332 tonnes of ‘cuts of fowls of the species Gallus domesticus’ (tariff item numbers 0207 1410, 0207 1450, 0207 1470), at in-quota rate of 0 %,

                     —

                     add 49 tonnes (erga omnes) in the EC tariff rate quota for ‘chicken carcass, fresh, chilled or frozen’, (tariff item numbers 0207 1110, 0207 1130, 0207 1190, 0207 1210, 0207 1290), at in-quota rate of EUR 131-162/t,

                     —

                     add 4 070 tonnes (erga omnes) in the EC tariff rate quota for ‘chicken cuts, fresh, chilled or frozen’ (tariff item numbers 0207 1310, 0207 1320, 0207 1330, 0207 1340, 0207 1350, 0207 1360, 0207 1370, 0207 1420, 0207 1430, 0207 1440, 0207 1460), at in-quota rate of EUR 93-512/t,

                     —

                     add 1 605 tonnes (erga omnes) in the EC tariff rate quota for ‘cuts of fowls’ (tariff item number 0207 1410), at in-quota rate of EUR 795/t,

                     —

                     add 201 tonnes (erga omnes) in the EC tariff rate quota for ‘turkey meat, fresh, chilled or frozen’ (tariff item numbers 0207 2410, 0207 2490, 0207 2510, 0207 2590, 0207 2610, 0207 2620, 0207 2630, 0207 2640, 0207 2650, 0207 2660, 0207 2670, 0207 2680, 0207 2730, 0207 2740, 0207 2750, 0207 2760, 0207 2770), at in-quota rate of EUR 93-425/t,

                     —

                     add 2 485 tonnes (erga omnes) in the EC tariff rate quota for ‘turkey cuts, frozen’ (tariff item numbers 0207 2710, 0207 2720, 0207 2780), at in-quota rate of 0 %,

                     —

                     open a tariff rate quota 242 074 tonnes (erga omnes) for maize (tariff item numbers 1005 9000, 1005 1090), at in-quota rate of 0 %,

                     —

                     open a tariff rate quota 2 838 tonnes (erga omnes) for preserved pineapples, citrus fruit, pears, apricots, cherries, peaches and strawberries (tariff item numbers 2008 2011, 2008 2019, 2008 2031, 2008 2039, 2008 2071, 2008 3011, 2008 3019, 2008 3031, 2008 3039, 2008 3079, 2008 4011, 2008 4019, 2008 4021, 2008 4029, 2008 4031, 2008 4039, 2008 5011, 2008 5019, 2008 5031, 2008 5039, 2008 5051, 2008 5059, 2008 5071, 2008 6011, 2008 6019, 2008 6031, 2008 6039, 2008 6060, 2008 7011, 2008 7019, 2008 7031, 2008 7039, 2008 7051, 2008 7059, 2008 8011, 2008 8019, 2008 8031, 2008 8039, 2008 8070), at in-quota rate of 20 %,

                     —

                     open a tariff rate quota 7 044 tonnes (erga omnes) for fruit juices (tariff item numbers 2009 1111, 2009 1119, 2009 1911, 2009 1919, 2009 2911, 2009 2919, 2009 3911, 2009 3919, 2009 4911, 2009 4919, 2009 7911, 2009 7919, 2009 8011, 2009 8019, 2009 8032, 2009 8033, 2009 8035, 2009 8036, 2009 8038, 2009 9011, 2009 9019, 2009 9021, 2009 9029), at in-quota rate of 20 %,

                     —

                     eliminate the ad valorem duty of 9 % on protein concentrates (tariff item number 2106 1080),

                     —

                     open a tariff rate quota 107 tonnes (erga omnes) for chocolate (tariff item number 1 806), at in-quota rate of 43 %,

                     —

                     reduce the EC bound duty of EUR 11,2 MIN 22,0/100 kg/net MAX EUR 56,0/100 kg/net to EUR 10 MIN 22,0/100 kg/net MAX EUR 56,0/100 kg/net for tobacco (tariff item number 2401 1090),

                     —

                     adjust the description of the EC tariff rate quota for high quality beef (5 000 tonnes) to: ‘boneless high quality meat of bovine animals fresh, chilled or frozen’, indicating supplying country Brazil.

      Geneva, 18 December 2006
      Sir,
      Reference is made to your letter stating:

         ‘Following the initiation of negotiations between the European Communities (EC) and Brazil under Article XXIV:6 and Article XXVIII of GATT 1994 for the modification of concessions in the schedules 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 in the course of their accession to the EC, the following is agreed between the EC and Brazil in order to conclude the negotiations initiated following the EC's notification of 19 January 2004 to the WTO pursuant to Article XXIV:6 of GATT 1994.
         The EC agrees to incorporate in its schedule for the customs territory of EC 25, the concessions that were included in its previous schedule of EC 15.
         The EC agrees that it will incorporate in its schedule for the EC 25 the concessions contained in the Annex to this agreement.
         This Agreement shall enter into force upon the date on which the EC and Brazil have exchanged letters of agreement, following consideration by the parties in accordance with their own procedures. The EC shall use its best endeavours to put in place the appropriate implementing measures before 1 November and no later than 1 January 2007.’.

      I hereby have the honour to express my Government's agreement.

            On behalf of the Government of the Federative Republic of Brazil


title: Council Decision (EU) 2016/1836 of 10 October 2016 appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions

text:
               18.10.2016

               EN

               Official Journal of the European Union

               L 280/27

         COUNCIL DECISION (EU) 2016/1836
   of 10 October 2016
   appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Austrian Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 13 May 2016, by Council Decision (EU) 2016/814 (4), Ms Elisabeth VITOUCH was replaced by Ms Muna DUZDAR as an alternate member.

               (2)

               An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Muna DUZDAR,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mr Peter FLORIANSCHÜTZ, Abgeordneter zum Wiener Landtag und Mitglied des Gemeinderats der Stadt Wien.

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 10 October 2016.

            For the Council

            The President

         G. MATEČNÁ

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).

      (4)  Council Decision (EU) 2016/814 of 13 May 2016 appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions (OJ L 133, 24.5.2016, p. 8).


Avis juridique important

|

31975Y0419(02)

ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS: DECISION NO 98 OF 4 FEBRUARY 1975 CONCERNING THE APPLICATION OF ARTICLE 14 ( 1 ) ( A ) ( I ) OF REGULATION ( EEC ) NO 1408/71

Official Journal C 088 , 19/04/1975 P. 0002 Spanish special edition: Chapter 05 Volume 2 P. 0056  Portuguese special edition Chapter 05 Volume 2 P. 0056

++++ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS  DECISION NO 98  OF 4 FEBRUARY 1975  CONCERNING THE APPLICATION OF ARTICLE 14 ( 1 ) ( A )  ( I ) OF REGULATION ( EEC ) NO 1408/71  THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS ,  HAVING REGARD TO ARTICLE 81 ( A ) OF COUNCIL REGULATION ( EEC ) NO 1408/71 OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY , UNDER WHICH IT IS MADE RESPONSIBLE FOR DEALING WITH ALL ADMINISTRATIVE QUESTIONS ARISING FROM REGULATION ( EEC ) NO 1408/71 AND FROM COUNCIL REGULATION ( EEC ) NO 574/72 OF 21 MARCH 1972 FIXING THE PROCEDURE FOR IMPLEMENTING THE FORMER REGULATION ;  WHEREAS ARTICLE 11 OF REGULATION ( EEC ) NO 574/72 PROVIDES THAT A CERTIFICATE OF POSTING IS TO BE ISSUED TO THE WORKER , AT HIS OWN OR HIS EMPLOYER'S REQUEST IF THE NECESSARY CONDITIONS ARE FULFILLED ;  WHEREAS THESE CONDITIONS HAVE BEEN LAID DOWN IN ARTICLE 14 ( 1 ) ( A ) ( I ) OF REGULATION ( EEC ) NO 1408/71 ;  WHEREAS ARTICLE 11 OF REGULATION ( EEC ) NO 574/72 DOES NOT PRESCRIBE ANY TIME LIMIT FOR THE ISSUING OF THE CERTIFICATE OF POSTING ,  HAS DECIDED AS FOLLOWS :  1 . THE INSTITUTION REFERRED TO IN ARTICLE 11 OF REGULATION ( EEC ) NO 574/72 SHALL ISSUE A CERTIFICATE OF POSTING ( FORM E 101 ) , EVEN IF THE CERTIFICATE IS REQUESTED AFTER THE WORKER HAS ALREADY BEEN POSTED , TO THE WORKER WHO FULFILS THE CONDITIONS LAID DOWN IN ARTICLE 14 ( 1 ) ( A ) ( I ) OF REGULATION ( EEC ) NO 1408/71 .  2 . THIS DECISION SHALL APPLY FROM THE FIRST DAY OF THE MONTH FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  THE CHAIRMAN OF THE ADMINISTRATIVE COMMISSION  F . HYNES


title: 2011/290/EU: Council Decision of 13 May 2011 on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes

text:
               20.5.2011

               EN

               Official Journal of the European Union

               L 133/1

         COUNCIL DECISION
   of 13 May 2011
   on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes
   (2011/290/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114, 168, 169, 172, 173(3), 188 and 192, in conjunction with Article 218(6)(a) and the first subparagraph of Article 218(8) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part (2), on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes (hereinafter referred to as ‘the Protocol’) was signed on behalf of the Union on 22 November 2010.

               (2)

               As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

               (3)

               The Protocol should be concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes (3) (hereinafter referred to as ‘the Protocol’) is hereby approved on behalf of the European Union.
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 10 of the Protocol.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 13 May 2011.

            For the Council

            The President

         MARTONYI J.

      (1)  Consent of 6 April 2011.

      (2)  OJ L 49, 19.2.1998, p. 3.

      (3)  OJ L 18, 21.1.2011, p. 3.


title: 2011/397/EU: Decision of the European Central Bank of 21 June 2011 on the environmental and health and safety accreditation procedures for the production of euro banknotes (ECB/2011/8)

text:
               5.7.2011

               EN

               Official Journal of the European Union

               L 176/52

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 21 June 2011
   on the environmental and health and safety accreditation procedures for the production of euro banknotes
   (ECB/2011/8)
   (2011/397/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128(1) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 16 thereof,
   Whereas:

               (1)

               Article 128(1) of the Treaty and Article 16 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’) provide that the European Central Bank (ECB) has the exclusive right to authorise the issue of euro banknotes within the Union. This right includes the competence to take measures to protect the integrity of euro banknotes as a means of payment.

               (2)

               The Union’s environmental policy is based on the principle of environmental integration, as laid down in Article 11 of the Treaty, according to which environmental protection requirements must be integrated into the definition and implementation of the Union’s policies and activities, in particular with a view to promoting sustainable development. Bearing this principle in mind, the Eurosystem promotes good environmental management based on the ISO 14000 series of standards.

               (3)

               According to Article 9 of the Treaty, in defining and implementing its policies and activities, the Union shall take into account requirements, inter alia, linked to the protection of human health. Bearing this principle in mind, the avoidance and minimisation of any risks to the health and safety of the general public and of the workers involved in the production of euro banknotes or of euro banknote raw materials is of paramount importance to the Eurosystem. The Eurosystem supports good health and safety management in line with the policies of the European Agency for Safety and Health at Work (1) and the OHSAS 18000 series of standards.

               (4)

               For these reasons, environmental and health and safety accreditation procedures should be put in place to ensure that only manufacturers that conform with minimum environmental and health and safety requirements are accredited to carry out a euro banknote production activity.

               (5)

               In order to monitor the environmental and health and safety performance of the accredited manufacturers of euro banknotes and euro banknote raw materials as closely as possible, the ECB needs to regularly gather data from those manufacturers on the impact on the environment and on the health and safety of their production of euro banknotes and euro banknote raw materials,

         HAS ADOPTED THIS DECISION:
   SECTION I

      GENERAL PROVISIONS

   Article 1
   Definitions
   For the purposes of this Decision, the following definitions shall apply:

               (a)

               ‘NCB’ means the national central bank of a Member State whose currency is the euro;

               (b)

               ‘euro banknote raw materials’ means paper, ink, foil and thread used to produce euro banknotes;

               (c)

               ‘manufacturing site’ means any premises that a manufacturer uses, or wishes to use, for the production of euro banknotes or euro banknote raw materials;

               (d)

               ‘manufacturer’ means any entity that is, or wishes to be, involved in a euro banknote production activity;

               (e)

               ‘environmental accreditation’ means the status, the scope of which is set out in Article 3, granted by the ECB to a manufacturer confirming that its euro banknote production activity is in conformity with the requirements laid down in Section II;

               (f)

               ‘health and safety accreditation’ means the status, the scope of which is set out in Article 4, granted by the ECB to a manufacturer confirming that its euro banknote production activity is in conformity with the requirements laid down in Section III;

               (g)

               ‘accredited manufacturer’ means a manufacturer which has been granted environmental accreditation and health and safety accreditation;

               (h)

               ‘certification authority’ means an independent certification authority which evaluates manufacturers’ environmental or health and safety management systems and is accredited to certify that the manufacturer fulfils the requirements of the ISO 14000 or OHSAS 18000 series of standards;

               (i)

               ‘euro banknote production activity’ means the production of euro banknotes or of any euro banknote raw materials;

               (j)

               ‘ECB working day’ means a day from Monday to Friday, excluding ECB public holidays;

               (k)

               ‘plate making’ means the production of printing plates for the offset or intaglio printing technologies used for the production of euro banknotes;

               (l)

               ‘individual production’ means production composed of several batches made out of the same raw materials from the same suppliers, whereby the composition is homogeneous throughout, and does not introduce new substances, or the same substances with above the limit concentration variations, as specified by the ECB separately.

         Article 2
   General principles
   1.   A manufacturer may only carry out a euro banknote production activity if the ECB grants it environmental accreditation and health and safety accreditation for that activity.
   2.   The ECB requirements for environmental and health and safety accreditation shall be minimum requirements. Manufacturers may adopt and implement stricter environmental and/or health and safety standards, but the ECB shall only assess the manufacturer’s fulfilment of the requirements laid down in this Decision.
   3.   The Executive Board shall be competent to take all decisions relating to a manufacturer’s environmental and health and safety accreditation, taking into account the views of the Banknote Committee, and shall inform the Governing Council thereof.
   4.   An accredited manufacturer may only carry out a euro banknote production activity at the manufacturing sites for which it has been granted: (a) environmental accreditation; and (b) health and safety accreditation, notwithstanding any other accreditation granted pursuant to any other ECB legal act.
   5.   Any costs and associated losses that a manufacturer incurs in connection with the application of this Decision shall be borne by the manufacturer.
   6.   The ECB shall lay down separately technical details of the requirements to be fulfilled by manufacturers to obtain environmental and health and safety accreditation.
   Article 3
   Environmental accreditation
   1.   Accreditation on the basis of the ISO 14000 series of standards on environmental management systems shall follow the procedure set out in Section II. A manufacturer may only carry out a euro banknote production activity if the ECB has granted it environmental accreditation for that activity.
   2.   A manufacturer may be granted environmental accreditation for a euro banknote production activity provided that it fulfils all of the following conditions:

               (a)

               it conforms with the ISO 14001 standard at a particular manufacturing site for a particular euro banknote production activity and the certification authority has issued a certificate to that effect;

               (b)

               where it is a printing works, its manufacturing site is located in a Member State;

               (c)

               where it is not a printing works, its manufacturing site is located in a Member State or in a Member State of the European Free Trade Association.

         3.   The Executive Board may grant exemptions to the location requirement set out in paragraph 2(b) and (c) on a case-by-case basis, taking into account the views of the Banknote Committee. Any such decision shall be promptly notified to the Governing Council. The Executive Board shall abide by any decision of the Governing Council on this issue.
   4.   Environmental accreditation shall be granted to a manufacturer for 3 years, subject to any decision taken pursuant to Article 13 or 14.
   5.   The ECB’s prior written consent shall be required for an environmental accredited manufacturer to outsource the production of euro banknotes or euro banknote raw materials to another manufacturing site or to any third party, including the manufacturer’s subsidiaries and associated companies.
   Article 4
   Health and safety accreditation
   1.   Accreditation on the basis of the OHSAS 18001 standard on health and safety management systems shall follow the procedure set out in Section III. A manufacturer may only carry out a euro banknote production activity if the ECB has granted it health and safety accreditation for that activity.
   2.   A manufacturer may be granted health and safety accreditation for a euro banknote production activity provided that it fulfils all of the following conditions:

               (a)

               it conforms with the OHSAS 18001 standard at a particular manufacturing site for a particular euro banknote production activity and the certification authority has issued a certificate to that effect;

               (b)

               where it is a printing works, its manufacturing site is located in a Member State;

               (c)

               where it is not a printing works, its manufacturing site is located in a Member State or in a Member State of the European Free Trade Association.

         3.   The Executive Board may grant exemptions to the location requirement set out in paragraph 2(b) and (c) on a case-by-case basis, taking into account the views of the Banknote Committee. Any such decision shall be promptly notified to the Governing Council. The Executive Board shall abide by any decision of the Governing Council on this issue.
   4.   Health and safety accreditation shall be granted to a manufacturer for 3 years, subject to any decision taken pursuant to Articles 13 or 14.
   5.   The ECB’s prior written consent shall be required for a health and safety accredited manufacturer to outsource the production of euro banknotes or euro banknote raw materials to another manufacturing site or to any third party, including the manufacturer’s subsidiaries and associated companies.
   SECTION II

      ENVIRONMENTAL ACCREDITATION PROCEDURE

   Article 5
   Initiation request
   1.   A manufacturer that wishes to carry out a euro banknote production activity shall make a written request to the ECB to initiate the environmental accreditation procedure. The initiation request shall include all of the following:

               (a)

               a specification of the manufacturing site and its location;

               (b)

               a copy of the ISO 14001 certificate for the specified site;

               (c)

               a summary in English of the latest annual audit report issued by the certification authority;

               (d)

               an annual report in English describing the performance of its internal environmental management system using a template provided by the ECB.

         2.   The ECB shall check whether the documentation provided by the manufacturer in its initiation request is complete. It shall inform the manufacturer of the outcome of this evaluation within 30 ECB working days from the date of receipt of the initiation request. The ECB may extend this time limit once, with written notice to the manufacturer. While the ECB is carrying out this evaluation, it may request complementary information from the manufacturer in relation to the requirements listed in paragraph 1. If the ECB requests complementary information, it shall inform the manufacturer of the outcome of the evaluation within 20 ECB working days from the date of receipt of the complementary information.
   3.   The ECB shall reject the initiation request and inform the manufacturer in writing of its decision to do so and the reasons within the time limits specified in paragraph 2 if any of the following applies:

               (a)

               the manufacturer fails to provide the information required pursuant to paragraph 1;

               (b)

               it fails to supply any complementary information requested by the ECB pursuant to paragraph 2 within a reasonable period to be mutually agreed;

               (c)

               the environmental accreditation of the manufacturer has been revoked and the period of prohibition on reapplication specified in the revocation decision has not elapsed;

               (d)

               the location of the manufacturing site does not meet the requirements laid down in Article 3(2)(b) or (c).

         Article 6
   Environmental accreditation
   1.   In the event of a positive evaluation by the ECB of the initiation request pursuant to Article 5(2), the manufacturer shall be granted environmental accreditation.
   2.   The ECB’s decision granting the manufacturer environmental accreditation shall clearly identify:

               (a)

               the name of the manufacturer;

               (b)

               the manufacturing site for which environmental accreditation is granted and its exact address;

               (c)

               the date of expiry of the environmental accreditation;

               (d)

               any specific conditions relating to points (b) and (c).

         3.   Environmental accreditation shall be granted to a manufacturer for a renewable period of 3 years. If the environmental accredited manufacturer re-applies for environmental accreditation before the date of expiry of such accreditation, its environmental accreditation shall remain valid until the ECB has taken a decision pursuant to paragraph 1.
   4.   If the ECB rejects the request for environmental accreditation, the manufacturer may initiate the review procedure laid down in Article 15.
   SECTION III

      HEALTH AND SAFETY ACCREDITATION PROCEDURE

   Article 7
   Initiation request
   1.   A manufacturer that wishes to carry out a euro banknote production activity shall make a written request to the ECB to initiate the health and safety accreditation procedure. This initiation request shall include all of the following:

               (a)

               a specification of the manufacturing site and its location;

               (b)

               a copy of the OHSAS 18001 certificate for the specified site;

               (c)

               a summary in English of the latest annual audit report issued by the certification authority;

               (d)

               an annual report in English describing the performance of its internal management system on health and safety using a template provided by the ECB.

         2.   The ECB shall check whether the documentation provided by the manufacturer in its initiation request is complete. It shall inform the manufacturer of the outcome of this evaluation within 30 ECB working days from the date of receipt of the initiation request. The ECB may extend this time limit once with written notice to the manufacturer. While the ECB is carrying out this evaluation, it may request complementary information from the manufacturer in relation to the requirements listed in paragraph 1. If the ECB requests complementary information, it shall inform the manufacturer of the outcome of the evaluation within 20 ECB working days from the date of receipt of the complementary information.
   3.   The ECB shall reject the initiation request and inform the manufacturer in writing of its decision to do so and the reasons within the time limits specified in paragraph 2 if any of the following applies:

               (a)

               the manufacturer fails to provide the information required pursuant to paragraph 1;

               (b)

               it fails to supply any complementary information requested by the ECB pursuant to paragraph 2 within a reasonable period to be mutually agreed;

               (c)

               the health and safety accreditation of the manufacturer has been revoked and the period of prohibition on reapplication specified in the revocation decision has not elapsed;

               (d)

               the location of the manufacturing site does not meet the requirements laid down in Article 4(2)(b) or (c).

         Article 8
   Health and safety accreditation
   1.   In the event of a positive evaluation by the ECB of the initiation request pursuant to Article 7(2), the manufacturer shall be granted health and safety accreditation.
   2.   The ECB’s decision granting the manufacturer health and safety accreditation shall clearly identify:

               (a)

               the name of the manufacturer;

               (b)

               the manufacturing site for which health and safety accreditation is granted and its exact address;

               (c)

               the date of expiry of the health and safety accreditation;

               (d)

               any specific conditions relating to points (b) and (c).

         3.   Health and safety accreditation shall be granted to a manufacturer for a renewable period of 3 years. If the health and safety accredited manufacturer re-applies for health and safety accreditation before the date of expiry of such accreditation, its health and safety accreditation shall remain valid until the ECB has taken a decision pursuant to paragraph 1.
   4.   If the ECB rejects the request for health and safety accreditation, the manufacturer may initiate the review procedure laid down in Article 15.
   SECTION IV

      CONTINUING OBLIGATIONS

   Article 9
   Continuing obligations of accredited manufacturers
   1.   An accredited manufacturer shall inform the ECB in writing and without undue delay of any of the following:

               (a)

               the commencement of any procedure for the winding-up or reorganisation of the manufacturer or any analogous procedure;

               (b)

               the appointment of a liquidator, receiver, administrator or similar officer in relation to the manufacturer;

               (c)

               any intention to subcontract or to involve third parties in a euro banknote production activity for which the manufacturer has environmental and health and safety accreditation;

               (d)

               any change that occurs after environmental and health and safety accreditation has been granted that affects, or may affect, the fulfilment of the requirements for environmental and health and safety accreditation;

               (e)

               any change of control of the accredited manufacturer following a change in its ownership structure or for any other reason.

         2.   An accredited manufacturer shall provide the ECB for the relevant manufacturing site with:

               (a)

               a copy of the certificates for its environmental and health and safety management systems each time the certificate referred to in Articles 3(2)(a) and 4(2)(a) is renewed;

               (b)

               for each calendar year and within 4 months following the end of the year, the summaries, translated into English, of the latest environmental and health and safety external audit reports issued by the relevant certification authorities;

               (c)

               for each calendar year and within 4 months following the end of the year, annual reports in English on the performance of its environmental and health and safety management systems following the templates referred to in Articles 5(1)(d) and 7(1)(d);

               (d)

               for each calendar year and within 4 months following the end of the year, general information and environmental data on annual consumption and emissions caused by euro banknote production activity as established by the ECB Environmental Questionnaire provided by the ECB.

         3.   If the accredited manufacturer is a printing works, it shall also:

               (a)

               perform analyses on the chemical substances specified in the list referred to in Article 10(1) conducted by the laboratories indicated on the list referred to in Article 10(2). These analyses shall be carried out on finished euro banknotes according to standard operating procedures laid down separately at least once per each individual production and additionally whenever the accredited manufacturer deems it appropriate to monitor conformity with the chemical substances’ acceptance limits. The accredited manufacturer shall report to the ECB on each individual sample analysis by using the analysis report template provided by the ECB;

               (b)

               report for each calendar year and within 4 months following the end of the year on the performance of the laboratories having carried out the analyses referred to in point (a) by using a performance report template provided by the ECB;

               (c)

               conclude supply contracts with euro banknote raw material suppliers, which include the obligation for euro banknote raw material suppliers to ensure that any chemical substances contained in euro banknote raw materials produced by the latter do not, when analysed in finished euro banknotes pursuant to paragraph 3(a), exceed the acceptance limits referred to in Article 10(1). To fulfil this requirement, the accredited manufacturer shall provide the euro banknote raw material suppliers with all relevant documentation. Euro banknote raw materials suppliers may use the laboratories specified in the list referred to in Article 10(2) for their own analytical needs;

               (d)

               ensure that any plate making company to which it outsources has valid ISO 14001 and OHSAS 18001 certificates for its relevant production sites.

         4.   An accredited manufacturer shall keep confidential the technical details relating to environmental and health and safety requirements referred to in Article 2(6).
   Article 10
   Continuing obligations of the ECB
   1.   The ECB shall establish a list of chemical substances to be analysed and their acceptance limits. Without prejudice to Article 19, exceeding these acceptance limits, including in the cases foreseen in Article 9(3)(c), shall have no impact on a manufacturer’s health and safety accreditation.
   2.   The ECB shall maintain a list of laboratories to be used to analyse the presence and concentration of chemical substances on the list referred to in paragraph 1. The analysing methods to be applied shall be laid down separately.
   3.   The ECB shall inform accredited manufacturers of any updates to the lists referred to in paragraphs 1 and 2.
   SECTION V

      CONSEQUENCES OF NON-CONFORMITY

   Article 11
   Non-conformity
   If the accredited manufacturer does not comply with any of the obligations laid down in Article 9 or if the information provided to the ECB according to Article 9(2)(b), (c) and (d) and Article 9(3)(a) and (b) is incomplete, this shall constitute a non-conformity by the manufacturer with the requirements for environmental or health and safety accreditation.
   Article 12
   Written observation
   1.   The ECB shall make a written observation to the accredited manufacturer in the event of non-conformity of the type referred to in Article 11, laying down the time limit for such manufacturer to remedy the non-conformity.
   2.   The written observation shall state that: (a) if the non-conformity has not been remedied within the time limit referred to in paragraph 1; or (b) if there is a second instance of non-conformity within the time limit referred to in paragraph 1, the ECB shall take a decision under Article 13.
   Article 13
   Suspension of environmental or health and safety accreditation in relation to new orders
   1.   If, within the time limit referred to in Article 12(1), either the non-conformity has not been remedied or there is a second instance of non-conformity, but the accredited manufacturer puts forward a reasonable case that it will be able to correct the non-conformity, the ECB shall take a decision:

               (a)

               laying down, in consultation with the accredited manufacturer, a time limit for the accredited manufacturer to remedy the non-conformity;

               (b)

               suspending the accredited manufacturer’s accreditation with respect to its ability to accept new orders for the euro banknote production activity in question, including participation in tender procedures relating to a euro banknote production activity, until the time limit referred to in point (a) expires or, if the non-conformity has been remedied within this time limit, until the non-conformity has been remedied.

         2.   If however the accredited manufacturer does not put forward a reasonable case that it will be able to correct the non-conformity referred to in paragraph 1, the ECB shall take a decision pursuant to Article 14.
   Article 14
   Revocation of environmental or health and safety accreditation
   1.   The ECB shall revoke an accredited manufacturer’s environmental or health and safety accreditation: (a) if the accredited manufacturer is not able to rectify its non-conformity within the time limit referred to in Article 13(1)(a); or (b) pursuant to Article 13(2).
   2.   In its revocation decision, the ECB shall specify the date from which the accredited manufacturer may reapply for accreditation.
   Article 15
   Review procedure
   1.   If the ECB has taken any of the following decisions:

               (a)

               rejecting a request to initiate the environmental or health and safety accreditation procedure;

               (b)

               refusing to grant environmental or health and safety accreditation;

               (c)

               a decision pursuant to Articles 12 to 14,

         the manufacturer or accredited manufacturer may, within 30 ECB working days of notification of such a decision, submit a written request to the Governing Council to review the decision. The manufacturer or accredited manufacturer shall include its reasons for such a request and all supporting information.
   2.   If the manufacturer or accredited manufacturer explicitly so requests, and gives reasons, the Governing Council may suspend the application of the decision that is to be reviewed.
   3.   The Governing Council shall review the decision and communicate its reasoned decision in writing to the manufacturer or accredited manufacturer within 2 months of receipt of the request.
   4.   The application of paragraphs 1 to 3 shall be without prejudice to any rights under Articles 263 and 265 of the Treaty.
   SECTION VI

      ENVIRONMENTAL PERFORMANCE

   Article 16
   Information on the accredited manufacturer’s environmental performance
   In order to better assess accredited manufacturers’ environmental performance, the ECB may require accredited manufacturers for specific information or clarification in relation to the data provided in the ECB Environmental Questionnaire referred to in Article 9(2)(d). If necessary, the ECB may require a meeting with the accredited manufacturer at the ECB’s premises. The ECB may also decide, with the permission of the accredited manufacturer and in conformity with all security requirements in force with regard to the accredited manufacturer, to carry out an on-site visit. The accredited manufacturer may also invite the ECB to an on-site visit to clarify the data provided in the ECB Environmental Questionnaire.
   SECTION VII

      FINAL PROVISIONS

   Article 17
   ECB accreditation register
   1.   The ECB shall keep a register of environmental and health and safety accreditations:

               (a)

               listing the manufacturers which have been granted environmental and health and safety accreditation and the relevant manufacturing sites;

               (b)

               indicating in respect of each manufacturing site the euro banknote production activity for which environmental and health and safety accreditation has been granted;

               (c)

               recording the expiry of any environmental and health and safety accreditation.

         2.   If the ECB takes a decision under Article 13, it shall record the duration of the suspension.
   3.   If the ECB takes a decision pursuant to Article 14, it shall remove the name of the manufacturer from the register.
   4.   The ECB shall make available to NCBs and accredited manufacturers a list of accredited manufacturers contained in the register and any updates thereto.
   Article 18
   Annual report
   1.   The ECB shall, on the basis of the information provided by the accredited manufacturers, compile an annual report on the environmental impact of euro banknote production activity and its effects on health and safety.
   2.   The ECB shall disclose information to the public on the general environmental and health and safety impacts of euro banknote production activity in accordance with Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (2).
   Article 19
   Transitional provision
   From the 2016 production of euro banknotes, NCBs shall not validate any printed euro banknotes with chemical substances exceeding the acceptance limits referred to in Article 10(1).
   Article 20
   Entry into force
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.
   It shall apply from the 2013 production of euro banknotes.

      Done at Frankfurt am Main, 21 June 2011.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  Available on http://osha.europa.eu.

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


Avis juridique important

|

31998D0305(05)

Council Decision of 23 February 1998 appointing a member of the Advisory Committee on Pharmaceutical Training

Official Journal C 069 , 05/03/1998 P. 0006 - 0006

COUNCIL DECISION of 23 February 1998 appointing a member of the Advisory Committee on Pharmaceutical Training (98/C 69/05)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Decision 85/434/EEC of 16 September 1985, setting up an Advisory Committee on Pharmaceutical Training (1), and in particular Articles 3 and 4 thereof;Whereas, by Decision of 23 July 1996 (2) the Council appointed Dr Joaquim DE SOUSA GOMES CARNEIRO a member for the period ending on 22 July 1999;Whereas the Portuguese Government has nominated Dr Jorge NUNES DE OLIVEIRA to replace Dr Joaquim DE SOUSA GOMES CARNEIRO,HAS DECIDED AS FOLLOWS:Sole Article Dr Jorge NUNES DE OLIVEIRA is hereby appointed a member of the Advisory Committee on Pharmaceutical Training in place of Dr Joaquim DE SOUSA GOMES CARNEIRO for the remainder of the latter's term of office, which expires on 22 July 1999.Done in Brussels, 23 February 1998.For the CouncilThe PresidentR. COOK(1) OJ L 253, 24.9.1985, p. 43.(2) OJ C 239, 17.8.1996, p. 5.