title: Council Decision (CFSP) 2017/1869 of 16 October 2017 on the European Union Advisory Mission in support of Security Sector Reform in Iraq (EUAM Iraq)

text:
               17.10.2017

               EN

               Official Journal of the European Union

               L 266/12

         COUNCIL DECISION (CFSP) 2017/1869
   of 16 October 2017
   on the European Union Advisory Mission in support of Security Sector Reform in Iraq (EUAM Iraq)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 19 June 2017, the Council reiterated the Union's steadfast support for Iraq's unity, sovereignty and territorial integrity, and underscored the importance of security and the rule of law for stability in Iraq. The Council announced that, in response to the request by the Iraqi authorities, the Union was examining the deployment of an EU Security Sector Reform Advise and Assist Team to assist in the reform efforts in cooperation and coherence with other international partners.

               (2)

               On 17 July 2017, the Council approved a Crisis Management Concept for a possible civilian CSDP Mission in support of Security Sector Reform in Iraq.

               (3)

               On 24 August 2017, the Prime Minister of Iraq welcomed the envisaged Mission in a letter to the High Representative of the Union for Foreign Affairs and Security Policy (HR).

               (4)

               Following the recommendation of the Director of the Civilian Planning and Conduct Capability, the Mission should be launched.

               (5)

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

               (6)

               The Watch-Keeping Capability should be activated for this Mission.

               (7)

               This Mission will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 TEU,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mission
   The Union hereby establishes and launches a European Union Advisory Mission in support of Security Sector Reform in Iraq (EUAM Iraq).
   Article 2
   Objectives
   The strategic objectives of EUAM Iraq shall be:

               (1)

               to provide advice and expertise to the Iraqi authorities at the strategic level in order to contribute to the implementation of the Iraqi National Security Strategy;

               (2)

               to analyse, assess and identify opportunities for potential further Union engagement in support of the needs of the Security Sector Reform in Iraq in the long term;

               (3)

               to assist the Union Delegation to Iraq in the coordination of Union and Member States support in the field of Security Sector Reform in Iraq.

         Article 3
   Tasks
   1.   In order to fulfil the objectives set out in point (1) of Article 2, EUAM Iraq shall:

               (a)

               support the National Counter-Terrorism Committee in the implementation of the National Counter-Terrorism Strategy and in identifying the sub-strategies and action plans for its implementation;

               (b)

               support the Planning Directorate of the Ministry of the Interior to plan the institutional reforms of the department, including police services, as part of the implementation of the National Security Strategy;

               (c)

               contribute to the drafting of a national strategy against organised crime led by the Department of Organised Crime of the Ministry of Interior;

         2.   In order to fulfil the objectives set out in point (2) of Article 2, EUAM Iraq shall:

               (a)

               do a mapping of ongoing activities in support of the civilian security sector, including border security, and identify lessons and gaps;

               (b)

               identify, in coordination with international donors, key projects for quick delivery in the short term in which Union institutions or Member States could engage;

               (c)

               identify medium- to long-term needs and opportunities for possible future engagement in the Security Sector Reform domain, with a view to informing and supporting Union politico-strategic planning for such possible engagement if so required;

               (d)

               contribute to the management and running of the Security Sector Reform architecture as part of the Joint Secretariat.

         3.   EUAM Iraq shall assist the Union Delegation to Iraq in the coordination of Union and Member States support in the field of Security Sector Reform in Iraq.
   4.   EUAM Iraq shall ensure that human rights and gender perspectives are incorporated into its tasks, and that policies and plans developed with its support comply with international standards and obligations on human rights and on gender.
   5.   EUAM Iraq shall ensure that that actions to combat organised crime include the fight against illegal migration, trafficking in weapons and drugs, cybercrime and illicit trafficking and destruction of cultural goods. The latter will be closely coordinated with all relevant actors on the ground, in particular with Unesco and the Global Coalition.
   6.   EUAM Iraq shall not carry out any executive function.
   Article 4
   Chain of command and structure
   1.   EUAM Iraq shall have a unified chain of command as a crisis management operation.
   2.   EUAM Iraq shall have its headquarters in Baghdad.
   3.   EUAM Iraq shall be structured in accordance with its planning documents.
   Article 5
   Civilian Operation Commander
   1.   The Director of Civilian Planning and Conduct Capability (CPCC) shall be the Civilian Operation Commander for EUAM Iraq. The CPCC shall be at the disposal of the Civilian Operation Commander for the planning and conduct of EUAM Iraq.
   2.   The Civilian Operation Commander shall exercise command and control of EUAM Iraq at the strategic level, under the political control and strategic direction of the Political and Security Committee (PSC) and overall authority of the High Representative for Foreign Affairs and Security Policy (HR).
   3.   The Civilian Operation Commander shall ensure the proper and effective implementation of the decisions of the Council and the PSC with regard to the conduct of operations, including by issuing instructions at the strategic level to the Head of Mission as required, and providing him with advice and technical support. The Civilian Operation Commander shall report to the Council through the HR.
   4.   All seconded staff shall remain under the full command of the national authorities of the seconding State in accordance with national rules, of the Union institution concerned or of the European External Action Service (EEAS) respectively. Those authorities shall transfer Operational Control (OPCON) of their staff 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 Head of Union Delegation to Iraq shall consult each other as required.
   Article 6
   Head of Mission
   1.   Mr Markus RITTER is hereby appointed Head of Mission.
   2.   The Head of Mission shall assume responsibility for EUAM Iraq and shall exercise command and control thereof, at theatre level. The Head of Mission shall be directly responsible to the Civilian Operation Commander and shall act in accordance with the his instructions.
   3.   The Head of Mission shall be the representative of EUAM Iraq in its area of responsibility.
   4.   The Head of Mission shall exercise administrative and logistic responsibility for EUAM Iraq, including responsibility for the assets, resources and information that have been placed at the disposal of EUAM Iraq. The Head of Mission may delegate management tasks regarding staff and financial matters to staff members of EUAM Iraq, under his overall responsibility.
   5.   The Head of Mission shall be responsible for disciplinary control over the staff of EUAM Iraq. For seconded staff, disciplinary action shall be exercised by the national authorities of the seconding State in accordance with national rules, by the Union institution concerned, or by the EEAS respectively.
   6.   The Head of Mission shall ensure appropriate visibility of EUAM Iraq.
   7.   The Head of Mission shall coordinate with other Union actors on the ground, as appropriate. Without prejudice to the chain of command, the Head of Mission shall receive local political guidance from the Head of the Union Delegation to Iraq.
   Article 7
   Staff
   1.   EUAM Iraq shall consist primarily of staff seconded by Member States, Union institutions or the EEAS. Each Member State, each Union institution and the EEAS shall bear the costs related 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.
   2.   The Member State, the Union institution, or the EEAS respectively shall be responsible for answering any claims linked to the secondment from or concerning the members of staff that they have seconded, and for bringing any action against such persons.
   3.   International and local staff may be recruited on a contractual basis by EUAM Iraq if the functions required cannot be provided by personnel seconded by Member States. Exceptionally, in duly justified cases, where no qualified applicants from Member States are available, nationals from participating third States may be recruited on a contractual basis, as appropriate.
   4.   The conditions of employment and the rights and obligations of international and local staff shall be laid down in the contracts between EUAM Iraq and the staff member concerned.
   Article 8
   Status of EUAM Iraq and of its staff
   The status of EUAM Iraq and its staff, including as appropriate the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EUAM Iraq, shall be the subject of an agreement concluded pursuant to Article 37 TEU in accordance with the procedure laid down in Article 218 Treaty on the Functioning of the European Union.
   Article 9
   Political control and strategic direction
   1.   The PSC shall exercise, under the responsibility of the Council and of the HR, political control and strategic direction of EUAM Iraq. 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 power to appoint a Head of Mission, upon a proposal from the HR, and the power to amend the Operation Plan (OPLAN). The powers of decision with respect to the objectives and termination of the EUAM Iraq 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 from the Civilian Operation Commander and the Head of Mission on issues within their areas of responsibility.
   Article 10
   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 EUAM Iraq, 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 Iraq, and that they contribute to the running costs of EUAM Iraq, as appropriate.
   2.   Third States contributing to EUAM Iraq shall have the same rights and obligations as Member States in terms of the day-to-day management of EUAM Iraq.
   3.   The Council hereby authorises the PSC to take the relevant decisions on acceptance of the proposed contributions and on the establishment of a Committee of Contributors.
   4.   Detailed arrangements regarding the participation of third States shall be covered by agreements concluded in accordance with Article 37 TEU. Where the Union and a third State conclude or have concluded 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 EUAM Iraq.
   Article 11
   Security
   1.   The Civilian Operation Commander shall direct the Head of Mission's planning of security measures and ensure that EUAM Iraq implements those measures properly and effectively in accordance with Article 5.
   2.   The Head of Mission shall be responsible for the security of EUAM Iraq and for ensuring compliance with minimum security requirements applicable to EUAM Iraq, in line with the policy of the Union on the security of personnel deployed outside the Union in an operational capacity under Title V TEU, and its supporting instruments.
   3.   The Head of Mission shall be assisted by a Mission Security Officer, who shall report to the Head of Mission and shall also maintain a close functional relationship with the EEAS.
   4.   The EUAM Iraq 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 Mission Security Officer.
   5.   The Head of Mission shall ensure the protection of EU classified information in accordance with Council Decision 2013/488/EU (1).
   Article 12
   Watch-Keeping Capability
   The Watch-Keeping Capability shall be activated for EUAM Iraq.
   Article 13
   Legal arrangements
   EUAM Iraq shall have the capacity to procure services and supplies, to enter into contracts and administrative arrangements, to employ staff, to hold bank accounts, to acquire and dispose of assets and to discharge its liabilities, and to be a party to legal proceedings, as required in order to implement this Decision.
   Article 14
   Financial arrangements
   1.   The financial reference amount intended to cover the expenditure related to EUAM Iraq from 16 October 2017 to 17 October 2018 shall be EUR 14 000 000. The financial reference amount for any subsequent period shall be decided by the Council.
   2.   All expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the Union. Participation of natural and legal persons in the award of procurement contracts by EUAM Iraq shall be open without limitations. Moreover, no rule of origin for the goods purchased by EUAM Iraq shall apply. Subject to the Commission's approval, EUAM Iraq may conclude technical arrangements with Member States, the host State, participating third States and other international actors, regarding the provision of equipment, services and premises to EUAM Iraq.
   3.   EUAM Iraq shall be responsible for the implementation of its budget. For this purpose, EUAM Iraq shall sign an agreement with the Commission.
   4.   EUAM Iraq shall report fully to, and be supervised by, the Commission on the activities undertaken within the framework of the agreement.
   5.   The financial arrangements shall respect the chain of command provided for in Articles 4, 5 and 6 and the operational requirements of EUAM Iraq.
   6.   The expenditure related to EUAM Iraq shall be eligible as of the date of adoption of this Decision.
   Article 15
   Consistency of the Union's response and coordination
   1.   The HR shall ensure the consistency of the implementation of this Decision with the Union's external action as a whole, including the Union's development programmes.
   2.   Without prejudice to the chain of command, the Head of Mission shall act in close coordination with the Union Delegation to Iraq to ensure the consistency of Union action in Iraq.
   3.   The Head of Mission shall coordinate closely with Member States' Heads of Missions present in Iraq.
   Article 16
   Release of 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 EUAM Iraq, EU classified information up to ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ level generated for the purposes of EUAM Iraq, in accordance with Decision 2013/488/TEU.
   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 up to ‘RESTREINT UE/EU RESTRICTED’ level which has been generated for the purposes of EUAM Iraq, in accordance with Decision 2013/488/EU. Arrangements between the HR and the competent authorities of the host State shall be drawn up for this purpose.
   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 EUAM Iraq and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (2).
   4.   The HR may delegate the powers and the ability to conclude the arrangements, referred to in paragraphs 1, 2 and 3, to persons placed under his or her authority, to the Civilian Operations Commander and to the Head of Mission, in accordance with Section VII of Annex VI to Decision 2013/488/EU.
   Article 17
   Entry into force and duration
   This Decision shall enter into force on the day of its adoption.
   It shall apply until 17 October 2018.

      Done at Luxembourg, 16 October 2017.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).

      (2)  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: Commission Decision (EU) 2016/1621 of 7 September 2016 adopting a guidance document on notification to accreditation and licensing bodies by environmental verifiers active in a Member State other than that where the accreditation or licence was granted under Regulation (EC) No 1221/2009 of the European Parliament and of the Council (notified under document C(2016) 5648) (Text with EEA relevance)

text:
               9.9.2016

               EN

               Official Journal of the European Union

               L 242/32

         COMMISSION DECISION (EU) 2016/1621
   of 7 September 2016
   adopting a guidance document on notification to accreditation and licensing bodies by environmental verifiers active in a Member State other than that where the accreditation or licence was granted under Regulation (EC) No 1221/2009 of the European Parliament and of the Council

         (notified under document C(2016) 5648)

   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (1), and in particular Article 30(6) thereof,
   Whereas:

               (1)

               Article 30(3) of Regulation (EC) No 1221/2009 establishes the possibility for the Forum of the Accreditation and Licensing Bodies to develop guidance on issues in the field of the competence of accreditation and licensing bodies in order to harmonise the procedures applied by those bodies for accreditation or licensing and supervision of environmental verifiers.

               (2)

               Environmental verifiers operating in different Member States are required to notify their activities to the relevant accreditation and licensing bodies in accordance with Article 24 of Regulation (EC) No 1221/2009.

               (3)

               The practical execution of that notification procedure has revealed that the response of individual accreditation and licensing bodies to environmental verifiers who fail to respect their notification obligations differs. Consequently, additional guidance is needed to ensure consistent application of the notification procedures, in the context of environmental verifiers accredited or licensed in one Member State performing verification and validation activities in another Member State.

               (4)

               The measures provided for in this Decision are in accordance with the opinion of the Committee established pursuant to Article 49 of Regulation (EC) No 1221/2009,

         HAS ADOPTED THIS DECISION:
   Article 1
   The guidance document on notification to accreditation and licensing bodies by environmental verifiers under Regulation (EC) No 1221/2009 as set out in the Annex is adopted.
   Article 2
   This Decision is addressed to the Member States.

      Done at Brussels, 7 September 2016.

            For the Commission

         Karmenu VELLA

            Member of the Commission

      (1)  OJ L 342, 22.12.2009, p. 1.

      ANNEX

         Guidance document on notification to accreditation and licensing bodies by environmental verifiers active in a Member State other than that where the accreditation or licence was granted under Regulation (EC) No 1221/2009

      INTRODUCTION
      This guidance document harmonises the notification procedures applicable to environmental verifiers active in a Member State other than that where the accreditation or licence was granted.
      1.   Obligations to be observed prior to the notification

      1.1.   The accreditation or licensing body shall make its procedures for the notification addressed to environmental verifiers accredited in another Member State publicly available and easily accessible. The publicly available information with regard to those procedures shall also specify any fees (excluding travel expenses) charged by the accreditation or licensing body for the notification and supervision.
      1.2.   The accreditation or licensing body that granted the accreditation or licence shall require its accredited or licensed environmental verifiers to have followed the procedure for notification defined in Article 24(1) before taking up verification or validation activities in a Member State other than where the accreditation or licence was granted. The accreditation or licensing body shall also verify, as part of the supervision activity of its accredited or licensed environmental verifiers, that the notification requirements of Regulation (EC) No 1221/2009 have been met when the environmental verifier has been active in a different Member State.
      1.3.   The accreditation or licensing body shall recommend its accredited or licensed environmental verifiers to inform their client organisations that they are required to allow supervision in accordance with Article 23(6) of Regulation (EC) No 1221/2009 and that refusal to allow such supervision can preclude the organisations from being registered.
      2.   Content of the notification

      2.1.   The notification requirements set out in Article 24(1) of Regulation (EC) No 1221/2009 shall be considered to be fulfilled when all the following information is submitted:

                  (a)

                  accreditation or licence details, with evidence that the accreditation or licence is still valid and not affected by suspension or withdrawal and that it is adequate for the specific activities of the organisation under verification or validation;

                  (b)

                  team composition and competences, in particular knowledge of legal requirements relating to the environment and knowledge of the official language of the Member State where the verification or validation should take place;

                  (c)

                  personnel records, if necessary, such as records of relevant qualifications, training and experience specific to the economic sector being verified;

                  (d)

                  time and place of the verification and validation, including the environmental verifiers visit at the organisation and all stages before and after that visit, as set out in Article 25 of Regulation (EC) No 1221/2009;

                  (e)

                  address and contact details of the organisation that is subject to verification or validation, including all sites and activities under the scope of verification or validation, and the number of employees.

            The additional requests referred to in point (c) shall be justified with regard to the specific situation and may not prejudice the right of the environmental verifier to provide services in a Member State other than the one where the accreditation or licence was granted.
      2.2.   Where the notification fulfils the notification requirements set out in Article 24(1) of Regulation (EC) No 1221/2009, the accreditation or licensing body shall inform the environmental verifier hereof prior to the beginning of the verification or validation activities as described in Article 25 of Regulation (EC) No 1221/2009. If possible, such information shall be given two weeks prior to the beginning of the verification or validation activities. At the same time, the accreditation or licensing body shall inform the environmental verifier of the scope and content of the supervision it intends to execute, and of the associated costs.
      2.3.   Where the accreditation or licensing body becomes aware that verification or validation activities are to be conducted, or already have been conducted, without notification, the accreditation or licensing body shall remind the environmental verifier about the requirements of Regulation (EC) No 1221/2009 regarding notification in the specific country (see point 2.1).
      Where the information mentioned in Article 24(1) of Regulation (EC) No 1221/2009 is not provided in due time or where the notification does not fulfil the notification requirements set out in that Article, point 3.1 of this guidance document shall apply.
      2.4.   Since the outcome of the notification could influence the verification and validation processes the accreditation or licensing body shall recommend to the verifier to communicate the notification outcome to its client.
      3.   Consequences of failure to comply with the notification procedure

      3.1.   Where the notification does not fulfil the notification requirements set out in Article 24(1) of Regulation (EC) No 1221/2009, the accreditation and licensing body shall follow the procedure set out in points 3.1.1 to 3.1.4.
      3.1.1.   If information with regard to accreditation or licence details, competences, time and place of the verification and validation, address and contact details of the organisation, knowledge of legal requirements relating to the environment and knowledge of the official language of the Member State where the verification or validation should take place, or, if appropriate, team composition is not provided, or is not provided on time, the environmental verifier shall be informed as soon as possible about the missing information and failure to respect the notification deadline.
      3.1.2.   If the accreditation or licensing body considers that the missing information does not preclude satisfactory supervision of the environmental verifier, the accreditation or licensing body shall consider the notification as satisfactory for the execution of the supervisory activities, and request the environmental verifier to provide the missing information at a later stage. The environmental verifier shall be informed of this decision in a timely manner and, prior to the verification or validation.
      3.1.3.   If the accreditation or licensing body considers that information that is essential to perform a satisfactory supervision of the verification or validation activity (for example, the time and place of the verification or validation activities, the address and contact details of the organisation, the accreditation or licence details of the environmental verifier, team composition or team competences, in particular knowledge of legal requirements and knowledge of the official language of the Member State where the verification or validation should take place) has not been received, the accreditation or licensing body shall inform the environmental verifier that it considers the notification as unsatisfactory, that a satisfactory supervision is therefore not possible and that if the verification or validation take place before complementing the missing information it will recommend the competent body not to register the organisation.
      3.1.4.   When the accreditation or licensing body decides to recommend the competent body not to register the organisation this shall be communicated to the environmental verifier, to the accreditation or licensing body that has granted the accreditation or licence, to the organisation, where possible, and to the competent body.


title: 2007/3/EC,Euratom: Council Decision of 1 January 2007 appointing the Bulgarian and Romanian members of the European Economic and Social Committee

text:
               4.1.2007

               EN

               Official Journal of the European Union

               L 1/6

      COUNCIL DECISION

   of 1 January 2007
   appointing the Bulgarian and Romanian members of the European Economic and Social Committee
   (2007/3/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to the Act of Accession of Bulgaria and Romania, and in particular Articles 12 and 48 thereof,
   Having regard to the proposals made by the governments of the Republic of Bulgaria and Romania,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               The members of the European Economic and Social Committee have been appointed, for the period from 21 September 2006 to 20 September 2010, by Council Decisions 2006/524/EC, Euratom (1), 2006/651/EC, Euratom (2) and 2006/703/EC, Euratom (3).

               (2)

               Following the accession of the Republic of Bulgaria and of Romania to the European Union, the European Economic and Social Committee should be enlarged by the appointment of 27 members representing the various economic and social components of organised civil society,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The persons whose names and titles are listed in the Annex are hereby appointed members of the European Economic and Social Committee for the period up to 20 September 2010.
   Article 2
   This Decision shall take effect on the date of its adoption.
   It shall apply from 1 January 2007.

      Done at Brussels, 1 January 2007.

            For the Council

            The President

         F.-W. STEINMEIER

      (1)  OJ L 207, 28.7.2006, p. 30.

      (2)  OJ L 269, 28.9.2006, p. 13.

      (3)  OJ L 291, 21.10.2006, p. 33.

      ANNEX
      REPUBLIC OF BULGARIA

                  Ms Milena ANGELOVA
                  Executive Director of the Bulgarian Industrial Capital Association

                  Prof. Nansen BEHAR, PhD
                  Member of the Managing Board of the Union for Private Economic Enterprise

                  Mr Bojidar DANEV
                  Chairman of the Bulgarian Industrial Association

                  Mr Plamen DIMITROV
                  Vice-President of the Confederation of Independent Trade Unions in Bulgaria

                  Mr Liubomir HADJIYSKI
                  Deputy Chairman of the Economic Commission at the Bulgarian Union of Private Entrepreneurs ‘Vuzrazdane’

                  Dr Jeliazko HRISTOV
                  President of the Confederation of Independent Trade Unions in Bulgaria

                  Mr Dimitar MANOLOV
                  Vice-President of the Confederation of Labour ‘Podkrepa’

                  Mr Veselin MITOV
                  Head of the International Policy Department of the Confederation of Labour ‘Podkrepa’

                  Ms Donka SOKOLOVA
                  Representative of the Democratic Union of Women

                  Ms Ludmilla TODOROVA
                  Representative of the Bulgarian Farmers Association

                  Ms Andriana TOSHEVA
                  Executive Director of the Confederation of Employers and Industrialists in Bulgaria

                  Mr Plamen ZAHARIEV
                  Representative of the National Council of and for People with Disabilities

            ROMANIA

                  Mme Lavinia ANDREI
                  Président
                  Fondation Terra Mileniul IU

                  Mme Ana BONTEA
                  Directrice du Département Juridique et Dialogue Social
                  Conseil National des Petites et Moyennes Entreprises Privées de Roumanie

                  M. Petru Sarin DANDEA
                  Vice-président
                  Confédération Nationale Syndicale ‘CartelALFA’

                  M. Dumitru FORNEA
                  Chef du Département Relations Internationales
                  Confédération Syndicale Nationale MERIDIAN

                  M. Minel IVAȘCU
                  Vice-président
                  Bloc National Syndical

                  M. Eugen LUCAN
                  Président
                  Association Angel

                  M. Mihai MANOLIU
                  Secrétaire Général
                  Alliance des Confédérations Patronales de Roumanie

                  M. Radu NICOSEVICI
                  Président
                  Association Academia de Advocacy

                  M. Marius Eugen OPRAN
                  Président Exécutif
                  Union Générale des Industriels de Roumanie — 1903 (UGIR — 1903)

                  M. Cristian PARVULESCU
                  Président
                  Association Pro Democratia

                  M. Marius PETCU
                  Président
                  Confédération Nationale des Syndicats Libres de Roumanie — FRĂȚIA

                  M. Aurel Laurențiu PLOȘCEANU
                  Vice-président
                  Association Roumaine des Entrepreneurs de Bâtiments

                  M. Sabin RUSU
                  Secrétaire Général
                  Confédération des Syndicats Démocratiques de Roumanie

                  M. Ionut SIBIAN
                  Directeur Exécutif
                  Fondation pour le Développement de la Société Civile

                  M. Ștefan VARFALVI
                  Président
                  Association Permanente UGIR


Avis juridique important

|

32003D0304(01)

Council Decision of 18 February 2003 appointing members of the Advisory Committee of the Euratom Supply Agency

Official Journal C 050 , 04/03/2003 P. 0001 - 0001

Council Decisionof 18 February 2003appointing members of the Advisory Committee of the Euratom Supply Agency(2003/C 50/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,Having regard to Article X of the Statutes of the Euratom Supply Agency(1),as last amended by Decision 95/1/EC, Euratom, ECSC of 1 January 1995(2),Having regard to the Council Decision of 27 September 2001 appointing the members of the Advisory Committee of the Euratom Supply Agency(3),Having regard to the opinion of the Commission,Whereas:(1) Three members' seats on the aforementioned Committee have fallen vacant following the resignation of Mr Javier Arana, Mr Javier Villalba and Mr José Luis González, which was brought to the Council's attention on 2 October 2002.(2) Those vacancies should be filled.(3) Having regard to the nominations submitted by the Spanish Government on 2 October 2002,HAS DECIDED AS FOLLOWS:Sole ArticleMr José Manuel Redondo, Mr Eduardo González and Mr Germán García Calderón are hereby appointed members of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, i.e. until 28 March 2003.Done at Brussels, 18 February 2003.For the CouncilThe PresidentN. Christodoulakis(1) OJ 27, 6.12.1958, p. 534/58.(2) OJ L 1, 1.1.1995, p. 1.(3) OJ C 281, 5.10.2001, p. 3.


Avis juridique important

|

31982D0164

82/164/EEC: Council Decision of 23 February 1982 with regard to a contribution to the European Coal and Steel Community out of the general budget of the European Communities

Official Journal L 074 , 18/03/1982 P. 0027

*****COUNCIL  DECISION  of 23 February 1982  with regard to a contribution to the European Coal and Steel Community out of the general budget of the European Communities  (82/164/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 difficulties currently facing the Community's iron and steel industry have made it necessary to adopt a programme for the restructuring of this sector under the terms of the ECSC Treaty;  Whereas this programme consists of a series of measures to rationalize production and raise the productivity of the sector to the level where it can compete on the world market, in accordance with the general objectives concerning steel within the meaning of Article 46 of the ECSC Treaty;  Whereas this series of restructuring measures necessarily includes a social policy section to alleviate the effects on employment; whereas, in this connection, it is advisable to have recourse to the full range of re-adaptation aids provided for workers in the industry in question by Article 56 (2) of the ECSC Treaty;  Whereas, in its resolution of 26 and 27 March 1981 on steel recovery policy, the Council re-emphasised the desirability of taking such measures;  Whereas, in the present circumstances, the financial means provided for by the ECSC Treaty do not provide adequate cover for financing these measures;  Whereas the secondary effects of this situation, if not remedied, would be liable to aggravate considerably the Community's general employment situation and to impair the harmonious development of economic activities, and this would undermine the achievement of one of the Community's main objectives;  Whereas the Commission has submitted a request for an exceptional temporary contribution from the general budget to allow the Commission to implement successfully the social measures under the restructuring programme for the steel industry and to cope with the consequences of the introduction of a system of production quotas; whereas a contribution should be made to the ECSC from the general budget of the Communities,  HAS DECIDED AS FOLLOWS:  Sole Article  A contribution of 62 million ECU for 1981 is hereby granted to the European Coal and Steel Community out of the general budget of the European Communities in order to cover the Community's financing of  the special temporary allowances in favour of workers in iron and steel firms and iron-ore mines in the Community, whose posts are directly or indirectly abolished or threatened in consequence of a restructuring plan adopted by the undertaking, the group of undertakings or the public authorities in accordance with 'General Objectives - Steel'.  Done at Brussels, 23 February 1982.  For the Council  The President  L. TINDEMANS  (1) OJ No C 118, 13. 5. 1980, p. 6.  (2) OJ No C 197, 4. 8. 1980, p. 60.


title: Council Decision (EU) 2016/333 of 4 March 2016 appointing a member, proposed by the Federal Republic of Germany, of the Committee of the Regions

text:
               9.3.2016

               EN

               Official Journal of the European Union

               L 62/16

         COUNCIL DECISION (EU) 2016/333
   of 4 March 2016
   appointing a member, proposed by the Federal Republic of Germany, 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 German 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.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Dagmar MÜHLENFELD,

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

               —

               Herr Joachim WOLBERGS, Oberbürgermeister der Stadt Regensburg.

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

      Done at Brussels, 4 March 2016.

            For the Council

            The President

         S.A.M. DIJKSMA

      (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).


Avis juridique important

|

31997D0169

Commission Decision of 30 January 1997 terminating the anti-dumping proceeding concerning imports into Spain of certain Portland cement originating in Romania, Tunisia and Turkey

Official Journal L 067 , 07/03/1997 P. 0027 - 0030

COMMISSION DECISION of 30 January 1997 terminating the anti-dumping proceeding concerning imports into Spain of certain Portland cement originating in Romania, Tunisia and Turkey (97/169/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), and in particular Article 9 thereof,Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (2), hereinafter referred to as the 'Basic Regulation`, and in particular Article 9 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE (1) In January 1992, the Commission received a complaint lodged by Oficemen, the national organization of Spanish cement producers acting on behalf of all Spanish producers of Portland cement.(2) The complaint contained prima facie evidence of dumping on a regional basis and of injury resulting therefrom. The evidence presented was considered sufficient to justify the initiation of a proceeding in order to establish whether the facts alleged existed and justified any action being taken. The Commission accordingly announced, by a notice in the Official Journal of the European Communities (3), the initiation of an anti-dumping proceeding concerning imports into Spain of certain Portland cement originating in Turkey, Romania and Tunisia, and began an investigation. The product concerned is Portland cement, other than white, whether or not artificially coloured, in bulk or in bags, falling within CN code 2523 29 00.(3) The Commission officially advised the producers, exporters and importers known to be concerned, the representatives of the exporting countries, and the complainants, and gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing.(4) The Governments of Turkey and Tunisia, and the producers and exporters in the countries concerned made their views known in writing. All parties who so requested were granted a hearing.(5) The investigation period was set as 1 April 1991 to 31 March 1992.(6) The Commission sought and verified all information it deemed to be necessary for the purposes of its determination of dumping and injury and carried out investigations at the premises of the following Spanish producers:- Asland Cataluna y del Mediterranneo, Barcelona,- Asland, SA, Madrid,- Cementos Atlantico, SA, Madrid,- Cementos Molins, SA, Barcelona,- Compania Valenciana de Cementos Portland, SA, Valencia,- Portland Iberia, SA, Madrid,- Sociedad Financiera y Minera, SA, Madrid,- Uniland Cementera, SA, Barcelona.(7) On the basis of the results of such investigation, the Commission, after consulting the Anti-dumping Committee, concluded that the proceeding should be terminated without measures because no material injury nor threat thereof was found to have been caused to the Spanish industry by the imports concerned.(8) The Commission, given the objections within the Advisory Committee, submitted, on 10 February 1994, in accordance with Article 9 of the Basic Regulation, a report to the Council together with a proposal that the proceeding be terminated without measures.The Council, on 7 March 1994, decided not to terminate the proceeding.(9) The Commission, following the Council's decision, re-examined the results of its investigation in the light of both information provided by the Spanish industry and verified during the investigation, and further representations from the complainants. In this respect, the scope of this re-examination was limited by the fact that it could only look at data from the investigation period and the information relating to a subsequent period can therefore not be taken into account.(10) This re-examination led the Commission to maintain the proposal made to the Council in 1994.B. LIKE PRODUCT (11) The investigation showed that the various types of Portland cement sold on the domestic markets of the countries concerned were alike to those exported to Spain. Similarly, the various types of Portland cement manufactured in Spain and those exported to Spain from the three countries in question were alike in their essential physical characteristics and end uses. Therefore, the Commission concluded that, for the purposes of this proceeding, all types of Portland cement should be considered as a like product, in accordance with Article 2 (12) of the Basic Regulation.C. REGIONALITY (12) The Commission established that 94 % of total production of the product in question by the Spanish industry was sold on the Spanish market and that total demand in Spain, as defined by apparent consumption of the cement concerned, was not to any substantial degree supplied by producers elsewhere in the Community. The share of their domestic market held by sales of the Spanish industry in the investigation period was close to 89 %, while imports from other Community Member States represented 2 %. Furthermore, 89 % of total Community imports from the countries subject to this proceeding were imported into Spain.The Spanish industry could, therefore, be considered as constituting the Community industry within the terms of Article 4 (5) of the Basic Regulation.D. DUMPING (13) From the data available, there were indications that the like product imported from the three countries in question had been sold on the Spanish market at prices which, in some instances, represented a substantial element of dumping. This aspect was not pursued, however, given the findings on injury below.E. INJURY 1. Consumption, volume and market share of imports from the countries concerned.(14) The Spanish market, as defined by apparent consumption went from 26 million tonnes in 1989 to 28 million in the investigation period. Imports from the countries concerned grew from 857 000 tonnes in 1989 to 2 388 000 in the investigation period. As a result of this, the market share taken by Turkey, Romania and Tunisia went from 3,28 % in 1989 to 8,54 % in the investigation period.2. Impact of the imports concerned on the Spanish industry.(15) With regard to the possible impact of the imports concerned on the situation of the Spanish industry, the Commission took account of the following facts:(a) Spanish production was stable at around 27 million tonnes annually over the period examined.(b) Capacity installed stood at an estimated 39 million tonnes in 1989, 1990 and 1991, and grew by around 5 % to 41 million tonnes in the investigation period. Capacity utilization was stable at 69 % between 1989 and 1991, but fell to 66 % in the investigation period. This fall in the capacity utilization rate was due only to the increase in capacity installed. In this context, the Commission notes that, relative to total demand in Spain, a large over-capacity, averaging 32 %, existed in the Spanish industry throughout the period examined.(c) Total sales volumes of the Spanish industry remained stable at around 25 million tonnes throughout the period in question. Given the moderate rise in consumption, the market share of the industry, however, fell from 96 % in 1989 to 89 % in the investigation period. Despite this fall, the market share of the Spanish industry remained consistently high.(d) The selling prices to unrelated customers of the Spanish producers investigated, on an index basis, rose from 100 in 1989 to 103 in 1990, and then fell to 97 in 1991 and 94 in the investigation period.(e) The companies investigated saw profitability on sales to unrelated clients decline, on average, from 36 % in 1989, to 32 % in 1990, 21 % in 1991, and to 18 % in the investigation period.(f) Employment by the producers investigated fell continuously over the period as a whole, moving, on an index basis from 100 in 1989, to 98 in 1990, 94 in 1991, and 92 in the investigation period.(g) The Commission looked also into the possible injury caused by the imports concerned on a subregional basis, taking into account the different geographical locations of the Spanish producers. The Commission's examination of injury factors showed that only the situation of the producers based on the Mediterranean coastal zone, which represents 52 % of the total complainant industry's output, clearly deteriorated in contrast to that of producers located further inland. In fact, in terms of sales volume, between 1989 and the investigation period, coastal volumes fell by 10 % while inland increased by 3 %, and, in terms of turnover, coastal figure fell by 9 % while inland increased slightly by 1 %. Finally, with regard to the coastal industry, its profitability fell since 1989 by 4 percentage points more than for the inland industry. Despite this decrease, the profitability for the coastal industry remained at a level of 18 % during the investigation period.F. CONCLUSIONS ON INJURY (16) Although the situation of the Spanish industry deteriorated to some extent over the period considered, notably with regard to producers located on the Mediterranean coastal zone, such situation has to be assessed in relation to the Spanish producers generally, in order to determine whether these developments constitute material injury. In doing so, the Commission paid particular attention to the following factors:(a) Production and sales volumes were stable. Although the increase in consumption appeared to have benefited dumped imports and not domestic production, the Spanish industry nevertheless still retained a market share of 89 %.(b) The Commission's examination of price undercutting showed that, although undercutting did exist, its effects could not be considered significant, in the light of, on the one hand, the respective market shares held by domestic producers and by imports from the three countries concerned and, on the other hand, the impact of these imports, which was limited geographically to the coastal industry.(c) The large overcapacity and the consequent restructuring of the domestic industry played an important role in explaining the increase in costs of production and, therefore, the fall in profits. In this regard, Spanish producers did experience a reduction in their return on sales, which was however, still 18 % on average during the investigation period for the whole industry.Alternative profit indicators, such as return on investment, as suggested by the Spanish industry, have been examined. On the basis of the data provided by the complainant and verified to a satisfactory extent in the course of the investigation, it was found that, after taking into account inflationary cost pressures and eliminating the excess of capacity, the return on investment ratio established for the investigation period amounted to 7 % and was thus considered adequate for the replacement of productive assets by the industry.(d) Employment in the complainant industry fell by 8 % between 1989 and the investigation period. However, this fall was due, to a great extent, to the restructuring of the production process.On the basis of the above factors, it cannot be concluded that the Spanish industry has suffered material injury. This conclusion can be explained by the fact that the present proceeding refers to a regional market, as pointed out in recital (11) above. In such cases, Article 4 (5) of the Basic Regulation requires that injury is caused to the producers of all or almost all of the production within the regional market concerned. In the present proceeding, however, the Commission's examination of the individual producers investigated, on both inland and coastal areas, did not lead to the conclusion that this requirement was met.G. THREAT OF INJURY (17) The Commission considers that, although the complainant also alleged that a threat of material injury existed, no substantial evidence of such threat was presented by the complainant when the complaint was submitted, nor found in the course of the investigation.H. TERMINATION OF THE PROCEEDING (18) In the absence of injury or threat thereof to the producers of all or almost all of the production within the regional market under consideration, a determination of material injury with regard to the Community industry concerned by the present proceeding cannot be made.In these circumstances, it is concluded that the introduction of protective measures appears to be unnecessary and the anti-dumping proceeding should be terminated,HAS DECIDED AS FOLLOWS:Sole Article The anti-dumping proceeding concerning imports into Spain of certain Portland cement originating in Turkey, Romania and Tunisia is hereby terminated.Done at Brussels, 30 January 1997.For the CommissionLeon BRITTANVice-President(1) OJ No L 56, 6. 3. 1996, p. 1.(2) OJ No L 209, 2. 8. 1988, p. 1.(3) OJ No C 100, 22. 4. 1992, p. 4.