title: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting in Council of 2 December 1974 opening tariff preferences for certain steel products originating in developing countries

text:
No L 329 / 160                       Official Journal of the European Communities                               9 . 12 . 74
                                                        DECISION
                  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER
              STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING IN
                                                        COUNCIL
                                                   of 2 December 1974
              opening tariff preferences for certain steel products originating in developing countries
                                                      (74/597/ECSC)
 THE REPRESENTATIVES OF THE GOVERNMENTS                         Imports already enjoying exemption from customs
 OF THE MEMBER STATES OF THE EUROPEAN
                                                                 duties under such arrangements shall not be charged
 COAL AND       STEEL COMMUNITY, MEETING IN
 COUNCIL ,                                                      against the aforementioned ceiling.
                                                                4. Subject to Article 2, within each ceiling thus
 In agreement with the Commission,                              calculated, charges of products originating in any
                                                                one of the countries or territories listed in Annex B
                                                                should not exceed a maximum amount equivalent to
 HAVE DECIDED AS FOLLOWS :
                                                                50% of this ceiling, except for the specific cases
                                                                indicated in Annex A.
                        Article 1                               5 . Any amendment to Annex B, in particular by
                                                                the addition of new countries or territories enjoying
 1 . From 1 January to 31 December 1975 the duties              tariff preferences, may entail a corresponding
applicable in the Community to the imports of the               adjustment to the ceilings and maximum amounts
products listed in Annex A shall be completely                  referred to in paragraphs 3 and 4.
 suspended, subject to the provisions of Article 2.
                                                                                Article 2
2. This suspension shall be enjoyed solely by
products originating in the countries and territories           1 . As soon as the ceilings calculated in accordance
listed in Annex B. For the purposes of the application          with the provisions of Article 1 (3 ) which are laid
of this Decision the concept of originating products            down for Community imports of products originating
shall be determined in accordance with the procedure            in all of the countries and territories referred to in
laid down in Article 14 of Council Regulation (EEC )            Article 1 (2) are reached at Community level , the
No 802/68 (*) of 27 June 1968 of the common                     Member States may at any time, at the request of
definition of the concept of the origin of goods .              any one of them or of the Commission and in respect
                                                                of the whole of the Community, re-introduce the
                                                                levying of the corresponding duties on imports of
3 . Subject to Article 2, this suspension shall be              the products in question from ail the countries and
granted within a ceiling which shall be equal to the            territories concerned until the end of the period
amount obtained, in respect of each category of                 referred to in Article 1 ( 1 ).
products, by adding together, in units of account, the
value for 1971 of cif imports of the products con              2. As soon as the maximum amounts calculated in
cerned to the Community from the countries and                  accordance with the provisions of Article 1 (4 ) which
territories enjoying these arrangements, excluding              are laid down for the Community imports of prod
those already enjoying various preferential tariff              ucts originating in each of the countries and territories
arrangements granted by the nine Member States of               referred to in Article 1 (2) and (3 ) are reached for
the Community, and 5% of the value of cif imports               any one of these countries or territories at Commu
in 1972 from other countries and from the countries             nity level, the Member States may at any time, at
and territories already enjoying such arrangements .           the request of any of them and in respect of the
                                                               whole of the Community, re-introduce the levying of
                                                                the corresponding duties on imports of the products
                                                                in question from the country or territory concerned
(J) OJ No L 148, 28. 6. 1968, p. 1 .                            until the end of the period referred to in Article 1 ( 1 ).
 ---pagebreak--- 9 . 12. 74                         Official Journal of the European Communities                         No L 329/ 161
                        Article 3                                                    Article 4
                                                              Member States, in close cooperation with the Com
1 . Imports of the said goods shall be actually               mission, shall take all necessary measures to ensure
charged against the ceilings and maximum amounts              that the above provisions are applied.
as and when they are entered for home use, on the
basis of the customs value of the said goods, and are                                Article 5
accompanied by a certificate of origin in accordance
with the rules referred to in Article 1 (2).                  Member States shall inform the Commission             at
                                                              regular intervals of imports of the products in
                                                              question actually charged against the ceilings and
                                                              maximum amounts laid down in Article 1 (3 )
2. Goods may be charged against a ceiling or maxi            and (4).
mum amount only if the certificate of origin
mentioned in paragraph 1 is presented before the                                     Article 6
date on which the levying of duties is re-introduced.         The Member States shall take all measures necessary
                                                              for the implementation of this Decision .
3 . The extent to which ceilings and maximum                  Done at Brussels, 2 December 1974.
amounts have been used up shall be recorded at
Community level on the basis of imports charged                                                  The President
in the manner laid down in paragraphs 1 and 2 .                                             J. SAUVAGNARGUES
 ---pagebreak--- No L 329/162                               Official Journal of the European Communities                                        9 . 12. 74
                                                                  ANNEX A
           List of products in respect of which the Common Customs Tariff duties are completely suspended
                    under the generalized tariff preferences granted to developing countries and territories
                   CCT
                 heading                                                 Description
                    No
                 73.07             Blooms, billets , slabs and sheet bars (including tinplate bars) of iron or steel ;
                                   pieces roughly shaped by forging, of iron or steel :
                                   A. Blooms and billets :
                                        I. Rolled
                                   B. Slabs and sheet bars (including tinplate bars) :
                                        I. Rolled
                 73.09             Universal plates of iron or steel
                 73.11 n           Angles, shapes and sections, of iron or steel, hot-rolled, forged , extruded, cold
                                   formed, or cold-finished ; sheet piling of iron or steel whether or not drilled,
                                   punched or made from assembled elements :
                                   A. Angles, shapes and sections :
                                           I. Not further worked than hot-rolled extruded
                                         TV. Clad or surface-worked (for example, polished , coated) :
                                              a) Not further worked than clad :
                                                  1.  Hot-rolled or extruded
                                   B. Sheet pilling
                 73.12             Hoop and strip , of iron or steel, hot-rolled or cold-rolled :
                                   A. Not further worked than hot-rolled
                                   B. Not further worked than cold-rolled :
                                           I. In coils for the manufacture of tinplate
                                   C. Clad , coated or otherwise surface-treated :
                                       III .  Tinned :
                                              a) Tinplate
                                          V. Other (for example, copper-plated, artificially oxidized ; lacquered
                                              nickel-plated, varnished, clad, parkerized, printed) :
                                              a ) Not further worked than clad :
                                                  1 . Hot-rolled
           (v ) For the products covered by heading No 73.11 and with respect to Yugoslavia, the maximum amount referred to in
                Article 1 (4) has been lowered to 529 800 u.a .
 ---pagebreak--- 9 . 12. 74                Official Journal of the European Communities                                No L 329/ 163
            CCT
           heading                                           Description
             No
           73.15   Alloy steel and high carbon steel in the forms mentioned in heading Nos 73.06
                   to 73.14 :
                   A. High carbon steel :
                          I. Ingots, blooms, billets, slabs and sheet bars :
                               b) Other :
                                   2 . Blooms , billets , slabs and sheet bars
                       III . Coils for re-rolling
                       IV. Universal plates
                         V. Bars and rods (including wire rod) and hollow mining dril ' steel ; angles
                               shapes and sections :
                               b ) Not further worked than hot-rolled or extruded
                               d) Clad or surface-worked (for example, polished, coated):
                                   1 . Not further worked than clad :
                                        aa) Hot-rolled or extruded
                       VI. Hoop and strip :
                               a ) Not further worked than hot-rolled
                               c) Clad , coated or otherwise surface-treated :
                                   1.   Not further worked than clad :
                                        aa) Hot-rolled
                       VII. Sheets and plates :
                               a ) Not further worked than hot-rolled
                               b) Not further worked than cold-rolled , of a thickness oí :
                                   2 . Less than 3 mm
                               c) Polished , clad , coated or otherwise surface-treated
                               d ) Otherwise shaped or worked :
                                    1 . Cut into shapes other than rectangular shapes , but not further
                                        worked
                    B. Alloy steel :
                           1 . Ingots , blooms , billets , slabs and sheet bars :
                               b ) Other :
                                   2 . Blooms , billets , slabs and sheet bars
                        III. Coils for re-rolling
                        IV. Universal plates
                         V. Bars and rods (including wire rod ) and hollow mining drill steel ; angles ,
                               shapes and sections :
                                b) Not further worked than hot-rolled or extruded
                                d) Clad or surface-worked (for example, polished , coated):
                                    1 . Not further worked than clad :
                                        aa) Hot-rolled or extruded
                        VI . Hoop and strip :
                                a) Not further worked than hot-rolled
                               c) Clad , coated or otherwise surface-treated :
                                    1 . Not further worked than clad :
                                        aa) Hot-rolled
                       VII. Sheets and plates :
                                a) ' Electrical' sheets and plates
 ---pagebreak--- No L 329/ 164                  Official Journal of the European Communities                                  9 . 12 . 74
                CCT
               heading                                       Description
                 No
               73.15             b) Other sheets and plates :
              (confà.)              1 . Not further worked than hot-rolled
                                    2. Not further worked than cold-rolled , of a thickness of :
                                        bb) Less than 3 mm
                                    3 . Polished , clad , coated or otherwise surface-treated
                                    4. Otherwise shaped or worked :
                                         aa) Cut into shapes other than rectangular shapes, but not
                                             further worked
              73.16    Railway and tramway track construction material of iron or steel , the following :
                       rails , check-rails, switch blades, crossing (or frogs), crossing pieces, point rods,
                       rack rails, sleepers, fish-plates, chairs, chair-wedges, sole plates (base plates),
                       rail clips, bedplates, ties, and other material specialized for joining or fixing
                       rails :
                       A. Rails :
                           II. Other
                       B. Check-rails
                       C. Sleepers
                       D. Fish-plates and sole plates :
                           II. Rolled
 ---pagebreak--- 9 . 12. 74                          Official Journal of the European Communities                           No L 329/ 165
                                                       ANNEX B
                   List of developing countries and territories enjoying generalized tariff preferences
                                             INDEPENDENT COUNTRIES
Afghanistan                               Honduras                                  Qatar
Algeria                                   India                                     Rwanda
Argentina                                 Indonesia                                 Saudi Arabia
Bahamas                                   Iran                                      Senegal
Bahrain                                   Iraq                                      Sierra Leone
Bangladesh                                Ivory Coast                               Singapore
Barbados                                  Jamaica                                   Somalia
Bhutan                                    Jordan                                    Sri Lanka
Bolivia                                   Kenya                                     Sudan
Botswana                                  Khmer Republic                            Swaziland
Brazil                                    Korea (South)                             Syria
Burma                                     Kuwait                                    Tanzania
Burundi                                   Laos                                      Thailand
Cameroon                                  Lebanon
                                                                                Togo
Central African Republic                  Lesotho
                                                                                Tonga
Chad                                      Liberia
                                                                                Trinidad and Tobago
Chile                                     Libya                                     Tunisia
Colombia                                  Malagasy Republic                         Uganda
Congo, People's Republic of               Malawi                                    United Arab Emirates :
Costa Rica                                Malaysia                                       Abu Dhabi
Cuba                                      Maldive Islands                                Dubai
Cyprus                                    Mali
                                                                                Ras al Khaimah
Dahomey                                   Mauritania
                                                                                Fuj airah
Dominican Republic                        Mauritius
                                                                                Ajman
Ecuador                                   Mexico
                                                                                Sharjah
Egypt, Arab Republic of                   Morocco
                                                                                Ummal Qaiwain
El Salvador                               Nauru
                                                                                Upper Volta
Equatorial Guinea                         Nepal                                     Uruguay
Ethiopia                                  Nicaragua                                 Venezuela
Fiji                                      Niger                                     Vietnam , Republic of
Gabon                                     Nigeria                                   Western Samoa
Gambia                                   Oman
                                                                                Yemen, People's Democratic
Ghana                                    Pakistan
                                                                                Republic of
Guatemala                                Panama
                                                                                Yemen Arab Republic
Guinea                                   Paraguay                                   Yugoslavia
Guyana                                   Peru
                                                                                Zaire
Haiti                                    Philippines                                Zambia
 ---pagebreak--- No L 329/ 166                              Official Journal of the European Communities                                                 9 . 12. 74
                                                     COUNTRIES AND TERRITORIES
            dependent or administered, or for whose external relations Member States of the Community
                                         or third countries are wholly or partly responsible
            Afars and Issas (Territory of the)
            Angola (including Cabinda)
            Australian Antarctic Territory
            Belize
            Bermuda
            British Antarctic Territory
            British Indian Ocean Territory (Aldabra, Farquhar, Chagos Archipelago, Des Roches)
            British Pacific Ocean (x)
            Brunei
             Cape Verde Islands
            Cayman Islands and Dependencies
             Christmas Island
             Cocos (Keeling) Islands
             Comoro Archipelago
             Corn Islands and Swan Islands
            Falkland Islands and Dependencies
            French Polynesia
            French Southern and Antarctic Territories
             Gibraltar
             Heard Island and MacDonald Islands
             Hong Kong
             Leeward Islands (2)
             Macao
             Mozambique
             Netherlands Antilles
             New Caledonia and Dependencies
             Norfolk Islands
             Pacific Islands administered by the United States of America or under United States trusteeship (3)
             Papua-New Guinea
             Portuguese Guinea
             Portuguese Timor
             St Helena (including Ascension, Gough Island, and Tristan da Cunha)
             Saint Pierre and Miquelon
             Sao Tome and Principe
             Seychelles (including Amirantes)
             Sikkim
             Spanish territories in Africa
             Surinam
             Territories for which New Zealand is responsible (Cook Islands, Niuwe Island, Tokelau Islands
                   and Ross Dependency)
             Turks and Caocos Islands
             Virgin Islands of the United States (St Croix, St Thomas, St John, etc.)
             Wallis and Futuna Islands
             Windward Islands (4)
             Note : The above lists may be amended subsequently to take account of changes in the inter
                         national status of countries or territories .
             i1 ) Gilbert and Ellice Islands , British Solomon Islands, New Hebrides, Condominium, and Pitcairn Islands .
             (2) Antigua , Montserrat, St Kitts-Nevis-Anguilla, British Virgin Islands .
             (3) The Pacific Islands administered by the United States of .America include :" Guam , American Samoa (including Swain 's
                  Island), Midway Islands, Johnston and Sand Islands , Wake Island and the Trust Territory of the Pacific Islands (the
                  Caroline, Marianas and Marshall Islands).
              (4) Dominica , Grenada, St Lucia, St Vincent .


title: 2008/903/EC: Council Decision of 27 November 2008 on the full application of the provisions of the Schengen acquis in the Swiss Confederation

text:
               5.12.2008

               EN

               Official Journal of the European Union

               L 327/15

      COUNCIL DECISION

   of 27 November 2008
   on the full application of the provisions of the Schengen acquis in the Swiss Confederation
   (2008/903/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Agreement between the European Union, the European Community and the Swiss Confederation concerning the Swiss Confederation’s association with the implementation, application, and development of the Schengen acquis (hereinafter referred to as the Agreement) (1), which was signed on 26 October 2004 (2) and entered into force on 1 March 2008 (3), and in particular Article 15(1) thereof,
   Whereas:

               (1)

               Article 15(1) of the Agreement provides that the provisions of the Schengen acquis shall apply in the Swiss Confederation only pursuant to a Council Decision to that effect after verification that the necessary conditions for the application of that acquis have been met.

               (2)

               The Council, having verified that the necessary conditions for the application of the data protection part of the Schengen acquis concerned had been met by the Swiss Confederation, rendered, by its Decision 2008/421/EC (4), the provisions of the Schengen acquis related to the Schengen Information System applicable to the Swiss Confederation from 14 August 2008.

               (3)

               The Council has verified, in accordance with the applicable Schengen evaluation procedures as set out in the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (SCH/Com-ex (98) 26 def.) (5), that the necessary conditions for the application of the Schengen acquis have been met in other areas of the Schengen acquis — Land Borders, Police Cooperation, the Schengen Information System, and Visas — in the Swiss Confederation.

               (4)

               On 27 November 2008, the Council concluded that the conditions in each of the areas mentioned had been fulfilled by the Swiss Confederation.

               (5)

               As regards the evaluation and implementation of the Schengen acquis at air borders, further evaluation visits should be carried out at a later stage.

               (6)

               It is therefore possible to set dates for the application of the Schengen acquis in full, i.e. dates from which checks on persons at the internal borders with the Swiss Confederation should be lifted. Were the further evaluation visits at air borders to prove unsuccessful, the date set for the application of the Schengen acquis regulating the abolition of checks on persons at air borders should be reconsidered.

               (7)

               From the earliest such date, the restrictions on the use of the Schengen Information System, provided for in Decision 2008/421/EC, should be lifted.

               (8)

               In accordance with Article 15(4) of the Agreement and with Article 14(1) of the Agreement between the Community and the Swiss Confederation concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or in Switzerland (6), the latter Agreement should be implemented from 12 December 2008.

               (9)

               The Agreement between the Swiss Confederation and the Kingdom of Denmark on the creation of rights and obligations between Denmark and the Swiss Confederation as regards the provisions of the Schengen acquis which come under Title IV of the Treaty establishing the European Community stipulates that it shall be put into effect in respect of the implementation, application and development of the Schengen acquis on the same date as the Agreement is put into effect.

               (10)

               In accordance with the second subparagraph of Article 15(1) of the Agreement and as a result of the partial application of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland provided for in Council Decision 2004/926/EC of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland (7), and in particular the first subparagraph of Article 1 thereof, only part of the provisions of the Schengen acquis applicable to the Swiss Confederation in its relations with Member States applying the Schengen acquis in full should apply in the relations of the Swiss Confederation with the United Kingdom of Great Britain and Northern Ireland.

               (11)

               In accordance with the third subparagraph of Article 15(1) of the Agreement and as a result of the partial application of the Schengen acquis by Cyprus on the one hand, and Bulgaria and Romania on the other, as provided for in Article 3(2) of the 2003 Act of Accession and Article 4(2) of the 2005 Act of Accession respectively, only the part of the Schengen acquis applicable in these Member States should also be applicable to the Swiss Confederation in its relations with these Member States.

               (12)

               The Agreement between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway concerning the implementation, application and development of the Schengen acquis and concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Switzerland, Iceland or Norway stipulates that it shall be put into effect in respect of the implementation, application and development of the Schengen acquis on the same date as the Agreement is put into effect,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   All the provisions referred to in Annexes A and B to the Agreement and any act constituting a further development of one or more of these provisions, shall apply to the Swiss Confederation, in its relations with Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, and the Kingdom of Sweden as from 12 December 2008.
   To the extent that those provisions regulate the abolition of checks on persons at internal borders, they shall apply as from 29 March 2009 to air borders. The Council may decide to defer this date, acting by a simple majority of the Members of the Council representing the governments of the Member States to which the provisions of the Schengen acquis regulating the abolition of checks on persons at internal borders apply. In that case, a new date shall be set by the Council, acting by unanimity of those Members.
   All restrictions on the use of the Schengen Information System by the Member States concerned shall be lifted as from 8 December 2008.
   2.   The provisions of the Schengen acquis put into effect by the United Kingdom of Great Britain and Northern Ireland on the basis of Article 1 of Decision 2004/926/EC and any act constituting a further development of one or more of those provisions, shall apply to the Swiss Confederation, in its relations with the United Kingdom of Great Britain and Northern Ireland as from 12 December 2008.
   3.   The provisions of the Schengen acquis applicable to Cyprus on the one hand, and Bulgaria and Romania on the other on the basis of Article 3(1) of the 2003 Act of Accession and Article 4(1) of the 2005 Act of Accession respectively and any act constituting a further development of one or more of those provisions, shall apply to the Swiss Confederation, in its relations with Cyprus, Bulgaria and Romania as from 12 December 2008.
   Article 2
   By way of derogation to Annex II of Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (8), Switzerland is authorised to maintain the visa exemption for Antigua and Barbuda, the Bahamas, Barbados and Saint Kitts and Nevis from 12 December 2008 until the entry into force of the visa waiver agreements between the European Community and each of these countries.
   Article 3
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 27 November 2008.

            For the Council

            The President

         M. ALLIOT-MARIE

      (1)  OJ L 53, 27.2.2008, p. 52.

      (2)  Council Decisions 2004/849/EC (OJ L 368, 15.12.2004, p. 26) and 2004/860/EC (OJ L 370, 17.12.2004, p. 78).

      (3)  Council Decisions 2008/146/EC (OJ L 53, 27.2.2008, p. 1) and 2008/149/JHA (OJ L 53, 27.2.2008, p. 50).

      (4)  OJ L 149, 7.6.2008, p. 74.

      (5)  OJ L 239, 22.9.2000, p. 138.

      (6)  OJ L 53, 27.2.2008, p. 5.

      (7)  OJ L 395, 31.12.2004, p. 70.

      (8)  OJ L 81, 21.3.2001, p. 1.


title: Council Decision of 2 December 1974 on the conclusion of the Agreement between the European Economic Community and the Office of the United Nations High Commissioner for Refugees on the supply of butteroil, skimmed-milk powder, flour of common wheat and rice as emergency food aid for the populations affected by the recent events in Cyprus

text:
No L 9/ 26                         Official Journal of the European Communities                      14 . 1 . 75
                                                  COUNCIL DECISION
                                                     of 2 December 1974
           on the conclusion of the Agreement between the European Economic Commu
           nity and the Office of the United Nations High Commissioner for Refugees on
           the supply of butteroil , skimmed-milk powder, flour of common wheat and rice
           as emergency food aid for the populations affected by the recent events in
                                                            Cyprus
                                                          (75/32/ EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community, and in
           particular Articles 113 , 114 and 228 thereof ;
           Having regard to the recommendation from the Commission ;
           Whereas the Council, by Regulations (EEC) No 2332/74 (') and (EEC) No 2333/74 (2), has
           decided to make available to the Office of the United Nations High Commissioner for
           Refugees 200 metric tons of butteroil and 200 metric tons of skimmed-milk powder ;
           Whereas the Office of the United Nations High Commissioner for Refugees has made
           known the requirements in cereal products of the populations affected by the recent
           events in Cyprus ; whereas 3 000 metric tons of cereals, in the form of 1 699 metric tons
           of flour of common wheat and 300 metric tons of long grain milled rice, should
           consequently be allocated to this body as emergency food aid,
           HAS DECIDED AS FOLLOWS :
                                                            Article 1
           The Agreement between the European Economic Community and the Office of the
           United Nations High Commissioner for Refugees on the supply of butteroil, skimmed
           milk powder, flour of common wheat and rice as emergency food aid for the populations
           affected by the recent events in Cyprus, is hereby concluded on behalf of the European
            Economic Community.
           The text of the Agreement is annexed to this Decision .
                                                            Article 2
           The President of the Council is hereby authorized to designate the persons empowered to
           sign the Agreement, and to confer on them the necessary powers to bind the Community.
            Done at Brussels , 2 December 1974 .
                                                                           For the Council
                                                                            The President
                                                                        J. SAUVAGNARGUES
            (') OJ No L 250, 13 . 9. 1974, p. 1 .
            (2 ) OJ No L 250 , 13 . 9 . 1974, p . 2.


Avis juridique important

|

31989D0670

89/670/EEC: Council Decision of 24 July 1989 concerning the provisional application of the Agreed Minute amending the Agreement between the European Economic Community and the Islamic Republic of Pakistan on trade in textile products

Official Journal L 396 , 30/12/1989 P. 0008 - 0008

COUNCIL DECISION of 24 July 1989 concerning the provisional application of the Agreed Minute amending the Agreement between the European Economic Community and the Islamic Republic of Pakistan on trade in textile products (89/670/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas, pending completion of the procedures necessary for its conclusion, the Agreement between the European Economic Community and the Islamic Republic of Pakistan on trade in textile products, initialled on 12 September 1986, has been applied  provisionally since 1 January 1987 in accordance with Decision 87/457/EEC (1) insofar as the Community is concerned;  Whereas that Agreement provides for the possibility of re-examining, in the light of recent trade developments, the quantitative adjustments to be made to the quotas for certain categories to allow for the introduction of the harmonized system;  Whereas, following consultations between the Community and the Islamic Republic of Pakistan, an Agreed Minute amending the quota for category 4 laid down in the Agreement was initialled on 20 April 1989;  Whereas, pending completion of the procedures necessary for the conclusion of the Agreement and the Agreed Minute, the Agreed Minute should be applied provisionally with effect from 1 January 1989, provided it is applied likewise by the Islamic Republic  of Pakistan,  HAS DECIDED AS FOLLOWS:    Article 1 Pending completion of the procedures necessary for its conclusion, the Agreed Minute amending the Agreement between the European Economic Community and the Islamic Republic of Pakistan on trade in textile products shall be applied  provisionally by the Community with effect from 1 January 1989, provided it is applied likewise by the Islamic Republic of Pakistan.  The text of the Agreed Minute is attached to this Decision.  Article 2 The Commission is requested to seek the agreement of the Government of the Islamic Republic of Pakistan on the provisional application of the Agreed Minute referred to in Article 1 and to notify the Council thereof.   Done at Brussels, 24 July 1989.  For the Council The President H. NALLET   (1) OJ No L 255, 5. 9. 1987, p. 1.


title: Council Decision of 2 September 2014 adopting the Council's position on the draft general budget of the European Union for the financial year 2015

text:
               3.9.2014

               EN

               Official Journal of the European Union

               C 295/1

         COUNCIL DECISION
   of 2 September 2014
   adopting the Council's position on the draft general budget of the European Union for the financial year 2015
   (2014/C 295/01)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314(3) thereof, in conjunction with the Treaty establishing the European Atomic Energy Community and in particular Article 106a thereof,
   Whereas:

               1.

               on 25 June 2014, the Commission submitted a proposal containing the draft general budget of the European Union for the financial year 2015 (1),

               2.

               the Council examined the Commission proposal with a view to defining a position consistent, on the revenue side, with Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources (2), and, on the expenditure side, with Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014‐2020 (3),

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council's position on the draft general budget of the European Union for the financial year 2015 was adopted by the Council on 2 September 2014.
   The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

      Done at Brussels, on 2 September 2014.

            For the Council

            The President

         S. GOZI

      (1)  COM(2014) 300 final.

      (2)  OJ L 163, 23.6.2007, p. 17.

      (3)  OJ L 347, 20.12.2013, p. 884.


Avis juridique important

|

32004D0009

2004/9/EC: Commission Decision of 5 November 2003 establishing the European Insurance and Occupational Pensions Committee (Text with EEA relevance)

Official Journal L 003 , 07/01/2004 P. 0034 - 0035

Commission Decisionof 5 November 2003establishing the European Insurance and Occupational Pensions Committee(Text with EEA relevance)(2004/9/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) In June 2001, the Commission adopted Decisions 2001/527/EC(1) and 2001/528/EC(2) setting up the Committee of European Securities Regulators and the European Securities Committee respectively.(2) In its Resolutions of 5 February and 21 November 2002, the European Parliament endorsed the four-level approach advocated in the Final Report of the Committee of Wise Men on the regulation of European securities markets and called for certain aspects of that approach to be extended to the banking and insurance sectors subject to a clear Council commitment to reform to guarantee a proper institutional balance.(3) On 3 December 2002, the Council invited the Commission to implement such arrangements in the fields of banking and insurance and occupational pensions and to establish as soon as possible new committees in an advisory capacity in relation to those fields.(4) Council Directive 91/675/EEC of 19 December 1991 setting up an Insurance Committee(3) established a committee to advise the Commission in the development of legislation in the insurance field.(5) The Commission has proposed a Directive modifying, inter alia, Directive 91/675/EEC, First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance(4) as amended, Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance(5), and Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and the Council(6), to delete the advisory functions of the Insurance Committee.(6) Such an amendment requires the corresponding and simultaneous creation of a new advisory group to advise the Commission as regards the development of Community legislation in the insurance and occupational pensions fields, hereafter called the "European Insurance and Occupational Pensions Committee".(7) To ensure this, this Decision should only come into being at the same time as any Directive repealing the purely advisory functions of the Insurance Committee.(8) The European Insurance and Occupational Pensions Committee should be competent to examine any question relating to the application of Community provisions concerning the fields of insurance and occupational pensions, and, in particular, should advise the Commission on new proposals for new legislation in those fields which the Commission intends to present to the European Parliament and the Council; however in the occupational pensions field, the European Insurance and Occupational Pensions Committee should not address labour and social law aspects such as the organisation of occupational regimes, in particular compulsory membership and the results of collective bargaining agreements,HAS DECIDED AS FOLLOWS:Article 1An advisory group on insurance and occupational pensions in the Community, called the "European Insurance and Occupational Pensions Committee" (hereinafter "the Committee") is hereby established.Article 21. The Committee shall advise the Commission, at the Commission's request, on policy issues relating to insurance, reinsurance and occupational pensions as well as Commission proposals in these fields. The Committee shall examine any question relating to the application of Community provisions concerning the sectors of insurance, reinsurance and occupational pensions, and in particular Directives on insurance, reinsurance and occupational pensions.2. The Committee shall not consider specific problems relating to individual insurance or reinsurance undertakings or to occupational pensions institutions.3. The Committee shall not address labour and social law aspects such as the organisation of occupational regimes, in particular compulsory membership and the results of collective bargaining agreements.Article 31. The Committee shall be composed of high level representatives of Member States. The Committee shall be chaired by a representative of the Commission.2. The chairperson of the Committee of European Insurance and Occupational Pensions Supervisors established by Commission Decision 2004/6/EC(7) shall participate at the meetings of the Committee as an observer.3. The Commission may invite experts and observers to attend its meetings.4. The secretariat of the Committee shall be provided by the Commission.5. The Committee shall adopt its own rules of procedure.Article 4The Committee shall adopt its own rules of procedure. The Committee shall meet at regular intervals and whenever the situation demands. The Commission may convene an emergency meeting if it considers that the situation so requires.Article 5This Decision shall enter into force on the same day as the entry into force of any directive amending the purely advisory functions of the Insurance Committee.Done at Brussels, 5 November 2003.For the CommissionFrederik BolkesteinMember of the Commission(1) OJ L 191, 13.7.2001, p. 43.(2) OJ L 191, 13.7.2001, p. 45.(3) OJ L 374, 31.12.1991, p. 32.(4) OJ L 228, 16.8.1973, p. 3.(5) OJ L 345, 19.12.2002, p. 1.(6) OJ L 35, 11.2.2003, p. 1.(7) See page 30 of this Official Journal.


Avis juridique important

|

32004D0259

2004/259/EC: Council Decision of 19 February 2004 concerning the conclusion, on behalf of the European Community, of the Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants

Official Journal L 081 , 19/03/2004 P. 0035 - 0036

Council Decisionof 19 February 2004concerning the conclusion, on behalf of the European Community, of the Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants(2004/259/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof, in conjunction with Article 300(2), first sentence of the first subparagraph and Article 300(3), first subparagraph thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Having regard to the opinion of the European Economic and Social Committee(2),After consulting the Committee of the Regions,Whereas:(1) The promotion of measures at international level to deal with regional or worldwide environmental problems is one of the objectives of the Community's policy on the environment, in accordance with Article 174 of the Treaty.(2) The Community signed in Aarhus on 24 June 1998 the Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants (hereinafter referred to as the Protocol).(3) The Protocol aims at controlling, reducing or eliminating discharges, emissions and losses of persistent organic pollutants that cause significant adverse effects on human health or the environment as a result of their long-range transboundary atmospheric transport.(4) The Protocol stipulates, in principle, the elimination or reduction of production and use of thirteen substances regarded as persistent organic pollutants. In addition, Parties have to take effective measures to reduce or stabilise total annual emissions of certain substances.(5) The Protocol is open to ratification, acceptance, approval or accession by States and by regional economic integration organisations Parties to the Convention.(6) As most of the provisions of the Protocol concern environmental protection and the protection of human health, it is appropriate to choose Article 175(1) as the legal basis, in conjunction with Article 300.(7) The Protocol contributes to the achievement of the objectives of the environmental policy of the Community. It is therefore appropriate that the Community approves this Protocol as soon as possible.(8) The Community has already adopted instruments covering matters governed by the Protocol, including Council Directives 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances(3), and 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)(4),HAS DECIDED AS FOLLOWS:Article 1The Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants, is hereby approved on behalf of the Community.The text of the Protocol is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to deposit the instrument of approval on behalf of the Community with the Secretary-General of the United Nations, in accordance with Article 16 of the Protocol.Done at Brussels, 19 February 2004.For the CouncilThe PresidentM. McDowell(1) Opinion delivered on 20 November 2003 (not yet published in the Official Journal).(2) Opinion delivered on 29 October 2003 (not yet published in the Official Journal).(3) OJ L 33, 8.2.1979, p. 36. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).(4) OJ L 243, 24.9.1996, p. 31.


Avis juridique important

|

32002D0993

2002/993/EC: Council Decision of 16 December 2002 on the signing on behalf of the Community and the provisional application of the Agreement on trade in textile products between the European Community and the Kingdom of Nepal, initialled in Brussels on 23 October 2002

Official Journal L 348 , 21/12/2002 P. 0120 - 0153

Council Decisionof 16 December 2002on the signing on behalf of the Community and the provisional application of the Agreement on trade in textile products between the European Community and the Kingdom of Nepal, initialled in Brussels on 23 October 2002(2002/993/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Commission has negotiated on behalf of the European Community an Agreement on trade in textile products with the Kingdom of Nepal.(2) The Agreement was initialled on 23 October 2002.(3) It is appropriate to apply this Agreement on a provisional basis as from 1 January 2003 pending the completion of the relevant procedures for its formal conclusion, subject to reciprocity.(4) Subject to its possible conclusion at a later date, the Agreement should be signed on behalf of the Community,HAS DECIDED AS FOLLOWS:Article 1The signing of the Agreement between the European Community and the Kingdom of Nepal on trade in textile products is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement on behalf of the Community subject to its conclusion.Article 3Subject to reciprocity, the Agreement shall be applied on a provisional basis as from 1 January 2003 pending the completion of the procedures for its conclusion.Done at Brussels, 16 December 2002.For the CouncilThe PresidentM. Fischer Boel


Avis juridique important

|

32004D0007

2004/7/EC: Commission Decision of 5 November 2003 amending Decision 2001/527/EC establishing the Committee of European Securities Regulators (Text with EEA relevance)

Official Journal L 003 , 07/01/2004 P. 0032 - 0032

Commission Decisionof 5 November 2003amending Decision 2001/527/EC establishing the Committee of European Securities Regulators(Text with EEA relevance)(2004/7/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) In June 2001, the Commission adopted Decisions 2001/527/EC(1) and 2001/528/EC(2), setting up the Committee of European Securities Regulators and the European Securities Committee respectively.(2) In its Resolutions of 5 February 2002 and 21 November 2002, the European Parliament endorsed the four-level regulatory framework advocated in the Final Report of the Committee of Wise Men on the regulation of European securities markets and called for certain aspects of that approach to be extended to the banking and insurance sectors, subject to a clear Council commitment to reform to guarantee a proper institutional balance.(3) Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investments in transferable securities (UCITS)(3), as last amended by Directive 2001/108/EC of the European Parliament and of the Council(4), set up the UCITS Contact Committee in order to facilitate the harmonised implementation of that Directive through regular consultations on any practical problems arising from its application and on which exchanges of views are deemed useful, to facilitate consultation between Member States and to advise the Commission, if necessary, on amendments to be made to that Directive.(4) On 3 December 2002, the Council invited the Commission to take steps in order to transfer those functions and powers to the structures already established in the securities field.(5) The Commission has proposed a Directive amending, inter alia, Directive 85/611/EEC to delete the functions of the UCITS Contact Committee provided for by Article 53 of this Directive, and to transfer those laid down under Article 53a of the same Directive to the European Securities Committee established by Decision 2001/528/EC.(6) Such an amendment will require a corresponding and simultaneous amendment of the competences of the Committee of European Securities Regulators, as defined in Article 2 of Decision 2001/527/EC,HAS DECIDED AS FOLLOWS:Article 1Decision 2001/527/EC is amended as follows:1. Article 2 is replaced by the following:"Article 2The role of the Committee shall be to advise the Commission, either at the Commission's request, within a time limit which the Commission may lay down according to the urgency of the matter, or on the Committee's own initiative, in particular for the preparation of draft implementing measures in the field of securities, including those relating to undertakings for collective investment in transferable securities (UCITS)."2. In Article 3, the first sentence of the first paragraph is replaced by the following:"The Committee shall be composed of high-level representatives from the national public authorities competent in the field of securities, including UCITS."Article 2This Decision shall enter into force on the same day as the entry into force of any directive amending the functions of the UCITS Contact Committee to transfer them to the European Securities Committee.Done at Brussels, 5 November 2003.For the CommissionFrederik BolkesteinMember of the Commission(1) OJ L 191, 13.7.2001, p. 43.(2) OJ L 191, 13.7.2001, p. 45.(3) OJ L 375, 31.12.1985, p. 3.(4) OJ L 41, 13.2.2002, p. 35.


Avis juridique important

|

32001D0528

2001/528/EC: Commission Decision of 6 June 2001 establishing the European Securities Committee (Text with EEA relevance) (notified under document number C(2001) 1493)

Official Journal L 191 , 13/07/2001 P. 0045 - 0046

Commission Decisionof 6 June 2001establishing the European Securities Committee(notified under document number C(2001) 1493)(Text with EEA relevance)(2001/528/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) The freedom to provide services and the free movement of capital constitute priority objectives of the Community, as referred to in Articles 49 and 56 of the EC Treaty.(2) Building a genuine internal market for financial services in accordance with the principle of an open market economy with free competition is crucial for increasing economic growth and job creation in the Community,(3) The Commission action plan for financial services(1) identifies a series of actions that are required in order to complete the single market for financial services and stresses the necessity to set up a securities committee in order to contribute to the elaboration of Community legislation in the securities field.(4) At its meeting in Lisbon in March 2000, the European Council called for the implementation of this action plan by 2005.(5) On 17 July 2000, the Council set up the Committee of Wise Men on the regulation of European securities markets.(6) In its final report, the Committee of Wise Men called for the establishment of two advisory committees, the European Securities Committee, comprising high-level representatives of Member States, and the Committee of European Securities Regulators, comprising senior representatives from the national public authorities competent in the field of securities in order, inter alia, to advise the Commission.(7) In its resolution on more effective securities market regulation in the European Union, the Stockholm European Council welcomed the intention of the Commission immediately to establish a securities committee of high-level officials from Member States, chaired by the Commission.(8) The final report of the Committee of Wise Men emphasised the fact that implementing measures will be necessary for the application of directives or regulations in order to take account of new developments on financial markets.(9) The European Securities Committee should serve as a body for reflection, debate and advice for the Commission in the field of securities.(10) The European Securities Committee should adopt its own rules of procedure.(11) This Decision establishes the European Securities Committee in its advisory capacity. Subject to specific legislative acts proposed by the Commission and adopted by the European Parliament and the Council, the Securities Committee should also function as a regulatory committee in accordance with the 1999 Decision on comitology to assist the Commission when it takes decisions on implementing measures under Article 202 of the EC Treaty,HAS DECIDED AS FOLLOWS:Article 1A committee on securities in the Community, called the "European Securities Committee" (hereinafter referred to as the "Committee"), is hereby established.Article 2The role of the Committee shall be to advise the Commission on policy issues as well as on draft legislative proposals the Commission might adopt in the field of securitiesArticle 3The Committee shall be composed of high level representatives of Member States and be chaired by a representative of the Commission.The chairperson of the Committee of European Securities Regulators established by Commission Decision 2001/527/EC(2) shall participate at the meetings of the Committee as an observer.The Committee may invite experts and observers to attend meetings.Article 4The Committee may set up working groups.Article 5The Committee shall adopt its own rules of procedure.The secretariat of the Committee shall be provided by the Commission.Article 6The Committee shall take up its duties on 7 June 2001.Done at Brussels, 6 June 2001.For the CommissionFrederik BolkesteinMember of the Commission(1) COM (1999) 232 final.(2) See page 43 of this Official Journal.


title: Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)

text:
               8.11.2008

               EN

               Official Journal of the European Union

               L 299/43

      COUNCIL DECISION 2008/839/JHA
   of 24 October 2008
   on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 30(1)(a) and (b), 31(1)(a) and (b) and 34(2)(c) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The Schengen Information System (SIS), set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (2) (the Schengen Convention), and the further development thereof, SIS 1+, constitute essential tools for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union.

               (2)

               The development of the second generation Schengen Information System (SIS II) was to the Commission pursuant to Council Regulation (EC) No 2424/2001 (3) and Council Decision 2001/886/JHA (4). Those instruments expire on 31 December 2008. This Decision should therefore supplement them until a date to be fixed by the Council acting in accordance with Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (5).

               (3)

               SIS II was established by Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (6) and by Council Decision 2007/533/JHA. This Decision should be without prejudice to the provisions of those acts.

               (4)

               Certain tests of SIS II are provided for in Council Regulation (EC) No 189/2008 (7) and in Council Decision 2008/173/EC (8).

               (5)

               The development of SIS II should be continued and should be finalised in the framework of the SIS II global schedule endorsed by the Council on 6 June 2008.

               (6)

               A comprehensive test of SIS II should be conducted in full cooperation between the Member States and the Commission, in accordance with the provisions of this Decision. As soon as possible after its completion, the test should be validated as provided for by Regulation (EC) No 1987/2006 and Decision 2007/533/JHA.

               (7)

               Member States should perform a test on the exchange of supplementary information.

               (8)

               As regards SIS 1+, the Schengen Convention provides for a technical support function (C.SIS). As regards SIS II, Regulation (EC) No 1987/2006 and Decision 2007/533/JHA provide for a Central SIS II composed of a technical support function and a uniform national interface (NI-SIS). The technical support function of Central SIS II should be located in Strasbourg (France) and a back-up in St. Johann im Pongau (Austria).

               (9)

               In order to better manage the potential difficulties brought about by the migration from SIS 1+ to SIS II an interim migration architecture for the Schengen Information System should be established and tested. The interim migration architecture should have no impact on the operational availability of SIS 1+. A converter should be provided by the Commission.

               (10)

               The Member State issuing an alert should be responsible for ensuring that the data entered into the Schengen Information System is accurate, up-to-date and lawful.

               (11)

               The Commission should remain responsible for Central SIS II and its communication infrastructure. This responsibility includes the maintenance and continuation of the development of SIS II and its communication infrastructure, including at all times the correction of errors. The Commission should provide coordination and support for the joint activities. The Commission should provide, in particular, the necessary technical and operational support to the Member States at Central SIS II level including the availability of a helpdesk.

               (12)

               The Member States are and should remain responsible for the development and maintenance of their national systems (N.SIS II).

               (13)

               France should remain responsible for the technical support function of SIS 1+, as expressly provided for in the Schengen Convention.

               (14)

               Representatives of the Member States participating in SIS 1+ should coordinate their actions within the framework of the Council. It is necessary to set out a framework for that organisational action.

               (15)

               The Commission should be empowered to contract out to third parties, including national public bodies, tasks conferred upon it by this Decision and tasks relating to the implementation of the budget, in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (9).
               Any such contract should respect the rules of data protection and data security and take into account the role of the relevant data protection authorities applicable to the SIS, in particular the provisions of the Schengen Convention and of this Decision.

               (16)

               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 (10) applies to the processing of personal data by the Commission.

               (17)

               The European Data Protection Supervisor, appointed pursuant to Decision 2004/55/EC of the European Parliament and of the Council of 22 December 2003 appointing the independent supervisory body provided for in Article 286 of the EC Treaty (11), is competent to monitor the activities of the Community institutions and bodies in relation to the processing of personal data. The Schengen Convention contains specific provisions on the protection and security of personal data.

               (18)

               Since the objectives of setting up the interim migration architecture and migrating the data from SIS 1+ to SIS II, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at the level of the Union, it is considered that the adoption of the present measure is in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty Establishing the European Community and referred to in Article 2 of the Treaty on European Union. In accordance with the principle of proportionality, this Decision does not go beyond what is necessary to achieve those objectives.

               (19)

               This Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

               (20)

               The Schengen Convention should be amended to allow the integration of SIS 1+ into the interim migration architecture.

               (21)

               The United Kingdom is taking part in this Decision, in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union, annexed to the Treaty on European Union and to the Treaty Establishing the European Community, and Article 8(2) of Council Decision 2000/365/EC of 29 May 2000, concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (12).

               (22)

               Ireland is taking part in this Decision in accordance with Article 5 of the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty Establishing the European Community, and Article 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (13).

               (23)

               This Decision is without prejudice to the arrangements for the United Kingdom’s and Ireland’s partial participation in the Schengen acquis as determined by Council Decisions 2000/365/EC and 2002/192/EC respectively.

               (24)

               As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis
                   (14), which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC (15) on certain arrangements for the application of that Agreement.

               (25)

               As regards Switzerland, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis
                   (16), which fall within the area referred to in Article 1, point G of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/149/JHA (17) on the conclusion of that Agreement on behalf of the European Union.

               (26)

               As regards Liechtenstein, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement concluded between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1, point G of Decision 1999/437/EC read in conjunction with Article 3 of Decision 2008/262/EC of 28 February 2008 on the signature, on behalf of the European Union, and on the provisional application of certain provisions of that Protocol (18),

         HAS ADOPTED THIS DECISION:
   Article 1
   General purpose
   1.   The Schengen Information System (SIS 1+) set up pursuant to the provisions of Title IV of the Schengen Convention, shall be replaced by a new system, the Schengen Information System II (SIS II), the establishment, operation and use of which is regulated by Decision 2007/533/JHA.
   2.   In accordance with the procedures and the division of tasks set out in this Decision, SIS II shall be developed by the Commission and the Member States as a single integrated system and shall be prepared for operations.
   Article 2
   Definitions
   For the purposes of this Decision, the following definitions shall apply:

               (a)

               ‘Central SIS II’ means the technical support function of SIS II containing a database, the ‘SIS II database’, and a uniform national interface (NI-SIS);

               (b)

               ‘C.SIS’ means the technical support function of SIS 1+, containing the reference database for SIS 1+ and the uniform national interface (N.COM);

               (c)

               ‘N.SIS’ means the national system of SIS 1+, consisting of the national data systems which communicate with C.SIS;

               (d)

               ‘N.SIS II’ means the national system of SIS II, consisting of the national data systems which communicate with Central SIS II;

               (e)

               ‘converter’ means a technical tool to allow consistent and reliable communication between C.SIS and Central SIS II, ensuring the functionalities provided for in Article 10(3);

               (f)

               ‘comprehensive test’ means the test referred to in Article 71(3)(c) of Decision 2007/533/JHA;

               (g)

               ‘test on supplementary information’ means functional tests between the SIRENE Bureaux.

         Article 3
   Subject matter and scope
   This Decision defines the tasks and responsibilities of the Commission and the Member States participating in SIS 1+ with respect to the following tasks:

               (a)

               the maintenance and continuation of the development of SIS II;

               (b)

               a comprehensive test of SIS II;

               (c)

               a test on supplementary information;

               (d)

               the continuation of the development and testing of a converter;

               (e)

               the establishment and testing of a provisional migration architecture;

               (f)

               the migration from SIS 1+ to SIS II.

         Article 4
   Technical components of the migration architecture
   In order to ensure the migration from SIS 1+ to SIS II, the following components are necessary:

               (a)

               the C.SIS and the connection to the converter;

               (b)

               the communication infrastructure for SIS 1+ allowing the C.SIS to communicate with the N.SIS;

               (c)

               the N.SIS;

               (d)

               Central SIS II, NI-SIS and the communication infrastructure for SIS II allowing the Central SIS II to communicate with N.SIS II and the converter;

               (e)

               the N.SIS II;

               (f)

               the converter.

         Article 5
   Main responsibilities in the development of SIS II
   1.   The Commission shall continue to develop Central SIS II, the communication infrastructure and the converter.
   2.   France shall make available and operate C.SIS in accordance with the provisions of the Schengen Convention.
   3.   The Member States shall continue to develop N.SIS II.
   4.   The Member States participating in SIS 1+ shall maintain N.SIS in accordance with the provisions of the Schengen Convention.
   5.   The Member States participating in SIS 1+ shall make available and operate the communication infrastructure for SIS 1+.
   6.   The Commission shall coordinate the activities and provide the necessary support for the implementation of the tasks and responsibilities referred to in paragraphs 1 to 3.
   Article 6
   Continuing development
   The measures necessary to continue the development of SIS II as referred to in Article 5(1), in particular measures necessary for the corrections of errors, shall be adopted in accordance with the procedure defined in Article 17(2).
   The measures necessary to continue the development of SIS II as referred to in Article 5(3), in so far as it concerns the uniform national interface ensuring the compatibility of N.SIS II with Central SIS II, shall be adopted in accordance with the procedure defined in Article 17(2).
   Article 7
   Main activities
   1.   The Commission together with the Member States participating in SIS 1+ shall conduct a comprehensive test.
   2.   An interim SIS migration architecture shall be set up and a test of that architecture shall be performed by the Commission together with the Member States participating in SIS 1+.
   3.   The Commission and the Member States participating in SIS 1+ shall perform the migration from SIS 1+ to SIS II.
   4.   The Member States participating in SIS 1+ shall perform a test on the exchange of supplementary information.
   5.   The Commission shall provide the necessary support at Central SIS II level for the activities in paragraphs 1 to 4.
   6.   The activities in paragraphs 1 to 3 shall be coordinated by the Commission and the Member States participating in SIS 1+ acting within the Council.
   Article 8
   Comprehensive test
   1.   The comprehensive test shall not start before the Commission has declared that it considers that the level of success of the tests referred to in Article 1 of Decision 2008/173/EC is sufficient to begin such a test.
   2.   A comprehensive test aiming at confirming, in particular, the completion by the Commission and the Member States participating in SIS 1+ of the necessary technical arrangements to process SIS II data and the demonstration that the level of performance of SIS II is at least equivalent to that achieved with SIS 1+ shall be performed.
   3.   The comprehensive test shall be executed by the Member States participating in SIS 1+ for the N.SIS II and by the Commission for the Central SIS II.
   4.   The comprehensive test shall follow a detailed schedule defined by Member States participating in SIS 1+ acting within the Council in cooperation with the Commission.
   5.   The comprehensive test shall be based on the technical specifications defined by the Member States participating in SIS 1+ acting within the Council in cooperation with the Commission.
   6.   The Commission and the Member States participating in SIS 1+ acting within the Council shall define the criteria for determining whether the necessary technical arrangements to process SIS II data are completed and the level of performance of SIS II is at least equivalent to that achieved with SIS 1+.
   7.   The test results shall be analysed using the criteria mentioned in paragraph 6, by the Member States participating in SIS 1+ acting within the Council and the Commission. The test results shall be validated in accordance with Article 71(3)(c) of Decision 2007/533/JHA.
   8.   Member States not participating in SIS 1+ may participate in the comprehensive test. Their results shall not affect the overall validation of the test.
   Article 9
   Test on supplementary information
   1.   The Member States participating in SIS 1+ shall conduct functional SIRENE tests.
   2.   The Commission shall make available Central SIS II and its communication infrastructure during the execution of the test on supplementary information.
   3.   The test on supplementary information shall follow a detailed schedule defined by Member States participating in SIS 1 + acting within the Council.
   4.   The test on supplementary information shall be based on the technical specifications defined by the Member States participating in SIS 1+ acting within the Council.
   5.   The test results shall be analysed by the Member States participating in SIS 1+ acting within the Council.
   6.   Member States not participating in SIS 1+ may participate in the test on supplementary information. Their results shall not affect the overall validation of the test.
   Article 10
   Interim migration architecture
   1.   An interim SIS migration architecture shall be set up. The converter connects Central SIS II and C.SIS for a transitional period. The N.SIS are connected to C.SIS, the N.SIS II to Central SIS II.
   2.   The Commission shall provide a converter, the Central SIS II and its communication infrastructure as part of the interim SIS migration architecture.
   3.   The converter shall convert data in two directions between the C.SIS and Central SIS II and keep C.SIS and Central SIS II synchronised.
   4.   The Commission shall test the communication between Central SIS II and the converter.
   5.   France shall test the communication between C.SIS and the converter.
   6.   The Commission and France shall test the communication between Central SIS II and C.SIS via the converter.
   7.   France, together with the Commission, shall connect C.SIS via the converter to Central SIS II.
   8.   The Commission, together with France and the other Member States participating in SIS 1+, shall test the interim SIS migration architecture as a whole in accordance with a test plan provided by the Commission.
   9.   France shall make available data for test purpose, if necessary.
   Article 11
   Migration from SIS 1+ to SIS II
   1.   For the migration from C.SIS to Central SIS II, France shall make available the SIS 1+ database and the Commission shall introduce the SIS 1+ database into Central SIS II.
   2.   The Member States participating in SIS 1+ shall migrate from N.SIS to N.SIS II using the interim migration architecture, with the support of France and of the Commission, by 30 September 2009 at the latest. If necessary, this date may be changed in accordance with the procedure defined in Article 17(2).
   3.   The migration of the national system from SIS 1+ to SIS II consists of the data loading of N.SIS II, when that N.SIS II is to contain a data file, the national copy, containing a complete or partial copy of the SIS II database, followed by a switchover from N.SIS to N.SIS II for each Member State. The migration shall follow a detailed schedule provided by the Commission and the Member States participating in SIS 1+ acting within the Council.
   4.   The Commission shall assist in coordination and support of the common activities during the migration.
   5.   The switchover foreseen in the migration process shall be carried out after the validation mentioned in Article 8(7).
   Article 12
   Substantive legal framework
   During the migration, the provisions of Title IV of the Schengen Convention shall continue to apply to the Schengen Information System.
   Article 13
   Cooperation
   1.   The Member States and the Commission shall cooperate for the execution of all the activities covered by this Decision in accordance with their respective responsibilities.
   2.   The Commission shall in particular provide the necessary support at Central SIS II level for the testing and migration of N.SIS II.
   3.   Member States shall in particular provide the necessary support at N.SIS II level for the testing of the interim migration infrastructure.
   Article 14
   Keeping of records in Central SIS II
   1.   Without prejudice to the relevant provisions of Title IV of the Schengen Convention, the Commission shall ensure that every access to and all exchanges of personal data within Central SIS II are recorded for the purposes of checking whether or not the search is lawful, monitoring the lawfulness of data processing and ensuring the proper functioning of Central SIS II and of national systems, data integrity and security.
   2.   The records shall show, in particular, the date and time of the data transmitted, the data used to perform searches, the reference to the data transmitted and the name of the competent authority responsible for processing the data.
   3.   The records may only be used for the purposes referred to in paragraph 1 and shall be deleted at the earliest one year, and at the latest three years after their creation.
   4.   Records may be kept longer if they are required for monitoring procedures that are already underway.
   5.   The competent authorities in charge of checking whether or not a search is lawful, monitoring the lawfulness of data processing, self-monitoring and ensuring the proper functioning of Central SIS II, data integrity and security, shall have access, within the limits of their competence and at their request, to those records for the purpose of fulfilling their tasks.
   Article 15
   Costs
   1.   The costs arising from migration, the comprehensive test, the test on supplementary information, maintenance and development measures at Central SIS II level or concerning the communication infrastructure shall be borne by the general budget of the European Union.
   2.   The costs arising from migration, testing, maintenance and development of the national systems shall be borne by each Member State concerned.
   3.   The costs arising from activities at SIS 1+ level, including supplementary activities of France, acting on behalf of the Member States participating in SIS 1+, shall be borne in accordance with the provisions of Article 119 of the Schengen Convention.
   Article 16
   Amendment of the provisions of the Schengen Convention
   The provisions of the Schengen Convention are hereby amended as follows:

               1.

               the following Article shall be inserted:
               ‘Article 92A
               1.   As from the entry into force of Council Regulation (EC) No 1104/2008 (19) and Council Decision 2008/839/JHA (20) and relying on the definitions in Article 2 of that Regulation, the technical architecture of the Schengen Information System may be supplemented by:

                           (a)

                           an additional central system composed of:

                                       —

                                       technical support function (Central SIS II), located in France and backup Central SIS II located in Austria, containing the SIS II database and a uniform national interface (NI-SIS),

                                       —

                                       a technical connection between the C.SIS and the Central SIS II via the converter allowing the conversion and synchronisation of data between the C.SIS and the Central SIS II;

                           (b)

                           a national system (N.SIS II), consisting of the national data systems, which communicates with the Central SIS II;

                           (c)

                           an infrastructure for communication between Central SIS II and the N.SIS II connected to the NI-SIS.

                     2.   The N.SIS II may replace the national section referred to in Article 92 of this Convention, in which case the Member States need not hold a national data file.
               3.   The central SIS II database shall be available for the purpose of carrying out automated searches in the territory of each Member State.
               4.   In case any of the Member States replace their national section by N.SIS II, the compulsory functions of the technical support function towards that national section as mentioned in Article 92(2) and (3) become compulsory functions towards Central SIS II, without prejudice to the obligations referred to in Council Decision 2008/839/JHA and in Articles 5(1), 10(1), (2) and (3) of Council Regulation (EC) No 1104/2008.
               5.   Central SIS II shall provide the services necessary for the entry and processing of SIS data, the on-line update of N.SIS II national copies, the synchronisation of and consistency between N.SIS II national copies and the Central SIS II database and provide operations for initialisation and restoration of N.SIS II national copies.
               6.   France, responsible for the technical support function, the other Member States and the Commission shall cooperate to ensure that a search in the data files of N.SIS II or in the SIS II database produces a result equivalent to that of a search in the data file of the national sections referred to in Article 92(2).

               2.

               in Article 119 first paragraph, the first sentence shall be replaced by the following:
               ‘The costs of installing and operating the technical support function referred to in Article 92(3), including the cost of lines connecting the national sections of the Schengen Information System to the technical support function, and of activities performed in conjunction with tasks conferred upon France in application of Council Decision 2008/839/JHA and of Council Regulation (EC) No 1104/2008 shall be borne jointly by the Member States.’;

               3.

               in Article 119, the second paragraph shall be replaced by the following:
               ‘The costs of installing and operating the national section of the Schengen Information System and of tasks conferred upon national systems under Council Decision 2008/839/JHA and Council Regulation (EC) No 1104/2008 shall be borne by each Member State individually.’

         Article 17
   Committee
   1.   The Commission shall be assisted by the Committee established by Article 67(1) of Decision 2007/533/JHA.
   2.   Where reference is made to this paragraph, the procedure set out in Article 67 of Decision 2007/533/JHA shall apply.
   Article 18
   Reporting
   The Commission shall submit by the end of every six month period, and for the first time by the end of the first six month period of 2009, a progress report to the European Parliament and the Council concerning the development of SIS II and the migration from SIS 1+ to SIS II.
   Article 19
   Entry into force and applicability
   This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union. It shall expire on a date to be fixed by the Council, acting in accordance with Article 71(2) of Decision 2007/533/JHA, and in any case no later than on 30 June 2010.

      Done at Luxembourg, 24 October 2008.

            For the Council

            The President

         M. ALLIOT-MARIE

      (1)  Opinion of 24 September 2008 (not yet published in the Official Journal).

      (2)  OJ L 239, 22.9.2000, p. 19.

      (3)  OJ L 328, 13.12.2001, p. 4.

      (4)  OJ L 328, 13.12.2001, p. 1.

      (5)  OJ L 205, 7.8.2007, p. 63.

      (6)  OJ L 381, 28.12.2006, p. 4.

      (7)  OJ L 57, 1.3.2008, p. 1.

      (8)  OJ L 57, 1.3.2008, p. 14.

      (9)  OJ L 248, 16.9.2002, p. 1.

      (10)  OJ L 8, 12.1.2001, p. 1.

      (11)  OJ L 12, 17.1.2004, p. 47.

      (12)  OJ L 131, 1.6.2000, p. 43.

      (13)  OJ L 64, 7.3.2002, p. 20.

      (14)  OJ L 176, 10.7.1999, p. 36.

      (15)  OJ L 176, 10.7.1999, p. 31.

      (16)  OJ L 53, 27.2.2008, p. 52.

      (17)  OJ L 53, 27.2.2008, p. 50.

      (18)  OJ L 83, 26.3.2008, p. 5.

      (19)  OJ L 299, 8.11.2008, p. 1.

      (20)  OJ L 299, 8.11.2008, p. 43.’;


Avis juridique important

|

31994D0809(03)

Council Decision of 25 July 1994 appointing the members and alternate members of the Advisory Committee on the Training of Dental Practitioners

Official Journal C 221 , 09/08/1994 P. 0005 - 0006

COUNCIL DECISION of 25 July 1994 appointing the members and alternate members of the Advisory Committee on the Training of Dental Practitioners (94/C 221/03)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Decision 78/688/EEC of 25 July 1978 setting up an Advisory Committee on the Training of Dental Practitioners (1), and in particular Articles 3 and 4 thereof,Whereas pursuant to Article 3 of the said Decision the said Committee consists of three experts from each Member State and an alternate for each of those experts; whereas pursuant to Article 4 of the same Decision the term of office of those experts and alternates is three years;Whereas, by its Decision of 27 July 1990 (2), the Council appointed the members and alternate members of the said Committee in respect of 11 Member States for the period from 27 July 1990 to 26 July 1993;Whereas, by its Decision of 4 February 1991 (3), the Council appointed the Belgian members and alternate members of the said Committee for the period until 26 July 1993.Whereas the Governments of 11 Member States have each submitted a list of candidates for appointment, replacement or renewal of the term of office of these members and alternate members,HAS DECIDED AS FOLLOWS:Sole Article The following are hereby appointed members and alternate members of the Advisory Committee on the Training of Dental Practitioners for the period from 25 July 1994 to 27 July 1997:A. Experts from the practising profession>TABLE>B. Experts from the dental teaching institutions>TABLE>C. Experts from the competent authorities of the Member States>TABLE>Done at Brussels, 25 July 1994.For the CouncilThe PraesidentF.-CH. ZEITLER(1) OJ No L 233, 24. 8. 1978, p. 15.(2) OJ No C 201, 10. 8. 1990, p. 8. Corrigendum: OJ No C 238, 22. 9. 1990, p. 11.(3) OJ No C 39, 15. 2. 1991, p. 4.


Avis juridique important

|

31992D0231

92/231/EEC: Council Decision of 18 March 1991 on the conclusion of an agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria concerning the marketing, in Austrian territory, of Community table wines and ' Landwein' in bottles

Official Journal L 111 , 29/04/1992 P. 0016 - 0016

COUNCIL DECISION  of 18 March 1991  on the conclusion of an agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria concerning the marketing, in Austrian territory, of Community table  wines and 'Landwein' in bottles  (92/231/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas, to promote quality wines at the expense of table wines and to avoid any confusion in the minds of consumers, the Austrian law of 29 August 1985 relating to wines prohibits the marketing of table wine in bottles containing more than 25 cl but  less than one litre; whereas that measure nonetheless constitutes a barrier to imports of Community table wines traditionally marketed in bottles of less than one litre;  Whereas it is in the interest of the Community and Austria to foster the harmonious development of trade in wine, in accordance with Article 15 of the agreement between the European Economic Community and the Republic of Austria signed on 22 July 1972  (1), particularly as regards table wines of a certain quality; whereas, to that end, an agreement should be concluded whereby Austria permits the marketing, on its territory, of the wines in question, notwithstanding the abovementioned Austrian  provisions and subject to observance of a minimum import price;  Whereas the Commission has negotiated an agreement on the matter with the Republic of Austria in the form of an exchange of letters which should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria concerning the marketing, in Austrian territory, of Community table wines and 'Landwein' in bottles is hereby approved on  behalf of the Community.  The text of the agreement is attached to this Decision.  Article 2  1. The President of the Council is hereby authorized to designate the person empowered to sign the Agreement.  2. The President of the Council shall give the notification provided for in point 6 of the Agreement. Done at Brussels, 18 March 1991. For the Council  The President  J.-C. JUNCKER   (1) OJ No L 300, 31. 12. 1972, p. 2.