title: 2014/692/EU, Euratom: Council Decision of 29 September 2014 amending the Council's Rules of Procedure

text:
               3.10.2014

               EN

               Official Journal of the European Union

               L 289/18

         COUNCIL DECISION
   of 29 September 2014
   amending the Council's Rules of Procedure

      (2014/692/EU, Euratom)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 240(3) thereof,
   Whereas:

               (1)

               From 1 November 2014, when an act is to be adopted by the Council acting by qualified majority, it must be verified that the Member States constituting the qualified majority represent at least 65 % of the population of the Union.

               (2)

               Until 31 March 2017, when an act is to be adopted by the Council acting by qualified majority, a member of the Council may request that it be adopted in accordance with the qualified majority as defined in Article 3(3) of Protocol No 36 on transitional provisions, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community. In that case, a member of the Council may request that a check be made to ensure that the Member States comprising the qualified majority represent at least 62 % of the total population of the Union. To appropriately record it, a request made by a member of the Council pursuant to Article 3(2) of Protocol No 36 should be communicated in writing to the Secretary-General or be made orally at a meeting of Coreper or of the Council. Any request made orally should be recorded in the minutes of the meeting.

               (3)

               To calculate those percentages, the population figures and the percentages that they represent as regards the population of the Union should be set out in the Council's Rules of Procedure (1) (hereinafter referred to as ‘Rules of Procedure’).

               (4)

               The Rules of Procedure should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Rules of Procedure are amended as follows:

               (1)

               Article 11(5) is replaced by the following:
               ‘5.   Where a decision is to be adopted by the Council acting by qualified majority, 65 % of the population of the Union or, where not all Member States participate in voting, of the population of the participating Member States, and the minimum number of Council members representing more than 35 % of the population of the participating Member States shall be calculated in accordance with the population figures set out in Annex III. These figures shall also apply between 1 November 2014 and 31 March 2017 where, in accordance with Article 3(2) of Protocol No 36 on transitional measures, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, a member of the Council requests that an act be adopted in accordance with the qualified majority as defined in paragraph 3 of that Article and a member of the Council requests that it be verified that the Member States comprising the qualified majority represent at least 62 % of the total population of the Union.’.

               (2)

               In Article 11 the following paragraph is added:
               ‘6.   With effect from 1 January each year, the Council shall, in accordance with the data available to the Statistical Office of the European Union on 30 September of the preceding year, amend the figures set out in Annex III. That Decision shall be published in the Official Journal of the European Union.’.

               (3)

               Annex III is replaced by the following:

                  ‘ANNEX III
                  Figures concerning the population of the Union and the population of each Member State for implementing the provisions concerning qualified majority voting in the Council
                  For the purposes of implementing Article 16(4) TEU, Article 238(2) and (3) TFEU and Article 3(2) of Protocol No 36, the population of the Union and the population of each Member State, as well as the percentage of each Member State's population in relation to the population of the Union, for the period from 1 November 2014 to 31 December 2014, shall be as follows:

                              Member State

                              Population (× 1 000)

                              Percentage of the population of the Union

                              Germany

                              80 523,7

                              15,93

                              France

                              65 633,2

                              12,98

                              United Kingdom

                              63 730,1

                              12,61

                              Italy

                              59 685,2

                              11,81

                              Spain

                              46 704,3

                              9,24

                              Poland

                              38 533,3

                              7,62

                              Romania

                              20 057,5

                              3,97

                              Netherlands

                              16 779,6

                              3,32

                              Belgium

                              11 161,6

                              2,21

                              Greece

                              11 062,5

                              2,19

                              Czech Republic

                              10 516,1

                              2,08

                              Portugal

                              10 487,3

                              2,07

                              Hungary

                              9 908,8

                              1,96

                              Sweden

                              9 555,9

                              1,89

                              Austria

                              8 451,9

                              1,67

                              Bulgaria

                              7 284,6

                              1,44

                              Denmark

                              5 602,6

                              1,11

                              Finland

                              5 426,7

                              1,07

                              Slovakia

                              5 410,8

                              1,07

                              Ireland

                              4 591,1

                              0,91

                              Croatia

                              4 262,1

                              0,84

                              Lithuania

                              2 971,9

                              0,59

                              Slovenia

                              2 058,8

                              0,41

                              Latvia

                              2 023,8

                              0,40

                              Estonia

                              1 324,8

                              0,26

                              Cyprus

                              865,9

                              0,17

                              Luxembourg

                              537,0

                              0,11

                              Malta

                              421,4

                              0,08

                              Total

                              505 572,5

                              100’

                              Threshold 62 %

                              313 455,0

                              Threshold 65 %

                              328 622,1

         Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 1 November 2014.

      Done at Brussels, 29 September 2014.

            For the Council

            The President

         S. GOZI

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


title: Decision (EU) 2016/1856 of the European Parliament and of the Council of 11 October 2016 on the mobilisation of the European Union Solidarity Fund to provide assistance to Greece

text:
               20.10.2016

               EN

               Official Journal of the European Union

               L 284/21

         DECISION (EU) 2016/1856 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 11 October 2016
   on the mobilisation of the European Union Solidarity Fund to provide assistance to Greece
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1), and in particular Article 4(3) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 11 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Union Solidarity Fund (‘the Fund’) aims to enable the Union to respond in a rapid, efficient and flexible manner to emergency situations in order to show solidarity with the population of regions struck by natural disasters.

               (2)

               The Fund is not to exceed a maximum annual amount of EUR 500 000 000 (2011 prices), as laid down in Article 10 of Council Regulation (EU, Euratom) No 1311/2013 (3).

               (3)

               On 5 February 2016, Greece submitted an application to mobilise the Fund, following an earthquake that affected the Ionian Islands in November 2015.

               (4)

               The application by Greece meets the conditions for providing a financial contribution from the Fund, as laid down in Article 4 of Regulation (EC) No 2012/2002.

               (5)

               The Fund should therefore be mobilised in order to provide a financial contribution to Greece.

               (6)

               By Decision (EU) 2016/252 of the European Parliament and of the Council (4) the European Union Solidarity Fund was mobilised to provide the sum of EUR 50 million in commitment and payment appropriations for the payment of advances for the financial year 2016. Those appropriations have only been used to a very limited extent. Consequently, there is scope for financing the full amount for the present mobilisation through the reallocation of appropriations available for the payment of advances in the general budget of the Union for the financial year 2016.

               (7)

               In order to minimise the time taken to mobilise the Fund, this Decision should apply from the date of its adoption,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the Union for the financial year 2016, the European Union Solidarity Fund shall be mobilised to provide the amount of EUR 1 651 834 to Greece, in commitment and payment appropriations.
   The amount of the mobilisation referred to in the first paragraph shall be financed from the appropriations mobilised for the payment of advances in the Union budget for the financial year 2016. The appropriations available for the payment of advances shall be reduced accordingly.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 11 October 2016.

      Done at Brussels, 11 October 2016.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         I. KORČOK

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

      (2)  OJ C 373, 20.12.2013, p. 1.

      (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).

      (4)  Decision (EU) 2016/252 of the European Parliament and of the Council of 25 November 2015 on the mobilisation of the European Union Solidarity Fund for the payment of advances (OJ L 47, 24.2.2016, p. 5).


title: Commission Decision of 16 August 2017 amending Decision 2009/427/EC establishing the expert group for technical advice on organic production

text:
               18.8.2017

               EN

               Official Journal of the European Union

               C 273/3

         COMMISSION DECISION
   of 16 August 2017
   amending Decision 2009/427/EC establishing the expert group for technical advice on organic production
   (2017/C 273/03)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               By Decision 2009/427/EC (1) the Commission has set up the expert group for technical advice on organic production (‘the group’).

               (2)

               Article 4(5) of Decision 2009/427/EC lays down that the members of the group are appointed for a 3-year renewable term of office. Experience with the group so far has shown that a period of 3 years is too short to enable the group to fully exert its tasks. Technical advice on organic production has an important role to play in the light of the evolution of the organic sector. The authorisation procedure, including technical advice for the use of agricultural practices and the application of substances, will need to be adapted to forthcoming legislative developments relating to the organic production. It is also necessary to ensure continuity in relation to the work of the group. Therefore, the term of mandate of the group set out in Decision 2009/427/EC should be extended to a 4-year term.

               (3)

               Decision 2009/427/EC should therefore be amended accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   In Article 4 of Decision 2009/427/EC, paragraph 5 is replaced by the following:

      ‘5.   Members of the group are appointed for a 4-year renewable term of office and may not serve for more than three consecutive mandates. They shall remain in office until such time as they are replaced in accordance with paragraph 6 or their term of office ends.’

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

      Done at Brussels, 16 August 2017.

            For the Commission

         Phil HOGAN

            Member of the Commission

      (1)  Commission Decision 2009/427/EC of 3 June 2009 establishing the expert group for technical advice on organic production (OJ L 139, 5.6.2009, p. 29).


title: 2011/672/: Council Decision of 10 October 2011 appointing a Romanian member of the European Economic and Social Committee

text:
               13.10.2011

               EN

               Official Journal of the European Union

               L 268/15

         COUNCIL DECISION
   of 10 October 2011
   appointing a Romanian member of the European Economic and Social Committee
   (2011/672/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the Romanian Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

               (2)

               A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Sorin Cristian STAN,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Liviu LUCA, Confederația Națională a Sindicatelor Libere din România FRĂȚIA is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 10 October 2011.

            For the Council

            The President

         A. KRASZEWSKI

      (1)  OJ L 251, 25.9.2010, p. 8.


title: Council Decision (EU) 2017/1249 of 16 June 2017 on the conclusion on behalf of the Union of the Agreement between the European Union and the Kingdom of Norway on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020

text:
               12.7.2017

               EN

               Official Journal of the European Union

               L 179/1

         COUNCIL DECISION (EU) 2017/1249
   of 16 June 2017
   on the conclusion on behalf of the Union of the Agreement between the European Union and the Kingdom of Norway on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2) in conjunction with point (a) of Article 218(6) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               In accordance with Council Decision (EU) 2017/479 (2), the Agreement between the European Union and the Kingdom of Norway on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund, for the period 2014 to 2020 (‘the Agreement’) was signed by the Commission on 8 December 2016, subject to its conclusion at a later date.

               (2)

               Regulation (EU) No 515/2014 (3) of the European Parliament and of the Council provides that the countries associated with the implementation, application and development of the Schengen acquis are to participate in the instrument in accordance with its provisions and that arrangements are to be concluded on their financial contributions and the supplementary rules necessary for such participation, including provisions ensuring the protection of the Union's financial interests and the powers of audit of the Court of Auditors.

               (3)

               In accordance with Articles 1 and 2 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 is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of 6 months after the Council has decided on this Decision whether it will implement it in its national law.

               (4)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (4); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (5)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (5); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (6)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Kingdom of Norway on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund, for the period 2014 to 2020 is hereby approved on behalf of the Union (6).
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 19(2) of the Agreement, in order to express the consent of the Union to be bound by the Agreement.
   Article 3
   This Decision shall enter into force on the date of its adoption (7).

      Done at Luxembourg, 16 June 2017.

            For the Council

            The President

         E. SCICLUNA

      (1)  Consent given on 16 May 2017 (not yet published in the Official Journal).

      (2)  Council Decision (EU) 2017/479 of 8 December 2016 on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the Kingdom of Norway on supplementary rules in relation to the instrument for financial support for external borders and visa, as part of the Internal Security Fund for the period 2014 to 2020 (OJ L 75, 21.3.2017, p. 1).

      (3)  Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150, 20.5.2014, p. 143).

      (4)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

      (5)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

      (6)  The Agreement has been published in OJ L 75, 21.3.2017, p. 3, together with the decision on signature.

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


title: 2010/96/CFSP: Council Decision 2010/96/CFSP of 15 February 2010 on a European Union military mission to contribute to the training of Somali security forces

text:
               19.2.2010

               EN

               Official Journal of the European Union

               L 44/16

         COUNCIL DECISION 2010/96/CFSP
   of 15 February 2010
   on a European Union military mission to contribute to the training of Somali security forces
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28 and 43(2) thereof,
   Having regard to the proposal by the High Representative of the Union for Foreign Affairs and Security Policy (HR),
   Whereas:

               (1)

               In its Resolution 1872 (2009) on the situation in Somalia, adopted on 26 May 2009, the United Nations Security Council (UNSC) stressed the importance of the re-establishment, training, equipping and retention of Somali security forces, and urged Member States and regional and international organisations to offer technical assistance for the training and equipping of the Somali security forces. In its Resolution 1897 (2009), adopted on 30 November 2009, the UNSC recalled its previous resolutions and reaffirmed its respect for the sovereignty, territorial integrity, political independence and unity of Somalia.

               (2)

               In its conclusions of 27 July 2009, the Council decided to step up the engagement for promoting peace and development in Somalia. To this end, the Council studied the possibilities for the Union to contribute to international efforts, including in the field of security.

               (3)

               In its conclusions of 17 November 2009, the Council stated that further Union support to the Somali security sector should be considered within a comprehensive EU approach to the situation in Somalia, and that this support should be part of a larger and coherent framework involving close EU cooperation and coordination with the African Union, the United Nations and other relevant partners, in particular the United States of America. With regard to the African Union, the Council furthermore underlined the importance of the role of the African Union Mission in Somalia (AMISOM).

               (4)

               On 17 November 2009, the Council approved a Crisis Management Concept on a possible European Security and Defence mission to contribute to the training of the security forces of the Somali Transitional Federal Government (TFG) and requested further planning work. Subsequently, the Political and Security Committee (PSC) appointed a Planning Authority.

               (5)

               By letters dated 18 November 2009 and 23 January 2010 respectively, the TFG expressed its appreciation for the Union’s efforts to coordinate the training of the Somali security forces and its efforts towards peace and stability in Somalia, and assured the Union of its commitment to bear its responsibility with regard to the recruitment, training and retention of recruits; it also emphasised its commitment to a broader security sector policy in Somalia.

               (6)

               By letter dated 30 November 2009, African Union Deputy Special Representative for Somalia, on behalf of the African Union Commission, welcomed the positive reflection of the EU regarding the training of over 2 000 Somali security forces.

               (7)

               On 8 December 2009, the Council selected a military strategic option for the potential EU military mission.

               (8)

               In its report to the UNSC of 31 December 2009, the United Nation’s Secretary-General referred to the Crisis Management Concept regarding a possible European Security and Defence Policy mission to support the training of the Somali security forces and underlined that when the EU planning for the delivery of training would be implemented, the EU trainers would be expected to follow harmonised and approved curricula.

               (9)

               By letter dated 5 January 2010, the Minister of Defence of Uganda welcomed the Union’s envisaged mission in support of the Somali security sector and invited the Union to participate in the training of Somali security forces in Uganda for a period of at least one year.

               (10)

               On 20 January 2010, the Union made an offer to the TFG to contribute to the training of the Somali security forces.

               (11)

               In its conclusions of 25 January 2010, the Council agreed to set up an EU military mission to contribute to the training of Somali security forces in Uganda, where Somali forces are already being trained. The mission would also facilitate the coordination of EU action with AMISOM. The Council furthermore agreed that the EU military mission would be launched with the next intake of trainees, scheduled to start in spring 2010, and that it would be conducted in close coordination with partners, including the TFG, Uganda, the African Union, the United Nations and the United States of America. The Council recognised the need to carry out this training as part of a wider international effort and encompassing, inter alia, the vetting of trainees, the monitoring and mentoring of the forces once back in Mogadishu and the funding and payment of the salaries of the soldiers.

               (12)

               The PSC should exercise, under the responsibility of the Council and of the HR, political control over the EU military mission, provide it with strategic direction and take the relevant decisions in accordance with the third subparagraph of Article 38 of the Treaty on European Union (TEU).

               (13)

               It is necessary for international agreements relating to the participation of third States in EU missions and to the status of EU units and personnel to be negotiated and concluded.

               (14)

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

               (15)

               Article 28(1) of the TEU calls for Council decisions to lay down the means to be made available to the Union. The financial reference amount, for a 12-month period, for the common costs of the EU military mission constitutes the best current estimate and is without prejudice to the final figures to be included in a budget to be approved in accordance with the rules laid down in ATHENA.

               (16)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   Mission
   1.   The Union shall conduct a military training mission, hereinafter called ‘EUTM Somalia’, in order to contribute to strengthening the Somali Transitional Federal Government (TFG) as a functioning government serving the Somali citizens. In particular, the objective of the EU military mission shall be to contribute to a comprehensive and sustainable perspective for the development of the Somali security sector by strengthening the Somali security forces through the provision of specific military training, and support to the training provided by Uganda, of 2 000 Somali recruits up to and including platoon level, including appropriate modular and specialised training for officers and non-commissioned officers. The EU military mission shall operate in close cooperation and coordination with other actors in the international community, in particular, the United Nations, the African Union Mission in Somalia (AMISOM), and the United States of America.
   2.   The EU military training carried out to that end shall take place mainly in Uganda, in accordance with the political objective of the EU mission to contribute to the training of Somali security forces, as defined in the Crisis Management Concept approved by the Council on 17 November 2009. An element of this EU military mission shall also be based in Nairobi.
   Article 2
   Appointment of the EU Commander
   1.   Colonel Ricardo GONZÁLEZ ELUL is hereby appointed EU Mission Commander.
   2.   The EU Mission Commander shall exercise the functions of EU Operation Commander and EU Force Commander.
   Article 3
   Designation of the EU Headquarters
   The EU Headquarters of the mission shall be located in Uganda. It will include a liaison office in Nairobi and a support cell in Brussels. It shall perform the functions of both Operational Headquarters and Force Headquarters.
   Article 4
   Planning and launch of the mission
   The Decision to launch the EU military mission shall be adopted by the Council following approval of the Mission Plan.
   Article 5
   Political control and strategic direction
   1.   Under the responsibility of the Council and the High Representative of the Union for Foreign Affairs and Security Policy (HR), the Political and Security Committee (PSC) shall exercise the political control and strategic direction of the EU military mission. The Council hereby authorises the PSC to take the relevant decisions in accordance with Article 38 of the Treaty on European Union (TEU). This authorisation shall include the powers to amend the planning documents, including the Mission Plan and the Chain of Command. It shall also include the powers to take decisions on the appointment of the EU Mission Commander. The powers of decision with respect to the objectives and termination of the EU military mission shall remain vested in the Council.
   2.   The PSC shall report to the Council at regular intervals.
   3.   The PSC shall, at regular intervals, receive reports from the chairman of the EU Military Committee (EUMC) regarding the conduct of the EU military mission. The PSC may invite the EU Mission Commander to its meetings, as appropriate.
   Article 6
   Military direction
   1.   The EUMC shall monitor the proper execution of the EU military mission conducted under the responsibility of the EU Mission Commander.
   2.   The EUMC shall, at regular intervals, receive reports from the EU Mission Commander. It may invite the EU Mission Commander to its meetings, as appropriate.
   3.   The chairman of the EUMC shall act as the primary point of contact with the EU Mission Commander.
   Article 7
   Implementation and consistency of the Union’s response
   1.   The HR shall ensure the implementation of this Decision and its consistency with the Union’s external action as a whole, including the Union’s development programmes.
   2.   The EU Mission Commander shall assist the HR in the implementation of this Decision.
   Article 8
   Participation by third States
   1.   Without prejudice to the Union’s decision-making autonomy or to the single institutional framework, and in accordance with the relevant guidelines of the European Council, third States may be invited to participate in the mission.
   2.   The Council hereby authorises the PSC to invite third States to offer contributions and to take the relevant decisions on acceptance of the proposed contributions, upon the recommendation of the EU Mission Commander and the EUMC.
   3.   Detailed modalities for the participation by third States shall be the subject of agreements concluded pursuant to Article 37 of the TEU and in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union (TFEU). Where the Union and a third State have concluded an agreement establishing a framework for the latter’s participation in crisis management missions of the Union, the provisions of such an agreement shall apply in the context of this mission.
   4.   Third States making significant military contributions to the EU military mission shall have the same rights and obligations in terms of day-to-day management of the mission as Member States taking part in the mission.
   5.   The Council hereby authorises the PSC to take relevant decisions on the setting-up of a Committee of Contributors, should third States provide significant military contributions.
   Article 9
   Status of EU-led personnel
   The status of EU-led units and personnel, including the privileges, immunities and further guarantees necessary for the fulfilment and smooth functioning of their mission, may be the subject of an agreement concluded pursuant to Article 37 of the TEU and in accordance with the procedure laid down in Article 218(3) of the TFEU.
   Article 10
   Financial arrangements
   1.   The common costs of the EU military mission shall be administered in accordance with Council Decision 2008/975/CFSP of 18 December 2008 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (2) (‘ATHENA’).
   2.   The financial reference amount for the common costs of the EU military mission shall be EUR 4,8 million. The percentage of the reference amount referred to in Article 32(3) of ATHENA shall be 60 %.
   Article 11
   Release of information to third parties
   1.   The HR is hereby authorised to release to the United Nations (UN), the African Union (AU, AMISOM), and other third parties associated with this Decision, EU classified information and documents generated for the purposes of the EU military mission up to the level of classification appropriate for each of them and in accordance with the Council’s security regulations (3).
   2.   The HR is hereby authorised to release to the UN, the AU, AMISOM and other third parties associated with this Decision, EU non-classified documents relating to Council deliberations on the EU military mission which are covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure (4).
   Article 12
   Entry into force and termination
   1.   This Decision shall enter into force on the date of its adoption.
   2.   The EU military mission shall terminate in 2011 after two consecutive six-month training periods.
   3.   This Decision shall be repealed as from the date of closure of the EU Headquarters, the liaison office in Nairobi and the support cell in Brussels, in accordance with the plans approved for the termination of the EU military mission, and without prejudice to the procedures regarding the audit and presentation of the accounts of the EU military mission, laid down in ATHENA.
   Article 13
   Publication
   1.   This Decision shall be published in the Official Journal of the European Union.
   2.   The PSC decisions on the appointment of an EU Mission Commander and on the acceptance of contributions from third States, as well as on the setting-up of a Committee of Contributors shall likewise be published in the Official Journal of the European Union.

      Done at Brussels, 15 February 2010.

            For the Council

            The President

         Á. GABILONDO

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

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

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

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


title: European Parliament decision on the conclusion of an interinstitutional agreement taking the form of a joint statement concerning the draft for a Council Decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (new regulatory procedure with scrutiny) (10125/2006 - C6-0208/2006 - 2006/2152(ACI))

text:
C 303 E/806           EN                          Official Journal of the European Union                                    13.12.2006
Thursday, 6 July 2006
              P6_TA(2006)0309
              Implementing             powers     conferred        on     the    Commisison        (Interinstitutional
              agreement)
              European Parliament decision on the conclusion of an interinstitutional agreement taking the form
              of a joint statement concerning the draft for a Council Decision amending Decision 1999/468/EC
              laying down the procedures for the exercise of implementing powers conferred on the Commission
                   (new regulatory procedure with scrutiny) (10125/2006 — C6-0208/2006 — 2006/2152(ACI))
              The European Parliament,
              — having regard to the Treaty establishing the European Community, and in particular the third indent of
                  Article 202 thereof,
              — having regard to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the
                  exercise of implementing powers conferred on the Commission (1),
              — having regard to the Commission proposal for a Council Decision amending Decision 1999/468/EC
                  (COM(2002)0719) (2),
              — having regard to the declaration of former Commission President Prodi before the European Parliament
                  of 5 February 2002 (the ‘Prodi Declaration’),
              — having regard to its position of 2 September 2003 (3),
              — having regard to its resolution of 5 February 2002 on the implementation of financial services
                  legislation (4),
              — having regard to the amended proposal from the Commission (COM(2004)0324) ( 5),
              — having regard to the draft Council Decision (10126/1/2006 — C6-0190/2006) (6),
              — having regard to the draft joint statement (10125/2006 — C6-0208/2006),
              — having regard to Rule 120(1) of its Rules of Procedure,
              — having regard to the report of the Committee on Constitutional Affairs (A6-0237/2006), Whereas,
              A. the Council and the Commission agreed last autumn to open talks on the possibilities for carrying on
                  the reform of the comitology procedures on the basis of the Commission's amended proposal,
              B. the Conference of Presidents decided on 10 November 2005 to begin discussions with the Council and
                  the Commission on the comitology procedures and gave a mandate to this end to the Chairman of the
                  Conference of Committee Chairmen and the Rapporteur of the committee responsible, which was
                  renewed on 19 January 2006,
              C. these talks have led to a draft for a new procedure and draft statements in connection with the decision
                  to be taken on this procedure,
              D. the Decision will introduce into the 1999 Decision on comitology a new procedure, known as the ‘regu-
                  latory procedure with scrutiny’, which will entitle the European Parliament and the Council to scrutinise
                  ‘quasi-legislative’ measures implementing an instrument adopted by codecision on an equal footing and
                  to reject such measures,
              (1) OJ L 184, 17.7.1999, p. 23.
              (2) Not yet published in OJ.
              (3) OJ C 76 E, 25.3.2004, p. 82.
              (4) OJ C 284 E, 21.11.2002, p. 115.
              (5) Not yet published in OJ.
              (6) Not yet published in OJ.
 ---pagebreak--- 13.12.2006         EN                           Official Journal of the European Union                                   C 303 E/807
                                                                                Thursday, 6 July 2006
           E. the Treaty establishing a Constitution for Europe signed by all Heads of Government and State grants
               Parliament the right to revoke the delegation of powers (Article I-36). The final compromise text for a
               new regulatory procedure with scrutiny does not provide for such a right for the Parliament. The right
               to revoke a delegation of powers will therefore remain one of the key demands of the European
               Parliament, something which could be achieved notably by the Constitutional Treaty,
           F. the decision will be accompanied by a joint statement by the European Parliament, the Council and the
               Commission, a statement by the Commission to be recorded in the minutes of the Council and state-
               ments by the Commission concerning the implementation and application of the new procedure,
           G. these statements reflect important points brought into the negotiations by the three institutions, without
               which the compromise on the new procedure would not have been achieved and its practical effect
               would not have been secured,
           1. Approves the conclusion of the agreement taking the form of a joint statement annexed to this
           decision;
           2. Takes note of the statement by the Commission concerning its undertaking to take transparency
           measures, made in connection with the joint statement;
           3. Takes note of the statements by the Commission concerning the language regime and the starting point
           of the period for scrutiny and the alignment of acts in force made on the same occasion;
           4.   Instructs its President to forward this decision to the Council and Commission, for information.
           Statement of the European Parliament, the Council and the Commission
           1. The European Parliament, the Council and the Commission welcome the forthcoming adoption of the
           Council Decision amending Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
           for the exercise of implementing powers conferred on the Commission (1). The inclusion in the 1999
           Decision of a new procedure, known as the ‘regulatory procedure with scrutiny’, will enable the legislator to
           scrutinise the adoption of ‘quasi-legislative’ measures implementing an instrument adopted by codecision.
           2. The European Parliament, the Council and the Commission emphasise that, in the context of the
           existing Treaty, this Decision provides a horizontal and satisfactory solution to the European Parliament's
           wish to scrutinise the implementation of instruments adopted under the codecision procedure.
           3. Without prejudice to the rights of the legislative authorities, the European Parliament and the Council
           recognise that the principles of good legislation require that implementing powers be conferred on the
           Commission without time-limit. However, where an adaptation is necessary within a specified period, the
           European Parliament, the Council and the Commission consider that a clause requesting the Commission to
           submit a proposal to revise or abrogate the provisions concerning the delegation of implementing powers
           could strengthen the scrutiny exercised by the legislator.
           4. This new procedure will apply following its entry into force to the quasi-legislative measures provided
           for in instruments adopted in accordance with the codecision procedure, including those provided for in
           instruments to be adopted in future in the financial services field (Lamfalussy instruments). However, for it
           to be applicable to instruments adopted by codecision which are already in force, those instruments must be
           adjusted in accordance with the applicable procedures, so as to replace the regulatory procedure laid down
           in Article 5 of Decision 1999/468/EC by the regulatory procedure with scrutiny, wherever there are
           measures which fall within its scope.
           (1) OJ L 184, 17.7.1999, p. 23.
 ---pagebreak--- C 303 E/808           EN                           Official Journal of the European Union                                    13.12.2006
Thursday, 6 July 2006
              5. The European Parliament, the Council and the Commission consider that the following instruments
              should be adjusted as a matter of urgency:
              (a) Regulation of the European Parliament and of the Council on nutrition and health claims made on
                   foods (not yet published in the Official Journal);
              (b) Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 re-casting
                   Council Directive 93/6/EEC of 15 March 1993 on the capital adequacy of investment firms and credit
                   institutions (not yet published in the Official Journal);
              (c) Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 re-casting
                   Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the
                   taking up and pursuit of the business of credit institutions (not yet published in the Official Journal);
              (d) Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory
                   audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and
                   83/349/EEC and repealing Council Directive 84/253/EEC (OJ L 157, 9.6.2006, p. 87);
              (e) Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 estab-
                   lishing a Community Code on the rules governing the movement of persons across borders (Schengen
                   Borders Code) (OJ L 105, 13.4.2006, p. 1);
              (f)  Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the
                   prevention of the use of the financial system for the purpose of money laundering and terrorist finan-
                   cing (OJ L 309, 25.11.2005, p. 15);
              (g) Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a
                   framework for the setting of ecodesign requirements for energy-using products and amending Council
                   Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the
                   Council (OJ L 191, 22.7.2005, p. 29);
              (h) Directive 2005/1/EC of the European Parliament and of the Council of 9 March 2005 amending
                   Council Directives 73/239/EEC, 85/611/EEC, 91/675/EEC, 92/49/EEC and 93/6/EEC and Directives
                   94/19/EC, 98/78/EC, 2000/12/EC, 2001/34/EC, 2002/83/EC and 2002/87/EC in order to establish a
                   new organisational structure for financial services committees (OJ L 79, 24.3.2005, p. 9);
              (i)  Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on
                   maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending
                   Council Directive 91/414/EEC (OJ L 70, 16.3.2005, p. 1);
              (j)  Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the
                   harmonisation of transparency requirements in relation to information about issuers whose securities
                   are admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390,
                   31.12.2004, p. 38);
              (k) Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in
                   financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive
                   2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC
                   (OJ L 145, 30.4.2004, p. 1);
              (l)  Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the
                   prospectus to be published when securities are offered to the public or admitted to trading and
                   amending Directive 2001/34/EC (OJ L 345, 31.12.2003, p. 64);
              (m) Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003
                   on genetically modified food and feed (OJ L 268, 18.10.2003, p. 1);
              (n) Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities
                   and supervision of institutions for occupational retirement provision (OJ L 235, 23.9.2003, p. 10);
 ---pagebreak--- 13.12.2006          EN                         Official Journal of the European Union                                      C 303 E/809
                                                                                Thursday, 6 July 2006
           (o) Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider
                dealing and market manipulation (market abuse) (OJ L 96, 12.4.2003, p. 16);
           (p) Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste
                electrical and electronic equipment (WEEE) (OJ L 37, 13.2.2003, p. 24);
           (q) Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the
                restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 37,
                13.2.2003, p. 19);
           (r) Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the
                supplementary supervision of credit institutions, insurance undertakings and investment firms in a
                financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC,
                92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European
                Parliament and of the Council (OJ L 35, 11.2.2003, p. 1);
           (s) Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the
                application of international accounting standards (OJ L 243, 11.9.2002, p. 1);
           (t)  Directive 2001/107/EC of the European Parliament and of the Council of 21 January 2002 amending
                Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions
                relating to undertakings for collective investment in transferable securities (UCITS) with a view to regu-
                lating management companies and simplified prospectuses (OJ L 41, 13.2.2002, p. 20);
           (u) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the
                Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67);
           (v) Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the delib-
                erate release into the environment of genetically modified organisms and repealing Council Directive
                90/220/EEC (OJ L 106, 17.4.2001, p. 1);
           (w) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing
                a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1);
           (x) Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of
                life vehicles (OJ L 269, 21.10.2000, p. 34);
           (y) Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the
                placing of biocidal products on the market (OJ L 123, 24.4.1998, p. 1);
           To this end, the Commission has indicated that it will shortly submit proposals to the European Parliament
           and the Council for the amendment of the instruments referred to above, so as to introduce the regulatory
           procedure with scrutiny and consequently repeal any provisions of these instruments that provide for a
           time-limit on the delegation of implementing powers to the Commission. The European Parliament and the
           Council will ensure that the proposals are adopted as rapidly as possible.
           6. In accordance with the Interinstitutional Agreement of 16 December 2003 on better law-making ( 1),
           the European Parliament, the Council and the Commission draw attention to the important role played by
           implementing measures in legislation. In addition, they consider that the general principles of the
           Interinstitutional Agreement of 22 December 1998 on common guidelines for the quality of drafting of
           Community legislation (2) should apply in any event to measures of general scope adopted under the new
           regulatory procedure with scrutiny.
           (1) OJ C 321, 31.12.2003, p. 1.
           (2) OJ C 73, 17.3.1999, p. 1.


Avis juridique important

|

31981D1052

81/1052/EEC: Council Decision of 29 December 1981 under the Treaties, concerning fishery activities in waters under the sovereignty or jurisdiction of Member States, taken on a temporary basis pending the adoption of permanent Community measures

Official Journal L 379 , 31/12/1981 P. 0052

+++++( 1 ) OJ NO C 158 , 27 . 6 . 1980 , P . 2 .  COUNCIL DECISION OF 29 DECEMBER 1981 UNDER THE TREATIES , CONCERNING FISHERY ACTIVITIES IN WATERS UNDER THE SOVEREIGNTY OR JURISDICTION OF MEMBER STATES , TAKEN ON A TEMPORARY BASIS PENDING THE ADOPTION OF PERMANENT COMMUNITY MEASURES ( 81/1052/EEC )  THE COUNCIL REFERS TO ITS DECLARATION OF 30 MAY 1980 ON THE IMPLEMENTATION OF THE COMMON FISHERIES POLICY ( 1 ) .  PENDING A DECISION IN THIS AREA AND BEARING IN MIND THE COMMUNITY'S COMPETENCE IN THE MATTER AND THE OBLIGATIONS ON THE MEMBER STATES AS DEFINED BY THE COURT OF JUSTICE , THE COUNCIL HAS DECIDED AS FOLLOWS :  FROM 1 JANUARY 1982 UNTIL A DECISION IS ADOPTED OR UNTIL 31 MARCH 1982 , WHICHEVER IS THE EARLIER , THE MEMBER STATES SHALL CONDUCT THEIR FISHING ACTIVITIES IN ACCORDANCE WITH THE USUAL SEASONAL CYCLES , TAKING INTO ACCOUNT THE TACS PROPOSED BY THE COMMISSION ON 24 JULY 1981 AND THE PORTION OF THOSE TACS WHICH REMAINS AVAILABLE TO THE COMMUNITY BEARING IN MIND ITS COMMITMENTS TO NON-MEMBER COUNTRIES .  DONE AT BRUSSELS , 29 DECEMBER 1981 .  FOR THE COUNCIL  THE PRESIDENT  P . WALKER


title: 2014/433/CFSP: Political and Security Committee Decision Atalanta/3/2014 of 3 July 2014 on the appointment of the EU Operation Commander 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)

text:
               5.7.2014

               EN

               Official Journal of the European Union

               L 198/5

         POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/3/2014
   of 3 July 2014
   on the appointment of the EU Operation Commander 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)

      (2014/433/CFSP)

   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 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) (Atalanta), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6(1) of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Operation Commander 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 (‘EU Operation Commander’).

               (2)

               On 18 December 2012, the PSC adopted Decision Atalanta/4/2012 (2) appointing Rear-Admiral Robert TARRANT as EU Operation Commander.

               (3)

               The United Kingdom has proposed that Major General Martin SMITH replace Rear Admiral Robert TARRANT as EU Operation Commander.

               (4)

               The EU Military Committee supports that proposal.

               (5)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   Major General Martin SMITH is hereby appointed EU Operation Commander 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, as from 27 August 2014.
   Article 2
   Decision Atalanta/4/2012 is hereby repealed.
   Article 3
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 27 August 2014.

      Done at Brussels, 3 July 2014.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

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

      (2)  Political and Security Committee Decision Atalanta/4/2012 of 18 December 2012 of 18 December 2012 on the appointment of an EU Operation Commander 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) (OJ L 352, 21.12.2012, p. 46).


title: Decision (EU) 2015/1693 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/364

      DECISION (EU) 2015/1693 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European GNSS Agency for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the European GNSS Agency for the financial year 2013, together with the Agency's replies (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2013 (05304/2015 — C8-0054/2015),

                  —

                  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 (3),

                  —

                  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 (4), and in particular Article 208 thereof,

                  —

                  having regard to Regulation (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency, repealing Council Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio navigation programmes and amending Regulation (EC) No 683/2008 of the European Parliament and of the Council (5), and in particular Article 14 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 (6),

                  —

                  having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7), and in particular Article 108 thereof,

                  —

                  having regard to Rule 94 of and Annex V to its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control (A8-0095/2015),

         1.

            Grants the Executive Director of the European GNSS Agency discharge in respect of the implementation of the Agency's budget for the financial year 2013;

         2.

            Sets out its observations in the resolution below;

         3.

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

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 442, 10.12.2014, p. 318.

         (2)  See footnote 1.

         (3)  OJ L 248, 16.9.2002, p. 1.

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

         (5)  OJ L 276, 20.10.2010, p. 11.

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

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


title: 2009/736/EC: Commission Decision of 5 October 2009 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain aluminium foil originating, inter alia, in Brazil

text:
               6.10.2009

               EN

               Official Journal of the European Union

               L 262/50

      COMMISSION DECISION

   of 5 October 2009
   accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of certain aluminium foil originating, inter alia, in Brazil
   (2009/736/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’), and in particular Articles 8 and 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               By Regulation (EC) No 287/2009 (2), the Commission imposed provisional anti-dumping duties on imports into the Community of certain aluminium foil originating in Armenia, Brazil and the People’s Republic of China (‘PRC’).

               (2)

               Following the adoption of the provisional anti-dumping measures, the Commission continued the investigation of dumping, injury and Community interest. The investigation confirmed the provisional findings of injurious dumping relating to these imports.

               (3)

               The definitive findings and conclusions of the investigation are set out in Council Regulation of 24 September 2009 (EC) No 925/2009 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain aluminium foil originating in Armenia, Brazil and the People’s Republic of China (3).

         B.   UNDERTAKING

               (4)

               Subsequent to the adoption of provisional anti-dumping measures, the sole cooperating exporting producer in Brazil, Companhia Brasileira de Aluminio (CBA), offered a price undertaking in accordance with Article 8(1) of the basic Regulation. In this undertaking offer, CBA offered to sell the product concerned at or above price levels which eliminate the injurious effects of dumping found during the investigation. CBA offered one minimum import price (‘MIP’) for all different product types in order to limit the risk of circumvention.

               (5)

               The offer also provided for the indexation of the MIP, given that the price of the product concerned is directly linked to the price of the main raw material, primary aluminium, which is a world traded commodity with a published reference price on the London Metal Exchange (‘LME’).

               (6)

               The MIP offer from the company was based on the non-injurious price calculated for the investigation period on the basis of the sales prices of the Community industry.

               (7)

               CBA’s undertaking offer also contained the provision that all sales would be made from CBA directly to the first independent customer in the Community and that CBA would undertake not to sell products other than those covered by the undertaking to customers purchasing products covered by the undertaking.

               (8)

               CBA also agreed to undertake to provide the Commission with regular and detailed information concerning their exports to the Community, allowing for the undertaking to be monitored effectively by the Commission.

         C.   COMMENTS OF PARTIES AND ACCEPTANCE OF THE UNDERTAKING

               (9)

               The Community industry indicated that the undertaking from Brazil could be acceptable under certain conditions, including the use of an artificial exchange rate from the USD to the EUR and a quantitative ceiling. Both of these arguments regarding the Brazilian undertaking have to be rejected on the following grounds. In respect of the claim that an artificial exchange rate should be used, it is noted that the LME price will be converted from USD into EUR using the published monthly exchange rate and therefore the amount in EUR is affected by exchange rate fluctuations, which is at the company’s own risk. With regard to the second argument, the Commission does not see the relevance of a quantitative ceiling in this case, given the very competitive market for the product concerned in the European Community and given that no evidence was submitted or found during the investigation showing the necessity of such an element. No other comments were submitted in respect to this undertaking offer.

               (10)

               In view of the above, the undertaking offered by CBA is acceptable.

               (11)

               In order to enable the Commission to effectively monitor the company’s compliance with the undertaking, when the request for release for free circulation is presented to the relevant customs authority, exemption from the anti-dumping duty will be conditional on (i) the presentation of an undertaking invoice containing at least the elements listed in Annex II to Regulation (EC) No 925/2009; (ii) the fact that the imported goods are manufactured by the said company, and shipped and invoiced directly by the said company to the first independent customer in the Community; and (iii) the fact that the goods declared and presented to customs correspond precisely to the description on the undertaking invoice. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty shall instead be payable.

               (12)

               To ensure that the undertaking is respected, importers have been made aware by the above-mentioned Council Regulation that the non-fulfillment of the conditions provided for by that Regulation, or the withdrawal by the Commission of the acceptance of the undertaking, may lead to a customs debt being incurred for the relevant transactions.

               (13)

               In the event of a breach or withdrawal of the undertaking or in case of withdrawal of acceptance of the undertaking by the Commission, the anti-dumping duty imposed in accordance with Article 9(4) of the basic Regulation shall automatically apply pursuant to Article 8(9) of the basic Regulation,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The undertaking offered by the exporting producer mentioned below in connection with the anti-dumping proceeding concerning imports of certain aluminium foil originating in Armenia, Brazil and the People’s Republic of China is hereby accepted.

               Country

               Company

               Taric Additional Code

               Brazil

               Companhia Brasileira de Aluminio

               A947

         Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 5 October 2009.

            For the Commission

         Catherine ASHTON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1.

      (2)  OJ L 94, 8.4.2009, p. 17.

      (3)  See page 1 of this Official Journal.


Important legal notice

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52007BP0126(02)

2. European Parliament decision of 24 April 2007 on closing the accounts of the European Centre for Disease Prevention and Control for the financial year 2005 (C6-0400/2006 - 2006/2167(DEC))

Official Journal 074 E , 20/03/2008 P. 0262 - 0264

		2.European Parliament decision of 24 April 2007 on closing the accounts of the European Centre for Disease Prevention and Control for the financial year 2005 (C6-0400/2006 — 2006/2167(DEC))The European Parliament,- having regard to the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2005 [1],- having regard to the Court of Auditors' report on the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2005, together with the Centre's replies [2],- having regard to the Council's recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),- having regard to the EC Treaty, and in particular Article 276 thereof,- 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 [3], and in particular Article 185 thereof,- having regard to Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for Disease Prevention and Control [4], and in particular Article 23 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 [5], and in particular Article 94 thereof,- having regard to Rule 71 of and Annex V to its Rules of Procedure,- having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee for Environment, Public Health and Food Safety (A6-0119/2007),1. Notes that the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2005 are as follows:NB: Variations in totals are due to the effects of rounding.Source: Agency data — This table summarises the data supplied by the Agency in its annual accounts.[6](in EUR) |Revenue and expenditure account for the financial year 2005 [6] || 2005 |RevenueCommission subsidy (for the operating budget of the agency) | 3402280,45 |Fee income | |Other revenue | |Total revenue (a) | 3402280,45 |ExpenditureTitle I: Staff— Payments | -500909,02 |— Appropriations carried over | -361771,74 |Title II: Administrative Expenses— Payments | -597024,15 |— Appropriations carried over | -534581,62 |Title III: Operating Expenditure— Payments | -69773,55 |— Appropriations carried over | -540654,36 |Total expenditure (b) | -2604714,44 |Outturn for the financial year (a-b) | 797566,01 |Cancellation of unused payment appropriations carried over from previous year | |Adjustment for carry-over from the previous year of appropriations available at 31 December arising from assigned revenue | |Exchange differences for the year (gain +/loss -) | -10168,55 |Balance of the budget implementation for the financial year | 787397,46 |Part of the subsidy to reimburse to EC | -787397,46 |Impact on Assets | |Impact of assets and depreciation | 222011,07 |Impact on the Accruals of the year | |Carry Overs | 1437007,72 |Accruals | -363538,58 |Other adjustments | |Pending liabilities | -448377,86 |Prepayments and Deferred expenses | 20636,80 |Goods in transit | 63108,90 |Payment of services by the Commission | -8490,00 |Exceptional revenue | 31250,85 |Outturn of the economic adjustments for the financial year (e) | 953608,90 |2. Approves closing the accounts of the European Centre for Disease Prevention and Control for the financial year 2005;3. Instructs its President to forward this decision to the executive director of the European Centre for Disease Prevention and Control, 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).[1] OJ C 266, 31.10.2006, p. 31.[2] OJ C 312, 19.12.2006, p. 54.[3] OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).[4] OJ L OJ L 142, 30.4.2004, p. 1.[5] OJ L 357, 31.12.2002, p. 72.[6] Only figures for 2005 due to the fact it is a newly created Agency.--------------------------------------------------


title: 2006/33/EC: Commission Decision of  20 January 2006  establishing a high-level advisory group on social integration of ethnic minorities and their full participation in the labour market

text:
               25.1.2006

               EN

               Official Journal of the European Union

               L 21/20

      COMMISSION DECISION

   of 20 January 2006
   establishing a high-level advisory group on social integration of ethnic minorities and their full participation in the labour market
   (2006/33/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               Article 13 of the Treaty establishing the European Community confers powers on the Community to take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

               (2)

               Pursuant to the Communication from the Commission entitled ‘Non-discrimination and equal opportunities for all’ (1) adopted on 1 June 2005, which highlights the need for the European Union to develop a coherent and effective approach to the social integration of ethnic minorities and their full participation in the labour market, the Commission wishes to draw on the expertise of specialists meeting in an advisory group.

               (3)

               The group should contribute to developing a coherent and effective approach to the social integration of disadvantaged ethnic minorities and their full participation in the labour market.

               (4)

               The group should comprise experts from civil society, the world of research, business, the national and local authorities, as well as ethnic minorities and other stakeholders. It should be balanced, particularly in terms of geographical origin, gender, ethnic origin, and area of activity and expertise,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Commission hereby establishes a high-level advisory group on social integration of ethnic minorities and their full participation in the labour market, hereinafter called ‘the group’.
   Article 2
   Task
   The group's task will be:

               —

               to analyse how to achieve better social integration of ethnic minorities and their full participation in the labour market within the European Union,

               —

               to submit, before the end of the ‘2007 European Year of Equal Opportunities for All’, a report containing recommendations on the policies to be implemented in this connection.

         The group will build on good practice in this field, and will focus more particularly on the following questions:

               —

               the socioeconomic situation of ethnic minorities in today's European Union,

               —

               the different situations and needs of minority groups, including recent migrants, established ethnic minorities, national minorities, the Roma and stateless persons,

               —

               the impact of multiple discrimination and the influence of factors such as age, sex, disability and religion, as well as the impact of geographical isolation and level of education,

               —

               the contribution of European Union policies and programmes to social integration of ethnic minorities and their full participation in the labour market,

               —

               the impact of future developments, including possible new waves of accessions to the European Union (Romania, Bulgaria, Turkey, western Balkans).

         The Chairman of the group may indicate to the Commission when it would be advisable to consult the group on a specific question.
   Article 3
   Composition — Appointment
   1.   The members of the group shall be appointed by the Commission from among specialists with knowledge of the fields referred to in Article 2.
   2.   The group shall comprise a maximum of 10 members.
   3.   The following provisions shall apply:

               —

               members shall be appointed in a personal capacity and be required to advise the Commission independently of any outside influence,

               —

               members of the group shall remain in office until such time as they are replaced or their mandate runs out,

               —

               members who are no longer able to contribute effectively to the group’s deliberations, who resign or who do not respect the conditions set out in the first or second point of this Article or Article 287 of the Treaty establishing the European Community may be replaced for the remaining period of their mandate,

               —

               members shall each year sign an undertaking to act in the public interest and a declaration indicating the absence of any interest which may undermine their objectivity,

               —

               the names of members appointed individually shall be published on the Internet site of the Employment, Social Affairs and Equal Opportunities DG and in the Official Journal of the European Union, series C. The names of members shall be collected, processed and published in accordance with the provisions of Regulation (EC) No 45/2001 of the European Parliament and of the Council (2) on the protection and processing of personal data.

         Article 4
   Operation
   1.   The Commission shall appoint the Chairman of the group.
   2.   The Commission's representative may ask experts or observers with specific competence on a subject on the agenda to participate in the group's deliberations where appropriate and/or necessary.
   3.   Information obtained by participating in the group's deliberations may not be divulged where the Commission states that this relates to confidential matters.
   4.   The group shall normally meet on Commission premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend these meetings.
   5.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission (3).
   6.   The Commission may publish on the Internet, in the original language of the document concerned, any résumé, conclusion, partial conclusion or working document of the group.
   Article 5
   Meeting expenses
   The Commission shall reimburse travel and, where appropriate, subsistence expenses for members, experts and observers in connection with the group’s activities in accordance with the provisions in force at the Commission. The members shall not be paid for their duties.
   Meeting expenses shall be reimbursed within the limits of the appropriations allocated to the departments concerned under the annual procedure for allocating resources.
   Article 6
   Entry into force
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union. It shall be applicable until 31 December 2007. The Commission shall decide on a possible extension before that date.

      Done at Brussels, 20 January 2006.

            For the Commission

         Vladimír ŠPIDLA

            Member of the Commission

      (1)  COM(2005) 224 final.

      (2)  OJ L 8, 12.1.2001, p. 1.

      (3)  OJ C 38, 6.2.2001, p. 3.


Avis juridique important

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32000D0015

2000/15/EC: Council Decision of 2 December 1999 concerning the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Argentine Republic

Official Journal L 006 , 11/01/2000 P. 0031 - 0031

COUNCIL DECISIONof 2 December 1999concerning the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Argentine Republic(2000/15/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 170, in conjunction with Article 300(2), first sentence of the first subparagraph, and Article 300(3), first subparagraph, thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) A Framework Agreement for trade and economic cooperation between the European Economic Community and the Argentine Republic(3) was concluded on 2 April 1990;(2) The European Community and the Argentine Republic are pursuing specific RTD programmes in areas of common interest;(3) On the basis of past experience, both sides have expressed a desire to establish a deeper and broader framework for the conduct of collaboration in science and technology;(4) This Cooperation Agreement in the field of science and technology forms part of the global cooperation between the European Community and the Argentine Republic;(5) By its Decision of 25 January 1999, the Council authorised the Commission to negotiate an Agreement for scientific and technological cooperation between the European Community and the Argentine Republic;(6) By its Decision of 29 July 1999, the Council decided that the Agreement for scientific and technological cooperation was to be signed on behalf of the European Community;(7) The Agreement for scientific and technological cooperation was signed on 20 September 1999;(8) The Agreement for scientific and technological cooperation between the European Community and the Argentine Republic should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement for scientific and technological cooperation between the European Community and the Argentine Republic is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2Pursuant to Article 11 of the Agreement, the President of the Council shall give notification that the procedures necessary for the entry into force of the Agreement have been completed on the part of the Community.Done at Brussels, 2 December 1999.For the CouncilThe PresidentE. TUOMIOJA(1) OJ C 274 E, 28.9.1999, p. 1.(2) Opinion delivered on 4 November 1999 (not yet published in the Official Journal).(3) OJ L 295, 26.10.1990, p. 67.


title: Council Decision (EU) 2015/1497 of 20 April 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) concerning the membership of the Union in the Extended Commission of the Convention for the Conservation of Southern Bluefin Tuna

text:
               8.9.2015

               EN

               Official Journal of the European Union

               L 234/1

         COUNCIL DECISION (EU) 2015/1497
   of 20 April 2015
   on the signing, on behalf of the European Union, and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) concerning the membership of the Union in the Extended Commission of the Convention for the Conservation of Southern Bluefin Tuna
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Union is competent to adopt measures for the conservation of marine biological resources under the common fisheries policy and to enter into agreements with third countries and international organisations.

               (2)

               Pursuant to Council Decision 98/392/EC (1), the Union is a Contracting Party to the United Nations Convention on the Law of the Sea of 10 December 1982. That convention requires all members of the international community to cooperate in conserving and managing the biological resources of the sea.

               (3)

               Pursuant to Council Decision 98/414/EC (2), the Union is a Contracting Party to the Agreement on the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982, relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.

               (4)

               On 1 December 2009 the Council authorised the European Commission to seek, on behalf of the Union, an amendment to the Convention for the Conservation of Southern Bluefin Tuna (‘the Convention’) in order for the Union to become a Contracting Party.

               (5)

               While the negotiations on the amendment to the Convention have not been conclusive, during its 20th meeting in October 2013, the Commission for the Conservation of Southern Bluefin Tuna (‘CCSBT’) amended the Resolution to establish an Extended Commission for the Conservation of Southern Bluefin Tuna (‘CCSBT Extended Commission’) to allow the Union to become a Member of the CCSBT Extended Commission through an Agreement in the form of an Exchange of Letters.

               (6)

               Since vessels flying the flags of Member States of the Union fish resources in the area of distribution of Southern Bluefin Tuna, it is in the Union's interest to sign and provisionally apply the Agreement in the form of an Exchange of Letters between the European Union and the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) concerning the membership of the Union in the Extended Commission of the Convention for the Conservation of Southern Bluefin Tuna (‘Agreement in the form of an Exchange of Letters’) in order to play an effective role in the implementation of the Convention.

               (7)

               Upon completion of this procedure the Union would be entitled to membership and vote in the CCSBT Extended Commission and Extended Scientific Committee.

               (8)

               Membership of the CCSBT Extended Commission will also promote consistency in the Union's conservation approach across oceans and reinforce its commitment to the long-term conservation and sustainable use of fisheries resources globally.

               (9)

               The Agreement in the form of an Exchange of Letters should therefore be signed and applied on a provisional basis,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Commission for the Conservation of Southern Bluefin Tuna (CCSBT) concerning the membership of the Union in the Extended Commission of the Convention for the Conservation of Southern Bluefin Tuna (‘Agreement in the form of an Exchange of Letters’) is hereby authorised, subject to the procedures for its conclusion.
   The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in the form of an Exchange of Letters on behalf of the Union.
   Article 3
   The Agreement in the form of an Exchange of Letters shall be applied on a provisional basis as from … (3), pending the completion of the procedures for its conclusion.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 20 April 2015.

            For the Council

            The President

         J. DŪKLAVS

      (1)  Council Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 1994 relating to the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 1.).

      (2)  Council Decision 98/414/EC of 8 June 1998 on the ratification by the European Community of the Agreement for the implementing of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks (OJ L 189, 3.7.1998, p. 14.).

      (3)  The Secretariat-General will publish the date of signature and provisional application in the Official Journal.