Avis juridique important

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31995D0516

Council Decision of 4 December 1995 adapting and extending the application of Decision 93/603/CFSP concerning the joint action decided on by the Council on the basis of Article J.3 of the Treaty on European Union on support for the convoying of humanitarian aid in Bosnia and Herzegovina

Official Journal L 298 , 11/12/1995 P. 0003 - 0003

COUNCIL DECISIONof 4 December 1995adapting and  extending the application of Decision 93/603/CFSP concerning the joint action decided on by the  Council on the basis of Article J.3 of the Treaty on European Union on support for the convoying of  humanitarian aid in Bosnia and Herzegovina(95/516/CFSP)THE COUNCIL OF THE  EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article J.3 thereof, Having regard to Council Decision 93/603/CFSP of 8 November 1993 concerning the joint action  decided on by the Council on the basis of Article J.3 of the Treaty on European Union on support  for the convoying of humanitarian aid in Bosnia and Herzegovina (1), Having regard to Council Decision 93/729/CFSP (2) of 20 December 1993 supplementing that joint  action, Having regard to Council Decision 94/308/CFSP (3) of 16 May 1994 adapting and extending the  application of Decision 93/603/CFSP, Having regard to Council Decision 94/510/CFSP (4) of 27 July 1994 supplementing Decision  93/603/CFSP, Having regard to Council Decision 94/789/CFSP (5) of 12 December 1994 extending the application of  Decision 93/603/CFSP, HAS DECIDED AS FOLLOWS: 1. The application of Decision 93/603/CFSP, as supplemented and adapted by  Decisions 93/729/CFSP, 94/308/CFSP and 94/510/CFSP, shall be extended until 31 December 1996. 2. Member States' contributions shall be allocated in accordance with the Presidency's Decisions of  15 December 1994 and 27 March 1995 taken for the application of Decision 94/510/CFSP. 3. This Decision shall enter into force on the date of its adoption. 4. This Decision shall be published in the Official Journal. Done at Brussels, 4 December 1995. For the CouncilThe PresidentJ. SOLANA(1) OJ No L 286, 20. 11. 1993, p. 1. (2) OJ No L 339, 31. 12. 1993, p. 3. (3) OJ No L 134, 30. 5. 1994, p. 1. (4) OJ No L 205, 8. 8. 1994, p. 3. (5) OJ No L 326, 17. 12. 1994, p. 1.


Avis juridique important

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31978D0308

78/308/EEC: Commission Decision of 7 March 1978 on the Advisory Committee on Cereals

Official Journal L 076 , 18/03/1978 P. 0045 - 0045 Greek special edition: Chapter 03 Volume 20 P. 0159  Spanish special edition: Chapter 03 Volume 13 P. 0254  Portuguese special edition Chapter 03 Volume 13 P. 0254

****( 1 ) OJ NO 72 , 8 . 8 . 1962 , P . 2026/62 .  ( 2 ) OJ NO L 355 , 24 . 12 . 1973 , P . 24 .    COMMISSION DECISION   OF 7 MARCH 1978   ON THE ADVISORY COMMITTEE ON CEREALS  ( 78/308/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   WHEREAS AN ADVISORY COMMITTEE ON CEREALS WAS SET UP BY COMMISSION DECISION OF 18 JULY 1962 ( 1 ), AS LAST AMENDED BY DECISION 73/414/EEC OF 31 OCTOBER 1973 ( 2 );   WHEREAS IN VIEW OF THE NEED FOR A MORE DIVERSIFIED REPRESENTATION OF CERTAIN ECONOMIC INTERESTS , WHICH SHOULD BE REFLECTED IN THE COMPOSITION OF THE COMMITTEE , THE TEXT SHOULD BE FURTHER AMENDED ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   ARTICLE 3 OF THE DECISION OF 18 JULY 1962 IS HEREBY AMENDED AS FOLLOWS :   ' ARTICLE 3   1 .  THE COMMITTEE SHALL CONSIST OF 46 MEMBERS .   2 .  SEATS ON THE COMMITTEE SHALL BE APPORTIONED AS FOLLOWS :   -  16 TO REPRESENTATIVES OF CEREAL PRODUCERS ,   -  SEVEN TO REPRESENTATIVES OF CEREAL PRODUCERS ' COOPERATIVES AND OF CEREAL PROCESSORS '  COOPERATIVES ,   -  SEVEN TO REPRESENTATIVES OF THE CEREAL PROCESSING AND FOOD-MANUFACTURING INDUSTRIES , OF WHOM :   -  ONE SHALL REPRESENT THE MILLING AND MAIZE INDUSTRIES ,   -  ONE SHALL REPRESENT THE SEMOLINA INDUSTRY ,   -  ONE SHALL REPRESENT THE MALTING AND BREWING INDUSTRIES ,   -  TWO SHALL REPRESENT OTHER FOOD INDUSTRIES USING CEREALS ,   -  TWO SHALL REPRESENT THE STARCH AND FEEDINGSTUFFS INDUSTRIES ,   -  FIVE TO REPRESENTATIVES OF THE WHOLESALE CEREAL TRADE ,   -  FIVE TO REPRESENTATIVES OF AGRICULTURAL WORKERS AND OF WORKERS IN THE PROCESSING AND FOOD-MANUFACTURING INDUSTRY ,   -  SIX TO CONSUMERS '  REPRESENTATIVES . '   ARTICLE 2   THIS DECISION SHALL ENTER INTO FORCE ON 7 MARCH 1978 .   DONE AT BRUSSELS , 7 MARCH 1978 .   FOR THE COMMISSION   FINN GUNDELACH   VICE-PRESIDENT


title: 2008/363/EC: Council Decision of 14 April 2008 extending Decision 2005/321/EC concluding the consultation procedure with the Republic of Guinea under Article 96 of the Cotonou Agreement

text:
               9.5.2008

               EN

               Official Journal of the European Union

               L 125/29

      COUNCIL DECISION

   of 14 April 2008
   extending Decision 2005/321/EC concluding the consultation procedure with the Republic of Guinea under Article 96 of the Cotonou Agreement
   (2008/363/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), and revised in Luxembourg on 25 June 2005 (2), and in particular Article 96 thereof,
   Having regard to the internal agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3), and in particular Article 3 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Decision 2005/321/EC (4) lays down a period of validity of 36 months from the date of its adoption for monitoring the appropriate measures and is due to expire on 14 April 2008.

               (2)

               At the end of this monitoring period, a number of undertakings have been fulfilled and the main undertakings still outstanding have given rise to concrete initiatives. Nevertheless, several important measures concerning essential elements of the Cotonou Agreement have yet to be implemented,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The validity of Decision 2005/321/EC is hereby extended for 12 months. It shall be reviewed every six months.
   The letter addressed to the Prime Minister of the Republic of Guinea is attached to this Decision.
   Article 2
   The measures adopted by Decision 2005/321/EC as part of the appropriate measures within the meaning of Article 96(2)(c) of the Cotonou Agreement shall remain unchanged.
   Article 3
   This Decision shall enter into force on the day of its adoption.
   It shall expire on 14 April 2009.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 14 April 2008.

            For the Council

            The President

         I. JARC

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

      (2)  OJ L 287, 28.10.2005, p. 4.

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

      (4)  OJ L 104, 23.4.2005, p. 33.

      ANNEX
      Letter for the attention of the Prime Minister, Head of Government of the Republic of Guinea
      Sir,
      The European Union attaches great importance to the provisions of Article 9 of the Cotonou Agreement. Respect for human rights, democratic principles and the rule of law, on which the ACP-EU partnership is based, constitute the essential elements of that Agreement and, consequently, the basis of our relations.
      In 2004 the European Union took the view that the political situation in Guinea violated these essential elements and in July 2004 it initiated consultations under Article 96 of the Agreement. These consultations gave rise to conclusions of which the Head of Government was informed by an earlier letter, 14 April 2005.
      The appropriate measures provided for a monitoring period of 36 months which ends on 14 April 2008. During this period, reinforced political dialogue took place, which saw, amongst other things, four joint follow-up missions by the Council and the Commission in May 2005, February 2006, May 2007 and March 2008, and the visit of Commissioner Michel in October 2006. At the end of December 2006, in view of the progress made, the European Union decided to make available to Guinea envelope A of the 9th EDF, representing an amount of EUR 85,8 million.
      The last follow-up mission was thus able to confirm that the measures carried out by the Guinean authorities are proceeding in a generally positive direction, particularly in terms of the electoral process, strongly backed by the European Union, and in the field of macroeconomic policies. However, the organisation of the parliamentary elections, including fixing a date for them, which is one of the main undertakings given by the Guinean Government, has not yet been finalised. In view of the action currently being taken, these undertakings will likely be fulfilled within 12 months.
      Aware of the positive action undertaken in Guinea and of what has still to be done, the European Union has decided to extend the monitoring period for the Decision of 14 April 2005 to 48 months so as to enable the Guinean authorities to fulfil all the undertakings given. This Decision may be reviewed at any time depending on how the situation develops.
      The appropriate measures of which we informed you in our letter of 14 April 2005 still apply.
      Yours faithfully,

         Done at Brussels,

               For the Commission

               For the Council


title: Decision No H5 of 18 March 2010 concerning cooperation on combating fraud and error within the framework of Council Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council on the coordination of social security systems  Text of relevance to the EEA and to the EC/Switzerland Agreement

text:
               8.6.2010

               EN

               Official Journal of the European Union

               C 149/5

         DECISION No H5
   of 18 March 2010
   concerning cooperation on combating fraud and error within the framework of Council Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council on the coordination of social security systems
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2010/C 149/05
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council (2),
   Having regard to Article 76 of Regulation (EC) No 883/2004,
   Having regard to Articles 2(2), 20, 52 and 87(3) of Regulation (EC) No 987/2009,
   Whereas:

               (1)

               Competent authorities and institutions are required by Article 76 of Regulation (EC) No 883/2004 to cooperate to ensure the correct implementation of the Regulation.

               (2)

               Measures to combat fraud and error are closely linked to the branches of social security as defined by Article 3(1) of Regulation (EC) No 883/2004 and at guaranteeing that contributions are paid to the right Member State and that benefits are not unduly granted or fraudulently obtained.

               (3)

               Action to combat fraud and error is therefore part of the proper implementation of Regulations (EC) No 883/2004 and (EC) No 987/2009.

               (4)

               Closer and more effective cooperation between competent authorities and institutions is a key factor in taking action to combat fraud and error.

               (5)

               The identification of persons is of fundamental importance to the administration of the Regulations, both in terms of tracing persons in an institution's database and in ensuring persons are who they claim to be.

               (6)

               Article 3(3) of Regulation (EC) No 987/2009 underlines that, when collecting, transmitting or processing personal data pursuant to their legislation for purposes of implementing the Regulations, Member States shall ensure that the persons concerned are able to exercise fully their rights regarding personal data protection in accordance with Community provisions on the protection of individuals with regard to the processing of personal data and the free movement of such data.

               (7)

               Article 5(3) of Regulation (EC) No 987/2009 permits the competent institution, where there is doubt, to request the institution of the place of stay or residence to verify information provided by the person concerned or the validity of a document.

               (8)

               Effective cooperation to combat fraud and error involves building on the mechanisms for providing information on changes of applicable legislation and in Articles 20 and 52 of Regulation (EC) No 987/2009.
               Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004.

         HAS DECIDED AS FOLLOWS:

      General issues

               1.

               The authorities and institutions of the Member States shall, for the purposes of the correct implementation of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009, cooperate in relation to combating fraud and error.

               2.

               The Administrative Commission shall, once a year, discuss cooperation on fraud and error issues. This discussion will be based on voluntary reporting from Member States about their experience and progress in this field. The suggested content for such reports is listed in Annex 1.

               3.

               Member States shall nominate a point of contact for fraud and error to whom either risks of fraud and abuse, or systematic difficulties which cause delays and error, can be reported by competent authorities or institutions. This contact point shall be included in a list to be published by the Secretariat of the Administrative Commission.

      Error

               4.

               In order to limit the risks of error, competent authorities and institutions shall take steps to ensure that the timely and correct provision of information is achieved, in particular when using the system for the Electronic Exchange of Social Security Information. To this end, competent authorities and institutions should:

                           (a)

                           make sure that the information sent electronically via Standard Electronic Documents to authorities or institutions of other Member States is subject to a quality control process, especially with regard to the identification of the person concerned and the PIN number; and

                           (b)

                           report to the Technical Commission and Administrative Commission on any systematic difficulties, which cause delays or errors, in exchanging information for the purposes of the Regulations.

      Reporting of death

               5.

               As regards cooperation in relation to the reporting of death:

                           (a)

                           Member States shall share through the Administrative Commission any innovative practices they have introduced in this field, or report any obstacles in securing cooperation on this issue;

                           (b)

                           Member States shall review their practices as regards combating the non-reporting of death in cross-border cases in order to ensure that insofar as possible such practices are consistent with best practice in this area. A list of identified best practices is contained in Annex 2.

                           (c)

                           Requests for information from institutions or competent authorities concerning the reporting of death shall be dealt with as quickly as possible by the receiving party.

      Requests for Information

               6.

               Taking into account the requirement to act in accordance with Community provisions on the protection of individuals with regard to the processing of personal data and the free movement of such data, competent authorities and institutions shall cooperate with requests from other Member States for information aimed at tackling fraud and ensuring the correct implementation of the Regulations. They shall undertake a careful assessment of the legal position before any such request is refused on data protection grounds.

               7.

               Where a request for information aimed at tackling fraud and error concerns data related to the implementation of the coordination Regulations, but is not being handled directly by an institution or competent authority, the institution or competent authority shall assist the requesting institution or authority in identifying a third party as the appropriate source of information and lend its good offices in any negotiations with that third party.

      Review Clause

               8.

               This Decision shall be reviewed at the latest by the end of the second year following its entry into force.

               9.

               This Decision shall be published in the Official Journal of the European Union. It shall apply from the first day of the second month after its publication.

            The Chair of the Administrative Commission

         José Maria MARCO GARCÍA

      (1)  OJ L 166, 30.4.2004, p. 1.

      (2)  OJ L 284, 30.10.2009, p. 1.

      ANNEX 1

         Matters to be covered, inter alia, in annual reports from the Member States on fraud and error

                  1.

                  Steps taken throughout the year to combat fraud and error in cases determined under the Regulations;

                  2.

                  Specific problems in implementing the coordination rules which may lead at least to risks of fraud and error;

                  3.

                  Agreements and bilateral cooperation arrangements with other EU Member States entered into for the purposes of combating fraud and error;

                  4.

                  In the field of benefits in kind, steps taken to promote compliance by institutions and healthcare providers with the coordination rules and to provide information to citizens.

      ANNEX 2

         Best practices as regards combating the non-reporting of death in cross-border cases
          (1)

                  Setting up a system for direct notification of death by the host state

                  Data-matching

                  Requesting an administrative check from the host state

                  Access to reports of death between health institutions

                  Life certification

                  Providing direct physical presence in the host state

         (1)  A fuller account of these best practices can be found in Section 9.2 of the Report of the Administrative Commission Ad Hoc Follow-up Group on Combating Fraud and Error of 16 November 2009, published as CASSTM Note 560/09.


title: 2008/357/EC: Commission Decision of 23 April 2008 on specific child safety requirements to be met by European standards for lighters pursuant to Directive 2001/95/EC of the European Parliament and of the Council (Text with EEA relevance)

text:
               7.5.2008

               EN

               Official Journal of the European Union

               L 120/11

      COMMISSION DECISION

   of 23 April 2008
   on specific child safety requirements to be met by European standards for lighters pursuant to Directive 2001/95/EC of the European Parliament and of the Council
   (Text with EEA relevance)
   (2008/357/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, (1) and in particular Article 4(1)(a),
   Whereas:

               (1)

               Directive 2001/95/EC lays down the obligation for producers to place only safe products on the market.

               (2)

               According to Directive 2001/95/EC a product shall be presumed safe, as far as the risks and risk categories covered by relevant national standards are concerned, when it conforms to voluntary national standards transposing European standards.

               (3)

               Directive 2001/95/EC provides that European standards should be established by European standardisation bodies. Such standards should ensure that products satisfy the general safety requirement of the Directive.

               (4)

               Lighters are inherently dangerous products since they produce a flame or heat and because they contain a flammable liquid or gas, often under pressure. The most evident potential risks associated with the misuse of lighters are fires, burns and bursts that can lead to an explosion in the presence of a heat source.

               (5)

               Lighters are not intended for children. Nevertheless, misuse of lighters, especially by young children, is not infrequent and must be considered when assessing the safety of such products. This is particularly relevant for disposable lighters, which are sold in huge numbers, often in multi-packs and used by consumers as low-value, throwaway products, as well as for lighters which are particularly appealing to young children because they have a shape or entertaining features considered attractive for children.

               (6)

               Misuse of lighters by young children may lead to fires causing considerable personal and economic damages, including deaths. Therefore, lighters present a serious risk with regard to the misuse by children.

               (7)

               In 1998 the Commission issued standardisation mandate No M/266 to CEN relative to the safety of consumers and children with respect to lighters, which resulted in the European Standard EN 13869:2002: Lighters — Child-resistance for lighters — Safety requirements and test methods.

               (8)

               Given the fact that the health and safety of consumers is endangered, in particular, by the ability and likelihood of young children to operate and misuse lighters, and that this risk can be eliminated effectively only by appropriate measures applicable at Community level, the Commission adopted on 11 May 2006 Decision 2006/502/EC (2) under the provisions of Article 13 of Directive 2001/95/EC requiring Member States to take measures to ensure that only lighters which are child-resistant are placed on the market and to prohibit the placing on the market of novelty lighters.

               (9)

               Given the fact that Decisions adopted under Article 13 of Directive 2001/95/EC are temporary measures with a validity of maximum one year, and may be prolonged by periods of maximum one year each, the Commission adopted on 12 April 2007 Decision 2007/231/EC (3) extending the validity of Decision 2006/502/EC by one year.

               (10)

               Although EN 13869 has not been referenced in the Official Journal in accordance with the provisions of Directive 2001/95/EC, Commission Decision 2006/502/EC does give presumption of conformity to lighters which conform to national standards transposing EN 13869.

               (11)

               In view of the need to make use of appropriate technical solutions for the evaluation of the child safety requirements of lighters, the Member States and the Commission, in co-operation with the European standardisation organisations and after consultation of stakeholders, have identified the need for a revision of EN 13869.

               (12)

               The main problem identified with the current standard is the reliance on child panel testing for verifying whether a lighter is indeed child-resistant. While child panel testing has shown to be a reliable method, it would be appropriate to identify alternative methods for determining the child resistance of lighters, provided any alternatives are at least as effective and reliable. Next to this, the existing definition of lighters which are particularly appealing to children (novelty lighter) is open to interpretation, which may lead to an uneven application of the ban on such lighters. Finally, a number of other issues need to be addressed to allow the standard to completely satisfy its role by providing the appropriate technical solutions.

               (13)

               The specific child safety requirements for lighters should be drawn up under the provisions of article 4 of Directive 2001/95/EC, with the aim to request the standardisation bodies to revise EN 13869, according to the procedure laid down in Directive 98/34/EC (4) for the provision of information in the field of technical standards and regulations, and to allow the publication in the Official Journal of the revised standard.

               (14)

               Once the reference to the revised standard has been published in the Official Journal, lighters manufactured in compliance with the standard shall be presumed to conform to the general safety requirement of Directive 2001/95/EC on general product safety, as far as the specific child safety requirements covered by the standard are concerned.

               (15)

               The measures provided for in this Decision are in accordance with the opinion of the Committee set up under Directive 2001/95/EC,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Purpose
   The purpose of this Decision is to establish the requirements on the basis of which the Commission may request the relevant standardisation bodies to amend the relevant standard for lighters.
   For the purposes of this Decision:

               ‘lighter’ shall mean a manually operated flame-producing device employing a fuel, normally used for deliberately igniting in particular cigarettes, cigars and pipes, and which may foreseeably be used to ignite materials such as paper, wicks, candles and lanterns, manufactured with an integral supply of fuel, whether intended to be refueled or not.

               ‘child-resistant lighter’ shall mean a lighter designed and manufactured in such a way that it cannot, under normal or reasonably foreseeable conditions of use, be operated by children younger than 51 months of age because of, for instance, the force needed to operate it or because of its design or the protection of its ignition mechanism, or the complexity or sequence of operations needed for the ignition.

               ‘child-appealing lighter’ shall mean a lighter whose design resembles by any means to another object commonly recognised as appealing to, or intended for use by, children younger than 51 months of age.

         Article 2
   Requirements
   (1)   For the purpose of Article 4 of Directive 2001/95/EC, the specific child safety requirements for lighters shall be the following:

               (a)

               Lighters shall be child-resistant to minimise the ability and likelihood of children younger than 51 months of age to operate them;

               (b)

               Lighters shall not be appealing to children younger than 51 months of age.

         (2)   Paragraph 1(a) shall not apply to lighters intended to be refuelled for which producers provide on request to the competent authorities the necessary documentation substantiating that the lighters are designed, manufactured and placed on the market such as to ensure a continual expected safe use over a lifetime of at least five years, subject to repair, and which fulfil in particular all of the following requirements:

               (a)

               a written guarantee from the producer of at least two years for each lighter, in accordance with Directive 1999/44/EC of the European Parliament and of the Council (5);

               (b)

               the practical possibility to be repaired and safely refilled over the entire lifetime, including in particular a repairable ignition mechanism;

               (c)

               parts that are not consumable, but are likely to wear out or fail in continual use after the guarantee period, are accessible for replacement or repair by an authorised or specialised after-sales service centre based in the European Union.

      Done at Brussels, 23 April 2008.

            For the Commission

         Meglena KUNEVA

            Member of the Commission

      (1)  OJ L 11, 15.1.2002, p. 4.

      (2)  OJ L 198, 20.7.2006, p. 41.

      (3)  OJ L 99, 14.4.2007, p. 16.

      (4)  OJ L 204, 21.7.1998, p. 37.

      (5)  OJ L 171, 7.7.1999, p. 12.


title: 2010/298/CFSP: Council Decision 2010/298/CFSP of 25 May 2010 amending and extending Joint Action 2008/112/CFSP on the European Union mission in support of security sector reform in the Republic of Guinea-Bissau (EU SSR GUINEA-BISSAU)

text:
               26.5.2010

               EN

               Official Journal of the European Union

               L 127/16

         COUNCIL DECISION 2010/298/CFSP
   of 25 May 2010
   amending and extending Joint Action 2008/112/CFSP on the European Union mission in support of security sector reform in the Republic of Guinea-Bissau (EU SSR GUINEA-BISSAU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28 and Article 43(2) thereof,
   Whereas:

               (1)

               On 12 February 2008, the Council adopted Joint Action 2008/112/CFSP on the European Union mission in support of security sector reform in the Republic of Guinea-Bissau (EU SSR GUINEA-BISSAU) (1). That Joint Action was to apply until 31 May 2009.

               (2)

               On 18 May 2009, the Council adopted Joint Action 2009/405/CFSP (2), which amended Joint Action 2008/112/CFSP and extended it until 30 November 2009. On 17 November 2009 the Council adopted Joint Action 2009/841/CFSP (3), which amended Joint Action 2008/112/CFSP and extended it until 31 May 2010.

               (3)

               On 5 February 2010 the Political and Security Committee (PSC) endorsed the continuation of the EU engagement in SSR in Guinea-Bissau and requested planning of a new Common Security and Defence Policy (CSDP) mission supporting implementation of SSR.

               (4)

               By letter dated 22 February 2010, the Prime Minister of Guinea-Bissau invited the High Representative of the Union for Foreign Affairs and Security Policy (HR) to launch a new mission with a mandate to provide training, guidance and advice to ensure successful continuation of SSR process.

               (5)

               Following the 1 April 2010 events and the launch, on 19 April 2010, of an EU political demarche vis-à-vis the Guinea-Bissau authorities, on 30 April 2010 the PSC agreed that, in order to ensure coherence across EU external policy instruments, the mandate of EU SSR GUINEA-BISSAU should be extended until 30 September 2010 with a view to making a final decision on further CSDP engagement in Guinea-Bissau by July 2010, based on a strategic review and on developments on the ground. In this context, the PSC recalled and reaffirmed the pre-conditions for further EU engagement in the field of SSR, including respect for democratic principles, human rights and the rule of law.

               (6)

               Joint Action 2008/112/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Joint Action 2008/112/CFSP is hereby amended as follows:

               1.

               Article 1(1) is replaced by the following:
               ‘1.   The European Union (EU) hereby establishes an EU Mission in support of security sector reform in the Republic of Guinea-Bissau (hereinafter referred to as “EU SSR GUINEA-BISSAU” or the “Mission”), comprising a preparatory phase beginning on 26 February 2008 and with an implementation phase beginning no later than 1 May 2008. The duration of the Mission will be up to 28 months from the declaration of initial operational capability.’;

               2.

               Article 9(1) is replaced by the following:
               ‘1.   The financial reference amount to cover the expenditure related to the Mission for the period from 26 February 2008 to 30 November 2009 shall be EUR 5 650 000.
               The financial reference amount to cover the expenditure related to the Mission for the period from 1 December 2009 to 30 June 2010 shall be EUR 1 530 000.
               The financial reference amount to cover the expenditure related to the Mission for the period from 1 July 2010 to 30 September 2010 shall be EUR 630 000.’;

               3.

               In Article 17, the second paragraph shall be replaced by the following:
               ‘It shall apply until 30 September 2010.’.

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

      Done at Brussels, 25 May 2010.

            For the Council

            The President

         M. SEBASTIÁN

      (1)  OJ L 40, 14.2.2008, p. 11.

      (2)  OJ L 128, 27.5.2009, p. 60.

      (3)  OJ L 303, 18.11.2009, p. 70.


Avis juridique important

|

32002D1247

Decision No 1247/2002/EC of the European Parliament, of the Council and of the Commission of 1 July 2002 on the regulations and general conditions governing the performance of the European Data-protection Supervisor's duties

Official Journal L 183 , 12/07/2002 P. 0001 - 0002

Decision No 1247/2002/EC of the European Parliament, of the Council and of the Commissionof 1 July 2002on the regulations and general conditions governing the performance of the European Data-protection Supervisor's dutiesTHE EUROPEAN PARLIAMENT, THE COUNCIL OF THE EUROPEAN UNION AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(1), and in particular Article 43 thereof,Having regard to the proposal from the Commission(2),Whereas:(1) The European Data-protection Supervisor is the independent supervisory body entrusted with monitoring the application to Community institutions and bodies of Community instruments relating to the protection of natural persons as regards the processing of personal data and the free movement of such data.(2) The data protection rules are designed to protect the fundamental rights and freedoms of individuals, in particular their private and family life, with regard to processing of personal data, in particular in accordance with Article 6 of the Treaty on European Union and with due regard to Articles 7 and 8 of the European Union Charter of Fundamental Rights. Those fundamental rights are to be interpreted, under the case law of the Court of Justice of the European Communities, in the light of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the constitutional traditions common to the Member States. The objective of data protection must be met while taking into account the objective of not restricting the information available to citizens about public activities.(3) The effective establishment of this independent supervisory body calls for the regulations and general conditions governing the performance of the duties of the European Data-protection Supervisor and of the Assistant Supervisor to be laid down.(4) Most of the elements to be included in the regulations and general conditions governing the performance of the duties of the European Data-protection Supervisor are already contained in Regulation (EC) No 45/2001. It contains the necessary provisions for the appointment of the European Data-protection Supervisor and of the Assistant Supervisor, for their human and financial resources, their independence, their obligation of professional secrecy, their duties and their powers. The Rules of Procedure of the European Data-protection Supervisor, required by Article 46(k) of Regulation (EC) No 45/2001, should contain, in particular, procedural provisions governing the manner in which he is to exercise his powers.(5) The European Data-protection Supervisor is bound by Community law and should comply with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(3). He should thus be bound by the provisions of the Treaty concerning the protection of fundamental rights and freedoms, establishing that decision-making in the Union is to be as open as possible and providing for protection of personal data, in particular the right to privacy.(6) The financial framework of this Decision should be compatible with the current ceiling of heading 5.(7) Only two major aspects of the regulations are not contained in Regulation (EC) No 45/2001 and thus remain to be clarified. They concern the fixing of the salary of the Supervisor and the Assistant Supervisor, their allowances and any benefits in lieu of remuneration, and the seat of the Supervisor. The provisions of Regulation (EC) No 45/2001 on the procedure for appointing the European Data-protection Supervisor and the Assistant Supervisor should also be clarified.(8) The European Data-protection Supervisor should have remuneration on the same level as the European Ombudsman, given the need to ensure that the Supervisor has a status commensurate with his duties and powers, and the fact that Regulation (EC) No 45/2001 largely follows the example of the European Ombudsman in defining the institutional profile of the Supervisor. The European Ombudsman is on a par with a judge of the Court of Justice as regards remuneration, allowances and retirement pension.(9) The Assistant Supervisor should be placed on the same footing as the Registrar of the Court of Justice as regards remuneration, allowances and retirement pension, so as to establish a hierarchy between him/her and the European Supervisor, while making them both subject to the same type of emoluments, in keeping with their appointment procedure, their term of office and their duties.(10) The seat of the European Data-protection Supervisor should be established in Brussels, so as to ensure the proximity which, by the nature of his/her tasks, must exist between the European Supervisor and the Community institutions and bodies subject to his/her supervision, and in order to facilitate the smooth performance of his/her duties.(11) Consideration will need to be given to the extent to which cooperation with supervisory data-protection bodies established pursuant to Title VI of the Treaty on European Union, as provided for in Article 46(f) of Regulation (EC) No 45/2001, will serve to attain the aim of ensuring consistency in the application of data protection supervisory rules and procedures.(12) The competent committee of the European Parliament may decide to hold a hearing, open to all Members of Parliament, of the candidates placed on the list drawn up by the Commission in accordance with Article 42(1) of Regulation (EC) No 45/2001 following a public call for candidates,HAVE DECIDED AS FOLLOWS:Article 1Remuneration of the European Data-protection SupervisorThe European Data-protection Supervisor shall be on a par with a judge of the Court of Justice of the European Communities as regards the determination of remuneration, allowances, retirement pension and any other benefit in lieu of remuneration.Article 2Remuneration of the Assistant SupervisorThe Assistant Supervisor shall be on a par with the Registrar of the Court of Justice of the European Communities as regards the determination of remuneration, allowances, retirement pension and any other benefit in lieu of remuneration.Article 3Appointment procedureThe European Data-protection Supervisor and the Assistant Supervisor shall be appointed following a public call for candidates. The call for candidates shall enable all interested parties throughout the Community to submit their applications. The list of candidates shall be public. On the basis of the list drawn up by the Commission in accordance with Article 42(1) of Regulation (EC) No 45/2001, the competent committee of the European Parliament may decide to arrange a hearing in order to enable it to express a preference.Article 4SeatThe European Data-protection Supervisor and the Assistant Supervisor shall have their seat in Brussels.Article 5This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 1 July 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentM. Arias CañeteFor the CommissionThe PresidentR. Prodi(1) OJ L 8, 12.1.2001, p. 1.(2) OJ C 304 E, 30.10.2001, p. 178.(3) OJ L 145, 31.5.2001, p. 43.


title: 2010/442/CFSP: Council Decision 2010/442/CFSP of 11 August 2010 extending the mandate of the European Union Special Representative in Bosnia and Herzegovina

text:
               12.8.2010

               EN

               Official Journal of the European Union

               L 211/26

         COUNCIL DECISION 2010/442/CFSP
   of 11 August 2010
   extending the mandate of the European Union Special Representative in Bosnia and Herzegovina
   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 11 March 2009, the Council adopted Joint Action 2009/181/CFSP (1) appointing Mr Valentin INZKO European Union Special Representative (hereinafter the EUSR) in Bosnia and Herzegovina until 28 February 2010.

               (2)

               On 22 February 2010, the Council adopted Decision 2010/111/CFSP (2) extending the mandate of the EUSR until 31 August 2010.

               (3)

               The mandate of the EUSR should be extended until 31 August 2011. However, 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 (hereinafter the HR) following the entry into force of the Decision establishing the European External Action Service.

               (4)

               The EUSR’s mandate should be implemented in coordination with the Commission in order to ensure consistency with other relevant activities falling within Union competence.

               (5)

               The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Valentin INZKO as the EUSR in Bosnia and Herzegovina (BiH) is hereby extended until 31 August 2011. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the HR following the entry into force of the Decision establishing the European External Action Service.
   Article 2
   Policy objectives
   The mandate of the EUSR shall be based on the policy objectives of the European Union (hereinafter ‘the EU’ or ‘the Union’) in BiH. These centre around continued progress in the implementation of the General Framework Agreement for Peace (GFAP) in BiH, in accordance with the Office of the High Representative’s Mission Implementation Plan, as well as continued progress in the Stabilisation and Association Process, with the aim of a stable, viable, peaceful and multiethnic BiH, cooperating peacefully with its neighbours and irreversibly on track towards EU membership.
   Article 3
   Mandate
   In order to achieve the policy objectives, the mandate of the EUSR shall be to:

               (a)

               offer the Union’s advice and facilitate the political process;

               (b)

               promote overall Union political coordination and contribute to the reinforcement of internal Union coordination and coherence in BiH, including through briefings to Union Heads of Mission and participation in, or representation at, their regular meetings; by chairing a coordination group composed of all Union actors present in the field with a view to coordinating the implementation aspects of the Union’s action, and by providing them with guidance on relations with the BiH authorities;

               (c)

               promote overall Union coordination of, and give local political direction to, Union efforts in tackling organised crime, without prejudice to the leading role of the European Union Police Mission (EUPM) in coordinating the policing aspects of such efforts and to the ALTHEA (EUFOR) military chain of command;

               (d)

               without prejudice to the military chain of command, offer the EU Force Commander political guidance on military issues with a local political dimension, in particular concerning sensitive operations, relations with local authorities and with the local media;

               (e)

               consult with the EU Force Commander before taking political action that may have an impact on the security situation;

               (f)

               ensure consistency and coherence of Union action towards the public; the EUSR spokesperson shall be the main EU point of contact for BiH media on Common Foreign and Security Policy/Common Security and Defence Policy (CFSP/CSDP) issues;

               (g)

               maintain an overview of the whole range of activities in the field of the rule of law and, in this context, provide the HR and the Commission with advice as necessary;

               (h)

               provide the Head of Mission of the EUPM with local political guidance; the EUSR and the Civilian Operation Commander shall consult each other as required;

               (i)

               as part of the broader approach to the rule of law taken by the international community and the BiH authorities and, drawing upon the EUPM’s provision of technical policing expertise and assistance in this respect, support the preparation and implementation of police restructuring;

               (j)

               provide support for a reinforced and more effective BiH criminal justice/police interface, in close liaison with the EUPM;

               (k)

               consult with the Head of the EUPM before taking political action that may have an impact on the police and security situation;

               (l)

               as far as activities regarding police and judicial cooperation in criminal matters, including Europol, and related Union activities are concerned, provide the HR and the Commission with advice as necessary, and take part in the required local coordination;

               (m)

               with a view to coherence and possible synergies, continue to be consulted on priorities for the Instrument of Pre-accession Assistance;

               (n)

               support the planning for a reinforced Union presence in the context of the closure of the Office of the High Representative (OHR), including providing advice on public information aspects of the transition, in close coordination with the Commission;

               (o)

               contribute to the development and consolidation of respect for human rights and fundamental freedoms in BiH, in accordance with the EU human rights policy and EU Guidelines on Human Rights;

               (p)

               engage with relevant BiH authorities on their full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY);

               (q)

               provide political advice and facilitation in the process of constitutional reform;

               (r)

               without prejudice to the applicable chains of command, provide help to ensure that all Union instruments in the field are applied coherently to attain the Union’s policy objectives.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate acting under the authority of the HR.
   2.   The Political and Security Committee (hereinafter the PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   Article 5
   High Representative
   The role of the EUSR shall not in any way prejudice the mandate of the High Representative in BiH, including his coordinating role with regard to all activities of all civilian organisations and agencies as set out in the General Framework Agreement for Peace (GFAP) and subsequent Peace Implementation Council (PIC) conclusions and declarations.
   Article 6
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 September 2010 to 31 August 2011 shall be EUR 3 700 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 7
   Constitution and composition of the team
   1.   Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of his team.
   2.   Member States and institutions of the Union may propose the secondment of staff to work with the EUSR. The salary of personnel who are seconded by a Member State or an institution of the Union to the EUSR shall be covered by the Member State or the institution of the Union concerned respectively. Experts seconded by Member States to the General Secretariat of the Council may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State or Union institution and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 8
   Privileges and immunities of the EUSR and his staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host party/parties, as appropriate. Member States and the Commission shall grant all necessary support to such effect.
   Article 9
   Security of EU classified information
   The EUSR and the members of his team shall respect the security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations (3), in particular when managing EU classified information.
   Article 10
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegation and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 11
   Security
   In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with his mandate and the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, notably by:

               (a)

               establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and a mission contingency and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

               (c)

               ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

         Article 12
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report as necessary to Council working parties. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports.
   Article 13
   Coordination
   1.   The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region as appropriate. The EUSR shall provide Member States’ missions and the Union’s delegations with regular briefings.
   In the field, close liaison shall be maintained with the Head of the Union delegation and Member States’ Heads of Mission. They shall make best efforts to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.
   2.   In support of Union crisis management operations, the EUSR, with other Union actors present in the field, shall improve the dissemination and sharing of information by those Union actors with a view to achieving a high degree of common situation awareness and assessment.
   Article 14
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the HR, the Council and the Commission with a progress report at the end of February 2011 and a comprehensive mandate implementation report at the end of the mandate.
   Article 15
   Entry into force
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 11 August 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  OJ L 67, 12.3.2009, p. 88.

      (2)  OJ L 46, 23.2.2010, p. 23.

      (3)  OJ L 101, 11.4.2001, p. 1.


title: 2008/152/EC: Council Decision of 18 February 2008 appointing a Spanish member and two Spanish alternate members to the Committee of the Regions

text:
               22.2.2008

               EN

               Official Journal of the European Union

               L 48/64

      COUNCIL DECISION

   of 18 February 2008
   appointing a Spanish member and two Spanish alternate members to the Committee of the Regions
   (2008/152/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Spanish Government,
   Whereas:

               (1)

               On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               A seat as a member of the Committee of the Regions has fallen vacant following the end of the mandate of Mr GALLEGO CUESTA. Two seats as alternate members have fallen vacant following the end of the mandates of Mr MARTÍN MALLÉN and Mr SUÁREZ RODRÍGUEZ,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which ends on 25 January 2010:

               (a)

               as a member:

                           —

                           Mr Pedro CASTRO VÁZQUEZ, Alcalde de Getafe (Madrid),

                     and

               (b)

               as alternate members:

                           —

                           Ms Esther MONTERRUBIO VILLAR, Comisionada para las Relaciones Exteriores del Gobierno de Aragón, Comunidad Autónoma de Aragón,

                           —

                           Mr Francisco DE LA TORRE PRADOS, Alcalde de Málaga.

         Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 18 February 2008.

            For the Council

            The President

         I. JARC

      (1)  OJ L 56, 25.2.2006, p. 75.


title: 2008/85/EC: Council Decision of 28 January 2008 appointing two Spanish alternate members of the Committee of the Regions

text:
               31.1.2008

               EN

               Official Journal of the European Union

               L 27/20

      COUNCIL DECISION

   of 28 January 2008
   appointing two Spanish alternate members of the Committee of the Regions
   (2008/85/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Spanish Government,
   Whereas:

               (1)

               On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               Two seats as alternate members of the Committee of the Regions have become vacant following the resignation of Mr MUÑOA GANUZA and Mr MORALES FEBLES,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed as alternate members of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

               —

               Mr Iñaki AGUIRRE ARIZMENDI, Secretario General de Acción Exterior, Comunidad Autónoma del País Vasco,
               and

               —

               Mr Julio César FERNÁNDEZ MATO, Secretario General de Relaciones Exteriores, Comunidad Autónoma de Galicia.

         Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 28 January 2008.

            For the Council

            The President

         D. RUPEL

      (1)  OJ L 56, 25.2.2006, p. 75.


title: 2011/815/CFSP: Political and Security Committee Decision EUTM Somalia/1/2011 of 6 December 2011 on the acceptance of third States’ contributions to the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia)

text:
               7.12.2011

               EN

               Official Journal of the European Union

               L 324/36

         POLITICAL AND SECURITY COMMITTEE DECISION EUTM SOMALIA/1/2011
   of 6 December 2011
   on the acceptance of third States’ contributions to the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia)
   (2011/815/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third subparagraph of Article 38 thereof,
   Having regard to Council Decision 2010/96/CFSP of 15 February 2010 on a European Union military mission to contribute to the training of Somali security forces (1) (EUTM Somalia), and in particular Article 8(2) thereof,
   Whereas:

               (1)

               The Commander of EUTM Somalia held Force Generation and Manning Conferences on 17 November 2008, 16 December 2008 and 19 March 2009.

               (2)

               Following recommendations on a contribution from Serbia to EUTM Somalia by the EU Mission Commander and the EU Military Committee (EUMC), the contribution from Serbia should be accepted.

               (3)

               In accordance with Article 5 of the Protocol (No 22) on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark does not, therefore, participate in the implementation of this Decision and in the financing of EUTM Somalia,

         HAS ADOPTED THIS DECISION:
   Article 1
   Third States’ contributions
   Taking into account the findings of the Force Generation and Manning Conferences of 17 November 2008, 16 December 2008 and 19 March 2009 and the recommendations by the EU Mission Commander and the EUMC, the contribution from Serbia to the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia) shall be accepted.
   Article 2
   Entry into force
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 6 December 2011.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 44, 19.2.2010, p. 16.


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41967D0446

67/446/EEC: 67/30/Euratom: Decision of the representatives of the Governments of the Member States on the provisional location of certain Institutions and departments of the Communities

Official Journal 152 , 13/07/1967 P. 0018 - 0020 Finnish special edition: Chapter 1 Volume 1 P. 0033  Swedish special edition: Chapter 1 Volume 1 P. 0033

++++THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES ,  HAVING REGARD TO ARTICLE 37 OF THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES ,  CONSIDERING THAT IT IS APPROPRIATE , AT THE TIME OF SETTING UP A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES , IN ORDER TO SETTLE CERTAIN PROBLEMS PECULIAR TO THE GRAND DUCHY OF LUXEMBOURG , TO DESIGNATE LUXEMBOURG AS THE PROVISIONAL PLACE OF WORK OF CERTAIN INSTITUTIONS AND DEPARTMENTS , WITHOUT PREJUDICE TO THE APPLICATION OF ARTICLE 77 OF THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , ARTICLE 216 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , ARTICLE 189 OF THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY AND OF THE SECOND PARAGRAPH OF ARTICLE 1 OF THE PROTOCOL ON THE STATUTE OF THE EUROPEAN INVESTMENT BANK  HAVE DECIDED :  ARTICLE 1  LUXEMBOURG , BRUSSELS AND STRASBOURG SHALL REMAIN THE PROVISIONAL PLACES OF WORK OF THE INSTITUTIONS OF THE COMMUNITIES .  ARTICLE 2  DURING THE MONTHS OF APRIL , JUNE AND OCTOBER , THE COUNCIL SHALL HOLD ITS SESSIONS IN LUXEMBOURG .  ARTICLE 3  THE COURT OF JUSTICE SHALL REMAIN IN LUXEMBOURG .  THERE SHALL ALSO BE LOCATED IN LUXEMBOURG THE JUDICIAL AND QUASI-JUDICIAL BODIES , INCLUDING THOSE COMPETENT TO APPLY THE RULES ON COMPETITION , ALREADY EXISTING OR YET TO BE SET UP PURSUANT TO THE TREATIES ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , THE EUROPEAN ECONOMIC COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY , OR TO CONVENTIONS CONCLUDED WITHIN THE FRAMEWORK OF THE COMMUNITIES , WHETHER BETWEEN MEMBER STATES OR WITH THIRD COUNTRIES .  ARTICLE 4  THE GENERAL SECRETARIAT OF THE ASSEMBLY AND ITS DEPARTMENTS SHALL REMAIN IN LUXEMBOURG .  ARTICLE 5  THE EUROPEAN INVESTMENT BANK SHALL BE LOCATED IN LUXEMBOURG , WHERE ITS GOVERNING BODIES SHALL MEET AND ALL ITS ACTIVITIES SHALL BE CARRIED ON .  THIS PROVISION RELATES IN PARTICULAR TO THE DEVELOPMENT OF ITS PRESENT ACTIVITIES , ESPECIALLY THOSE MENTIONED IN ARTICLE 130 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , TO THE POSSIBLE EXTENSION OF THOSE ACTIVITIES TO OTHER FIELDS AND TO SUCH NEW TASKS AS MAY BE ASSIGNED TO THE BANK .  AN OFFICE FOR LIAISON BETWEEN THE COMMISSION AND THE EUROPEAN INVESTMENT BANK SHALL BE LOCATED IN LUXEMBOURG , WITH THE PARTICULAR TASK OF FACILITATING THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND .  ARTICLE 6  THE MONETARY COMMITTEE SHALL MEET IN LUXEMBOURG AND IN BRUSSELS .  ARTICLE 7  THE FINANCIAL DEPARTMENTS OF THE EUROPEAN COAL AND STEEL COMMUNITY SHALL BE LOCATED IN LUXEMBOURG . THESE COMPRISE THE DIRECTORATE-GENERAL FOR CREDIT AND INVESTMENTS , THE DEPARTMENT RESPONSIBLE FOR COLLECTING THE LEVY AND THE ACCOUNTS DEPARTMENTS ATTACHED THERETO .  ARTICLE 8  AN OFFICIAL PUBLICATIONS OFFICE OF THE EUROPEAN COMMUNITIES WITH A JOINT SALES OFFICE AND A MEDIUM - AND LONG-TERM TRANSLATION SERVICE ATTACHED SHALL BE LOCATED IN LUXEMBOURG .  ARTICLE 9  FURTHER , THE FOLLOWING DEPARTMENTS OF THE COMMISSION SHALL BE LOCATED IN LUXEMBOURG :   ( A ) THE STATISTICAL OFFICE AND THE DATA-PROCESSING DEPARTMENT ;   ( B ) THE HYGIENE AND INDUSTRIAL SAFETY DEPARTMENTS OF THE EUROPEAN ECONOMIC COMMUNITY AND OF THE EUROPEAN COAL AND STEEL COMMUNITY ;   ( C ) THE DIRECTORATE-GENERAL FOR THE DISSEMINATION OF INFORMATION , THE DIRECTORATE FOR HEALTH PROTECTION AND THE DIRECTORATE FOR SAFEGUARDS OF THE EUROPEAN ATOMIC ENERGY COMMUNITY ;  AND THE APPROPRIATE ADMINISTRATIVE AND TECHNICAL INFRASTRUCTURE .  ARTICLE 10  THE GOVERNMENTS OF THE MEMBER STATES ARE WILLING TO LOCATE IN LUXEMBOURG , OR TO TRANSFER THERETO , OTHER COMMUNITY BODIES AND DEPARTMENTS , PARTICULARLY THOSE CONCERNED WITH FINANCE , PROVIDED THAT THEIR PROPER FUNCTIONING CAN BE ENSURED .  TO THIS END , THEY REQUEST THE COMMISSION TO PRESENT TO THEM ANNUALLY A REPORT ON THE CURRENT SITUATION CONCERNING THE LOCATION OF COMMUNITY BODIES AND DEPARTMENTS AND ON THE POSSIBILITY OF TAKING NEW STEPS TO GIVE EFFECT TO THIS PROVISION , ACCOUNT BEING TAKEN OF THE NEED TO ENSURE THE PROPER FUNCTIOM OF THE COMMUNITIES .  ARTICLE 11  IN ORDER TO ENSURE THE PROPER FUNCTIONING OF THE EUROPEAN COAL AND STEEL COMMUNITY , THE COMMISSION IS REQUESTED TO TRANSFER THE VARIOUS DEPARTMENTS IN A GRADUAL AND COORDINATED MANNER , TRANSFERRING LAST THE DEPARTMENTS WHICH MANAGE THE COAL AND STEEL MARKETS .  ARTICLE 12  SUBJECT TO THE PRECEDING PROVISIONS , THIS DECISION SHALL NOT AFFECT THE PROVISIONAL PLACES OF WORK OF THE INSTITUTIONS AND DEPARTMENTS OF THE EUROPEAN COMMUNITIES , AS DETERMINED BY PREVIOUS DECISIONS OF THE GOVERNMENTS , NOR THE REGROUPING OF DEPARTMENTS OCCASIONED BY THE ESTABLISHING OF A SINGLE COUNCIL AND A SINGLE COMMISSION .  ARTICLE 13  THIS DECISION SHALL ENTER INTO FORCE ON THE SAME DATE AS THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES .


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41957D0831(01)

ECSC Council of Ministers: Decision concerning the terms of reference and rules of procedure of the Mines Safety Commission

Official Journal 028 , 31/08/1957 P. 0487 - 0490 Finnish special edition: Chapter 5 Volume 1 P. 0003  Swedish special edition: Chapter 5 Volume 1 P. 0003  Danish special edition: Series I Chapter 1952-1958 P. 0050  English special edition: Series I Chapter 1952-1958 P. 0050  Greek special edition: Chapter 05 Volume 1 P. 0003  Spanish special edition: Chapter 05 Volume 1 P. 0003  Portuguese special edition Chapter 05 Volume 1 P. 0003

DECISION concerning the terms of reference and rules of procedure of the Mines Safety Commission Having noted the recommendations adopted by the Conference on Safety in Coal Mines and the proposals submitted by the High Authority in the light of the final report of this Conference, which constitute a useful basis for the improvement of safety in coal mines;  Having regard to their decisions taken at the 36th and 42nd Sessions of the Council on 6 September 1956 and 9 and 10 May 1957 to create the Mines Safety Commission;  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE SPECIAL COUNCIL OF MINISTERS,   - define the terms of reference of that Safety Commission as follows:    1. The Safety Commission shall follow developments in safety in coal mines, including safety regulations made by the public authorities, and shall assemble the necessary information on progress made and practical results obtained, particularly in the field of accident prevention.  In order to obtain the necessary information, the Safety Commission shall apply to the Governments concerned.  The Safety Commission shall make use of the information in its possession, and shall submit proposals to the Governments for the improvement of safety in coal mines.       2. The Safety Commission shall assist the High Authority in seeking a method of compiling comparable statistics on accidents.       3. The Safety Commission shall ensure that the appropriate information assembled by it is swiftly communicated to the quarters concerned (in particular the administrative bodies in mines, and employers' and workers' organisations).       4. The Safety Commission shall, by regular contact with the Governments, keep itself informed of steps taken to follow up proposals made by the Conference on Safety in Coal Mines, and also those drawn up by itself.       5. The Safety Commission shall propose such studies and research as seem to it to be most appropriate for improving safety, and shall specify how best they may be put into effect.       6. The Safety Commission shall facilitate the exchange of information and of experience between the persons responsible for safety, and shall propose measures appropriate to such end (e.g. study visits, setting up of documentation services).       7. The Safety Commission shall propose suitable measures for establishing the necessary liaison between the rescue services of the Community countries.       8. The Safety Commission shall submit an annual report to the Governments meeting within the Council, and to the High Authority, on its activities and on developments in the field of safety in the coal mines of the various Member States. At such time it shall in particular study the statistics compiled on the subject of accidents and incidents in coal mines:      - lay down the rules of procedure for this Commission which are annexed to the present Decision,           - request the High Authority to ensure that this Commission commence work with the least possible delay.             This Decision was adopted at the 44th Session of the Council, held on 9 July 1957.  For the Council  The President  J. REY    ANNEX RULES OF PROCEDURE of the Mines Safety Commission   Chairmanship   Article 1  The chairmanship of the Mines Safety Commission shall be held by a member of the High Authority of the European Coal and Steel Community.     Article 2  The Chairman shall direct the work of the Safety Commission in conformity with the present rules of procedure.    Composition   Article 3  The Safety Commission shall have twenty-four members appointed by the Governments (i.e. for each country four members consisting of two representatives of the national governments and one representative of employers and workers respectively).  Each Government shall communicate, in writing, to the Chairman, the list of names of the members whom it has appointed. Any alterations to that list shall be notified to the Chairman.  For every meeting of the Safety Commission each Government may appoint one or two advisers, whose names shall be communicated to the Chairman.    Participation of the International Labour Organisation   Article 4  Representatives of the International Labour Organisation shall be invited to participate in the work of the Safety Commission in an advisory capacity.    Participation of the United Kingdom   Article 5  Delegates appointed by the Government of the United Kingdom may participate in the work of the Safety Commission as observers.    Organisation A. SELECT COMMITTEE  Article 6  A Select Committee is hereby set up, composed of the Government representatives on the Safety Commission.    Article 7  The Chairman of the Safety Commission shall be Chairman of the Select Committee.    Article 8  The task of the Select Committee shall be to ensure permanent liaison between the governments of Member States on the one hand, and between the latter and the Safety Commission on the other, particularly for the purpose of achieving a useful exchange of information. It shall supervise the preparation of the work of the Safety Commission.    Article 9  The Chairman shall convene the Select Committee.  The Select Committee shall be convened by the Chairman whenever at least three Government representatives request a meeting.   B. WORKING PARTIES  Article 10  In order to examine certain questions of a technical nature, the Safety Commission or the Select Committee may set up working parties composed of experts.    Article 11  The working parties shall determine their own working methods.    Article 12  The results of the work of the working parties, presented in the form of reports, shall be put before the Select   Committee. It shall submit such reports to the Safety Commission together with the opinions of the Committee members.  In the event of differences of opinion within the working parties, note shall be taken of the opinions expressed together with the names of the experts expressing them.    Secretarial services  Article 13  The High Authority shall provide secretarial services for the Safety Commission, the Select Committee and the working parties.  The secretarial services shall be directed by an official of the High Authority, appointed as secretary.  All documents shall be drafted in the four official languages of the Community.    Operation  Article 14  The Chairman shall draw up the draft agenda, and the dates of meetings, after consultations with the members of the Select Committee.    Article 15  When requested, the Chairman shall grant leave to speak to the members of the Safety Commission, to representatives of the International Labour Organisation and to United Kingdom observers.  The Chairman may grant advisers leave to speak.    Article 16  The members of the High Authority shall be entitled to participate in, and to speak at meetings of, the Safety Commission and of the Select Committee.  The Chairman may be accompanied by advisers, to whom he may grant leave to speak.    Article 17  When the Safety Commission or the Select Committee shall consider it desirable to assemble information relating to the various aspects of safety in mines, it shall address requests to this effect to the Governments of the Member States.    Article 18  Proceedings shall only be valid if at least sixteen members are present. Resolutions shall be passed by a majority of the members present.  However, proposals from the Safety Commission made in conformity with paragraph 1(3) of its terms of reference shall be approved by two-thirds of the members present ; such proposals shall carry at least thirteen votes.  Any dissenting opinions shall be brought to the notice of the Governments, should the members concerned so request.


title: Council Decision 2011/312/CFSP of 26 May 2011 amending and extending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)

text:
               27.5.2011

               EN

               Official Journal of the European Union

               L 140/55

         COUNCIL DECISION 2011/312/CFSP
   of 26 May 2011
   amending and extending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28 and 43(2) thereof,
   Whereas:

               (1)

               On 25 November 2005, the Council adopted Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (1).

               (2)

               On 12 May 2010, the Council adopted Decision 2010/274/CFSP (2) amending Joint Action 2005/889/CFSP and extending it until 24 May 2011.

               (3)

               On 16 February 2011 the Political and Security Committee (PSC) endorsed recommendations on the Strategic Concept for Common Security and Defence Policy (CSDP) training of PA border and crossing management staff for Gaza crossings.

               (4)

               EU BAM Rafah should be further extended from 25 May 2011 until 31 December 2011 on the basis of its current mandate.

               (5)

               It is also necessary to lay down the financial reference amount intended to cover the expenditure related to EU BAM Rafah for the period from 25 May 2011 to 31 December 2011,

         HAS ADOPTED THIS DECISION:
   Article 1
   Joint Action 2005/889/CFSP is hereby amended as follows:

               1.

               In Article 2, second paragraph, the following point shall be added:

                           ‘(d)

                           assist EUPOL COPPS in its additional tasks in the area of training of PA border and crossing management staff for Gaza crossings.’.

               2.

               Article 10(1) shall be replaced by the following:
               ‘1.   The PSC shall exercise, under the responsibility of the Council and the HR, political control and strategic direction of the mission. The Council hereby authorises the PSC to take the relevant decisions for this purpose in accordance with Article 38 of the Treaty. This authorisation shall include the powers to appoint a Head of Mission, upon a proposal from the HR, and to amend the OPLAN. It shall also include powers to take subsequent decisions regarding the appointment of the Head of Mission. The powers of decision with respect to the objectives and termination of the mission shall remain vested in the Council.’.

               3.

               Article 13(1) shall be replaced by the following:
               ‘1.   The financial reference amount intended to cover the expenditure related to the mission for the period from 25 May 2011 to 31 December 2011 shall be EUR 1 400 000.’.

               4.

               In Article 16, the second paragraph shall be replaced by the following:
               ‘It shall expire on 31 December 2011.’.

         Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 25 May 2011.

      Done at Brussels, 26 May 2011.

            For the Council

            The President

         MARTONYI J.

      (1)  OJ L 327, 14.12.2005, p. 28.

      (2)  OJ L 119, 13.5.2010, p. 22.


Avis juridique important

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31996D0327

96/327/Euratom, ECSC, EC: Commission Decision of 23 April 1996 adjusting the weightings applicable from 1 September 1994 to the remuneration of officials of the European Communities serving in third countries

Official Journal L 126 , 24/05/1996 P. 0056 - 0057

COMMISSION DECISION of 23 April 1996 adjusting the weightings applicable from 1 September 1994 to the remuneration of officials of the European Communities serving in third countries (96/327/Euratom, ECSC, EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,Having regard to the Staff Regulations of the Officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EC, Euratom, ECSC) No 2963/95 (2), and in particular the second paragraph of Article 13 of Annex X thereto,Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (Euratom, ECSC, EC) No 577/96 (3) laid down the weightings to be applied from 1 July 1994 to the remuneration of officials serving in third countries, payable in the currency of their country of employment;Whereas the Commission has made a number of adjustments to these weightings in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations (4);Whereas some of these weightings should be adjusted with effect from 1 September 1994 given that the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down,HAS DECIDED AS FOLLOWS:Sole Article With effect from 1 September 1994 the weightings applicable to the remuneration of officials serving in third countries payable in the currency of their country of employment are adjusted as shown in the Annex.The exchange rates for the calculation of such remuneration shall be those used for implementation of the general budget of the European Union for the month preceding the date referred to in the first paragraph.Done at Brussels, 23 April 1996.For the CommissionHans VAN DEN BROEKMember of the Commission(1) OJ No L 56, 4. 3. 1968, p. 1.(2) OJ No L 310, 22. 12. 1995, p. 1.(3) OJ No L 83, 2. 4. 1996, p. 1.(4) OJ No L 20, 26. 1. 1996, p. 67 to 76.ANNEX >TABLE>