title: Political and Security Committee Decision (CFSP) 2016/1193 of 12 July 2016 extending the mandate of the Head of Mission of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) (EUPOL COPPS/1/2016)

text:
               22.7.2016

               EN

               Official Journal of the European Union

               L 197/1

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2016/1193
   of 12 July 2016
   extending the mandate of the Head of Mission of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) (EUPOL COPPS/1/2016)
   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 Council Decision 2013/354/CFSP of 3 July 2013 on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) (1), and in particular Article 9(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               Pursuant to Article 9(1) of Decision 2013/354/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with the third paragraph of Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS), including the decision to appoint a Head of Mission.

               (2)

               On 17 February 2015, the PSC adopted Decision (CFSP) 2015/381 (2), appointing Mr Rodolphe MAUGET as Head of Mission of EUPOL COPPS from 16 February 2015 to 30 June 2015.

               (3)

               On 7 July 2015, the PSC adopted Decision (CFSP) 2015/1129 (3), extending the mandate of Mr Rodolphe MAUGET as Head of Mission of EUPOL COPPS from 1 July 2015 to 30 June 2016.

               (4)

               On 7 July 2016, the Council adopted Decision (CFSP) 2016/1108 (4), extending the mandate of EUPOL COPPS from 1 July 2016 to 30 June 2017.

               (5)

               The High Representative of the Union for Foreign Affairs and Security Policy has proposed the extension of the mandate of Mr Rodolphe MAUGET as Head of Mission of EUPOL COPPS from 1 July 2016 to 30 June 2017,

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Mr Rodolphe MAUGET as Head of Mission of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) is hereby extended until 30 June 2017.
   Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 July 2016.

      Done at Brussels, 12 July 2016.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 185, 4.7.2013, p. 12.

      (2)  Political and Security Committee Decision (CFSP) 2015/381 of 17 February 2015 on the appointment of the Head of Mission of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) (EUPOL COPPS/1/2015) (OJ L 64, 7.3.2015, p. 37).

      (3)  Political and Security Committee Decision (CFSP) 2015/1129 of 7 July 2015 extending the mandate of the Head of Mission of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) (EUPOL COPPS/2/2015) (OJ L 184, 11.7.2015, p. 17).

      (4)  Council Decision (CFSP) 2016/1108 of 7 July 2016 amending Decision 2013/354/CFSP on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) (OJ L 183, 8.7.2016, p. 65).


title: 2011/653/: Decision of the European Parliament and of the Council of 27 September 2011 on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/008 AT/AT & S from Austria)

text:
               7.10.2011

               EN

               Official Journal of the European Union

               L 263/10

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 27 September 2011
   on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/008 AT/AT & S from Austria)
   (2011/653/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               Austria submitted an application on 11 March 2010 to mobilise the EGF in respect of redundancies in the enterprise AT & S and supplemented it by additional information up to 22 February 2011. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 1 221 128.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Austria,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2011, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 1 221 128 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 27 September 2011.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


Important legal notice

|

31961D1009

EAEC Council: Decision on the establishment of the "société d'energie nucléaire franco-belge des Ardennes" Joint Undertaking

Official Journal 065 , 09/10/1961 P. 1173 - 1189 Danish special edition: Series I Chapter 1959-1962 P. 0068  English special edition: Series I Chapter 1959-1962 P. 0072  Spanish special edition: Chapter 12 Volume 1 P. 0051  Portuguese special edition Chapter 12 Volume 1 P. 0051

		Decisionon the establishment of the "Société d'énérgie nucléaire franco-belge des Ardennes"Joint UndertakingTHE COUNCIL OF THE EUROPEAN ATOMIC ENERGY COMMUNITY,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the provisions of Article 1 of Chapter V of Title II and Article 49 thereof;Having regard to the Opinion of the Commission;Having regard to the proposal from the Commission;Having regard to the report from the Commission;Whereas the objects of the Société d'énergie nucléaire franco-belge des Ardennes (Sena), a société anonyme established pursuant to the French Ordonnance No 58-1137 of 28 November 1958 are to construct, equip and operate a nuclear power station with a capacity of the order of 200 MWe at Chooz in the Department of the Ardennes, France;Whereas the company has for this purpose applied for establishment for a period of twenty-five years as a Joint Undertaking.Whereas the Statutes of the company are compatible with the provisions of the Treaty which relate to Joint Undertakings and whereas, Article 49 of Title IV in particular of those Statutes provides that if the company is established as a Joint Undertaking it shall be governed by the provisions of the Treaty, by acts adopted in implementation thereof, and in particular by this Decision;Whereas it is advisable in order to raise the standard of living of the peoples of the Community rapidly to build up a powerful nuclear industry in order to have the necessary resources of energy available in good time;Whereas, notwithstanding the economic risks at present inherent in such an undertaking, it is important that there should be established from now onwards large nuclear power stations incorporating all the progress achieved hitherto;Whereas the project put forward by Sena is therefore, at the present stage of the application of nuclear techniques to the production of energy, of prime importance to the development of the nuclear industry in the Community;HAS DECIDED AS FOLLOWS:Article 1The Société d'énergie nucléaire franco-belge des Ardennes (Sena) is hereby established as a Joint Undertaking within the meaning of the Treaty for a period of twenty-five years from the date of entry into force of this Decision.The objects of Sena are to construct, equip and operate a nuclear power station with a capacity of the order of 200 MWe at Chooz in the Department of the Ardennes, France.Article 2The Statutes of Sena annexed to this Decision are hereby approved.Article 3If the advantages conferred on Sena by special Decision of the Council, pursuant to Annex III to the Treaty, are completely withdrawn before the expiry of the period referred to in Article 1, the Council shall at the same time withdraw the status of Joint Undertaking from Sena by a Decision which shall be published.Article 4This Decision shall be published in the Official Journal of the European Communities. It shall enter into force on the date of its publication.Done at Brussels, 9 September 1961.For the CouncilThe PresidentS. Balke--------------------------------------------------ANNEXSTATUTES OF THE "SOCIÉTÉ D'ÉNERGIE NUCLÉAIRE FRANCO-BELGE DES ARDENNES"TITLE IObjects — Name — Seat — DurationArticle 1A société anonyme is hereby formed by and between the owners of the shares created below, and of the shares which may be created in the future.This company is established pursuant to Ordonnance No 58-1137 of 28 November 1958 and shall be governed by that Ordonnance, by these Statutes and by the laws relating to sociétés anonymes in so far as the provisions of such laws do not conflict with the provisions of the Ordonnance of 28 November 1958.Article 2ObjectsThe objects of the company are, within the framework of the Euratom programme, to construct in the territory of Metropolitan France the Chooz (Ardennes) Nuclear Power Station and to equip and operate that power station; and generally, to perform all commercial, industrial, real estate and financial operations relating directly or indirectly to those objects, and in particular to train specialists to operate nuclear power stations.Article 3Activities of the companyThe proportion of energy produced by the Chooz Power Station which corresponds to the holding of the shareholders in the capital of the company, whether natural or legal persons, who are nationals of foreign countries signatories of the Euratom Treaty shall be made available to such persons or to groups thereof.The operation of the Chooz Power Station installations shall be undertaken by Electricité de France, service national.Transmission of energy to other countries shall be via the grid under concession to Electricité de France, service national, up to the frontiers at which delivery is effected.Article 4NameThe name of the company is Société d'énergie nucléaire franco-belge des Ardennes.Article 5SeatThe seat of the company shall be at 68, rue du Faubourg-Saint-Honoré, Paris (8e). It may be transferred to any other place in the same city by resolution of the Board of Directors, or to any other place in France by resolution of an extraordinary general meeting of the shareholders.Article 6DurationThe company is formed for a period commencing on the date on which it is definitively established and ending on 31 December 2058, unless previously dissolved or extended as provided for in these Statutes.TITLE IICapital — SharesArticle 7CapitalThe capital of the company is 1000000 New Francs, divided into 10000 shares of 100 New Francs, of which 5000 shall be Class A shares and 5000 Class B shares.The capital may be increased or reduced subject to the following conditions:- Ownership of Class A shares shall be restricted, in accordance with Ordonnance No 58-1137 of 28 November 1958, to Electricité de France, service national. Ownership of Class B shares shall be restricted to nationals, whether natural or legal persons, of foreign countries signatories of the Euratom Treaty.Article 8Increase or reduction of capitalThe capital of the company may be increased from time to time by the creation of new shares representing contributions in kind or in cash, or by capitalisation of profits, provisions or reserves and allotment of such new shares to the shareholders credited as fully paid up or increase of the nominal value of the existing shares, all of which operations shall be by resolution of an extraordinary general meeting passed in accordance with Article 40. The same meeting shall fix the terms of issue of the new shares or of the increase in nominal value of the existing shares, or shall delegate its powers for this purpose to the Board of Directors.Increases of capital may be effected by creation of either ordinary shares or preference shares which confer certain advantages over other shares or prior rights either to the profits or to the assets of the company or to both.Whenever the capital is increased by the issue of shares for cash, an equal number of Class A and Class B shares shall be issued, so that the number of Class A shares is always the same as that of Class B shares.Electricité de France shall, pursuant to Ordonnance No 58-1137 of 28 November 1958, subscribe all the new Class A shares issued so as to maintain its 50 % shareholding in the capital of the company.Shareholders, whether natural or legal persons, who are nationals of foreign countries signatories of the Euratom Treaty shall have a preferential right to subscribe in proportion to the nominal amount of their shares for new Class B shares that are to be issued, which right shall be exercised in such manner and within such time as the Board of Directors shall determine.This right shall be freely transferable and negotiable subject to Article 11, those shareholders whose shareholdings are such that they are unable to acquire a new share or an exact number of shares shall be entitled to combine to exercise their rights but in no case shall a joint subscription result therefrom.Where the capital is increased to represent contributions in kind to the company by shareholders, whether natural or legal persons, who are nationals of foreign countries signatories of the Euratom Treaty, and new B shares to the amount thereof are created, this increase shall be matched by a second increase of capital, either by the creation of A shares for contribution in cash by Electricité de France or by creation of A shares for allotment to that institution in consideration of contributions in kind, or by a combination of these two methods of increasing the capital. This second increase of capital, being effected for the purpose of maintaining the proportion of the capital held by Electricité de France must, irrespective of the method employed, be equal to the increase of capital which it offsets.Conversely, where the capital is increased to represent contributions made in kind to the company by Electricité de France and new A shares to the amount thereof are created, the increase shall be matched by a second increase of the same amount. This increase shall consist of B shares reserved exclusively for shareholders who are nationals of foreign countries signatories of the Euratom Treaty and it shall represent contributions made by them in cash or in kind. The general meeting may also, by resolution passed as provided above, reduce the capital of the company, for any reason whatsoever. This reduction may in particular be effected by repayment to the shareholders, purchase and cancellation of the shares of the company, or exchange of existing shares for new shares, equal or less in number, which may or may not have the same nominal value, provided the number of Class A shares is always equal to the number of Class B shares.Resolutions of an extraordinary general meeting concerning any increase or reduction of capital referred to in this Article shall not, in any case or for any reason whatsoever, derogate from the principle enunciated in the first paragraph of Article 7.Further, the various provisions contained in this Article shall not affect the preferential right of subscription of shareholders as provided for in Article 1 of the Décret-loi of 8 August 1935.Article 9Calls on sharesThe amount of the shares subscribed shall be payable, either at the seat of the company or at any other place appointed for the purpose, as follows:- not less than one-fourth at the time of subscription;- the balance within a period of not more than five years, in one or more instalments, according to the requirements of the company, at such times and, in such proportions as shall be determined by the Board of Directors.Notice of calls shall in each case be served on shareholders by registered letter, with advice of delivery, one month before the time fixed for such payment.Subscriptions for shares upon which the payment due at the time of subscription has not been made may be deemed void if no action has been taken within eight days after service of notice by registered letter.Any share certificate not duly marked to show that payments due in respect thereof have been paid shall cease to be negotiable and no dividend shall be paid thereon.Shareholders, intermediate transferees and subscribers shall be jointly and severally liable for the amount of the share. However, any subscriber or shareholder who has transferred his certificate shall, two years after the transfer, cease to be liable for calls not yet made.If the sum called in respect of a share is not paid at the times aforesaid, interest shall fall due at the rate of 7 % per annum for each day of delay in payment without the need for action at law.If the amounts due on shares are not paid within the period specified at the time of the call, the company may, in the case of Class B shares, eight days after serving notice upon the defaulting shareholder by registered letter requiring him to pay the sums due from him by way of principal and interest, notify him that the company will cause the sale of the shares upon which the calls have not been paid.If the company has notified its intention to sell shares which have not been paid up, the numbers of such shares shall, if no action has been taken within eight days following the notification, be published in the form of a notice appearing in a publication which carries legal notices in the place at which the company has its seat. Fifteen days after such publication, which shall prevent the transfer of such shares, the Board of Directors, which shall have all the necessary powers therefor, shall be entitled, without serving any other notice or observing any other formality, to cause the shares in respect of which the owners have not fulfilled their obligations to be sold as shares on which the calls made have been paid. Such shares may be sold in one block or singly, in several lots, for the account and at the risk of the persons in arrears, by auction through the agency of a notary at a price fixed by the company and reducible without limit. Only holders of Class B shares shall be permitted to bid if the shares can be sold at a price which ensures that the company will receive the whole of the sums due from the defaulting shareholder. If no bid reaches that figure, bidding shall be open to persons who are not members of the company, provided they are nationals of foreign countries signatories of the Euratom Treaty. Certificates of Class B shares thus sold shall automatically become void and new certificates bearing the same share numbers shall be issued to the purchasers. The net proceeds of sale shall be received by the company in full and shall be applied in accordance with the law in payment of what is owed to the company by way of principal and interest by the defaulting shareholder, who shall be liable for any deficiency or entitled to any surplus.The company may also take personal action against the shareholder and his sureties either before, after or during the sale.Such action for payment shall lie only in the case of Class A shares.Where shares which have not been fully paid up by their owners within the appointed time are sold at the request of the company, the principle laid down in Ordonnance No 58-1137 of 28 November 1958 and reproduced in Article 7 of these Statutes shall not be infringed.Article 10Form of sharesShares shall be and shall continue to be registered even after they have been fully paid up.The first payment made in respect of shares issued for cash shall be recorded in a receipt bearing the name of the payer, which shall, within two months after definitive establishment of the company or completion of an increase of capital, be exchanged for a provisional certificate, which shall be made out in the name of the payer.All subsequent payments, save the final one, shall be recorded on that provisional certificate.The first payment made in exchange for the definitive certificate.Provisional and definitive share certificates shall be extracts from registers containing counterfoils and shall bear serial numbers, the seal of the company and the signatures of two Directors or of one Director and a person appointed by the Board of Directors, one of the two signatures, if that of a Director, being if so desired either printed at the same time as the certificate or affixed by means of a stamp.Article 11Transfer of sharesClass A shares owned by Electricité de France, service national, and rights attached thereto, in particular rights of subscription and allotment, shall be non-transferable.Class B shares of the company and rights of subscription or allotment attached to such shares may be transferred only to natural or legal persons who are nationals of foreign countries signatories of the Euratom Treaty, irrespective of the manner in which the transfer is effected and whether or not for valuable consideration. The same shall apply to transfer of such shares inter vivos or on death.If the transferee is or the transferees are already shareholders of the company, there shall be no restriction on transfer.If, on the other hand, the transferee is not yet a shareholder of the company, the transferor shall by registered letter inform the company of the transfer proposal, stating the surname, first names, occupation, nationality and fixed address of the transferee if a natural person, or the nationality, name and company seat if a legal person, and the total number and serial numbers of the shares to be transferred.Within twenty days after receipt of such letter, the Board of Directors shall by majority vote accept or reject the proposed transferee; no reason shall be given for its decision, nor may any claim be made in respect of a rejection. The transferor shall be notified of the decision within five days by registered letter.If the proposed transferee is not approved and the transferor does not, within ten days of being notified thereof, withdraw the transfer proposal, the Board of Directors shall inform all other holders of Class B shares by registered letter that they have the right, within twenty days from the date of dispatch of the letters, to purchase the shares which it is proposed to transfer and to do so, save as otherwise agreed between them, in proportion to the number of shares owned by each of them; the price shall, save where agreement has been reached by the persons concerned, be determined by two experts, one of whom shall be appointed by the transferor and the other by the Board of Directors, it being understood that these experts shall, if necessary, appoint a third expert, whose decision shall be final, provided that if one of the parties refuses to appoint an expert or if the experts appointed do not reach agreement upon the appointment of a third expert, such appointment or appointments shall, at the request of the first party to make application, be made by the President of the Commercial Court in the place in which the seat of the company is situate.If no shareholder is prepared to purchase such shares, the Board of Directors may designate as purchaser a person who is not a member of the company, provided that he is a national of a foreign country signatory of the Euratom Treaty, who shall purchase the shares at a price which shall be fixed in manner described above.If the Board of Directors has not designated a purchaser within twenty days after the expiry of the first specified period, the transfer or transmission for which approval was sought shall be given effect in the registers of the company.In the various cases referred to above, transfer into the name of the transferee or transferees may be effected by the Board of Directors on its own initiative, without the signature of any transferor being necessary.Article 12Indivisibility of sharesShares are indivisible as regards the company.Joint holders shall be represented in relation to the company by only one of their number.The legal owner or owners shall be validly represented in relation to the company by the holder of a beneficial life interest.Article 13Rights attached to sharesEach share shall carry the right to a share in the assets of the company proportional to the share of capital of the company which it represents.It shall further carry the right to a share in the profits, as stipulated in Article 44.The rights and obligations attached to a share shall pass to the acquirer thereof, whoever he may be. Ownership of a share shall automatically imply acceptance of the Statutes of the company and of the resolutions passed by the general meeting.The heirs or creditors of a shareholder may not, on any pretext whatsoever, demand that seals be affixed to the property and documents of the company, nor shall they interfere in any way in its administration; in order to exercise their rights, they shall refer to the schedules of assets and liabilities of the company and to the resolutions of the general meeting.Article 14Liability of shareholdersShareholders shall be liable only up to the amount of the shares which they own and any calls in excess of that amount shall be prohibited.TITLE IIIAdministration of the CompanyArticle 15Composition of the Board of DirectorsThe company shall be administered by a Board composed of an even number of Directors which shall not be less than four nor more than twelve, half of whom shall represent Electricité de France and the other half the Class B shareholders.The Directors representing Electricité de France shall be appointed by that establishment.The Directors representing the Class B shares shall be elected by the general meeting of shareholders; Electricité de France shall not take part in such election.A company which acts as a Director shall be represented by its manager or one of its managers its président-directeur général or his deputy, or by an agent specially appointed for the purpose.Article 16Qualification sharesEach Director representing Class B shareholders shall hold at least one share throughout his term of office.That share shall be applied entirely as security for acts of administration, including any which may be exclusively personal acts of a Director. It shall be inalienable and it shall be stamped to the effect that it is inalienable and deposited in the custody of the company.The qualification shares of the Directors appointed by Electricité de France, service national, shall be deposited by that establishment.Article 17Terms of office of Directors — Retirement and replacementThe term of office of a Director shall be.six years (a year here meaning the period between two consecutive annual ordinary general meetings), save where the following provisions apply:- The first Board of Directors shall remain in office until the ordinary general meeting which considers the accounts for the fifth financial year of the company and which will replace the whole Board.- Thereafter a number of the Directors shall retire and be replaced at the annual meeting, that number being in proportion to the number of Directors for the time being in office. Such retirement and replacement shall take place once every period of a year or two years, these periods alternating, if necessary, in such a way that the replacement process is as regular as possible and in any case complete after every period of six years, but also that the requirements of Article 15 are at all times complied with.- When this provision is brought into operation, the order of retirement shall be determined by lot at a meeting of the Board; once the order of rotation has been established, the Directors shall retire and be replaced in the order of their seniority of office, and the term of office of each Director shall be six years.- Retiring Directors shall be eligible for re-election.Article 18Temporary appointmentsWhere the Board comprises less than twelve members, it may make up the number if it considers this desirable in the interests of the company, but it must at all times comply with the requirements of Article 15.In such a case, the temporary appointments made by the Board shall be submitted for confirmation to the next following general meeting, which shall fix the terms of office of the new Directors.If a vacancy occurs in the intervening period between two general meetings, the Board may temporarily fill such vacancy but it must at all times comply with the requirements of Article 15.The next following general meeting shall elect a permanent successor. A Director appointed to replace another shall hold office only for the remainder of the term for which his predecessor was elected.If such temporary appointments are not confirmed by the general meeting, resolutions passed and acts done by the Board continue nevertheless to be valid.Article 19OfficersThe Board shall appoint from among its members a Chairman and a Vice-Chairman, who may be elected for their full terms of office as Directors, subject to resignation or dismissal.The Chairman shall be of French nationality and shall be elected from the Directors appointed by Electricité de France.The Vice-Chairman shall be elected from the Directors representing the foreign shareholders.Whenever the Chairman and Vice-Chairman are absent from a meeting, the Board shall appoint one of the members present to take the chair.The Board shall also appoint a Secretary, who need not be a shareholder.Article 20Proceedings of the BoardThe Board of Directors shall meet when convened by the Chairman, or upon requisition by one-third of its members, as often as the interests of the company so require; such meetings shall be held either at the seat of the company or at such other premises or place as may be stated in the notice convening the meeting, which shall also contain a summary agenda for the meeting.A Director may, exceptionally, vote by post on matters specified in advance. He may also, even by letter or. telegram, appoint one of his colleagues to act as his proxy at any meeting; a Director may not, however, act as proxy for more than one of his colleagues.Resolutions shall be valid only if not less than half the members in office are present in person or by proxy. Furthermore, there shall, in any event, be at least two Directors present in person.Resolutions shall be passed by a majority of the votes of the members present in person or by proxy. However, resolutions relating to investment of available moneys, authorisation of loans and advances, sureties and guarantees of bills of exchange, borrowings by arranging of credit facilities or otherwise, methods of implementing loans auhorised by the general meeting pursuant to Article 39 of these Statutes, orders in excess of 400000 New Francs, acquisitions, exchanges of immoveable property or of rights therein, and the sale of such property and rights as are no longer required, the formation of any company or firm and the contribution of assets or any company or firm already existing shall be valid only if passed by a majority of two-thirds of the votes of members present in person or by proxy.Each Director shall have one vote, save where he acts as proxy for one of his colleagues, in which case he shall have two votes. In the case of equality of votes, the Chairman of the meeting shall have a casting vote. If, however, by reason of the number of Directors in office, the Board may pass valid resolutions with only two of its members present in person and no other Director has appointed a proxy, resolutions shall be passed by unanimous vote.The entries in the minutes of each meeting and in the extracts thereof showing the names of the Directors present in person or by proxy and to those absent and not so represented, shall constitute adequate proof to third parties of the number and appointment of the Directors in office and of the powers of Directors who have been authorised by absent colleagues to represent them.Article 21Minutes of meetingsProceedings of the Board of Directors shall be recorded in minutes, which shall be kept in a special minute-book and signed by the Chairman of the meeting and the Secretary or by two Directors.Copies or extracts of such minutes for production in a court of law or elsewhere shall be certified by a Director, which Director need not have been present at the relevant meeting.Article 22Powers of the Board of DirectorsThe Board of Directors shall have full power to act on behalf of the company and to perform or authorise any or all acts and transactions relating to the objects of the company, save as reserved to the ordinary general meeting or to any extraordinary general meeting.It shall in particular have the following powers, which are given by way of illustration only and are not exhaustive, and which in order to be validly exercised must comply with the provisions of Article 20 as regards majority voting:- to enter into contracts with Electricité de France, service national, for the operation of installation for producing electricity from nuclear energy;- to represent the company in dealings with third parties and with any or all public and private authorities and agencies, in particular tax, customs, postal and telegraph authorities, and railway, navigation and transport companies;- to appoint and dismiss employees of the company, and to fix their salaries, wages and bonuses, and all other conditions governing their appointment and dismissal, in accordance with the Statut national de personnel des industries électriques et gazières;- to set up, transfer or close down administrative or operational centres, or agencies, depots, offices or branches wherever it may think fit, whether in France or abroad;- to confer on one more persons, subject to the provisions of law, such powers as it may think fit, including the right to delegate in part their authority, concerning the technical and commercial management of the company, and to enter into contracts or arrangements with such persons concerning their terms of office and the scope of their functions. It may also, subject as aforesaid, confer powers for one or more purposes specifically on such persons as it may think fit, and set up such technical or advisory boards or committees as it may consider appropriate;- to determine the emoluments of whatever nature of the various persons and committees appointed by the Board to carry out certain duties or tasks, which emoluments shall be paid for from the general expenses account;- to fix the general administrative expenses and procure supplies of any kind;- to receive moneys due to the company, to pay moneys due from the company, and to settle accounts;- to take decisions concerning the investment of available moneys and the use of reserve funds;- to contract or cancel any policies or contracts of insurance concerning risks of any kind;- to draw, endorse, accept, negotiate and pay bills of exchange;- to enter into and authorise agreements, transactions and ventures, at a fixed price or otherwise, on a cash or forward basis, which come within the objects of the company;- to effect or authorise acquisitions, withdrawals, transfers, disposals and deposits of fixed-interest or other securities or claims and rights in respect of moveable property;- to grant or take, transfer or cancel leases and tenancies, with or without any promise to sell;- to take decisions concerning and to carry out acquisitions or exchanges of immoveable property and rights in such property, and to sell any such immoveable property or such rights as may no longer be required;- to carry out operations of construction, equipment and installation, and any other works;- to open with banks or credit institutions, in particular the Banque de France, or postal cheque offices, any current accounts, secured loan accounts or deposit accounts and to draw cheques and bills for the purpose of operating such accounts;- to authorise loans and advances, and to give sureties and guarantees of bills of exchange;- to contract loans by arranging credit facilities or otherwise, save that loans in the form of bonds or debentures shall require authorisation by the general meeting of shareholders;- to give security comprising moveable or immoveable property, and in particular mortgages and pledges of the property of the company;- to form or participate in the formation of any companies or firms, to contribute assets to any company or firm which has been or is about to be established in so far as this does not involve any amendment of the objects of the company, to subscribe, purchase and transfer shares, debentures, founder shares and any rights whatsoever, and to cause the company to participate in any other enterprises or syndicates;- to undertake actions at law, whether as plaintiff or defendant;- to represent the company in proceedings in respect of insolvency, management of the affairs by the court, or winding up;- to effect or authorise arrangements, transactions, compounding with creditors, submission to judgment or withdrawal from suit, delegation, concession of priority and subrogation, with or without surety, and cancellations of mortgage registrations, attachments, objections and other impediments before or after payment;- to draw up the financial statements, schedules of assets and liabilities and accounts and take decisions concerning the proposals for submission to the general meeting of shareholders to be put to, and the agenda for, that meeting.Article 23General ManagementThe Chairman of the Board of Directors, who shall be a natural person, shall be responsible for the general management of the company. On a proposal from the Chairman, the Board may appoint to assist him either one of its members or an agent not chosen from among its members, who shall have the capacity of General Manager.The Board of Directors shall confer upon its Chairman and, where appropriate, upon the General Manager appointed by the Board to assist him, such powers as are required for the proper conduct of the day-to-day business of the company, which may include power to delegate their authority in part.If the Chairman is prevented from performing his duties of general management, he may delegate some or all of such duties to Directors representing Electricité de France. Such delegation shall in every case be given for a limited period but may be extended. If the Chairman is unable for the time being to effect such delegation, the Board may do so on its own initiative subject to the same conditions.The fixed and proportional remuneration paid to the Chairman for carrying out his duties of general management and where appropriate, to the General Manager appointed to assist him and, if necessary, to the Director to whom duties have been delegated pursuant to the preceding paragraph, shall be determined by the Board of Directors and shall be charged to the general expenses account.The Chairman of the Board may, subject to the conditions laid down by law, form a committee to examine such questions as he may submit to it, the members of which may receive special remuneration therefor.Article 24Signature of documentsAll documents concerning the company which have been resolved upon or authorised by the Board shall be signed either by the Chairman of the Board, the General Manager, if one has been appointed to assist the Chairman, or any agent who has been empowered to sign by either the Chairman, the General Manager or the Board of Directors.Article 25Contracts with DirectorsAuthorisation in accordance with the laws in force shall be required for the making of any contract between the company and one or more of its Directors or with an undertaking of which one of the Directors of the company is the owner, personally liable as a partner, chief executive, director or manager.Article 26Accountability of DirectorsThe Chairman and the other Directors shall be accountable for the performance of their duties in the manner required by the laws in force.Article 27Remuneration of DirectorsApart from the special remuneration provided for in Articles 22 and 23, the Directors may receive by way of attendance fees an allowance the amount of which as determined by the general meeting shall remain unchanged until otherwise resolved by that meeting and shall be apportioned by the Board among its members as it thinks fit.TITLE IVAuditorsArticle 28Appointment and dutiesThe general meeting shall appoint, for such term and in such manner as the laws in force require, one or more Auditors, who may or may not be shareholders, to perform the duties assigned to them by those laws.Auditors shall be eligible for re-election.They shall have the right to convene a general meeting in cases of urgency.If the general meeting has appointed two or more Auditors, one of them may act alone in the event of death, resignation, refusal to act or unavailability of the other Auditor or Auditors, provided he fulfils all the relevant conditions laid down by the laws in force.The Auditors shall receive a remuneration the amount of which as determined by the general meeting shall remain unchanged until otherwise resolved by that meeting.TITLE VGeneral meetingsSECTION IProvisions applicable to both ordinary and extraordinary general meetingsArticle 29Convening of general meetingsThe shareholders shall each year be convened by the Board of Directors to a general meeting which shall be held not later than six months after the end of the financial year at a place, date and hour of meeting stated in the notice.An extraordinary general meeting may be convened either by the Board of Directors or, in urgent cases, by the Auditors. The Board shall, in cases other than those provided for in Article 41, convene a general meeting within one month upon requisition by shareholders representing not less than one-quarter of the capital.Subject to the provisions of Article 41 concerning an extraordinary general meeting at the first session of which a quorum is not present, general meetings shall be convened at not less than fifteen days' prior notice either by publication in the form of a notice appearing in a publication which carries legal notices in the place at which the company has its seat or by registered letter addressed to each of the shareholders. This period may be reduced to eight days in cases where an ordinary meeting is convened extraordinarily or a second notice is given.The notice shall state briefly the object of the meeting.Article 30Conditions of admissionPersons who have held shares for not less than five days before the date of a meeting may, without any preliminary formalities, attend that meeting or appoint a proxy to represent them thereat.No person may represent a shareholder at a meeting unless he is himself a member of the meeting or the lawful representative of a member thereof. The legal owner shall be validly represented by the holder of a beneficial life interest.A company or firm may validly be represented by its manager or one of its managers, its président-directeur général or his deputy, or any agent specially appointed for the purpose who need not personally be a shareholder of this company.The power of attorney shall be determined by the Board of Directors.Article 31CompositionThe general meeting (ordinary or extraordinary) shall comprise all the shareholders, irrespective of the number of shares they hold, provided the amounts due thereon have been paid in full.Article 32Voting powerAt all general meetings (ordinary or extraordinary), the voting right attached to the shares shall be subject only to the restriction specified in Article 27 of the Law of 24 July 1867 and shall be proportionate to the share of capital that they represent respectively, each share carrying not less than one vote.Article 33Officers of the MeetingThe Chairman of the Board of Directors shall preside at the meeting or, in his absence, the Vice-Chairman of that Board, and in the absence of the Vice-Chairman also, a Director designated for that purpose by the Board.The duties of scrutineer shall be performed by the two shareholders present and willing who represent, whether in person or by proxy, the greatest number of shares.The officers shall appoint the Secretary, who need not be a shareholder.A list of persons present shall be prepared, stating the names and fixed addresses of the shareholders present in person or by proxy and the number of shares owned by each of them. It shall be duly signed by the shareholders present and by the agents of shareholders who have appointed proxies, certified by the officers and lodged at the seat of the company, where it may be consulted by any person so requesting.Article 34AgendaThe agenda shall be drawn up by the Board of Directors if the meeting is convened by the Board, and by the Auditors if the meeting is called by the Auditors.It shall contain only proposals from the Board or the Auditors and proposals which come within the competence of the general meeting and have been forwarded to the Board at least six days before the date of the notice convening the meeting and bear the signatures of members of the meeting representing not less than one-quarter of the capital.No items other than those on the agenda shall be considered.Article 35MinutesProceedings of the general meeting shall be recorded in minutes, which shall be kept in a special minute-book and signed by all or at least a majority of the officers.Copies or extracts of such minutes for production in a court of law or elsewhere shall be certified by a Director.After dissolution and during the winding up of the Company, such copies or extracts shall be signed by the liquidator or one of the liquidators.Article 36Effect of resolutionsA general meeting duly constituted shall represent the entire body of shareholders. It may be an ordinary or an extraordinary general meeting provided it fulfils the necessary conditions.Resolutions passed by a general meeting in accordance with the law and these Statutes shall be binding upon all shareholders, including absent or dissenting shareholders.SECTION IIOrdinary general meetingsArticle 37QuorumAn ordinary general meeting (whether annual or convened extraordinarily) shall be validly held only if the number of shareholders comprising it represents not less than one-quarter of the capital. This quorum shall be calculated by reference to the total shares forming the capital, less those in respect of which, pursuant to any law or regulation, there is no right of vote.If the quorum of one-quarter is not attained, the general meeting shall be convened afresh in the manner provided in Article 29.The proceedings at the second general meeting shall be valid irrespective of the number of shares represented, but resolutions passed thereat shall relate only to items on the agenda for the first meeting.Article 38MajorityResolutions of an ordinary general meeting shall be passed by a majority of the votes of members present in person or by proxy, the number of votes to which each member is entitled being calculated as specified in Article 32.Abstentions shall not be counted in the vote.Article 39PowersThe ordinary general meeting (whether annual or convened extraordinarily) shall hear the report of the Board of Directors on the business of the company and also the reports of the Auditor or Auditors.It shall:- discuss and approve or rectify the accounts, and fix the dividend to be distributed;- appoint the Directors and Auditors;- fix, where appropriate, the allowance which may be received by the Board of Directors by way of attendance fees and the allowances to be paid to the Auditors;- take decisions on any other proposals on the agenda which are not within the competence of an extraordinary general meeting; and- confer on the Board of Directors the necessary authority to deal with cases in respect of which the powers conferred upon the Board may be inadequate, and in particular authorise the contracting of loans by the issue of bonds or debentures, whether secured by mortgage or not.The resolution approving the balance sheet and accounts shall not be passed until after the reports of the Auditor or Auditors have been heard. Otherwise it shall be invalid.SECTION IIIExtraordinary general meetingsArticle 40MajorityResolutions of an extraordinary general meeting shall be passed by a majority of two-thirds of the members present in person or by proxy, the number of votes to which each member is entitled being calculated as specified in Article 32, the conditions as to quorum being contained in Article 41.Article 41Powers — Quorum — Notice of meetingsSubject to approval in manner required under Ordonnance No 58-1137 of 28 November 1958, second paragraph of Article 1, an extraordinary general meeting may, but only on the initiative and proposal of the Board of Directors, effect any amendments whatsoever to the Statutes, provided such amendments are permitted by company law.It may, in particular, do all or any of the following things, the list being in no way exhaustive:- resolve to increase the capital or authorise an increase thereof, in accordance with the conditions contained in Article 8;- resolve to reduce the capital;- resolve that the capital be divided into shares of a nominal value different from that of the existing shares, and that the shares be consolidated, involving, if appropriate, the obligation to transfer or purchase existing shares so that one or other of these transactions may be effected;- resolve to change the name and to transfer the seat of the company to any place outside Paris;- resolve upon any alteration of the form in which and the conditions upon which shares may be transferred;- resolve that the period for which the company is being formed be extended or reduced;- resolve that the company be subject to any new law which has not been declared retrospective;- resolve that the company be dissolved before the period for which it is formed has expired, or that it be amalgamated with one or more companies already existing or to be established pursuant to Ordonnance No 58-1137 of 28 November 1958;- resolve that the objects of the company be altered, in particular as regards their extension or restriction, and decide on the distribution of the profits and assets of the company.An extraordinary general meeting shall also be required to verify the capital subscribed in kind and any special rights granted.In all cases mentioned above, and when required to pass resolutions concerning alterations relating to the objects of the company, an extraordinary general meeting shall be duly constituted, and may be duly held, only if not less than one-half of the capital is represented. However, for purposes of verification of the contribution in kind and of the special rights that are submitted to the meeting for approval, the capital that must be represented shall not include shares owned by the persons who made such contributions in kind or stipulated for such rights.If the first notice of meeting fails to produce a quorum of one-half of the capital, the meeting shall be reconvened in the manner prescribed by these Statutes by two notices, one in the Bulletin des annonces légales obligatoires and the other in a publication which carries legal notices issued in the Department in which the company has its seat. The second notice of meeting shall state the agenda, the date and the result of the preceding meeting. This second meeting may not take place earlier than ten days after publication of whichever of the second notices is published last. The proceedings shall be valid if the meeting comprises shareholders representing not less than one-third of the capital.If less than one-third of the capital is represented at this second meeting, a third such meeting may be convened by notice published in the Bulletin des annonces légales obligatoires and in a publication which carries legal notices issued in the Department in which the company has its seat, and by two notices inserted at an interval of one week in a daily newspaper published or circulating in the Department in which the company has its seat or, in lieu of these two notices, by registered letters addressed to all shareholders. The notices and the registered letters shall state the agenda, the dates and the results of the preceding meetings. The third meeting may not take place earlier than ten days after publication of whichever of the notices is published last or after dispatch of the registered letters. The proceedings shall be valid if the meeting comprises shareholders representing not less than one-quarter of the capital.Failing such quorum, this third meeting may be postponed to a date not more than two months later than that for which it was convened. The postponed meeting shall be convened and held in the manner prescribed above and the proccedings shall be valid only if the meeting comprises shareholders representing not less than one-quarter of the capital.In all the meetings provided for in this Article, the quorum shall be calculated in the manner specified in Article 37.The texts of the proposed resolutions shall be available to shareholders at the company seat not less than fifteen days before the date for which the first meeting has been convened.TITLE VISchedule of assets and liabilities — Distribution of ProfitsArticle 42Financial yearThe financial year shall run from 1 January to 31 December. By way of exception, the first financial year shall run from the date of establishment of the company to 31 December 1960.Article 43Schedule of assets and liabilitiesA schedule of the assets and liabilities of the company shall be drawn up each year, in accordance with the laws in force. In the schedule, the values of the assets shall be shown net of the depreciation determined by the Board of Directors.The Board shall further draw up a profit and loss account and a balance sheet and shall present to the shareholders a report on the activities of the company during the preceding financial year.The schedule of assets and liabilities, the balance sheet and the profit and loss account shall be made available to the Auditors not later than the fortieth day before the date of the general meeting, at which they shall be duly presented.Any shareholder may exercise the right of perusal in the manner specified in Article 35 of the Law of 24 July 1867.Article 44Distribution of profitsThe revenue of the company as shown in the annual schedule of assets and liabilities, less general expenses, social security charges, depreciation of the assets of the company and all provisions for contingencies, shall constitute the net profit.From this net profit there shall be deducted:1. 5 % to make up the reserve fund prescribed by law. This deduction shall cease to be compulsory when the reserve fund has reached an amount equal to one-tenth of the capital. It shall be reintroduced if, for any reason whatsoever, the reserve has fallen below onetenth.2. The sum required to pay to the shareholders, by way of interim dividend, 5 % of the sums which have been paid up as calls on their shares, provided such shares have not been paid off. If the profit for any year does not permit such payment, the shareholders shall not be entitled to claim payment thereof out of the profits for. subsequent years.From the balance, the ordinary genéral meeting may, by resolution on a proposal from the Board of Directors, determine as it thinks fit the amounts to be deducted (up to the full amount of that balance) whether for carrying forward to the next financial year, for additional depreciation of the assets or for payment into a provident fund or to one or more general or special reserve funds. These funds may, in accordance with a resolution of the ordinary general meeting passed on a proposal from the Board of Directors, be applied to make up an interim dividend of 5 % to the shareholders, if the profits for one or more financial years have proved insufficient therefor, or to the purchase and cancellation of shares of the company, or to paying such shares off in full or, by means of an equal payment on each share, to paying them off in part. To replace the shares which have been fully paid off there shall be issued certificates carrying the right to payment of dividends together with all the rights attached to the other shares, save entitlement to the interim dividend of 5 % and to repayment of capital.Any further balance shall be apportioned as to 10 % to the Board of Directors by way of management's share of profits, and 90 % to the shareholders.For the purpose of determining the share of profit of the Board of Directors, account shall be taken of the sums which have been distributed or capitalised by deduction from the results for preceding financial years previously placed to reserve or again carried forward, subject always to the application of the laws in force.TITLE VIIDissolution — Winding UpArticle 45Loss of three-quarters of the capitalIf the capital of the company falls by three-quarters of the original amount, the Board of Directors shall call an extraordinary general meeting of shareholders to decide whether the company should continue in existence or be dissolved. In order to pass valid resolutions, the general meeting shall fulfil the conditions laid down in Articles 31, 32, 40 and 41.In all such cases, the resolution of the general meeting shall be made public.Article 46Winding up of the companyOn expiration of the period for which the company was formed, or in the case of prior dissolution for any reason whatsoever, the general meeting shall, on a proposal from the Board of Directors, determine the method of winding up and appoint one or more liquidators, whose powers it shall likewise determine.On appointment of the liquidators, the powers of the Directors and Auditors shall lapse.During winding up, the general meeting duly constituted shall retain the same powers as those held during the life of the company; it shall in particular adopt the winding up accounts, discharge the liquidators and resolve upon all the affairs of the company. It shall be presided over by one of the liquidators, and if the liquidators are absent or unavailable, it shall itself elect a chairman.The task of the liquidators shall be to realise, including by amicable arrangement, all the assets, and to discharge the liabilities of the company. For this purpose they shall, solely by virtue of their capacity, have full powers, save for such restrictions as the general meeting may place thereon, including power to enter into an agreement, composition or an arrangement with creditors, to give security including security by way of mortgage, to make withdrawals from suit and cancellations, with or without payment. And further, pursuant to a resolution of an extraordinary general meeting, they may assign to another company or firm all or part of the property, rights and obligations held by the company being dissolved, or agree to the transfer of such property, rights and obligations to any other company, firm or person.After clearance of the debts of the company and the charges on its property, the net proceeds of winding up shall be applied in the first place in repayment of the capital in full if repayment has not yet been effected. The balance shall be distributed among all the shares.TITLE VIIIDisputesArticle 47JurisdictionAll disputes arising during the life of the company or in the course of its winding up, whether between shareholders and the company or between the shareholders themselves, concerning the affairs of the company shall be judged in accordance with the law and shall submit to the authority of the courts within whose jurisdiction the seat of the company is situate.To this end, every shareholder shall, in the event of a dispute, give an address within the jurisdiction in which the company seat is situate, and any summons or notice is valid if served at that address.Where an address for service is not given, summonses and notices are valid if served at the office of M. le Procureur de la République près le Tribunal de grande instance within whose jurisdiction the seat of the company is situate.TITLE IXTransitional provisionsArticle 48This company will be definitively established only when:1. All the shares have been subscribed and paid up as to not less than one-quarter, which shall be attested by declaration made before a notary public by the founder of the company, to which shall be annexed one of the originals of the Statutes and a statement of the capital subscribed and the amounts paid containing the statements required by law.2. A general meeting has recognised that the statement of the capital subscribed and amounts paid up is correct and has appointed the first Directors and the Auditor or Auditors and recorded their acceptance of office.3. The necessary permission has been obtained from the foreign exchange authorities for transfer of the foreign capital required for the formation of the capital of the company.Article 49If this company is established as a Joint Undertaking within the meaning of the Treaty establishing the European Atomic Energy Community, it shall be subject, for the whole of the period of its activity as such, to the provisions of the Treaty, to acts adopted in implementation thereof and in particular to the Euratom Council Decision establishing it as a Joint Undertaking.In particular:- Amendments to these Statutes shall not enter into force until they have been approved by the Euratom Council, pursuant to Article 50 of the Treaty;- in accordance with Article 171 (3) of the Treaty, the company's profit and loss accounts and balance sheets relating to each financial year shall, within one month after their approval by the general meeting of the company, be sent by the Board of Directors to the Commission of Euratom, which shall place them before the Council and the European Parliament. The estimates of revenue and expenditure shall be submitted in accordance with the same procedure one month at the latest before the beginning of the financial year.Subject as provided in this Article, the company shall continue to be governed by French law, and in particular by Ordonnance No 58-1137 of 28 November 1958 and by French laws relating to sociétés anonymes.Article 50For the purposes of publishing these Statutes and all documents and minutes relating to the establishment of the company, and of completing all legal formalities, full powers are conferred upon the bearer of copies or extracts of these documents.Done at Paris, 27 April 1960.--------------------------------------------------


title: 2009/676/EC: Decision of the European Parliament of 23 April 2009 on the closure of the accounts of the European Food Safety Authority for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/189

      DECISION OF THE EUROPEAN PARLIAMENT

   of 23 April 2009
   on the closure of the accounts of the European Food Safety Authority for the financial year 2007
   (2009/676/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Food Safety Authority for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Food Safety Authority for the financial year 2007, together with the Authority’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (4), and in particular Article 44 thereof,

               —

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

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0172/2009),

               1.

               Notes that the final annual accounts of the European Food Safety Authority are as annexed to the Court of Auditors’ report;

               2.

               Approves the closure of the accounts of the European Food Safety Authority for the financial year 2007;

               3.

               Instructs its President to forward this Decision to the Executive Director of the European Food Safety Authority, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 278, 31.10.2008, p. 35.

      (2)  OJ C 311, 5.12.2008, p. 100.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 31, 1.2.2002, p. 1.

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


title: Decision of the European Systemic Risk Board of 20 January 2011 on the procedures and requirements for the selection, appointment and replacement of the members of the Advisory Scientific Committee of the European Systemic Risk Board (ESRB/2011/2)

text:
               8.2.2011

               EN

               Official Journal of the European Union

               C 39/10

         DECISION OF THE EUROPEAN SYSTEMIC RISK BOARD
   of 20 January 2011
   on the procedures and requirements for the selection, appointment and replacement of the members of the Advisory Scientific Committee of the European Systemic Risk Board
   (ESRB/2011/2)
   2011/C 39/09
   THE GENERAL BOARD OF THE EUROPEAN SYSTEMIC RISK BOARD,
   Having regard to Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (1), and in particular Article 12 thereof,
   Having regard to Decision ESRB/2011/1 of the European Systemic Risk Board of 20 January 2011 adopting the Rules of Procedure of the European Systemic Risk Board, and in particular Article 11 thereof,
   HAS ADOPTED THIS DECISION:
   Article 1
   Call for expressions of interest
   1.   The European Systemic Risk Board (ESRB) shall publish a call for expressions of interest for external experts to be appointed as members of the Advisory Scientific Committee (ASC) of the ESRB.
   2.   The call for expressions of interest shall, inter alia, describe: (a) the role and the composition of the ASC; (b) the eligibility and selection criteria and the modalities of appointment; (c) the economic aspects of the mandate; (d) the application procedure, including the deadline for receipt of applications.
   3.   The call for expressions of interest shall be published in the Official Journal of the European Union and on the websites of the ESRB and of the institutions from which the ESRB General Board draws its members. Where appropriate, the ESRB may make public the call for expressions of interest via other media. In case of discrepancies between the different versions published, the version published in the Official Journal shall be authentic and shall take precedence over other versions.
   4.   The deadline for submission of candidates’ applications shall be 21 calendar days after the publication of the call for expressions of interest in the Official Journal.
   Article 2
   Selection of the members of the ASC
   1.   The Steering Committee shall select the candidates to be proposed to the General Board as members of the ASC and those suitable for inclusion in a reserve list.
   2.   The Steering Committee shall evaluate the candidates according to the selection criteria set out in Article 3.
   3.   The Steering Committee shall complete an individual assessment form for each candidate, including a summary highlighting their specific merits and shortcomings and a conclusion regarding their suitability to be appointed as a member of the ASC or to be included in the reserve list provided for in Article 4.
   4.   The Steering Committee shall present the results of the selection process to the General Board for approval.
   5.   The Head of the ESRB Secretariat shall support the Steering Committee in preparing and organising the work for the selection of the members of the ASC. The ESRB Secretariat shall provide technical and logistical support to the Steering Committee. Where deemed appropriate by the Steering Committee, the ESRB Secretariat may be assisted by selected staff of the institutions from which the ESRB General Board draws its members.
   Article 3
   Selection criteria
   1.   In accordance with Article 12(1) of Regulation (EU) No 1092/2010, ASC members shall be chosen on the basis of their general competence and their diverse experience in academic fields or other sectors, in particular in small and medium-sized enterprises or trade-unions, or as providers or consumers of financial services.
   The selection criteria for the ASC shall include in particular:

               (a)

               in-depth expertise in the financial sector and its relationship with the wider economy and a general proven competence on systemic risk issues, in particular at the Union level;

               (b)

               a scientific contribution to the understanding of the interplay between the sectors mentioned in Article 12 of Regulation (EU) No 1092/2010;

               (c)

               a Ph.D. in finance, economics or another relevant field, or equivalent qualifications, solid academic experience in a university, such as a professorship, in one or more fields of relevance to the ESRB and/or a strong publication record;

               (d)

               ability to peer review scientific work and publications and to analyse complex information and dossiers;

               (e)

               professional experience in a multidisciplinary environment, preferably in an international context;

               (f)

               proven written and oral communication skills in English, based on teaching experience, public presentations, active participation in meetings of experts and publications.

         The ESRB may provide for additional selection criteria in the calls for expressions of interest.
   2.   Employees of the institutions from which the ESRB General Board draws its members (2) are not eligible to apply.
   Article 4
   Reserve list
   1.   The reserve list shall include candidates who are not appointed as members of the ASC, although they were not discarded in the selection process.
   2.   In the event of a vacancy in the ASC, the Steering Committee shall, subject to paragraph 3, select a new candidate from the reserve list drawn up under Article 2(1) and propose them to the General Board as a member of the ASC for a four-year, renewable mandate.
   3.   The reserve list shall be valid for a period of two years from its approval. Its validity may be extended until a new call for expressions of interest is published.
   Article 5
   Chair and Vice-Chairs of the ASC
   1.   The Steering Committee shall ensure that at least six out of the 15 candidates could potentially and respectively be appointed as Chair and Vice-Chairs of the ASC.
   2.   The Chair and the two Vice-Chairs of the ASC shall each have a high level of relevant expertise and knowledge, for example by virtue of their academic background in the sectors of banking, securities markets, or insurance and occupational pensions.
   3.   The Chair of the ESRB shall propose candidates to the General Board for the Chair and the two Vice-Chairs of the ASC.
   4.   The Chair and the two Vice-Chairs of the ASC shall be citizens of the European Union.
   5.   The chairmanship of the ASC shall rotate between the appointed Chair and the two Vice-Chairs every 16 months.
   Article 6
   Appointment
   1.   The General Board may approve the proposals of the Steering Committee or request the Steering Committee to propose other candidates as members of the ASC from among those not discarded by the Steering Committee.
   2.   The Chair and the two Vice-Chairs of the ASC shall be appointed by the General Board following a proposal from the Chair of the ESRB.
   3.   The experts selected shall be appointed in a personal capacity. They shall therefore not delegate their responsibilities to another member or a third party, except for the Chair and the two Vice-Chairs of the ASC in the cases and under the conditions set out in the Rules of Procedure of the ESRB.
   4.   All appointments shall be subject to the countersigning by the expert of the letter of appointment from the Chair of the ESRB, the signature of the contract with the European Central Bank on the indemnities and the reimbursement of expenses, and the provision of the declarations described in Article 7.
   Article 7
   Declarations
   1.   The experts selected for appointment as members of the ASC shall provide a declaration of commitment to act independently of any external influence and to be guided in the performance of their duties by the public interest of the Union as a whole. For this purpose, they shall make a written declaration of commitment and a declaration of interests using Templates 1 and 2 of the Annex. The declaration of interests shall indicate any direct or indirect interests which may be considered prejudicial to their independence or the absence of any such interests.
   2.   Members of the ASC shall sign a written declaration that they comply with the rules of confidentiality using Template 3 of the Annex.
   3.   The Chair and the two Vice-Chairs shall sign a written declaration confirming that they do not have any function in the financial industry.
   4.   Members of the ASC shall commit to abide by the Code of Conduct that the General Board of the ESRB shall adopt.
   5.   The above declarations shall be made public on the ESRB website. Any changes relating to these declarations shall be immediately notified to the Head of the ESRB Secretariat.
   Article 8
   Termination and replacement
   1.   The General Board may terminate the mandate of an expert in the following circumstances:

               (a)

               where the expert resigns or their mandate expires without being renewed;

               (b)

               where the expert does not attend three consecutive regular meetings of the ASC, unless they prove that health reasons make attendance impossible;

               (c)

               in case of conflict of interest, breach of duty or serious misconduct.

         2.   If the mandate of a member of the ASC is terminated prior to the end of their four-year term, Article 4(2) and (3) shall apply.
   3.   The Chair or the Vice Chairs may be replaced by a serving member of the ASC, who shall themselves be replaced under the procedure described in paragraph 2.
   4.   Upon proposal of the Steering Committee, the General Board may decide to renew the mandate of a member of the ASC at its expiry for a further four years.
   Article 9
   Publication
   This Decision shall be published in the Official Journal of the European Union.

      Done at Frankfurt am Main, 20 January 2011.

            The Chair of the ESRB

         Jean-Claude TRICHET

      (1)  OJ L 331, 15.12.2010, p. 1.

      (2)  The European Central Bank, the national central banks of the Member States of the European Union, the Commission, the European Supervisory Authority (European Banking Authority), the European Supervisory Authority (European Insurance and Occupational Pensions Authority), the European Supervisory Authority (European Securities and Markets Authority), the competent national supervisory authorities, the Economic and Financial Committee.

      ANNEX
      TEMPLATE 1:   COMMITMENT OF INDEPENDENCE
      Name:
      I hereby undertake to act independently of any external influence and to act solely in the interest of the Union.
      In particular, I know that I am obliged to make an annual written declaration of interests and to declare at each meeting of the Advisory Scientific Committee (ASC) any interest that might be considered prejudicial to my independence in relation to the items on the agenda or to my contribution to the work of the ASC in general.
      I shall immediately report to the ASC any attempt from third parties to influence me directly or indirectly in view of my mandate.
      Done at  on
      Signature:
      TEMPLATE 2:   DECLARATION OF MEMBER’S INTERESTS
      Name:
      Information on direct or indirect interests of potential relevance to the work of the Advisory Scientific Committee (ASC) and to the mission of the European Systemic Risk Board (ESRB):

                  1.

                  Direct interests (financial benefits arising from, for example, employment, contracted work, investments, fees etc.):

                  2.

                  Indirect interests (indirect financial, e.g. grants, sponsorships, or other benefits):

                  3.

                  Interests deriving from the professional activities of the member or their close family members:

                  4.

                  Any membership role or affiliation that the member has in organisations or bodies or clubs with an interest in the work of the ASC or the mission of the ESRB:

                  5.

                  Other interests or facts that the member considers pertinent:

            Declaration:
      I declare on my word of honour that the information provided above is true and complete.
      I will immediately communicate any change concerning the abovementioned information to the ASC and to the ESRB Secretariat.
      Done at  on
      Signature:
      TEMPLATE 3:   DECLARATION CONCERNING CONFIDENTIALITY
      Name:
      I hereby declare that I am aware of my obligation to respect confidentiality.
      I am obliged not to divulge information acquired as a result of my membership of the Advisory Scientific Committee (ASC) and my work for the European Systemic Risk Board, unless authorised otherwise.
      I shall also respect the confidential nature of the opinions expressed by other members of the ASC or observers or other participants during discussions in meetings or provided in written form.
      Done at  on
      Signature:


title: 2014/519/EU: Council Decision of 30 July 2014 appointing a German member of the European Economic and Social Committee

text:
               6.8.2014

               EN

               Official Journal of the European Union

               L 233/28

         COUNCIL DECISION
   of 30 July 2014
   appointing a German member of the European Economic and Social Committee

      (2014/519/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the GermanGovernment,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

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

               (2)

               A member's seaton the European Economic and Social Committee has become vacant following the end of the term of office of Ms Michaela ROSENBERGER,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Peter SCHMIDT, Geschäftsführer der Gewerkschaft Nahrung-Genuss-Gaststätten, Region Allgäu, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 30 July 2014.

            For the Council

            The President

         S. GOZI

      (1)  OJ L 251, 25.9.2010, p. 8.


title: Council Decision (EU) 2017/674 of 3 April 2017 establishing the position to be adopted on behalf of the European Union within the eighth meeting of the Conference of the Parties to the Rotterdam Convention as regards the amendments of Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade

text:
               8.4.2017

               EN

               Official Journal of the European Union

               L 97/29

         COUNCIL DECISION (EU) 2017/674
   of 3 April 2017
   establishing the position to be adopted on behalf of the European Union within the eighth meeting of the Conference of the Parties to the Rotterdam Convention as regards the amendments of Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 192(1) and 207(3), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Union approved the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (the ‘Rotterdam Convention’) by Council Decision 2006/730/EC (1). The Rotterdam Convention entered into force on 24 February 2004.

               (2)

               Regulation (EU) No 649/2012 of the European Parliament and of the Council (2) implements the Rotterdam Convention in the Union.

               (3)

               In order to ensure that importing countries benefit from the protection offered by the Rotterdam Convention, it is necessary to support the recommendation from the Chemical Review Committee, a subsidiary body of the Rotterdam Convention, as regards the inclusion in Annex III to the Rotterdam Convention of carbofuran, carbosulfan, chrysotile asbestos, short-chain chlorinated paraffins, all tributyltin compounds, trichlorfon, fenthion (ultra low volume (ULV) formulations at or above 640 g active ingredient/L) and liquid formulations (emulsifiable concentrate and soluble concentrate) containing paraquat dichloride at or above 276 g/L, corresponding to paraquat ion at or above 200 g/L. Those substances are already banned or severely restricted in the Union and are therefore subject to export requirements that go beyond what is required under the Rotterdam Convention.

               (4)

               The eighth meeting of the Conference of the Parties to the Rotterdam Convention is expected to decide on the proposed amendments to Annex III to the Rotterdam Convention. The Union should support those amendments,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the European Union at the eighth meeting of the Conference of the Parties to the Rotterdam Convention is that the Union shall support the adoption of the amendments to Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (3) as regards the inclusion of carbofuran, carbosulfan, chrysotile asbestos, short-chain chlorinated paraffins, all tributyltin compounds, trichlorfon, fenthion (ultra low volume (ULV) formulations at or above 640 g active ingredient/L) and liquid formulations (emulsifiable concentrate and soluble concentrate) containing paraquat dichloride at or above 276 g/L, corresponding to paraquat ion at or above 200 g/L.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 3 April 2017.

            For the Council

            The President

         R. GALDES

      (1)  Council Decision 2006/730/EC of 25 September 2006 on the conclusion, on behalf of the European Community, of the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (OJ L 299, 28.10.2006, p. 23).

      (2)  Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (OJ L 201, 27.7.2012, p. 60).

      (3)  OJ L 63, 6.3.2003, p. 29.


Avis juridique important

|

32004D0016

2004/16/EC: Council Decision of 22 December 2003 on downgrading Annex 5 to the Common Consular Instructions and the corresponding Annex 14b to the Common Manual and on declassifying Annexes 9 and 10 to the Common Consular Instructions and the corresponding Annexes 6b and 6c to the Common Manual

Official Journal L 005 , 09/01/2004 P. 0078 - 0078

Council Decisionof 22 December 2003on downgrading Annex 5 to the Common Consular Instructions and the corresponding Annex 14b to the Common Manual and on declassifying Annexes 9 and 10 to the Common Consular Instructions and the corresponding Annexes 6b and 6c to the Common Manual(2004/16/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 207 thereof,Whereas:(1) Pursuant to its Decisions of 14 December 1993 (SCH/Com-ex (93)22 rev) and of 23 June 1998 (SCH/Com-ex (98)17), the Executive Committee established by the Convention implementing the Schengen Agreement of 14 June 1985, classified as "Confidential" Annexes 5, 9 and 10 to the Common Consular Instructions and all Annexes of the Common Manual(1), a new version of which was adopted by the Decision of the said Executive Committee on 28 April 1999 (SCH/Com-ex (99)13).(2) The Common Consular Instructions and the Common Manual and the Decisions of the Executive Committee on their classification form part of the Schengen acquis as defined by the Council in its Decision 1999/435/EC(2).(3) Part I and several Annexes to the Common Manual have been declassified in accordance with Council Decision 2000/751/EC(3) and Part II to the Common Manual has been declassified in accordance with Council Decision 2002/353/EC(4).(4) Annex 5 to the Common Consular Instructions and the corresponding Annex 14b to the Common Manual should be downgraded and Annexes 9 and 10 to the Common Consular Instructions and the corresponding Annexes 6b and 6c to the Common Manual should be declassified.(5) It is appropriate to repeal the Executive Committee decisions (SCH/Com-ex (93)22 rev) and (SCH/Com-ex (98)17), and to take future decisions on classification of documents constituting part of the Schengen acquis in accordance with the rules on the classification of documents set out in Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations(5),HAS DECIDED AS FOLLOWS:Article 1Annex 5 to the Common Consular Instructions and the corresponding Annex 14b to the Common Manual shall be downgraded to "RESTREINT EU" and Annexes 9 and 10 to the Common Consular Instructions, as well as the corresponding Annexes 6b and 6c to the Common Manual, shall be declassified.Article 2Annexes 9 and 10 to the Common Consular Instructions and the corresponding Annexes 6b and 6c to the Common Manual shall be published in the Official Journal of the European Union.Article 3The decisions of the Schengen Executive Committee of 14 December 1993 (SCH/Com-ex (93)22 rev) and of 23 June 1998 (SCH/Com-ex (98)17) are repealed.Article 4This Decision shall take effect on the day of its publication in the Official Journal of the European Union.Done at Brussels, 22 December 2003.For the CouncilThe PresidentA. Matteoli(1) OJ C 313, 16.12.2002, p. 97. The Common Manual as amended by Council Regulation (EC) No 693/2003 (OJ L 99, 17.4.2003, p. 8).(2) OJ L 176, 10.7.1999, p. 1.(3) OJ L 303, 2.12.2000, p. 29.(4) OJ L 123, 9.5.2002, p. 49.(5) OJ L 101, 11.4.2001, p. 1.


Avis juridique important

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32000D0294

2000/294/EC: Council Decision of 14 February 2000 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Russian Federation extending the double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from the Russian Federation to the European Community for the period from 1 January 2000 to 31 December 2001

Official Journal L 096 , 18/04/2000 P. 0044 - 0044

Council Decisionof 14 February 2000on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Russian Federation extending the double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from the Russian Federation to the European Community for the period from 1 January 2000 to 31 December 2001(2000/294/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first sentence thereof,Having regard to the proposal from the Commission,Whereas:(1) The Agreement on Partnership and Cooperation establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part(1), entered into force on 1 December 1997.(2) Commission Decision 97/742/ECSC(2) concluded an Agreement between the the European Coal and Steel Community, of the one part, and the Russian Federation, of the other part, concerning certain steel products which entered into force on 5 November 1997.(3) The Commission has finalised negotiations for an Agreement in the form of an Exchange of Letters between the European Community and the Russian Federation extending a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from the Russian Federation to the European Community.(4) The Agreement in the form of an Exchange of Letters should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters between the European Community and the Russian Federation extending the double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from the Russian Federation to the European Community for the period from 1 January 2000 to 31 December 2001 is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.Done at Brussels, 14 February 2000.For the CouncilThe PresidentJ. Gama(1) OJ L 327, 28.11.1997, p. 3.(2) OJ L 300, 4.11.1997, p. 51.


title: Council Decision 2013/71/CFSP of 31 January 2013 concerning the temporary reception by Member States of the European Union of certain Palestinians

text:
               1.2.2013

               EN

               Official Journal of the European Union

               L 32/19

         COUNCIL DECISION 2013/71/CFSP
   of 31 January 2013
   concerning the temporary reception by Member States of the European Union of certain Palestinians
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 and Article 31(1) thereof,
   Whereas:

               (1)

               On 16 December 2011, the Council adopted Decision 2011/845/CFSP concerning the temporary reception by Member States of the European Union of certain Palestinians (1), which provided for an extension of the validity of their national permits for entry into, and stay in, the territory of the Member States referred to in Common Position 2002/400/CFSP of 21 May 2002 concerning the temporary reception by Member States of the European Union of certain Palestinians (2) for a further period of 12 months.

               (2)

               On the basis of an evaluation of the application of Common Position 2002/400/CFSP, the Council considers it appropriate that the validity of those permits be extended for a further period of 12 months,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Member States referred to in Article 2 of Common Position 2002/400/CFSP shall extend the validity of national permits for entry and stay granted pursuant to Article 3 of that Common Position for a further period of 12 months.
   Article 2
   The Council shall evaluate the application of Common Position 2002/400/CFSP within six months of the adoption of this Decision.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 31 January 2013.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 335, 17.12.2011, p. 78.

      (2)  OJ L 138, 28.5.2002, p. 33.