title: Council Decision (EU) 2015/2355 of 10 December 2015 authorising certain Member States to accept, in the interest of the European Union, the accession of the Russian Federation to the 1980 Hague Convention on the Civil Aspects of International Child Abduction

text:
               17.12.2015

               EN

               Official Journal of the European Union

               L 331/14

         COUNCIL DECISION (EU) 2015/2355
   of 10 December 2015
   authorising certain Member States to accept, in the interest of the European Union, the accession of the Russian Federation to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(3) in conjunction with Article 218 thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The European Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy.

               (2)

               The Council adopted Regulation (EC) No 2201/2003 (2) (‘Brussels IIa Regulation’), which aims to protect children from the harmful effects of wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure the protection of rights of access and rights of custody.

               (3)

               Regulation (EC) No 2201/2003 complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) which establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities, and aims to ensure the prompt return of wrongfully removed or retained children.

               (4)

               All Member States of the Union are party to the 1980 Hague Convention.

               (5)

               The Union encourages third states to accede to the 1980 Hague Convention and supports the correct implementation of the 1980 Hague Convention by participating, along with the Member States, inter alia, in the special commissions organised on a regular basis by the Hague Conference on private international law.

               (6)

               A common legal framework applicable between Member States of the Union and third states could be the best solution to sensitive cases of international child abduction.

               (7)

               The 1980 Hague Convention stipulates that it applies between the acceding state and such contracting states as have declared their acceptance of the accession.

               (8)

               The 1980 Hague Convention does not allow regional economic integration organisations such as the Union to become party to it. Therefore, the Union cannot accede to that Convention, nor can it deposit a declaration of acceptance of an acceding state.

               (9)

               Pursuant to Opinion 1/13 of the Court of Justice of the European Union, declarations of acceptance under the 1980 Hague Convention fall within the exclusive external competence of the Union.

               (10)

               The Russian Federation deposited its instrument of accession to the 1980 Hague Convention on 28 July 2011. The 1980 Hague Convention entered into force for the Russian Federation on 1 October 2011.

               (11)

               Several Member States have already accepted the accession of the Russian Federation to the 1980 Hague Convention. An assessment of the situation in the Russian Federation has led to the conclusion that those Member States that have not yet accepted the accession of the Russian Federation, are in a position to accept, in the interest of the Union, the accession of the Russian Federation under the terms of the 1980 Hague Convention.

               (12)

               The Member States that have not yet accepted the accession of the Russian Federation should therefore be authorised to deposit their declarations of acceptance of accession of the Russian Federation in the interest of the Union in accordance with the terms set out in this Decision. The Republic of Bulgaria, the Czech Republic, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Republic of Lithuania, Romania, the Republic of Slovenia, the Slovak Republic and the Republic of Finland which have already accepted the accession of the Russian Federation to the 1980 Hague Convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law.

               (13)

               The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are taking part in the adoption and application of this Decision.

               (14)

               In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The Member States that have not yet done so are hereby authorised to accept the accession of the Russian Federation to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) in the interest of the Union.
   2.   Member States referred to in paragraph 1 shall, no later than 11 December 2016, deposit a declaration of acceptance of the accession of the Russian Federation to the 1980 Hague Convention in the interest of the Union worded as follows:

      ‘[Full name of MEMBER STATE] declares that it accepts the accession of the Russian Federation to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in accordance with Council Decision (EU) 2015/2355’

   3.   Each Member State shall inform the Council and the Commission of the deposit of its declaration of acceptance of the accession of the Russian Federation and communicate to the Commission the text of the declaration within two months of its deposit.
   Article 2
   Those Member States which deposited their declarations of acceptance of the accession of the Russian Federation to the 1980 Hague Convention prior to the date of adoption of this Decision, shall not deposit new declarations.
   Article 3
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Decision is addressed to all Member States with the exception of the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Republic of Lithuania, Romania, the Republic of Slovenia, the Slovak Republic and the Republic of Finland.

      Done at Brussels, 10 December 2015.

            For the Council

            The President

         F. BAUSCH

      (1)  Opinion of 11 February 2015 (not yet published in the Official Journal).

      (2)  Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).


title: Council Decision 2005/808/CFSP of 21 November 2005 extending the mandate of the Head of Mission of the European Union Monitoring Mission (EUMM)

text:
               22.11.2005

               EN

               Official Journal of the European Union

               L 303/62

      COUNCIL DECISION 2005/808/CFSP
   of 21 November 2005
   extending the mandate of the Head of Mission of the European Union Monitoring Mission (EUMM)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 23(2) thereof,
   Having regard to Council Joint Action 2002/921/CFSP of 25 November 2002 extending the mandate of the European Union Monitoring Mission (1), and in particular Article 5(1) thereof,
   Whereas:

               (1)

               On 22 November 2004, the Council adopted Decision 2004/795/CFSP (2) extending the mandate of Ms Maryse DAVIET as Head of Mission of the European Monitoring Mission (EUMM). This Decision expires on 31 December 2005.

               (2)

               On 21 November 2005, the Council adopted Joint Action 2005/807/CFSP extending and amending the mandate of the European Union Monitoring Mission (EUMM) (3) until 31 December 2006.

               (3)

               The mandate of the Head of Mission of the EUMM should therefore also be extended,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The mandate of Ms Maryse DAVIET as Head of Mission of the EUMM is hereby extended until 31 December 2006.
   Article 2
   This Decision shall take effect on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 21 November 2005.

            For the Council

            The President

         J. STRAW

      (1)  OJ L 321, 26.11.2002, p. 51 and corrigendum in OJ L 324, 29.11.2002, p. 76. Joint Action as last amended by Joint Action 2004/794/CFSP (OJ L 349, 25.11.2004, p. 55).

      (2)  OJ L 349, 25.11.2004, p. 56.

      (3)  See page 61 of this Official Journal.


Avis juridique important

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E1994C0031

EFTA SURVEILLANCE AUTHORITY DECISION No 31/94/COL of 29 April 1994 concerning additional guarantees relating to Aujeszky's disease, for pigs destined to EFTA States or regions free of the disease

Official Journal L 138 , 02/06/1994 P. 0043 - 0047

EFTA SURVEILLANCE AUTHORITY DECISION No 31/94/COL of 29 April 1994 concerning additional guarantees relating to Aujeszky's disease, for pigs destined to EFTA States or regions free of the disease THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, in particular Article 17 and Protocol 1 (4) (d) thereof,Having regard to the Act referred to in point 1 of Chapter I of Annex I to the Agreement on the European Economic Area on animal health problems affecting intra-Community trade in bovine animals and swine (Council Directive 64/432/EEC; hereinafter referred to as the Cattle and Swine Act), and in particular Article 10 thereof,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5 (2) (d) and Protocol 1, Article 1 (c) thereof,Whereas Finland considers, as stated in a letter dated 28 December 1993, its territory to be free from Aujeszky's disease (AD) and has submitted supported documentation to the EFTA Surveillance Authority as provided for in Article 10 (1) of the Cattle and Swine Act;Whereas it is appropriate to define certain additional guarantees to protect the disease status in Finland;Whereas the authorities of Finland apply for national movement of pigs for breeding and production, rules at least equivalent to those foreseen by the present Decision;Whereas the additional guarantees provided for in the present Decision must not be requested from EFTA States and EC Member States or regions thereof which are themselves regarded as free from AD;Whereas the measures provided for in this Decision are in accordance with the opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority,HAS ADOPTED THIS DECISION:1. Pigs intended for breeding coming from other EFTA States or EC Member States or regions thereof and destined for EFTA States or regions thereof where vaccination for AD is not permitted, listed in Annex I, must fulfil the following conditions:1.1. AD must be compulsorily notifiable in the EFTA State and the EC Member State of origin;1.2. no clinical, pathological or serological evidence of AD must have been recorded in the herd of origin for the past 12 months;1.3. if vaccine for AD has been used on the herd of origin, only a gl deleted vaccine shall have been used for the past 12 months;1.4. the pigs must have been held in isolation in accommodation approved by the competent authority such that no direct or indirect contact with other pigs shall have been possible for at least 30 days prior to movement;1.5. the pigs must not have been vaccinated;1.6. the pigs must have been subjected to an Elisa test for the presence of gl antibodies in accordance with Annex II of this Decision, on sera taken at least 21 days after entry into isolation, with negative results. All animals in isolation must also have given negative results to this test. In the case of pigs aged over four months the test used shall be the whole virus Elisa;1.7. the pigs must have remained in the herd of origin since birth or the pigs must have remained in the consigning herd for three months and in others of equivalent status since birth;1.8. the pigs must not come into contact with pigs which do not fulfil the conditions set out in points 1.1 to 1.7 during transport from the site of origin to the farm of destination.2. Pigs intended for production coming from other EFTA States or EC Member States or regions thereof and destined for EFTA States or regions thereof where vaccination for AD is not permitted, listed in Annex I, must fulfil the following conditions:2.1. AD must be compulsorily notifiable in the EFTA State or the EC Member State of origin;2.2. no clinical, pathological or serological evidence of AD must have been recorded in the herd of origin for the past 12 months;2.3. the pigs must not have been vaccinated;2.4. no pre-movement testing shall be necessary if the herd of origin is part of an official monitoring programme where at least 15 % of the breeding animals (or 25 animals, whichever is the greater) are tested over the course of each year. Such testing shall be split into at least three approximately equal divisions, each being separated by at least two months; movement into such herds shall only be from herds of equivalent or superior status and no clinical case of AD shall have been recorded within 2 km of the herd of origin for the previous 60 days;2.5. if the herd of origin is not part of such a monitoring programme the pigs must have been segregated prior to movement and the pigs must have been sampled in accordance with Annex III within 10 days prior to movement and subjected to a test in accordance with Annex II. All animals tested must have passed the test;2.6. the pigs must have remained in the herd of origin since birth or the pigs must have remained in the herd of origin for three months and in herds of equivalent status since birth;2.7. the pigs must not come into contact with pigs which do not fulfil the conditions set out in points 2.1 to 2.6 during transport from the site of origin to the farm of destination.3. The animals referred to in point 2 shall be transported directly to the farm of destination and shall remain there until slaughter unless otherwise authorized by the competent authority in the EFTA State of destination. The competent authority of the EFTA State of destination may require that the pigs go directly to slaughter.4. Pigs intended for slaughter coming from other EFTA States or EC Member States or regions thereof and destined for EFTA States or regions thereof, listed in Annex I, must fulfil the following conditions:4.1. the pigs must be transported directly to the slaughterhouse of destination;4.2. if such pigs have been vaccinated, only a gl deleted vaccine shall have been used;4.3. no clinical, pathological or serological evidence of AD must have been recorded in the herd of origin for the past three months;4.4. the pigs must have remained in the herd of origin for the previous 60 days or since birth;4.5. AD must be compulsorily notifiable in the EFTA State or EC Member State of origin;4.6. the pigs must not come into contact with pigs which do not fulfil the conditions set out in points 4.1 to 4.5 during transport from the site of origin to the slaughterhouse.5. The health certificate referred to as Model III in Annex F to the Cattle and Swine Act must be completed by the following for pigs destined for an EFTA State or region thereof, listed in Annex I, and coming from an EFTA State or EC Member States or region thereof:'pigs in accordance with EFTA Surveillance Authority Decision 31/94/COL of 29 April 1994 concerning Aujeszky's disease. In the case of pigs for breeding the test used was the whole virus Elisa/Elisa for gl antibodies. (Delete where applicable).`6. The conditions laid down in points 1 to 5 shall not apply to the introduction of pigs into an EFTA State or region thereof, listed in Annex I, from an EFTA State or EC Member State or region thereof which under Article 10 of the Cattle and Swine Act has been granted additional guarantees corresponding to those provided for in this Decision.7. An EFTA State listed in Annex I shall submit annual reports on the monitoring and findings concerning AD. This report shall be submitted to the EFTA Surveillance Authority at the latest by 1 April the following year.8. This Decision shall enter into force 1 July 1994.9. This Decision is addressed to the EFTA States.10. This Decision shall be authentic in the English language.Done at Brussels, 29 April 1994.For the EFTA Surveillance AuthorityPekka SÄILÄCollege MemberANNEX Regions free of Aujeszky's disease which do not permit vaccination Finland: all regions(1) As laid down in 'Report of Sub-Committee of Scientific Veterinary Committee on Aujeszky's disease`, reference no VI/2556/92-EN (PVET/EN/1374), which can be obtained from the EFTA Surveillance Authority.ANNEX II Protocol for enzyme linked immunosorbent assay (Elisa) for detecting antibodies to Aujeszky's disease virus glycoprotein 1 (ADV-g1) in serum 1. The institutions listed in paragraph 2 (d) shall evaluate Elisa g1-tests and kits against the criteria in paragraphs 2 (a), 2 (b), 2 (c). The competent authority in each EFTA State shall ensure that only Elisa g 1-kits that meet these standards shall be registered. The examinations listed in 2 (a) and 2 (b) must be carried out prior to approval of the test and the examination in 2 (c), at least, mut thereafter be carried out on each batch.2. Standardization, sensitivity and specificity of the test.(a) The sensitivity of the test must be of such a level that the following Community Refernce sera (1) are scored positive:Community Reference serum ADV1 at 1: 8 dilution,Community Reference serum ADV-g1 A,Community Reference serum ADV-g1 B,Community Reference serum ADV-g1 C,Community Reference serum ADV-g1 D,Community Reference serum ADV-g1 E,Community Reference serum ADV-g1 F,(b) The specificity of the test must be of such a level that the following Community Reference sera (1) are stored negative:Community Reference serum ADV-g1 G,Community Reference serum ADV-g1 H,Community Reference serum ADV-g1 J,Community Reference serum ADV-g1 K,Community Reference serum ADV-g1 L,Community Reference serum ADV-g1 M,Community Reference serum ADV-g1 N,Community Reference serum ADV-g1 O,Community Reference serum ADV-g1 P,Community Reference serum ADV-g1 Q.(c) For batch control, the EC Reference serum ADV1 must be scored positive at a dilution of 1: 8 and the EC Reference serum ADV-g1 K must be scored negative.(d) The institutes listed below will, in addition, be responsible for checking the quality of the Elisa method in each EFTA State, and in particular for producing and standardizing national reference sera according in the EC Reference sera.1. Bundesanstalt für Virusseuchenbekämpfung bei Haustieren, Wien, Austria;2. Eläinlääkintä je elintarvikelaitos, Helsinki/Anstalten für veterinärmedicin och livsmedel, Helsingfors, Finland;3. Veterinærinstituttet, Oslo, Norway;4. Statens veterinärmedicinska anstalt, Uppsala, Sweden.(e) The Community Reference sera will be supplied by those institutes listed in paragraph 2 (d) above.ANNEX III >TABLE>


title: Council Decision of 6 April 2009 on the signing and provisional application of the Agreement between the European Community and Barbados on the short-stay visa waiver (2009/479/EC)

text:
               30.6.2009

               EN

               Official Journal of the European Union

               L 169/9

         COUNCIL DECISION
   of 6 April 2009
   on the signing and provisional application of the Agreement between the European Community and Barbados on the short-stay visa waiver
   (2009/479/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular point 2(b)(i) of Article 62, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Council Regulation (EC) No 1932/2006 (1) amended Regulation (EC) No 539/2001 (2) listing the third countries whose nationals must be in possession of visas when crossing the external borders of the European Union (negative list), and those whose nationals are exempt from that requirement (positive list) by, inter alia, transferring Barbados from the negative to the positive list. Furthermore, Regulation (EC) No 1932/2006 provides that the exemption is to be applied only from the date of entry into force of an agreement on visa exemption to be concluded between the European Community and Barbados.

               (2)

               By decision of 5 June 2008, the Council authorised the Commission to negotiate an agreement between the European Community and Barbados on the short-stay visa waiver.

               (3)

               Negotiations on the agreement were opened on 7 July 2008 and concluded on 16 October 2008.

               (4)

               The Agreement initialled in Brussels on 12 November 2008 should be signed and the attached declarations be approved. The Agreement should be applied on a provisional basis, pending the completion of the procedures for its formal conclusion.

               (5)

               In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, these Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and Barbados on the short-stay visa waiver (hereinafter referred to as the Agreement) is hereby approved on behalf of the Community, subject to its conclusion.
   The text of the Agreement is attached to this Decision.
   Article 2
   The declarations attached to this Decision shall be approved on behalf of the Community.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community, subject to its conclusion.
   Article 4
   The Agreement shall be applied on a provisional basis as from the date of signature thereof (3), pending the completion of the procedures for its formal conclusion.

      Done at Luxembourg, 6 April 2009.

            For the Council

            The President

         J. POSPÍŠIL

      (1)  OJ L 405, 30.12.2006, p. 23.

      (2)  OJ L 81, 21.3.2001, p. 1.

      (3)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
   JOINT DECLARATION WITH REGARD TO ICELAND, NORWAY, SWITZERLAND AND LIECHTENSTEIN
   The Contracting Parties take note of the close relationship between the European Community and Norway, Iceland, Switzerland and Liechtenstein, particularly by virtue of the Agreements of 18 May 1999 and 26 October 2004 concerning the association of these countries with the implementation, application and development of the Schengen acquis.
   In such circumstances it is desirable that the authorities of Norway, Iceland, Switzerland, Liechtenstein, on the one hand, and Barbados, on the other hand, conclude, without delay, bilateral agreements on the short-stay visa waiver in similar terms as this Agreement.
   JOINT DECLARATION ON THE INTERPRETATION OF THE CATEGORY OF PERSONS TRAVELLING FOR THE PURPOSE OF CARRYING OUT A PAID ACTIVITY AS PROVIDED IN ARTICLE 3(2) OF THIS AGREEMENT
   Desiring to ensure a common interpretation, the Contracting Parties agree that, for the purpose of this Agreement, the category of persons carrying out a paid activity covers persons entering for the purpose of carrying out a gainful occupation/remunerated activity in the territory of the other Contracting Party as an employee or as a service provider.
   This category should not cover:

               —

               businesspersons, i.e. persons travelling for the purpose of business deliberation (without being employed in the country of the other Contracting Party),

               —

               sportspersons and artists performing an activity on an ad-hoc basis,

               —

               journalists sent by the media of their country of residence, and,

               —

               intra-corporate trainees.

         The implementation of this Declaration shall be monitored by the Joint Committee within its responsibility under Article 6 of this Agreement, which may propose modifications when, on the basis of the experiences of the Contracting Parties, it considers it necessary.
   JOINT DECLARATION ON THE INTERPRETATION OF THE PERIOD OF THREE MONTHS DURING A SIX MONTHS PERIOD FOLLOWING THE DATE OF FIRST ENTRY AS SET OUT IN ARTICLE 4 OF THIS AGREEMENT
   The Contracting Parties agree that the maximum period of three months during a six months period following the date of first entry into the territory of Barbados or the Schengen area as provided by Article 4 of this Agreement means either a continuous visit or several consecutive visits, the duration of which does not exceed three months in any six months period in total.
   JOINT DECLARATION ON THE INFORMATION OF THE CITIZENS ABOUT THE VISA WAIVER AGREEMENT
   Recognising the importance of transparency for the citizens of the European Union and Barbados, the Contracting Parties agree to ensure full dissemination of information about the content and consequences of the visa waiver agreement and related issues, such as the entry conditions.
    ---documentbreak---

               30.6.2009

               EN

               Official Journal of the European Union

               L 169/10

         AGREEMENT
   between the European Community and Barbados on the short-stay visa waiver
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’, and
   BARBADOS, hereinafter referred to jointly as the ‘Contracting Parties’,
   WITH A VIEW TO further developing friendly relations between the Contracting Parties and desiring to facilitate travel by ensuring visa-free entry and short stay for their citizens,
   HAVING REGARD to Council Regulation (EC) No 1932/2006 of 21 December 2006, amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1) by, inter alia, transferring six third countries, including Barbados to the list of third countries whose nationals are exempt from the visa requirement for short stays in the Member States of the European Union (EU),
   BEARING IN MIND that Article 2 of Regulation (EC) No 1932/2006 states that for these six countries, the exemption from the visa requirement is to be applied only from the date of entry into force of an agreement on visa exemptions which is to be concluded by the European Community with the country in question,
   RECOGNISING that the citizens of all Member States are exempted from the visa requirement when travelling to Barbados, however for different periods of 28 days or 6 months,
   DESIRING to safeguard the principle of equal treatment of all EU citizens,
   TAKING INTO ACCOUNT that persons travelling for the purpose of carrying out a paid activity during their short stay are not covered by this Agreement and therefore for this category the relevant rules of Community law and national law of the Member States and the national law of Barbados on the visa obligation or exemption and on the access to employment continue to apply,
   TAKING INTO ACCOUNT the Protocol on the position of the United Kingdom and Ireland and the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and the Treaty establishing the European Community and confirming that the provisions of this agreement do not apply to the United Kingdom and Ireland,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Purpose
   This Agreement provides for visa-free travel for the citizens of the European Union and for the citizens of Barbados when travelling to the territory of the other Contracting Party for a maximum period of three months during a six months period.
   Article 2
   Definitions
   For the purpose of this Agreement:

               (a)

               ‘Member State’ shall mean any Member State of the European Union, with the exception of the United Kingdom and Ireland;

               (b)

               ‘a citizen of the European Union’ shall mean a national of a Member State as defined in point (a);

               (c)

               ‘a citizen of Barbados’ shall mean any person who holds the citizenship of Barbados;

               (d)

               ‘Schengen area’ shall mean the area without internal borders comprising the territories of the Member States as defined in point (a) applying the Schengen acquis in full.

         Article 3
   Scope of application
   1.   The citizens of the European Union holding a valid ordinary, diplomatic or service/official passport issued by a Member State may enter and stay without a visa in the territory of Barbados for the period of stay as defined in Article 4(1).
   The citizens of Barbados holding a valid ordinary, diplomatic or service/official passport issued by Barbados may enter and stay without a visa in the territory of the Member States for the period of stay as defined in Article 4(2).
   2.   Paragraph 1 does not apply to persons travelling for the purpose of carrying out a paid activity.
   For this category of persons, each Member State individually may decide to impose the visa requirement on the citizens of Barbados or to withdraw it according to Article 4(3) of Regulation (EC) No 539/2001.
   For this category of persons, Barbados may decide on the visa requirement or the visa waiver for the citizens of each Member State individually in accordance with its national law.
   3.   The visa waiver provided by this Agreement shall apply without prejudice to the laws of the Contracting Parties relating to the conditions of entry and short stay. The Member States and Barbados reserve the right to refuse entry into and short stay in their territories if one or more of these conditions are not met.
   4.   The visa waiver applies regardless of the mode of transport used to cross the borders of the Contracting Parties.
   5.   Issues not covered by this Agreement shall be governed by Community law, national law of the Member States and by national law of Barbados.
   Article 4
   Duration of stay
   1.   The citizens of the European Union may stay in the territory of Barbados for a maximum period of three months during a six months period following the date of first entry into the territory of the country.
   2.   The citizens of Barbados may stay in the Schengen area for a maximum period of three months during a six months period following the date of first entry into the territory of any Member State fully applying the Schengen acquis. This period of three months during a period of six months shall be calculated independently of any stay in a Member State which does not yet apply the Schengen acquis in full.
   The citizens of Barbados may stay for a maximum period of three months during a six months period following the date of first entry in the territory of each of the Member States that do not yet apply the Schengen acquis in full, independently of the period of stay calculated for the Schengen area.
   3.   This Agreement does not affect the possibility for Barbados and the Member States to extend the period of stay beyond three months in accordance with national law and Community law.
   Article 5
   Territorial application
   1.   As regards the French Republic, the provisions of this Agreement shall apply only to the European territory of the French Republic.
   2.   As regards the Kingdom of the Netherlands, the provisions of this Agreement shall apply only to the European territory of the Kingdom of the Netherlands.
   Article 6
   Joint Committee for the management of the Agreement
   1.   The Contracting Parties shall set up a Joint Committee of experts (hereinafter referred to as the ‘Committee’), composed of representatives of the European Community and representatives of Barbados. The Community shall be represented by the European Commission.
   2.   The Committee shall have, inter alia, the following tasks:

               (a)

               monitoring the implementation of this Agreement;

               (b)

               suggesting amendments or additions to this Agreement;

               (c)

               settling disputes arising from the interpretation or application of the provisions of this Agreement.

         3.   The Committee shall be convened whenever necessary at the request of one of the Contracting Parties.
   4.   The Committee shall establish its rules of procedure.
   Article 7
   Relation between this Agreement and existing bilateral visa waiver agreements between the Member States and Barbados
   This Agreement shall take precedence over the provisions of any bilateral agreements or arrangements concluded between individual Member States and Barbados, insofar as their provisions cover issues falling within the scope of this Agreement.
   Article 8
   Final provisions
   1.   This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective internal procedures and shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that the procedures referred to above have been completed.
   2.   This Agreement is concluded for an indefinite period of time, unless terminated in accordance with paragraph 5.
   3.   This Agreement may be amended by written agreement of the Contracting Parties. Amendments shall enter into force after the Contracting Parties have notified each other of the completion of their internal procedures necessary for this purpose.
   4.   Each Contracting Party may suspend in whole or in part this Agreement, in particular, for reasons of public policy, protection of national security or protection of public health, illegal immigration or the reintroduction of the visa requirement by either Contracting Party. The decision on suspension shall be notified to the other Contracting Party not later than 2 months before its entry into force. The Contracting Party that has suspended the application of this Agreement shall immediately inform the other Contracting Party once the reasons for suspension no longer exist.
   5.   Each Contracting Party may terminate this Agreement by giving written notice to the other Party. This Agreement shall cease to be in force 90 days after the date of such notification.
   6.   Barbados may suspend or terminate this Agreement only in respect of all the Member States.
   7.   The Community may suspend or terminate this Agreement only in respect of all of its Member States.

      Done at Brussels, in duplicate, on 28 May 2009 in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen

         За Барбадос
         Por Barbados
         Za Barbados
         For Barbados
         Für Barbados
         Barbadose nimel
         Για τα Μπαρμπάντος
         For Barbados
         Pour la Barbade
         Per le Barbados
         Barbadosas vārdā
         Barbadoso vardu
         Barbados részéről
         Għal Barbados
         Voor Barbados
         W imieniu Barbadosu
         Por Barbados
         Pentru Barbados
         Za Barbados
         Za Barbados
         Barbadosin puolesta
         För Barbados

      (1)  OJ L 405, 30.12.2006, p. 23.


title: 2011/503/EU: Commission Decision of 11 August 2011 authorising Spain to temporarily suspend the application of Articles 1 to 6 of Regulation (EU) No 492/2011 of the European Parliament and of the Council on freedom of movement for workers within the Union with regard to Romanian workers

text:
               12.8.2011

               EN

               Official Journal of the European Union

               L 207/22

         COMMISSION DECISION
   of 11 August 2011
   authorising Spain to temporarily suspend the application of Articles 1 to 6 of Regulation (EU) No 492/2011 of the European Parliament and of the Council on freedom of movement for workers within the Union with regard to Romanian workers
   (2011/503/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Act of Accession of Bulgaria and Romania (1), and in particular Article 23 paragraph 7 second subparagraph of Annex VII, Part 1 ‘Freedom of movement for persons’, thereof,
   Having regard to the request from Spain of 28 July 2011,
   Whereas:

               (1)

               Spain has been fully applying Articles 1 to 6 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (2) to Romanian nationals since 1 January 2009. Regulation (EEC) No 1612/68 was codified and replaced by Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (3) , which entered into force on 16 June 2011.

               (2)

               With reference to a serious disturbance of the Spanish labour market, Spain notified the Commission on 22 July 2011, pursuant to paragraph 7 third subparagraph of Annex VII Part 1 of the 2005 Act of Accession, that it had decided on that day to re-introduce restrictions on labour market access for Romanian workers, notably because of the need to take immediate action in view of the seasonal situation in the agricultural sector in the summer; otherwise the danger of an increase in the number of arrivals of Romanian workers while awaiting a Commission Decision, pursuant to paragraph 7 second subparagraph of that Annex VII, would endanger the very effectiveness of the re-introduced restrictions. At the same time, the Spanish government submitted a reasoned ex-post notification with supporting information as to the labour market disturbance.

               (3)

               By letter of 28 July 2011, pursuant to paragraph 7 second subparagraph of Annex VII to the 2005 Act of Accession, Spain followed up the notification of 22 July 2011, requesting the Commission to state that Articles 1 to 6 of Regulation (EU) No 492/2011 be wholly suspended in respect of Romanian workers throughout Spain and in all sectors of the labour market and that the Decision to be taken should be reviewed by 31 December 2012.

               (4)

               Spain justifies its request by reference to the current serious disturbance in the labour market in Spain, in particular the unprecedented fall in the level of employment following the economic recession that started in 2008 which has resulted in a large increase in the level of unemployment with the unemployment rate currently exceeding 20 % and the difficulty to re-create a substantial number of jobs in the short-term.

               (5)

               Spain states that the disturbance in the Spanish labour market, which seriously threatens the level of employment, is of a general nature and not limited to a particular region or sector.

               (6)

               Spain also justifies its request with the following elements: the decrease in the employment rate of Romanian nationals in Spain; the steady rise of unemployment and the high increase in the number of Romanian nationals resident in Spain which occurred despite the adverse evolution of the labour market in Spain and which had an impact on the capacity of Spain to absorb new inflows of workers.

               (7)

               Paragraph 7 of Annex VII Part 1 of the 2005 Act of Accession constitutes a safeguard clause, the purpose of which is to allow a Member State that already fully applies Articles 1 to 6 of Regulation (EU) No 492/2011 to workers, who are concerned by the transitional arrangements of that Annex, and that undergoes or foresees a serious labour market disturbance to re-impose restrictions on the free movement of workers in order to restore to normal the disturbed labour market situation in a given region or occupation.

               (8)

               Paragraph 7 of Annex VII Part 1 of the 2005 Act of Accession provides for two connected procedures: the normal procedure under paragraph 7 second subparagraph and the urgent procedure under paragraph 7 third subparagraph. While the procedure in paragraph 7 second subparagraph requires a Member State to request the Commission to state within 2 weeks the whole or partial suspension of Union law on free access to the labour market in a given region or occupation, the procedure in paragraph 7 third subparagraph provides that, in urgent and exceptional cases where the Member State cannot await the outcome of a Commission Decision under paragraph 7 second subparagraph, it can already unilaterally suspend EU law on free movement of workers.

               (9)

               The analysis of the available economic data shows that Spain is indeed facing a serious labour market disturbance, characterised by the by far highest unemployment rate in the EU (Eurostat monthly unemployment data show 21,0 %, against 9,4 % on average in the EU and 9,9 % in the Euro area in June 2011), a particularly dramatic unemployment among youth (45,7 % in June 2011) and a slow economic recovery (Eurostat figures show GDP growth first quarter 2011 compared with the previous quarter was only 0,3 %, against 0,8 % for the EU and the Euro area), hampered in addition by the current international financial turbulence requiring Spain to introduce further budget cuts aiming at fiscal consolidation, which could have further short-term negative effects on its scope for economic growth. The impact of the employment decline has been a general one affecting all regions and all sectors of production. Labour force survey data for the period between 2008 and 2010 also shows a general fall in the employment level of 9 %, in the construction sector even of 33 %, affecting all regions, varying between 6 % in the Basque country to 13 % in the Valenciana Autonomous Community.

               (10)

               Consequently the Commission considers that Spain has provided evidence that it is undergoing a labour market disturbance in a generalised way which seriously affects the level of employment in all regions and all sectors and is liable to persist in the near future.

               (11)

               Moreover, the analysis by the Commission has established that: Romanian nationals living in Spain are strongly affected by unemployment at a rate of more than 30 % (source: Eurostat Labour force survey data, first quarter 2011). The inflows of Romanian nationals arriving in Spain, despite a certain decrease due to the economic recession, remain at substantial levels, even though there is a low labour demand in Spain. The number of Romanian nationals usually resident in Spain has increased from 388 000 on 1 January 2006 to 823 000 on 1 January 2010 (source: Eurostat migration statistics).

               (12)

               It is likely that a continuing unrestricted inflow of Romanian workers would be a factor in increasing pressure on the Spanish labour market.

               (13)

               Therefore, in order to restore to normal the situation of the Spanish labour market, it is appropriate to authorise Spain to limit temporarily the free access of Romanian workers to that labour market.

               (14)

               Restrictions on access to the labour market constitute a derogation from a fundamental principle of the Treaty on the Functioning of the European Union, namely the free movement of workers. In accordance with the well-established case-law of the Court of Justice, such measures should be restrictively interpreted and applied.

               (15)

               Therefore, although with a view to the specific current situation in the Spanish labour market and considering displacement and other potential spill-over effects between regions and sectors caused by a selective restriction, it is at this time appropriate that restrictions should apply for employed activities in the entire territory of Spain and to all sectors, the scope of the derogation can be reduced, should the Commission ascertain that the relevant particulars which led to its acceptance have changed or that its effects prove to be more restrictive than its purpose requires, in particular for employed activities requiring university degree and equivalent qualifications.

               (16)

               Equally, though in order for the restrictions authorised by this Decision to have the envisaged effect on the Spanish labour market, it is now considered appropriate that these restrictions remain in place until 31 December 2012. This timeframe may be shortened if the Commission determines that the relevant particulars which led to the adoption of this Decision have changed or that its effects prove to be more restrictive than its purpose requires.

               (17)

               To this effect, Spain will be required to provide quarterly to the Commission such statistical data, as will be required to ascertain the evolution of the labour market per sector of activity and occupation. The first quarterly report is to be presented before 31 December 2011.

               (18)

               The Decision to authorise Spain to re-introduce restrictions on the free access of Romanian nationals to the Spanish labour market is further made under certain conditions to ensure that these restrictions are strictly limited to what is necessary to meet the envisaged purpose.

               (19)

               It is therefore not appropriate to authorise the re-introduction of restrictions in respect of Romanian nationals and their family members who are already employed in the Spanish labour market and in respect of those Romanian nationals and their family members already registered as jobseekers by the Public Employment Services in Spain.

               (20)

               The principles governing restrictions on access to the labour market, as laid down in Annex VII Part 1 of the 2005 Act of Accession, such as the standstill clause and the principle of Union preference in paragraph 14, should also be respected.

               (21)

               The right of family members of Romanian workers to take up employment in Spain should be governed mutatis mutandis by paragraph 8 of Annex VII Part 1 of the 2005 Act of Accession.

               (22)

               The restrictions on the rights of Romanian nationals and their family members to access the Spanish labour market authorised by this Decision are strictly limited to the scope of this Decision and can in no way affect any other rights that Romanian nationals and their family members enjoy under Union law.

               (23)

               A quarterly monitoring and information process on the development of the Spanish labour market has to be ensured.

               (24)

               For monitoring purposes, an obligation to provide the Commission with details of the measures that Spain has taken on the basis of this Decision has to be ensured,

         HAS ADOPTED THIS DECISION:
   Article 1
   Spain is hereby authorised under the conditions specified in Articles 2 to 4 of this Decision to suspend Articles 1 to 6 of Regulation (EU) No 492/2011 with regard to Romanian nationals until 31 December 2012.
   Article 2
   This Decision shall not affect the Romanian nationals and their family members:

               1.

               who are employed in Spain on the day of entry into force of this Decision;

               2.

               who are registered as jobseekers by the Public Employment Services in Spain on the day of entry into force of this Decision.

         Article 3
   The application of this Decision shall be subject mutatis mutandis to the conditions on transitional arrangements as laid down in Annex VII Part 1 of the 2005 Act of Accession.
   Article 4
   Spain shall take all necessary measures to continue to monitor closely the development of the labour market. It shall provide to the Commission quarterly statistical data evidencing the evolution of the labour market per sector of activity and occupation. The first quarterly report is to be presented before 31 December 2011.
   Spain shall provide the Commission and the Member States without delay in case of any significant change with an update of the relevant particulars it has supplied in respect of its request for a Commission decision and in respect of which this Decision is taken.
   Article 5
   This Decision may be amended or repealed in particular if the relevant particulars referred to in Article 4 and which led to its adoption have changed or that its effects prove to be more restrictive than its purpose requires.
   Article 6
   Spain shall provide the Commission with details of the measures it has taken on the basis of this Decision within 2 months of receipt thereof.
   Article 7
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 11 August 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 157, 21.6.2005, p. 203.

      (2)  OJ L 257, 19.10.1968, p. 2. English Special Edition Series I Chapter 1968(II) p. 475.

      (3)  OJ L 141, 27.5.2011, p. 1.


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31989D0490

89/490/EEC: Council Decision of 28 July 1989 on the improvement of the business environment and the promotion of the development of enterprises, and in particular small and medium-sized enterprises, in the Community

Official Journal L 239 , 16/08/1989 P. 0033 - 0035

COUNCIL DECISION of 28 July 1989 on the improvement of the business environment and the promotion of the development of enterprises, and in particular small and medium-sized enterprises, in the Community (89/490/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1) Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas on 3 November 1986 the Council adopted a resolution concerning the action programme for small and medium-sized enterprises (4) and on 30 June 1988 a resolution on the improvement of the business environment and action to promote the development  of enterprises, especially small and medium-sized enterprises, in the Community (5);  Whereas the Commission has submitted to the Council a communication on a enterprise policy for the Community; whereas the Community has already developed certain initiatives in this field;  Whereas this Decision applies, inter alia, to all forms of small and medium-sized enterprises, for example craft, cooperative and mutual enterprises;  Whereas the development of a European enterprise policy based upon the principle of effective competition is of great importance in increasing the competitiveness of the European economy, for employment growth and for economic and social cohesion in the  Community;  Whereas it is necessary to strengthen this policy in the light of the completion of the internal market and the other means of action contained in the Single European Act and the Commission's White Paper of June 1986;  Whereas the opportunities for small and medium-sized enterprises (SMEs) under the Structural Funds, in the  Community's research and development programmes and in other Community programmes should be increased;  Whereas measures at Community level should not duplicate those at the level of the Member States; whereas they should as far as possible make use of existing structures rather than create new ones;  Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,  HAS DECIDED AS FOLLOWS:    Article 1 In order to improve the business environment and encourage the creation and development of enterprises, and in particular small and medium-sized enterprises (SMEs), measures shall be implemented at Community level.  Article 2 The measures referred to in Article 1 shall include:  - removal of undue administrative, financial and legal constraints which check the development and creation of enterprises, and in particular SMEs,  - information and assistance to enterprises, and in particular SMEs, on Community policies, regulations and activities and those of each Member State which concern or are likely to concern them,  - encouragement of cooperation and partnership between enterprises, and in particular SMEs, from different regions of the Community.  Article 3 In order to achieve the objectives and carry out the measures referred to in Articles 1 and 2, the Commission will propose the necessary action to the extent that it cannot be undertaken better at Member State level.  Article 4 1.  The Commission shall be assisted by a committee composed of the representatives of the Member States and chaired by the representative of the Commission.  The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter. The  opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of Decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the  committee shall be weighted in the manner set out in that Article. The chairman shall not vote.  The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event the Commission  shall defer application of the measures which it has decided for a period of three months from the date of communication.  The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous subparagraph.  2.  For the implementation of this Decision, the procedure referred to in paragraph 1 shall apply in particular in the following cases:  - the adoption, experimental implementation or extension of any programme devised for application of this Decision,  - the content, timetable and estimated budget for action and calls for proposals,  - the evaluation of proposed projects, including those where no call for proposals is made,  - the periodical evaluation of the results obtained within each programme in accordance with the timetables laid down.  Article 5 The Commission shall ensure close coordination between the various programmes established outside this Decision and the initiatives taken in application of this Decision, in so far as the interest of SMEs and craft industries is manifest:  Sprint, Comett, Structural Funds in particular. A report on this coordination shall be made to the committee.  Article 6 Each year the Commission shall submit an evaluation report on the implementation of this Decision to the European Parliament, the Council and the Economic and Social Committee.  Article 7 For the period 1990 to 1993, the initial amount deemed necessary is estimated at ECU 110 million. A further estimated amount, of ECU 25 million, may be deemed necessary for expenditure in the same period should the Council so decide following  a review of the programme. This Council decision will then be taken on the same basis as this Decision. The principal activities to be financed are listed in the Annex.  Article 8 This Decision shall be published in the Offical Journal of the European Communities.   Done at Brussels, 28 July 1989.  For the Council The President M. CHARASSE  (1) OJ No C 79, 30. 3. 1989, p. 5. (2) OJ No C 158, 26. 6. 1989. (3) OJ No C 159, 26. 6. 1989, p. 38. (4) OJ No C 287, 14. 11. 1986, p. 1. (5) OJ No C 197, 27. 7. 1988, p. 6.   ANNEX ACTIVITIES TO BE FINANCED IN THE PERIOD 1990 TO 1993  1.  Removal of undue administrative, financial and legal constraints (assessment of the impact on business of existing and proposed legislation, consultation with Member States on national procedures) 2.  Information and assistance to enterprises:  - Information:  Tradition forms of information (publications, seminar, conferences) and development of the Euro-Info-Centres - Assistance:  Management development in SMEs, promotion of access of SMEs to financial markets (including seed capital projects), promotion of access of SMEs to Community programmes and to Structural Funds 3.  Encouragement of business cooperation and partnership:  Development of the Business Cooperation Network (BC-Net) and of Europartenariat; promotion of transnational subcontracting, pilot and demonstration projects to promote transnational cooperation and promotion of access of SMEs to third-country markets.  4.  Evaluation and policy development:  (including improvement of statistics on SMEs, studies of the impact of the large common market on SMEs; policy development and preparation of new projects - including special conditions and measures for very small enterprises, e.g. craft industries -  evaluation of existing projects)


title: Council Decision (EU) 2017/1763 of 25 September 2017 appointing a member and an alternate member, proposed by the Republic of Lithuania, of the Committee of the Regions

text:
               28.9.2017

               EN

               Official Journal of the European Union

               L 250/57

         COUNCIL DECISION (EU) 2017/1763
   of 25 September 2017
   appointing a member and an alternate member, proposed by the Republic of Lithuania, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Lithuanian Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Mindaugas SINKEVIČIUS.

               (3)

               An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Jonas JARUTIS,

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

               (a)

               as a member:

                           —

                           Mr Tadeuš ANDŽEJEVSKI, Member of Vilnius District Municipal Council,

               (b)

               as an alternate member:

                           —

                           Ms Lina KAIRYTĖ, Member of Panevėžys District Municipal Council.

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

      Done at Brussels, 25 September 2017.

            For the Council

            The President

         M. MAASIKAS

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

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

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


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32003B0418

2003/418/EC: European Parliament Decision of 8 April 2003 concerning discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the financial year 2001

Official Journal L 148 , 16/06/2003 P. 0089 - 0089 Official Journal 064 E , 12/03/2004 P. 0256 - 0257

European Parliament Decisionof 8 April 2003concerning discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the financial year 2001(2003/418/EC)THE EUROPEAN PARLIAMENT,having regard to the Court of Auditors' report on the financial statements of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2001, together with the Foundation's replies(1) (C5-0597/2002),having regard to the Council's recommendation of 7 March 2003 (C5-0089/2003),having regard to the EC Treaty, and in particular Article 276 thereof,having regard to Article 16 of Council Regulation (EEC) No 1365/75(2) as amended by Council Regulation (EEC) No 1947/93(3) and having regard to Article 185 of the Financial Regulation of 25 June 2002(4),having regard to Rule 93a and Annex V of its Rules of Procedure,having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A5-0079/2003),1. Grants discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the financial year 2001;2. Records its comments in the accompanying resolution;3. Instructs its President to forward this decision and the accompanying resolution to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions, the Council, the Commission, the Court of Justice and the Court of Auditors, and to have them published in the Official Journal of the European Union (L series).The Secretary-GeneralJulian PriestleyThe PresidentPat Cox(1) OJ C 326, 27.12.2002, p. 57.(2) OJ L 139, 30.5.1975, p. 1.(3) OJ L 181, 23.7.1993, p. 13.(4) OJ L 248, 16.9.2002, p. 1.


title: 2007/159/EC: Council Decision of 22 February 2007 on the position of the Community in relation to the draft Regulation of the United Nations Economic Commission for Europe concerning the approval of motor vehicles with regard to the forward field of vision of the motor vehicle driver (Text with EEA relevance)

text:
               9.3.2007

               EN

               Official Journal of the European Union

               L 69/37

      COUNCIL DECISION

   of 22 February 2007
   on the position of the Community in relation to the draft Regulation of the United Nations Economic Commission for Europe concerning the approval of motor vehicles with regard to the forward field of vision of the motor vehicle driver
   (Text with EEA relevance)
   (2007/159/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (1), in particular the second indent of Article 4(2), thereof,
   Having regard to the proposal of the Commission,
   Having regard to the assent of the European Parliament,
   Whereas:

               (1)

               The draft Regulation of the United Nations Economic Commission for Europe concerning the approval of motor vehicles with regard to the forward field of vision of the driver (2) provides for the abolition of the technical barriers to the trade of motor vehicles between the Contracting Parties with respect to these aspects, while ensuring a high level of safety.

               (2)

               It is appropriate to define the Community’s position with regard to the said draft Regulation and consequently to provide for the Community, represented by the Commission, to vote in favour of the draft.

               (3)

               The draft Regulation should become part of the Community type-approval system for motor vehicles because the scope of Council Directive 77/649/EEC of 27 September 1977 on the approximation of the laws of the Member States relating to the field of vision of motor vehicle drivers (3) is similar to the one of this draft Regulation,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The draft Regulation of the United Nations Economic Commission for Europe (UN/ECE) concerning the approval of motor vehicles with regard to the forward field of vision of the motor vehicle driver, as contained in document TRANS/WP.29/2005/2082 is hereby approved.
   Article 2
   The Community, represented by the Commission, shall vote in favour of the draft UN/ECE Regulation referred to in Article 1 at a forthcoming meeting of the Administrative Committee of the UN/ECE World Forum for Harmonisation of Vehicle Regulations.
   Article 3
   The UN/ECE Regulation concerning the approval of motor vehicles with regard to the forward field of vision of the motor vehicle driver shall become part of the Community type-approval system for motor vehicles.

      Done at Brussels, 22 February 2007.

            For the Council

            The President

         F. MÜNTEFERING

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

      (2)  UN/ECE Document TRANS/WP.29/2005/2082.

      (3)  OJ L 267, 19.10.1977, p. 1. Directive as last amended by Commission Directive 90/630/EEC (OJ L 341, 6.12.1990, p. 20).


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31990D0194

90/194/EEC: Council Decision of 29 March 1990 concerning the conclusion of an Agreement between the European Economic Community and the Kingdom of Sweden establishing cooperation in the field of training in the context of the implementation of COMETT II (1990-1994)

Official Journal L 102 , 21/04/1990 P. 0041

COUNCIL DECISION of 29 March 1990 concerning the conclusion of an Agreement between the European Economic Community and the Kingdom of Sweden establishing cooperation in the field of training in the context of the implementation of Comett II  (1990-1994) (90/194/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the oppinion of the European Parliament (2),  Whereas, by Decision 89/27/EEC (3), the Council adopted the second phase of the programme for cooperation between universities and industry regarding training in the field of technology (Comett II) (1990-1994);  Whereas, by Decision of 22 May 1989, the Council adopted the opening of the Comett II programme to the European Free Trade Association (EFTA) countries and Article 1 of that Decision authorizes the Commission to negotiate - with those EFTA countries  which so wish - cooperation agreements in the field of training in technology in the context of the implementation of Comett II;  Whereas a cooperation Agreement with Sweden enriches, by its very nature, the impact of Comett II actions throughout the Community and will strengthen the skill levels of human resources in Europe,  HAS DECIDED AS FOLLOWS:    Article 1 The Agreement between the European Economic Community and the Kingdom of Sweden establishing cooperation in the field of training in the context of the implementation of Comett II (1990-1994) is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2 The President of the Council shall, on behalf of the Community, give the notification as provided for in Article 15 of the Agreement.   Done at Brussels, 29 March 1990.  For the Council The President J. P. WILSON   (1) OJ No C 239, 14. 9. 1988, p. 3. (2) OJ No C 96, 17. 4. 1990. (3) OJ No L 13, 17. 1. 1989, p. 28.


title: 2009/144/EC: Council Decision of 19 February 2009 extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement

text:
               20.2.2009

               EN

               Official Journal of the European Union

               L 49/15

      COUNCIL DECISION

   of 19 February 2009
   extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement
   (2009/144/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 300(2) thereof,
   Having regard to the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000 (1) and revised in Luxembourg on 25 June 2005 (2),
   Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3), and in particular Article 3 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               By Council Decision 2002/148/EC (4), the consultations with the Republic of Zimbabwe under Article 96(2)(c) of the ACP-EC Partnership Agreement were concluded and appropriate measures, as specified in the Annex to that Decision, were taken.

               (2)

               By Decision 2008/158/EC (5), the application of the measures referred to in Article 2 of Decision 2002/148/EC, which had been extended until 20 February 2004 by Article 1 of Decision 2003/112/EC (6), until 20 February 2005 by Article 1 of Decision 2004/157/EC (7), until 20 February 2006 by Article 1 of Decision 2005/139/EC (8), until 20 February 2007 by Article 1 of Decision 2006/114/EC (9) and until 18 February 2008 by Article 1 of Decision 2007/127/EC (10), was extended for a further period of 12 months until 20 February 2009.

               (3)

               The essential elements cited in Article 9 of the ACP-EC Partnership Agreement continue to be violated by the Government of Zimbabwe, and the current conditions in Zimbabwe do not ensure respect for human rights, democratic principles and the rule of law.

               (4)

               The period of application of the measures should therefore be extended,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The period of application of the measures referred to in Article 2 of Decision 2002/148/EC shall be extended until 20 February 2010. The measures shall be kept under constant review.
   The letter in the Annex to this Decision shall be addressed to the President of Zimbabwe.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 19 February 2009.

            For the Council

            The President

         M. ŘÍMAN

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 209, 11.8.2005, p. 26.

      (3)  OJ L 317, 15.12.2000, p. 376.

      (4)  OJ L 50, 21.2.2002, p. 64.

      (5)  OJ L 51, 26.2.2008, p. 19.

      (6)  OJ L 46, 20.2.2003, p. 25.

      (7)  OJ L 50, 20.2.2004, p. 60.

      (8)  OJ L 48, 19.2.2005, p. 28.

      (9)  OJ L 48, 18.2.2006, p. 26.

      (10)  OJ L 53, 22.2.2007, p. 23.

      ANNEX
      Brussels,
      The European Union attaches the utmost importance to the provisions of Article 9 of the ACP-EC Partnership Agreement. As essential elements of the Partnership Agreement, respect for human rights, democratic institutions and the rule of law form the basis of our relations.
      By letter of 19 February 2002, the European Union informed you of its decision to conclude the consultations held under Article 96 of the ACP-EC Partnership Agreement and to take certain ‘appropriate measures’ within the meaning of Article 96(2)(c) of that Agreement.
      By letters of 19 February 2003, 19 February 2004, 18 February 2005, 15 February 2006, 21 February 2007 and 19 February 2008, the European Union informed you of its decisions not to revoke the ‘appropriate measures’ and to extend the period of application until 20 February 2004, 20 February 2005, 20 February 2006, 20 February 2007, 20 February 2008 and 20 February 2009 respectively.
      The European Union welcomes that, under the guidance of SADC, an agreement has been reached in Zimbabwe between the parties. It hopes that the new government will demonstrate its commitment to reform, including with respect to the rule of law, human rights and democratisation.
      Nevertheless 12 months after the adoption of the latest decision on appropriate measures, the European Union considers that no significant progress has been made in the five areas referred to in the Council Decision of 18 February 2002.
      In the light of the above, the European Union does not consider that the appropriate measures can yet be revoked and has decided to extend their period of application until 20 February 2010 pending reopening of consultations.
      The European Union would once again emphasise that it is not penalising the Zimbabwean people and that it will continue its contribution to operations of a humanitarian nature and projects in direct support of the population, in particular projects in the social sectors, democratisation, respect for human rights and the rule of law, which are not affected by these measures.
      The European Union wishes to reiterate that the application of appropriate measures within the meaning of Article 96 of the ACP-EC Partnership Agreement is no obstacle to political dialogue as provided for in Article 8 of that Agreement.
      With this in mind, the European Union wishes to underline once again the importance that it attaches to future EC-Zimbabwe cooperation and to confirm its willingness to carry on the dialogue and make progress in the near future towards a situation where the resumption of full cooperation becomes possible.
      Yours faithfully,

            For the Commission

            For the Council


Avis juridique important

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31996D0753

96/753/EC: Council Decision of 6 December 1996 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Kingdom of Norway, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Kingdom of Norway

Official Journal L 345 , 31/12/1996 P. 0078 - 0078

COUNCIL DECISION of 6 December 1996 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Kingdom of Norway, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Kingdom of Norway (96/753/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with the first sentence of Article 228 (2) thereof,Having regard to the proposal from the Commission,Whereas an Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Kingdom of Norway, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Kingdom of Norway (1) was negotiated in order to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the implementation of the Uruguay Round Agreement;Whereas the Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Kingdom of Norway, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Kingdom of Norway is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2 Detailed rules for the application of this Decision shall be adopted by the Commission assisted by the Committee referred to in Article 15 of Regulation (EC) No 3448/93 (2) in accordance with the procedure provided for in Article 16 of that Regulation.Article 3 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement referred to in Article 1 in order to bind the Community.Done at Brussels, 6 December 1996.For the CouncilThe PresidentD. SPRING(1) OJ No L 171, 27. 6. 1973, p. 1.(2) OJ No L 318, 20. 12. 1993, p. 18.


Avis juridique important

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32002D1007

2002/1007/EC: Council Decision of 9 December 2002 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out, for the period from 1 June 2002 to 31 May 2005, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe

Official Journal L 351 , 28/12/2002 P. 0078 - 0089

Council Decisionof 9 December 2002on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out, for the period from 1 June 2002 to 31 May 2005, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe(2002/1007/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37, in conjunction with Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) In accordance with the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé(1), the Community and the Democratic Republic of São Tomé and Príncipe have held negotiations with a view to determining the amendments or additions to be made to the Agreement at the end of the period of application of the Protocol.(2) As a result of these negotiations, a new Protocol was initialled on 14 February 2002.(3) The Protocol provides Community fishermen with fishing opportunities in waters under the sovereignty or jurisdiction of São Tomé and Príncipe from 1 June 2002 to 31 May 2005.(4) In order to ensure uninterrupted fishing activities by Community vessels, it is essential that the new Protocol be approved as quickly as possible. To this end, the two parties initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from 1 June 2002.(5) The allocation of the fishing opportunities among the Member States should be defined as well as their obligations to notify the catches,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out, for the period from 1 June 2002 to 31 May 2005, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe is hereby approved on behalf of the Community.The texts of the Agreement in the form of an Exchange of Letters and of the Protocol are attached to this Decision.Article 2The fishing opportunities set out in the Protocol shall be allocated among the Member States as follows:>TABLE>If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.Article 3The Member States whose vessels fish under this Protocol shall notify the Commission of the quantities of each stock caught in the São Tomé and Príncipe fishing zone in accordance with Commission Regulation (EC) No 500/2001(2).Article 4The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.Done at Brussels, 9 December 2002.For the CouncilThe PresidentH. C. Schmidt(1) OJ L 54, 25.2.1984, p. 2.(2) OJ L 73, 15.3.2001, p. 8.