Avis juridique important

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31981D0213

81/213/EEC: Council Decision of 3 March 1981 adopting a sectoral research and development programme in the field of environment (environmental protection and climatology) - indirect and concerted actions - (1981 to 1985)

Official Journal L 101 , 11/04/1981 P. 0001 - 0009

+++++( 1 ) OJ NO C 28 , 9 . 2 . 1981 , P . 60 .  ( 2 ) OJ NO C 353 , 31 . 12 . 1980 , P . 15 .  ( 3 ) OJ NO C 139 , 13 . 6 . 1977 , P . 1 .  ( 4 ) OJ NO C 7 , 29 . 1 . 1974 , P . 6 .  ( 5 ) OJ NO L 267 , 19 . 10 . 1977 , P . 35 .  ( 6 ) OJ NO L 311 , 4 . 11 . 1978 , P . 6 .  ( 7 ) OJ NO L 311 , 4 . 11 . 1978 , P . 10 .  ( 8 ) OJ NO L 72 , 23 . 3 . 1979 , P . 35 .  ( 9 ) OJ NO L 39 , 15 . 2 . 1980 , P . 24 .  ( 10 ) OJ NO L 39 , 15 . 2 . 1980 , P . 18 .  ( 11 ) OJ NO L 12 , 17 . 1 . 1980 , P . 24 .  ( 12 ) OJ NO L 72 , 18 . 3 . 1980 , P . 11 .  ( 13 ) OJ NO C 192 , 11 . 8 . 1977 , P . 1 .  ( 14 ) OJ NO L 255 , 20 . 9 . 1974 , P . 1 .  ( 15 ) OJ NO C 100 , 21 . 4 . 1979 , P . 1 .  COUNCIL DECISION OF 3 MARCH 1981 ADOPTING A SECTORAL RESEARCH AND DEVELOPMENT PROGRAMME IN THE FIELD OF ENVIRONMENT ( ENVIRONMENTAL PROTECTION AND CLIMATOLOGY ) - INDIRECT AND CONCERTED ACTIONS - ( 1981 TO 1985 ) ( 81/213/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 ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,  WHEREAS ARTICLE 2 OF THE TREATY ASSIGNS TO THE COMMUNITY THE TASK INTER ALIA OF PROMOTING THROUGHOUT THE COMMUNITY A HARMONIOUS DEVELOPMENT OF ECONOMIC ACTIVITIES , A CONTINUOUS AND BALANCED EXPANSION AND AN ACCELERATED RAISING OF THE STANDARD OF LIVING ;  WHEREAS RESEARCH IN THE FIELD OF ENVIRONMENT CONTRIBUTES TO THE ATTAINMENT OF THESE OBJECTIVES AND HAS BEEN IDENTIFIED AS A SECTOR OF PRIORITY INTEREST BY THE COUNCIL IN ITS CONCLUSIONS OF 20 DECEMBER 1979 ;  WHEREAS , IN ITS RESOLUTION OF 17 MAY 1977 ( 3 ) , THE COUNCIL APPROVED THE OBJECTIVES AND PRINCIPLES OF A POLICY FOR THE ENVIRONMENT IN THE COMMUNITY AS WELL AS A GENERAL DESCRIPTION OF THE PROJECTS TO BE UNDERTAKEN AT COMMUNITY LEVEL ;  WHEREAS , THEREFORE , THE RESEARCH PROJECTS DEALT WITH BY THIS DECISION SEEM NECESSARY TO ATTAIN CERTAIN OBJECTIVES OF THE COMMUNITY WITHIN THE FRAMEWORK OF THE COMMON MARKET ;  WHEREAS , BY ITS RESOLUTION OF 14 JANUARY 1974 ( 4 ) , THE COUNCIL ADOPTED AN INITIAL OUTLINE PROGRAMME OF THE EUROPEAN COMMUNITIES IN THE FIELD OF SCIENCE AND TECHNOLOGY , AND STRESSED THAT THE WHOLE RANGE OF AVAILABLE WAYS AND MEANS OF ACTION SHOULD BE USED ;  WHEREAS THE COMMUNITY IS RESPONSIBLE FOR THE CONCLUSION OF AGREEMENTS WITH THIRD COUNTRIES IN THE AREAS COVERED BY THIS DECISION ; WHEREAS IT IS ADVISABLE , AS SOON AS THIS DECISION IS ADOPTED , TO OPEN NEGOTIATIONS WITH THE STATES CONCERNED SO THAT SUCH AGREEMENTS CAN BE RAPIDLY CONCLUDED ;  WHEREAS THE COUNCIL HAS ADOPTED COMMUNITY CONCERTED ACTIONS IN THE FIELDS OF :  - TREATMENT AND USE OF SEWAGE SLUDGE , ON 27 SEPTEMBER 1977 ( 5 ) ,  - THE ANALYSIS OF ORGANIC MICRO-POLLUTANTS IN WATER , ON 9 OCTOBER 1978 ( 6 ) ,  - THE PHYSICO-CHEMICAL BEHAVIOUR OF ATMOSPHERIC POLLUTANTS , ON 9 OCTOBER 1978 ( 7 ) ;  WHEREAS THE COUNCIL HAS CONCLUDED COMMUNITY-COST CONCERTATION AGREEMENTS ON CONCERTED ACTION PROJECTS IN THE FIELDS OF :  - TREATMENT AND USE OF SEWAGE SLUDGE , ON 19 MARCH 1979 ( 8 ) ,  - THE ANALYSIS OF ORGANIC MICRO-POLLUTANTS IN WATER , ON 18 DECEMBER 1979 ( 9 ) ,  - THE PHYSICO-CHEMICAL BEHAVIOUR OF ATMOSPHERIC POLLUTANTS , ON 18 DECEMBER 1979 ( 10 ) ;  WHEREAS THE MEMBER STATES INTEND , AS PART OF THE RULES AND PROCEDURES APPLICABLE TO THEIR NATIONAL PROGRAMMES , TO CARRY OUT THE RESEARCH DESCRIBED IN TABLES 1 , 2 AND 3 OF POINT C OF THE ANNEX , AND ARE PREPARED TO INTEGRATE SUCH RESEARCH INTO A PROCESS OF COORDINATION AT COMMUNITY LEVEL UNTIL 31 DECEMBER 1983 ;  WHEREAS A MEMORANDUM OF UNDERSTANDING FOR THE IMPLEMENTATION OF ACTION COST 47 ( BENTHIC COASTAL ECOLOGY ) HAS BEEN SIGNED ;  WHEREAS , ON 18 DECEMBER 1979 ( 11 ) , THE COUNCIL ADOPTED A MULTIANNUAL RESEARCH PROGRAMME OF THE EUROPEAN ECONOMIC COMMUNITY IN THE FIELD OF CLIMATOLOGY ;  WHEREAS , ON 13 MARCH 1980 ( 12 ) , THE COUNCIL ADOPTED A MULTIANNUAL PROGRAMME FOR THE JOINT RESEARCH CENTRE WHICH INCLUDES RESEARCH ACTIVITIES IN THE FIELD OF THE ENVIRONMENT ;  WHEREAS , IN ITS CONCLUSIONS OF 20 DECEMBER 1979 , THE COUNCIL INVITED THE COMMISSION TO SUBMIT PROPOSALS AIMED AT THE RATIONALIZATION OF STRUCTURES FOR THE PREPARATION , EXAMINATION AND IMPLEMENTATION OF COMMUNITY RESEARCH AND DEVELOPMENT PROGRAMMES ; WHEREAS A GROUPING OF INDIRECT AND CONCERTED ACTIONS IN THE FIELD OF THE ENVIRONMENT WOULD CONSTITUTE A FIRST CONTRIBUTION TOWARDS MEETING THESE OBJECTIVES ;  WHEREAS THE TREATY DOES NOT PROVIDE THE SPECIFIC POWERS OF ACTION REQUIRED FOR THESE ENDS ;  WHEREAS THE COMMITTEE OF SCIENTIFIC AND TECHNOLOGICAL RESEARCH ( CREST ) HAS GIVEN ITS OPINION ON THE COMMISSION'S PROPOSAL ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  1 . A PROGRAMME OF RESEARCH AND DEVELOPMENT OF THE EUROPEAN ECONOMIC COMMUNITY IN THE FIELD OF THE ENVIRONMENT ( ENVIRONMENTAL PROTECTION AND CLIMATOLOGY ) IS HEREBY ADOPTED FOR A PERIOD OF FIVE YEARS FROM 1 JANUARY 1981 , AS DESCRIBED IN THE ANNEX .  2 . THE PROGRAMME INCLUDES INDIRECT AND CONCERTED ACTIONS .  THE INDIRECT ACTIONS ARE CARRIED OUT BY MEANS OF CONTRACTS .  THE CONCERTED ACTIONS CONSIST OF THE COORDINATION AT COMMUNITY LEVEL OF RESEARCH ACTIVITIES WHICH ARE PART OF RESEARCH PROGRAMMES OF THE MEMBER STATES AND , WHERE APPLICABLE , OF THE COMMUNITY .  CONCERTED ACTIONS 1 , 2 AND 4 UNDER POINT A OF THE ANNEX WILL END ON 31 DECEMBER 1983 UNLESS THEY ARE EXTENDED UNDER THE TERMS OF ARTICLE 3 .  ARTICLE 2  THE APPROPRIATIONS NECESSARY FOR THE IMPLEMENTATION OF THE PROGRAMME , THE AMOUNT OF WHICH SHALL BE FIXED AT 43 000 000 ECU , INCLUDING THE MEANS NECESSARY FOR THE COORDINATION OF CONCERTED ACTIONS 1 , 2 AND 4 UNDER POINT A OF THE ANNEX AND FOR A COMPLEMENT OF 16 STAFF , SHALL BE ENTERED IN THE BUDGET OF THE EUROPEAN COMMUNITIES .  THE INTERNAL DISTRIBUTION OF FUNDS IS SHOWN UNDER POINT B OF THE ANNEX .  IN THE LIGHT OF EXPERIENCE GAINED DURING THE IMPLEMENTATION OF THE PROGRAMME , AND PROVIDED THE OPINION OF CREST AND OF THE COMMITTEES REFERRED TO IN ARTICLE 5 IS SECURED BEFOREHAND , THE COMMISSION IS AUTHORIZED TO TRANSFER FUNDS FROM ONE AREA TO ANOTHER WITHIN THE SAME SUB-PROGRAMME , PROVIDED THAT SUCH TRANSFERS DO NOT RESULT IN AN INCREASE OR A REDUCTION OF MORE THAN 10 % IN THE ORIGINAL APPROPRIATION FOR EACH AREA OF RESEARCH AS ENVISAGED .  ARTICLE 3  THE PROGRAMME SHALL BE RE-EXAMINED AT THE END OF THE THIRD YEAR ; THIS RE-EXAMINATION MAY LEAD TO A REVISION OF THE PROGRAMME IN THE COURSE OF THE FOURTH YEAR FOLLOWING THE APPROPRIATE PROCEDURES , AND AFTER THE COMMITTEES REFERRED TO IN ARTICLE 5 HAVE BEEN CONSULTED . THE EUROPEAN PARLIAMENT SHALL BE INFORMED OF THE RESULTS OF THE RE-EXAMINATION .  ARTICLE 4  THE COMMISSION SHALL BE RESPONSIBLE FOR THE EXECUTION OF THE PROGRAMME WITH REGARD TO THE INDIRECT ACTIONS AND SHALL BE RESPONSIBLE FOR THE COORDINATION WITH REGARD TO THE CONCERTED ACTIONS .  IT WILL DECIDE , IN THE FRAMEWORK OF THE PROGRAMME , ON THE DETAILED IMPLEMENTATION , PARTICULARLY CONCERNING THE BREAKDOWN OF THE WORK BETWEEN INDIRECT AND CONCERTED ACTIONS , AND THE LAUNCHING OF CONCERTED AND COORDINATION ACTIONS , AS DESCRIBED IN THE ANNEX .  ARTICLE 5  THE COMMISSION WILL BE ASSISTED IN THE TASKS LISTED IN ARTICLE 4 BY THE FOLLOWING COMMITTEES :  ( A ) THE ADVISORY COMMITTEE ON PROGRAMME MANAGEMENT IN THE FIELD OF ENVIRONMENT PROTECTION ;  ( B ) THE ADVISORY COMMITTEE ON PROGRAMME MANAGEMENT IN THE FIELD OF CLIMATOLOGY .  AS FAR AS THE INDIRECT ACTIONS ARE CONCERNED , THE TERMS OF REFERENCE AND COMPOSITION OF THESE COMMITTEES WILL BE IN ACCORDANCE WITH THE COUNCIL RESOLUTION OF 18 JULY 1977 ON ADVISORY COMMITTEES FOR RESEARCH PROGRAMME MANAGEMENT ( 13 ) .  FOR THE CONCERTED ACTIONS , THE TERMS OF REFERENCE OF THE COMMITTEE UNDER ( A ) ABOVE ARE DEFINED IN POINT D OF THE ANNEX .  ARTICLE 6  WITH REGARD TO INDIRECT ACTIONS , THE DISSEMINATION OF THE INFORMATION ARISING FROM THEIR IMPLEMENTATION SHALL BE IN ACCORDANCE WITH COUNCIL REGULATION ( EEC ) NO 2380/74 OF 17 SEPTEMBER 1974 ADOPTING PROVISIONS FOR THE DISSEMINATION OF INFORMATION RELATING TO RESEARCH PROGRAMMES FOR THE EUROPEAN ECONOMIC COMMUNITY ( 14 ) .  ARTICLE 7  1 . WITH REGARD TO THE CONCERTED ACTIONS IN ACCORDANCE WITH A PROCEDURE TO BE LAID DOWN BY THE COMMISSION , IN AGREEMENT WITH THE COMMITTEE REFERRED TO IN ARTICLE 5 ( A ) , THE PARTICIPATING MEMBER STATES AND THE COMMUNITY SHALL REGULARLY EXCHANGE ALL USEFUL INFORMATION CONCERNING THE EXECUTION OF THE RESEARCH COVERED BY SUCH ACTIVITIES .  THE PARTICIPATING MEMBER STATES SHALL PROVIDE THE COMMISSION WITH ALL INFORMATION RELEVANT FOR COORDINATION PURPOSES . THEY SHALL ALSO ENDEAVOUR TO PROVIDE THE COMMISSION WITH INFORMATION ON SIMILAR RESEARCH PLANNED OR CARRIED OUT BY BODIES WHICH ARE NOT UNDER THEIR AUTHORITY .  ANY INFORMATION SHALL BE TREATED AS CONFIDENTIAL IF SO REQUESTED BY THE MEMBER STATE WHICH PROVIDES IT .  2 . AT THE COMPLETION OF THE PROGRAMME , THE COMMISSION , IN AGREEMENT WITH THE COMMITTEE REFERRED TO IN ARTICLE 5 ( A ) , SHALL SEND TO THE MEMBER STATES AND THE EUROPEAN PARLIAMENT A SUMMARY REPORT ON THE IMPLEMENTATION AND RESULTS OF THE CONCERTED ACTIONS .  IT SHALL PUBLISH THIS REPORT SIX MONTHS AFTER THE LATTER HAS BEEN SENT TO THE MEMBER STATES , UNLESS A MEMBER STATE OBJECTS . IN THE LATTER CASE , THE REPORT SHALL BE DISTRIBUTED , IN AGREEMENT WITH THE SAID COMMITTEE , ONLY TO THOSE INSTITUTIONS AND ENTERPRISES THAT REQUEST IT AND WHOSE RESEARCH OR PRODUCTION ACTIVITIES JUSTIFY ACCESS TO THE RESULTS OF RESEARCH ARISING FROM THE CONCERTED ACTIONS . THE COMMISSION SHALL MAKE THE NECESSARY ARRANGEMENTS FOR THE REPORT TO REMAIN CONFIDENTIAL AND NOT TO BE DIVULGED TO THIRD PARTIES .  ARTICLE 8  1 . IN ACCORDANCE WITH ARTICLE 228 OF THE TREATY , THE COMMUNITY MAY CONCLUDE AGREEMENTS WITH THIRD STATES , IN PARTICULAR THOSE INVOLVED IN EUROPEAN COLLABORATION IN THE FIELD OF SCIENTIFIC AND TECHNICAL RESEARCH ( COST ) WITH A VIEW TO ASSOCIATING THEM WHOLLY OR PARTLY WITH THIS PROGRAMME .  2 . THE COMMISSION IS HEREBY AUTHORIZED TO NEGOTIATE THE AGREEMENTS REFERRED TO IN PARAGRAPH 1 .  THE AGREEMENTS WITH THIRD STATES PARTICIPATING IN COST SHALL BE NEGOTIATED IN ACCORDANCE WITH THE CONCLUSIONS OF THE COUNCIL OF 18 JULY 1978 CONCERNING EUROPEAN COOPERATION IN THE FIELD OF SCIENCE AND TECHNOLOGY ( COST ) ( 15 ) .  ARTICLE 9  THE FOLLOWING COUNCIL DECISIONS :  - DECISION 78/888/EEC OF 9 OCTOBER 1978 ADOPTING A CONCERTED ACTION OF THE EUROPEAN ECONOMIC COMMUNITY IN THE FIELD OF THE ANALYSIS OF ORGANIC MICROPOLLUTANTS IN WATER ,  - DECISION 78/889/EEC OF 9 OCTOBER 1978 ADOPTING A CONCERTED ACTION OF THE EUROPEAN ECONOMIC COMMUNITY IN THE FIELD OF PHYSICO-CHEMICAL BEHAVIOUR OF ATMOSPHERIC POLLUTANTS ,  - DECISION 80/27/EEC OF 18 DECEMBER 1979 ADOPTING A MULTIANNUAL RESEARCH PROGRAMME OF THE EUROPEAN ECONOMIC COMMUNITY IN THE FIELD OF CLIMATOLOGY ( INDIRECT ACTION 1980 TO 1984 ) ,  ARE REPEALED WITH EFFECT FROM 1 JANUARY 1981 .  DONE AT BRUSSELS , 3 MARCH 1981 .  FOR THE COUNCIL  THE PRESIDENT  G . M . V . VAN AARDENNE


title: 2010/814/EU: Council Decision of 20 December 2010 on the signing, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles

text:
               30.12.2010

               EN

               Official Journal of the European Union

               L 345/1

         COUNCIL DECISION
   of 20 December 2010
   on the signing, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles
   (2010/814/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 5 October 2006 the Council adopted Regulation (EC) No 1562/2006 concerning the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles (1) (hereinafter ‘the Partnership Agreement’).

               (2)

               A Protocol setting out the fishing opportunities and the financial contribution provided for in the Partnership Agreement (hereinafter ‘the previous Protocol’) is annexed to the Partnership Agreement. The previous Protocol expires on 17 January 2011.

               (3)

               The Union negotiated with the Republic of Seychelles (hereinafter ‘Seychelles’) a new Protocol (hereinafter ‘the Protocol’) to the Partnership Agreement, providing EU vessels with fishing opportunities in the waters over which Seychelles have sovereignty or jurisdiction in respect of fisheries. In order to ensure the continuation of fishing activities of EU vessels, the Protocol provides for its provisional application.

               (4)

               On conclusion of those negotiations, the Protocol was initialled on 3 June 2010 and was amended by an Exchange of Letters on 29 October 2010.

               (5)

               The Protocol should be signed and should be applied on a provisional basis, pending the completion of the procedures for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles (hereinafter ‘the Protocol’) is hereby approved on behalf of the Union, subject to its conclusion.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union, subject to its conclusion.
   Article 3
   The Protocol shall be applied on a provisional basis as from the date of its signature (2), in accordance with Article 13 thereof, pending the completion of the procedures for its conclusion.
   Article 4
   This Decision shall enter into force on the day of its adoption

      Done at Brussels, 20 December 2010.

            For the Council

            The President

         J. SCHAUVLIEGE

      (1)  OJ L 290, 20.10.2006, p. 1.

      (2)  The date of the signature of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               30.12.2010

               EN

               Official Journal of the European Union

               L 345/3

         PROTOCOL
   setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles
   Article 1
   Period of application and fishing opportunities
   1.   For a period of three (3) years, the fishing opportunities granted under Article 5 of the Fisheries Partnership Agreement shall be as follows:

               a)

               48 ocean-going tuna seiners, and

               b)

               12 surface longliners.

         2.   Paragraph 1 shall apply subject to Articles 5 and 6 of this Protocol.
   3.   Under Article 6 of the Fisheries Partnership Agreement, and Article 7 of this Protocol, vessels flying the flag of a Member State of the European Union may engage in fishing activities in Seychelles’ waters only if they are in possession of a fishing authorisation issued under this Protocol in accordance with the Annex hereto.
   Article 2
   Financial contribution – Methods of payment
   1.   For the period referred to in Article 1, the total financial contribution referred to in Article 7 of the Fisheries Partnership Agreement shall be EUR 16 800 000 for the whole duration of this Protocol.
   2.   This total financial contribution shall comprise:

               a)

               an annual amount for access to Seychelles’ EEZ of EUR 3 380 000 equivalent to a reference tonnage of 52 000 tonnes per year, and

               b)

               a specific amount of EUR 2 220 000 per year for the support and implementation of Seychelles’ sectoral fisheries policy and maritime policy.

         3.   Paragraph 1 shall apply subject to Articles 3, 4, 5, and 6 of this Protocol.
   4.   The European Union shall pay the total amount fixed in paragraph 2 (a) and 2 (b) of this Article (i.e. respectively EUR 3 380 000 and EUR 2 220 000) each year during the period of application of this Protocol. Payment shall be made no later than 30 days after this Protocol’s entry into force for the first year, and no later than the anniversary date of this Protocol for the following years.
   5.   If the overall quantity of catches of tuna by European Union vessels in Seychelles’ EEZ exceeds 52 000 tonnes per year, the amount of the annual financial contribution for access rights shall be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the European Union shall not be more than twice the amount indicated in paragraph 2 a. (EUR 6 760 000). Where the quantities caught by European Union vessels in the Seychelles’ EEZ exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year in line with the provisions of the Annex.
   6.   Seychelles shall have full discretion regarding the use to which the financial contribution specified in Article 2 paragraph 2 (a) is put.
   7.   The financial contribution shall be paid into a single Seychelles’ Public Treasury account opened with the Central Bank of Seychelles. The account number shall be provided by the Seychelles authorities.
   Article 3
   Promoting responsible fishing and sustainable fisheries in Seychelles’ waters
   1.   As soon as this Protocol enters into force and no later than 3 months after that date, the European Union and Seychelles shall agree, within the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement, on a multiannual sectoral programme and detailed implementing rules covering, in particular:

               a)

               annual and multiannual guidelines for using the specific amount of the financial contribution referred to in Article 2 paragraph 2 (b);

               b)

               the objectives, both annual and multiannual, to be achieved with a view to introducing, over time, responsible fishing and sustainable fisheries, taking account of the priorities expressed by Seychelles in its national fisheries and maritime policy, and other policies relating to or having an impact on the promotion of responsible fishing and sustainable fisheries, including marine protected areas;

               c)

               criteria and procedures for evaluating the results obtained each year.

         2.   Any proposed amendments to the multiannual sectoral programme shall be approved by both Parties within the Joint Committee.
   3.   Each year, Seychelles may allocate, if necessary, an additional amount to the financial contribution referred to in Article 2 paragraph 2 (b) with a view to implementing the multiannual programme. This allocation shall be notified to the European Union.
   Article 4
   Scientific cooperation on responsible fishing
   1.   The two Parties hereby undertake to promote responsible fishing in Seychelles’ waters based on the principle of non-discrimination between the different fleets fishing in those waters.
   2.   During the period covered by this Protocol, the European Union and Seychelles shall endeavour to monitor the state of fishery resources in the Seychelles’ EEZ.
   3.   Both Parties shall endeavour to respect the resolutions and recommendations of the Indian Ocean Tuna Commission (IOTC) regarding conservation and responsible management of fisheries.
   4.   Based on the recommendations and resolutions taken within the IOTC and the best available scientific advice and, where appropriate, the results of the joint scientific meeting provided for by Article 4 of the Fisheries Partnership Agreement, the two Parties may consult each other within the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement and, where necessary, agree on the measures to ensure sustainable management of Seychelles’ fisheries resources.
   Article 5
   Adjustment of fishing opportunities by mutual agreement
   1.   The fishing opportunities referred to in Article 1 may be adjusted by mutual agreement insofar as the recommendations and resolutions of IOTC support that such an adjustment will secure the sustainable management of tuna and tuna-like species in the Indian Ocean.
   2.   In this case the financial contribution referred to in Article 2 paragraph 2 (a) shall be adjusted proportionately and pro rata temporis. However, the total annual amount paid by the European Union shall not be more than twice the figure indicated in Article 2, paragraph 2 (a).
   3.   Both Parties shall notify each other of any changes in their respective fisheries policy and legislation.
   Article 6
   New fishing opportunities
   1.   In the event that European Union fishing vessels become interested in engaging in fisheries not provided for in Article 1 of the Fisheries Partnership Agreement, the Parties shall consult each other before any possible authorisation is granted for any such activities and, where appropriate, agree on the conditions for such fishing including effecting corresponding amendments to this Protocol and the Annex thereto.
   2.   The Parties should encourage experimental fishing, especially relating to under exploited deep water species, present in Seychelles’ waters. To this end, and at the request of one Party, the Parties shall consult each other with a view to determining on a case by case basis, the species, conditions and other parameters that are relevant.
   3.   The Parties shall carry out experimental fishing in accordance with parameters that will be agreed by both Parties in an administrative arrangement where appropriate. The authorisations for experimental fishing should be agreed for a maximum period of 6 months.
   4.   In the event that the Parties consider that experimental campaigns have given positive results, the Government of Seychelles may allocate fishing possibilities of the new species to the European Union fleet until the expiration of this Protocol. The financial compensation mentioned in Article 2 paragraph 2 (a) of this Protocol shall consequently be increased. Ship-owners’ fees and conditions as provided for in the Annex shall be amended accordingly.
   Article 7
   Conditions governing fishing activities – Exclusivity clause
   Without prejudice to Article 6 of the Fisheries Partnership agreement, European Union’s vessels may fish in Seychelles’ waters only if they are in possession of a valid fishing authorisation issued by Seychelles under this Protocol and the Annex hereto.
   Article 8
   Suspension and review of the payment of the financial contribution
   1.   Notwithstanding the provisions laid out in Article 9 of this Protocol, the financial contribution referred to in Article 2 paragraph 2 (a) and (b) shall be reviewed or suspended after consultation between the two Parties provided that the European Union has paid in full any amounts due at the time of suspension:

               a)

               if exceptional circumstances, other than natural phenomena, prevent fishing activities in Seychelles’ EEZ;

               b)

               following significant changes in the policy guidelines of either one of the Parties affecting the relevant provisions of this Protocol;

               c)

               if the European Union ascertains a breach of essential and fundamental elements on human rights as laid out by Article 9 of the Cotonou Agreement and following the procedure set out in Articles 8 and 96 thereof. In this case, all fishing activities of the EU vessels shall be suspended.

         2.   The European Union reserves the right to suspend, totally or partially, the payment of the specific contribution provided for in Article 2, paragraph 2 (b) where the results of the sectoral policy support obtained are found to be materially inconsistent with the budgeted programming following the evaluation carried out and consultations within the Joint Committee as provided by Article 3 of this Protocol.
   3.   Payment of the financial contribution and fishing activities may recommence once the situation has returned to the status prior to the occurrence of the above mentioned circumstances and if the two Parties agree to do so following consultation.
   Article 9
   Suspension of the implementation of the Protocol
   1.   Implementation of this Protocol shall be suspended at the initiative of either one of the Parties subject to consultations between and agreement of the Parties within the Joint Committee provided for in Article 9 of the Agreement:

               a)

               if exceptional circumstances, other than natural phenomena, prevent fishing activities in Seychelles’ EEZ;

               b)

               in case the European Union fails to make the payments provided for in Article 2, paragraph 2(a) for reasons not covered by Article 8 of this Protocol;

               c)

               where a dispute arises between the Parties over the interpretation and implementation of this Protocol and its Annex which cannot be settled;

               d)

               if either one of the Parties does not respect the provisions laid out by this Protocol and its Annex;

               e)

               following significant changes in the policy guidelines of either one of the Parties affecting the relevant provisions of this Protocol;

               f)

               if either one of the Parties ascertains a breach of essential and fundamental elements on human rights as laid out by Article 9 of the Cotonou Agreement, and following the procedure set out in Articles 8 and 96 thereof.

               g)

               in case of non compliance with the International Labour Organisation Declaration on Fundamental Principles and Rights at Work as provided in Article 3, paragraph 5 of the Fisheries Partnership Agreement.

         2.   Suspension of implementation of this Protocol shall require the Party concerned to notify its intention in writing at least 3 months before the date on which the suspension is due to take effect.
   3.   In the event of suspension of implementation, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. Where such settlement is reached, implementation of this Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which implementation of this Protocol was suspended.
   Article 10
   National law
   1.   The activities of European Union fishing vessels in Seychelles’ waters are subject to the laws and regulations of Seychelles unless otherwise provided under this Protocol and the Annex thereof.
   2.   The authorities of Seychelles shall inform the European Commission of any changes or new legislation regarding the fishery policy.
   Article 11
   Duration
   This Protocol and the Annex thereto shall apply for a period of three (3) years starting form the provisional application in accordance with Article 13, unless notice of termination is given in accordance with Article 12.
   Article 12
   Termination
   1.   In the event of termination of this Protocol, the Party concerned shall notify the other Party in writing of its intention to terminate it at least 6 months before the date on which such termination should take effect.
   2.   Dispatch of the notification referred to in the previous paragraph shall open consultations by the Parties.
   Article 13
   Provisional Application
   This Protocol and the Annex thereto shall be applied provisionally from the date of their signature.
   Article 14
   Entry into force
   This Protocol with its Annex shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.
   ANNEX

      CONDITIONS FOR THE PURSUIT OF FISHING ACTIVITIES BY THE EUROPEAN UNION VESSELS IN SEYCHELLES WATERS

   CHAPTER I

      MANAGEMENT MEASURES

      SECTION 1

         Application and issue of fishing authorisations

               1.

               Only eligible European Union vessels may obtain a fishing authorisation to fish in Seychelles’ waters under the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles.

               2.

               ‘Fishing authorisation’ means the entitlement or licence to engage in fishing activities during a specified period, in a given area or for a given fishery.

               3.

               For a European Union vessel to be eligible, neither the owner, the master nor the vessel itself must be prohibited from fishing in Seychelles. They must be in order with the laws of the Seychelles and they must have fulfilled all prior obligations arising from their fishing activities in Seychelles under fisheries agreements concluded with the European Union. Moreover, they shall comply with the Council Regulation no 1006/2008 regarding fishing authorisations.

               4.

               All European Union vessels applying for a fishing authorisation shall be represented by an agent resident in Seychelles. The name and address of that agent shall be stated in the application.

               5.

               The relevant European Union authorities shall submit to the competent authority of Seychelles as defined in Article 2 of the Fisheries Partnership Agreement a fishing authorisation application for each vessel wishing to fish under the Fisheries Partnership Agreement at least 20 days before the date of commencement of the period of validity.

               6.

               Where a fishing authorisation application has not been submitted prior to the period of validity under point 5, the vessel-owner may do so through the EU during the period of validity, no later than 20 days before the start of the fishing activities. In such cases, vessel owners shall pay the entire fees due for the full validity period of the fishing authorisation.

               7.

               Each application for a fishing authorisation shall be submitted to the competent authority of Seychelles on a form drawn up in accordance with the specimen in Appendix 1 and shall be accompanied by the following documents:

                           a.

                           proof of payment of the fee for the period of validity of the fishing authorisation;

                           b.

                           any other documents or certificates required under the specific rules applicable to the type of vessel concerned pursuant to the Protocol.

               8.

               The fee shall be paid into the account provided by the Seychelles authorities.

               9.

               Fees shall include all national and local charges except for port taxes and service charges.

               10.

               Fishing authorisations for all vessels shall be issued to shipowners or their agents within 15 days of receipt of all the documents referred to in point 7 by the competent authority of Seychelles.
               A copy of these fishing authorisations shall be sent to the Delegation of the European Union responsible for the Seychelles.

               11.

               A fishing authorisation shall be issued for a specific vessel and shall not be transferable except for force majeure, as outlined in point 12 below.

               12.

               Where force majeure is proven, at the request of the European Union, a vessel’s fishing authorisation may be transferred, for the remaining period of its validity, to another eligible vessel with similar characteristics, with no further fee due. However, for long liners, if the gross registered tonnage (GRT) of the replacing vessel is higher, the difference in fee shall be paid pro rata temporis.

               13.

               The owner of the first vessel, or his agent, shall return the cancelled fishing authorisation to the competent authority of Seychelles via the Delegation of the European Union responsible for the Seychelles.

               14.

               The new fishing authorisation shall take effect on the day that the vessel’s owner returns the cancelled fishing authorisation to the competent authority of Seychelles. The Delegation of the European Union responsible for the Seychelles shall be informed of the fishing authorisation transfer.

               15.

               The fishing authorisation must be kept on board the vessel at all times, notwithstanding the provisions of Chapter VII – Control – point 1, of this Annex.

      SECTION 2

         Fishing authorisation conditions fees and advance payments

               1.

               A fishing authorisation is valid for 1 year, from the commencement date of the Protocol’s provisional implementation, and is renewable subject to fulfilment of application conditions as laid out in Section 1 above.

               2.

               Fishing authorisations shall be issued by the Seychelles competent authorities as follows:

                           a.

                           Tuna seiners:

                                       —

                                       a flat rate amount of EUR 61 000 per vessel per year payable in two instalments:

                                       —

                                       50 % at the time of application of fishing authorisation,

                                       —

                                       and 50 % within one hundred (100) days after the start of the validity period of the fishing authorisation,

                                       —

                                       In exceptional circumstances related to piracy which pose serious security threats to the vessels operating under the Fisheries Partnership Agreement forcing them to leave the Indian Ocean, the two Parties shall analyse the possibility of applying a pro rata temporis payment on a case by case basis upon individual requests by shipowners sent through the European Commission.

                           b.

                           Long-liners (above 250 GRT):

                                       —

                                       EUR 4 200 equivalent to EUR 35 per tonne for 120 tonnes of tuna and tuna-like species caught within Seychelles’ waters payable before the start of the validity period,

                           c.

                           Long-liners (below 250 GRT):

                                       —

                                       EUR 3 150 equivalent to EUR 35 per tonne for 90 tonnes of tuna and tuna-like species caught within Seychelles’ waters payable before the start of the validity period,

               3.

               Where longliners’ catches exceed the above specified tonnages, shipowners shall make the corresponding additional payments at the same rate of EUR 35 per tonne to the Seychelles competent authorities at the latest by 30 June of the same year following reception of the statement of fees in the bank account provided by the Seychelles authorities.
               Where the final statement, referred to in paragraph 6 hereunder, is less than the advance payment referred to in paragraph 3 for the long liners, the balance shall not be recoverable by the shipowner.

               4.

               The Seychelles authorities shall draw up a statement of fees due in respect of the previous calendar year on the basis of catch declarations submitted by European Union vessels and other information in the possession of the Seychelles authorities.

               5.

               The statement shall be sent to the Commission before 31 March of the current year. The Commission shall transmit it before 15 April simultaneously to shipowners and national authorities of the concerned Member States.

               6.

               Where the shipowners do not agree with the statement submitted by the Seychelles authorities, they may consult the scientific institutes competent for verifying catch statistics such as the IRD (Institut de Recherche pour le Développement), the IEO (Instituto Español de Oceanografia) and IPIMAR (Instituto de Investigação das Pescas e do Mar), and thereafter discuss together with the Seychelles competent authorities, who shall inform the Commission thereof, to establish the final statement before 31 May of the current year. In the absence of observations by the shipowners at that date, the statement submitted by the Seychelles authorities shall be considered as the final one.

      SECTION 3

         Supply vessels

               1.

               Supply vessels supporting EU fishing vessels operating under this Protocol shall be subject to the same provisions, fees and conditions as applicable to other such vessels under the Seychelles’ written laws.

               2.

               Supply vessels flying the flag of a Member State of the European Union shall be subject to the same procedure governing transmission of fishing authorisation applications as described in Section 1 above, to the extent applicable to them.

         CHAPTER II

      FISHING ZONES

   To avoid any adverse effect on small-scale fisheries in Seychelles’ waters, fishing by European Union vessels shall not be authorised in the zones defined as restricted or prohibited in Seychelles’ legislation nor within three miles around any fish-aggregating device placed by Seychelles authorities, the geographical positions of which have been communicated to the shipowners’ representatives or agents.
   CHAPTER III

      MONITORING

      SECTION 1

         Catch recording

               1.

               All vessels authorised to fish in Seychelles’ waters under the Fisheries Partnership Agreement shall be obliged to communicate their catches to the competent authority of Seychelles in the following manner:

                           1.1.

                           The European Union vessels licensed to fish in Seychelles’ waters shall fill a statement of catch form as set out in Appendices 2 and 3 on a daily basis, for each trip they undertake in Seychelles’ waters. In the absence of catches, the form shall still be filled in. The form shall be filled in legibly and signed by the master of the vessel or his representative.

                           1.2.

                           As far as the submission of the statement of catch form referred to in points 1.1 and 1.3 is concerned, the European Union vessels shall:

                                       —

                                       in the case they call into Port Victoria, submit the completed form to the Seychelles authorities within five (5) days of arrival, or in any event before they leave port, whichever occurs first,

                                       —

                                       in any other case, send the completed form to the Seychelles authorities within fourteen (14) days of arrival in any port other than Victoria,

                           1.3.

                           Copies of these statement of catch forms must simultaneously be sent to the scientific institutes referred to in Chapter I, Section 2, point 6, within the same time frame as provided in point 1.2 above.

               2.

               The words ‘Outside Seychelles’ waters’ shall be entered in the abovementioned statement of catch form in respect of periods during which the vessel is not in Seychelles’ EEZ.

               3.

               The Parties shall endeavour to introduce a catch data system based exclusively on the electronic exchange of all the information described above. Therefore, the two Parties shall consider replacing the paper version of the statement of catches form into its electronic format as soon as possible.

               4.

               Once the electronic system of catches declaration is implemented and in case of technical problems or malfunction, declarations of catches shall be made pursuant to point 1 above.

      SECTION 2

         Catch communication: entering and leaving seychelles’ waters

               1.

               For the purposes of this Annex, the duration of a trip by a European Union vessel shall be defined as follows:

                           —

                           either the period elapsing between entering and leaving Seychelles’ waters,

                           —

                           or the period elapsing between entering Seychelles’ waters and a transhipment,

                           —

                           or the period elapsing between entering Seychelles’ waters and a landing in Seychelles,

               2.

               European Union vessels shall notify the Seychelles authorities at least three (3) hours in advance of their intention to enter or leave Seychelles’ waters and every 3 days during their fishing activities in Seychelles’ waters of their catches during this period.

               3.

               When notifying entry/leaving, vessels shall also communicate their position at the time of communication and the volume and species in catches kept on board. These communications shall be made in the format set out in appendix 5, by fax or e-mail, to the addresses provided therein. However, the Seychelles authorities may exempt surface long liners not fitted with the appropriate communication equipment from this obligation by authorising communication by radio.

               4.

               European Union fishing vessels found to be fishing without having informed the competent authorities of Seychelles shall be deemed as vessels without a fishing authorisation. The sanctions referred to in Chapter VIII, point 1.1 will be applicable in such cases.

      SECTION 3

         Landing

               1.

               All vessels wishing to land catches in Seychelles’ ports shall notify the following information to the competent authority of Seychelles at least 24 hours in advance:

                           —

                           the names of the landing fishing vessels,

                           —

                           the tonnage by species to be landed,

                           —

                           the day of landing,

                           —

                           the recipient of landed catch,

               2.

               Tuna seiners shall endeavour to supply tuna to the Seychelles’ cannery and/or the local industry at international market price.

               3.

               Tuna seiners landing in Port Victoria will endeavour to make their by-catches available locally at the local market price.

      SECTION 4

         Transhipment

               1.

               All vessels wishing to tranship catches in Seychelles’ waters shall do so only within Seychelles’ ports. Transhipment at sea is forbidden and any person infringing this provision shall be liable to the penalties provided for by the Seychelles’ law.

               2.

               The shipowners or their agents must notify the following information to the competent authority of Seychelles at least 24 hours in advance:

                           —

                           the names of the transhipping fishing vessels,

                           —

                           the names of the cargo vessels,

                           —

                           the tonnage by species to be transhipped and,

                           —

                           the day of transhipment,

               3.

               Transhipment shall be considered as an exit from Seychelles’ waters. Vessels must therefore submit their catch declarations to the competent authorities of Seychelles.

      SECTION 5

         Vessels monitoring system

   Vessels shall be monitored, inter alia, by vessel monitoring systems, without discrimination, in accordance with the provisions set out below.

               1.

               For the purposes of satellite monitoring, the Seychelles authorities shall communicate to the Fisheries Monitoring Centres (FMCs) of the flag States the coordinates (latitudes and longitudes) of the Seychelles’ waters.
               The Seychelles authorities will transmit this information in electronic format, expressed in degrees decimal in the Wgs-84 system datum.

               2.

               The Seychelles authorities and the national FMCs will exchange information on their respective electronic addresses in https format or where appropriate other secure communication protocol and the specifications to be used in their respective FMCs in accordance with the conditions established in points 4 and 6. This information will include, as far as possible, the names, the telephone and fax numbers and the electronic addresses (Internet), which can be used for the general communications between the FMCs.

               3.

               The position of the vessels will be determined with a margin of error of less than 100 metres and with a confidence interval of 99 %.

               4.

               When a vessel fishing under the EU/Seychelles Fisheries Partnership Agreement enters into the Seychelles’ waters, subsequent position reports shall be automatically communicated by the FMC of the flag State to the FMC of Seychelles, in real time, at least every hour (frequency). These messages are identified as Position Reports.
               The frequency of transmission can be changed up to a 30 minutes basis, when strong evidence is provided demonstrating that the vessel is perpetrating an infringement:

                           4.1.

                           This evidence shall be submitted by the Seychelles’ FMC to the FMC of the flag State and to the European Commission, along with the request to alter frequency. The FMC shall send the data to the FMC of Seychelles automatically and in real time immediately after receiving the request.

                           4.2.

                           The FMC of Seychelles shall notify immediately the FMC of the flag State and the European Commission of the end of the monitoring procedure.

                           4.3.

                           The FMC of the flag State and the European Commission shall be informed of the follow up of any inspection procedure based on the special request under point 4.2 above.

               5.

               The messages referred to in point 4 shall be transmitted electronically in https format, or other secure communication protocols, subject to prior agreement between the relevant FMCs. All messages will be communicated automatically, in real time and in accordance with the definitions given in point 4.
               It is prohibited for a vessel to switch off or obstruct its satellite tracking device when operating in Seychelles’ waters.

               6.

               In the event of a technical problem or malfunction of the satellite monitoring device installed on board the fishing vessel, the master of that vessel shall communicate the information specified in point 4 by fax, or e-mail to the FMC of the flag State concerned starting from the time the failure or malfunction was detected or from the time the owner or master of the vessel was informed by the Seychelles competent authority. At least one global position report every 4 hours shall be sufficient under such circumstances as long as the vessel stays in Seychelles’ waters. This global position report will include the hourly positions as registered by the master of that vessel during those 4 hours. The FMC of the flag State or the vessel itself shall forward these messages to the Seychelles’ FMC without delay. In case of necessity or doubts, the Seychelles competent authority could ask from a given vessel a transmission of position report every hour. Defective equipment shall be repaired or replaced as soon as the vessel concludes its fishing trip. Any new fishing trip shall not begin until the equipment has been repaired or replaced.

               7.

               The Vessel Monitoring System hardware and software components shall be temper proof, i.e. shall not permit the input or output of false positions and must not be capable of being manually over-ridden. The system shall be fully automatic and operational at all times regardless of environmental conditions. It shall be prohibited to destroy, damage, render inoperative or otherwise interfere with the satellite tracking device.
               In particular, the master shall ensure that:

                           —

                           data are not altered in any way,

                           —

                           the antenna or the antennas connected to the satellite tracking devices are not obstructed in any way,

                           —

                           the power supply of the satellite tracking devices is not interrupted in any way,

                           —

                           the vessel tracking device is not removed from the vessel or the place where it was first installed,

                           —

                           any replacement of a vessel tracking device is immediately notified to the Seychelles competent authority,

                     Any breach of the above-mentioned obligations may render the master liable under the written laws of Seychelles.

               8.

               The FMCs of the flag States shall monitor the tracking of their vessels when the latter are in the Seychelles’ waters, at 1 hour intervals. If the tracking of the vessels is not carried out under the conditions envisaged, the Seychelles’ FMC shall be immediately informed, and the procedure provided for in point 6 will be applicable.

               9.

               Relevant FMCs and the Seychelles’ FMC shall cooperate to ensure the implementation of these provisions. If the Seychelles’ FMC establishes that the flag State is not transmitting the data in conformity with point 4 above, the relevant FMC shall be immediately notified. Upon receipt of notification, the latter shall respond within twenty-four (24) hours by informing the Seychelles’ FMC of the reasons for non-transmission and indicating a reasonable delay for compliance with these provisions. In case of failure to comply within this delay, the two FMCs will settle such problems in writing or as provided for by point 13 of these provisions.

               10.

               Monitoring data transmitted in accordance with these provisions shall be used exclusively for control, management, monitoring and enforcement by the Seychelles competent authorities. These data cannot be communicated to non relevant third parties under any circumstances, except with the written consent of the flag State concerned, and on a case by case basis, or by an order of the Court in Seychelles.

               11.

               It is agreed that, at the request of either Party, there will be an exchange of information on the equipment used for satellite tracking, in order to ensure that the said equipment is fully compatible with the requirements of the other Party for the purposes of these provisions.

               12.

               The Parties agree to meet to review these provisions as and when appropriate, including the relevant analysis of cases of malfunctioning or anomalies related to individual vessels. All such cases will have to be notified by the Seychelles authorities to the EU flag Member States and to the European Commission at least 15 days before the review meeting.

               13.

               Any dispute concerning the interpretation or the application of these provisions shall be subject to consultation between the Parties within the framework of the Joint Committee provided for in Article 9 of the Fisheries Partnership Agreement.

         CHAPTER IV

      EMBARKING SEAMEN

               1.

               Each tuna seiner shall take on board during its trip in Seychelles’ waters at least two Seychelles seamen designated by the agent of the vessel, in agreement with the shipowner, from the names on a list submitted by the competent authority of Seychelles.

               2.

               Shipowners shall endeavour to take on board additional Seychelles seamen.

               3.

               The shipowner or agent shall inform the competent authority of Seychelles of the names and particulars of the Seychelles seamen taken on board the vessel concerned, mentioning their position in the crew.

               4.

               The International Labour Organisation’s Declaration on Fundamental Principles and Rights at Work shall apply as of right to seamen signed on by EU vessels. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.

               5.

               Seychelles seamen’s employment contracts, a copy of which shall be given to the signatories, shall be drawn up between the shipowners’ agent(s) and the seamen and/or their trade unions or representatives in consultation with the competent authorities of Seychelles. These contracts shall guarantee the seamen the social security cover applicable to them, including life insurance, sickness and accident insurance and the pension benefits.

               6.

               Seychelles seamen’s wages shall be paid by the shipowners. They shall be agreed, before fishing authorisations are issued, by mutual agreement between the shipowners or their agents and the competent authorities of Seychelles. However, the wage conditions granted to Seychelles seamen shall not be lower than those applied to Seychelles crews performing similar duties and shall under no circumstances be below ILO standards.

               7.

               For the purposes of the enforcement and application of the law of employment of Seychelles, the shipowner’s agent shall be considered as the local representative of the shipowner. The contract concluded between the agent and the seamen shall include also the conditions for repatriation and the pension benefit applicable to them.

               8.

               All seamen employed aboard European Union vessels shall report to the master of the vessel designated on the day before their proposed embarkation date. Where a seaman fails to report on the date and time agreed for embarkation, shipowners shall be automatically absolved of their obligation to take the seaman on board.

               9.

               Where the number of Seychelles seamen on board of tuna seiners does not reach the minimum level as provided in point 1 for reasons other than that referred to in the previous point, each shipowner shall be obliged to pay a flat-rate amount equivalent to a figure based on the number of days that his fleet operated in Seychelles’ waters, taking the entry of the first vessel and exit of the last one as a reference, multiplied by the amount per day which is fixed at EUR 20. The flat rate amount shall be paid to the Seychelles authorities at the latest within 90 days from the end of the validity period of the fishing authorisation.

               10.

               That sum shall be used for the training of seamen/fishermen in Seychelles and shall be paid into an account provided by the Seychelles authorities.

         CHAPTER V

      OBSERVERS

               1.

               Both Parties recognize the importance of respecting the obligations of IOTC Resolution 10/04 with regards to the Scientific Observer Programme.

               2.

               For compliance purposes, provisions for observers are as follows, except in case of space limitations due to security requirements:

                           2.1.

                           Vessels authorised to fish in Seychelles’ waters under the Fisheries Partnership Agreement shall take on board compliance observers appointed by the Seychelles authorities on the terms set out below.

                                       2.1.1.

                                       European Union fishing vessels shall, at the request of the Seychelles authorities, take on board one observer, and when the Seychelles authorities think it appropriate and necessary, two observers, designated by the said authorities.

                                       2.1.2.

                                       The Seychelles authorities shall draw up a list of vessels designated to take an observer on board and a list of the appointed observers. These lists shall be kept up to date. They shall be forwarded to the European Commission as soon as they have been drawn up, and every 3 months thereafter where they have been updated.

                                       2.1.3.

                                       The Seychelles authorities shall inform the shipowners concerned, or their agents, of the name of the observer appointed to be taken on board their vessel no later than 15 days before the observer’s planned embarkation date.

               3.

               The time spent on board by observers shall be fixed by the Seychelles authorities but, as a general rule, it should not exceed the time required to carry out their duties. The Seychelles authorities shall inform the shipowners or their agents thereof when notifying them of the name of the observer appointed to be taken on board the vessel concerned.

               4.

               The conditions under which observers are taken on board shall be agreed between shipowners or their agents and the Seychelles authorities after notification of the list of designated vessels.

               5.

               Within 2 weeks and giving 10 days’ notice, the shipowners concerned shall make known at which port of Seychelles and on what dates they intend to take observers on board.

               6.

               Where observers are taken on board in a foreign port, their travel costs shall be borne by the shipowner. Should a vessel with an observer (or two) from Seychelles on board leave Seychelles’ waters, all measures must be taken to ensure the observer returns to Seychelles as soon as possible at the expense of the shipowner.

               7.

               If the observer is not present at the time and place agreed and during the 12 hours following the time agreed, shipowners shall be automatically absolved of their obligation to take the observer on board.

               8.

               Observers shall be treated as officers. They shall carry out the following tasks:

                           8.1.

                           observe the fishing activities of the vessels;

                           8.2.

                           verify the position of vessels engaged in fishing operations;

                           8.3.

                           note the fishing gear used;

                           8.4.

                           verify the catch data for Seychelles’ waters recorded in the logbook;

                           8.5.

                           verify the percentages of by-catches and estimate the quantity of discards;

                           8.6.

                           report fishing data including the quantity of catches and by-catches on board taken in Seychelles’ waters, once a week by fax or e-mail or other means of communication.

               9.

               Masters of vessels shall do everything reasonably practicable to ensure the physical safety and welfare of observers while on board.

               10.

               Similarly, as far as possible, they shall be offered every facility needed to carry out their duties. The master shall give them access to the means of communication needed for the discharge of their duties, to documents directly concerned with the vessel’s fishing activities, including in particular the logbook and the navigation log, and to those parts of the vessel necessary to facilitate the performance of their tasks as observers.

               11.

               While on board, observers shall:

                           11.1.

                           take all appropriate steps to ensure that the conditions of their boarding and presence on the vessel neither interrupt nor hamper fishing operations,

                           11.2.

                           respect the material and equipment on board and the confidentiality of all documents belonging to the vessel.

               12.

               At the end of the observation period and before leaving the vessel, observers shall draw up an activity report to be transmitted to the competent authorities of Seychelles, with a copy to the European Commission, which shall be signed by the observers. A copy of the report shall be handed to the master when the observers leave the vessel.

               13.

               Shipowners shall bear the cost of accommodating observers in the same conditions as the officers on the vessel.

               14.

               The salary and applicable taxes of the observers shall be borne by the competent authorities of Seychelles.

         CHAPTER VI

      PORT EQUIPMENT AND USE OF SUPPLIES AND SERVICES

   European Union vessels shall endeavour to procure in Seychelles all supplies and services required for their operations. The Seychelles authorities shall lay down, in agreement with the shipowners, the conditions for using port equipment and, if necessary, supplies and services.
   CHAPTER VII

      CONTROL

   Vessels shall comply with the written laws of Seychelles regarding fishing gears and the technical specifications thereof and all other technical measures applicable to their fishing activities, as well as with the conservation, management and other measures adopted by the Indian Ocean Tuna Commission.
   1.   Vessel list
   The European Union shall keep an up-to-date list of the vessels to which a fishing authorisation has been issued under this Protocol. This list shall be notified to the authorities of Seychelles responsible for fisheries inspection as soon as it is drawn up and each time it is updated.
   2.   Control procedures

               2.1.

               Masters of European Union fishing vessels engaged in fishing activities in Seychelles’ waters shall cooperate with any Seychelles authorised officer carrying out inspection and control of fishing activities.

               2.2.

               In order to facilitate safer inspection procedures, without prejudice to the provisions of the written laws of Seychelles, boarding should be conducted in such a way that the inspection platform and the inspectors can be identified as Seychelles authorised officers.

               2.3.

               Seychelles may allow the European Union, or a body designated by it, to send EU inspectors to observe the activities of EU vessels, including transhipments, during onshore based controls.

               2.4.

               Once an inspection has been completed, the inspection report may be commented upon and shall be signed by all the persons, including the master, who participated in the inspection. A copy of the inspection report shall be given to the master of the vessel.

               2.5.

               These authorised officers shall not remain on board for longer than is necessary for the discharge of their duties.

         3.   Masters of European Union fishing vessels engaged in landing or transhipment operations in a port of Seychelles shall allow and facilitate the inspection of such operations by Seychelles authorised officers. Once the inspection has been completed, a certificate shall be issued to the master of the vessel.
   4.   Where the provisions set out in this Chapter are not complied with, the Government of Seychelles reserves the right to suspend the fishing authorisation of the offending vessel until formalities have been completed and to apply the penalty laid down in existing Seychelles’ legislation. The flag Member State and the European Commission shall be informed thereof.
   CHAPTER VIII

      ENFORCEMENT

   1.   Sanctions

               1.1.

               Failure to observe any one of the provisions of the above chapters, the management and conservation of marine living resources measures, or the Seychelles’ written laws, shall be subject to the penalties as laid down by the Seychelles’ written laws.

               1.2.

               The flag Member State and the European Commission shall be immediately and fully informed of any sanctions and of all relevant facts related thereto.

               1.3.

               Where a sanction takes the form of suspension or revocation of a fishing authorisation, during the remaining period of the validity of a fishing authorisation which has been suspended or revoked, the European Commission may request another fishing authorisation which would have otherwise have been applicable, for a vessel from another ship-owner.

         2.   Arrest and detention of fishing vessels
   The Seychelles authorities shall inform the Delegation of the European Union responsible for the Seychelles and the flag State, within 48 hours, of the arrest and/or detention of any fishing vessel flying the flag of a Member State of the European Union fishing under the Fisheries Partnership Agreement in Seychelles’ EEZ and shall transmit a copy of the inspection report, detailing the circumstances and reasons of the arrest and/or detention.
   3.   Information exchange procedure in the event of arrest and/or detention

               3.1.

               Whilst respecting the deadlines and procedures of legal proceedings as provided for by the written laws of Seychelles relating to arrest and/or detention, a consultation meeting shall be held, upon receipt of the above information, between the European Commission and the Seychelles competent authorities, possibly attended by a representative of the Member State concerned.

               3.2.

               At the meeting, the Parties shall exchange any relevant documentation or information helping to clarify the circumstances of the established facts. The ship-owner or its agent shall be informed of the outcome of the meeting and of any measures resulting from the arrest and/or detention.

         4.   Settlement of arrest and/or detention

               4.1.

               An attempt shall be made to resolve the presumed infringement amicably. This procedure shall be completed no later than three working days after the arrest and/or detention, in conformity with the written laws of Seychelles.

               4.2.

               In the event of an amicable settlement, the amount of the fine shall be determined in accordance with the written laws of Seychelles. If such an amicable settlement is not possible, the legal proceeding shall take its course.

               4.3.

               The vessel shall be released and its master discharged once the obligations arising under the amicable settlement have been fulfilled and the legal proceedings have been completed.

         5.   The European Commission, via the Delegation of the European Union, shall be kept informed of any proceedings initiated and penalties imposed.


Avis juridique important

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31999D0127

1999/127/EC: Council Decision of 25 January 1999 concerning the conclusion of the Framework Cooperation Agreement leading ultimately to the establishment of a political and economic association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part

Official Journal L 042 , 16/02/1999 P. 0046 - 0064

COUNCIL DECISION of 25 January 1999 concerning the conclusion of the Framework Cooperation Agreement leading ultimately to the establishment of a political and economic association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (1999/127/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 113 and 130y thereof, in conjunction with the first sentence of Article 228(2) and the first subparagraph of Article 228(3) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament,Whereas Article 130u of the Treaty provides that Community policy in the sphere of development cooperation should foster the sustainable economic and social development of the developing countries, the smooth and gradual integration of those countries into the world economy and the combating of poverty in those countries;Whereas the Framework Cooperation Agreement leading ultimately to the establishment of a political and economic association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, should be approved,HAS DECIDED AS FOLLOWS:Article 1 The Framework Cooperation Agreement leading ultimately to the establishment of a political and economic association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, is hereby approved on behalf of the European Community.The text of the Agreement is attached to this Decision.Article 2 In accordance with the conditions laid down in Article 34 of the Agreement, the President of the Council shall chair the Joint Council referred to in Article 33 and shall represent the Community in that Council. A representative of the Commission shall chair the Joint Cooperation Committee referred to in Article 35 of the Agreement and the Joint Subcommittee on Trade referred to in Article 37 of the Agreement in accordance with their rules of procedure and shall represent the Community on those committees.Article 3 The President of the Council shall give the notification provided for in Article 42 of the Agreement on behalf of the European Community.Article 4 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 25 January 1999.For the CouncilThe PresidentJ. FISCHER


Avis juridique important

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31980D0177

80/177/EEC: Council Decision of 18 December 1979 concerning the conclusion of the Agreement on a concerted action project in the field of physico-chemical behaviour of atmospheric pollutants (COST project 61a bis)

Official Journal L 039 , 15/02/1980 P. 0018 Greek special edition: Chapter 11 Volume 18 P. 0015

++++COUNCIL DECISION  OF 18 DECEMBER 1979  CONCERNING THE CONCLUSION OF THE AGREEMENT ON A CONCERTED ACTION PROJECT IN THE FIELD OF PHYSICO-CHEMICAL BEHAVIOUR OF ATMOSPHERIC POLLUTANTS  ( COST PROJECT 61A BIS )   ( 80/177/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL DECISION 78/889/EEC OF 9 OCTOBER 1978 ADOPTING A EUROPEAN ECONOMIC COMMUNITY JOINT PROJECT IN THE FIELD OF PHYSICO-CHEMICAL BEHAVIOUR OF ATMOSPHERIC POLLUTANTS ( 1 ) AND IN PARTICULAR ARTICLE 6 ( 1 ) THEREOF ,  HAVING REGARD TO THE DRAFT DECISION SUBMITTED BY THE COMMISSION ,  WHEREAS , PURSUANT TO ARTICLE 6 ( 2 ) OF DECISION 78/889/EEC , THE COMMISSION HAS NEGOTIATED AN AGREEMENT WITH CERTAIN NON-MEMBER STATES INVOLVED IN EUROPEAN COOPERATION IN THE FIELD OF SCIENTIFIC AND TECHNICAL RESARCH ( COST ) WITH A VIEW TO ENSURING THAT THE COMMUNITY PROJECT AND THE CORRESPONDING PROGRAMMES OF THESE STATES ARE HARMONIZED ;  WHEREAS , THEREFORE , THIS AGREEMENT SHOULD BE APPROVED ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE COMMUNITY-COST CONCERTATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY , AUSTRIA , AND SWEDEN ON A CONCERTED ACTION PROJECT IN THE FIELD OF PHYSICO-CHEMICAL BEHAVIOUR OF ATMOSPHERIC POLLUTANTS  ( COST PROJECT 61A BIS ) IS HEREBY APPROVED ON BEHALF OF THE COMMUNITY .  THE TEXT OF THE AGREEMENT IS ANNEXED TO THIS DECISION .  ARTICLE 2  THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSONS EMPOWERED TO SIGN THE AGREEMENT IN ORDER TO BIND THE COMMUNITY .  DONE AT BRUSSELS , 18 DECEMBER 1979 .  FOR THE COUNCIL  THE PRESIDENT  B . LENIHAN  ( 1 ) OJ NO L 311 , 4 . 11 . 1978 , P . 10 .


71/32/EEC: Commission Decision of 22 December 1970 setting up an Advisory Committee on Flax and Hemp


title: 2014/643/CFSP: Political and Security Committee Decision EUCAP Sahel Niger/3/2014 of 24 July 2014 extending the mandate of the Head of Mission of the European Union CSDP mission in Niger (EUCAP Sahel Niger)

text:
               6.9.2014

               EN

               Official Journal of the European Union

               L 267/5

         POLITICAL AND SECURITY COMMITTEE DECISION EUCAP SAHEL NIGER/3/2014
   of 24 July 2014
   extending the mandate of the Head of Mission of the European Union CSDP mission in Niger (EUCAP Sahel Niger)

      (2014/643/CFSP)

   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to the Council Decision 2012/392/CFSP of 16 July 2012 on the European Union CSDP mission in Niger, (EUCAP Sahel Niger) (1), and in particular Article 9(1) thereof,
   Whereas:

               (1)

               Pursuant to Article 9(1) of Decision 2012/392/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the EUCAP Sahel Niger mission, including, in particular, the decision to appoint a Head of Mission.

               (2)

               On 6 May 2014, the PSC adopted Decision EUCAP Sahel Niger/2/2014 (2), appointing Mr Filip DE CEUNINCK as Head of Mission of EUCAP Sahel Niger from 6 May 2014 to 15 July 2014.

               (3)

               On 22 July 2014, the Council adopted Decision 2014/482/CFSP (3), extending the mandate of EUCAP Sahel Niger from 16 July 2014 to 15 July 2016.

               (4)

               The High Representative of the Union for Foreign Affairs and Security Policy has proposed to extend the mandate of Mr Filip DE CEUNINCK as Head of Mission of EUCAP Sahel Niger from 16 July 2014 to 15 July 2015,

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Mr Filip DE CEUNINCK as Head of Mission of the European Union CSDP mission in Niger (EUCAP Sahel Niger) is hereby extended until 15 July 2015.
   Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 16 July 2014.

      Done at Brussels, 24 July 2014.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 187, 17.7.2012, p. 48.

      (2)  Political and Security Committee Decision EUCAP Sahel Niger/2/2014 of 6 May 2014 on the appointment of the Head of Mission of the European Union CSDP Mission in Niger (EUCAP Sahel Niger) (OJ L 136, 09.5.2014, p. 26).

      (3)  Council Decision 2014/482/CFSP of 22 July 2014 amending Decision 2012/392/CFSP on the European Union CSDP mission in Niger (EUCAP Sahel Niger) (OJ L 217, 23.7.2014, p. 31).


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82/607/EEC: Council Decision of 28 July 1982 concerning the coordination of the actions of the Member States and the Commission related to activities preparatory to a long-term programme for the use of telematics for Community information systems concerned with imports/exports and the management and financial control of agricultural market organizations

Official Journal L 247 , 23/08/1982 P. 0025 - 0025 Spanish special edition: Chapter 13 Volume 12 P. 0248  Portuguese special edition Chapter 13 Volume 12 P. 0248

++++( 1 ) OJ NO C 125 , 17 . 5 . 1982 , P . 170 .  ( 2 ) OJ NO C 343 , 31 . 12 . 1981 , P . 4 .  ( 3 ) OJ NO L 255 , 6 . 10 . 1977 , P . 32 .  COUNCIL DECISION OF 28 JULY 1982 CONCERNING THE COORDINATION OF THE ACTIONS OF THE MEMBER STATES AND THE COMMISSION RELATED TO ACTIVITIES PREPARATORY TO A LONG-TERM PROGRAMME FOR THE USE OF TELEMATICS FOR COMMUNITY INFORMATION SYSTEMS CONCERNED WITH IMPORTS/EXPORTS AND THE MANAGEMENT AND FINANCIAL CONTROL OF AGRICULTURAL MARKET ORGANIZATIONS  ( 82/607/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 ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,  WHEREAS , WITH REGARD TO THE ADMINISTRATION OF THE CUSTOMS UNION AND THE COMMON AGRICULTURAL POLICY , IT IS OFTEN ESSENTIAL THAT IMPORT/EXPORT DATA AND DATA ON THE AGRICULTURAL MARKET AND ITS FINANCIAL CONTROL ARE RAPIDLY COMMUNICATED AND PROCESSED ;  WHEREAS THE STUDY OF INFORMATICS SYSTEMS INSTITUTED BY THE COUNCIL IN ITS DECISION 77/619/EEC ( 3 ) HAS BEEN COMPLETED AND HAS PRODUCED A RECOMMENDATION FOR THE ADOPTION OF A CONCERTED DEVELOPMENT PROGRAMME FOR THE NEXT 10 YEARS BY THE COMPETENT ADMINISTRATIONS OF THE COMMUNITY ; WHEREAS A FURTHER STUDY OF THE NEEDS , FEASIBILITY , COSTS AND BENEFITS OF THE PROGRAMME IS REQUIRED ;  WHEREAS , SINCE THE SERVICES OF THE COMMISSION AND THE COMPETENT NATIONAL ADMINISTRATIONS WILL BE THE OPERATORS AND THE USERS OF THE IMPROVED INFORMATION SYSTEMS , IT IS APPROPRIATE IN THE INTERESTS OF THE PROPER WORKING OF THE COMMUNITY MECHANISMS TO PROVIDE FOR THE COORDINATION OF RELEVANT ACTIONS UNDERTAKEN IN THE MEMBER STATES AND THE COMMISSION ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE MEMBER STATES SHALL COORDINATE WITH THE COMMISSION A SERIES OF PREPARATORY ACTIVITIES WITH A VIEW TO ANALYZING THE NEEDS , FEASIBILITY , COSTS AND BENEFITS OF A CONCERTED 10-YEAR DEVELOPMENT PROGRAMME FOR THE USE OF TELEMATICS SYSTEMS FOR THE PROCESSING OF DATA ON IMPORTS/EXPORTS AND ON THE MANAGEMENT AND FINANCIAL CONTROL OF AGRICULTURAL MARKET ORGANIZATIONS . THE COMMISSION WILL BE RESPONSIBLE FOR ACCOMPLISHING THIS COORDINATION IN COLLABORATION WITH A USER ADVISORY COMMITTEE COMPOSED OF NOT MORE THAN FOUR REPRESENTATIVES FROM EACH MEMBER STATE , REPRESENTING THE MAIN INTERESTED GOVERNMENT DEPARTMENTS . THIS COMMITTEE SHALL ADVISE AND ASSIST THE COMMISSION AND ITS MEMBERS SHALL ESTABLISH AND MAINTAIN COORDINATION AND LIAISON BETWEEN THE ADMINISTRATIONS PARTICIPATING IN THE CADDIA ( COOPERATION IN DATA AND DOCUMENTATION FOR IMPORTS/EXPORTS AND AGRICULTURE ) .  ARTICLE 2  THE COMMISSION SHALL , IN THE LIGHT OF THE RESULTS OF THE PREPARATORY ACTIVITIES , AND WITHIN 12 MONTHS OF THIS DECISION TAKING EFFECT , MAKE A REPORT TO THE COUNCIL AND THE EUROPEAN PARLIAMENT AND SHALL , AS APPROPRIATE , SUBMIT PROPOSALS FOR THE ADOPTION OF A LONG-TERM DEVELOPMENT PROGRAMME TO BE IMPLEMENTED IN CONCERT WITH THE PARTIES CONCERNED .  ARTICLE 3  THIS DECISION SHALL TAKE EFFECT FROM THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE AT BRUSSELS , 28 JULY 1982 .  FOR THE COUNCIL  THE PRESIDENT  O . MOELLER


               24.3.2017

               EN

               Official Journal of the European Union

               C 93/244

         P7_TA(2014)0070
   Non-objection to an implementing measure: technical requirements and administrative procedures related to civil aviation aircrew
   European Parliament decision to raise no objections to the draft Commission regulation amending Commission Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew (D029683/02 — 2014/2500(RPS))
   (2017/C 093/41)

      The European Parliament,

               —

               having regard to the draft Commission regulation (D029683/02,

               —

               having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1), and in particular Article 7(5) and (6) thereof,

               —

               having regard to the opinion delivered on 18 October 2013 by the committee referred to in Article 65 of the above regulation,

               —

               having regard to the Commission’s letter of 16 January 2014 asking Parliament to declare that it will raise no objections to the draft regulation,

               —

               having regard to the letter from the Committee on Transport and Tourism to the Chair of the Conference of Committee Chairs of 21 January 2014,

               —

               having regard to Article 5a of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2),

               —

               having regard to Rules 88(4)(d) and 87a(6) of its Rules of Procedure,

               —

               having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 87a(6) of its Rules of Procedure, which expired on 4 February 2014,

               1.

               Declares that it has no objections to the draft Commission regulation;

               2.

               Instructs its President to forward this decision to the Commission and, for information, to the Council.

      (1)  OJ L 79, 19.3.2008, p. 1.

      (2)  OJ L 184, 17.7.1999, p. 23.


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2000/305/EC: Council Decision of 30 March 2000 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Switzerland concerning the extension of the common communication network/common system interface (CCN/CSI) within the framework of the Convention on a common transit procedure

Official Journal L 102 , 27/04/2000 P. 0050 - 0051

Council Decisionof 30 March 2000on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Switzerland concerning the extension of the common communication network/common system interface (CCN/CSI) within the framework of the Convention on a common transit procedure(2000/305/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 together with the first sentence of Article 300(2) and the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission,Whereas:(1) The implementation of the computerised transit system provided for by Decision No 1/1999 of the EC/EFTA Joint Committee on common transit(1) requires the setting up of an international computer network to make possible the exchange of information between the competent authorities of the contracting Parties to the Convention of 20 May 1987 on a common transit procedure(2), hereinafter referred to as "the Convention".(2) The European Community has already developed a common communication network/common system interface (CCN/CSI) which fulfils the necessary requirements.(3) Decision No 2/1999 of the EC/EFTA Joint Committee on common transit provides that the CCN/CSI is to be used by all contracting Parties to the Convention(3) and that the financial participation of the partner countries and other related issues will be determined by mutual Agreement between the Community and each of the partner countries.(4) On 22 October 1999 the Council authorised the Commission of the European Communities to negotiate with each of the non-Community countries which are contracting Parties to the Convention an Agreement in the form of an Exchange of Letters on the extension of the CCN/CSI to each of them.(5) The Commission has negotiated the extension of the CCN/CSI to Switzerland.(6) The Agreement in the form of an Exchange of Letters concerning this extension should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters between the European Community and Switzerland concerning the extension of the common communication network/common system interface (CCN/CSI) within the framework of the Convention on a common transit procedure is hereby approved on behalf of the Community.The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) authorised to sign the Agreement in the form of an Exchange of Letters so as to render it binding on the Community.Article 3This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 30 March 2000.For the CouncilThe PresidentJ. Sócrates(1) OJ L 65, 12.3.1999, p. 50.(2) OJ L 226, 13.8.1987, p. 2.(3) OJ L 119, 7.5.1999, p. 53.


title: Council Decision (EU) 2015/1388 of 7 August 2015 on the position to be adopted, on behalf of the European Union, with regard to the draft Rules of Procedure at the Conference of States Parties to the Arms Trade Treaty

text:
               13.8.2015

               EN

               Official Journal of the European Union

               L 214/26

         COUNCIL DECISION (EU) 2015/1388
   of 7 August 2015
   on the position to be adopted, on behalf of the European Union, with regard to the draft Rules of Procedure at the Conference of States Parties to the Arms Trade Treaty
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and Article 207(3), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Arms Trade Treaty (the ‘ATT’) entered into force on 24 December 2014 and has been ratified by 26 Member States. The Union is not a Party to the ATT.

               (2)

               Pursuant to Article 17 of the ATT, a Conference of States Parties is to be convened by the provisional Secretariat, established under Article 18 thereof, no later than a year following the entry into force of the ATT. The Conference of States Parties is to adopt its Rules of Procedure by consensus at its first session which will take place on 24-27 August 2015.

               (3)

               Some of the provisions of the ATT concern matters that fall under the exclusive competence of the Union because they are within the scope of the common commercial policy or affect internal market rules for the transfer of conventional arms and explosives.

               (4)

               The Conference of States Parties is to, amongst other matters, review the implementation of the ATT, consider and adopt recommendations regarding its implementation and operation, consider issues arising from its interpretation, and may consider amendments to it. Its Rules of Procedure will govern how the Conference of States Parties works and takes decisions, including in relation to matters that fall under the exclusive competence of the Union. Therefore, its Rules of Procedure are to be considered as an act having legal effects within the meaning of Article 218(9) of the Treaty.

               (5)

               Accordingly, the position of the Union with respect to the adoption of the Rules of Procedure of the Conference of States Parties to the ATT should be established by the Council, and thereafter expressed by the Member States acting jointly in the interests of the Union.

               (6)

               In the margins of the first session of the Conference of States Parties, Member States should cooperate and coordinate closely, with each other and with the Commission, in the application of this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The position to be adopted on the Union's behalf on the Rules of Procedure of the Conference of States Parties to the ATT at the Conference's first session to be held on 24-27 August 2015 shall be in accordance with this Decision, including its Annex, and be expressed by the Member States acting jointly in the interests of the Union.
   2.   With respect to those matters falling under the exclusive competence of the Union, Member States which are States Parties to the ATT are hereby authorised to adopt the Rules of Procedure, acting jointly in the interests of the Union.
   3.   Member States shall cooperate and coordinate closely, with each other and with the Commission, in the application of this Decision.
   In particular, where proposals are made on the spot on matters which are not yet the subject of a Union position, and which fall within the exclusive competence of the Union, the position of the Union shall be established on the proposal concerned through coordination as described in the first subparagraph, including on the spot, before a decision on that proposal is taken by the Conference of States Parties.
   Article 2
   This Decision is addressed to the Member States.

      Done at Brussels, 7 August 2015.

            For the Council

            The President

         J. ASSELBORN

      ANNEX
      With regard to the Rules of Procedure for the Conference of States Parties to the Arms Trade Treaty (the ‘ATT’) to be adopted at the Conference's first session on 24-27 August 2015 in Mexico, Member States which are States Parties to the ATT, acting jointly in the interest of the Union, shall use their best endeavours to ensure the Union's interests are appropriately preserved and secured in the adoption of the Rules of Procedure at the first Conference of States Parties to the ATT. In particular, Member States shall use their best endeavours to ensure that the Rules of Procedure allow the Union's interests to be appropriately preserved and secured in decisions of Conferences of States Parties.


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31995D0013

95/13/EC: Commission Decision of 17 January 1995 amending Decision 90/55/EEC setting up a Consumers' Consultative Council

Official Journal L 021 , 28/01/1995 P. 0017 - 0017

COMMISSION DECISION of 17 January 1995 amending  Decision 90/55/EEC setting up a Consumers' Consultative Council (95/13/EC)THE  COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the Act of Accession of Austria, Finland and Sweden, and in particular Article 169  thereof, Having regard to Commission Decision 90/55/EEC of 17 December 1989 setting up a Consumers'  Consultative Council  (1), as amended by Decision 94/146/EC  (2), and in particular Article 3 and  Annex III thereof, Whereas the abovementioned Decision should be amended to take into account the accession of three  new Member States to the European Community, HAS DECIDED AS FOLLOWS: Sole Article Decision 90/55/EEC is hereby amended as follows: 1.  Article 3 is replaced by the following: 'Article 3 The Council shall be composed of 48 members. The seats shall be attributed as follows: (a)  to representatives of European consumer organizations, a total of 20 using the method of  distribution and selection described in Annexes I and II; (b)  to representatives of national and regional organizations and institutions, a total of 22  using the method of distribution and selection described in Annex III; (c)  to individuals specially qualified in consumer affairs, a total of six selected by the  Commission on the basis of their ability in terms of defending consumer interests, whether at a  general level or in specific areas or from specific aspects.` 2.  In Annex III, paragraph (a) is replaced by the following: '(a)  Seats attributed to members of national organizations and institutions shall be broken down  by nationality as follows: >TABLE> ` Done at Brussels, 17 January 1995. For the Commission Christiane SCRIVENER Member of the Commission


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95/132/EC: Council Decision of 10 April 1995 providing macro-financial assistance for Belarus

Official Journal L 089 , 21/04/1995 P. 0028 - 0029

COUNCIL DECISION of 10 April 1995 providing macro-financial assistance for Belarus  (95/132/EC)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 235  thereof, Having regard to the proposal from the Commission  (1) submitted after consulting the Monetary  Committee, Having regard to the Opinion of the European Parliament  (2), Whereas Belarus is undertaking fundamental political and economic reforms and is making substantial  efforts to implement a market economy model; Whereas Belarus, the European Communities and their Member States have negotiated a Partnership and  Cooperation Agreement which will help the development of a full cooperation relationship; Whereas Belarus agreed with the International Monetary Fund (IMF) in 1993 on a first set of  stabilization and policy reform measures to be supported by a purchase under the IMF's Systematic  Transformation Facility (STF); whereas the IMF Board approved the release of the first STF  instalment in 1993; whereas the Belarussian authorities adopted in Autumn 1994 an ambitious  stabilization and structural reform programme; whereas the IMF Board approved in January 1995 the  release of the second STF instalment and whereas Belarus and the IMF have reached an understanding  on the support of this programme by a Stand-by Arrangement; Whereas the authorities of Belarus have requested financial assistance from the international  financial institutions, the Community and other bilateral donors; whereas, over and above debt  restructuring arrangements and the estimated financing which could be provided by the IMF and the  World Bank, a residual financing gap of some US  $ 250 million during the programme period remains  to be covered; Whereas the Belarussian authorities have committed themselves to fully and timely service their  external financial obligations towards the Community; Whereas a Community long-term loan to Belarus is an appropriate measure to help easing the  countries' external financial constraints and support the policy objectives attached to the  government's reform effort; Whereas the Community loan should be managed by the Commission; 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 1.  The Community shall make available to Belarus a long-term loan  facility of a maximum principal amount of ECU 75 million with a maximum maturity of ten years, with  a view to ensuring a sustainable balance-of-payments situation and strengthening the country's  reserve position. 2.  To this end, the Commission is empowered to borrow, on behalf of the Community, the necessary  resources that will be placed at the disposal of Belarus in the form of a loan. 3.  This loan will be managed by the Commission in close consultation with the Monetary Committee  and in a manner consistent with any agreement reached between the IMF and Belarus. Article 2 1.  The Commission is empowered to negotiate with the Belarus authorities, after  consultation with the Monetary Committee, the economic policy conditions attached to the loan.  These conditions shall be consistent with the agreements referred to in Article 1 (3). 2.  The Commission shall verify at regular intervals, in collaboration with the Monetary Committee  and in close coordination with the IMF, that the economic policy in Belarus is in accordance with  the objectives of this loan and that its conditions are being fulfilled. Article 3 1.  The loan shall be made available to Belarus in two instalments. Subject to the  provisions of Article 2 (1), the first instalment shall be released after the approval of the  Stand-by Arrangement by the Board of the IMF. 2.  Subject to the provisions of Article 2 (2), the second instalment shall be released on the  basis of a satisfactory track record in the implementation of the Stand-by Arrangement and not  before two quarters after the release of the first instalment. 3.  The funds shall be paid to the Central Bank of Belarus. Article 4 1.  The borrowing and lending operations referred to in Article 1 shall be carried out  using the same value date and shall not involve the Community in the transformation of maturities,  in any exchange or interest rate risk, or in any other commercial risk. 2.  The Commission shall take the necessary steps, if Belarus so requests, to ensure that an early  repayment clause is included in the loan terms and conditions and that it may be exercised. 3.  At the request of Belarus, and where circumstances permit a reduction in the interest rate on  the loans, the Commission may refinance all or part of its initial borrowings or restructure the  corresponding financial conditions. Refinancing or restructuring operations shall be carried out in  accordance with the conditions set out in paragraph 1 and shall not have the effect of extending  the average maturity of the borrowing concerned or increasing the amount, expressed at the current  exchange rate, of capital outstanding at the date of the refinancing or restructuring. 4.  All related costs incurred by the Community in concluding and carrying out the operation under  this Decision shall be borne by Belarus. 5.  The Monetary Committee shall be kept informed of developments in the operations referred to in  paragraphs 2 and 3 at least once a year. Article 5 At least once a year the Commission shall address to the European Parliament and to the  Council a report, which will include an evaluation, on the implementation of this Decision. Done at Luxembourg, 10 April 1995. For the Council The President A. JUPPÉ