title: Council Decision (EU) 2016/1202 of 18 July 2016 establishing the position to be taken on behalf of the European Union within the General Council of the World Trade Organisation on the United States' request for a WTO waiver to extend the system of preferential treatment granted to the Former Trust Territory of the Pacific Islands

text:
               23.7.2016

               EN

               Official Journal of the European Union

               L 198/43

         COUNCIL DECISION (EU) 2016/1202
   of 18 July 2016
   establishing the position to be taken on behalf of the European Union within the General Council of the World Trade Organisation on the United States' request for a WTO waiver to extend the system of preferential treatment granted to the Former Trust Territory of the Pacific Islands
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Paragraphs 3 and 4 of Article IX of the Marrakesh Agreement establishing the World Trade Organisation (‘WTO Agreement’) set out the procedures for waiving an obligation imposed on a Member by the WTO Agreement or any of the Multilateral Trade Agreements.

               (2)

               The United States was granted a waiver of obligations under paragraph 1 of Article I of the General Agreement on Tariffs and Trade 1994 (‘GATT 1994’), which was most recently extended on 1 August 2007 covering the period through 31 December 2016.

               (3)

               Pursuant to paragraph 3 of Article IX of the WTO Agreement, the United States submitted a request to waive until 31 December 2026 its obligations under paragraph 1 of Article I of the GATT 1994 to the extent necessary to permit the United States to continue providing preferential treatment to eligible products of the Former Trust Territory of the Pacific Islands (Republic of the Marshall Islands, the Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau) imported into the customs territory of the United States.

               (4)

               The granting of the United States request for a WTO waiver would not affect negatively either the economy of the Union or the trade relations with the beneficiaries of the waiver.

               (5)

               It is appropriate, therefore, to establish the position to be taken on behalf of the Union within the WTO General Council to support the waiver request by the United States,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the Union within the General Council of the World Trade Organization shall be to support the United States' request to waive obligations under paragraph 1 of Article I of the General Agreement on Tariffs and Trade 1994 until 31 December 2026 in accordance with the terms of the United States' waiver request.
   This position shall be expressed by the Commission.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 18 July 2016.

            For the Council

            The President

         G. MATEČNÁ


title: 2010/807/EU: Decision of the European Parliament and of the Council of 15 December 2010 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/006 PL/H. Cegielski-Poznań from Poland)

text:
               28.12.2010

               EN

               Official Journal of the European Union

               L 342/19

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 15 December 2010
   on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/006 PL/H. Cegielski-Poznań from Poland)
   (2010/807/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               Poland submitted an application on 8 March 2010 to mobilise the EGF, in respect of redundancies in the enterprise H. Cegielski-Poznań Poland SA and supplemented it with additional information up to 10 August 2010. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 114 250.

               (5)

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

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2010, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 114 250 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 15 December 2010.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         O. CHASTEL

      (1)  OJ C 139, 14.6.2006, p. 1.

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


title: Council Decision 2012/312/CFSP of 18 June 2012 on the European Union Aviation Security CSDP Mission in South Sudan (EUAVSEC-South Sudan)

text:
               19.6.2012

               EN

               Official Journal of the European Union

               L 158/17

         COUNCIL DECISION 2012/312/CFSP
   of 18 June 2012
   on the European Union Aviation Security CSDP Mission in South Sudan
   (EUAVSEC-South Sudan)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 28 and Articles 42(4) and 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               In its Resolution 1996 (2011), adopted on 8 July 2011, the United Nations Security Council welcomed the establishment of the Republic of South Sudan on 9 July 2011 upon its proclamation as an independent State and underscored the need for forging stronger and well-defined partnerships among the United Nations, development agencies, bilateral partners, and other relevant actors, regional and sub-regional institutions and the international financial institutions, to implement national strategies aimed at effective institution building, which are based on national ownership, the achievement of results, and mutual accountability.

               (2)

               On 20 June 2011, the Council agreed to follow a comprehensive approach to Sudan and South Sudan with, inter alia, the aim of assisting South Sudan to become a viable, stable, and prosperous state. The Comprehensive Approach set out, as a short-term option, the possible deployment of a civilian common security and defence policy (CSDP) mission to strengthen airport security and, as a medium-term option, the contribution to broader border management in South Sudan.

               (3)

               On 19 July 2011, on behalf of the Government of South Sudan (GoSS), the South Sudanese Minister for Transport and Roads addressed a letter to the High Representative of the Union for Foreign Affairs and Security Policy (HR) welcoming the Union’s proposal to contribute to the strengthening of the security at Juba International Airport (JIA) in order to raise it to internationally accepted standards, through the deployment of a CSDP mission.

               (4)

               On 23 January 2012 the Council approved the Crisis Management Concept for a European Union Aviation Security CSDP mission in South Sudan (EUAVSEC-South Sudan).

               (5)

               The Watch-Keeping Capability should be activated for EUAVSEC-South Sudan.

               (6)

               EUAVSEC-South Sudan will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty on European Union (TEU),

         HAS ADOPTED THIS DECISION:
   Article 1
   Mission
   The Union hereby establishes a European Union Aviation Security CSDP Mission in South Sudan (EUAVSEC-South Sudan).
   Article 2
   Objectives
   1.   The strategic objective of EUAVSEC-South Sudan is to contribute to the sustainable and effective functioning of Juba International Airport (JIA), by achieving acceptable security capacity under local ownership, in line with international standards and applicable best practice.
   2.   In particular, EUAVSEC-South Sudan shall contribute to strengthening aviation security, border control and law enforcement at JIA, under public oversight and in accordance with human rights standards.
   Article 3
   Tasks
   1.   In order to fulfil the objectives set out in Article 2, EUAVSEC-South Sudan shall:

               (a)

               assist and advise the Government of South Sudan (GoSS) and other relevant South Sudanese services to establish the aviation security organisation at the Ministry of Transport and at JIA;

               (b)

               assist and advise the GoSS and other relevant South Sudanese services to develop, adopt and implement:

                           —

                           aviation security programmes and plans by the civil aviation authority of South Sudan,

                           —

                           aviation security programmes, plans and relevant standard operating procedures at JIA;

               (c)

               improve the performance of officials involved in aviation security operations, according to International Civil Aviation Organization (ICAO) standards and recommended procedures, through training, mentoring, monitoring, advice, assistance and coordination;

               (d)

               support sustainability and long-term viability of South Sudan’s achievements by working with other Union and international stake-holders;

               (e)

               support the promotion of security awareness amongst the commercial and private entities operating at JIA.

         2.   EUAVSEC-South Sudan shall not carry out any executive function.
   Article 4
   Chain of command and structure
   1.   EUAVSEC-South Sudan shall have a unified chain of command as a crisis management operation.
   2.   EUAVSEC-South Sudan shall have its Headquarters in Juba.
   3.   During the preparatory phase of EUAVSEC-South Sudan, the Head of Mission shall be assisted by a planning team comprising the necessary staff to respond to Mission preparation needs.
   4.   During the implementation phase, EUAVSEC-South Sudan shall be structured as follows:

               (a)

               Head of Mission;

               (b)

               Planning and Operations component including training capacity;

               (c)

               Mission Support component;

               (d)

               Reporting, Security and Political Advisory/Public Information elements.

         Article 5
   Civilian Operation Commander
   1.   The Civilian Planning and Conduct Capability (CPCC) Director shall be the Civilian Operation Commander for EUAVSEC-South Sudan.
   2.   The Civilian Operation Commander, under the political control and strategic direction of the Political and Security Committee (PSC) and overall authority of the High Representative of the Union for Foreign Affairs and Security Policy (HR), shall exercise command and control of EUAVSEC-South Sudan at the strategic level.
   3.   The Civilian Operation Commander shall ensure, with regard to the conduct of operations, proper and effective implementation of the Council’s decisions as well as the PSC’s decisions, including by issuing instructions at the strategic level as required to the Head of Mission and providing him with advice and technical support.
   4.   The Civilian Operation Commander shall report to the Council through the HR.
   5.   All seconded staff shall remain under the full command of the national authorities of the seconding State or Union institution concerned. National authorities shall transfer Operational Control (OPCON) of their personnel, teams and units to the Civilian Operation Commander.
   6.   The Civilian Operation Commander shall have overall responsibility for ensuring that the Union’s duty of care is properly discharged.
   7.   The Civilian Operation Commander, the European Union Special Representative for Sudan and South Sudan (EUSR) and the Head of Union Delegation in South Sudan shall consult each other as required.
   Article 6
   Head of Mission
   1.   The Head of Mission shall assume responsibility for, and exercise command and control of, EUAVSEC-South Sudan at theatre level and shall be directly responsible to the Civilian Operation Commander.
   2.   The Head of Mission shall exercise command and control over personnel, teams and units from contributing States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility including over assets, resources and information placed at the disposal of EUAVSEC-South Sudan.
   3.   The Head of Mission shall issue instructions to all EUAVSEC-South Sudan staff for the effective conduct of the EUAVSEC-South Sudan in theatre, assuming its coordination and day-to-day management, and following the instructions at the strategic level of the Civilian Operation Commander.
   4.   The Head of Mission shall be responsible for the implementation of the budget of EUAVSEC-South Sudan. For this purpose, the Head of Mission shall sign a contract with the Commission.
   5.   The Head of Mission shall be responsible for disciplinary control over the staff. For seconded staff, disciplinary action shall be exercised by the national authority or Union institution concerned.
   6.   The Head of Mission shall represent EUAVSEC-South Sudan in the operations area and shall ensure appropriate visibility of EUAVSEC-South Sudan.
   7.   The Head of Mission shall coordinate, as appropriate, with other Union actors on the ground. The Head of Mission shall, without prejudice to the chain of command, receive local political guidance from the EUSR, in close coordination with the Head of Union Delegation in South Sudan.
   Article 7
   Staff
   1.   EUAVSEC-South Sudan shall consist primarily of staff seconded by Member States, Union institutions or the European External Action Service (EEAS). Each Member State or Union institution, or EEAS shall bear the costs related to any of the staff seconded by it, including travel expenses to and from the place of deployment, salaries, medical coverage and allowances other than applicable daily allowances.
   2.   The State or Union institution, or EEAS having seconded a member of staff shall be responsible for answering any claims linked to the secondment, from or concerning the member of staff and for bringing any action against the seconded person.
   3.   International and local staff shall be recruited on a contractual basis by the EUAVSEC-South Sudan if the functions required are not provided by personnel seconded by Member States. Exceptionally, in duly justified cases, where no qualified applications from Member States are available, nationals from participating third States may be recruited on a contractual basis, as appropriate.
   4.   The conditions of employment and the rights and obligations of international and local staff shall be laid down in the contracts between the Head of Mission and the members of staff.
   Article 8
   Status of EUAVSEC-South Sudan and of its staff
   The status of EUAVSEC-South Sudan and its staff, including where appropriate the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EUAVSEC-South Sudan, shall be the subject of an agreement concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union.
   Article 9
   Political control and strategic direction
   1.   The PSC shall exercise, under the responsibility of the Council and of the HR, political control and strategic direction of the EUAVSEC-South Sudan. The Council hereby authorises the PSC to take the relevant decisions in accordance with the third paragraph of Article 38 TEU. This authorisation shall include the powers to appoint a Head of Mission, upon a proposal of the HR, and to amend the Concept of operations (CONOPS) and the Operation Plan (OPLAN). The powers of decision with respect to the objectives and termination of the EUAVSEC-South Sudan shall remain vested in the Council.
   2.   The PSC shall report to the Council at regular intervals.
   3.   The PSC shall receive, on a regular basis and as required, reports by the Civilian Operation Commander and the Head of Mission on issues within their areas of responsibility.
   Article 10
   Participation of third States
   1.   Without prejudice to the decision-making autonomy of the Union and its single institutional framework, third States may be invited to contribute to EUAVSEC-South Sudan, provided that they bear the cost of the staff seconded by them, including salaries, all risk insurance cover, daily subsistence allowances and travel expenses to and from South Sudan, and that they contribute to the running costs of EUAVSEC-South Sudan, as appropriate.
   2.   Third States contributing to EUAVSEC-South Sudan shall have the same rights and obligations in terms of day-to-day management of EUAVSEC-South Sudan as Member States.
   3.   The Council hereby authorises the PSC to take the relevant decisions on acceptance of the proposed contributions and to establish a Committee of Contributors.
   4.   Detailed arrangements regarding the participation of third States shall be covered by agreements concluded in accordance with Article 37 TEU and additional technical arrangement as necessary. Where the Union and a third State conclude an agreement establishing a framework for the participation of that third State in Union crisis-management operations, the provisions of that agreement shall apply in the context of EUAVSEC-South Sudan.
   Article 11
   Security
   1.   The Civilian Operation Commander shall direct the Head of Mission’s planning of security measures and ensure their proper and effective implementation by EUAVSEC-South Sudan in accordance with Article 5.
   2.   The Head of Mission shall be responsible for the security of EUAVSEC-South Sudan and for ensuring compliance with minimum security requirements applicable to EUAVSEC-South Sudan, in line with the policy of the Union on the security of personnel deployed outside the Union in an operational capacity under Title V TEU, and its supporting instruments.
   3.   The Head of Mission shall be assisted by a Mission Security Officer (MSO), who shall report to the Head of Mission and also maintain a close functional relationship with the EEAS.
   4.   The EUAVSEC-South Sudan staff shall undergo mandatory security training before taking up their duties, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the MSO.
   5.   The Head of Mission shall ensure the protection of EU classified information in accordance with Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (1).
   Article 12
   Watch-Keeping Capability
   The Watch-Keeping Capability shall be activated for EUAVSEC-South Sudan.
   Article 13
   Financial arrangements
   1.   The financial reference amount intended to cover the expenditure related to EUAVSEC-South Sudan shall be EUR 12 500 000.
   2.   All expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the Union.
   3.   Nationals of participating third States and of host and neighbouring countries shall be allowed to tender for contracts. Subject to the Commission’s approval, the Head of Mission may conclude technical arrangements with Member States, participating third States, and other international actors regarding the provision of equipment, services and premises to EUAVSEC-South Sudan.
   4.   The financial arrangements shall respect the operational requirements of EUAVSEC-South Sudan including compatibility of equipment and interoperability of its teams.
   5.   The Head of Mission shall report fully to, and be supervised by, the Commission on the activities undertaken in the framework of his/her contract.
   6.   The expenditure related to EUAVSEC-South Sudan shall be eligible as of the date of appointment of the Head of Mission.
   Article 14
   Consistency of the Union’s response and coordination
   1.   The HR shall ensure the consistency of the implementation of this Decision with the Union’s external action as a whole, including the Union’s development programmes.
   2.   Without prejudice to the chain of command, the Head of Mission shall act in close coordination with the Union’s delegation in Juba to ensure the consistency of Union action in South Sudan.
   3.   The Head of Mission shall coordinate closely with Member States present in South Sudan.
   Article 15
   Release of information
   1.   The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of EUAVSEC-South Sudan, EU classified information up to ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ level generated for the purposes of EUAVSEC-South Sudan, in accordance with Decision 2011/292/EU.
   2.   The HR shall also be authorised to release to the United Nations (UN) and the ICAO, in accordance with the operational needs of EUAVSEC-South Sudan, EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level which are generated for the purposes of EUAVSEC-South Sudan, in accordance with Decision 2011/292/EU. Arrangements between the HR and the competent authorities of UN and ICAO shall be drawn up for this purpose.
   3.   In the event of a specific and immediate operational need, the HR shall also be authorised to release to the host State any EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level which are generated for the purposes of EUAVSEC-South Sudan, in accordance with Decision 2011/292/EU. Arrangements between the HR and the competent authorities of the host State shall be drawn up for this purpose.
   4.   The HR shall be authorised to release to the third States associated with this Decision any EU non-classified documents connected with the deliberations of the Council relating to EUAVSEC-South Sudan and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure (2).
   5.   The HR may delegate the powers referred to in paragraphs 1 to 4, as well as the ability to conclude the arrangements referred to in paragraphs 2 and 3 to persons placed under his/her authority, to the Civilian Operations Commander and/or to the Head of Mission.
   Article 16
   Entry into force and duration
   This Decision shall enter into force on the day of its adoption.
   It shall apply for a period of 19 months.

      Done at Luxembourg, 18 June 2012.

            For the Council

            The President

         M. GJERSKOV

      (1)  OJ L 141, 27.5.2011, p. 17.

      (2)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35).


               24.3.2017

               EN

               Official Journal of the European Union

               C 93/159

         P7_TA(2014)0053
   Request for waiver of the parliamentary immunity of Zbigniew Ziobro
   European Parliament decision of 4 February 2014 on the request for waiver of the immunity of Zbigniew Ziobro (2013/2189(IMM))
   (2017/C 093/30)

      The European Parliament,

               —

               having regard to the request for waiver of the immunity of Zbigniew Ziobro, put forward by the Public Prosecutor of the Republic of Poland on 24 June 2013, in connection with criminal proceedings pending before the District Court for Warsaw City Centre, Department V (Criminal) [Reference No V K199/12], and announced in plenary on 9 September 2013,

               —

               having regard to the hearing of Zbigniew Ziobro, in accordance with Rule 7(5) of its Rules of Procedure,

               —

               having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010 and 6 September 2011 (1),

               —

               having regard to Article 105 of the Constitution of the Republic of Poland,

               —

               having regard to Rules 6(1) and 7 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A7-0045/2014),

               A.

               whereas the Public Prosecutor of the Republic of Poland has requested the waiver of the parliamentary immunity of Zbigniew Ziobro, Member of the European Parliament, in connection with legal action concerning an alleged criminal offence;

               B.

               whereas the request by the Public Prosecutor relates to an offence subject to private prosecution under Article 212(1) and (2) of the Polish Criminal Code;

               C.

               whereas, according to Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties;

               D.

               whereas, according to Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament shall enjoy, in the territory of their own State, the immunities accorded to members of their Parliament;

               E.

               whereas, under Article 105 of the Constitution of the Republic of Poland, ‘a Deputy shall not be held accountable for his activity performed within the scope of a Deputy’s mandate during the term thereof nor after its completion. Regarding such activities, a Deputy can only be held accountable before the Sejm and, in a case where he has infringed the rights of third parties, he may only be proceeded against before a court with the consent of the Sejm’;

               F.

               whereas whether immunity is or is not to be waived in a given case is for Parliament alone to decide; whereas Parliament may reasonably take account of the Member’s position in reaching its decision on whether or not to waive his/her immunity (2);

               G.

               whereas the alleged offence does not have a direct or obvious connection with Zbigniew Ziobro’s performance of his duties as a Member of the European Parliament, nor does it constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

               H.

               whereas the criminal proceedings brought against Zbigniew Ziobro bear no connection to his position as a Member of the European Parliament;

               I.

               whereas in the present case Parliament has found no evidence of fumus persecutionis, that is, a sufficiently serious and precise suspicion that the case has been brought with the intention of causing political damage to the Member concerned;

               J.

               whereas the request is brought as a result of a counterclaim and whereas, in such a context, a decision not to waive a Member’s immunity would prevent the other private party from pursuing his case before the court as part of his defence;

               1.

               Decides to waive the immunity of Zbigniew Ziobro;

               2.

               Instructs its President to forward this decision and the report of its competent committee immediately to the competent authority of the Republic of Poland and to Zbigniew Ziobro.

      (1)  Judgment of 12 May 1964 in Case 101/63, Wagner v Fohrmann and Krier (ECR 1964, p. 195); judgment of 10 July 1986 in Case 149/85, Wybot v Faure and others (ECR 1986, p. 2403); judgment of 15 October 2008 in Case T-345/05, Mote v Parliament (ECR 2008, p. II-2849); judgment of 21 October 2008 in Joined Cases C-200/07 and C-201/07, Marra v De Gregorio and Clemente (ECR 2008, p. I-7929); judgment of 19 March 2010 in Case T-42/06, Gollnisch v Parliament (ECR 2010, p. II-1135); judgment of 6 September 2011 in Case C-163/10, Patriciello (ECR 2011, p. I-7565).

      (2)  Case T-345/05 Mote v Parliament [2008] ECR II-2849, paragraph 28.


title: Council Decision 2005/81/CFSP of 31 January 2005 extending the mandate of the Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia-Herzegovina

text:
               2.2.2005

               EN

               Official Journal of the European Union

               L 29/48

      COUNCIL DECISION 2005/81/CFSP
   of 31 January 2005
   extending the mandate of the Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia-Herzegovina
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 23(2) thereof,
   Having regard to Council Joint Action 2002/210/CFSP of 11 March 2002 on the European Union Police Mission (1) (EUPM), and in particular Article 4 thereof,
   Having regard to Council Decision 2004/188/CFSP of 23 February 2004 concerning the appointment of the Head of Mission/Police Commissioner of the EUPM (2),
   Whereas:

               (1)

               On 23 February 2004, the Council adopted Decision 2004/188/CFSP appointing Mr Bartholomew Kevin Carty as Head of Mission/Police Commissioner of the EUPM as of 1 March 2004 for the duration of one year.

               (2)

               Decision 2004/188/CFSP expires on 1 March 2005.

               (3)

               The Secretary General/High Representative has proposed the extension of the mandate of Mr Bartholomew Kevin Carty as Head of Mission/Police Commissioner of the EUPM until 31 December 2005.

               (4)

               The mandate of the Head of Mission/Police Commissioner of the EUPM should therefore be extended,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The mandate of Mr Bartholomew Kevin Carty as Head of Mission/Police Commissioner of the EUPM is hereby extended until 31 December 2005.
   Article 2
   This Decision shall take effect on the day of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 31 January 2005.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 70, 13.3.2002, p. 1. Joint Action as last amended by Joint Action 2003/188/CFSP (OJ L 73, 19.3.2003, p. 9).

      (2)  OJ L 58, 26.2.2004, p. 27.


title: 2014/317/Euratom: Council Decision of 15 November 2013 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
               4.6.2014

               EN

               Official Journal of the European Union

               L 165/5

         COUNCIL DECISION
   of 15 November 2013
   approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union

      (2014/317/Euratom)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the recommendation from the European Commission,
   Whereas:

               (1)

               On 24 September 2012, the Council authorised the Commission to open negotiations with the Republic of Albania in order to conclude a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’).

               (2)

               Those negotiations were successfully completed and the Protocol was approved by the Albanian authorities, through an Exchange of Letters on 1 August 2013.

               (3)

               The conclusion, by the European Commission, of the Protocol should be approved as regards matters falling within the competence of the European Atomic Energy Community.

               (4)

               The signature and conclusion of the Protocol are subject to a separate procedure as regards matters falling within the competence of the Union and its Member States,

         HAS ADOPTED THIS DECISION:
   Sole Article
   The conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved.
   The text of the Protocol is attached to the Decision on its signature.

      Done at Brussels, 15 November 2013.

            For the Council

            The President

         R. ŠADŽIUS


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31986D0281

86/281/EEC: Council Decision of 23 June 1986 amending the Internal Agreement dated 19 February 1985 on the Financing and Administration of Community Aid under the Third ACP-EEC Convention

Official Journal L 178 , 02/07/1986 P. 0013 - 0014 Finnish special edition: Chapter 11 Volume 11 P. 0271  Swedish special edition: Chapter 11 Volume 11 P. 0271

*****COUNCIL  DECISION  of 23 June 1986  amending the Internal Agreement dated 19 February 1985 on the Financing and Administration of Community Aid under the Third ACP-EEC Convention  (86/281/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Third ACP-EEC Convention, signed at Lomé on 8 December 1984,  Having regard to the Internal Agreement on the Financing and Administration of Community Aid signed in Brussels on 19 February 1985, hereinafter referred to as 'the Internal Agreement', and in particular Articles 1 (2) and 18 (5) thereof,  Whereas, on 1 January 1986, the Kingdom of Spain and the Portuguese Republic acceded to the Community;  After consulting the Commission,  HAS DECIDED AS FOLLOWS:  Article 1  1. Article 1 (2) of the Internal Agreement shall be replaced by the following:  '2. (a) The Fund shall consist of 7 500 million ECU to be financed by the Member States as follows:  1.2 //  // (million ECU)   // Belgium   // 296,94  // Denmark   // 155,82   // Germany   // 1 954,40   // Greece  // 93,03   // Spain   // 499,80   // France   // 1 768,20  // Ireland   // 41,30   // Italy   // 943,80   // Luxembourg  // 14,00   // Netherlands   // 423,36   // Portugal   // 66,15   // United Kingdom   // 1 243,20  (b) The allocation of financing under (a) may be amended by decision of the Council, acting unanimously, should a new State accede to the Community.'  2. Annexes I and II to the Internal Agreement shall be deleted.  Article 2  1. In Article 18 of the Internal Agreement, (3) and (4) shall be replaced by the following:  '3. Within the EDF Committee, the votes of the Member States shall be weighted as follows:  Belgium 8,  Denmark 5,  Germany 52,  Greece 4,  Spain 14,  France 48,  Ireland 2,  Italy 26,  Luxembourg 1,  Netherlands 12,  Portugal 3,  United Kingdom 34.  4. The EDF Committee shall act by a qualified majority of 145 votes.'  2. The first subparagraph of Article 18 (5) shall be deleted. Article 3  This Decision shall take effect on the day following its adoption by the Council.  Done at Luxembourg, 23 June 1986.  For the Council  The President  W F. van EEKELEM


title: Council Decision of 18 June 1973 adopting a programme of research in new technologies for the European Economic Community (use of solar energy and recycling of raw materials)

text:
No L 189/34                            Official Journal of the European Communities                                   11 . 7. 73
                                                   COUNCIL DECISION
                                                       of 18 June 1973
              adopting a programme of research in new technologies for the European Economic
                               Community (use of solar energy and recycling of raw materials)
                                                        (73 / 176/EEC)
THE COUNCIL OF THE EUROPEAN                                        Annex is hereby adopted for a period of four years
COMMUNITIES,                                                       from 1 January 1973 . The Annex forms an integral
                                                                   part of this Decision .
Having regard to the Treaty establishing the
European Economic Community, and in particular                                               Article 2
Article 235 thereof;
Having regard to the Proposal from the Commission ;                The maximum expenditure and staff required for
                                                                   implementing this programme shall be 3-05 million
Having regard to the Opinion of the European                       units of account and 30 staff; the unit of account is
Parliament;                                                        defined in Article 10 of the Financial Regulation of
                                                                   25 April 1973 (2 ) applicable to the general budget of
Having regard to the Council Resolution of 17                      the European Communities .
December 1970 (*) on the detailed rules for the
adoption of research and education programmes ;
                                                                                Article 3
Whereas Article 2 of the Treaty establishing the
European Economic Community assigns to the                         The Commission shall be responsible for the
Community, inter alia, the task of promoting                       implementation of this programme and to that end
throughout       the      Community a           harmonious         shall avail itself of the facilities of the Joint Research
development of economic activities, a continuous and               Centre . It shall submit an annual report to the
balanced expansion and an accelerated improvement                  Council on this subject.
of the standard of living ; whereas the objectives of
Community action for these purposes are set out in                                          Article 4
Article 3 of the same Treaty ;
Whereas the use of solar energy as part of the                     The programme defined in the Annex shall be subject
exploitation of natural resources and the recycling of             to review at the beginning of the second year and
raw materials are important constituents of these                  then annually, in accordance with the appropriate
objectives ;                                                       procedures and in the light of the Decisions of the
                                                                   Paris Summit Conference .
Whereas the research projects covered by this
Decision therefore appear to be necessary to achieve                                        Article 5
certain Community objectives in the operation of the
common market ;                                                    Knowledge gained from the implementation of those
Whereas the Treaty establishing the European                       parts of the programme defined in the Annex shall be
                                                                   disseminated in accordance with conditions               and
Economic Community makes no provision for all the
                                                                   within limits to be laid down at a later date .
powers required for these purposes ;
HAS ADOPTED THIS DECISION :                                        Done at Luxembourg, 18 June 1973 .
                          Article 1
                                                                                For the Council
A programme of research for the European Economic                                                          The President
Community in new technologies ( use of solar energy
and recycling of raw materials ) as indicated in the                                                        A. LAVENS
(') OJ No L 16 , 20. 1 . 1971 , p . 13                             (-) OJ No L 116 , 1-5 . 1973 , p . 1 .
 ---pagebreak--- 11.7.73                           Official Journal of the European Communities                             No L 189/35
                                                        ANNEX
                                                  DIRECT PROJECT
                                              NON-NUCLEAR PROJECT
                                                    New technologies
                                  (Use of solar energy and recycling of raw materials)
        JOINT PROGRAMME
        A maximum of 3-05 million units of account, and a staff of 30 ( including a programme staff of
        15 ), shall be allocated to this objective.
        The initial phase will be devoted to the preparation of a detailed programme. The objective
        shall include :
        Use of solar energy
        — bibliographical research and technical and economic evaluation of the various concepts for
             the collection and storage of solar energy ;
        — studies and measurements in the field of heat pipes and selective surfaces ;
        — technico-economic and feasibility studies of autonomous units of 1 to 10 kW ;
        — studies and assessments on photolysis and thermodissociation of water, and biological
             conversion .
        Recycling of raw materials
        — general study of strategies (statistical studies of long-term trends, studies on the utilization
             cycle of materials);
        — special studies on technical and/or technico-economic evaluations concerning:
             — the pyrolysis of plastics ;
             — the separation of strongly-bound alloy waste ;
             — other subjects which might arise during the general studies .
        These activities shall be conducted by the Ispra Establishment.


European Parliament decision on the request for defence of the immunity of Mr Marco Pannella (2003/2116(IMM))


title: Council Decision (EU) 2016/1764 of 29 September 2016 on the position to be taken by the European Union within the EU-ICAO Joint Committee on the Decision on the adoption of an annex on Air Traffic Management to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation

text:
               4.10.2016

               EN

               Official Journal of the European Union

               L 269/14

         COUNCIL DECISION (EU) 2016/1764
   of 29 September 2016
   on the position to be taken by the European Union within the EU-ICAO Joint Committee on the Decision on the adoption of an annex on Air Traffic Management to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Memorandum of Cooperation between the European Union and the International Civil Aviation Organization (ICAO) providing a framework for enhanced cooperation (1) (hereinafter referred to as the ‘Memorandum of Cooperation’) entered into force on 29 March 2012.

               (2)

               Pursuant to Article 7.3(c) of the Memorandum of Cooperation, the Joint Committee established by Article 7.1 of the Memorandum of Cooperation may adopt annexes to the Memorandum of Cooperation.

               (3)

               It is appropriate to establish the position to be taken by the Union within the Joint Committee with regard to the adoption of an annex on Air Traffic Management to the Memorandum of Cooperation,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the Union within the EU-ICAO Joint Committee, as referred to in Article 7.3(c) of the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation (the Memorandum of Cooperation), with regard to the adoption of an annex on Air Traffic Management to the Memorandum of Cooperation, shall be based on the draft Decision of the EU-ICAO Joint Committee, attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 29 September 2016.

            For the Council

            The President

         P. ŽIGA

      (1)  OJ L 232, 9.9.2011. p. 2.

      DRAFT DECISION OF THE EU-ICAO JOINT COMMITTEE
      of …
      on the adoption of an annex on Air Traffic Management to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation
      THE EU-ICAO JOINT COMMITTEE,
      Having regard to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation (the Memorandum of Cooperation), which entered into force on 29 March 2012, and in particular Article 7.3(c) thereof,
      Whereas it is appropriate to include an annex on Air Traffic Management in the Memorandum of Cooperation,
      HAS ADOPTED THIS DECISION:
      Article 1
      The Annex to this Decision is hereby adopted and shall form an integral part of the Memorandum of Cooperation.
      Article 2
      This Decision shall enter into force on the day of its adoption.

         Done at, ….

               For the EU-ICAO Joint Committee

               The Chairpersons

      ANNEX
      ON AIR TRAFFIC MANAGEMENT
      1.   Objectives

      1.1.   The Parties agree to cooperate in the field of Air Traffic Management and Air Navigation Services (hereinafter referred to as ATM/ANS) within the framework of the Memorandum of Cooperation (MOC) between the European Union (EU) and the International Civil Aviation Organization (ICAO) signed in Montreal on 28 April 2011 and in Brussels on 4 May 2011.
      1.2.   Consistent with their commitment to the global harmonisation of requirements included in Standards and Recommended Practices (SARPs) for ATM/ANS and the global interoperability of new technologies and systems in the domain of ATM/ANS, the Parties agree to cooperate closely in a spirit of transparency and dialogue to coordinate their ATM/ANS activities.
      2.   Scope

      2.1.   In pursuit of the objectives specified in Article 1 of this Annex, the Parties agree to cooperate in the following areas:

                  —

                  conducting regular dialogue on ATM/ANS matters of mutual interest;

                  —

                  achieving transparency through the regular exchange of relevant ATM/ANS information;

                  —

                  participating in ATM/ANS activities;

                  —

                  monitoring and analysing States' compliance with ICAO Standards and adherence to Recommended Practices in the domain of ATM/ANS;

                  —

                  cooperating in regulatory and standard-setting matters;

                  —

                  cooperating in the field of the development and implementation of the ICAO Global Air Navigation Plan (GANP) and its aviation system block upgrade (ASBU) methodology;

                  —

                  developing and providing technical assistance projects and programmes;

                  —

                  promoting regional cooperation, in particular within the ICAO European (EUR) region, with specific consideration to the results achieved in the development and implementation of the Single European Sky (SES) and to the work of the European Aviation Safety Agency (EASA) on ATM/ANS matters; and,

                  —

                  exchanging technical experts in the relevant fields of ATM/ANS.

            3.   Implementation

      3.1.   The Parties may establish working arrangements specifying mutually agreed mechanisms and procedures to effectively implement cooperation in the areas referred to in Article 2.1 of this Annex. Those working arrangements shall be adopted by the Joint Committee established pursuant to Article 7 of the MOC.
      3.2.   The undertaking of cooperative activities under this Annex shall be fulfilled, on behalf of the Parties, by the ICAO Air Navigation Bureau (ANB) and the European Commission. The European Commission may involve, as appropriate, the EU Member States and European organisations, including EASA, the SESAR Joint Undertaking, the SESAR Deployment Manager and Eurocontrol.
      4.   Dialogue

      4.1.   The Parties shall convene meetings and/or teleconferences on a regular basis to discuss ATM/ANS matters of mutual interest and, where necessary and appropriate, to coordinate activities.
      5.   Transparency and exchange of information

      5.1.   The Parties shall encourage, subject to their applicable rules, transparency in the field of ATM/ANS in their relations with third parties.
      5.2.   The Parties shall be transparent in their cooperation and collaboration in ATM/ANS activities through the exchange, without prejudice to their applicable rules, of relevant and appropriate data, information and documentation, and by facilitating mutual participation in meetings.
      5.3.   To that end, each Party shall establish procedures for the exchange of information, which guarantee the confidentiality of information received from the other Party in accordance with Article 6 of the MOC.
      6.   Participation in ATM/ANS activities

      6.1.   For the purpose of implementing this Annex, each Party shall, as appropriate, invite the other Party to participate, in accordance with established rules of procedure, in ATM/ANS-related activities and meetings as observer with a view to ensuring close cooperation and coordination.
      7.   Sharing of ATM/ANS information and analyses

      7.1.   Without prejudice to their applicable rules, and in accordance with appropriate working arrangements to be developed, the Parties shall share relevant ATM/ANS information and data, as well as analyses made on the basis of that information and data.
      7.2.   The Parties shall cooperate closely in actions taken to secure more effective compliance with SARPs in the EU and in other States. Such cooperation shall include the exchange of information, facilitating dialogue between the Parties concerned, and the coordination of any technical assistance activities.
      7.3.   Based on its activities in the field of performance review and target setting, as well as in the monitoring of the implementation of the European ATM Master Plan, the EU shall assist ICAO in the development of a global performance-based approach and of a global monitoring approach for the implementation of the ICAO GANP and ASBU methodology therein. ICAO shall make appropriate and best use of existing EU material or material under development, arising from the development and implementation of the SES, when developing its global approaches.
      8.   Regulatory and standard-setting matters

      8.1.   Each Party shall ensure that the other Party is kept informed of all relevant laws, regulations, standards, requirements and recommended practices, which may affect the implementation of this Annex, as well as of any modification thereto.
      8.2.   The Parties shall notify each other in a timely manner of any proposed modifications to their relevant laws, regulations, standards, requirements and recommended practices, in so far as those modifications may have an impact on the application of this Annex. Such notification may also include, as needed, the sharing of appropriate planning instruments, such as relevant annual/multi-annual programmes. In the light of any such modifications, the Joint Committee may adopt amendments to this Annex, as necessary, in accordance with Article 7 of the MOC.
      8.3.   With a view to the global harmonisation of ATM/ANS regulations and standards, the Parties shall consult each other on technical regulatory matters in the field of ATM/ANS during the respective rule-making or SARPs-development processes, and shall be invited to participate in the associated technical bodies, as and when appropriate.
      8.4.   To that end, the EU and ICAO shall further streamline their cooperation in view of ensuring the timely review of EU rules following ICAO amendments to the Annexes of the Convention on International Civil Aviation (the Chicago Convention) and of giving timely input to ICAO when amendments to Annexes relevant for ATM/ANS are considered.
      8.5.   ICAO shall provide the EU with timely information on ICAO decisions and recommendations affecting –ATM/ANS-related SARPs by providing full access to ICAO State letters and Electronic Bulletins.
      8.6.   Where appropriate, the EU shall endeavour to ensure that relevant EU legislation is in conformity with ICAO ATM/ANS-related SARPs.
      8.7.   As the European ATM Master Plan is closely related to the ICAO GANP and the ASBU methodology contained therein, the EU, in cooperation with its Member States, will assist ICAO in developing SARPs and supporting materials for new ATM/ANS requirements, based on its needs and experience with the deployment of SESAR. Similarly, ICAO will assist the EU in the updating of its standards for global interoperability for new ATM/ANS requirements, based on its GANP, ASBU methodology and the related Roadmaps.
      8.8.   Notwithstanding the obligations of EU Member States as Contracting States to the Chicago Convention, the EU shall, where and when appropriate, engage in dialogue with ICAO to provide technical information in instances where issues related to compliance with ICAO Standards and adherence to ICAO Recommended Practices emerge pursuant to the application of EU legislation.
      8.9.   The undertaking of cooperative activities in regulatory and standard-setting matters shall neither contradict existing ICAO rule-making procedures, nor establish any new legal or reporting obligations on ICAO vis-à-vis the EU or its Member States.
      9.   Technical Assistance Projects and Programmes

      9.1.   The Parties shall coordinate assistance to States in an effort to ensure the effective use of resources and prevent a duplication of effort, and shall exchange information, including data, on ATM/ANS-related technical assistance projects and programmes.
      10.   Regional Cooperation

      10.1.   The Parties shall give priority to activities aimed at accelerating the establishment of the Single European Sky, including the relevant activities of EASA in ATM/ANS, where the regional approach offers opportunities for improved cost-efficiency, oversight and/or harmonisation processes.
      10.2.   Particular attention in regard to paragraph 10.1 will be given to the regional performance-based approach, European technical regulations in ATM/ANS, Functional Airspace Blocks, the Management of Network Functions (including the European Aviation Crisis Coordination Cell, EACCC) and the deployment and monitoring of new ATM/ANS concepts based on SESAR and the European ATM Master Plan.
      10.3.   To fulfil the Regional Cooperation expectations, a close working relationship shall be maintained between the EU and the ICAO Regional Office in Paris, including mutual participation in relevant meetings (e.g. Single Sky Committee).
      10.4.   The EU will organise coordination between European organisations, the EU Member States and the ICAO Regional Office in light of the scope of this Annex, in particular to contribute to the ICAO regional plans.
      11.   Expert Assistance

      11.1.   Without prejudice to expert assistance schemes developed outside of the scope of this Annex, the EU shall endeavour to make available to ICAO experts with technical expertise in relevant fields of ATM/ANS, upon request, to perform tasks and participate in activities falling within the scope of this Annex. The conditions of such expert assistance shall be specified in a working arrangement between the Parties.
      12.   Review

      12.1.   The Parties shall review the implementation of this Annex on a regular basis, taking into account, as necessary, relevant policy or regulatory developments.
      12.2.   Any review of this Annex shall be conducted by the Joint Committee established pursuant to Article 7 of the MOC (the ‘Joint Committee’).
      13.   Entry into Force, Amendments and Termination

      13.1.   This Annex shall enter into force on the date of adoption by the Joint Committee and shall remain in force until such time as it is terminated.
      13.2.   Working arrangements, as far as needed, agreed pursuant to this Annex shall enter into force on the date of adoption by the Joint Committee.
      13.3.   Any amendments to, or termination of, working arrangements adopted pursuant to this Annex shall be agreed within the Joint Committee.
      13.4.   This Annex may be terminated at any time by either Party. Such termination shall be effective six months following receipt of written notification of termination by one Party from the other Party, unless the said notice of termination has been withdrawn by mutual consent of the Parties before that six-month period has expired.
      13.5.   Notwithstanding any other provision of this Article, if the MOC is terminated, this Annex and any working arrangement adopted pursuant to it shall terminate simultaneously therewith.


Council Decision of 31 March 1982 on the signature and notification of provisional application of the Sixth International Tin Agreement


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31999D0279

1999/279/EC: Council Decision of 22 March 1999 concerning the conclusion, on behalf of the European Community, of the interregional framework cooperation agreement between the European Community and its Member States, of the one part, and the Southern Common Market and its Party States, of the other part

Official Journal L 112 , 29/04/1999 P. 0065 - 0084

COUNCIL DECISIONof 22 March 1999concerning the conclusion, on behalf of the European Community, of the interregional framework cooperation agreement between the European Community and its Member States, of the one part, and the Southern Common Market and its Party States, of the other part(1999/279/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 113 and 130y thereof, in conjunction with the first sentence of Article 228(2) and the first subparagraph of paragraph 3 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas Article 130u of the Treaty provides that Community policy in the sphere of development cooperation should foster the sustainable economic and social development of the developing countries, the smooth and gradual integration of those countries into the world economy and the campaign against poverty in those countries;Whereas it is appropriate to approve, on behalf of the European Community, the interregional framework cooperation agreement between the European Community and its Member States, of the one part, and the Southern Common Market and its Party States, of the other part, signed at Madrid in December 1995,HAS DECIDED AS FOLLOWS:Article 1The interregional framework cooperation agreement between the European Community and its Member States, of the one part, and the Southern Common Market and its Party States, of the other part, is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision(3).Article 2In accordance with Article 26 of the Agreement, the President of the Council shall chair the Cooperation Council and shall represent the Community on that Council. A representative of the Commission shall chair the Joint Cooperation Committee and the Joint Subcommittee on trade in accordance with their rules of procedure and shall represent the Community on those bodies.Article 3The President of the Council shall give the notification provided for in Article 34 of the Agreement on behalf of the Community.Article 4This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 22 March 1999.For the CouncilThe PresidentG. VERHEUGEN(1) OJ C 14, 19.1.1996, p. 3.(2) OJ C 166, 10.6.1996, p. 40.(3) OJ L 69, 19.3.1996, p. 4.


title: 2012/531/CFSP: Political and Security Committee Decision EU BAM Rafah/3/2012 of 25 September 2012 on the appointment of the Head of European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)

text:
               29.9.2012

               EN

               Official Journal of the European Union

               L 264/14

         POLITICAL AND SECURITY COMMITTEE DECISION EU BAM RAFAH/3/2012
   of 25 September 2012
   on the appointment of the Head of European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)
   (2012/531/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Joint Action 2005/889/CFSP of 25 November 2005 on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (1), and in particular Article 10(1) thereof,
   Whereas:

               (1)

               Pursuant to Article 10(1) of Joint Action 2005/889/CFSP, the Political and Security Committee is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of the political control and strategic direction of the EU BAM Rafah, including the decision to appoint a Head of Mission.

               (2)

               The High Representative of the Union for Foreign Affairs and Security Policy has proposed the appointment of Colonel Francesco BRUZZESE DEL POZZO as Head of EU BAM Rafah, for the period from 1 October 2012 to 30 June 2013,

         HAS ADOPTED THIS DECISION:
   Article 1
   Colonel Francesco BRUZZESE DEL POZZO is hereby appointed Head of European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) for the period from 1 October 2012 to 30 June 2013.
   Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 October 2012.

      Done at Brussels, 25 September 2012.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

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


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31998D0726

98/726/EC: Commission Decision of 24 November 1998 on a derogation from Decision 71/128/EEC on the Advisory Committee on Fisheries (notified under document number C(1998) 3591)

Official Journal L 345 , 19/12/1998 P. 0054 - 0054

COMMISSION DECISION of 24 November 1998 on a derogation from Decision 71/128/EEC on the Advisory Committee on Fisheries (notified under document number C(1998) 3591) (98/726/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas an Advisory Committee on Fisheries was set up by Commission Decision 71/128/EEC (1), as last amended by Decision 97/246/EC (2);Whereas by Decision 97/246/EC a limit of 18 months was set on the terms of office of the members of the Committee so that the Committee's role and the way it functions could be adjusted to take account of changes which have occurred since it was set up, by improving the consultation process and the conditions under which the Committee operates;Whereas the Commission has not completed work on drawing up suitable provisions on the structure of the Committee and its working procedures in time for a new Decision to be adopted before the expiry of the present Committee's terms of office;Whereas the Committee should continue to function until a new Decision can be adopted,HAS DECIDED AS FOLLOWS:Article 1 By way of derogation from Articles 4 and 5 of Decision 71/128/EEC, the members of the Advisory Committee on Fisheries as well as the Chairman and the two Vice-Chairmen, shall remain in office until the date of the appointment of the new Committee or until 31 July 1999 at the latest.Article 2 This Decision shall apply with effect from 15 November 1998.Done at Brussels, 24 November 1998.For the CommissionEmma BONINOMember of the Commission(1) OJ L 68, 22. 3. 1971, p. 18.(2) OJ L 97, 12. 4. 1997, p. 27.


title: European Parliament decision on the request for defence of the immunity and privileges of Giovanni Claudio Fava (2005/2174(IMM))

text:
22.11.2006         EN                              Official Journal of the European Union                                           C 285 E/75
                                                                                Thursday 1 December 2005
             P6_TA(2005)0450
             Immunity of Giovanni Claudio Fava
             European Parliament decision on the request for defence of the immunity and privileges of Giov-
                                                   anni Claudio Fava (2005/2174(IMM))
             The European Parliament,
             — having regard to the request by Giovanni Claudio Fava for defence of his immunity of 1 July 2005,
                  announced in plenary sitting on 6 July 2005,
             — having heard Giovanni Claudio Fava in accordance with Rule 7(3) of its Rules of Procedure,
             — having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of
                  the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election
                  of the members of the European Parliament by direct universal suffrage,
             — having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the
                  European Communities,
             — having regard to Rules 6(3) and 7 of its Rules of Procedure,
             — having regard to the report of the Committee on Legal Affairs (A6-0331/2005),
             1.    Decides to defend the immunity and privileges of Giovanni Claudio Fava;
             2.     Instructs its President to forward this decision and the report of the committee responsible to the
             appropriate authorities of the Italian Republic.
             (1) Case 101/63 Wagner v. Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v. Faure and others [1986]
                 ECR 2391.
             P6_TA(2005)0451
             Draft amending budget No 6/2005 (amendment)
             Draft amending budget No 6/2005 of the European Union for the financial year 2005, Section IV —
             Court of Justice — Establishment of the Civil Service Tribunal, as modified by the Council
                                                   (C6-0404/2005 — 2005/2159(BUD))
             Amendment 1
             SECTION IV — Court of Justice
             Establishment plan: Creation of 2 permanent B*3, 2 permanent C*1 posts and 4 temporary B*3 posts.
             Staff in active employment
        Line                    2005 Budget                    DAB 6/2005                    Amendment            2005 Budget + DAB 6 (amended)
                                Commitments                    Commitments                   Commitments                  Commitments
 1100                                                                        Basic salaries
                                       111 633 022                    111 964 022                        + 73 000                 112 037 022
 1101                                                                      Family allowances
                                         8 940 000                      8 967 000                         + 6 000                   8 973 000


title: Council Decision (EU) 2015/1203 of 20 July 2015 appointing three Swedish members and six Swedish alternate members of the Committee of the Regions

text:
               23.7.2015

               EN

               Official Journal of the European Union

               L 195/44

         COUNCIL DECISION (EU) 2015/1203
   of 20 July 2015
   appointing three Swedish members and six Swedish alternate members of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Swedish Government,
   Whereas:

               (1)

               On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               Three members' seats have become vacant following the end of the terms of office of Ms Lotta HÅKANSSON HARJU, Mr Tore HULT and Ms Monalisa NORRMAN,

               (3)

               Six alternate members' seats have become vacant following the end of the terms of office of Ms Carola GUNNARSSON, Ms Ewa LINDSTRAND, Ms Agneta LIPKIN, Mr Kenth LÖVGREN, Mr Roger MOGERT and Mr Anders ROSÉN,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed as members to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mr Joakim LARSSON, Västra Götalands läns landsting,

               —

               Ms Anna LJUNGDELL, Nynäshamns kommun,

               —

               Mr Tomas RISTE, Värmlands läns landsting.

         Article 2
   The following are hereby appointed as alternate members to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mr Krister ANDERSSON, Västra Götalands läns landsting,

               —

               Mr Xamuel GONZALEZ WESTLING, Hofors kommun,

               —

               Mr Jonny LUNDIN, Härnösands kommun,

               —

               Mr Glenn NORDLUND, Örnsköldsviks kommun,

               —

               Mr Erik PELLING, Uppsala kommun,

               —

               Ms Ingeborg WIKSTEN, Västernorrlands läns landsting.

         Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 20 July 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 20, 27.1.2015, p. 42.

      (2)  OJ L 31, 7.2.2015, p. 25.

      (3)  OJ L 159, 25.6.2015, p. 70.


Avis juridique important

|

31980D0457

80/457/EEC: Council Decision of 22 April 1980 giving a discharge to the Commission in respect of the implementation of the operations of the Development Fund for the overseas countries and territories (First Fund) for the financial year 1978

Official Journal L 111 , 30/04/1980 P. 0013

****( 1 ) OJ NO 33 , 31 . 12 . 1958 , P . 681/58 .  ( 2 ) OJ NO 33 , 31 . 12 . 1958 , P . 686/58 .        COUNCIL DECISION   OF 22 APRIL 1980   GIVING A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( FIRST FUND ) FOR THE FINANCIAL YEAR 1978  ( 80/457/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE IMPLEMENTING CONVENTION OF THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE COMMUNITY , ANNEXED TO THE TREATY ,   HAVING REGARD TO REGULATION NO 5 LAYING DOWN DETAILED PROVISIONS RELATING TO THE COLLECTION AND TRANSFER OF FINANCIAL CONTRIBUTIONS , THE BUDGETING AND ADMINISTRATION OF THE RESOURCES OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( 1 ), AND IN PARTICULAR ARTICLE 16 THEREOF ,   HAVING REGARD TO PROVISIONAL REGULATION NO 6 RELATING TO THE RESPONSIBILITY OF AUTHORIZING AND ACCOUNTING OFFICERS FOR THE RESOURCES OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( 2 ),   HAVING REGARD TO THE COUNCIL DECISION OF 30 MAY 1972 ON THE TRANSFER AND UTILIZATION OF THE UNEXPENDED BALANCES OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES SET UP BY THE IMPLEMENTING CONVENTION ANNEXED TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE REVENUE AND EXPENDITURE ACCOUNT AND THE BALANCE SHEETS RELATING TO THE OPERATIONS OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES  ( FIRST FUND ) AS AT 31 DECEMBER 1978 ,   HAVING REGARD TO THE REPORT OF THE COURT OF AUDITORS FOR THE FINANCIAL YEAR 1978 , TOGETHER WITH THE COMMISSION ' S REPLIES ,   RECALLING THAT , IN ACCORDANCE WITH THE PROVISIONS APPLICABLE TO THE IMPLEMENTATION OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( FIRST FUND ), ONLY THE COUNCIL , ACTING BY A QUALIFIED MAJORITY , SHALL GIVE A DISCHARGE TO THE COMMISSION IN RESPECT OF THE FINANCIAL ADMINISTRATION OF THE FUND ;   WHEREAS AN ADVANCE OF 12 985 945.60 EUROPEAN UNITS OF ACCOUNT WAS PAID TO THE EUROPEAN DEVELOPMENT FUND ( 1975 )  ( FOURTH EDF );   WHEREAS THE OVERALL IMPLEMENTATION BY THE COMMISSION OF THE OPERATIONS OF THE FIRST DEVELOPMENT FUND DURING THE FINANCIAL YEAR 1978 WAS SUCH AS TO WARRANT ITS BEING GIVEN A DISCHARGE IN RESPECT OF THE IMPLEMENTATION OF THESE OPERATIONS ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE COUNCIL SHALL CLOSE THE REVENUE AND EXPENDITURE ACCOUNT OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( FIRST FUND ) AS AT 31 DECEMBER 1978 AS FOLLOWS :   -  REVENUE : AT THE SUM OF 581 250 000.00 EUROPEAN UNITS OF ACCOUNT ,   -  EXPENDITURE ( PAYMENTS ): AT THE SUM OF 568 264 054.40 EUROPEAN UNITS OF ACCOUNT .   ARTICLE 2   THE COUNCIL HEREBY GIVES A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES  ( FIRST FUND ) FOR THE FINANCIAL YEAR 1978 .   DONE AT LUXEMBOURG , 22 APRIL 1980 .   FOR THE COUNCIL   THE PRESIDENT   G . ZAMBERLETTI


title: 2014/333/EU: Commission Decision of 5 June 2014 on the protection of personal data in the European e-Justice Portal

text:
               6.6.2014

               EN

               Official Journal of the European Union

               L 167/57

         COMMISSION DECISION
   of 5 June 2014
   on the protection of personal data in the European e-Justice Portal

      (2014/333/EU)

   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   After consulting the European Data Protection Supervisor,
   Whereas:

               (1)

               In its communication of May 2008 (1), the Commission stated that it would design and set up the European e-Justice Portal (hereinafter ‘the Portal’), to be managed in close cooperation with the Member States.

               (2)

               The Multi-annual European e-Justice Action Plan 2009–2013 (2) of 8 November 2008 entrusted the European Commission with the implementation of the Portal. The Portal was launched on 16 July 2010. The adoption of this Decision has become necessary only now since the Portal is only now ready for the first interconnection of national registers involving the processing of personal data.

               (3)

               The Portal's objective is to contribute to the achievement of the European judicial area by facilitating and enhancing access to justice and leveraging information and communication technologies to facilitate cross-border electronic judicial proceedings and judicial cooperation.

               (4)

               The institutions, bodies, offices and agencies of the European Union as well as the Member States when they are implementing Union law must respect fundamental rights and observe the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data stipulated in Article 8 of that Charter.

               (5)

               Since the various Portal-related tasks and functions of the Commission and the Member States will entail different responsibilities and obligations as regards data protection, it is essential to delimit them clearly.

               (6)

               In accordance with the specific nature of activities linked to the e-Justice Portal, developed in cooperation between the Commission and the Member States, the role of the Commission in processing personal data through the Portal is limited. It should be clarified that the Commission has no responsibility for the content of interconnected national databases made available through the Portal.

               (7)

               Regulation (EC) No 45/2001 of the European Parliament and of the Council (3) applies to the processing of personal data by the Commission in the Portal. In this context, the Commission is in particular responsible for providing the IT infrastructure for the Portal functionalities, including the interconnection of national databases.

               (8)

               In accordance with Regulation (EC) No 45/2001 the purposes of processing of personal data should be explicitly specified. Therefore, the processing of personal data by the Commission in the portal should only take place if it is done to provide access to interconnected national databases holding personal data, to provide interactive services allowing users to communicate directly with the appropriate authorities in another Member State, to provide access to public information targeted towards registered users, or to provide contact information.

               (9)

               The Commission should embed in the system technologies that reflect the concept of ‘data protection by design’. In implementing that concept, a privacy and data protection impact assessment should be carried out during the design phase of the functionality associated with the processing of personal data through the Portal, as well as of other Portal functionalities. That assessment will identify the potential data protection risks involved. It will also define the appropriate measures and safeguards to be incorporated in the system to protect personal data.

               (10)

               The Commission should perform continuous and appropriate security assessments insofar as work related to the interconnection of national databases is carried out.

               (11)

               Only publicly available information in the interconnected national databases can be accessed through the Portal. It should not be possible to combine information from different interconnected national databases for different purposes through the Portal,

         HAS ADOPTED THIS DECISION:
   Article 1
   Subject matter
   This Decision lays down the functions and responsibilities of the European Commission in relation to data protection requirements whilst processing personal data in the European e-Justice Portal (hereinafter ‘the Portal’).
   Article 2
   Definitions
   For the purpose of this Decision, the definitions laid down in Regulation (EC) No 45/2001 shall apply. In addition, the following definitions shall also apply:

               (a)

               ‘European e-Justice actor’ means any representative of a Member State or a European e-Justice partner organisation who has been granted authorisation to modify (parts of) the content of the Portal;

               (b)

               ‘Interconnected national databases’ means databases containing publicly accessible information, operated by the Member States and other bodies such as professional associations and non-profit organisations, which are interconnected through the Portal in such a way that the information available at national level can be accessed via the Portal;

               (c)

               ‘Publicly accessible information’ means information which is accessible to the public via the internet;

               (d)

               ‘Registered user’ means a Portal user who has registered to the Portal via the European Commission Authentication Service (ECAS), such as a ‘European e-Justice actor’.

         Article 3
   Data processing
   The Commission shall process personal data in the Portal only in so far as this is necessary for the purpose of:

               (a)

               providing access to interconnected national databases holding personal data;

               (b)

               providing interactive services allowing registered users to communicate directly with the appropriate authorities in another Member State;

               (c)

               providing access to public information targeted towards registered users;

               (d)

               providing contact information.

         Article 4
   Responsibilities of Data controller
   1.   The Commission shall exercise the responsibilities of data controller pursuant to Article 2(d) of Regulation (EC) No 45/2001 in accordance with its respective responsibilities within the Portal as referred to in this Article.
   2.   The Commission shall ensure the availability, maintenance and security of the IT infrastructure of the Portal.
   3.   The Commission shall be responsible for the following processing operations:

               (a)

               organisation;

               (b)

               disclosure by transmission;

               (c)

               dissemination or otherwise making available;

               (d)

               alignment or combination of personal data derived from the interconnected national databases or of personal data on registered users.

         4.   The Commission shall define the necessary policies and apply the appropriate technical solutions to fulfil its responsibilities within the scope of the function of data controller.
   5.   The Commission shall implement the technical measures required to ensure the security of personal data while in transit and during their display on the Portal, in particular the confidentiality and integrity for any transmission to and from the Portal.
   6.   The Commission shall not be responsible for any data protection aspects concerning

               (a)

               the initial collection and storage of any data derived from the interconnected national databases;

               (b)

               any decision taken by the Member States to make such data available via the Portal;

               (c)

               the content of any data derived from the interconnected national databases made available through the Portal.

         7.   The obligations of the Commission shall not affect the responsibilities of the Member States and other bodies for the content and operation of the interconnected national databases run by them.
   Article 5
   Information obligations
   1.   The Commission shall provide the data subjects with the information specified in Articles 11 and 12 of Regulation (EC) No 45/2001, as regards information for which the Commission is responsible under this Decision.
   2.   Notwithstanding the obligations towards data subjects of the Member States and other bodies operating the interconnected national databases, the Commission shall also provide data subjects with information on whom to contact for the effective exercise of their rights to information, to access, to rectify and to object according to the applicable data protection legislation. The Commission shall refer to specific privacy statements of the Member States and other bodies.
   3.   The Commission shall also make available on the Portal:

               (a)

               translations into the languages of the Portal of Member States' privacy notices referred to in paragraph 2;

               (b)

               a comprehensive privacy notice concerning the Portal in accordance with Articles 11 and 12 of Regulation (EC) No 45/2001, in a clear and understandable form.

         Article 6
   Storage of personal data
   1.   As regards information exchanges from interconnected national databases, no personal data relating to the data subjects shall be stored in the Portal. All such data shall be stored in the national databases operated by the Member States or other bodies.
   2.   Personal data relating to or provided by Portal users shall not be stored in the Portal, other than in cases where they have signed up as registered users. Personal data of registered users shall be stored until they request the deletion of their registration. In accordance with Article 3, personal data on European e-Justice actors or contact points will only be stored for as long as these persons fulfil their function.
   Article 7
   Date of effect
   This Decision shall enter into force on the 20th day after its publication in the Official Journal of the European Union.

      Done at Brussels, 5 June 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  COM(2008)329 final, 30.5.2008.

      (2)  OJ C 75, 31.3.2009, p. 1.

      (3)  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 (OJ L 8, 12.1.2001, p. 1).


title: 2006/546/EC,Euratom: Decision of the Representatives of the Governments of the Member States of  6 July 2006  appointing a Judge to the Court of Justice of the European Communities

text:
               5.8.2006

               EN

               Official Journal of the European Union

               L 215/30

      DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

   of 6 July 2006
   appointing a Judge to the Court of Justice of the European Communities
   (2006/546/EC, Euratom)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 223 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 139 thereof,
   Whereas:
   In accordance with the provisions of the Treaties, every three years there is a partial replacement of members of the Court of Justice of the European Communities for a term of office of six years. For the period from 7 October 2006 to 6 October 2012, the Governments of the Member States should appoint a further Judge in addition to the twelve Judges and four Advocates-General appointed on 6 April 2006,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Thomas VON DANWITZ is hereby appointed Judge to the Court of Justice of the European Communities for the period from 7 October 2006 to 6 October 2012.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 6 July 2006.

            The President

         E. KOSONEN


Important legal notice

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2006/569/EC: Commission Decision of 11 April 2006 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to Appendix VI of the Agreement on Trade in Wines annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part - Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to Appendix VI of the Agreement on Trade in Wines annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part

Official Journal L 231 , 24/08/2006 P. 0139 - 0143

		Commission Decisionof 11 April 2006on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to Appendix VI of the Agreement on Trade in Wines annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part(2006/569/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIESHaving regard to the Treaty establishing the European Community,Having regard to Council Decision 2005/269/EC of 28 February 2005 on the conclusion of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part [1], and in particular Article 3(1) thereof,Whereas:(1) Taking account of the conclusions of the second Joint Committee meeting of the Agreement on Trade in Wines and of the first Joint Committee meeting of the Agreement on Trade in Spirit Drinks and Aromatised Drinks of the EU-Chile Association Agreement of 13- 14 June 2005 both held in Madrid, it is necessary to amend Appendix VI of the Agreement on Trade in Wines annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, in order to permit the use of certain Chilean trademarks that coincide with the Community geographical indications to be used on the Chilean internal market in limited quantities up to 31 January 2014, with effect from 24 April 2006.(2) The Community and the Republic of Chile have therefore negotiated, in accordance with Article 29(2) of the Agreement on Trade in Wines, an agreement in the form of an exchange of letters to amend its Appendix VI.(3) The Exchange of Letters should therefore be approved.(4) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Wine,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile amending Appendix VI of the Agreement on Trade in Wines annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The Commissioner of Agriculture and Rural Development is hereby empowered to sign the Exchange of Letters in order to bind the Community.Done at Brussels, 11 April 2006.For the CommissionMariann Fischer BoelMember of the Commission[1] OJ L 84, 2.4.2005, p. 19.--------------------------------------------------Agreement in the form of an Exchange of Lettersbetween the European Community and the Republic of Chile concerning amendments to Appendix VI of the Agreement on Trade in Wines annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other partLETTER No 1Letter from the European CommunityBrussels, 24 April 2006Sir,I have the honour to refer to meetings related to technical adaptations which have been held in accordance with Article 29(2) of the Agreement on Trade in Wines annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, of 18 November 2002, which provides that the Contracting Parties may, by mutual consent, amend Appendices to this Agreement to take account of any amendments to the laws and regulations of the Parties.In these meetings it has been concluded that some Chilean trademarks that coincides with the Community geographical indications must be incorporated into Appendix VI (List of trade marks referred to in Article 7).I have therefore the honour to propose that Appendix VI to the Agreement on Trade in Wines be replaced by the Appendix attached hereto, with effect as of today's date.I should be obliged if you would confirm that your Government is in agreement with the content of this letter.Please accept, Sir, the assurance of my highest consideration.On behalf of the European CommunityMariann Fischer BoelLETTER No 2Letter from ChileBrussels, 24 April 2006Madam,I have the honour to acknowledge receipt of your letter of today's date which reads as follows:"I have the honour to refer to meetings related to technical adaptations which have been held in accordance with Article 29(2) of the Agreement on Trade in Wines annexed to the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, of 18 November 2002, which provides that the Contracting Parties may, by mutual consent, amend Appendices to this Agreement to take account of any amendments to the laws and regulations of the Parties.In these meetings it has been concluded that some Chilean trademarks that coincides with the Community geographical indications must be incorporated into Appendix VI (List of trade marks referred to in Article 7).I have therefore the honour to propose that Appendix VI to the Agreement on Trade in Wines be replaced by the Appendix attached hereto, with effect as of today's date.I should be obliged if you would confirm that your Government is in agreement with the content of this letter"I have the honour to inform you that the Republic of Chile is in agreement with the content of this letter.Please accept, Madam, the assurance of my highest consideration.On behalf of the Republic of ChileOscar Alcamán Riffo--------------------------------------------------""APPENDIX VITRADE MARKS REFERRED TO IN ARTICLE 7A. List of trade marks referred to in Article 7(2)AlgarvesAlsaciaAstiBadenBorgoñoBurdeosCarmen MargauxCarmen RhinCava del ReynoCava VergaraCavanegraChampagne GrandierChampaña RabatChampagne RabatChampaña GrandierChampaña ValdiviesoChampenoise GrandierChampenoise RabatErrazuriz Panquehue CortonNueva ExtremaduraJerez R. RabatLa RiojaMoselleOro del RhinPortofinoPorto FrancoProvenceR Oporto RabatRibeiroSavoia MarchettiToroUvita de Plata BorgoñaViña Carmen MargauxViña Manquehue JerezViña Manquehue OportoViña San Pedro Gran Vino BurdeosB. List of trade marks referred to in Article 7(2a) [1]Champagne MonterreyChampagne Conde del MauleChampagne L'HeritageChampagne SubercaseauxChampagne Santa EmilianaChampagne CimaChampagne Santa CarolinaChampagne PlanellaChampagne Ambassador, Rosé AmbassadorChampagne Merlot ValdiviesoChampagne UndurragaChampagne SupremeChampagne Santa AdelaChampagne TocornalChampagne TarapacáChampagne, Champenoise Viña MarJerez CasinoJerez Montalbán La FortunaJerez ZalameroChablis Santa BlancaChablis MacayaPommard MacayaPommard CanepaPommard Viña el ArrayanOporto CasinoOporto TraversoOporto Diamante CentenarioEsencia""[1] The wines, spirit drinks and aromatised drinks referred to in Lists B of the Agreement on Trade in Wines and of the Agreement on Trade in Spirit Drinks and Aromatised Drinks annexed to the Association Agreement between the European Communities and its Member States, of the one part, and the Republic of Chile, of the other part, shall not exceed the total quantity of 22000 hl per year.--------------------------------------------------