title: Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA

text:
               7.4.2009

               EN

               Official Journal of the European Union

               L 93/33

      COUNCIL DECISION 2009/316/JHA
   of 6 April 2009
   on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 31 and 34(2)(c) thereof,
   Having regard to the Council Framework Decision 2009/315/JHA of 26 February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States (1), and in particular Article 11(4) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (2),
   Whereas:

               (1)

               Article 29 of the Treaty on European Union states that the Union's objective is to provide citizens with a high level of safety in the area of freedom, security and justice. This objective presupposes the systematic exchange between the competent authorities of the Member States of information extracted from criminal records in a way that would guarantee its common understanding and the efficiency of such exchange.

               (2)

               Information on convictions handed down against Member States' nationals by other Member States does not circulate efficiently on the current basis of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959. Therefore, there is a need for more efficient and accessible procedures of exchange of such information at European Union level.

               (3)

               The need to improve the exchange of information on convictions was prioritised in the European Council Declaration on Combating Terrorism of 25 and 26 March 2004 and was subsequently reiterated in the Hague Programme (3) and in the Action Plan (4) on its implementation. Furthermore, the computerised interconnection of criminal records at European Union level was recognised as a political priority by the European Council in its Conclusions of 21 and 22 June 2007.

               (4)

               The computerised interconnection of criminal records is part of the E-Justice project, which was acknowledged as a priority by the European Council several times in 2007.

               (5)

               A pilot project is currently being developed with a view to interconnecting criminal records. Its achievements constitute a valuable basis for further work on computerised exchange of information at the European Union level.

               (6)

               This Decision aims to implement Framework Decision 2009/315/JHA in order to build and develop a computerised system of exchange of information on convictions between Member States. Such a system should be capable of communicating information on convictions in a form which is easily understandable. Therefore, a standardised format allowing information to be exchanged in a uniform, electronic and easily computer-translatable way as well as any other means of organising and facilitating electronic exchanges of information on convictions between central authorities of Member States should be set up.

               (7)

               This Decision is based on the principles established by Framework Decision 2009/315/JHA and applies and supplements those principles from a technical standpoint.

               (8)

               The categories of data to be entered into the system, the purposes for which the data is to be entered, the criteria for its entry, the authorities permitted to access the data, and some specific rules on protection of personal data are defined in the Framework Decision 2009/315/JHA.

               (9)

               Neither this Decision nor Framework Decision 2009/315/JHA establishes any obligation to exchange information about non-criminal rulings.

               (10)

               Since the objective of this Decision is not to harmonise national systems of criminal records there is no obligation for a convicting Member State to change its internal system of criminal records as regards the use of information for domestic purposes.

               (11)

               The European Criminal Records System (ECRIS) is a decentralised information technology system. The criminal records data should be stored solely in databases operated by Member States, and there should be no direct online access to criminal records databases of other Member States. Member States should bear the responsibility for the operation of national criminal records databases and for the efficient exchanges of information between themselves. The common communication infrastructure of ECRIS should be initially the Trans European Services for Telematics between Administrations (S-TESTA) network. All expenditure concerning the common communication infrastructure should be covered by the general budget of the European Union.

               (12)

               The reference tables of categories of offences and categories of penalties and measures provided for in this Decision should facilitate the automatic translation and should enable the mutual understanding of the information transmitted by using a system of codes. The content of the tables is the result of the analysis of the needs of all 27 Member States. That analysis took into account the pilot project categorisation and the results of the clustering exercise of various national offences and penalties and measures. Moreover, in case of the table of offences, it also took into consideration the existing harmonised common definitions on the European and international level as well as the Eurojust and Europol data models.

               (13)

               In order to ensure the mutual understanding and transparency of the common categorisation, each Member State should submit the list of national offences and penalties and measures falling in each category referred to in the respective table. Member States may provide a description of offences and penalties and measures and, given the usefulness of such description, they should be encouraged to do so. Such information should be made accessible to Member States.

               (14)

               The reference tables of categories of offences and categories of penalties and measures provided for in this Decision are not designed to set up legal equivalences between offences and penalties and measures existing at national level. They are a tool aimed at helping the recipient to gain better understanding of the fact(s) and type of penalty(ies) or measure(s) contained in the information transmitted. The accuracy of the codes mentioned cannot be fully guaranteed by the Member State supplying the information and it should not preclude the competent authorities in the receiving Member State from interpreting the information.

               (15)

               The reference tables of categories of offences and categories of penalties and measures should be revised and updated in accordance with the procedure for the adoption of implementing measures for decisions provided for in the Treaty on European Union.

               (16)

               Members States and the Commission should inform and consult one another within the Council in accordance with the modalities set out in the Treaty on European Union, with a view to drawing up a non-binding manual for practitioners which should address the procedures governing the exchange of information, in particular modalities of identification of offenders, common understanding of the categories of offences and penalties and measures, and explanation of problematic national offences and penalties and measures, and ensuring the coordination necessary for the development and operation of ECRIS.

               (17)

               In order to accelerate the development of ECRIS, the Commission should adopt a number of technical measures to assist Member States in preparing the technical infrastructure for interconnecting their criminal records databases. The Commission may provide reference implementation software, namely appropriate software enabling Member States to make this interconnection, which they may choose to apply instead of their own interconnection software implementing a common set of protocols enabling the exchange of information between criminal records databases.

               (18)

               Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (5) should apply in the context of computerised exchange of information extracted from criminal records of Member States, providing for an adequate level of data protection when information is exchanged between Member States, whilst allowing for Member States to require higher standards of protection to national data processing.

               (19)

               Since the objective of this Decision, namely the development of a computerised system for the exchange of information on convictions between Member States, cannot be adequately achieved by the Member States unilaterally, and can therefore, by reason of the necessity for coordinated action in the European Union, be better achieved at the level of the European Union, the Council may adopt measures, in accordance with the principle of subsidiarity referred to in Article 2 of the Treaty on European Union and set out in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in the Article 5 of the Treaty establishing the European Community, this Decision does not go beyond what is necessary in order to achieve that objective.

               (20)

               This Decision respects fundamental rights and observes the principles recognised in particular by Article 6 of the Treaty on European Union and reflected by the Charter of Fundamental Rights of the European Union,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   This Decision establishes the European Criminal Records Information System (ECRIS).
   This Decision also establishes the elements of a standardised format for the electronic exchange of information extracted from criminal records between the Member States, in particular as regards information on the offence giving rise to the conviction and information on the content of the conviction, as well as other general and technical implementation means related to organising and facilitating the exchange of information.
   Article 2
   Definitions
   For the purposes of this Decision, the definitions laid down in Framework Decision 2009/315/JHA shall apply.
   Article 3
   European Criminal Records Information System (ECRIS)
   1.   ECRIS is a decentralised information technology system based on the criminal records databases in each Member State. It is composed of the following elements:

               (a)

               an interconnection software built in compliance with a common set of protocols enabling the exchange of information between Member States' criminal records databases;

               (b)

               a common communication infrastructure that provides an encrypted network.

         2.   This Decision is not aimed at establishing any centralised criminal records database. All criminal records data shall be stored solely in databases operated by the Member States.
   3.   Central authorities of the Member States referred to in Article 3 of Framework Decision 2009/315/JHA shall not have direct online access to criminal records databases of other Member States. The best available techniques identified together by Member States with the support of the Commission shall be employed to ensure the confidentiality and integrity of criminal records information transmitted to other Member States.
   4.   The interconnection software and databases storing, sending and receiving information extracted from criminal records shall operate under the responsibility of the Member State concerned.
   5.   The common communication infrastructure shall be the S-TESTA communications network. Any further developments thereof or any alternative secure network shall ensure that the common communication infrastructure in place continues to meet the conditions set out in paragraph 6.
   6.   The common communication infrastructure shall be operated under the responsibility of the Commission, and shall fulfil the security requirements and thoroughly respond to the needs of ECRIS.
   7.   In order to ensure the efficient operation of ECRIS, the Commission shall provide general support and technical assistance, including the collection and drawing up of statistics referred to in Article 6(2)(b)(i) and the reference implementation software.
   8.   Notwithstanding the possibility of using the European Union financial programmes in accordance with the applicable rules, each Member State shall bear its own costs arising from the implementation, administration, use and maintenance of its criminal records database and the interconnection software referred to in paragraph 1.
   The Commission shall bear the costs arising from the implementation, administration, use, maintenance and future developments of the common communication infrastructure of ECRIS, as well as the implementation and future developments of the reference implementation software.
   Article 4
   Format of transmission of information
   1.   When transmitting information in accordance with Article 4(2) and (3) and Article 7 of Framework Decision 2009/315/JHA relating to the name or legal classification of the offence and to the applicable legal provisions, Member States shall refer to the corresponding code for each of the offences referred to in the transmission, as provided for in the table of offences in Annex A. By way of exception, where the offence does not correspond to any specific sub-category, the ‘open category’ code of the relevant or closest category of offences or, in the absence of the latter, an ‘other offences’ code, shall be used for that particular offence.
   Member States may also provide available information relating to the level of completion and the level of participation in the offence and, where applicable, to the existence of total or partial exemption from criminal responsibility or to recidivism.
   2.   When transmitting information in accordance with Article 4(2) and (3) and Article 7 of Framework Decision 2009/315/JHA relating to the contents of the conviction, notably the sentence as well as any supplementary penalties, security measures and subsequent decisions modifying the enforcement of the sentence, Member States shall refer to the corresponding code for each of the penalties and measures referred to in the transmission, as provided for in the table of penalties and measures in Annex B. By way of exception, where the penalty or measure does not correspond to any specific sub-category, the ‘open category’ code of the relevant or closest category of penalties and measures or, in the absence of the latter, an ‘other penalties and measures’ code, shall be used for that particular penalty or measure.
   Member States shall also provide, where applicable, available information relating to the nature and/or conditions of execution of the penalty or measure imposed as provided for in the parameters of Annex B. The parameter ‘non-criminal ruling’ shall be indicated only in cases where information on such a ruling is provided on a voluntary basis by the Member State of nationality of the person concerned, when replying to a request for information on convictions.
   Article 5
   Information on national offences and penalties and measures
   1.   The following information shall be provided by the Member States to the General Secretariat of the Council, with a view in particular to drawing up the non-binding manual for practitioners referred to in Article 6(2)(a):

               (a)

               the list of national offences in each of the categories referred to in the table of offences in Annex A. The list shall include the name or legal classification of the offence and reference to the applicable legal provisions. It may also include a short description of the constitutive elements of the offence;

               (b)

               the list of types of sentences, possible supplementary penalties and security measures and possible subsequent decisions modifying the enforcement of the sentence as defined in national law, in each of the categories referred to in the table of penalties and measures in Annex B. It may also include a short description of the specific penalty or measure.

         2.   The lists and descriptions referred to in paragraph 1 shall be regularly updated by Member States. Updated information shall be sent to the General Secretariat of the Council.
   3.   The General Secretariat of the Council shall communicate to the Member States and to the Commission the information received pursuant to this Article.
   Article 6
   Implementing measures
   1.   The Council, acting by a qualified majority and after consulting the European Parliament, shall adopt any modifications of Annexes A and B as may be necessary.
   2.   The representatives of the relevant departments of the administrations of the Member States and the Commission shall inform and consult one another within the Council with a view to:

               (a)

               drawing up a non-binding manual for practitioners setting out the procedure for the exchange of information through ECRIS, addressing in particular the modalities of identification of offenders, as well as recording the common understanding of the categories of offences and penalties and measures listed respectively in Annexes A and B;

               (b)

               coordinating their action for the development and operation of ECRIS, concerning in particular:

                           (i)

                           the establishment of logging systems and procedures making it possible to monitor the functioning of ECRIS and the establishment of non-personal statistics relating to the exchange through ECRIS of information extracted from criminal records;

                           (ii)

                           the adoption of technical specifications of the exchange, including security requirements, in particular the common set of protocols;

                           (iii)

                           the establishment of procedures verifying the conformity of the national software applications with the technical specifications.

         Article 7
   Report
   The Commission services shall regularly publish a report concerning the exchange, through ECRIS, of information extracted from the criminal record based in particular on the statistics referred to in Article 6(2)(b)(i). This report shall be published for the first time one year after submitting the report referred to in Article 13(3) of Framework Decision 2009/315/JHA.
   Article 8
   Implementation and time limits
   1.   Member States shall take the necessary measures to comply with the provisions of this Decision by 7 April 2012.
   2.   Member States shall use the format specified in Article 4 and comply with the means of organising and facilitating exchanges of information laid down in this Decision from the date notified in accordance with Article 11(6) of Framework Decision 2009/315/JHA.
   Article 9
   Taking of effect
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 6 April 2009.

            For the Council

            The President

         J. POSPÍŠIL

      (1)  See page 23 of this Official Journal.

      (2)  Opinion delivered on 9 October 2008 (not yet published in the Official Journal).

      (3)  OJ C 53, 3.3.2005, p. 1.

      (4)  OJ C 198, 12.8.2005, p. 1.

      (5)  OJ L 350, 30.12.2008, p. 60.

      ANNEX A

         Common table of offences categories referred to in Article 4

                     Parameters

                  Level of completion:

                  Completed act

                  C

                  Attempt or preparation

                  A

                  Non-transmitted element

                  Ø

                  Level of participation:

                  Perpetrator

                  M

                  Aider and abettor or instigator/organiser, conspirator

                  H

                  Non-transmitted element

                  Ø

                  Exemption from criminal responsibility:

                  Insanity or diminished responsibility

                  S

                     Recidivism

                  R

                  Code

                  Categories and sub-categories of offences

                  0100 00
                  open category

                     Crimes within the jurisdiction of the International Criminal Court

                  0101 00

                  Genocide

                  0102 00

                  Crimes against humanity

                  0103 00

                  War crimes

                  0200 00
                  open category

                     Participation in a criminal organisation

                  0201 00

                  Directing a criminal organisation

                  0202 00

                  Knowingly taking part in the criminal activities of a criminal organisation

                  0203 00

                  Knowingly taking part in the non-criminal activities of a criminal organisation

                  0300 00
                  open category

                     Terrorism

                  0301 00

                  Directing a terrorist group

                  0302 00

                  Knowingly participating in the activities of a terrorist group

                  0303 00

                  Financing of terrorism

                  0304 00

                  Public provocation to commit a terrorist offence

                  0305 00

                  Recruitment or training for terrorism

                  0400 00
                  open category

                     Trafficking in human beings

                  0401 00

                  Trafficking in human beings for the purposes of labour or services exploitation

                  0402 00

                  Trafficking in human beings for the purposes of the exploitation of the prostitution of others or other forms of sexual exploitation

                  0403 00

                  Trafficking in human beings for the purposes of organ or human tissue removal

                  0404 00

                  Trafficking in human beings for the purpose of slavery, practices similar to slavery or servitude

                  0405 00

                  Trafficking in human beings for the purposes of labour or services exploitation of a minor

                  0406 00

                  Trafficking in human beings for the purposes of the exploitation of the prostitution of minors or other forms of their sexual exploitation

                  0407 00

                  Trafficking in human beings for the purposes of organ or human tissue removal of a minor

                  0408 00

                  Trafficking in human beings for the purpose of slavery, practices similar to slavery or servitude of a minor

                  0500 00
                  open category

                     Illicit trafficking (1) and other offences related to weapons, firearms, their parts and components, ammunition and explosives

                  0501 00

                  Illicit manufacturing of weapons, firearms, their parts and components, ammunition and explosives

                  0502 00

                  Illicit trafficking of weapons, firearms, their parts and components ammunition and explosives at national level (2)

                  0503 00

                  Illicit exportation or importation of weapons, firearms, their parts and components, ammunition and explosives

                  0504 00

                  Unauthorised possession or use of weapons, firearms, their parts and components, ammunition and explosives

                  0600 00
                  open category

                     Environmental crime

                  0601 00

                  Destroying or damaging protected fauna and flora species

                  0602 00

                  Unlawful discharges of polluting substances or ionising radiation into air, soil or water

                  0603 00

                  Offences related to waste, including hazardous waste

                  0604 00

                  Offences related to illicit trafficking (1) in protected fauna and flora species or parts thereof

                  0605 00

                  Unintentional environmental offences

                  0700 00
                  open category

                     Offences related to drugs or precursors, and other offences against public health

                  0701 00

                  Offences related to illicit trafficking (3) in narcotic drugs, psychotropic substances and precursors not exclusively for own personal consumption

                  0702 00

                  Illicit consumption of drugs and their acquisition, possession, manufacture or production exclusively for own personal consumption

                  0703 00

                  Aiding or inciting others to use narcotic drugs or psychotropic substances illicitly

                  0704 00

                  Manufacture or production of narcotic drugs not exclusively for personal consumption

                  0800 00
                  open category

                     Crimes against the person

                  0801 00

                  Intentional killing

                  0802 00

                  Aggravated cases of intentional killing (4)

                  0803 00

                  Unintentional killing

                  0804 00

                  Intentional killing of a new-born by his/her mother

                  0805 00

                  Illegal abortion

                  0806 00

                  Illegal euthanasia

                  0807 00

                  Offences related to committing suicide

                  0808 00

                  Violence causing death

                  0809 00

                  Causing grievous bodily injury, disfigurement or permanent disability

                  0810 00

                  Unintentionally causing grievous bodily injury, disfigurement or permanent disability

                  0811 00

                  Causing minor bodily injury

                  0812 00

                  Unintentionally causing minor bodily injury

                  0813 00

                  Exposing to danger of loss of life or grievous bodily injury

                  0814 00

                  Torture

                  0815 00

                  Failure to offer aid or assistance

                  0816 00

                  Offences related to organ or tissue removal without authorisation or consent

                  0817 00

                  Offences related to illicit trafficking (3) in human organs and tissue

                  0818 00

                  Domestic violence or threat

                  0900 00
                  open category

                     Offences against personal liberty, dignity and other protected interests, including racism and xenophobia

                  0901 00

                  Kidnapping, kidnapping for ransom, illegal restraint

                  0902 00

                  Unlawful arrest or deprivation of liberty by public authority

                  0903 00

                  Hostage-taking

                  0904 00

                  Unlawful seizure of an aircraft or ship

                  0905 00

                  Insults, slander, defamation, contempt

                  0906 00

                  Threats

                  0907 00

                  Duress, pressure, stalking, harassment or aggression of a psychological or emotional nature

                  0908 00

                  Extortion

                  0909 00

                  Aggravated extortion

                  0910 00

                  Illegal entry into private property

                  0911 00

                  Invasion of privacy other than illegal entry into private property

                  0912 00

                  Offences against protection of personal data

                  0913 00

                  Illegal interception of data or communication

                  0914 00

                  Discrimination on grounds of gender, race, sexual orientation, religion or ethnic origin

                  0915 00

                  Public incitement to racial discrimination

                  0916 00

                  Public incitement to racial hatred

                  0917 00

                  Blackmail

                  1000 00
                  open category

                     Sexual offences

                  1001 00

                  Rape

                  1002 00

                  Aggravated rape (5) other than rape of a minor

                  1003 00

                  Sexual assault

                  1004 00

                  Procuring for prostitution or sexual act

                  1005 00

                  Indecent exposure

                  1006 00

                  Sexual harassment

                  1007 00

                  Soliciting by a prostitute

                  1008 00

                  Sexual exploitation of children

                  1009 00

                  Offences related to child pornography or indecent images of minors

                  1010 00

                  Rape of a minor

                  1011 00

                  Sexual assault of a minor

                  1100 00
                  open category

                     Offences against family law

                  1101 00

                  Illicit sexual relations between close family members

                  1102 00

                  Polygamy

                  1103 00

                  Evading the alimony or maintenance obligation

                  1104 00

                  Neglect or desertion of a minor or a disabled person

                  1105 00

                  Failure to comply with an order to produce a minor or removal of a minor

                  1200 00
                  open category

                     Offences against the State, public order, course of justice or public officials

                  1201 00

                  Espionage

                  1202 00

                  High treason

                  1203 00

                  Offences related to elections and referendum

                  1204 00

                  Attempt against life or health of the Head of State

                  1205 00

                  Insult of the State, Nation or State symbols

                  1206 00

                  Insult or resistance to a representative of public authority

                  1207 00

                  Extortion, duress, pressure towards a representative of public authority

                  1208 00

                  Assault or threat on a representative of public authority

                  1209 00

                  Public order offences, breach of the public peace

                  1210 00

                  Violence during sports events

                  1211 00

                  Theft of public or administrative documents

                  1212 00

                  Obstructing or perverting the course of justice, making false allegations in the course of criminal or judicial proceedings, perjury

                  1213 00

                  Unlawful impersonation of a person or an authority

                  1214 00

                  Escape from lawful custody

                  1300 00
                  open category

                     Offences against public property or public interests

                  1301 00

                  Public, social security or family benefit fraud

                  1302 00

                  Fraud affecting European benefits or allowances

                  1303 00

                  Offences related to illegal gambling

                  1304 00

                  Obstructing of public tender procedures

                  1305 00

                  Active or passive corruption of a civil servant, a person holding public office or public authority

                  1306 00

                  Embezzlement, misappropriation or other diversion of property by a public official

                  1307 00

                  Abuse of a function by a public official

                  1400 00
                  open category

                     Tax and customs offences

                  1401 00

                  Tax offences

                  1402 00

                  Customs offences

                  1500 00
                  open category

                     Economic and trade related offences

                  1501 00

                  Bankruptcy or fraudulent insolvency

                  1502 00

                  Breach of accounting regulation, embezzlement, concealment of assets or unlawful increase in a company’s liabilities

                  1503 00

                  Violation of competition rules

                  1504 00

                  Laundering of proceeds from crime

                  1505 00

                  Active or passive corruption in the private sector

                  1506 00

                  Revealing a secret or breaching an obligation of secrecy

                  1507 00

                  ‘Insider trading’

                  1600 00
                  open category

                     Offences against property or causing damage to goods

                  1601 00

                  Unlawful appropriation

                  1602 00

                  Unlawful appropriation or diversion of energy

                  1603 00

                  Fraud, including swindling

                  1604 00

                  Dealing in stolen goods

                  1605 00

                  Illicit trafficking (6) in cultural goods, including antiques and works of art

                  1606 00

                  Intentional damage or destruction of property

                  1607 00

                  Unintentional damage or destruction of property

                  1608 00

                  Sabotage

                  1609 00

                  Offences against industrial or intellectual property

                  1610 00

                  Arson

                  1611 00

                  Arson causing death or injury to persons

                  1612 00

                  Forest arson

                  1700 00
                  open category

                     Theft offences

                  1701 00

                  Theft

                  1702 00

                  Theft after unlawful entry into property

                  1703 00

                  Theft, using violence or weapons, or using threat of violence or weapons against person

                  1704 00

                  Forms of aggravated theft which do not involve use of violence or weapons, or use of threat of violence or weapons, against persons.

                  1800 00
                  open category

                     Offences against information systems and other computer-related crime

                  1801 00

                  Illegal access to information systems

                  1802 00

                  Illegal system interference

                  1803 00

                  Illegal data interference

                  1804 00

                  Production, possession, dissemination of or trafficking in computer devices or data enabling commitment of computer-related offences

                  1900 00
                  open category

                     Forgery of means of payment

                  1901 00

                  Counterfeiting or forging currency, including the euro

                  1902 00

                  Counterfeiting of non-cash means of payment

                  1903 00

                  Counterfeiting or forging public fiduciary documents

                  1904 00

                  Putting into circulation/using counterfeited or forged currency, non-cash means of payment or public fiduciary documents

                  1905 00

                  Possession of a device for the counterfeiting or forgery of currency or public fiduciary documents

                  2000 00
                  open category

                     Falsification of documents

                  2001 00

                  Falsification of a public or administrative document by a private individual

                  2002 00

                  Falsification of a document by a civil servant or a public authority

                  2003 00

                  Supply or acquisition of a forged public or administrative document; supply or acquisition of a forged document by a civil servant or a public authority

                  2004 00

                  Using forged public or administrative documents

                  2005 00

                  Possession of a device for the falsification of public or administrative documents

                  2006 00

                  Forgery of private documents by a private individual

                  2100 00
                  open category

                     Offences against traffic regulations

                  2101 00

                  Dangerous driving

                  2102 00

                  Driving under the influence of alcohol or narcotic drugs

                  2103 00

                  Driving without a licence or while disqualified

                  2104 00

                  Failure to stop after a road accident

                  2105 00

                  Avoiding a road check

                  2106 00

                  Offences related to road transport

                  2200 00
                  open category

                     Offences against labour law

                  2201 00

                  Unlawful employment

                  2202 00

                  Offences relating to remuneration, including social security contributions

                  2203 00

                  Offences relating to working conditions, health and safety at work

                  2204 00

                  Offences relating to access to or exercise of a professional activity

                  2205 00

                  Offences relating to working hours and rest time

                  2300 00
                  open category

                     Offences against migration law

                  2301 00

                  Unauthorised entry or residence

                  2302 00

                  Facilitation of unauthorised entry and residence

                  2400 00
                  open category

                     Offences against military obligations

                  2500 00
                  open category

                     Offences related to hormonal substances and other growth promoters

                  2501 00

                  Illicit importation, exportation or supply of hormonal substances and other grown promoters

                  2600 00
                  open category

                     Offences related to nuclear materials or other hazardous radioactive substances

                  2601 00

                  Illicit importation, exportation, supply or acquisition of nuclear or radioactive materials

                  2700 00
                  open category

                     Other offences

                  2701 00

                  Other intentional offences

                  2702 00

                  Other unintentional offences

         (1)  Unless otherwise specified in this category, ‘trafficking’ means import, export, acquisition, sale, delivery, movement or transfer.

         (2)  For the purpose of this sub-category trafficking includes acquisition, sale, delivery, movement or transfer.

         (3)  For the purpose of this sub-category trafficking includes import, export, acquisition, sale, delivery, movement or transfer.

         (4)  For example: particularly grave circumstances.

         (5)  For example rape with particular cruelty.

         (6)  Trafficking includes import, export, acquisition, sale, delivery, movement or transfer.

      ANNEX B

         Common table of penalties and measures categories referred to in Article 4

                  Code

                  Categories and sub-categories of offences

                  1000
                  open category

                     Deprivation of freedom

                  1001

                  Imprisonment

                  1002

                  Life imprisonment

                  2000
                  open category

                     Restriction of personal freedom

                  2001

                  Prohibition from frequenting some places

                  2002

                  Restriction to travel abroad

                  2003

                  Prohibition to stay in some places

                  2004

                  Prohibition from entry to a mass event

                  2005

                  Prohibition to enter in contact with certain persons through whatever means

                  2006

                  Placement under electronic surveillance (1)

                  2007

                  Obligation to report at specified times to a specific authority

                  2008

                  Obligation to stay/reside in a certain place

                  2009

                  Obligation to be at the place of residence on the set time

                  2010

                  Obligation to comply with the probation measures ordered by the court, including the obligation to remain under supervision

                  3000
                  open category

                     Prohibition of a specific right or capacity

                  3001

                  Disqualification from function

                  3002

                  Loss/suspension of capacity to hold or to be appointed to public office

                  3003

                  Loss/suspension of the right to vote or to be elected

                  3004

                  Incapacity to contract with public administration

                  3005

                  Ineligibility to obtain public subsidies

                  3006

                  Cancellation of the driving licence (2)

                  3007

                  Suspension of driving licence

                  3008

                  Prohibition to drive certain vehicles

                  3009

                  Loss/suspension of the parental authority

                  3010

                  Loss/suspension of right to be an expert in court proceedings/witness under oath/juror

                  3011

                  Loss/suspension of right to be a legal guardian (3)

                  3012

                  Loss/suspension of right of decoration or title

                  3013

                  Prohibition to exercise professional, commercial or social activity

                  3014

                  Prohibition from working or activity with minors

                  3015

                  Obligation to close an establishment

                  3016

                  Prohibition to hold or to carry weapons

                  3017

                  Withdrawal of a hunting/fishing license

                  3018

                  Prohibition to issue cheques or to use payment/credit cards

                  3019

                  Prohibition to keep animals

                  3020

                  Prohibition to possess or use certain items other than weapons

                  3021

                  Prohibition to play certain games/sports

                  4000
                  open category

                     Prohibition or expulsion from territory

                  4001

                  Prohibition from national territory

                  4002

                  Expulsion from national territory

                  5000
                  open category

                     Personal obligation

                  5001

                  Submission to medical treatment or other forms of therapy

                  5002

                  Submission to a social-educational programme

                  5003

                  Obligation to be under the care/control of the family

                  5004

                  Educational measures

                  5005

                  Socio-judicial probation

                  5006

                  Obligation of training/working

                  5007

                  Obligation to provide judicial authorities with specific information

                  5008

                  Obligation to publish the judgment

                  5009

                  Obligation to compensate for the prejudice caused by the offence

                  6000
                  open category

                     Penalty on personal property

                  6001

                  Confiscation

                  6002

                  Demolition

                  6003

                  Restoration

                  7000
                  open category

                     Placing in an institution

                  7001

                  Placing in a psychiatric institution

                  7002

                  Placing in a detoxification institution

                  7003

                  Placing in an educational institution

                  8000
                  open category

                     Financial penalty

                  8001

                  Fine

                  8002

                  Day-fine (4)

                  8003

                  Fine for the benefit of a special recipient (5)

                  9000
                  open category

                     Working penalty

                  9001

                  Community service or work

                  9002

                  Community service or work accompanied with other restrictive measures

                  10000
                  open category

                     Military penalty

                  10001

                  Loss of military rank (6)

                  10002

                  Expulsion from professional military service

                  10003

                  Military imprisonment

                  11000
                  open category

                     Exemption/deferment of sentence/penalty, warning

                  12000
                  open category

                     Other penalties and measures

                  Parameters (to be specified where applicable)

                  ø

                  Penalty

                  m

                  Measure

                  a

                  Suspended penalty/measure

                  b

                  Partially suspended penalty/measure

                  c

                  Suspended penalty/measure with probation/supervision

                  d

                  Partially suspended penalty/measure with probation/supervision

                  e

                  Conversion of penalty/measure

                  f

                  Alternative penalty/measure imposed as principal penalty

                  g

                  Alternative penalty/measure imposed initially in case of non-respect of the principal penalty

                  h

                  Revocation of suspended penalty/measure

                  i

                  Subsequent formation of an overall penalty

                  j

                  Interruption of enforcement/postponement of the penalty/measure (7)

                  k

                  Remission of the penalty

                  l

                  Remission of the suspended penalty

                  n

                  End of penalty

                  o

                  Pardon

                  p

                  Amnesty

                  q

                  Release on parole (liberation of a person before end of the sentence under certain conditions)

                  r

                  Rehabilitation (with or without the deletion of penalty from criminal records)

                  s

                  Penalty or measure specific to minors

                  t

                  Non-criminal ruling (8)

         (1)  Fixed or mobile placement.

         (2)  Reapplication in order to obtain a new driving licence is necessary.

         (3)  Legal guardian for a person who is legally incompetent or for a minor.

         (4)  Fine expressed in daily units.

         (5)  E.g.: for an institution, association, foundation or a victim.

         (6)  Military demotion.

         (7)  Does not lead to avoidance of enforcement of penalty.

         (8)  This parameter will be indicated only when such information is provided in reply to the request received by the Member State of nationality of the person concerned.


title: Council Decision of 28 June 2011 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               1.7.2011

               EN

               Official Journal of the European Union

               C 191/9

         COUNCIL DECISION
   of 28 June 2011
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   (000/2011/)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nomination submitted to the Council by the Commission in the category of Employers' representatives,
   Whereas:

               (1)

               By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012.

               (2)

               A member's seat on the Governing Board of the Centre in the category of Employers' representatives has become vacant as a result of the resignation of Mr Andrew MAMO,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2012:

      REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS:

               MALTA

               Ms Jeanelle CATANIA
               Executive Policy & Business Development
               The Malta Chamber of Commerce Enterprise and Industry

      Done at Luxembourg, 28 June 2011.

            For the Council

            The President

         FAZEKAS S.

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 226, 19.9.2009, p. 2.


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31994D0149

94/149/ECSC, EC: Council Decision of 7 March 1994 amending Decision 93/350/Euratom, ECSC, EEC amending Decision 88/591/ECSC, EEC, Euratom establishing a Court of First Instance of the European Communities

Official Journal L 066 , 10/03/1994 P. 0029 - 0029 Finnish special edition: Chapter 1 Volume 3 P. 0110  Swedish special edition: Chapter 1 Volume 3 P. 0110

COUNCIL DECISION of 7 March 1994 amending Decision 93/350/Euratom, ECSC, EEC amending Decision 88/591/ECSC, EEC, Euratom establishing a Court of First Instance of the European Communities (94/149/ECSC, EC)THE COUNCIL OF THE EUROPEAN  UNION,  Having regard to Council Decision 93/350/Euratom, ECSC, EEC of 8 June 1993 amending Decision 88/591/ECSC, EEC, Euratom establishing a Court of First Instance of the European Communities (1), and in particular Article 3 thereof,  Whereas, under Decision 88/591/ECSC, EEC, Euratom (2), as thus amended, the Court of First Instance has jurisdiction to hear and determine virtually all the actions brought by natural or legal persons;  Whereas, however, with regard to trade protection measures taken under the Treaties establishing the European Coal and Steel Community and the European Community in the case of dumping and subsidies, the entry into force of Decision 93/350/Euratom,  ECSC, EEC was deferred;  Whereas, in the light of developments since then, the date of the entry into force of this part of the abovementioned Decision needs to be determined,  HAS DECIDED AS FOLLOWS:   Article 1  The second part of the first sentence of Article 3 of Decision 93/350/Euratom, ECSC, EEC shall be replaced by the following:  'however, in respect of actions brought by natural or legal persons pursuant to the second paragraph of Article 33, Article 35 and the first and second paragraphs of Article 40 of the ECSC Treaty and which concern acts relating to the application of  Article 74 of the said Treaty and in respect of actions brought by natural or legal persons pursuant to the fourth paragraph of Article 173, the third paragraph of Article 175 and Article 178 of the EC Treaty and relating to measures to protect trade  within the meaning of Article 113 of that Treaty in the case of dumping and subsidies, its entry into force shall be fixed at 15 March 1994.'  Article 2  This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.  Done at Brussels, 7 March 1994.  For the Council The President Th. PANGALOS  (1) OJ No L 144, 16. 6. 1993, p. 21.  (2) OJ No L 319, 25. 11. 1988, p. 1.


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31974D0234

74/234/EEC: Commission Decision of 16 April 1974 relating to the institution of a Scientific Committee for Food

Official Journal L 136 , 20/05/1974 P. 0001 - 0002 Finnish special edition: Chapter 15 Volume 1 P. 0175  Greek special edition: Chapter 03 Volume 10 P. 0218  Swedish special edition: Chapter 15 Volume 1 P. 0175  Spanish special edition: Chapter 13 Volume 3 P. 0219  Portuguese special edition Chapter 13 Volume 3 P. 0219

COMMISSION DECISION  of 16 April 1974  relating to the institution of a Scientific Committee for Food  (74/234/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community;  Whereas the elaboration and modification of common rules concerning the composition, manufacturing characteristics, packaging and labelling of foodstuffs requires an examination of the problems relating to the protection of health and safety of persons;  Whereas the research for solutions to these problems needs the participation of highly qualified scientific personnel, particularly in the fields associated with medicine nutrition toxicology, biology, chemistry or other similar disciplines;  Whereas contact with such groups should assume a permanent character in the form of a committee of a consultative nature established by the Commission,  HAS DECIDED AS FOLLOWS:    Article 1 A Scientific Committee for Food hereinafter called the "Committee" is hereby established by the Commission.   Article 2 1. The Committee may be consulted by the Commission on any problem relating to the protection of the health and safety of persons arising from the consumption of food, and in particular on the composition of food, processes which are liable to modify food, the use of food additives and other processing aids as well as the presence of contaminants.  2. The Committee may draw the attention of the Commission to any such problem.   Article 3 The Committee shall be composed of not more than 15 members.   Article 4 The Members of the Committee shall be nominated by the Commission from highly qualified scientific persons having competence in the fields referred to in Article 2.   Article 5 The Committee shall elect a chairman and two vice-chairmen from its members. The election shall take place by simple majority of the members.   Article 6 1. The mandate of a member, chairman or vice-chairman of the Committee shall have a term of three years. It shall be renewable. However, the chairman and vice-chairmen of the Committee may not be immediately re-elected after being in office for  two consecutive periods of three years. The duties shall not be subject to remuneration.  After the expiry of the period of three years, the members, chairmen, or vice-chairmen of the Committee, remain in office until their replacement or the renewal of their mandate.  2. Where a member, chairman or vice-chairman of the Committee finds it impossible to fulfil his mandate or in the case of his voluntary resignation he shall be replaced for the remaining term of the mandate in accordance with the procedure provided, as the case may be, in Article 4 or Article 5.   Article 7 1. The Committee may form working groups from among its members.  2. The mandate of the working groups shall be to report to the Committee on the subjects referred to them by the latter.   Article 8 1. The Committee and the working groups shall meet at the invitation of a representative of the Commission.  2. The representative of the Commission as well as other officials and interested agents of the Commission assist at the meetings of the Committee and the working groups.  3. The representative of the Commission may invite individuals having particular expertise in the subject being studied to participate at the meetings.  4. The services of the Commission shall form the secretariat of the Committee, and the working groups.   Article 9 1. The deliberations of the Committee shall relate to the requests for opinion put by the representative of the Commission.  The representative of the Commission, in requesting the opinion of the Committee may fix the length of time within which the opinion is to be given.  2. Where the opinion requested is the subject of the unanimous agreement of the Members of Committee, these latter establish the common conclusions. In the absence of unanimous agreement, the various positions taken in the course of the deliberations shall be entered in a report drawn up under the responsibility of the representative of the Commission.   Article 10 Without prejudice to the provisions of Article 214 of the Treaty the members of the Committee shall be obliged not to divulge information coming to their knowledge as a result of the work of the Committee when the representative of the Commission informs them that the opinion requested relates to material of a confidential nature.  In this case only the members of the Committee and the representatives of the Commission shall be present at the meetings.   Article 11 The present Decision may be amended by the Commission in the light of experience acquired.     Done at Brussels, 16 April 1974.  For the Commission  The President  François-Xavier ORTOLI


title: 2011/478/CFSP: Council Decision 2011/478/CFSP of 28 July 2011 extending the mandate of the European Union Special Representative in Kosovo

text:
               29.7.2011

               EN

               Official Journal of the European Union

               L 197/12

         COUNCIL DECISION 2011/478/CFSP
   of 28 July 2011
   extending the mandate of the European Union Special Representative in Kosovo (1)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and, in particular Articles 28, 31(2) and 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 4 February 2008, the Council adopted Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (2) and Joint Action 2008/123/CFSP (3) appointing Mr Pieter FEITH as the European Union Special Representative (EUSR) in Kosovo.

               (2)

               On 5 May 2011, the Council adopted Decision 2011/270/CFSP (4) appointing Mr Fernando GENTILINI as the EUSR in Kosovo until 31 July 2011.

               (3)

               The mandate of the EUSR should be extended until 30 September 2011.

               (4)

               The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the Union’s external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2011/270/CFSP is hereby amended as follows:

               (1)

               Article 1 is replaced by the following:
               ‘Article 1
               European Union Special Representative
               Mr Fernando GENTILINI is hereby appointed as the European Union Special Representative (EUSR) in Kosovo from 1 May 2011 until 30 September 2011. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (HR).’;

               (2)

               Article 5(1) is replaced by the following:
               ‘1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 May 2011 to 30 September 2011 shall be EUR 690 000.’.

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

      Done at Brussels, 28 July 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  Under United Nations Security Council Resolution 1244 (1999).

      (2)  OJ L 42, 16.2.2008, p. 92.

      (3)  OJ L 42, 16.2.2008, p. 88.

      (4)  OJ L 119, 7.5.2011, p. 12.


title: Decision of the European Parliament and of the Council of 17 December 2009 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

text:
               24.12.2009

               EN

               Official Journal of the European Union

               L 347/28

      DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 17 December 2009
   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
   (2009/1006/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community and to the Treaty on the Functioning of the European Union,
   Having regard to the Inter-institutional 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 Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support to redundant workers who suffer from the consequences of major structural changes in world trade patterns 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 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)

               Sweden submitted an application to mobilise the EGF, in respect of redundancies in automotive sector, on 5 June 2009. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006, therefore the Commission proposes to deploy an amount of EUR 9 839 674.

               (5)

               Austria submitted an application to mobilise the EGF, in respect of redundancies in the automotive sector, on 9 July 2009. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006, therefore the Commission proposes to deploy an amount of EUR 5 705 635.

               (6)

               The Netherlands submitted an application to mobilise the EGF, in respect of redundancies in the construction sector, on 4 August 2009. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006, therefore the Commission proposes to deploy an amount of EUR 386 114.

               (7)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the applications submitted by Sweden, Austria and the Netherlands,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   For the general budget of the European Union for the financial year 2009, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 15 931 423 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 17 December 2009.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         H. LINDBLAD

      (1)  OJ C 139, 14.6.2006, p. 1.

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


title: 2006/299/EC: Commission Decision of  19 April 2006  setting up a group of experts to provide policy advice to the Commission on fighting violent radicalisation

text:
               25.4.2006

               EN

               Official Journal of the European Union

               L 111/9

      COMMISSION DECISION

   of 19 April 2006
   setting up a group of experts to provide policy advice to the Commission on fighting violent radicalisation
   (2006/299/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               Article 2 of the Treaty establishing the European Union requires that the Union shall maintain and develop the Union as an area of freedom, security and justice.

               (2)

               The Union shall provide citizens with a high level of safety within the area of freedom, security and justice. That objective shall be achieved by combating terrorism, including the external dimension of the threat, and by addressing the factors contributing to violent radicalisation.

               (3)

               The Commission, in its Communication on Prevention, preparedness and response to terrorist attacks
                   (1) declared that opposing violent radicalisation within our societies and disrupting the conditions facilitating the recruitment of terrorists must be fundamental priorities in a strategy to prevent terrorism.

               (4)

               The Commission, in its Communication Terrorist recruitment: addressing the factors contributing to violent radicalisation
                   (2), recognised the need to call upon the expertise of specialists in developing further its policy in the field.

               (5)

               The group shall be made up of specialists from various disciplines with experience in analysing and researching the field of violent radicalisation or fields directly related to it.

               (6)

               The ‘Expert Group on Violent Radicalisation’ therefore has to be set up and its terms of reference and structures detailed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   A policy advisory group of experts, to be known as the ‘Expert Group on Violent Radicalisation’, hereinafter referred to as ‘the group’ is hereby set up by the Commission.
   2.   The group shall be made up of qualified individuals competent to consider matters relating to violent radicalisation and terrorism.
   Article 2
   Task
   The Commission may consult the group on any matter relating to violent radicalisation and terrorism.
   The group’s task is to:

               —

               bring together the expertise of its members in order to give policy advice to the Commission. Such advice may be given either upon the group’s own initiative or upon a specific request from the Commission,

               —

               help the Commission identify new research areas required into the phenomenon of violent radicalisation and terrorism,

               —

               exchange expertise with networks, institutes or other bodies of the EU, in Member States, third countries and international organisations working in the same field,

               —

               in particular, prepare a synthesis report by June 2006 on the state of play of research in the field of violent radicalisation.

         The group’s Chair may indicate to the Commission when it would be advisable to consult the group on a specific question.
   Article 3
   Composition — Appointment
   1.   The members of the group shall be appointed by the Director-General of Directorate General Justice, Freedom and Security of the European Commission from among specialists with competence in the areas of violent radicalisation and terrorism. Such competence must include experience deriving from academic research and published work.
   2.   The group shall be composed of a maximum of 20 members.
   3.   The following provisions shall apply:

               —

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

               —

               members of the group are appointed for a one year mandate which may be renewed by the Commission. They shall remain in office until such time as they resign, are replaced or their mandate ends,

               —

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

               —

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

         Article 4
   Operation
   1.   The Director-General of DG JLS appoints the Chair of the group.
   The group shall submit its opinions and reports to the Commission. The content of such reports and opinions is not binding on the Commission or any other EU Institution. The Commission may fix a deadline by which the opinion or report shall be delivered.
   When an opinion or report is adopted unanimously by the group, the latter shall establish common conclusions and attach them to the minutes. If the group fails to reach unanimous agreement on an opinion or report, it shall inform the Commission of the dissenting views expressed.
   2.   In agreement with the Commission, sub-groups may be set up to examine specific questions under terms of reference established by the group; they shall be disbanded as soon as these have been fulfilled. Reports compiled by such sub-groups must be approved by the group and the same provisions in the above paragraph apply in cases where unanimous agreement is not reached.
   3.   The Commission’s representative may ask other experts or observers with specific competence on a subject on the agenda to participate in the group’s or sub-group’s deliberations if this is useful and/or necessary.
   4.   Information obtained by participating in the group’s or sub-group’s deliberations must be considered as confidential and may only be divulged if the Commission expressly says so. At the termination of their appointment each member of the group and/or its sub-groups remains bound by the rules of confidentiality.
   5.   The group and its sub-groups normally meet on Commission premises in accordance with the procedures and schedule established by it. The Commission will provide secretarial services. Commission officials with an interest in the proceedings may attend these meetings.
   6.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission.
   7.   The Commission may publish on the Internet, in the original language of the document concerned, any résumé, conclusion, or partial conclusion or working document of the group that is not confidential in nature. The documents presented by the group will be subject to the provisions of Regulation (EC) No 1049/2001 (3).
   Article 5
   Meeting expenses
   The Commission shall reimburse travel and, where appropriate, subsistence expenses for members, other experts and observers in connection with the group’s activities in accordance with the Commission’s internal rules on the compensation of external experts.
   The members, or other experts and observers that might be invited from time to time, shall not be remunerated for their activities and duties.
   Article 6
   Entry into force
   The decision shall take effect on the day of its publication in the Official Journal of the European Union. It is applicable until 19 March 2007. The Commission shall decide on a possible extension before that date.

      Done at Brussels, 19 April 2006.

            For the Commission

         Franco FRATTINI

            Vice-President

      (1)  COM(2004) 698 final, 20.10.2004.

      (2)  COM(2005) 313 final, 21.9.2005.

      (3)  OJ L 145, 31.5.2001, p. 43.


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31991D0179

91/179/EEC: Council Decision of 25 March 1991 on acceptance of the terms of reference of the International Copper Study Group

Official Journal L 089 , 10/04/1991 P. 0039 - 0044 Finnish special edition: Chapter 11 Volume 16 P. 0257  Swedish special edition: Chapter 11 Volume 16 P. 0257

COUNCIL DECISION  of 25 March 1991  on acceptance of the terms of reference of the International Copper Study Group  (91/179/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 and 116 thereof,  Having regard to the proposal from the Commission,  Whereas the terms of reference of the International Copper Study Group were adopted at Geneva on 24 February 1989 by the United Nations Conference on Copper;  Whereas the States and international organizations which participated in the Conference have been asked to notify the United Nations Secretary-General of their acceptance of the terms of reference in accordance with paragraph 22 (b) thereof;  Whereas the Study Group will carry out an important activity of analysis and surveillance of the market and of trade in copper;  Whereas the institutional structure of the International Copper Study Group as laid down in its terms of reference, implies joint participation by the Community and those Member States which have agreed to the terms of reference;  Whereas certain Member States have indicated their intention to participate in the Study Group;  Whereas the Community and those Member States which have decided to participate in the proceedings of the Study Group should therefore, on the basis of a common position, lodge their instruments of acceptance at the same time,  HAS DECIDED AS FOLLOWS:  Article 1  The terms of reference of the International Copper Study Group are hereby accepted by the European Economic Community.  The Community and those Member States which at this stage have decided to participate in the proceedings of the Study Group shall simultaneously lodge their instruments of acceptance with the Secretary-General of the United Nations as soon as the  necessary internal procedures have been completed.  The text of the terms of reference is attached hereto.  Article 2  The President of the Council is hereby authorized to designate the persons empowered to lodge the instrument of acceptance on behalf of the Community. Done at Brussels, 25 March 1991. For the Council  The President  R. STEICHEN   ANNEX  TERMS OF REFERENCE OF THE INTERNATIONAL COPPER STUDY GROUP  Establishment  1. The International Copper Study Grup is hereby established to administer the provisions and supervise the operation of these terms of reference.  Objective  2. To ensure enhanced international cooperation on issues concerning copper, by improving the information available on the international copper economy and by providing a forum for intergovernmental consultations on copper.  Definitions  3. (a) 'The Group' means the International Copper Study Group as constituted in these terms of reference.  (b) 'Copper' means ores and concentrates of copper: unrefined and refined copper metal, including secondary copper; copper alloys; scrap, wastes and residues of copper; semi-manufactured products and such other products of copper as the Group may  determine.  (c) 'Members' means all States and intergovernmental organizations as provided for in paragraph 5 which have notified their acceptance pursuant to paragraph 22.  Functions  4. In pursuance of its objective, the Group shall have the following functions:  (a) to conduct consultations and exchanges of information on the international copper economy;  (b) to improve statistics on copper;  (c) to undertake regular assessments of the market situation and outlook for the world copper industry;  (d) to undertake studies on issues of interest to the Group;  (e) to undertake activities related to efforts pursued by other organizations aimed at developing the market for copper and contributing to the demand for copper;  (f) to consider special problems or difficulties which exist or may arise in the international copper economy.  The Group shall carry out the above functions without derogating from the right of every member to manage all aspects of its domestic copper economy and without prejudice to the competence of other international organizations in matters falling within  their jurisdiction.  Membership  5. Membership of the Group shall be open to all States which are interested in the production or consumption of, or international trade in, copper, and to any intergovernmental organization having responsibilities in respect of the negotiation,  conclusion and application of international agreements, in particular commodity agreements.  Powers of the Group  6. (a) The Group shall exercise such powers and take action or arrange for action to be taken as may be necessary to carry out and ensure the application of the provisions of these terms of reference.  (b) The Group shall not have the power, directly or indirectly, to enter into any contract for the purposes of trade in copper or in any other commodity or product, or any contract for futures transactions; nor shall it have the power to enter into any  financial obligations for such purposes.  (c) The Group shall adopt such rules of procedure as are considered necessary to carry out its functions and which shall be subject to, and not inconsistent with, these terms of reference.  (d) The Group shall not have the power and shall not be taken to have been authorized by its members to incur any obligation outside the scope of these terms of reference or the rules of procedure.  Headquarters  7. The headquarters of the Group shall be at a location selected by it in the territory of a member State, unless the Group decides otherwise. The Group shall negotiate a Headquarters Agreement with the host governement to be concluded as soon as  possible after these terms of reference have entered into force.  Decision-making  8. (a) The highest authority of the Group established under these terms of reference shall be vested in the General Session.  (b) The Group, the Standing Committee referred to in paragraph 9, and such committees and subsidiary bodies as may be established, shall take decisions by consensus and without a vote, except in the case of decisions for which a specific voting majority  is specified in these terms of reference or in the rules of procedure.  (c) Each member State shall be entitled to one vote.  Standing Committee  9. (a) The Group shall establish a Standing Committee, which shall consist of these members of the Group which have indicated their desire to participate in its work.  (b) The Standing Committee shall undertake such tasks as may be assigned to it by the Group and shall report to the Group on completion, or on the progress, of its work.  Committees and subsidiary bodies  10. The Group may establish committees or other subsidiary bodies, in addition to the Standing Committee, on such terms and conditions as it may determine.  Secretariat  11. (a) The Group shall have a Secretariat consisting of a Secretary-General and such staff as may be required.  (b) The Secretary-General shall be the chief administrative officer of the Group and shall be responsible to it for the administration and operation of these terms of reference in accordance with the decisions of the Group.  Cooperation with others  12. (a) The Group may make arrangements for consultations or cooperation with the United Nations, its organs or specialized agencies, and with other intergovernmental institutions, as appropriate.  (b) The Group may also make arrangements as it considers appropriate for maintaining contact with interested non-participating governments, with other international non-governmental organizations, or with private sector institutions, as appropriate.  (c) Observers may be invited to attend meetings of the Group or its subsidiary bodies on such terms and conditions as the Group or those bodies may decide.  Relationship with the Common Fund  13. The Group may apply to be designated as an International Commodity Body (ICB) under Article 7 (9) of the Agreement establishing the Common Fund for Commodities, for the purpose of sponsoring, in accordance with the provisions of these terms of  reference, projects on copper to be financed by the Fund through its Second Account. Decisions on the sponsoring of such projects shall normally be taken by consensus. If consensus cannot be reached, decisions shall be taken by a two-thirds majority  vote. The Group shall not incur any financial obligations in respect of such projects; nor shall it act as executing agency for any such project.  Legal status  14. (a) The Group shall have legal personality. It shall, in particular, but subject to paragraph 6 (b), have the capacity to enter into contracts, to acquire and to dispose of movable and immovable property, and to institute legal proceedings.  (b) The status of the Group in the territory of the host governement shall be governed by a Headquarters Agreement between the host government and the Group.  Budget contributions  15. (a) Each member shall contribute to an annual budget which shall be approved by the Group in accordance with the provisions of the rules of procedure. For the purpose of assessing the contributions of members, 50 % of the budget shall be apportioned  equally among them; 25 % shall be apportioned among member States in proportion to their shares in the total exports and imports of member States of copper ores and concentrates, measured in copper metal content, and unrefined and refined copper; and  the remaining 25 % shall be apportioned among member States in proportion to their shares in a total which shall consist of the mine production or refined consumption of copper of each member State, whichever is the higher. The calculation of these  shares shall be based on the latest three calendar years for which statistics are available.  (b) The Group shall determine the contribution of each member for each financial year in a currency to be decided by the Group and in accordance with the provisions for contributions specified in the rules of procedure. the payment of the contribution  by each member shall be made in accordance with its constitutional procedures.  (c) In addition to the budget contributions, the Group may accept donations from external sources.  Statistics and information  16. (a) The Group shall collect, collate and make available to members such statistical information on production, trade, stocks and consumption of copper, including consumption by specific markets and end-use industries, as it deems appropriate for the  effective operation of these terms of reference, as well as the information referred to in subparagraph (b) below.  (b) The Group shall make such arrangements as it considers appropriate by which information may be exchanged with interested non-participating governments and with appropriate non-governmental and intergovernmental organizations in order to avoid  duplication of work and to ensure the availability of recent, reliable and complete information on production, consumption, stocks, international trade, internationally recognized published prices of copper, technology, research and development  activities relating to copper and other factors that influence the demand for and supply of copper.  (c) The Group shall endeavour to ensure that information made available by it does not prejudice the confidentiality of the operations of governments or persons or enterprises producing, processing, marketing or consuming copper.  Annual assessment and reports  17. (a) The Group shall undertake an annual assessment of the world copper situation and related matters in the light of information supplied by members and supplemented by information from all other relevant sources. The annual assessment shall include  a review of anticipated copper production capacity for future years and an outlook for copper production, consumption and trade for the following calendar year, for the purpose of assisting members in their individual assessments of the evolution of the  international copper economy.  (b) The Group shall prepare a report incorporating the results of the annual assessment and distribute it to members. If the Group deems it appropriate, this report, as well as other reports and studies distributed to members, may be made available to  other interested parties in accordance with the rules of procedure.  Market development  18. (a) The Group shall hold discussions among members and between members and third parties, such as copper research and market development organizations, on ways and means of increasing the demand and developing the market for copper. Within this  framework the studies done by the Group in support of market development will be disseminated to copper development organizations for their use in preparing market development project proposals to be submitted to the Group for consideration. Execution  of these projects will be undertaken by market development organizations. The Group may select and sponsor projects to be financed by the Common Fund through its Second Account.  (b) The Group shall offer to facilitate coordination between market development organizations and support the extension of market development activities.  Studies  19. (a) The Group shall undertake or make appropriate arrangements to undertake ad hoc studies related to the international copper economy as may be agreed by the Group.  (b) The studies may contain general recommendations or suggestions to the Group but such recommendations or suggestions shall not derogate from the right of every member to manage all aspects of its domestic copper economy and shall be without prejudice  to the competence of other international organizations in matters falling within their jurisdiction.  Obligations of members  20. Members shall use their best endeavours to cooperate and to promote the attainment of the objective of the Group, in particular by providing the data referred to in paragraph 16 (a).  Amendment  21. These terms of reference may be amended only by consensus of the Group.  Entry into force  22. (a) These terms of reference shall enter into force definitively when States together accounting for at least 80 % of trade in copper, as set out in the Annex to these terms of reference, have notified the Secretary-General of the United Nations  (hereinafter referred to as 'the depositary') pursuant to subparagraph (c) below of their definitive acceptance of these terms of reference.  (b) These terms of reference shall enter into force provisionally when States together accounting for at least 60 % of trade in copper, as set out in the Annex to these terms of reference, have notified the depositary pursuant to subparagraph (c) below  of their provisional or definitive acceptance of these terms of reference.  (c) Any State or any intergovernmental organization referred to in paragraph 5 which desires to become a member of the Group shall notify the depositary that it accepts these terms of reference either provisionally, pending the conclusion of its  internal procedures, or definitively. Any State or intergovernmental organization which has notified its provisional acceptance of these terms of reference shall endeavour to complete its procedures within 36 months of the date of entry into force of  these terms of reference or the date of its notification of provisional acceptance, whichever is the later, and shall notify the depositary accordingly. Where a State or intergovernmental organization is not able to complete its procedures within the  time limit referred to above, the Group may grant an extension of time to the State or intergovernmental organization concerned.  (d) If the requirements for entry into force of these terms of reference have not been met on 30 June 1990, the depositary shall invite those States and intergovernmental organizations that have notified their provisional or definitive acceptance of  these terms of reference to decide whether or not to put these terms of reference into force provisionally or definitively among themselves.  (e) When these terms of reference enter into force, the depositary shall convene an inaugural meeting of the Group as soon as possible thereafter. Members shall be notified at least one month, where possible, prior to that meeting.  Withdrawal  23. (a) A member may withdraw from the Group at any time by giving written notice of withdrawal to the depositary and to the Secretary-General of the Group.  (b) Withdrawal shall be without prejudice to any financial obligations already incurred by the withdrawing member and shall not entitle it to any rebate of its contribution for the year in which the withdrawal occurs.  (c) Withdrawal shall become effective 60 days after the notice is received by the depositary.  (d) The Secretary-General of the Group shall promptly notify each member of any notification received under this paragraph.  Termination  24. (a) The Group may at any time decide by a two-thirds majority vote of member States to terminate these terms of reference. Such termination shall take effect on such date as the Group shall decide.  (b) Notwithstanding the termination of these terms of reference, the Group shall continue in being for as long as it is necessary to carry out its liquidation, including the settlement of accounts.  Reservations  25. No reservations may be made to any of the provisions of these terms of reference.   ANNEX  Trade in copper (1)   Country  Exports   Imports  Total trade  Share (%)   (1 000 tonnes)         Australia  150,7  -  150,7  1,41  Austria  24,2  13,3  37,5  0,35  Belgium-Luxembourg  222,6  430,9  653,5  6,12  Bolivia  1,0  -  1,0  0,01  Brazil  2,3  153,8  156,1   1,46  Bulgaria  1,0  2,0  3,0  0,03  Canada  635,1  78,7  713,8  6,69  Chile  1 308,0  -  1 308,0  12,26  China  7,0  358,9  365,9  3,43  Cuba  2,7  6,5  9,2  0,09  Denmark  2,5  1,8  4,3  0,04  Finland  21,9  54,5  76,4  0,72  France  15,1  358,7   373,8  3,50  German Democratic Republic  13,5  62,5  76,0  0,71  Federal Republic of Germany  70,7  713,0  783,7  7,34  Greece  -  23,7  23,7  0,22  Hungary  -  34,0  34,0  0,32  India  -  64,6  64,6  0,61  Indonesia  90,4  17,4  107,8  1,01  Iran  (Islamic Republic of)  41,7  -  41,7  0,39  Ireland  0,9  0,2  1,1  0,01  Italy  13,1  355,7  368,8  3,46  Japan  55,4  1 217,1  1 272,5  11,92  Madagascar  -  -  -  -  Mexico  122,0  5,0  127,0  1,19  Netherlands  7,6  23,1  30,7  0,29  Norway  53,5   12,0  65,5  0,61  Panama  -  -  -  -  Papua New Guinea  171,5  -  171,5  1,61  Peru  343,4  -  343,4  3,22  Philippines  217,1  -  217,1  2,03  Poland  177,1  18,4  195,5  1,83  Portugal  3,1  16,7  19,8  0,19  Republic of Korea  4,2  177,9  182,1   1,71  Spain  86,4  97,0  183,4  1,72  Sweden  81,6  81,9  163,5  1,53  Thailand  -  17,6  17,6  0,16  Turkey  -  46,3  46,3  0,43  Union of Soviet Socialist Republics  103,3  23,6  126,9  1,19  United Kingdom of Great Britain  and Northern Ireland  32,1  324,5  356,6  3,34  United States of America  187,9  529,1  717,0  6,72  Yugoslavia  16,5  34,5  51,0  0,48  Zaire  508,4  -  508,4  4,76  Zambia  500,5  20,0  520,5  4,88        TOTAL  5 296,0  5 374,9  10 670,9  100,00        (1) Annual average for the period 1981 to 1986 of imports and exports of ores and concentrates, measured in copper metal content, and unrefined and refined copper for countries which participated in the United Nations Conference on Copper,  1988.


title: 2007/352/EC: Council Decision of 14 May 2007 appointing a Deputy Director of Europol

text:
               24.5.2007

               EN

               Official Journal of the European Union

               L 132/35

      COUNCIL DECISION

   of 14 May 2007
   appointing a Deputy Director of Europol
   (2007/352/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Convention on the establishment of a European Police Office (Europol Convention) (1), and in particular Article 29(2) thereof,
   Acting as the authority vested with the power to appoint Deputy Director of Europol,
   Having regard to the opinion of the Management Board,
   Whereas:

               (1)

               Due to the expiry of the term of office of a Deputy Director of Europol, it is necessary to appoint a Deputy Director.

               (2)

               The Staff Regulations applicable to Europol employees (2), and in particular their Appendix 8, establish special provisions on the procedure for the selection of the Director or a Deputy Director of Europol.

               (3)

               The Management Board presented the Council with a short list of suitable applicants for appointment, together with the full file of each of those applicants, as well as the full list of the applicants.

               (4)

               On the basis of all relevant information provided by the Management Board, the Council wishes to appoint the applicant who, according to the Council, meets all the requirements of the vacant position of Deputy Director,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Eugenio ORLANDI is hereby appointed as Deputy Director of Europol from 1 August 2007 to 31 July 2011.
   Article 2
   This Decision shall take effect on the day of its adoption.
   It shall be published in the Official Journal of the European Union.

      Done at Brussels, 14 May 2007.

            For the Council

            The President

         F.-W. STEINMEIER

      (1)  OJ C 316, 27.11.1995, p. 2.

      (2)  See Council Act of 3 December 1998 laying down the Staff Regulations applicable to Europol employees (OJ C 26, 30.1.1999, p. 23) as amended by Council Act of 19 December 2002 (OJ C 24, 31.1.2003, p. 1).