title: 2012/394/EU: Commission Decision of 21 December 2011 on the capability with EU law of measures to be taken by Italy pursuant to Article 14 Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)

text:
               17.7.2012

               EN

               Official Journal of the European Union

               L 187/57

         COMMISSION DECISION
   of 21 December 2011
   on the capability with EU law of measures to be taken by Italy pursuant to Article 14 Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)
   (2012/394/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (1), and in particular Article 14(2) thereof,
   Whereas:

               (1)

               By letter of 20 September 2011, received by the Commission on 21 September 2011, Italy notified to the Commission measures to be taken pursuant to Article 14(1) of Directive 2010/13/EU, aimed at integrating, updating and amending the measures currently in force, approved by the Commission by its Decision of 25 June 2007 (2).

               (2)

               The Commission verified, within a period of three months from this notification, that such measures are compatible with Community law, in particular with regard to the proportionality of the measures and the transparency of the national consultation procedure.

               (3)

               In its examination, the Commission took into consideration the available data on the Italian media landscape.

               (4)

               The amended list of events of major importance for society included in the Italian measures was drawn up in a clear and transparent manner, and a far-reaching consultation had been launched in Italy on the amendment of the previous list.

               (5)

               The Commission was satisfied that the new events listed in the Italian measures met at least two of the following criteria considered to be reliable indicators of the importance of events for society: (i) a special general resonance within the Member State, and not simply a significance to those who ordinarily follow the sport or activity concerned; (ii) a generally recognised, distinct cultural importance for the population in the Member State, in particular as a catalyst of cultural identity; (iii) involvement of the national team in the event concerned in the context of a competition or tournament of international importance; and (iv) the fact that the event has traditionally been broadcast on free television and has commanded large television audiences.

               (6)

               MotoGP Grand Prix is an event that enjoys particular popularity which is widespread throughout Italy and also interests audiences who would not normally follow it, precisely because of the involvement of Italian riders and manufacturers in an international tournament of major importance. It has also been traditionally broadcast on free-to-air television and commanded high viewing figures.

               (7)

               The finals and semi-finals of the world championships for basketball, water polo and volleyball featuring the Italian national team, apart from fulfilling the criterion of a national team involved in an international tournament of major importance, generate a particular and widespread interest in Italy, even for audiences that do not usually follow these disciplines, and they have traditionally been broadcast on free-to-air television with a wide television audience.

               (8)

               The Rugby World Cup matches which feature the Italian national team, apart from fulfilling the criterion of a national team involved in an international tournament of major importance, have a special and widespread resonance in Italy and also interest an audience that does not normally follow this sport.

               (9)

               Six Nations rugby matches played by the Italian national team, apart from fulfilling the criterion of a national team involved in an international tournament of major importance, have a special and widespread resonance in Italy and also interest an audience that does not normally follow this sport, and they have traditionally been broadcast on free-to-air television with increasingly significant audience figures.

               (10)

               The semi-finals and final of the Davis Cup and of the Fed Cup which feature the Italian national team, apart from fulfilling the criterion of a national team involved in an international tournament of major importance, have a particular and widespread resonance in Italy and interest audiences that would not normally follow this sport.

               (11)

               The final and semi-finals of the Internazionali d’Italia tennis tournament which feature Italian tennis players, apart from involving Italians in an international tournament of major importance, have a particular and widespread resonance in Italy and interest audiences that would not normally follow this sport, partly because of where it takes place. The special resonance of this event is confirmed by the viewing figures, which show an apparent increase in the public’s interest and passion for the sporting discipline in recent years.

               (12)

               The Road Cycling World Championships (men’s professional race) have a particular and widespread resonance in Italy and interest people other than those who normally follow this type of event, also because of the involvement of Italian athletes, and they have traditionally been broadcast on free-to-air television with high viewing figures.

               (13)

               The first performance of the opera season at the La Scala Theatre in Milan enjoys a special and widespread resonance in Italy and interests people other than those who would normally follow this type of event, and it has a generally recognised particular cultural importance in Italy, and acts as a catalyst of Italian cultural identity.

               (14)

               The New Year’s Concert broadcast from the La Fenice Theatre in Venice has a particular and widespread resonance in Italy and interests people other than those who would normally follow this type of event, it has a generally recognised particular cultural importance in Italy, acts as a catalyst of Italian cultural identity, and it has traditionally been broadcast on free-to-air television with high viewing figures.

               (15)

               The Italian measures appear proportionate to justify, by the overriding reason of public interest in ensuring wide public access to broadcasts of events of major importance for society, the derogation from the fundamental freedom to provide services laid down in Article 56 TFEU.

               (16)

               The Italian measures are also compatible with EU competition rules in so far as the definition of the qualifying broadcasters for the broadcasting of listed events relies on objective criteria (required coverage), which allow actual and potential competition for the acquisition of the rights to broadcast these events. In addition, the number of listed events is not so disproportionate as to distort competition on the downstream free television and pay television markets.

               (17)

               The general proportionality of the Italian measures is supported by several factors. First, the lowering of the threshold of the required coverage of the population for qualifying broadcasters from 90 % to 80 % increases the proportionality of the measures, in so far as it increases the number of broadcasters who potentially qualify. Secondly, a voluntary mechanism has been introduced for the resolution of disputes between broadcasters as regards the definition of the technical broadcasting modalities and the payment of fair compensation for the sub-licensing of exclusive broadcasting rights. Thirdly, the entry into force of the final Italian measures will be postponed to 1 September 2012, in order to ensure that any ongoing negotiations are not adversely affected. Finally, the Italian measures make provision for situations in which the rights to the events listed are purchased by non-qualifying broadcasters, in order to ensure appropriate arrangements for sub-licensing of rights to qualifying broadcasters, and for situations in which there might be no qualifying buyers for the events listed, in order to ensure that the non-qualifying broadcaster is able to exercise its rights so as to avoid a situation in which the event listed would not be broadcast at all.

               (18)

               The Commission communicated the measures to be taken notified by Italy to the other Member States and presented the results of this verification at the meeting of the Committee established pursuant to Article 29 of Directive 2010/13/EU. The Committee adopted a favourable opinion at this meeting,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   1.   The measures to be taken by Italy, pursuant to Article 14(1) of Directive 2010/13/EU, and notified to the Commission pursuant to Article 14(2) of Directive 2010/13/EU on 21 September 2011, are compatible with Union law.
   2.   The measures, as finally taken by Italy, will be published in the Official Journal of the European Union as soon as they are adopted at national level and notified to the Commission. This shall constitute the publication provided for in Article 14(2) of Directive 2010/13/EU.

      Done at Brussels, 21 December 2011.

            For the Commission

         Neelie KROES

            Vice-President

      (1)  OJ L 95, 15.4.2010, p. 1

      (2)  Commission Decision 2007/475/EC of 25 June 2007 on the compatibility with Community law of measures taken by Italy pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L 180, 10.7.2007, p. 5).

      ANNEX

         Publication pursuant to Article 14 of Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)
         The measures taken by Italy, to be published in accordance with Article 14 of Directive 2010/13/EU, are set out in the following extracts of Decision No 131/12/CONS of the Communications Authority of 15 March 2012:

            ‧HAS DECIDED AS FOLLOWS:
            Sole Article
            1.   The Authority hereby adopts the list of events of particular importance for society that must be broadcast on free-to-air channels in accordance with Article 32b of the consolidated text on radio and audiovisual media services, set out in Annexes A and B, which constitute integral parts of the present Decision.
            2.   This Decision shall enter into force on 1 September 2012 and shall be published in the Official Gazette of the Italian Republic and the Authority’s website and, for Annex A only, in the Official Journal of the European Union.

               Rome, 15 March 2011 (1)

                     President

                  Corrado CALABRÒ

                     Commissioner rapporteur

                  Nicola D’ANGELO

                     Commissioner rapporteur

                  Antonio MARTUSCIELLO

                     Certifying conformity with the decision

                     The Secretary-General

                  Roberto VIOLA‧

         COMMUNICATIONS AUTHORITY
         [Autorità per le Garanzie nelle Comunicazioni]

               ‘ANNEX A TO DECISION No 131/12/CONS OF 15 MARCH 2012

                  LIST OF EVENTS OF PARTICULAR IMPORTANCE FOR SOCIETY THAT MUST BE BROADCAST ON FREE-TO-AIR CHANNELS

                  (text with Community relevance)

               Article 1
               Events of major importance for society
               1.   This Decision concerns the television broadcasting of events considered of major importance for society.
               2.   For the purposes of this list:

                           A.

                           An “event of major importance for society” means an event of a sporting or non-sporting nature which satisfies at least two of the following four criteria:

                                       (a)

                                       the event and its outcome are of special and widespread interest in Italy, including to persons other than those who usually watch this type of event;

                                       (b)

                                       the event enjoys widespread recognition by the general public, has particular cultural significance and strengthens Italian cultural identity;

                                       (c)

                                       the event involves the national team in a specific sporting discipline in a major international tournament;

                                       (d)

                                       the event has traditionally been broadcast on free television and has enjoyed high viewing figures in Italy.

                           B.

                           A “qualifying broadcaster” means a television broadcaster subject to Italian jurisdiction capable of guaranteeing that at least 80 % of the Italian population may follow these events on a free-to-air channel without additional costs.

                     Article 2
               List of events and conditions for the exercise of broadcasting rights
               1.   The Authority has established the following lists of events considered of major importance for society that broadcasters subject to Italian jurisdiction may not transmit on an exclusive basis and in encrypted form only, in order to ensure that at least 80 % of the Italian population may follow them on a free-to-air channel without additional costs:

                           (a)

                           the summer and winter Olympic Games;

                           (b)

                           the football World Cup final and all matches involving the Italian national team;

                           (c)

                           the European Football Championship final and all matches involving the Italian national team;

                           (d)

                           all matches involving the Italian national football team, at home and away, in official competitions;

                           (e)

                           the final and semi-finals of the Champions League and the Europa League when an Italian team is involved;

                           (f)

                           the Giro d’Italia (Tour of Italy) cycling race;

                           (g)

                           the Italian Formula One Grand Prix;

                           (h)

                           the Italian MotoGP Grand Prix;

                           (i)

                           the finals and semi-finals of the world championships of basketball, water polo, volleyball and rugby when the Italian national team is involved;

                           (j)

                           Six Nations rugby matches involving the Italian national team;

                           (k)

                           the final and semi-finals of the Davis Cup and the Fed Cup when the Italian national team is involved and of the Italian Open tennis tournament when Italian players are involved;

                           (l)

                           the bicycle road racing world championship;

                           (m)

                           the Sanremo Italian music festival;

                           (n)

                           the opening night of the opera season at La Scala in Milan;

                           (o)

                           the New Year concert at La Fenice in Venice.

                     2.   The events referred to in points (b) and (c) in paragraph 1 must be broadcast live in full. For the other events, television broadcasters may decide on the manner of free-to-air broadcasting, with the option of broadcasting live in full or in part or deferred in full or in part.
               3.   Where the broadcasting rights for one or more of the events referred to in paragraph 1 are acquired by a non-qualified broadcaster, the latter shall, a reasonable period in advance, publish on its website its proposal to cede, on fair, reasonable and non-discriminatory market conditions, rights allowing the event to be broadcast under the conditions referred to in paragraph 1, simultaneously notifying it to the Authority.
               4.   If no qualified broadcaster submits a bid, or if bids submitted are not based on fair, reasonable and non-discriminatory market conditions, the broadcaster holding the rights may exercise them, derogating from the conditions under paragraph 1.
               5.   The Authority reserves the right to amend, after an appropriate period, its Decision, the list in paragraph 1 and the conditions in paragraph 2.
               Article 3
               Procedure for disputes
               1.   In the event of disputes between broadcasters concerning the broadcasting of an event included in the list in Article 2(1) as regards the technical arrangements for broadcasting and the payment of a fair fee for the sub-licensing of exclusive broadcasting rights, the procedural rules laid down in the Regulation annexed to Decision No 352/08/CONS shall apply, with the powers attributed by that Regulation to the Committee for Infrastructure and Networks being understood as being attributed to the Council, the “Directorate” being understood as the Media Services Directorate and the “Director” being understood as the Director of the Media Services Directorate.’

         (1)  This is a typographical error: the date should read 15 March 2012 as in the version published in the Italian Official Gazette — General Series — No 92 of 19 April 2012.


title: Council Decision 2008/868/CFSP of 13 October 2008 concerning the conclusion of the Agreement between the European Union and the Russian Federation on the participation of the Russian Federation in the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA)

text:
               18.11.2008

               EN

               Official Journal of the European Union

               L 307/15

         COUNCIL DECISION 2008/868/CFSP
   of 13 October 2008
   concerning the conclusion of the Agreement between the European Union and the Russian Federation on the participation of the Russian Federation in the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 15 October 2007, the Council adopted Joint Action 2007/677/CFSP on the European Union military operation in the Republic of Chad and in the Central African Republic (1) (Operation EUFOR Tchad/RCA).

               (2)

               Article 10(3) of that Joint Action provides that detailed arrangements regarding the participation of third States are to be the subject of an agreement, in accordance with Article 24 of the Treaty.

               (3)

               Following authorisation by the Council on 13 September 2004, the Presidency, assisted by the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy, negotiated an Agreement between the European Union and the Russian Federation on the participation of the Russian Federation in Operation EUFOR Tchad/RCA (hereinafter referred to as the Agreement).

               (4)

               The Agreement should be approved on behalf of the European Union,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Russian Federation on the participation of the Russian Federation in the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA) is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 13 October 2008.

            For the Council

            The President

         B. KOUCHNER

      (1)  OJ L 279, 23.10.2007, p. 21.
    ---documentbreak---

               18.11.2008

               EN

               Official Journal of the European Union

               L 307/16

         AGREEMENT
   between the European Union and the Russian Federation on the participation of the Russian Federation in the European Union military operation in the Republic of Chad and in the Central African Republic (EUFOR Tchad/RCA)
   THE EUROPEAN UNION (EU),
   of the one part, and
   THE RUSSIAN FEDERATION
   of the other part,
   hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:
   the United Nations Security Council Resolution 1778 (2007) of 25 September 2007 authorising the EU to deploy forces in the Republic of Chad and in the Central African Republic,
   the adoption by the Council of the European Union of Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic of Chad and in the Central African Republic (EUFOR Tchad/RCA),
   Political and Security Committee Decision CHAD/1/2008 of 13 February 2008 on the acceptance of third States’ contributions to the European Union military operation in the Republic of Chad and in the Central African Republic and Political and Security Committee Decision CHAD/2/2008 of 18 March 2008 on the setting up of the Committee of Contributors for the European Union military operation in the Republic of Chad and in the Central African Republic, both as amended by Political and Security Committee Decision CHAD/3/2008 of 14 May 2008,
   WHEREAS:

               (1)

               The Secretary General of the Council of the EU/High Representative for the Common Foreign and Security Policy, by letter of 7 December 2007, invited the Russian Federation to consider a possible participation in the EU operation in Chad and in the Central African Republic.

               (2)

               The Russian Federation expressed its willingness to consider a possible participation by letter dated 23 April 2008.

               (3)

               The Secretary General of the Council of the EU/High Representative for the Common Foreign and Security Policy and the Minister of Foreign Affairs of the Russian Federation issued a joint statement on 29 April 2008 on mutual cooperation in crisis management operations,

         HAVE AGREED AS FOLLOWS:
   Article 1
   Participation in the operation
   1.   The Russian Party shall participate in the operation conducted by the European Union under the UN Security Council Resolution 1778 (2007) and in accordance with Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic of Chad and in the Central African Republic (EUFOR Tchad/RCA) (hereinafter referred to as the EU operation) and the operation plan of 18 January 2008 by providing the military contingent of the military forces of the Russian Federation (hereinafter referred to as the Russian military contingent) for the purpose of supporting the EU operation by way of air transportation, subject to any implementing conditions set up in the implementing arrangements referred to in Article 6 of this Agreement. Air transportation shall be performed using the aircrafts of the Russian military contingent for the purposes of securing the lives and safety of European Union-led Forces (EUFOR) and the United Nations Mission in the Central African Republic and Chad (MINURCAT) personnel through the transport of EUFOR and MINURCAT personnel, transport of cargo, and search and rescue work with respect to the EUFOR and MINURCAT personnel.
   2.   The contribution by the Russian Party to the EU operation shall be without prejudice to the decision-making autonomy of the European Union.
   3.   The Russian Party shall ensure that the Russian military contingent undertakes its mission in accordance with:

               —

               Joint Action 2007/677/CFSP referred to in paragraph 1 of this Article,

               —

               any implementing arrangements to be agreed by both Parties.

         4.   The personnel of the Russian military contingent will apply the Rules of Engagement of the EU operation so far as they do not conflict with the Russian legislation. Possible caveats/restrictions to the Rules of Engagement set by the Russian Party will be officially specified for the EU Operation Commander.
   5.   The Russian military contingent shall carry out its duties and conduct itself in accordance with the objectives and mandate of the EU operation as provided for in the UN Security Council Resolution 1778 (2007).
   6.   The Russian Party may withdraw its contribution at any time, either at the request of the EU Operation Commander or by decision of the Russian Party, following consultations between the Parties. The Russian Party shall inform the EU Operation Commander in due time of any change to its participation in the EU operation.
   Article 2
   Status of forces
   1.   The status of the Russian military contingent shall be governed by the Agreements on the status of forces in force between the European Union and the Republic of Chad, the Central African Republic, the Republic of Cameroon, upon its arrival in the area of operation.
   2.   Without prejudice to the agreements on the status of forces referred to in paragraph 1 of this Article, the Russian Party shall exercise jurisdiction over the Russian military contingent.
   3.   A representative of the Russian Party shall take part in the procedures for the settlement in any claims involving the Russian military contingent provided for in the status of forces agreements referred to in paragraph 1 of this Article.
   4.   The Russian Party shall be responsible for settling any claims linked to the participation of the Russian military contingent in the EU operation, from or concerning the military personnel of the Russian military contingent. The Russian Party shall be responsible for bringing any action, in particular legal or disciplinary, against any of the military personnel of the Russian military contingent, in accordance with its laws and regulations.
   5.   The European Union undertakes to ensure that Member States make a declaration as regards the waiver of claims against the Russian Federation for the participation of the Russian Federation in the EU operation, and shall do so when signing this Agreement. This declaration is annexed to this Agreement.
   6.   The Russian Party undertakes to make a declaration regarding the waiver of claims against any State participating in the EU operation, and shall do so when signing this Agreement. This declaration is annexed to this Agreement.
   7.   The status of the personnel contributed to the EU operation headquarters in Paris (France) shall be governed by arrangements between the competent authorities of the French Republic and the Russian Federation.
   Article 3
   Classified information
   1.   The Russian Party shall protect any EU classified information provided to it within the framework of the EU operation in accordance with the requirements for protecting classified information as established in the legislation of the Russian Federation. To this end, the security classifications of the Parties shall correspond as follows:

               EU

               Russian Federation

               SECRET UE

               СОВЕРШЕННО СЕКРЕТНО

               CONFIDENTIEL UE

               СЕКРЕТНО

         The Russian Federation restriction marking ‘ДЛЯ СЛУЖЕБНОГО ПОЛЬЗОВАНИЯ’ shall correspond to the EU security classification RESTREINT UE.
   2.   The Russian Party shall take all appropriate measures to ensure that EU classified information provided to it in the framework of the EU operation is protected to an equivalent level to that required by the basic principles and minimum standards for the protection of EU classified information that are applied in the EU, namely the Russian Party:

               —

               shall not use the classified information released to it for purposes other than those for which that classified information has been released by the EU,

               —

               shall not disclose such information to third parties without the prior written consent of the EU,

               —

               shall ensure that access to classified information released to it will be authorised only for individuals for whom knowledge of this information is necessary in order to perform their official duties and, where the information is classified CONFIDENTIEL UE or higher, who have a security clearance,

               —

               shall ensure that, before being given access to classified information, all individuals who require access to such information are briefed on and comply with the requirements of the protective security regulations relevant to the classification of the information they are to access,

               —

               shall ensure that all premises, areas, buildings, offices, rooms, communication and information systems in which classified information and documents are stored and/or handled are protected by appropriate physical security measures,

               —

               shall ensure that the classified documents released to it are, on their receipt, recorded in a special register,

               —

               shall notify the EU of any case of actual or suspected breach or compromise of the classified information released to it. In such a case, the Russian Party shall initiate investigations and take appropriate measures to prevent a recurrence.

         3.   Taking into account the level of classification, the classified information shall be forwarded via diplomatic channels, secure mail services or personal carriage.
   4.   Where the EU and the Russian Federation have concluded an agreement on the protection of classified information, the provisions of that agreement shall apply in the context of the EU operation.
   Article 4
   Chain of command
   1.   The Russian military contingent shall remain under the full command of the Russian Party.
   2.   The Russian competent authorities shall delegate to the Operation Commander the ability to assign tasks to the Russian Military Contingent for the accomplishment of the mission as described in Article 1, paragraph 1 of this Agreement, upon arrival of the Russian military contingent in the area of operations. When planning an air task order or any other decision which will have implications for the Russian military contingent, full coordination with the Senior Military Representatives of the Russian military contingent shall be ensured. The Russian Federation shall have the same rights and obligations in terms of the day-to-day management of the operation as participating EU Member States.
   3.   Senior Military Representatives shall be appointed by the Russian Party to represent the Russian military contingent in EUFOR, both in the EU operation headquarters in Paris (France) and the EU force headquarters in Abéché (Chad). Each Senior Military Representative may have assistance. The Senior Military Representatives shall consult with the EU chain of command on all matters affecting EUFOR. The day-to-day contingent discipline shall be the responsibility of the Commanding Officer of the Russian military contingent.
   Article 5
   Financial aspects
   1.   The Russian Party shall assume all the costs associated with its participation in the EU operation unless the costs are subject to common funding as specified in the implementing arrangements referred to in Article 6 of this Agreement.
   2.   EUFOR Tchad/RCA will provide logistic support to the Russian military contingent on a cost reimbursement basis under the conditions provided in the implementing arrangements referred to in Article 6 in this Agreement.
   3.   The EU shall exempt the Russian Party from any financial contribution to the common costs.
   4.   Compensation in the event of death, injury, loss or damage to natural or legal persons from the State(s) in which the EU operation is conducted, will be managed in accordance with the provisions of the Agreements on status of forces referred to in Article 2(1) of this Agreement.
   5.   Administrative management of expenditure as specified in the implementing arrangements referred to in Article 6 of this Agreement shall be entrusted to the EU mechanism that administers the common costs and the nation borne costs in the operation.
   Article 6
   Arrangements to implement the Agreement
   The participation of the Russian Party in the EU operation shall be implemented in accordance with technical and administrative modalities contained in arrangements implementing the present Agreement to be concluded by the Ministry of Defence of the Russian Federation and the EU Operation Commander.
   Article 7
   Non-compliance
   Should one of the Parties fail to comply with its obligations laid down in Articles 1 to 6 of this Agreement, the other Party shall have the right to terminate this Agreement by serving a notice of one month.
   Article 8
   Dispute settlement
   1.   Disputes between the Parties concerning the interpretation or application of this Agreement and its implementing arrangements shall be settled by the relevant authorities of the Parties at the appropriate level or by diplomatic means.
   2.   Any financial claims or disputes, that have not been resolved in accordance with paragraph 1 of this Article, may be submitted to a mutually agreed conciliator or mediator.
   Any claims or disputes which have failed to be settled by such conciliation or mediation may be submitted by either Party to an arbitration tribunal. Each Party appoints one arbitrator to the arbitration tribunal. The two arbitrators so appointed shall appoint a third arbitrator, who will be the Chairman. Where one of the Parties fails to appoint an arbitrator within two months from the receipt of the other Parties notification of submitting the dispute to the arbitration tribunal or where no agreement can be found, within two months from their appointment, between the two arbitrators on the appointment of the third arbitrator, either Party may ask the President of the International Court of Justice to make an appointment. Where the President of the International Court of Justice is a national of either Party or is unable to discharge the said function for any other reason, the necessary appointments shall be made by the next most senior Member of the International Court of Justice who is not a national of either Party. The arbitration tribunal shall decide ex aequo et bono. The arbitrators have no authority to award punitive damages. The arbitrators shall agree on the procedures for arbitration. The seat of the arbitration shall be in Brussels and the language of the arbitration shall be English. The arbitral award shall contain a statement of reasons on which it is based and is accepted by the Parties as the final adjudication of the dispute. Each Party shall bear its own expenses, and all common costs shall be shared between the Parties in equal parts.
   Article 9
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be applied provisionally from the date of signature.
   3.   This Agreement shall remain in force for the duration of the Russian Party’s contribution to the EU operation. Termination of this Agreement shall not affect any rights or obligations arising out of the execution of this Agreement before such termination.

      Done at Brussels on 5 November 2008 in two copies, each in the English and Russian languages, both texts being equally authentic.

            For the European Union

            For the Russian Federation

   ANNEX
   DECLARATIONS
   referred to in Article 2(5) and (6) of the Agreement
   Declaration by the EU Member States:
   ‘The EU Member States applying Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA) will endeavour, in so far as their internal legal systems so permit, to waive and to answer as far as possible claims against the Russian Federation for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU operation if such injury, death, damage or loss:

               —

               was caused by personnel from the Russian Federation in the execution of their duties in connection with the EU operation, except in the event of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by the Russian Federation, provided that the assets were used in connection with the EU operation and except in the event of gross negligence or wilful misconduct of EU operation personnel from the Russian Federation using those assets.’

         Declaration by the Russian Federation:
   ‘The Russian Federation contributing to the European Union military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA) conducted in accordance with Joint Action 2007/677/CFSP of 15 October 2007, will endeavour, in so far as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU operation if such injury, death, damage or loss:

               —

               was caused by personnel in the execution of their duties in connection with the EU operation, except in the event of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by States participating in the EU operation, provided that the assets were used in connection with the operation and except in the event of gross negligence or wilful misconduct of the EU operation personnel using those assets.’


title: Decision (EU) 2016/1522 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/252

         DECISION (EU) 2016/1522 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Food Safety Authority for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Food Safety Authority for the financial year 2014, together with the Authority’s reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Authority in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0074/2016),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

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

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

               having regard to Rule 94 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0086/2016),

               1.

               Grants the Executive Director of the European Food Safety Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Food Safety Authority, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 160.

      (2)  See footnote 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 31, 1.2.2002, p. 1.

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

      (6)  OJ L 328, 7.12.2013, p. 42.


title: 2009/896/EC: Council Decision of 30 November 2009 on the conclusion of the Agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver

text:
               8.12.2009

               EN

               Official Journal of the European Union

               L 321/38

         COUNCIL DECISION
   of 30 November 2009
   on the conclusion of the Agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver
   (2009/896/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular point 2(b)(i) of Article 62, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated on behalf of the European Community an Agreement with Antigua and Barbuda on the short-stay visa waiver (hereinafter ‘the Agreement’).

               (2)

               The Agreement was signed on behalf of the Community on 28 May 2009 and has been provisionally applied since that date, subject to its conclusion at a later date, in accordance with Council Decision 2009/478/EC (2).

               (3)

               The Agreement should be approved.

               (4)

               The Agreement establishes a Joint Committee for the management of the Agreement, which should adopt its rules of procedure. It is appropriate to provide for a simplified procedure for the establishment of the Community position on the adoption of those rules of procedure.

               (5)

               In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, these Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver (3) is hereby approved on behalf of the Community.
   Article 2
   The President of the Council shall give the notification provided for in Article 8(1) of the Agreement (4).
   Article 3
   The Community shall be represented by the Commission, assisted by experts from Member States, in the Joint Committee of experts established by Article 6 of the Agreement.
   Article 4
   The position of the Community within the Joint Committee of experts with regard to the adoption of its rules of procedure as required under Article 6(4) of the Agreement shall be taken by the Commission after consultation with a special committee designated by the Council.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  Opinion of 20 October 2009 (not yet published in the Official Journal).

      (2)  OJ L 169, 30.6.2009, p. 1.

      (3)  For the text of the Agreement see OJ L 169, 30.6.2009, p. 3.

      (4)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: Decision (EU) 2015/1695 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the budget of the Clean Sky Joint Undertaking for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/371

      DECISION (EU) 2015/1695 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the budget of the Clean Sky Joint Undertaking for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the Clean Sky Joint Undertaking for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the Clean Sky Joint Undertaking for the financial year 2013, together with the Joint Undertaking's replies (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the joint undertaking in respect of the implementation of the budget for the financial year 2013 (05306/2015 — C8-0049/2015),

                  —

                  having regard to Article 319 of the Treaty on the Functioning of the European Union,

                  —

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

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 209 thereof,

                  —

                  having regard to Council Regulation (EC) No 71/2008 of 20 December 2007 setting up the Clean Sky Joint Undertaking (5),

                  —

                  having regard to Council Regulation (EC) No 558/2014 of 6 May 2014 establishing the Clean Sky 2 Joint Undertaking (6), and in particular Article 1(2) and Article 12 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (7),

                  —

                  having regard to Commission Delegated Regulation (EU) No 110/2014 of 30 September 2013 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (8),

                  —

                  having regard to Rule 94 of and Annex V to its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control (A8-0107/2015),

         1.

            Grants the Executive Director of the Clean Sky 2 Joint Undertaking discharge in respect of the implementation of the Clean Sky Joint Undertaking's budget for the financial year 2013;

         2.

            Sets out its observations in the resolution below;

         3.

            Instructs its President to forward this decision and the resolution forming an integral part of it to the Executive Director of the Clean Sky 2 Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 452, 16.12.2014, p. 17.

         (2)  OJ C 452, 16.12.2014, p. 18.

         (3)  OJ L 248, 16.9.2002, p. 1.

         (4)  OJ L 298, 26.10.2012, p. 1.

         (5)  OJ L 30, 4.2.2008, p. 1.

         (6)  OJ L 169, 7.6.2014, p. 77.

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

         (8)  OJ L 38, 7.2.2014, p. 2.


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31995D0145

95/145/EC, ECSC: Decision of the Council and the Commission of 10 April 1995 concerning the conclusion of the Agreement between the European Communities and the Government of the United States of America regarding the application of their competition laws

Official Journal L 095 , 27/04/1995 P. 0045 - 0046

DECISION OF THE COUNCIL AND THE COMMISSION of 10 April 1995 concerning the conclusion of the Agreement between the European Communities and the Government of the United States of America regarding the application of their competition laws (95/145/EC, ECSC)THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Articles 87 and 235, in conjunction with the first subparagraph of Article 228 (3) thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Articles 65 and 66 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (1),Whereas Article 235 of the Treaty establishing the European Community must be invoked owing to the inclusion in the text of the Agreement of mergers and acquisitions which are covered by Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (2), which is essentially based on Article 235;Whereas, given the increasingly pronounced international dimension to competition problems, international cooperation in this field should be strengthened;Whereas, to this end, the Commission has negotiated an Agreement with the Government of the United States of America on the application of the competition rules of the European Communities and of the United States of America;Whereas the Agreement, including the exchange of interpretative letters, should be approved,HAVE DECIDED AS FOLLOWS:Article 1 The Agreement between the European Communities and the Government of the United States of America regarding the application of their competition laws, including the exchange of interpretative letters, is hereby approved on behalf of the European Community and the European Coal and Steel Community.The texts of the Agreement and of the exchange of interpretative letters, drawn up in the English language, are attached to this Decision.Article 2 The Agreement shall apply with effect from 23 September 1991.Article 3 The President of the Council is hereby authorized to designate the person(s) empowered to notify the Government of the United States of America of approval of the Agreement, on behalf of the European Community, and to sign the exchange of interpretative letters.The Commission shall designate the person(s) empowered to notify the Government of the United States of America of approval of the Agreement, on behalf of the European Coal and Steel Community, and to sign the exchange of interpretative letters.Done at Luxembourg, 10 April 1995.For the CouncilThe PresidentJ. PUECH For the CommissionThe PresidentJ. SANTER(1) Opinion delivered on 20 January 1995 (OJ No C 43, 20. 2. 1995) and 17 March 1995 (OJ No C 89, 10. 4. 1995).(2) OJ No L 395, 30. 12. 1989, p. 1 (corrected version: OJ No L 257, 21. 9. 1990, p. 13).


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31995D0414

95/414/EC: Council Decision of 17 July 1995 on the conclusion by the European Community of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Russian Federation, of the other part

Official Journal L 247 , 13/10/1995 P. 0001 - 0001

COUNCIL DECISION of 17 July 1995 on the conclusion by the European Community of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Russian Federation, of the other part (95/414/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2), first sentence, thereof,Having regard to the proposal from the Commission,Whereas, pending the entry into force of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, signed in Corfu on 24 June 1994, it is necessary to approve, on behalf of the European Community, the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Russian Federation, of the other part, initialled on 29 December 1994,HAS DECIDED AS FOLLOWS:Article 1The Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Russian Federation, of the other part, together with the two Protocols and the declarations relating thereto, is hereby approved on behalf of the European Community.The text of the Interim Agreement is attached to this Decision.Article 2The President of the Council is hereby authorized to designate the persons empowered to sign the Interim Agreement (1).Article 3The President of the Council shall give the notification provided for in Article 36 of the Interim Agreement on behalf of the European Community.Done at Brussels, 17 July 1995.For the CouncilThe PresidentJ. SOLANA(1) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: 90/617/EEC: Council Decision of 27 July 1990 concerning the conclusion of the Agreement between the European Economic Community and the Republic of Indonesia on trade in textile products

text:
No L 329/42                                   Official Journal of the European Communities                                 28.11.90
                                                          COUNCIL DECISION
                                                              of 27 July 1990
                   concerning the conclusion of the Agreement between the European Economic Community and
                                          the Republic of Indonesia on trade in textile products
                                                              (90 / 617 / EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                  Community and the Republic of Indonesia on trade in textile
                                                                           products is hereby approved on behalf of the Community.
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                          The text of the Agreement is attached to this Decision.
thereof,
Having regard to the proposal from the Commission,                                                  Article 2
Whereas the Agreement negotiated between the European                      The President of the Council is hereby authorized to
Economic Community and the Republic of Indonesia on                        designate the person empowered to sign the above
trade in textile products initialled in Brussels on 28 June 1986           Agreement in order to bind the Community.
and applied on a provisional basis by Decision
87 / 421 / EEC (*), as from 1 January 1987, should be
approved ,
                                                                           Done at Brussels, 27 July 1990 .
HAS DECIDED AS FOLLOWS :
                                                                                For the Council
                             Article 1
                                                                                The President
The    Agreement       between       the   European      Economic                                                   E. RUBBI
(») OJ No L 233 , 19 . 8 . 1987 , p. 38 .


title: 2012/311/EU: Council Decision of 7 June 2012 on the position to be taken by the European Union within the Food Aid Committee as regards the extension of the Food Aid Convention, 1999

text:
               19.6.2012

               EN

               Official Journal of the European Union

               L 158/1

         COUNCIL DECISION
   of 7 June 2012
   on the position to be taken by the European Union within the Food Aid Committee as regards the extension of the Food Aid Convention, 1999
   (2012/311/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 214(4), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Food Aid Convention 1999 (FAC) was concluded by the European Community by Council Decision 2000/421/EC (1), and extended by various decisions of the Food Aid Committee.

               (2)

               The current FAC expires on 30 June 2012 and the question of its possible extension will be addressed in the session of the Food Aid Committee in June 2012.

               (3)

               Pursuant to Article XXV(b) of the FAC, its extension is conditional upon the Grains Trade Convention 1995 remaining in force. On 6 June 2011, the International Grains Council decided to extend the Grains Trade Convention 1995 until 30 June 2013.

               (4)

               At the 103rd session of the Food Aid Committee on 14 December 2010, its members agreed to begin the formal process of renegotiating the FAC with a series of negotiation sessions.

               (5)

               As the new Food Assistance Convention, which will succeed the FAC, enters into force only on 1 January 2013, there is a gap of six months between the expiry of the FAC and the entry into force of the new Food Assistance Convention.

               (6)

               At the 105th session of the Food Aid Committee on 30 November 2011, Parties to the FAC agreed that an overlap with the new Food Assistance Convention should be avoided and that a six-month gap was preferable to an extension of the FAC.

               (7)

               The European Commission, which represents the European Union in the Food Aid Committee, should therefore be authorised to oppose a consensus in the Food Aid Committee favouring an extension,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position of the European Union within the Food Aid Committee shall be to oppose a consensus in the Food Aid Committee, pursuant to Rule 13 of the Rules of Procedure of the Food Aid Committee, favouring an extension of the Food Aid Convention.
   Article 2
   The Commission is hereby authorised to express this position within the Food Aid Committee.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 7 June 2012.

            For the Council

            The President

         M. BØDSKOV

      (1)  OJ L 163, 4.7.2000, p. 37.


title: 2012/434/EU: Council Decision of 24 July 2012 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement

text:
               27.7.2012

               EN

               Official Journal of the European Union

               L 200/1

         COUNCIL DECISION
   of 24 July 2012
   on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement
   (2012/434/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 and Article 100(2) and the first subparagraph of Article 207(4), in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with Council Decision 2012/107/EU (1), the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement (‘the Agreement’), was signed on 16 December 2011, subject to its conclusion.

               (2)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement is hereby approved on behalf of the Union (2).
   Article 2
   The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union, to make the notification provided for in the Agreement in order to express the consent of the Union to be bound by the Agreement (3).
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 24 July 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ L 57, 29.2.2012, p. 43.

      (2)  The Agreement has been published in OJ L 57, 29.2.2012, p. 44, together with the decision on signing.

      (3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


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31995D0355

95/355/Euratom: Commission Decision of 28 June 1995 concerning the conclusion of a memorandum of understanding for cooperation between the European Atomic Energy Community and the Government of Canada in the field of controlled nuclear fusion, by the Commission for and on behalf of the Community

Official Journal L 211 , 06/09/1995 P. 0030 - 0030

COMMISSION DECISION of 28 June 1995 concerning the conclusion of a memorandum of understanding for cooperation between the European Atomic Energy Community and the Government of Canada in the field of controlled nuclear fusion, by the Commission for and on behalf of the Community (95/355/Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101 (2) thereof,Whereas the Council, in its Decision of 20 February 1995 approved the conclusion, by the Commission, of the memorandum of understanding for cooperation between the European Atomic Energy Community and the Government of Canada in the field of controlled nuclear fusion,HAS DECIDED AS FOLLOWS:Article 1The memorandum of understanding for cooperation between the European Atomic Energy Community and the Government of Canada in the field of controlled nuclear fusion is hereby concluded for and on behalf of the Community.The text of memorandum of understanding is appended to this Decision.Article 2The Member of the Commission responsible for science, research and development or her designated representative is authorized to sign the memorandum of understanding for the purpose of binding the European Atomic Energy Community.Done at Brussels, 28 June 1995.For the CommissionJacques SANTERThe President