Important legal notice

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32001D0692

2001/692/EC: Decision of the European Parliament and of the Council of 3 May 2001 on the adjustment of the financial perspective to take account of the conditions of implementation

Official Journal L 246 , 15/09/2001 P. 0028 - 0032

Decision of the European Parliament and of the Councilof 3 May 2001on the adjustment of the financial perspective to take account of the conditions of implementation(2001/692/EC)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to paragraphs 16 to 18 of the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure(1),Having regard to the proposal from the Commission(2),Acting in accordance with the voting rules laid down in the fifth subparagraph of Article 272(9) of the Treaty,Whereas:(1) The financial perspective for 2000-06 must be adjusted to take account of the implementation of the budget in 2000.(2) As a result of a delay in the adoption of certain programmes relating to structural operations, EUR 6152,3 million of the allocation provided for the Structural Funds could not be committed in 2000 nor carried over to 2001. Under paragraph 17 of the Interinstitutional Agreement, this amount must be transferred to subsequent financial years by increasing the corresponding expenditure ceilings for appropriations for commitments.(3) The 2000 budget outturn does not show any need for an adjustment to the overall ceiling for appropriations for payments at this stage. The situation in this respect will be reviewed at each future adjustment exercise,HAVE ADOPTED THIS DECISION:Article 1The annual ceilings for appropriations for commitments in the Structural Funds subheading of heading 2 of the financial perspective shall be raised by the following amounts, expressed in millions of euro in current prices.>TABLE>Article 2The financial perspective for EU-15 and the financial framework for EU-21, after the technical adjustment for 2002 in line with movements in GNP and prices and the adjustments covered by this Decision, are attached.Done at Brussels, 3 May 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentA. Lindh(1) OJ C 172, 18.6.1999, p. 1.(2) OJ C 180 E, 26.6.2001, p. 244.ANNEXTABLE 1Financial Perspective (EU-15) - Adjusted to 2002 prices - After adjustment (for implementation) in 2001>TABLE>TABLE 2Financial Framework EU-21 - Adjusted to 2002 prices - After adjustment (for implementation) in 2001>TABLE>


Avis juridique important

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31998D0268

98/268/EC: Council Decision of 30 March 1998 on the principles, priorities, intermediate objectives and conditions contained in the accession partnership with the Republic of Slovenia

Official Journal L 121 , 23/04/1998 P. 0046 - 0050

COUNCIL DECISION of 30 March 1998 on the principles, priorities, intermediate objectives and conditions contained in the accession partnership with the Republic of Slovenia (98/268/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant countries in the framework of the pre-accession strategy, and in particular on the establishment of accession partnerships (1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas the Luxembourg European Council stated that the accession partnership is a new instrument, the key feature of the enhanced pre-accession strategy;Whereas Regulation (EC) No 622/98 sets out that the Council shall decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual accession partnerships, as they are submitted to each applicant country, as well as on subsequent significant adjustments applicable to them;Whereas Community assistance is conditional on the fulfilment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfilment of the Copenhagen criteria; whereas, where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance;Whereas the Luxembourg European Council decided that the implementation of the accession partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies;Whereas the Commission's opinion presented an objective analysis on the Republic of Slovenia's preparations for membership and identified a number of priority areas for further work;Whereas, in order to prepare for membership, the Republic of Slovenia should draw up a national programme for the adoption of the acquis; whereas this programme should set out a timetable for achieving the priorities and intermediate objectives established in the accession partnership,HAS DECIDED AS FOLLOWS:Article 1 In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions contained in the accession partnership for the Republic of Slovenia are set out in the Annex hereto, which forms an integral part of this Decision.Article 2 The implementation of the accession partnership will be examined in the Europe Agreement bodies and through the appropriate Council bodies to which the Commission will report regularly.Article 3 This Decision shall enter into force on the third day following its publication in the Official Journal of the European Communities.Done at Brussels, 30 March 1998.For the CouncilThe PresidentM. BECKETT(1) OJ L 85, 20.3.1998, p. 1.ANNEX SLOVENIA 1. Objectives The purpose of the accession partnership is to set out in a single framework the priority areas for further work identified in the Commission's opinion on Slovenia's application for membership of the European Union, the financial means available to help Slovenia implement these priorities and the conditions which will apply to that assistance. The accession partnership will provide a framework for a number of policy instruments which will be used to help the candidate countries in their preparations for membership. These will include inter alia the national programme for the adoption of the acquis to be adopted by Slovenia, the joint assessment of economic policy priorities, the pact against organised crime and the internal market road maps. Each of these instruments is different in nature and will be prepared and implemented according to specific procedures. They will not be an integral part of this partnership, but the priorities they contain will be compatible with it.2. Principles The main priority areas identified for each candidate country relate to their ability to assume the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate country has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid, the European Council stressed the need for the candidate countries to adjust their administrative structures to ensure the harmonious operation of Community policies after accession and at Luxembourg, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied.3. Priorities and intermediate objectives The Commission's opinions and the Council's examination of these have highlighted the extent of the efforts which still have to be made in certain areas by the candidate countries to prepare for accession and took the view that none of these countries fully satisfies all of the Copenhagen criteria at the present time. This situation will require the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the countries concerned, the achievement of which will condition the degree of assistance granted and the progress of the negotiations under way with some countries and the opening of new negotiations with the others. The priorities and intermediate objectives have been divided into two groups - short and medium term. Those listed under the short-term have been selected on the basis that it is realistic to expect that Slovenia can complete or take them substantially forward by the end of 1998. In view of the short time span, and taking into account the administrative capacity required to achieve them, the number of priorities selected for the short term has been limited. The priorities listed under the medium term are expected to take more than one year to complete although work may and should also begin on them during 1998.Slovenia will be invited to draw up a national programme for the adoption of the acquis (NPAA) by the end of March which should set out a timetable for achieving these priorities and intermediate objectives and, where possible and relevant, indicate the necessary staff and financial resources.The accession partnership will indicate that Slovenia will have to address all issues identified in the opinion. Incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's opinion and the Council's examination of this, the following short- and medium-term priorities and intermediate objectives have been identified for Slovenia.3.1. Short-term (1998) Economic reform: establishment of medium-term economic policy priorities and joint assessment within the framework of the Interim/Cooperation Agreement; action on market-driven restructuring in the enterprise, finance and banking sectors and preparation of pension reform.Reinforcement of institutional and administrative capacity: in particular introduction of a civil service act, improvements in the areas of the judiciary, of land registration, phytosanitary and veterinary administration, particularly as regards facilities at the external borders, financial control and audit functions, institutional strengthening in the area of environment, begin to set up structures needed for regional and structural policy.Internal market: including alignment in the areas of indirect taxation, intellectual and industrial property, adoption of VAT law and preparation for implementation in 1999, standardisation and certification (conformity assessment), technical regulations, and of company legislation and liberalisation of capital movements (in particular currency legislation), establishment of a State aid monitoring authority, a first State aid inventory and the creation of a legal framework for State aid control, progress towards adoption of an anti-trust law.Property law: further clarification of the situation pertaining to property legislation with particular regard to the right to purchase property for Union citizens.Environment: continue transposition of framework legislation, finalising the detailed approximation programmes and implementation strategies related to individual acts. Planning and commencement of implementation of these programmes and strategies.3.2. Medium-term Political criteria: pursue efforts to speed up property restitution.Economic policy: regular review of the joint assessment of economic policy priorities, within the Europe Agreement framework, focusing on satisfying the Copenhagen criteria for membership of the Union and the acquis in the area of economic and monetary policy (coordination of economic policies, submission of convergence programmes, avoidance of excessive deficits); while Slovenia is not expected to adopt the euro immediately on accession, it is expected to pursue policies which aim to achieve real convergence in accordance with the Union's objectives of economic and social cohesion, and nominal convergence compatible with the ultimate goal of adoption of the euro.Reinforcement of institutional and administrative capacity: as regards public procurement (in particular transparency), supervision of the insurance and security market, the Slovene Competition Office, completion of competition law, development and implementation of agricultural and regional policies, audiovisual policies, customs administration and enforcement of the customs code; improved operation of the judicial system; training for the judiciary in Community law and its application, reinforcement of justice and home affairs institutions (ensuring sufficient and properly trained personnel, in particular police, border guards, ministries and courts), strengthening of the nuclear safety authority, reform of customs and tax administrations to ensure readiness to apply the acquis, the reinforcement of food control administration.Internal market: including the alignment of legislation on public procurement, financial services, State aid (in particular alignment of monitoring rules and exclusive and special rights), upgrading of standardisation and conformity assessment structures, establishment of a market surveillance system and alignment of horizontal technical legislation on industrial products, increased efforts to liberalise the capital market and to facilitate foreign investments, further alignment of consumer protection, reinforcement of the competition office and the State aid monitoring authority, efficient enforcement of competition law, promotion of enterprise development, including small and medium-sized enterprises (SMEs), alignment with the acquis in the fields of telecommunications, consumer protection and the internal energy market.Justice and home affairs: fight against organised crime (in particular money laundering, drugs and trafficking in human beings) and corruption, alignment of visa policy with that of the Union and completion of alignment on international conventions, implementation of migration policy and asylum procedures, notably in view of the Schengen acquis.Nuclear safety: nuclear policy and investment plans to be adjusted in line with the results of the seismic risk assessment to be carried out in the surroundings of the Krsko NPP.Agriculture: establishment of a functioning land registry, strengthening of structural and rural development policy, including alignment with the agricultural acquis (including veterinary and phytosanitary matters, in particular external border controls), attention to environmental aspects of agriculture and biodiversity. Development of the capacity to implement and enforce the common agricultural policy (CAP), in particular the fundamental management mechanisms and administrative structures to monitor the agricultural markets and implement structural and rural development measures, adoption and implementation of the veterinary and phytosanitary requirements, upgrading of certain food-processing establishments and testing and diagnostic facilities, restructuring of the agri-food sector.Fisheries: development of capacity to implement and enforce the common fisheries policy.Transport: further efforts on alignment with the acquis, in particular on road transport (market access, safety rules and taxation) and rail, and to provide necessary investment for transport infrastructure, notably extension of trans-European networks.Employment and social affairs: development of appropriate labour-market structures and joint review of employment policies as preparation for participation in Union coordination; alignment of labour and occupational health and safety legislation and development of enforcement structures in particular early adoption of the framework directive on health and safety at work; enforcement of equal opportunities between women and men; further development of active, autonomous social dialogue; further development of social protection.Environment: including the development of monitoring and implementation control structures and capacities, continuous planning and implementation of approximation programmes related to individual legal acts. A particular emphasis should be given to air pollution, the waste water sector as well as integrated industrial pollution control and risk management. Environmental protection requirements and the need for sustainable development must be integrated into the definition and implementation of national, sectoral policies.Regional policy and cohesion: introduce the legal administrative and budgetary framework for a national policy to address regional disparities through an integrated approach, in order to participate in Union structural programmes after membership.4. Programming The PHARE allocation for the period 1995 to 1997 has totalled ECU 72 million. Subject to the approval of the PHARE budget for the remaining period, the Commission will confirm the allocations for 1998 and 1999. Financial proposals will be submitted to the PHARE Management Committee as provided for in Regulation (EEC) No 3906/89. Joint financing by the applicant countries will be systematically required for all investment projects. Financial assistance from the year 2000 onwards will comprise aid for agriculture and a structural instrument which will give priority to measures similar to the Cohesion Fund.5. Conditionality Community assistance will be conditional on respect by Slovenia of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and progress in implementing this accession partnership. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.6. Monitoring The implementation of the accession partnership will be monitored in the framework of the Europe Agreement. This will begin in 1998 before the Commission presents its first regular report to the Council reviewing the progress made by Slovenia including implementation of the accession partnership.The relevant sections of the accession partnership will be discussed in the appropriate sub-committee. The Association Committee will discuss overall developments, progress and problems in meeting its priorities and intermediate objectives as well as more specific issues referred to it from the sub-committees. The Association Committee will report to the Association Council on the implementation of the accession partnership.The PHARE Management Committee will ensure that financing decisions are compatible with the accession partnerships.The accession partnership will be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98. The Commission will propose, before the end of 1999 and at regular intervals thereafter, a review of this partnership, on which the Council will take a formal decision. These reviews will include consideration of the need to further specify intermediate objectives in the light of the progress made by Slovenia in meeting the objectives set out in this partnership.


title: Council Decision (CFSP) 2015/442 of 16 March 2015 launching the European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) and amending Decision 2015/78/CFSP

text:
               17.3.2015

               EN

               Official Journal of the European Union

               L 72/39

         COUNCIL DECISION (CFSP) 2015/442
   of 16 March 2015
   launching the European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) and amending Decision 2015/78/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,
   Having regard to Council Decision 2015/78/CFSP of 19 January 2015 on a European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) (1), and in particular Article 4 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 19 January 2015, the Council adopted Decision 2015/78/CFSP.

               (2)

               On 9 February 2015, the Council approved the Rules of Engagement of EUMAM RCA.

               (3)

               On 6 March 2015, the Council approved the Mission Plan of EUMAM RCA.

               (4)

               On 11 March 2015, the Political and Security Committee welcomed the letter from the Mission Commander regarding the recommendation to launch EUMAM RCA and the envisaged time frame for declaring Initial Operating Capability of EUMAM RCA.

               (5)

               EUMAM RCA should be launched on 16 March 2015.

               (6)

               In accordance with Article 5 of the 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 does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark does not participate in the implementation of this Decision and therefore does not participate in the financing of this mission,

         HAS ADOPTED THIS DECISION:
   Article 1
   The European Union CSDP Military Advisory Mission in the Central African Republic (‘EUMAM RCA’) shall be launched on 16 March 2015.
   Article 2
   The EU Mission Commander of EUMAM RCA is hereby authorised with immediate effect to start execution of the mission.
   Article 3
   Article 4(2) of Decision 2015/78/CFSP is replaced by the following:

      ‘2.   EUMAM RCA shall be launched by a Council Decision on the date recommended by the Mission Commander, following approval of the Mission Plan and, if required, of additional Rules of Engagement.’

   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 16 March 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 13, 20.1.2015, p. 8.


Avis juridique important

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31995D0024

95/24/EC, ECSC, Euratom: Council Decision of 6 February 1995 amending the Council Decision of 6 December 1993 adopting the Council's Rules of Procedure, following the accession of Austria, Finland and Sweden

Official Journal L 031 , 10/02/1995 P. 0014 - 0014

COUNCIL DECISION of 6 February 1995 amending the Council Decision of 6 December 1993 adopting the Council's Rules of Procedure, following the accession of Austria, Finland and Sweden (95/24/EC, Euratom, ECSC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 151 (3) thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 30 (3) thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121 (3) thereof,HAS DECIDED AS FOLLOWS:Sole Article In Article 7 (4) of the Council's Rules of Procedure, the word 'six` shall be replaced by 'eight`.Done at Brussels, 6 February 1995.For the CouncilThe PresidentA. JUPPÉ


title: 2013/603/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/307

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2011
   (2013/603/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2011, together with the Foundation’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 — C7-0041/2013),

               —

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

               —

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

               —

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

               —

               having regard to Regulation (EEC) No 1365/75 of the Council of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (4), and in particular Article 16 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0067/2013),

               1.

               Approves the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2011;

               2.

               Instructs its President to forward this Decision to the Director of the European Foundation for the Improvement of Living and Working Conditions, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 174.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 139, 30.5.1975, p. 1.

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


title: 2009/762/EC: Decision of the European Parliament and of the Council of 16 September 2009 on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

text:
               17.10.2009

               EN

               Official Journal of the European Union

               L 273/14

      DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 16 September 2009
   on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
   (2009/762/EC)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,
   Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The European Union has created a European Union Solidarity Fund (the Fund) to show solidarity with the population of regions struck by disasters.

               (2)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.

               (3)

               Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.

               (4)

               France submitted an application to mobilise the Fund, concerning a disaster caused by storm,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   For the general budget of the European Union for the financial year 2009, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 109 377 165 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 16 September 2009.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         C. MALMSTRÖM

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 311, 14.11.2002, p. 3.


title: Council Decision of 28 October 2014 appointing a Danish member and a Danish alternate member of the Committee of the Regions

text:
               30.10.2014

               EN

               Official Journal of the European Union

               L 309/34

         COUNCIL DECISION
   of 28 October 2014
   appointing a Danish member and a Danish alternate member of the Committee of the Regions

      (2014/747/EU)

   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 Danish Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015. On 8 July 2014, by Council Decision 2014/445/EU (3), Mr Marc PERERA CHRISTENSEN was appointed as alternate member until 25 January 2015.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Søren PAPE POULSEN.

               (3)

               An alternate member's seat will become vacant following the appointment of Mr Marc PERERA CHRISTENSEN as member of the Committee of the Regions.

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               (a)

               as member:

                           —

                           Mr Marc PERERA CHRISTENSEN, Anden Viceborgmester, Aarhus City Council

                     and

               (b)

               as alternate member:

                           —

                           Mr Martin HULGAARD, Viceborgmester, Municipality of Struer.

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

      Done at Luxembourg, 28 October 2014.

            For the Council

            The President

         G. L. GALLETTI

      (1)  OJ L 348, 29.12.2009, p. 22

      (2)  OJ L 12, 19.1.2010, p. 11.

      (3)  OJ L 201, 10.7.2014, p. 25.


title: 2004/889/EC: Council Decision of 16 November 2004 on the conclusion of an Agreement between the European Community and the Government of the People’s Republic of China on cooperation and mutual administrative assistance in customs matters

text:
               23.12.2004

               EN

               Official Journal of the European Union

               L 375/19

         COUNCIL DECISION
   of 16 November 2004
   on the conclusion of an Agreement between the European Community and the Government of the People’s Republic of China on cooperation and mutual administrative assistance in customs matters
   (2004/889/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 read in conjunction with Article 300(2), subparagraph (1), first sentence, thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               In April 1993 the Council adopted a Decision authorising the Commission to negotiate a customs cooperation agreement on behalf of the Community with Canada, Hong Kong, Japan, Korea and the United States which was extended in May 1997 with regard to the ASEAN countries and China.

               (2)

               The Agreement between the European Community and the Government of the People's Republic of China on cooperation and mutual administrative assistance in customs matters should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Government of the People's Republic of China on cooperation and mutual administrative assistance in customs matters is hereby approved on behalf of the European Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The Commission, assisted by representatives of the Member States, shall represent the Community on the Joint Customs Cooperation Committee set up under Article 21 of the Agreement.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community, thereby expressing the consent of the Community to be bound.
   Article 4
   The President of the Council shall effect the notification provided for in Article 22 of the Agreement on behalf of the Community (1).

      Done at Brussels, 16 November 2004.

            For the Council

            The President

         G. ZALM

      (1)  The date of the entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
   AGREEMENT
   between the European Community and the Government of the People’s Republic of China on cooperation and mutual administrative assistance in customs matters
   THE EUROPEAN COMMUNITY,
   and
   THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA
   hereinafter referred to as the ‘Contracting Parties’,
   CONSIDERING the importance of the commercial links between the European Community and the People’s Republic of China, and desirous of contributing to the benefit of both Contracting Parties, to the harmonious development of those links;
   BELIEVING THAT, in order to attain this objective, there should be an undertaking to develop customs cooperation;
   TAKING into account the development of customs cooperation between the Contracting Parties, concerning customs procedures;
   CONSIDERING that operations in breach of customs legislation including infringements of intellectual property rights, are prejudicial to the economic, fiscal and commercial interests of both Contracting Parties, and recognising the importance of ensuring the accurate assessment of customs duties and other taxes, in particular, by a correct application of the rules on customs valuation, origin and tariff classification;
   CONVINCED that action against such operations can be made more effective through cooperation between competent administrative authorities;

         HAVE AGREED AS FOLLOWS:
   TITLE I
   GENERAL PROVISIONS
   Article 1
   Definitions
   For the purposes of the Agreement:

               (a)

               ‘customs legislation’ shall mean any laws, provisions or other legally binding instruments of the European Community or the People’s Republic of China, governing the import, export and transit of goods and their placing under any other customs regime or procedure, including measures of prohibitions, restrictions and control;

               (b)

               ‘customs authority’ shall mean, in the European Community, the competent services responsible for customs matters of the Commission of the European Communities and the customs authorities of the Member States of the European Community and in the People’s Republic of China, the General Administration of Customs of the People’s Republic of China;

               (c)

               ‘applicant authority’ shall mean a competent customs authority which is designated by a Contracting Party for this purpose and which makes a request for administrative assistance, on the basis of this Agreement;

               (d)

               ‘requested authority’ shall mean a competent customs authority which is designated by a Contracting Party for this purpose and which receives a request for administrative assistance, on the basis of this Agreement;

               (e)

               ‘personal data’ shall mean all information relating to an identified or identifiable individual;

               (f)

               ‘operation in breach of customs legislation’ shall mean any violation or attempted violation of the customs legislation;

               (g)

               ‘person’ shall mean either a human being or a legal entity;

               (h)

               ‘information’ shall mean data, whether or not processed or analysed, and documents, reports, and other communications in any format, including electronic, or certified or authenticated copies thereof.

         Article 2
   Territorial application
   This Agreement shall apply on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the customs territory of the People’s Republic of China.
   Article 3
   Future developments
   The Contracting Parties may by mutual consent expand this Agreement with a view to increasing the levels of customs cooperation and supplementing them, in accordance with their respective customs legislation, by means of agreements on specific sectors or matters.
   TITLE II
   SCOPE OF THE AGREEMENT
   Article 4
   Performance of cooperation and assistance
   All cooperation and assistance under this Agreement shall be performed by the Contracting Parties in accordance with their relevant laws, provisions, and other legal instruments. In addition, all cooperation and assistance under this Agreement by either Contracting Party shall be performed within the limits of its competence and available resources.
   Article 5
   Obligations imposed under other agreements
   1.   Taking into account the respective competencies of the European Community and the Member States, the provisions of this Agreement shall:

               (a)

               not affect the obligations of the Contracting Parties under any other international agreement or convention,

               (b)

               be deemed complementary to agreements on customs cooperation and mutual administrative assistance which have been or may be concluded between individual Member States and the People's Republic of China,

               (c)

               not affect the Community provisions governing the communication between the competent services of the Commission and the customs authorities of the Member States of any information obtained under this Agreement which could be of interest to the Community;

         2.   Notwithstanding the provisions of paragraph 1, the provisions of this Agreement shall take precedence over the provisions of any bilateral agreement on customs cooperation and mutual administrative assistance which has been or may be concluded between individual Member States and the People's Republic of China, insofar as the provisions of the latter are incompatible with those of this Agreement.
   3.   In respect of questions relating to the applicability of this Agreement, the Contracting Parties shall consult each other to resolve the matter in the framework of the Joint Customs Cooperation Committee set up under Article 21 of this Agreement.
   TITLE III
   CUSTOMS COOPERATION
   Article 6
   Scope of the cooperation
   1.   The Contracting Parties shall undertake to develop customs cooperation. In particular, the Contracting Parties shall seek to cooperate in:

               (a)

               establishing and maintaining channels of communication between their customs authorities to facilitate and secure the rapid exchange of information;

               (b)

               facilitating effective coordination between their customs authorities;

               (c)

               any other administrative matters related to this Agreement that may from time to time require their joint action.

         2.   The Contracting Parties undertake to develop trade facilitation actions in customs matters taking account of the work done in this connection by international organisations.
   3.   Under this Agreement, customs cooperation shall cover all matters relating to the application of customs legislation.
   Article 7
   Cooperation in customs procedures
   The Contracting Parties affirm their commitment to the facilitation of the legitimate movement of goods and shall exchange information and expertise on measures to improve customs techniques and procedures and on computerised systems with a view towards implementing that commitment in accordance with the provisions of this Agreement.
   Article 8
   Technical cooperation
   The customs authorities of the Contracting Parties may provide each other with technical assistance when mutually beneficial in customs matters including:

               (a)

               the exchange of personnel and experts, for the purposes of promoting the mutual understanding of each other’s customs law, procedures and techniques;

               (b)

               the training, particularly developing specialised skills of their customs officials;

               (c)

               the exchange of professional, scientific and technical data relating to customs law and procedures.

               (d)

               techniques and improved methods of processing passengers and cargo.

               (e)

               any other general administrative matters that may from time to time require joint actions by their customs administrations.

         Article 9
   Coordination in international organisations
   The customs authorities shall seek to develop and strengthen their cooperation on topics of common interest in order to seek a coordinated position when those topics are discussed in the framework of international organisations.
   TITLE IV
   MUTUAL ADMINISTRATIVE ASSISTANCE
   Article 10
   Scope
   1.   The customs authorities shall assist each other by providing appropriate information which helps to ensure the proper application of customs legislation and the prevention, investigation and combating of any breach of customs legislation.
   2.   Assistance in customs matters, as provided for in this Agreement, shall apply to any administrative authority of the Contracting Parties which is competent for the application of this Agreement. It shall not prejudice the rules governing mutual assistance in criminal matters. Nor shall it cover information obtained under powers exercised at the request of a judicial authority;
   3.   Assistance to recover duties, taxes or fines, or the arrest or detention of any person or seizure or detention of property is not covered by this Agreement.
   Article 11
   Assistance on request
   1.   At the request of the applicant authority, the requested authority shall provide it with all relevant information which may enable it to ensure that customs legislation is correctly applied, including information regarding activities detected or planned which are or could be operations in breach of customs legislation. In particular, upon request, the customs authorities shall furnish to each other information regarding activities that may result in offences within the territory of the other Party, for example, incorrect customs declarations and certificates of origin, invoices or other documents known to be, or suspected of being, incorrect or falsified.
   2.   At the request of the applicant authority, the requested authority shall inform it of:

               (a)

               the authenticity of official documents produced in support of a goods declaration made to the customs authority of the requesting Party;

               (b)

               whether goods exported from the territory of one of the Contracting Parties have been legally imported into the territory of the other Contracting Party, specifying, where appropriate, the customs procedure applied to the goods;

               (c)

               whether goods imported into the territory of one of the Contracting Parties have been legally exported from the territory of the other Contracting Party, specifying, where appropriate, the customs procedure applied to the goods.

         3.   At the request of the applicant authority, the requested authority shall, within the framework of its laws, provisions or other legally binding instruments, take the necessary steps to ensure special surveillance of:

               (a)

               persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation;

               (b)

               places where stocks of goods have been or may be stored or assembled in such a way that there are reasonable grounds for believing that these goods are intended to be used in operations in breach of customs legislation;

               (c)

               goods that are or may be transported in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation;

               (d)

               means of transport that are or may be used in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation.

         Article 12
   Spontaneous assistance
   The Contracting Parties shall assist each other, at their own initiative and in accordance with their laws, provisions or other legally binding instruments if they consider that to be necessary for the correct application of customs legislation, in particular in situations that could involve substantial damage to the economy, public health, public security or similar vital interest of the other Contracting Party pertaining to:

               (a)

               activities which are or appear to be operations in breach of customs legislation and which may be of interest to the other Contracting Party;

               (b)

               new means or methods employed in carrying out operations in breach of customs legislation;

               (c)

               goods known to be subject to operations in breach of customs legislation;

               (d)

               persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation;

               (e)

               means of transport in respect of which there are reasonable grounds for believing that they have been, are, or may be used in operations in breach of customs legislation.

         Article 13
   Form and substance of requests for assistance
   1.   Requests pursuant to this Agreement shall be made in writing. They shall be accompanied by the documents necessary to enable compliance with the request. When required because of the urgency of the situation, oral requests may be accepted, but shall be confirmed promptly in writing.
   2.   Requests pursuant to paragraph 1 shall include the following information:

               (a)

               the formal endorsement of the applicant authority;

               (b)

               the action requested;

               (c)

               the object of and the reason for the request;

               (d)

               the laws, regulations or other legally binding instruments involved;

               (e)

               indications as exact and comprehensive as possible on the persons who are the target of the investigations;

               (f)

               a summary of the relevant facts and of the enquiries already carried out.

         3.   Requests shall be submitted in an official language of the requested authority or in a language acceptable to that authority. This requirement shall not apply to any documents that accompany the request under paragraph 1.
   4.   If a request does not meet the formal requirements set out above, its correction or completion may be requested; precautionary measures may be ordered in the meantime.
   Article 14
   Execution of requests
   1.   In order to comply with a request for assistance, the requested authority shall proceed, within the limits of its competence and available resources, as though it were acting on its own account or at the request of other authorities of that same Contracting Party, by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out.
   2.   Requests for assistance shall be executed in accordance with the laws, regulations or other legally binding instruments of the requested authority.
   3.   Duly authorised officials of a Contracting Party may, with the agreement of the other Contracting Party and subject to the conditions laid down by the latter, be present at enquiries carried out in the latter's jurisdiction into specific cases.
   4.   In the event that the request cannot be complied with, the applicant authority shall be notified promptly of that fact, with a statement of the reasons and of any other information that the requested authority considers may be of assistance to the applicant authority.
   Article 15
   Form in which information is to be communicated
   1.   The requested authority shall communicate results of enquiries to the applicant authority in writing together with relevant documents, certified copies or other items.
   2.   This information may be in computerised form which shall where necessary be confirmed in writing immediately afterwards.
   Article 16
   Exceptions to the obligation to provide assistance
   1.   Assistance may be refused or may be subject to the satisfaction of certain conditions or requirements in cases where a Contracting Party is of the opinion that assistance under this Agreement would:

               (a)

               be likely to prejudice the sovereignty of a Member State of the European Community which has been requested to provide assistance under this Agreement or that of the People’s Republic of China; or

               (b)

               be likely to prejudice public order, security or other essential interests, in particular in the cases referred to under Article 17(2) or

               (c)

               violate an industrial, commercial or professional secret.

         2.   Assistance may be postponed by the requested authority on the ground that it will interfere with an ongoing investigation, prosecution or proceeding. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require.
   3.   Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request.
   4.   For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons therefor must be communicated to the applicant authority without undue delay.
   Article 17
   Information exchange and confidentiality
   1.   Any information communicated in whatsoever form pursuant to this Agreement shall be of a confidential or restricted nature, depending on the rules applicable in each of the Contracting Parties. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to similar information under the relevant laws of the Contracting Party that received it and the corresponding provisions applying to the Community authorities.
   2.   Personal data may be exchanged only where the Contracting Party which may receive it undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the Contracting Party that may supply it. The Contracting Party that may supply the information shall not stipulate any requirements that are more onerous than those applicable to it in its own jurisdiction. The Contracting Parties shall communicate to each other information on their applicable rules, including where appropriate, legal provisions in force in the Member States of the Community.
   3.   Nothing in this Agreement shall preclude the use of information or documents obtained in accordance with this Agreement as evidence in administrative proceedings subsequently instituted in respect of operations in breach of customs legislation. Therefore, the Contracting Parties may, in their records of evidence, reports and testimonies and in administrative proceedings use as evidence information obtained and documents consulted in accordance with the provisions of this Agreement. The competent authority which supplied that information or gave access to those documents shall be notified of such use.
   4.   Information obtained shall be used solely for the purposes of this Agreement. Where one of the Contracting Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the authority which provided the information. Such use shall then be subject to any restrictions laid down by that authority.
   5.   Practical arrangements for the implementation of this Article shall be determined by the Joint Customs Cooperation Committee established under Article 21.
   Article 18
   Experts and witnesses
   An official of a requested authority may be authorised to appear, within the limitations of authorisation granted, as an expert or witness in administrative proceedings regarding the matters covered by this Agreement in the territory of the other Contracting Party, and produce such objects, documents or certified copies thereof, as may be needed for the proceedings. The request for appearance must indicate specifically before which administrative authority the official will have to appear, on what matters and by virtue of what title or qualification the official will be questioned.
   Article 19
   Assistance expenses
   1.   The Contracting Parties shall waive all claims on each other for the reimbursement of expenses incurred pursuant to this Agreement, except, as appropriate, for expenses to experts and witnesses, and those to interpreters and translators who are not public service employees.
   2.   If expenses of a substantial or extraordinary nature are, or will be, required to execute the request, the Contracting Parties shall consult to determine the terms and conditions under which the request will be executed as well as the manner in which the costs shall be borne.
   TITLE V
   FINAL PROVISIONS
   Article 20
   Implementation
   1.   The implementation of this Agreement shall be entrusted to the customs authorities of the Commission of the European Communities and, where appropriate, of the Member States of the European Community on the one hand, and to the customs authority of the People’s Republic of China, on the other. They shall decide on all practical measures and arrangements necessary for its application, taking into consideration the rules in force in particular in the field of data protection. They may recommend to the competent bodies amendments which they consider should be made to this Agreement.
   2.   The Contracting Parties shall consult each other and subsequently keep each other informed of the detailed rules of implementation which are adopted in accordance with the provisions of this Agreement.
   Article 21
   Joint Customs Cooperation Committee
   1.   A Joint Customs Cooperation Committee is hereby established, consisting of representatives of the customs authorities of the European Community and the People’s Republic of China. It shall meet at a place, on a date and with an agenda, fixed by mutual agreement.
   2.   The Joint Customs Cooperation Committee shall, inter alia:

               (a)

               see to the proper functioning of the Agreement;

               (b)

               examine all issues arising from its application;

               (c)

               take measures necessary for customs cooperation in accordance with the objectives of this Agreement;

               (d)

               exchange views on any points of common interest regarding customs cooperation, including future measures and the resources for them;

               (e)

               recommend solutions aimed at helping to attain the objectives of this Agreement.

         3.   The Joint Customs Cooperation Committee shall adopt its internal rules of procedure.
   4.   The Joint Customs Cooperation Committee will where appropriate, keep informed the Joint Commission set up under Article 15 of the Agreement on Trade and Economic Cooperation between the European Economic Community and the People’s Republic of China of activities going on under this Agreement.
   Article 22
   Entry into force and duration
   1.   This Agreement shall enter into force on the first day of the month following the date on which the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose.
   2.   Each Contracting Party may terminate this Agreement by giving notice to the other in writing. The termination shall take effect three months from the day of notification to the other Contracting Party. Requests for assistance which have been received prior to the termination of the Agreement shall be completed in accordance with the provisions of this Agreement.
   Article 23
   Authentic texts
   This Agreement shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Chinese languages, each text being equally authentic.

      In witness whereof, the undersigned, being duly authorised to do so, have signed this Agreement.
      Done at The Hague, 8 December 2004.

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

         Por el Gobierno de la República Popular China
         Za vládu Činské lidové republiky
         For Folkerepublikken Kinas regering
         Im Namen der Regierung der Volksrepublik China
         Hiina Rahvavabariigi valitsuse nimel
         Για την κυβέρνηση της Λαϊκής Δημοκρατίας της Κίνας
         For the Government of the People's Republic of China
         Pour le gouvernement de la République populaire de Chine
         Per il Governo della Repubblica popolare cinese
         Kīnas Tautas Republikas vārdā
         Kinijos Liaudies Respublikos Vyriausybės vardu
         A Kínai Népköztársaság kormánya részéről
         Voor de Regering van de Volksrepubliek China
         W imieniu rządu Chińskiej Republiki Ludowej
         Pelo Governo da República Popular da China
         Za vládu Činskey ľudovej republiky
         Za Vlado Ljudske republike Kitajske
         Kiinan kansantasavallan hallituksen puolesta
         På Folkrepubliken Kinas regerings vägnar


Avis juridique important

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31980D0652

80/652/EEC: Commission Decision of 23 June 1980 approving the plan submitted by the Kingdom of Spain for the eradication of African swine fever

Official Journal L 177 , 11/07/1980 P. 0055

****( 1 ) OJ NO L 133 , 31 . 5 . 1979 , P . 27 .    COMMISSION DECISION   OF 23 JUNE 1980   APPROVING THE PLAN SUBMITTED BY THE KINGDOM OF SPAIN FOR THE ERADICATION OF AFRICAN SWINE FEVER  ( 80/652/EEC )   THE COMMISSION OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL DECISION 79/509/EEC OF 24 MAY 1979 ON FINANCIAL AID FROM THE COMMUNITY FOR THE ERADICATION OF AFRICAN SWINE FEVER IN SPAIN ( 1 ),   WHEREAS BY LETTER OF 29 FEBRUARY 1980 THE KINGDOM OF SPAIN COMMUNICATED TO THE COMMISSION A PLAN FOR THE ERADICATION OF AFRICAN SWINE FEVER ;   WHEREAS , AFTER EXAMINATION , THIS PLAN HAS BEEN FOUND TO BE IN ACCORDANCE WITH THE ABOVEMENTIONED DECISION , AND IN PARTICULAR WITH THE CRITERIA LAID DOWN IN ARTICLE 3 THEREOF ; WHEREAS , THEREFORE , THE CONDITIONS FOR A FINANCIAL CONTRIBUTION BY THE COMMUNITY ARE FULFILLED ;   WHEREAS THE MEASURES PROVIDED FOR IN THIS DECISION ARE IN ACCORDANCE WITH THE OPINION OF THE STANDING VETERINARY COMMITTEE ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE PLAN FOR THE ERADICATION OF AFRICAN SWINE FEVER SUBMITTED BY THE KINGDOM OF SPAIN IS HEREBY APPROVED .   ARTICLE 2   THE PERIOD FOR THE IMPLEMENTATION OF THE FIVE-YEAR PLAN REFERRED TO IN ARTICLE 1 SHALL RUN FROM 1 JULY 1980 .   DONE AT BRUSSELS , 23 JUNE 1980 .   FOR THE COMMISSION   FINN GUNDELACH   VICE-PRESIDENT


title: Decision of the Management Board of Europol of 19 October 2005 agreeing to the conditions and procedures laid down by Europol adapting the amounts mentioned in the Appendix to the Decision of the Europol Management Board of 16 November 1999 regarding taxes applicable to salaries and emoluments paid to Europol staff members for the benefit of Europol

text:
               15.11.2005

               EN

               Official Journal of the European Union

               C 282/4

      DECISION OF THE MANAGEMENT BOARD OF EUROPOL

   of 19 October 2005
   agreeing to the conditions and procedures laid down by Europol adapting the amounts mentioned in the Appendix to the Decision of the Europol Management Board of 16 November 1999 regarding taxes applicable to salaries and emoluments paid to Europol staff members for the benefit of Europol
   (2005/C 282/03)
   THE MANAGEMENT BOARD OF EUROPOL,
   Having regard to the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union and Article 41(3) of the Europol Convention, on the privileges and immunities of Europol, the members of its organs, the deputy directors and employees of Europol (1), and in particular Article 10 thereof,
   Whereas:

               1.

               The Council decided on 12 October 2005 to adapt the salaries and emoluments for Europol officials with 0,2 % with retroactive effect as of 1 July 2004.

               2.

               The Management Board decided on 19 October 2005 to effect an increase in the amounts mentioned in Article 4 of the Appendix to the Decision of the Management Board of 16 November 1999 (2) by the same percentage and as of the same date as determined by the Council Decision of 12 October 2005 mentioned under point 1.

               3.

               In accordance with the same decision of the Management Board of 19 October 2005, the values thus established should be published in the Official Journal of the European Union,

         HAS DECIDED AS FOLLOWS:
   Article 1
   With effect from 1 July 2004:

               1.

               The value mentioned in the first sentence of Article 4 of the Appendix to the Decision of the Europol Management Board of 16 November 1999 shall be replaced by EUR 110,24.

               2.

               The values in euro units of the table included in Article 4 of the Appendix to the Decision of the Europol Management Board of 16 November 1999 shall be replaced by the following:

                           8 % to amounts between EUR 110,24 and EUR 1 941,75

                           10 % to amounts between EUR 1 941,76 and EUR 2 674,46

                           12,5 % to amounts between EUR 2 674,47 and EUR 3 065,08

                           15 % to amounts between EUR 3 065,09 and EUR 3 480,86

                           17,5 % to amounts between EUR 3 480,87 and EUR 3 871,51

                           20 % to amounts between EUR 3 871,52 and EUR 4 250,14

                           22,5 % to amounts between EUR 4 250,15 and EUR 4 640,75

                           25 % to amounts between EUR 4 640,76 and EUR 5 019,40

                           27,5 % to amounts between EUR 5 019,41 and EUR 5 410,02

                           30 % to amounts between EUR 5 410,03 and EUR 5 788,67

                           32,5 % to amounts between EUR 5 788,68 and EUR 6 179,29

                           35 % to amounts between EUR 6 179,30 and EUR 6 558,53

                           40 % to amounts between EUR 6 558,54 and EUR 6 949,16

                           45 % to amounts above EUR 6 949,17.

         Article 2
   This Decision shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall enter into force the day following that of its adoption.

      Done at The Hague, 19 October 2005.

         Rob WAINWRIGHT

            Chairman of the Management Board

      (1)  OJ C 221, 19.7.1997, p. 2.

      (2)  OJ C 65, 28.2.2001, p. 8.


title: 2010/199/CFSP: Council Decision 2010/199/CFSP of 22 March 2010 on the signing and conclusion of the Agreement between the European Union and Montenegro on the participation of Montenegro in the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Operation Atalanta)

text:
               8.4.2010

               EN

               Official Journal of the European Union

               L 88/1

         COUNCIL DECISION 2010/199/CFSP
   of 22 March 2010
   on the signing and conclusion of the Agreement between the European Union and Montenegro on the participation of Montenegro in the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Operation Atalanta)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, in particular Article 37 thereof, and the Treaty on the Functioning of the European Union, in particular Article 218(5) and (6) thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 10 November 2008, the Council adopted Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (operation Atalanta).

               (2)

               Article 10(3) of that Joint Action provides that detailed modalities for the participation by third States shall be the subject of agreements to be concluded in accordance with Article 37 of the Treaty on European Union.

               (3)

               Following the Decisions by the Political and Security Committee of 21 April 2009 on the acceptance of third States’ contributions to operation Atalanta (ATALANTA/2/2009) (2) and on the setting up of a Committee of Contributors (ATALANTA/3/2009) (3), an Agreement has been negotiated between the European Union and Montenegro on the participation of Montenegro in the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Operation Atalanta) (the Agreement).

               (4)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and Montenegro on the participation of Montenegro in the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Operation Atalanta) (the Agreement) is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.
   Article 3
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 10(1) of the Agreement (4).
   Article 4
   This Decision shall enter into force on the date of its adoption.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 March 2010.

            For the Council

            The President

         M. Á. MORATINOS

      (1)  OJ L 301, 12.11.2008, p. 33.

      (2)  OJ L 109, 30.4.2009, p. 52.

      (3)  OJ L 112, 6.5.2009, p. 9 and addendum in OJ L 119, 14.5.2009, p. 40.

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

               8.4.2010

               EN

               Official Journal of the European Union

               L 88/3

         AGREEMENT
   between the European Union and Montenegro on the participation of Montenegro in the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Operation Atalanta)
   THE EUROPEAN UNION (EU),
   of the one part, and
   MONTENEGRO,
   of the other part,
   hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:
   the adoption by the Council of the European Union of Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (operation Atalanta), as amended by Council Decision 2009/907/CFSP (2),
   the invitation by the EU to Montenegro to participate in the EU-led operation,
   the successful completion of the Force Generation process and the recommendation by the EU Operation Commander and the EU Military Committee to agree on the participation of Montenegro’s forces in the EU-led operation,
   the Political and Security Committee Decision ATALANTA/2/2009 of 21 April 2009 on the acceptance of third States’ contributions to the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) (3) and the Political and Security Committee Decision ATALANTA/3/2009 of 21 April 2009 on the setting up of the Committee of Contributors for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) (4), which were both amended by Political and Security Committee Decision ATALANTA/7/2009 (5),
   the decision by Montenegro of 13 August 2009 to participate in operation Atalanta,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Participation in the operation
   1.   Montenegro shall associate itself with Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (operation Atalanta), as amended by Decision 2009/907/CFSP, and with any further Decision by which the Council of the European Union decides to extend the operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The contribution of Montenegro to the European Union-led naval force (EUNAVFOR) is without prejudice to the decision-making autonomy of the European Union.
   3.   Montenegro shall ensure that its forces and personnel participating in operation Atalanta undertake their mission in conformity with:

               —

               Joint Action 2008/851/CFSP and possible subsequent amendments,

               —

               the Operation Plan,

               —

               any implementing measures.

         4.   Forces and personnel seconded to the operation by Montenegro shall carry out their duties and conduct themselves solely with the interest of operation Atalanta in mind.
   5.   Montenegro shall inform the EU Operation Commander in due time of any change to its participation in the operation.
   Article 2
   Status of forces
   1.   The status of the forces and personnel contributed to operation Atalanta by Montenegro shall be governed by the agreement on the status of forces concluded between the European Union and Somalia, Djibouti or any other country in the region with which such an agreement will have been concluded for the purposes of the operation, or by the unilateral declaration on the status of forces issued by Kenya, the Seychelles or any country in the region which will have issued such a declaration for the purposes of the operation.
   2.   The status of the forces and personnel contributed to headquarters or command elements located outside the joint operation area, shall be governed by arrangements between the Host State of the headquarters and command elements concerned and Montenegro.
   3.   Without prejudice to the agreements and declarations on the status of forces referred to in paragraphs 1 and 2, Montenegro shall exercise jurisdiction over its forces and personnel participating in operation Atalanta.
   4.   Montenegro shall be responsible for answering any claims linked to the participation in operation Atalanta, from or concerning any of its forces and personnel. Montenegro shall be responsible for bringing any action, in particular legal or disciplinary, against any of its forces and personnel, in accordance with its laws and regulations.
   5.   Montenegro undertakes to make a declaration as regards the waiver of claims against any State participating in operation Atalanta, and to do so when signing this Agreement.
   6.   European Union Member States undertake to make a declaration as regards the waiver of claims, for the participation of Montenegro in operation Atalanta, and to do so when signing this Agreement.
   Article 3
   Conditions of transfer of persons arrested and detained with a view to their prosecution
   If Montenegro exercises its jurisdiction upon persons having committed or suspected of having committed acts of piracy, or acts of armed robbery in a coastal State’s territorial sea, within the area of the Operation, the transfer of persons arrested with a view to their prosecution and detained by EUNAVFOR and seized property in the possession of EUNAVFOR, from EUNAVFOR to Montenegro, shall be carried out under the conditions set out in the Annex, which forms an integral part of this Agreement.
   Article 4
   Classified information
   1.   Montenegro shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council’s security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations (6), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander.
   2.   Where the EU and Montenegro have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of operation Atalanta.
   Article 5
   Chain of command
   1.   All forces and personnel participating in operation Atalanta shall remain under the full command of their national authorities.
   2.   National authorities shall transfer the Operational and Tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his authority.
   3.   Montenegro shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.
   4.   The EU Operation Commander may — following consultations with Montenegro — at any time request the withdrawal of Montenegro’s contribution.
   5.   A Senior Military Representative (SMR) shall be appointed by Montenegro to represent its national contingent in operation Atalanta. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.
   Article 6
   Financial aspects
   1.   Montenegro shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 1(1) of this Agreement, as well as in Council Decision 2008/975/CFSP of 18 December 2008 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (7).
   2.   Operation Atalanta shall provide logistic support to the Montenegrin contingent on a cost reimbursement basis under the conditions provided in the implementing arrangements referred to in Article 7. Administrative management of related expenditure shall be entrusted to Athena.
   3.   In the event of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, Montenegro shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on status of forces, if available, as referred to in Article 2(1) of this Agreement.
   Article 7
   Arrangements to implement the Agreement
   Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the High Representative of the Union for Foreign Affairs and Security Policy or the EU Operation Commander and the appropriate authorities of Montenegro.
   Article 8
   Non-compliance
   Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.
   Article 9
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 10
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be provisionally applied from the date of signature.
   3.   This Agreement shall remain in force for the duration of Montenegro’s contribution to the operation.
   4.   Termination of this Agreement will not affect any benefits or obligations arising out of the application of this Agreement before such termination, including the benefits to any transferred persons as long as they are held in custody or are prosecuted by Montenegro.
   After the termination of the Operation, all benefits of EUNAVFOR under the Annex to this Agreement may be exercised by any person or entity designated by the State exercising the Presidency of the Council of the EU. A designated person or entity may, inter alia, be a diplomatic agent or consular official of that State accredited to Montenegro. After the termination of the Operation, all notifications that were to be made to EUNAVFOR under this Instrument will be made to the State exercising the Presidency of the Council of the EU.

      Done at Brussels, on the twenty-fourth day of March in the year two thousand and ten, in two originals in the English language.

            For the European Union

            For Montenegro

      (1)  OJ L 301, 12.11.2008, p. 33, as corrected in OJ L 253, 25.9.2009, p. 18.

      (2)  OJ L 322, 9.12.2009, p. 27.

      (3)  OJ L 109, 30.4.2009, p. 52.

      (4)  OJ L 112, 6.5.2009, p. 9 and addendum in OJ L 119, 14.5.2009, p. 40.

      (5)  OJ L 270, 15.10.2009, p. 19.

      (6)  OJ L 101, 11.4.2001, p. 1.

      (7)  OJ L 345, 23.12.2008, p. 96.
   ANNEX

      PROVISIONS ON THE CONDITIONS AND MODALITIES FOR THE TRANSFER OF PERSONS SUSPECTED OF HAVING COMMITTED ACTS OF PIRACY, OR ACTS OF ARMED ROBBERY IN A COASTAL STATE’S TERRITORIAL SEA, WITHIN THE AREA OF THE OPERATION, AND DETAINED BY THE EUROPEAN UNION-LED NAVAL FORCE (EUNAVFOR), AND SEIZED PROPERTY IN THE POSSESSION OF EUNAVFOR, FROM EUNAVFOR TO MONTENEGRO AND FOR THEIR TREATMENT AFTER SUCH TRANSFER

   1.   Definitions

   For the purposes of this Agreement:

               (a)

               ‘Piracy’ means piracy as defined in Article 101 of UNCLOS;

               (b)

               ‘Armed robbery’ means acts as defined in paragraph (a) when committed in a coastal State’s territorial sea within the area of the Operation;

               (c)

               ‘Transferred person’ means any person suspected of intending to commit, committing, or having committed, acts of piracy or armed robbery transferred by EUNAVFOR to Montenegro under this Agreement.

         2.   General principles

               (a)

               Montenegro may accept, upon the request of EUNAVFOR, the transfer of persons detained by EUNAVFOR in connection with piracy or armed robbery and associated seized property by EUNAVFOR and submit such persons and property to its competent authorities for the purpose of investigation and prosecution.

               (b)

               EUNAVFOR shall, when acting under this Agreement, only transfer persons to the competent law enforcement authorities of Montenegro.

               (c)

               Montenegro confirms that persons transferred under these provisions, both prior to and following transfer, shall be treated humanely and in accordance with international human rights obligations, including the prohibition against torture and cruel, inhumane and degrading treatment or punishment, the prohibition of arbitrary detention and in accordance with the requirement to have a fair trial.

         3.   Treatment, prosecution and trial of transferred persons

               (a)

               Any transferred person shall be treated humanely and shall not be subject to torture or cruel, inhuman or degrading treatment or punishment, shall receive adequate accommodation and nourishment, access to medical treatment and shall be able to carry out religious observance.

               (b)

               Any transferred person shall be brought promptly before a judge or other officer authorised by law to exercise judicial power, who shall decide without delay on the lawfulness of his detention and shall order his release if the detention is not lawful.

               (c)

               Any transferred person shall be entitled to trial within a reasonable time or to release.

               (d)

               In the determination of any criminal charge against him, any transferred person shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.

               (e)

               Any transferred person charged with a criminal offence shall be presumed innocent until proved guilty according to law.

               (f)

               In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:

                           1.

                           to be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

                           2.

                           to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

                           3.

                           to be tried without undue delay;

                           4.

                           to be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

                           5.

                           to examine, or have examined, all evidence against him, including affidavits of witnesses who conducted the arrest, and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

                           6.

                           to have the free assistance of an interpreter if he cannot understand or speak the language used in court;

                           7.

                           not to be compelled to testify against himself or to confess guilt.

               (g)

               Any transferred person convicted of a crime shall be permitted the right to have his conviction and sentence reviewed by or appealed to a higher tribunal in accordance with the law of Montenegro.

               (h)

               Montenegro shall not transfer any transferred person to any other State for the purposes of investigation or prosecution without prior written consent from EUNAVFOR.

         4.   Death penalty

   No transferred person shall be sentenced or liable to the death penalty or be the subject of an application for the death penalty.
   5.   Records and notifications

               (a)

               Any transfer shall be the subject of an appropriate document signed by a representative of EUNAVFOR and a representative of the competent authorities of Montenegro law enforcement authorities.

               (b)

               EUNAVFOR shall provide detention records to Montenegro with regard to any transferred person. These records shall include, so far as possible, the physical condition of the transferred person while in detention, the time of transfer to Montenegro’s authorities, the reason for his detention, the time and place his detention commenced, and any decisions taken with regard to his detention.

               (c)

               Montenegro shall be responsible for keeping an accurate account of any transferred person, including but not limited to keeping records of any seized property, the person’s physical condition, the location of his place of detention, any charges against him and any significant decisions taken in the course of his prosecution and trial.

               (d)

               These records shall be available to representatives of the EU and EUNAVFOR upon request in writing to the Ministry of Foreign Affairs of Montenegro.

               (e)

               In addition, Montenegro shall notify EUNAVFOR of the place of detention of any person transferred under this Agreement, any deterioration of his physical condition and of any allegations of alleged improper treatment. Representatives of the EU and EUNAVFOR shall have access to any person transferred under this Agreement as long as such persons are in custody and shall be entitled to question them.

               (f)

               At their request, national and international humanitarian agencies shall be allowed to visit persons transferred under this Agreement.

               (g)

               For the purposes of ensuring that EUNAVFOR is able to provide timely assistance to Montenegro, with attendance of witnesses from EUNAVFOR and the provision of relevant evidence, Montenegro shall notify EUNAVFOR of its intention to initiate criminal trial proceedings against any transferred person and the timetable for provision of evidence, and the hearing of evidence.

         6.   EUNAVFOR Assistance

               (a)

               EUNAVFOR, within its means and capabilities, shall provide all assistance to Montenegro with a view to the investigation and prosecution of transferred persons.

               (b)

               In particular, EUNAVFOR shall:

                           1.

                           hand over detention records drawn up pursuant to paragraph 5(b) of these provisions;

                           2.

                           process any evidence in accordance with the requirements of the competent authorities of Montenegro as agreed in the implementing arrangements described in paragraph 8;

                           3.

                           endeavour to produce statements of witnesses or affidavits by EUNAVFOR personnel involved in any incident in relation to which persons have been transferred under these provisions;

                           4.

                           hand over all relevant seized property in the possession of EUNAVFOR.

         7.   Relationship to other rights of transferred persons

   Nothing in these provisions is intended to derogate or may be construed as derogating from any rights that a transferred person may have under applicable domestic or international law.
   8.   Implementing arrangements

               (a)

               For the purposes of the application of these provisions, operational, administrative and technical matters may be the subject of implementing arrangements to be approved between the competent authorities of Montenegro on the one hand and the competent EU authorities as well as the competent authorities of the States providing a national contingent for EUNAVFOR on the other hand.

               (b)

               Implementing arrangements may, inter alia, cover:

                           1.

                           The identification of competent law enforcement authorities of Montenegro to which EUNAVFOR may transfer persons.

                           2.

                           The detention facilities where transferred persons will be held.

                           3.

                           The handling of documents, including those related to the gathering of evidence, which shall be handed over to the competent law enforcement authorities of Montenegro upon transfer of a person.

                           4.

                           Points of contacts for notifications.

                           5.

                           Forms to be used for transfers.


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32004D0406

2004/406/EC,Euratom: Council Decision of 19 April 2004 amending Article 35(1) and (2) of the Rules of Procedure of the Court of First Instance of the European Communities

Official Journal L 132 , 29/04/2004 P. 0003 - 0004

Council Decisionof 19 April 2004amending Article 35(1) and (2) of the Rules of Procedure of the Court of First Instance of the European Communities(2004/406/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Article 64 of the Protocol on the Statute of the Court of Justice,In accordance with the procedure referred to in the second paragraph of Article 245 of the Treaty establishing the European Community and the second paragraph of Article 160 of the Treaty establishing the European Atomic Energy Community,Having regard to the request of the Court of Justice of 3 December 2003,Having regard to the opinion of the European Parliament of 30 March 2004,Having regard to the opinion of the Commission of 1 March 2004,Whereas:(1) With the entry into force of the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union(1), the new official languages, namely Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovene should be added to the list of languages of the case in Article 35(1) of the Rules of Procedure of the Court of First Instance of the European Communities.(2) As a result of the new allocation of jurisdiction in respect of direct actions between the Court of Justice and the Court of First Instance made by the Treaty of Nice, it is appropriate to lay down a rule for the determination of the language of the case before the Court of First Instance where the applicant is an institution,HAS DECIDED AS FOLLOWS:Article 1The Rules of Procedure of the Court of First Instance of the European Communities of 2 May 1991 (OJ L 136, 30.5.1991, p. 1), amended on 15 September 1994 (OJ L 249, 24.9.1994, p. 17), 17 February 1995 (OJ L 44, 28.2.1995, p. 64), 6 July 1995 (OJ L 172, 22.7.1995, p. 3), 12 March 1997 (OJ L 103, 19.4.1997, p. 6, Corrigendum: OJ L 351, 23.12.1997, p. 72), 17 May 1999 (OJ L 135, 29.5.1999, p. 92), 6 December 2000 (OJ L 322, 19.12.2000, p. 4) and 21 May 2003 (OJ L 147, 14.6.2003, p. 22) are hereby amended as follows:1. Article 35(1) shall be replaced by the following:"The language of a case shall be Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish or Swedish."2. in Article 35(2):- the following new point shall be inserted:"(a) where the defendant is a Member State or a natural or legal person having the nationality of a Member State, the language of the case shall be the official language of that State; where that State has more than one official language, the applicant may choose between them;"- former points (a) and (b) shall become (b) and (c);- in point (c), the words "under (a)" shall be replaced by "under (b)".Article 2Point (1) of Article 1 shall enter into force at the same time as the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union. Point 2 of Article 1 shall enter into force on the first day of the second month following the publication of this Decision.The texts of the Rules of Procedure of the Court of First Instance in Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovene shall be adopted after the entry into force of the Treaty referred to in the first subparagraph.Done at Brussels, 19 April 2004.For the CouncilThe PresidentB. Cowen(1) OJ L 236, 23.9.2003, p. 17.


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32003D0799

2003/799/EC: Council Decision of 10 November 2003 amending Decision 1999/70/EC concerning the external auditors of the national central banks as regards the external auditors of the Banque centrale du Luxembourg

Official Journal L 299 , 18/11/2003 P. 0023 - 0023

Council Decisionof 10 November 2003amending Decision 1999/70/EC concerning the external auditors of the national central banks as regards the external auditors of the Banque centrale du Luxembourg(2003/799/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty establishing the European Community and in particular to Article 27(1) thereof,Having regard to Recommendation ECB/2003/11 of the European Central Bank of 3 October 2003 to the Council of the European Union on the external auditors of the Banque centrale du Luxembourg(1),Whereas:(1) The accounts of the European Central Bank (ECB) and of the national central banks are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.(2) The mandate of the current external auditors of the Banque centrale du Luxembourg will expire at the end of 2003.(3) The Governing Council of the ECB recommended the Council to approve the appointment, starting from the financial year 2004, for a renewable period of one year, of new external auditors of the Banque centrale du Luxembourg, which were selected by it in accordance with its public procurement rules.(4) It is appropriate to follow the recommendation of the Governing Council of the ECB,HAS DECIDED AS FOLLOWS:Article 1Article 1(7) of Decision 1999/70/EC(2) shall be replaced by the following:"7. Deloitte &  Touche Luxembourg are hereby approved as the external auditors of the Banque centrale du Luxembourg as from the financial year 2004, for a renewable period of one year."Article 2This Decision shall be notified to the ECB.Article 3This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 10 November 2003.For the CouncilThe PresidentA. Marzano(1) OJ C 247, 15.10.2003, p. 16.(2) OJ L 22, 29.1.1999, p. 69. Decision as last amended by Decision 2003/270/EC (OJ L 99, 17.4.2003, p. 49).