title: 2005/677/EC, Euratom: Council Decision of 20 September 2005 appointing a member of the European Economic and Social Committee

text:
               1.10.2005

               EN

               Official Journal of the European Union

               L 256/54

      COUNCIL DECISION

   of 20 September 2005
   appointing a member of the European Economic and Social Committee
   (2005/677/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),
   Having regard to the nomination submitted by the French Government,
   Having regard to the opinion of the European Commission,
   Whereas a member’s seat on the European Economic and Social Committee has fallen vacant, following the resignation of Mr Thierry UHLMANN, of which the Council was informed on 28 November 2004,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Hervé COUPEAU is hereby appointed a member of the European Economic and Social Committee in place of Mr Thierry UHLMANN for the remainder of his term of office, namely until 20 September 2006.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the date of its adoption.

      Done at Brussels, 20 September 2005.

            For the Council

            The President

         M. BECKETT

      (1)  OJ L 253, 21.9.2002, p. 9.


title: 2011/129/EU: Council Decision of 13 September 2010 on the position to be taken by the European Union in the EU-Switzerland Joint Committee established in the Agreement between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007, as regards a Joint Committee decision updating Article 1 of Annex I to the Agreement

text:
               26.2.2011

               EN

               Official Journal of the European Union

               L 53/1

         COUNCIL DECISION
   of 13 September 2010
   on the position to be taken by the European Union in the EU-Switzerland Joint Committee established in the Agreement between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007, as regards a Joint Committee decision updating Article 1 of Annex I to the Agreement
   (2011/129/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 166(4) and 173(3), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 8 of the Agreement between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007 (1) signed on 11 October 2007, hereinafter referred to as ‘the Agreement’, establishes a Joint Committee responsible for the management and proper implementation of the Agreement.

               (2)

               Following the entry into force on 19 December 2007 of Directive 89/552/EEC as last amended by Directive 2007/65/EC of the European Parliament and of the Council, which was subsequently codified (Audiovisual Media Services Directive) (2), it appears appropriate to the European Union and to Switzerland, hereinafter referred to as the ‘Contracting Parties’, to update the references to that Directive accordingly, as provided in the Final Act (3) to the Agreement in the Joint Declaration by the Contracting Parties on the adaptation of the Agreement to the new Community Directive, and to update Article 1 of Annex I to the Agreement, pursuant to Article 8(7) of the Agreement.

               (3)

               The Union should therefore take the position in the EU – Switzerland Joint Committee set out in the attached draft decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Council approves the draft decision in the Annex as the position to be taken by the European Union regarding a decision to be adopted by the EU–Switzerland Joint Committee established in the Agreement between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007, on the updating of Article 1 of Annex I to the Agreement.
   Article 2
   The decision of the Joint Committee shall be published in the Official Journal of the European Union.

      Done at Brussels, 13 September 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  OJ L 303, 21.11.2007, p. 11.

      (2)  OJ L 298, 17.10.1989, p. 23.

      (3)  OJ L 303, 21.11.2007, p. 20.

      ANNEX

         Draft
         DECISION No … OF THE EU-SWITZERLAND JOINT COMMITTEE ESTABLISHED IN THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION IN THE AUDIOVISUAL FIELD, ESTABLISHING THE TERMS AND CONDITIONS FOR THE PARTICIPATION OF THE SWISS CONFEDERATION IN THE COMMUNITY PROGRAMME MEDIA 2007,
         of …
         on the updating of Article 1 of Annex I to the Agreement
         THE JOINT COMMITTEE,
         Having regard to the Agreement between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programme MEDIA 2007 (1), hereinafter referred to as ‘the Agreement’, and the Final Act to the Agreement (2), both signed in Brussels on 11 October 2007,
         Whereas:

                     (1)

                     The Agreement entered into force on 1 August 2010.

                     (2)

                     Following the entry into force on 19 December 2007 of Directive 89/552/EEC as last amended by Directive 2007/65/EC of the European Parliament and of the Council, as codified (Audiovisual Media Services Directive) (3), it appears appropriate to the Contracting Parties to update the references to that Directive accordingly, as provided in the Final Act to the Agreement in the Joint Declaration by the Contracting Parties on the adaptation of the Agreement to the new Community Directive, and to update Article 1 of Annex I to the Agreement, pursuant to Article 8(7) of the Agreement,

               HAS DECIDED AS FOLLOWS:
         Article 1
         Article 1 of Annex I to the Agreement shall be replaced by the following:

            ‘Article 1
            Freedom of broadcast reception and retransmission
            1.   Switzerland shall ensure freedom of reception and retransmission on its territory with regard to television broadcasts under the jurisdiction of a Member State of the Union, as determined pursuant 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 (4) (hereinafter referred to as the “Audiovisual Media Services Directive”), in accordance with the following procedures:
            Switzerland shall maintain the right to:

                        (a)

                        suspend retransmission of broadcasts from a television broadcasting organisation under the jurisdiction of a Member State of the Union which has manifestly, seriously and gravely infringed the rules on the protection of minors and human dignity set out in Article 27(1) or (2) and/or Article 6 of the Audiovisual Media Services Directive;

                        (b)

                        require broadcasters under its jurisdiction to comply with more detailed or stricter rules in the fields coordinated by the Audiovisual Media Services Directive provided that such rules are proportionate and non-discriminatory.

                  2.   In cases where Switzerland:

                        (a)

                        has exercised its freedom under paragraph 1(b) to adopt more detailed or stricter rules of general public interest; and

                        (b)

                        assesses that a broadcaster under the jurisdiction of a Member State of the Union provides a television broadcast which is wholly or mostly directed towards its territory,

                  it may contact the Member State having jurisdiction with a view to achieving a mutually satisfactory solution to any problems posed. On receipt of a substantiated request by Switzerland, the Member State having jurisdiction shall request the broadcaster to comply with the rules of general public interest in question. The Member State having jurisdiction shall inform Switzerland of the results obtained following this request within 2 months. Either Switzerland or the Member State may ask the Commission to invite the parties concerned to an ad-hoc meeting with the Commission on the fringe of the Contact Committee to examine the case.
            3.   Where Switzerland assesses:

                        (a)

                        that the results achieved through the application of paragraph 2 are not satisfactory; and

                        (b)

                        that the broadcaster in question has established itself in the Member State having jurisdiction in order to circumvent the stricter rules, in the fields coordinated by the Audiovisual Media Services Directive, which would be applicable to it if it were established within Switzerland,

                  it may adopt appropriate measures against the broadcaster concerned.
            Such measures shall be objectively necessary, applied in a non-discriminatory manner and be proportionate to the objectives which they pursue.
            4.   Switzerland may take measures pursuant to paragraph 1(a) or paragraph 3 of this Article only if the following conditions are met:

                        (a)

                        it has notified the Joint Committee and the Member State in which the broadcaster is established of its intention to take such measures while substantiating the grounds on which it bases its assessment; and

                        (b)

                        the Joint Committee has decided that the measures are proportionate and non-discriminatory, and in particular that assessments made by Switzerland under paragraphs 2 and 3 are correctly founded.

         Article 2
         This Decision shall enter into force on the first day following its adoption.

            Done at Brussels, … .

                  For the Joint Committee

                  The Head of the EU Delegation

                  The Head of the Swiss Delegation

         (1)  OJ L 303, 21.11.2007, p. 11.

         (2)  OJ L 303, 21.11.2007, p. 20.

         (3)  OJ L 332, 18.12.2007, p. 27.

         (4)  OJ L 298, 17.10.1989, p. 23.’


title: 2014/734/EU: Council Decision of 9 October 2014 on the position to be adopted on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, as regards the replacement of Protocol 4 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin

text:
               23.10.2014

               EN

               Official Journal of the European Union

               L 304/91

         COUNCIL DECISION
   of 9 October 2014
   on the position to be adopted on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, as regards the replacement of Protocol 4 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin

      (2014/734/EU)

   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)

               Protocol 4 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (1) (‘the Agreement’) concerns the definition of the concept of ‘originating products’ and methods of administrative cooperation, (‘Protocol 4’).

               (2)

               The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’) lays down provisions on the origin of goods traded under relevant agreements concluded between the contracting parties to the Convention. The former Yugoslav Republic of Macedonia and other participants to the Stabilisation and Association Process from the Western Balkans were invited to join the system of pan-European diagonal cumulation of origin in the Thessaloniki agenda, endorsed by the European Council of June 2003. They were invited to join the Convention by a decision of the Euro-Mediterranean Ministerial Conference of October 2007.

               (3)

               The Union and the former Yugoslav Republic of Macedonia signed the Convention on 15 June 2011.

               (4)

               The Union and the former Yugoslav Republic of Macedonia deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 14 June 2012 respectively. As a consequence, in application of Article 10(3) of the Convention, the Convention entered into force in relation to the Union and the former Yugoslav Republic of Macedonia on 1 May 2012 and on 1 August 2012 respectively.

               (5)

               Article 6 of the Convention provides that each contracting party to the Convention is to take appropriate measures to ensure that the Convention is effectively applied. To that effect, the Stabilisation and Association Council established by the Agreement should adopt a decision replacing Protocol 4 by a new protocol which, with regard to the rules of origin, refers to the Convention.

               (6)

               The position of the Union within the Stabilisation and Association Council should therefore be based on the attached draft decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The position to be adopted on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, as regards the replacement of Protocol 4 to that Agreement, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation, by a new protocol which, as regards the rules of origin, refers to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, shall be based on the draft decision of the Stabilisation and Association Council attached to this Decision.
   2.   Minor changes to the draft decision of the Stabilisation and Association Council may be agreed to by the representatives of the Union in the Stabilisation and Association Council without further decision of the Council.
   Article 2
   The decision of the Stabilisation and Association Council shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 9 October 2014.

            For the Council

            The President

         A. ALFANO

      (1)  OJ L 84, 20.3.2004, p. 13.

      (2)  OJ L 54, 26.2.2013, p. 4.

      DRAFT
      DECISION No … OF THE EU-FORMER YUGOSLAV REPUBLIC OF MACEDONIA STABILISATION AND ASSOCIATION COUNCIL
      of
      replacing Protocol 4 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
      THE EU-FORMER YUGOSLAV REPUBLIC OF MACEDONIA STABILISATION AND ASSOCIATION COUNCIL,
      Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (1), and in particular Article 40 thereof,
      Having regard to Protocol 4 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation,
      Whereas:

                  (1)

                  Article 40 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (‘the Agreement’)refers to Protocol 4 to the Agreement (‘Protocol 4’) which lays down the rules of origin and provides for cumulation of origin between the Union, the former Yugoslav Republic of Macedonia, Turkey and any country or territory participating in the Union's Stabilisation and Association Process.

                  (2)

                  Article 39 of Protocol 4 provides that the Stabilisation and Association Council provided for in Article 108 of the Agreement may decide to amend the provisions of Protocol 4.

                  (3)

                  The Regional Convention on pan-Euro-Mediterranean preferential rules of origin (2) (‘the Convention’) aims to replace the protocols on rules of origin currently in force among the countries of the pan-Euro-Mediterranean area with a single legal act. The former Yugoslav Republic of Macedonia and other participants to the Stabilisation and Association Process from the Western Balkans were invited to join the system of pan-European diagonal cumulation of origin in the Thessaloniki agenda, endorsed by the European Council of June 2003. They were invited to join the Convention by a decision of the Euro-Mediterranean Ministerial Conference of October 2007.

                  (4)

                  The Union and the former Yugoslav Republic of Macedonia signed the Convention on 15 June 2011.

                  (5)

                  The Union and the former Yugoslav Republic of Macedonia deposited their instruments of acceptance with the depositary of the Convention on 26 March 2012 and 14 June 2012, respectively. Consequently, in application of Article 10(3) of the Convention, the Convention entered into force in relation to the European Union and the former Yugoslav Republic of Macedonia on 1 May 2012 and on 1 August 2012, respectively.

                  (6)

                  Where the transition towards the Convention is not simultaneous for all contracting parties to the Convention within the cumulation zone, it should not lead to any less favourable situation than previously under Protocol 4.

                  (7)

                  Protocol 4 should therefore be replaced by a new protocol making reference to the Convention,

            HAS ADOPTED THIS DECISION:
      Article 1
      Protocol 4 to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation shall be replaced by the text set out in the Annex to this Decision.
      Article 2
      This Decision shall enter into force on the date of its adoption.
      It shall apply from ….

         Done at …,

               For the EU-former Yugoslav Republic of Macedonia Stabilisation and Association Council

               The President

         (1)  OJ L 84, 20.3.2004, p. 13.

         (2)  OJ L 54, 26.2.2013, p. 4.

         ANNEX
         Protocol 4
         concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation
         Article 1
         Applicable rules of origin
         1.   For the purpose of implementing this Agreement, Appendix I and the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin (1) (‘the Convention’) shall apply.
         2.   All references to the ‘relevant agreement’ in Appendix I and in the relevant provisions of Appendix II to the Regional Convention on pan-Euro-Mediterranean preferential rules of origin shall be construed so as to mean this Agreement.
         Article 2
         Dispute settlement
         1.   Where disputes arise in relation to the verification procedures of Article 32 of Appendix I to the Convention that cannot be settled between the customs authorities requesting the verification and the customs authorities responsible for carrying out that verification, they shall be submitted to the Stabilisation and Association Council.
         2.   In all cases the settlement of disputes between the importer and the customs authorities of the importing country shall take place under the legislation of that country.
         Article 3
         Amendments to the Protocol
         The Stabilisation and Association Council may decide to amend the provisions of this Protocol.
         Article 4
         Withdrawal from the Convention
         1.   Should either the European Union or the former Yugoslav Republic of Macedonia give notice in writing to the depositary of the Convention of their intention to withdraw from the Convention according to Article 9 thereof, the European Union and the former Yugoslav Republic of Macedonia shall immediately enter into negotiations on rules of origin for the purpose of implementing this Agreement.
         2.   Until the entry into force of such newly negotiated rules of origin, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention, applicable at the moment of withdrawal, shall continue to apply to this Agreement. However, as of the moment of withdrawal, the rules of origin contained in Appendix I and, where appropriate, the relevant provisions of Appendix II to the Convention shall be construed so as to allow bilateral cumulation between the European Union and the former Yugoslav Republic of Macedonia only.
         Article 5
         Transitional provisions — cumulation
         1.   Notwithstanding Article 3 of Appendix I to the Convention, the rules on cumulation provided for in Articles 3 and 4 of this Protocol, as amended by the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (2), shall continue to apply between the European Union and the former Yugoslav Republic of Macedonia until the Convention has entered into application with relation to all Contracting Parties listed in Articles 3 and 4 of this Protocol.
         2.   Notwithstanding Articles 16(5) and 21(3) of Appendix I to the Convention, where cumulation involves only EFTA States, the Faroe Islands, the European Union, Turkey and the participants in the Stabilisation and Association Process, the proof of origin may be a movement certificate EUR.1 or an origin declaration.

            (1)  OJ L 54, 26.2.2013, p. 4.

            (2)  OJ L 99, 10.4.2008, p. 2.


Avis juridique important

|

31986D0056

86/56/EEC: Commission Decision of 12 February 1986 amending Decision 73/426/EEC on the Advisory Committee on Hops

Official Journal L 068 , 11/03/1986 P. 0019 - 0019

*****COMMISSION  DECISION  of 12 February 1986  amending Decision 73/426/EEC on the Advisory Committee on Hops  (86/56/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas, as a result of enlargement, in order to maintain a balanced regional representation in the Joint Working Party set up under the Advisory Committee on Hops, pursuant to Commission Decision 73/426/EEC (1), as last amended by Decision 83/77/EEC (2), the number of members of the Working Party should be increased,  HAS DECIDED AS FOLLOWS:  Article 1  In Article 5 (1) of Commission Decision 73/426/EEC, the number 'six' is hereby replaced by 'seven'.  Article 2  This Decision shall enter into force on 12 February 1986.  Done at Brussels, 12 February 1986.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 355, 24. 12. 1973, p. 53.  (2) OJ No L 51, 24. 2. 1983, p. 34.


title: 2013/364/CFSP: Council Decision 2013/364/CFSP of 8 July 2013 amending Decision 2010/330/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ

text:
               9.7.2013

               EN

               Official Journal of the European Union

               L 188/9

      COUNCIL DECISION 2013/364/CFSP
   of 8 July 2013
   amending Decision 2010/330/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 14 June 2010, the Council adopted Decision 2010/330/CFSP (1) which extended EUJUST LEX IRAQ until 30 June 2012.

               (2)

               On 10 July 2012, the Council adopted Decision 2012/372/CFSP (2) extending EUJUST LEX IRAQ for a further period of 18 months until 31 December 2013.

               (3)

               The financial reference amount covers the period until 30 June 2013. A new financial reference amount is required to cover the expenditure related to the Mission between 1 July 2013 and 31 December 2013.

               (4)

               EUJUST LEX-IRAQ 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.

               (5)

               Decision 2010/330/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following paragraph is inserted in Article 11 of Decision 2010/330/CFSP:

      ‘2b.   The financial reference amount intended to cover the expenditure related to the Mission between 1 July 2013 and 31 December 2013 shall be EUR 15 400 000.’.

   Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 July 2013.

      Done at Brussels, 8 July 2013.

            For the Council

            The President

         L. LINKEVIČIUS

      (1)  OJ L 149, 15.6.2010, p. 12.

      (2)  OJ L 179, 11.7.2012, p. 22.


Avis juridique important

|

41993D0024

The Schengen acquis - Decision of the Executive Committee of 14 December 1993 on the common principles for cancelling, rescinding or shortening the length of validity of the uniform visa (SCH/Com-ex (93) 24)

Official Journal L 239 , 22/09/2000 P. 0154 - 0156

DECISION OF THE EXECUTIVE COMMITTEEof 14 December 1993on the common principles for cancelling, rescinding or shortening the length of validity of the uniform visa(SCH/Com-ex (93)24)THE EXECUTIVE COMMITTEE,Having regard to Article 132 of the Convention implementing the Schengen Agreement,Having regard to Article 131 of the abovementioned Convention,HAS DECIDED AS FOLLOWS:The procedures for cancelling, rescinding or shortening the length of validity of the uniform visa shall comply with the principles defined in the document attached hereto.Paris, 14 December 1993.The ChairmanA. LamassoureThe procedures for cancelling, rescinding or shortening the length of validity of a uniform visa, as laid down by the Executive Committee pursuant to Article 131, shall be either to prevent access to the territory of the Signatory States to the Schengen Convention as granted by the issue of a uniform visa, or to shorten the length of validity of the visa or the length of the initially intended duration of the stay.A distinction can be made between:- cancellation,- rescission,- and shortening of the length of validity.1. CancellationThe visa shall be cancelled at the border(1) and the procedure carried out by the officers responsible for border controls (see Common Manual II point 1.4.4)(2). The purpose is to prevent access to the territory of the Signatory States to the Schengen Convention, notably where a visa has been issued in error to an alien who is the subject of an alert refusing entry as an undesirable person. If a visa is cancelled it is considered as never having existed.Cancellation is not the same as refusal of admission, a procedure whereby the border control officers do not cancel the visa but refuse the holder entry to their territory, for example because the latter lacks the documents to justify the purpose of the stay.The decision to cancel the visa is taken by the national administrative authorities responsible for border checks.For practical purposes, an interlineation or some kind of indication may be attached to the visa sticker that clearly shows that the visa has been cancelled. It is recommended that the sticker kinegramme be scored through with a pointed metal object.The central authority of the State that issued the visa shall be notified that the visa has been cancelled, and the following information shall be communicated:- the date and grounds for cancellation,- the name of the visa holder,- nationality,- travel document type and issue number,- visa sticker number,- type of visa,- date and place of issue of the visa.2. RescissionSome States draw a distinction between rescinding a uniform visa and cancelling it.By rescinding a visa, a measure which does not have retroactive effect, it is possible to cancel the remaining period of validity of a uniform visa after the holder has entered the territory.Pursuant to Article 23 of the Schengen Convention, the visa shall be rescinded if checks reveal that the alien holding a visa issued correctly does not fulfil, or no longer fulfils, one or several of the conditions set out in Article 5(1)(c), (d) and (e) of the Schengen Convention. The visa shall be rescinded according to the national procedures of the Contracting Party on whose territory the visa holder is located. The Contracting Party that rescinds the visa shall inform the Contracting Party which issued the visa. It shall give the reasons for its decision.3. Shortening of the length of validity of the uniform visaPursuant to Article 23 of the Schengen Convention, some States use this procedure prior to the expulsion of an alien. It entails shortening the length of the stay to the number of days between the date on which the border was crossed and the date set for the alien's expulsion.The border control officer may also decide to shorten the length of validity of a uniform visa if it is established that the alien does not have adequate means of support for the initially intended duration of the stay.(1) A visa may also be cancelled by the consular authorities if the visa appears to have been issued in error.(2) Confidential document. See SCH/Com-ex (98)17.


title: 2012/569/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the Community Fisheries Control Agency for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/174

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on the closure of the accounts of the Community Fisheries Control Agency for the financial year 2010
   (2012/569/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Community Fisheries Control Agency for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Community Fisheries Control Agency for the financial year 2010, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

               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 (2), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency (3), and in particular Article 36 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 (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Fisheries (A7-0130/2012),

               1.

               Approves the closure of the accounts of the Community Fisheries Control Agency for the financial year 2010;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Fisheries Control Agency (previously referred to as Community Fisheries Control Agency), the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 1.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 128, 21.5.2005, p. 1.

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


title: Decision of the Standing Committee of the EFTA States No 4/2004/SC of  3 June 2004  establishing a Financial Mechanism Committee

text:
               23.2.2006

               EN

               Official Journal of the European Union

               L 52/54

      DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES

   No 4/2004/SC
   of 3 June 2004
   establishing a Financial Mechanism Committee
   THE STANDING COMMITTEE OF THE EFTA STATES,
   Having regard to the Agreement on the European Economic Area as adjusted by the Protocol adjusting the Agreement on the European Economic Area (hereinafter referred to as the EEA Agreement),
   Having regard to the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic in the European Economic Area (hereinafter referred to as the EEA Enlargement Agreement),
   Having regard to Protocol 38a on the EEA Financial Mechanism inserted into the EEA Agreement by the EEA Enlargement Agreement,
   Having regard to the Agreement between the Kingdom of Norway and the European Community on a Norwegian Financial Mechanism for the period 2004 to 2009,
   Having regard to the Decision of the Standing Committee of the EFTA States No 4/2003/SC of 4 December 2003 establishing an EEA Financial Mechanism Interim Committee,
   Having regard to the Decision of the Standing Committee of the EFTA States No 1/2004/SC of 5 February 2004 establishing an Office for the EEA Financial Mechanism and the Norwegian Financial Mechanism,
   HAS DECIDED AS FOLLOWS:
   Article 1
   A Financial Mechanism Committee (hereinafter referred to as the Committee) shall be established and replace the EEA Financial Mechanism Interim Committee as soon as each EEA EFTA State has appointed its members. The Committee shall manage the EEA Financial Mechanism.
   Article 2
   The Committee shall adopt the rules and procedures for the implementation of the EEA Financial Mechanism and submit them to the Standing Committee for approval, as well as take all decisions necessary for its proper functioning.
   Article 3
   The Office for the EEA Financial Mechanism and the Norwegian Financial Mechanism shall serve as a secretariat to the EEA Financial Mechanism Committee.
   Article 4
   Each EFTA State, party to the EEA Agreement, shall be represented on the Committee and have one vote.
   Article 5
   1.   Decisions by the Committee shall be taken by unanimous vote. Decisions shall be regarded as taken unanimously if no member casts a negative vote.
   2.   However, a decision to reject a grant shall be regarded as taken if at least one member votes for its rejection.
   3.   Other matters, on which the Committee does not agree unanimously, may be referred to the Standing Committee of the EFTA States.
   Article 6
   1.   On the basis of the principle of cost sharing, established by a decision of the Standing Committee, the Financial Mechanism Committee shall, at the beginning of each financial year of the commitment period (2004 to 2009), calculate the share of each annual tranche to be made available for commitment by each EEA EFTA State to the EEA Financial Mechanism.
   2.   Calls for initial payments and subsequent replenishments shall be issued by the Director of the Office for the EEA Financial Mechanism and the Norwegian Financial Mechanism.
   Article 7
   The Committee shall regularly report on its activities and on the operation of the EEA Financial Mechanism to the Standing Committee of the EFTA States. The Committee shall annually submit a report to the Standing Committee.
   Article 8
   The Committee shall adopt its own rules of procedure.
   Article 9
   This Decision shall remain in force until all obligations of the EEA Financial Mechanism have been fulfilled.
   Article 10
   This Decision shall take immediate effect.
   Article 11
   This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

      Done at Brussels, 3 June 2004.

            For the Standing Committee

            The Chairman

         HSH Prinz Nikolaus von LIECHTENSTEIN

            The Secretary-General

         William ROSSIER


Avis juridique important

|

31998D0707

98/707/EC: Council Decision of 22 October 1998 relating to the conclusion of a Protocol for the adaptation of the trade aspects of Europe Agreement between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the results of the agricultural negotiations of the Uruguay Round, including the improvements of the existing preferential regime

Official Journal L 341 , 16/12/1998 P. 0001 - 0002

COUNCIL DECISION of 22 October 1998 relating to the conclusion of a Protocol for the adaptation of the trade aspects of Europe Agreement between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the results of the agricultural negotiations of the Uruguay Round, including the improvements of the existing preferential regime (98/707/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof, in conjunction with the first sentence of Article 228(2) thereof,Having regard to the proposal from the Commission,Whereas the Protocol for the adaptation of the trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, should be approved, with a view to taking into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the results of the agricultural negotiations of the Uruguay Round, including the improvements of the existing preferential regime;Whereas the Commission should be authorised to take measures to implement the Protocol, notably with regard to basic and processed agricultural products;Whereas Regulations (EC) No 1595/97 (1) and (EC) No 656/98 (2) brought forward the implementation of certain provisions of the Protocol relating to basic and processed agricultural products, respectively; whereas, therefore, appropriate measures should be taken to ensure a smooth transition between the preferential arrangements applied under those Regulations and those provided for by the Protocol;Whereas the Additional Protocol to the Europe Agreement on trade in textile products between the European Community and the Czech Republic was last amended by Decision 96/225/EC (3),HAS DECIDED AS FOLLOWS:Article 1The Protocol for the adaptation of the trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the results of the agricultural negotiations of the Uruguay Round, including the improvements of the existing preferential regime is hereby approved on behalf of the Community.The text of the Protocol is attached to this Decision.Article 21. Detailed rules for the application of this Decision shall be adopted by the Commission according to the procedure provided for in Article 23 of Regulation (EEC) No 1766/92 (4) or, as appropriate, the relevant provisions of other Regulations on the common organisation of the market, Regulation (EC) No 3448/93 (5) or Regulation (EC) No 3066/95 (6).2. Upon this Decision taking effect, any rules adopted by the Commission pursuant to Article 8 of Regulation (EC) No 3066/95 and to Regulation (EC) No 656/98, implementing the concessions covered by the Protocol, shall be deemed to be governed by paragraph 1 above.Article 3The President of the Council shall, on behalf of the European Community, give the notification provided for in Article 7 of the Protocol.Done at Luxembourg, 22 October 1998.For the CouncilThe PresidentW. MOLTERER(1) OJ L 216, 8.8.1997, p. 1.(2) OJ L 90, 25.3.1998, p. 1.(3) OJ L 81, 30.3.1996, p. 310.(4) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 923/96 (OJ L 126, 24.5.1996, p. 37).(5) OJ L 318, 20.12.1993, p. 18.(6) OJ L 328, 30.12.1995, p. 31. Regulation as last amended by Regulation (EC) No 1595/97.


title: Council Decision 2012/174/CFSP of 23 March 2012 amending Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast

text:
               27.3.2012

               EN

               Official Journal of the European Union

               L 89/69

         COUNCIL DECISION 2012/174/CFSP
   of 23 March 2012
   amending Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 10 November 2008, the Council adopted Joint Action 2008/851/CFSP (1).

               (2)

               On 8 December 2009, on 30 July 2010 and 7 December 2010 respectively, the Council adopted Decision 2009/907/CFSP (2), Decision 2010/437/CFSP (3) and Decision 2010/766/CFSP (4), amending Joint Action 2008/851/CFSP.

               (3)

               On 14 November 2011, the Council adopted the Strategic Framework for the Horn of Africa with the aim of developing a comprehensive approach towards the problems emanating from the Horn of Africa. The fight against piracy is part of this effort.

               (4)

               Acts of piracy and armed robbery on and off the Somali coast continue to threaten shipping in the area and especially the delivery of food aid to the Somali population by the World Food Programme and generate financial flows against which further efforts need to be undertaken.

               (5)

               The EU military operation referred to in Joint Action 2008/851/CFSP (‘Atalanta’) should be extended until 12 December 2014.

               (6)

               It is also necessary to lay down the financial reference amount intended to cover the common costs of Atalanta for the period from 13 December 2012 to 12 December 2014.

               (7)

               On 16 December 2008, the United Nations Security Council (UNSC) adopted Resolution 1851 (2008) on the situation in Somalia, authorising States and regional organisations cooperating in the fight against piracy and armed robbery at sea off the coast of Somalia for which advance notification has been provided by the Somali Transitional Federal Government (TFG) to the United Nations Secretary-General to undertake all necessary measures that are appropriate in Somalia for the purpose of suppressing acts of piracy and armed robbery at sea, provided that any such measures shall be undertaken consistent with applicable international humanitarian and human rights law.

               (8)

               On 22 November 2011, the UNSC adopted Resolution 2020 (2011) renewing the authorisations set out in paragraph 10 of Resolution 1846 (2008) and paragraph 6 of Resolution 1851 (2008).

               (9)

               By letter of 20 February 2012 the EU made an offer of extended cooperation to the TFG, complementing its offer made by letter of 30 October 2008.

               (10)

               The TFG notified the United Nations Secretary-General by letter of 1 March 2012 of the offer made by the EU, in conformity with paragraph 6 of UNSC Resolution 1851 (2008) and paragraph 9 of UNSC Resolution 2020 (2011).

               (11)

               It is necessary to extend the area of operations of Atalanta to include Somali internal waters and Somali land territory.

               (12)

               It is also necessary to set out the conditions under which suspects arrested and detained in the internal or territorial waters of States other than Somalia may be transferred.

               (13)

               Joint Action 2008/851/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Joint Action 2008/851/CFSP is hereby amended as follows:

               (1)

               Article 1 is replaced by the following:
               ‘Article 1
               Mission
               1.   The European Union (EU) shall conduct a military operation in support of Resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1846 (2008) and 1851 (2008) of the United Nations Security Council (UNSC), in a manner consistent with action permitted with respect to piracy under Article 100 et seq. of the United Nations Convention on the Law of the Sea signed in Montego Bay on 10 December 1982 (hereinafter referred to as “the United Nations Convention on the Law of the Sea”) and by means, in particular, of commitments made with third States (“Atalanta”) in order to contribute to:

                           —

                           the protection of vessels of the WFP delivering food aid to displaced persons in Somalia, in accordance with the mandate laid down in UNSC Resolution 1814 (2008), and

                           —

                           the protection of vulnerable vessels cruising off the Somali coast, and the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast, in accordance with the mandate laid down in UNSC Resolutions 1846 (2008) and 1851 (2008).

                     2.   The area of operations of the forces deployed to that end shall consist of the Somali coastal territory and internal waters, and the maritime areas off the coasts of Somalia and neighbouring countries within the region of the Indian Ocean, in accordance with the political objective of an EU maritime operation, as defined in the crisis management concept approved by the Council on 5 August 2008.
               3.   In addition, Atalanta shall contribute to the monitoring of fishing activities off the coast of Somalia.’;

               (2)

               Article 2 is amended as follows:

                           (a)

                           point (a) is replaced by the following:

                                       ‘(a)

                                       provide protection to vessels chartered by the WFP, including by means of the presence on board those vessels of armed units of Atalanta, including when sailing in Somalia’s territorial and internal waters;’;

                           (b)

                           point (c) is replaced by the following:

                                       ‘(c)

                                       keep watch over areas off the Somali coast, including Somalia’s territorial and internal waters, in which there are dangers to maritime activities, in particular to maritime traffic;’;

                           (c)

                           point (f) is replaced by the following:

                                       ‘(f)

                                       liaise with organisations and entities, as well as States, working in the region to combat acts of piracy and armed robbery off the Somali coast, in particular the “Combined Task Force 151” maritime force which operates within the framework of “Operation Enduring Freedom”;’;

               (3)

               Article 12 is replaced by the following:
               ‘Article 12
               Transfer of persons arrested and detained with a view to their prosecution
               1.   On the basis of Somalia’s acceptance of the exercise of jurisdiction by Member States or by third States, on the one hand, and Article 105 of the United Nations Convention on the Law of the Sea, on the other hand, persons suspected of intending, as referred to in Articles 101 and 103 of the United Nations Convention of the Law of the Sea, to commit, committing or having committed acts of piracy or armed robbery in Somalia’s territorial or internal waters or on the high seas, who are arrested and detained, with a view to their prosecution, and property used to carry out such acts, shall be transferred:

                           —

                           to the competent authorities of the Member State or of the third State participating in the operation, of which the vessel which took them captive flies the flag, or

                           —

                           if that State cannot, or does not wish to, exercise its jurisdiction, to a Member State or any third State which wishes to exercise its jurisdiction over the aforementioned persons and property.

                     2.   Persons suspected of intending, as referred to in Articles 101 and 103 of the United Nations Convention of the Law of the Sea, to commit, committing or having committed acts of piracy or armed robbery who are arrested and detained, with a view to their prosecution, by Atalanta in the territorial waters, the internal waters or the archipelagic waters of other States in the region in agreement with these States, and property used to carry out such acts, may be transferred to the competent authorities of the State concerned, or, with the consent of the State concerned, to the competent authorities of another State.
               3.   No persons referred to in paragraphs 1 and 2 may be transferred to a third State unless the conditions for the transfer have been agreed with that third State in a manner consistent with relevant international law, notably international law on human rights, in order to guarantee in particular that no one shall be subjected to the death penalty, to torture or to any cruel, inhuman or degrading treatment.’;

               (4)

               in Article 14 the following paragraph is added:
               ‘3.   The financial reference amount for the common costs of the EU military operation for the period from 13 December 2012 until 12 December 2014 shall be EUR 14 900 000. The percentage of the reference amount referred to in Article 25(1) of Council Decision 2011/871/CFSP shall be 0 %.’;

               (5)

               Article 16(3) is replaced by the following:
               ‘3.   The EU military operation shall terminate on 12 December 2014.’.

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

      Done at Brussels, 23 March 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 301, 12.11.2008, p. 33.

      (2)  OJ L 322, 9.12.2009, p. 27.

      (3)  OJ L 210, 11.8.2010, p. 33.

      (4)  OJ L 327, 11.12.2010, p. 49.


title: Council Decision 2005/495/CFSP of 13 June 2005 concerning the conclusion of an Agreement between the European Union and Ukraine establishing a framework for the participation of Ukraine in the European Union crisis management operations

text:
               13.7.2005

               EN

               Official Journal of the European Union

               L 182/28

         COUNCIL DECISION 2005/495/CFSP
   of 13 June 2005
   concerning the conclusion of an Agreement between the European Union and Ukraine establishing a framework for the participation of Ukraine in the European Union crisis management operations
   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)

               Conditions regarding the participation of third States in EU crisis management operations should be laid down in an Agreement establishing a framework for such possible future participation, rather than defining these conditions on a case-by-case basis for each operation concerned.

               (2)

               Following authorisation by the Council on 23 February 2004, the Presidency, assisted by the Secretary-General/High Representative, negotiated an Agreement between the European Union and Ukraine establishing a framework for the participation of Ukraine in the European Union crisis management operations.

               (3)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and Ukraine establishing a framework for the participation of Ukraine in the European Union crisis management operations 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 June 2005.

            For the Council

            The President

         J. ASSELBORN

   AGREEMENT
   between the European Union and Ukraine establishing a framework for the participation of Ukraine in the European Union crisis management operations
   THE EUROPEAN UNION,
   of the one part, and
   UKRAINE
   of the other part,
   hereinafter referred to as the ‘Parties’,
   Whereas:

               (1)

               The European Union (EU) may decide to take action in the field of crisis management, including peacekeeping.

               (2)

               The European Council at Seville on 21 and 22 June 2002 has agreed arrangements for consultation and cooperation between the European Union and Ukraine on crisis management.

               (3)

               The European Union will decide whether third States will be invited to participate in an EU crisis management operation. Ukraine may accept the invitation by the European Union and offer its contribution. In such case, the European Union will decide on the acceptance of the proposed contribution of Ukraine.

               (4)

               General conditions regarding the participation of Ukraine in the EU civilian and military crisis management operations should be laid down in this Agreement establishing a framework for such possible future participation, rather than defining these conditions on a case-by-case basis for each operation concerned. Additional implementation arrangements should be concluded for each operation concerned as provided in Article 13 of this Agreement.

               (5)

               The Agreement should be without prejudice to the decision-making autonomy of the European Union, and should not prejudge the case-by-case nature of the decisions of Ukraine to participate in an EU crisis management operation, in accordance with its legislation.

               (6)

               The Agreement should only address future EU crisis management operations and should be without prejudice to possible existing agreements regulating the participation of Ukraine in an already deployed EU crisis management operation.

         HAVE AGREED AS FOLLOWS:
   SECTION I
   GENERAL PROVISIONS
   Article 1
   Decisions relating to participation
   1.   Following the decision of the European Union to invite Ukraine to participate in an EU crisis management operation, and once Ukraine has decided to participate, Ukraine shall provide information on its proposed contribution to the European Union.
   2.   The assessment by the European Union of Ukraine’s contribution shall be conducted in consultation with Ukraine.
   3.   The European Union will provide Ukraine with an early indication of likely contribution to the common costs of the operation as soon as possible with a view to assisting Ukraine in the formulation of its offer.
   4.   The European Union shall communicate the outcome of the assessment to Ukraine by letter with a view to securing the participation of Ukraine in accordance with the provisions of this Agreement.
   Article 2
   Framework
   1.   Ukraine shall associate itself with the Joint Action by which the Council of the European Union decides that the EU will conduct the crisis management operation, and with any Joint Action or Decision by which the Council of the European Union decides to extend the EU crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The contribution of Ukraine to an EU crisis management operation is without prejudice to the decision-making autonomy of the European Union.
   Article 3
   Status of personnel and forces
   1.   The status of personnel seconded to an EU civilian crisis management operation and/or of the forces contributed to an EU military crisis management operation by Ukraine shall be governed by the agreement on the status of forces/mission, if available, concluded between the European Union and the State(s) in which the operation is conducted.
   2.   The status of personnel contributed to headquarters or command elements located outside the State(s) in which the EU crisis management operation takes place, shall be governed by arrangements between the headquarters and command elements concerned and Ukraine.
   3.   Without prejudice to the agreement on the status of forces/mission referred to in paragraph 1 of this Article, Ukraine shall exercise jurisdiction over its personnel participating in the EU crisis management operation.
   4.   Ukraine shall be responsible for answering any claims linked to participation in an EU crisis management operation, from or concerning any of its personnel. Ukraine shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel in accordance with its laws and regulations.
   5.   Ukraine undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis management operation in which Ukraine participates, and to do so when signing this Agreement. A model for such a declaration is annexed to this Agreement.
   6.   European Union Member States undertake to make a declaration as regards the waiver of claims, for any future participation of Ukraine in an EU crisis management operation, and to do so when signing this Agreement. A model for such a declaration is annexed to this Agreement.
   Article 4
   Classified information
   1.   Ukraine shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council’s security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations (1), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander concerning an EU military crisis management operation or by the EU Head of Mission concerning an EU civilian crisis management operation.
   2.   Where the EU and Ukraine have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of an EU crisis management operation.
   SECTION II
   GENERAL CONDITIONS ON PARTICIPATION IN CIVILIAN CRISIS MANAGEMENT OPERATIONS
   Article 5
   Personnel seconded to an EU civilian crisis management operation
   1.   Ukraine shall ensure that its personnel seconded to the EU civilian crisis management operation undertake their mission in conformity with:

               —

               the Joint Action and subsequent amendments as referred to in Article 2(1) of this Agreement,

               —

               the Operation Plan,

               —

               implementing measures.

         2.   Ukraine shall inform in due time the EU civilian crisis management operation Head of Mission and the General Secretariat of the Council of the European Union of any change to its contribution to the EU civilian crisis management operation.
   3.   Personnel seconded to the EU civilian crisis management operation shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from Ukraine. Personnel seconded to the EU civilian crisis management operation shall produce a copy of this certification.
   Article 6
   Chain of command
   1.   Personnel seconded by Ukraine shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis management operation in mind.
   2.   All personnel shall remain under the full command of their national authorities.
   3.   National authorities shall transfer operational control to the EU civilian crisis management operation Head of Mission, who shall exercise that command through a hierarchical structure of command and control.
   4.   The Head of Mission shall lead the EU civilian crisis management operation and assume its day-to-day management.
   5.   Ukraine shall have the same rights and obligations in terms of day-to-day management of the operation as European Union Member States taking part in the operation, in accordance with the legal instruments referred to in Article 2(1) of this Agreement.
   6.   The EU civilian crisis management operation Head of Mission shall be responsible for disciplinary control over EU civilian crisis management operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.
   7.   A National Contingent Point of Contact (NPC) shall be appointed by Ukraine to represent its national contingent in the operation. The NPC shall report to the EU civilian crisis management operation Head of Mission on national matters and shall be responsible for day-to-day contingent discipline.
   8.   The decision to end the operation shall be taken by the European Union, following consultation with Ukraine, provided that Ukraine is still contributing to the EU civilian crisis management operation at the date of termination of the operation.
   Article 7
   Financial aspects
   1.   Ukraine shall assume all the costs associated with its participation in the operation apart from the costs, which are subject to common funding, as set out in the operational budget of the operation. This shall be without prejudice to Article 8.
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, Ukraine shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on status of mission, if available, as referred to in Article 3(1) of this Agreement.
   Article 8
   Contribution to operational budget
   1.   Ukraine shall contribute to the financing of the operational budget of the EU civilian crisis management operation.
   2.   The financial contribution of Ukraine to the operational budget shall be the lower amount of the following two alternatives:

               (a)

               that share of the reference amount which is in proportion to the ratio of its GNI to the total of the GNIs of all States contributing to the operational budget of the operation; or

               (b)

               that share of the reference amount for the operational budget which is in proportion to the ratio of the number of its personnel participating in the operation to the total number of personnel of all States participating in the operation.

         3.   Notwithstanding paragraphs 1 and 2, Ukraine shall not make any contribution towards the financing of per diem allowances paid to personnel of the European Union Member States.
   4.   Notwithstanding paragraph 1, the European Union shall, in principle, exempt third States from financial contributions to a particular EU civilian crisis management operation when:

               (a)

               the European Union decides that the third State participating in the operation provides a significant contribution which is essential for this operation; or

               (b)

               the third State participating in the operation has a GNI per capita which does not exceed that of any Member State of the European Union.

         5.   An arrangement on the practical modalities of the payment shall be signed between the EU civilian crisis management operation Head of Mission and the relevant administrative services of Ukraine on the contributions of Ukraine to the operational budget of the EU civilian crisis management operation. This arrangement shall, inter alia, include the following provisions:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution;

               (c)

               the auditing procedure.

         SECTION III
   GENERAL CONDITIONS ON PARTICIPATION IN MILITARY CRISIS MANAGEMENT OPERATIONS
   Article 9
   Participation in the EU military crisis management operation
   1.   Ukraine shall ensure that its forces and personnel participating in the EU military crisis management operation undertake their mission in conformity with:

               —

               the Joint Action and subsequent amendments as referred to in Article 2(1) of this Agreement,

               —

               the Operation Plan,

               —

               implementing measures.

         2.   Personnel seconded by Ukraine shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.
   3.   Ukraine shall inform the EU Operation Commander in due time of any change to its participation in the operation.
   Article 10
   Chain of command
   1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.
   2.   National authorities shall transfer the Operational and Tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his authority.
   3.   Ukraine shall have the same rights and obligations in terms of the day-to-day management, of the operation as participating European Union Member States.
   4.   The EU Operation Commander may, following consultations with Ukraine, at any time request the withdrawal of Ukraine’s contribution.
   5.   A Senior Military Representative (SMR) shall be appointed by Ukraine to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.
   Article 11
   Financial aspects
   1.   Without prejudice to Article 12, Ukraine shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 2(1) of this Agreement, as well as in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications (2).
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, Ukraine shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on status of forces, if available, as referred to in Article 3(1) of this Agreement.
   Article 12
   Contribution to the common costs
   1.   Ukraine shall contribute to the financing of the common costs of the EU military crisis management operation as defined in the Council Decision mentioned in Article 11.
   2.   The financial contribution of Ukraine to the common costs shall be the lower amount of the following two alternatives:

               (a)

               that share of the reference amount for the common costs which is in proportion to the ratio of its GNI to the total of the GNIs of all States contributing to the common costs of the operation; or

               (b)

               that share of the reference amount for the common costs which is in proportion to the ratio of the number of its personnel participating in the operation to the total number of personnel of all States participating in the operation.

         In calculating 2(b), where Ukraine contributes personnel only to the Operation or Force Headquarters, the ratio used shall be that of its personnel to that of the total number of the respective headquarters personnel. Otherwise, the ratio shall be that of all personnel contributed by Ukraine to that of the total personnel of the operation.
   3.   Notwithstanding paragraph 1, the European Union shall, in principle, exempt third States from financial contributions to the common costs of a particular EU military crisis management operation when:

               (a)

               the European Union decides that the third State participating in the operation provides a significant contribution to assets and/or capabilities which are essential for this operation; or

               (b)

               the third State participating in the operation has a GNI per capita which does not exceed that of any Member State of the European Union.

         4.   An arrangement shall be concluded between the Administrator provided for in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications, and the competent administrative authorities of Ukraine. This arrangement shall include, inter alia, provisions on:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution;

               (c)

               the auditing procedure.

         SECTION IV
   FINAL PROVISIONS
   Article 13
   Arrangements to implement the Agreement
   Without prejudice to the provisions of Articles 8(5) and 12(4), any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary General of the Council of the European Union, High Representative for the Common Foreign and Security Policy, and the appropriate authorities of Ukraine.
   Article 14
   Non-compliance
   Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.
   Article 15
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 16
   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 subject to review not later than 1 June 2008, and subsequently at least every three years.
   3.   This Agreement may be amended on the basis of mutual written agreement between the Parties.
   4.   This Agreement may be denounced by one Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party.

      Done at Luxembourg, on 13 June 2005, in the English language in four copies.

            For the European Union

            For Ukraine

      (1)  OJ L 101, 11.4.2001, p. 1. Decision as amended by Decision 2004/194/EC (OJ L 63, 28.2.2004, p. 48).

      (2)  OJ L 63, 28.2.2004, p. 68. Decision as last amended by Decision 2005/68/CFSP (OJ L 27, 29.1.2005, p. 59).
   ANNEX
   TEXT OF DECLARATIONS
   DECLARATION BY THE EU MEMBER STATES
   The EU Member States applying an EU Joint Action on an EU crisis management operation in which Ukraine participates will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against Ukraine for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel from Ukraine in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by Ukraine, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from Ukraine using those assets.

         DECLARATION BY UKRAINE
   Ukraine applying an EU Joint Action on an EU crisis management operation will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

               —

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

               —

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


Avis juridique important

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31993D0377

93/377/EEC: Commission Decision of 22 June 1993 terminating the proceeding to review anti-dumping measures applicable to certain imports of gas-fuelled, non-refillable pocket flint lighters originating in the People's Republic of China

Official Journal L 158 , 30/06/1993 P. 0043 - 0045

COMMISSION DECISION of 22 June 1993 terminating the proceeding to review anti-dumping measures applicable to certain imports of gas-fuelled, non-refillable pocket flint lighters originating in the People's Republic of China(93/377/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Articles 9 and 14 thereof,  After consultation within the Advisory Committee as provided for under the above Regulation,  Whereas:  A . PREVIOUS PROCEDURE  (1) By Regulation (EEC) No 3433/91 (2), the Council imposed a definitive anti-dumping duty on imports of gas-fuelled of gas-fuelled, non-refillable pocket flint lighters falling within CD code ex 9613 10 00 and originating, inter  alia, in the People's Republic of China. The rate applicable to products originating from that country was set at 16,9 %.  B. REVIEW  (2) In January, the Commission received submissions from Policity Industrial Ltd, Capital Industries Ltd and Gladstrong Investments Ltd (companies incorporated in Hong Kong and participants in joint-venture manufacturing operations in the  People's Republic of China) and from Sanshui Huafa Industry &  Chemcials Co., Ltd (a company introducing itself as being located in the People's Republic of China), manufacturers of the product in question, stating their intention to export the product  concerned from China to the Community in the near future and requesting the establishing of individual anti-dumping duty rates for their exports.  Those companies provided, on request, evidence that they did not export the product concerned to the Community during the period covered by the previous investigation into dumping (calendar year 1989), and that they were not related to or associated  with the Chinese export branches or other Chinese manufacturers of this product for which dumping was found during the original investigation period. One of the companies started exporting to the Community after the end of the investigation period.  (3) By a notice published on 11 March 1992 (3) the Community, after consultation within the Advisory Committee and in accordance with Article 14 of Regulation (EEC) No 2423/88, initiated a review of Regulation (EEC) No 3433/91 in so far as it concerned  imports of pocket flint lighters originating in the People's Republic of China.  (4) Accordingly, the Commission officially advised the exporters and importers known to be concerend, as well as the representatives of the exporting country. It sent questionnaires to the parties directly concerend and gave them the opportunity to make  known their views in writing and to request a hearing.  (5) Neither Policity Industrial Ltd, one of the exporters having requested the review, nor four producers in China, alleged to be potential exporters to the Community, replied to the questionnaire sent to them by the Commission. The other three  companies having requested the review, as well as three Chinese producers related to them, replied to the questionnaire.  (6) One of the companies having solicited the review requested and was granted a hearing. The Commission informed all the companies having cooperated in the review proceeding of the results of the investigation and the Commission's considerations in  this respect. The Commission also granted these companies a period within which to submit further comments and their comments were taken into consideration where appropriate.  (7) The investigation period for the review was calendar year 1991.  C. RESULTS OF THE INVESTIGATION  (8) The Commission considered it necessary to examine whether the exporters having requested the review are companies which are independent of the Chinese State in reaching their business decisions. This would  distinguish the exporters from those exporters subject of the original investigation and would entitle them to individual treatment.  According to the consistent practice of the Community with regard to exports from a non-market economy country, that individual treatment is appropriate only in exceptional cases where the producer concerned has shown that its business decisions are  taken independently of the State authorities. In this connection, the sole fact that a company has the status of a joint venture, with a shareholding by a foreign investor, has not as such been considered sufficient by the Community to justify  individual treatment.  Indeed, individual dumping margins or anti-dumping duties are inappropriate when the State, through any form of control on the exporters concerned, can take advantage of differentiation of the anti-dumping duty and thus undermine the effectiveness of  the measures taken.  In examining whether this requirement is met, the Commission found the following:  1. Policity Industrial Ltd, Hong Kong (9) Neither Policity Industrial Ltd, Hong Kong, nor its allegedly relate company in China, Dongguan Poly Action Plastics &  Metal Mfg Co Ltd, submitted any information concerning their business activities to the Commission. It could not therefore be  established whether the Chinese company operated outside the influence of the State authorities. No evidence of changed circumstances could therefore be found.  2. Capital Line Industries Ltd, Hong Kong (10) From the information made available to the Commission by the company, it appeared that Capital Line Industries Ltd, Hong Kong, holds 30 % of the capital of the Chinese producer Dong Guan Lighter Factory, the remaining 70 % of shares being owned by  Chinese State-owned companies.  (11) The fact that State-owned companies have the majority shareholding in the Chinese manufacturer of lighters led the Commission to conclude that the Dong Guan Lighter Factory could not be considered an independent company operating outside the  influence of the State authorities.  3. Gladstrong Investments Ltd, Hong Kong (12) From the data submitted by the company, it appeared that Gladstrong Investments Ltd, Hong Kong, is a participent in four joint-venture manufacturing operations in the People's Republic of China. While Gladstrong holds directly or indirectly a  maximum of 40 % of the capital of those companies, it appeared that the remaining capital (at least 60 %), was controlled by companies in which State authorities held the majority of shares.  (13) The Commission therefore considered that none of the four Chinese producers with which Gladstrong Investments Ltd, Hong Kong, was associated could be considered an independent company free of State control.  4. Sanshui Huafa Industry &  Chemicals Co., Ltd, Hong Kong (14) From the information made available to the Commission by the company, it appeared that Sanshui Huafa Industry &  Chemicals Co., Ltd is in fact located in Hong Kong and is 50 % and is 50 % owned by a Hong Kong company and 50 % by a company which  itself is 100 % owned by the State of the People's Republic of China.  The supplier of Sanshui Huafa Industry &  Chemicals Co., Ltd, Hong Kong, is a producer in China called 'Guang Dong Sanshui Huafa Industry &  Chemicals Co., Ltd' whose stock is shared equally (50-50) between the same companies which own Sanshui Huafa  Industry &  Chemicals Co., Ltd, Hong Kong.  (15) The fact that Guang Dong Sanshui Huafa Industry &  Chemicals Co., Ltd is 50 % owned by a State controlled company in China means that the State authorities are able to block the business decisions of the company and thus exercise a significant  degree of control.  5. Conclusion (16) For the reasons given above, no individual treatment can be granted to any of the Chinese companies involved in the review.  (17) One company submitted an offer of undertaking. However, since individual treatment is not appropriate for that company, the offer could not be considered.  D. TERMINATION OF REVIEW PROCEEDING  (18) In those circumstances, the proceeding to review the definitive anti-dumping duty applicable to certain imports of gas-fuelled, non-refillable pocket flint lighters originating in the People's Republic of China  should be terminated without any change to the measures in force.  (19) No objections to this course of action were raised in the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Sole Article  The proceeding to review anti-dumping measures under Regulation (EEC) No 3433/91 in respect of certain imports of gas-fuelled, non-refillable pocket flint lighters falling within CN code ex 9613 10 00 and originating in the People's  Republic of China, is hereby terminated.  Done at Brussels, 22 June 1993.  For the Commission Leon BRITTAN Member of the Commission (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No L 326, 28. 11. 1991, p. 1.  (3) OJ No C 62, 11. 3. 1992, p. 2.


title: Decision (EU) 2017/1400 of the European Parliament of 4 July 2017 extending by an additional period the term of office of the Committee of Inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to money laundering, tax avoidance and tax evasion

text:
               29.7.2017

               EN

               Official Journal of the European Union

               L 199/12

         DECISION (EU) 2017/1400 OF THE EUROPEAN PARLIAMENT
   of 4 July 2017
   extending by an additional period the term of office of the Committee of Inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to money laundering, tax avoidance and tax evasion
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the proposal by the Conference of Presidents,

               —

               having regard to Article 226 of the Treaty on the Functioning of the European Union,

               —

               having regard to Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament's right of inquiry (1),

               —

               having regard to its Decision (EU) 2016/1021 of 8 June 2016 on setting up a Committee of Inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to money laundering, tax avoidance and tax evasion, its powers, numerical strength and term of office (2),

               —

               having regard to its Decision (EU) 2017/846 of 16 March 2017 extending the term of office of the Committee of Inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to money laundering, tax avoidance and tax evasion (3),

               —

               having regard to Rule 198(11) of its Rules of Procedure,

               A.

               whereas the Committee of Inquiry requested an extension of its term of office in order to enable it to implement its mandate fully and appropriately, taking into account the number of documents yet to be examined, the analyses commissioned, and the stakeholders to be heard;

               1.

               Decides to extend by an additional period of 3 months the term of office of the Committee of Inquiry.

            For the European Parliament

            The President

         A. TAJANI

      (1)  OJ L 113, 19.5.1995, p. 1.

      (2)  OJ L 166, 24.6.2016, p. 10.

      (3)  OJ L 125, 18.5.2017, p. 34.


title: 2009/582/EC: Commission Decision of 29 July 2009 on the financing of special emergency measures to protect the Community from rabies

text:
               30.7.2009

               EN

               Official Journal of the European Union

               L 198/85

      COMMISSION DECISION

   of 29 July 2009
   on the financing of special emergency measures to protect the Community from rabies
   (2009/582/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Article 6(2) thereof,
   Whereas:

               (1)

               Decision 90/424/EEC provides that where a Member State is directly threatened by the occurrence or development, in the territory of a third country, of a disease listed in the Annex to that Decision, any measure appropriate to the situation may be adopted, including the granting of a financial contribution by the Community towards the measures deemed particularly necessary for the success of the actions undertaken.

               (2)

               Rabies is an animal disease that mainly affects wild and domestic carnivores and has serious public health implications. Rabies is listed in the Annex to Decision 90/424/EEC.

               (3)

               In recent years, Community co-financed programmes for the oral immunisation of wild carnivores which are the reservoir of the disease have resulted in a very favourable situation in most Member States with drastic reduction of the cases in wild and domestic animals and the disappearance of human cases.

               (4)

               The territory of the Kaliningrad Region, an exclave of Russia surrounded by EU territory, is adjacent to Member States that are making their final efforts towards complete eradication of the disease.

               (5)

               Lithuania and Poland informed the Commission that the presence of sylvatic rabies in the Kaliningrad region now poses a direct threat to the successful conclusion of their rabies eradication programmes.

               (6)

               Urgent action is necessary in the Kaliningrad region so that incursions of disease from its territory do not further endanger the progress made as regards human and animal health in the neighbouring Member States.

               (7)

               A special measure is necessary to prevent continuing re-infection of neighbouring Member States from Kaliningrad. Given the relative size of the territory of Kaliningrad, it is more appropriate and cost efficient to assist the efforts towards the elimination of rabies in Kaliningrad than to put in place a vaccination buffer zone in the territory of the neighbouring Member States which would have to be maintained indefinitely.

               (8)

               Under Article 110 of Council Regulation (EC, Euratom) No 1605/2002 (2), grants are subject to an annual programme. That annual work programme shall be implemented through the publication of calls for proposals, save in duly substantiated exceptional cases of urgency. Under Article 168(1)(b) of the detailed rules for the implementation of Regulation (EC, Euratom) No 1605/2002 determined by Commission Regulation (EC, Euratom) No 2342/2002 (3), the Commission can decide to award grants without a call for proposals in exceptional and duly substantiated emergencies.

               (9)

               On 21 October 2008 Russia has submitted to the Commission a programme for the elimination of rabies from Kaliningrad region and that programme was found to be acceptable as regards the objective of protecting the Community against rabies. The actions foreseen in that programme are essential for the protection of Community interest and it is therefore appropriate that certain measures receive Community financing. A Community financial contribution should therefore be granted in 2009 for the implementation of that programme.

               (10)

               The present Decision constitutes a financing Decision within the meaning of Article 75 of Regulation (EC, Euratom) No 1605/2002, Article 90 of the detailed rules for the implementation of Regulation (EC, Euratom) No 1605/2002, and Article 15 of the Internal Rules on the Implementation of the general budget of the European Communities (4).

               (11)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The 36-month rabies elimination plan in the Kaliningrad Region (‘rabies elimination programme’) submitted by Russia is hereby approved.
   2.   The action under this Decision shall cover the following specific operations:

               —

               purchase of the vaccine baits for the oral immunisation of wild carnivores,

               —

               distribution in the territory of the Kaliningrad region of the vaccine baits referred in the preceding point.

         Article 2
   The maximum contribution of the Community is set at EUR 1 800 000 to be financed from budget line 17 04 03 01 of the general budget of the European Communities for 2009.
   Article 3
   1.   The award of an individual grant to the Veterinary and state veterinary inspection service of the Kaliningrad region of the Russian Federation (Служба ветеринарии и госветинспекции Калининградской области) is authorised.
   2.   The activities covered by this Decision may be financed up to 100 % of the corresponding eligible costs, provided that part of the total costs of the action is borne by the Veterinary and state veterinary inspection service of the Kaliningrad region of the Russian Federation (Служба ветеринарии и госветинспекции Калининградской области) or by contributions other than the Community contribution.

      Done at Brussels, 29 July 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 224, 18.8.1990, p. 19.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 357, 31.12.2002, p. 1.

      (4)  Commission Decision of 6 April 2009 (C(2009) 2105).