title: Council Decision 2012/698/CFSP of 13 November 2012 on the establishment of a warehouse for civilian crisis management missions

text:
               14.11.2012

               EN

               Official Journal of the European Union

               L 314/25

         COUNCIL DECISION 2012/698/CFSP
   of 13 November 2012
   on the establishment of a warehouse for civilian crisis management missions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 26, Article 42(4) and Article 43(2) thereof,
   Whereas:

               (1)

               In December 2004, the Council approved the Civilian Headline Goal (CHG) 2008, in which it stated that the Union should be able to take the decision to launch a mission within 5 days of the approval of the Crisis Management Concept by the Council and that specific civilian capabilities of the European Security and Defence Policy (ESDP) should be deployable within 30 days of the decision to launch the mission.

               (2)

               Upon the approval of the CHG 2008, further political impetus to address civilian rapid deployment was provided by the Council’s adoption of the CHG 2010 in November 2007 and by its Declaration on strengthening capabilities, endorsed by the European Council in December 2008.

               (3)

               To ensure rapid deployment capability in a sustainable and cost-efficient manner, the establishment of a warehouse for civilian crisis management missions is needed. A study has confirmed the feasibility of warehousing as an effective tool for establishing the means of rapid deployment of physical assets required by civilian crisis management missions.

               (4)

               In January 2010, a temporary solution for the storage of assets required for civilian crisis management missions was found by storing surplus equipment within the premises of the European Union Police Mission in Bosnia and Herzegovina. At the moment, assets which allow 200 staff to deploy in a new mission are also stored within those premises. However, due to the temporary nature of this arrangement, a longer term solution needs to be found.

               (5)

               In accordance with the chain of command in civilian crisis management missions, the Civilian Operation Commander, in cooperation with the Commission, needs to be able to ensure that the rapid deployment needs and operational requirements of the civilian crisis management missions are met.

               (6)

               To that end, the Council emphasised in its Conclusions on ESDP of 17 November 2009 that a permanent capacity to store new and existing strategic material is a vital resource to ensure rapid deployment of equipment to new and existing missions, as well as ensuring sound financial management. Such a warehouse should be established through a procurement procedure resulting in a contract between the Commission and the warehouse operator. The Commission has prepared appropriate terms of reference for the procurement procedure, in cooperation with the European External Action Service (EEAS),

         HAS ADOPTED THIS DECISION:
   Article 1
   Objectives
   1.   For the purposes of ensuring the rapid deployment of equipment to existing and future civilian crisis management missions, the Union shall strengthen its capabilities, in particular by seeking to ensure quick and continuous access to key assets.
   2.   To that end, the Union shall take appropriate measures to improve the deployment and functioning of its ongoing and future civilian crisis management missions through the establishment of a warehouse with a capacity to store new and used equipment for such missions.
   Article 2
   Establishment of a warehouse
   1.   For the purposes set out in Article 1, a warehouse shall be established. It shall be located in a Member State and shall operate in accordance with the contract and the terms of reference referred to in paragraph 2.
   2.   The Commission shall conclude a contract, including terms of reference, with a warehouse operator to be selected in accordance with the applicable procurement procedures and in close coordination with the EEAS.
   Article 3
   Implementation
   1.   The High Representative of the Union for Foreign Affairs and Security Policy (High Representative) shall be responsible for the implementation of this Decision.
   2.   Detailed arrangements for the implementation of this Decision, including the terms of reference for the warehouse, shall be agreed between the Commission and the Civilian Operation Commander. Such arrangements shall be without prejudice to the respective roles of the Commission and the Civilian Operation Commander in civilian crisis management missions. In particular, the Civilian Operation Commander shall have access to the warehouse to exercise technical and operational oversight in order to ensure the deployment capability and the proper functioning of civilian crisis management missions. The Civilian Operation Commander shall also assess the technical suitability of used assets for storage and future use, and inform on the need to refresh and roll over stocks.
   Article 4
   Financial arrangements
   1.   The financial reference amount for the implementation of this Decision for the duration of the contract referred to in Article 2(2) shall be EUR 4 312 234.
   2.   The expenditure financed by the amount referred to in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the Union, including the principle of sound financial management.
   Article 5
   Reporting
   1.   The High Representative shall report to the Council on the implementation of this Decision twice a year.
   2.   The Commission shall provide the Council with information on the financial aspects of the functioning of the warehouse.
   Article 6
   Review
   This Decision shall be reviewed by the end of 2014. This review shall assess the utility, effectiveness and cost-efficiency of the warehouse in the context of other mechanisms for the management of assets for civilian crisis management operations.
   Article 7
   Entry into force
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 13 November 2012.

            For the Council

            The President

         V. SHIARLY


title: 2014/410/EU: Council Decision of 24 June 2014 on the launch of automated data exchange with regard to DNA data in Belgium

text:
               28.6.2014

               EN

               Official Journal of the European Union

               L 190/80

         COUNCIL DECISION
   of 24 June 2014
   on the launch of automated data exchange with regard to DNA data in Belgium

      (2014/410/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 2(3) and Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               Belgium has informed the General Secretariat of the Council of the national DNA analysis files to which Articles 2 to 6 of Decision 2008/615/JHA apply and the conditions for automated searching as referred to in Article 3(1) of that Decision in accordance with Article 36(2) of that Decision.

               (5)

               According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (6)

               Belgium has completed the questionnaire on data protection and the questionnaire on DNA data exchange.

               (7)

               A successful pilot run has been carried out by Belgium with the Netherlands.

               (8)

               An evaluation visit has taken place in Belgium and a report on the evaluation visit has been produced by the Dutch evaluation team and forwarded to the relevant Council Working Group.

               (9)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning DNA data exchange has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching and comparison of DNA data, Belgium has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Articles 3 and 4 of that Decision as from the day of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 24 June 2014.

            For the Council

            The President

         E. VENIZELOS

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


Avis juridique important

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31998D0638

98/638/EC: Council Decision of 5 October 1998 relating to the conclusion of a 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 Slovak 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 306 , 16/11/1998 P. 0001 - 0002

COUNCIL DECISION of 5 October 1998 relating to the conclusion of a 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 Slovak 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 (98/638/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),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 Slovak 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 Slovak 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 Slovak 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.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, 5 October 1998.For the CouncilThe PresidentW. SCHÜSSEL(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 of 29 March 2010 appointing the Greek members and alternate members of the Advisory Committee on Safety and Health at Work

text:
               12.5.2010

               EN

               Official Journal of the European Union

               C 123/1

         COUNCIL DECISION
   of 29 March 2010
   appointing the Greek members and alternate members of the Advisory Committee on Safety and Health at Work
   2010/C 123/01
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2003/C 218/01 of 22 July 2003 on the setting up of an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,
   Having regard to the list of candidates submitted to the Council by the Governments of the Member States,
   Whereas:

               (1)

               In its Decision of 16 February 2010 (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2010 until 28 February 2013, except for certain members and alternate members, including the Greek members and alternate members for the employers’ organisation categories.

               (2)

               The Greek Government has proposed candidates for the vacant seats,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following are hereby appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2013:
   I.   EMPLOYERS’ REPRESENTATIVES

               Members

               Alternates

               Mr Pavlos KYRIAKOGGONAS

               Ms Natassa AVLONITOU
               Mr Christos KAVALOPOULOS

      Done at Brussels, 29 March 2010.

            For the Council

            The President

         E. ESPINOSA

      (1)  OJ C 218, 13.9.2003, p. 1.

      (2)  OJ L 45, 22.2.2010, p. 5.


title: 2011/539/CFSP: Political and Security Committee Decision EUMM Georgia/2/2011 of 14 September 2011 extending the mandate of the Head of Mission of the European Union Monitoring Mission in Georgia, EUMM Georgia

text:
               15.9.2011

               EN

               Official Journal of the European Union

               L 238/32

         POLITICAL AND SECURITY COMMITTEE DECISION EUMM GEORGIA/2/2011
   of 14 September 2011
   extending the mandate of the Head of Mission of the European Union Monitoring Mission in Georgia, EUMM Georgia
   (2011/539/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Joint Action 2008/736/CFSP of 15 September 2008 on the European Union Monitoring Mission in Georgia, EUMM Georgia (1), and in particular Article 10(1) thereof,
   Whereas:

               (1)

               On 15 September 2008 the Council adopted Joint Action 2008/736/CFSP establishing the European Union Monitoring Mission in Georgia, EUMM Georgia (‘EUMM Georgia’).

               (2)

               On 1 July 2011, upon a proposal from High Representative of the Union for Foreign Affairs and Security Policy, the Political and Security Committee (‘PSC’) adopted Decision EUMM/1/2011 (2) appointing Mr Andrzej TYSZKIEWICZ as Head of Mission of EUMM Georgia until 14 September 2011.

               (3)

               Pursuant to Article 10(1) of Council Decision 2010/452/CFSP (3), the PSC is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of EUMM Georgia, including the decision to appoint a Head of Mission,

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Mr Andrzej TYSZKIEWICZ as Head of Mission of the European Union Monitoring Mission in Georgia, EUMM Georgia is hereby extended until 14 September 2012.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 14 September 2011.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 248, 17.9.2008, p. 26.

      (2)  OJ L 175, 2.7.2011, p. 27.

      (3)  OJ L 213, 13.8.2010, p. 43.


title: 2010/673/EU: Decision of the European Central Bank of 2 November 2010 amending Decision ECB/2007/7 concerning the terms and conditions of TARGET2-ECB (ECB/2010/19)

text:
               6.11.2010

               EN

               Official Journal of the European Union

               L 290/53

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 2 November 2010
   amending Decision ECB/2007/7 concerning the terms and conditions of TARGET2-ECB
   (ECB/2010/19)
   (2010/673/EU)
   THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.6 and Articles 17, 22 and 23 thereof,
   Having regard to Guideline ECB/2007/2 of 26 April 2007 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (1),
   Having regard to Decision ECB/2007/7 of 24 July 2007 concerning the terms and conditions of TARGET2-ECB (2),
   Whereas:

               (1)

               On 15 September 2010, the Governing Council of the European Central Bank (ECB) adopted Guideline ECB/2010/12 amending Guideline ECB/2007/2 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (3), inter alia: (a) to take into account the updates for TARGET2 release 4.0, in particular to allow participants to access one or more PM accounts using Internet-based access; and (b) to reflect a number of technical changes following the entry into force of the Treaty on the Functioning of the European Union and clarify a few issues.

               (2)

               It is necessary to make conforming amendments to Decision ECB/2007/7, in order to implement certain of the elements of Guideline ECB/2010/12 in the terms and conditions of TARGET2-ECB,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendment of the terms and conditions of TARGET2-ECB
   The Annex to Decision ECB/2007/7 which contains the terms and conditions of TARGET2-ECB shall be amended in accordance with the Annex to this Decision.
   Article 2
   Entry into force
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 2 November 2010.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 237, 8.9.2007, p. 1.

      (2)  OJ L 237, 8.9.2007, p. 71.

      (3)  OJ L 261, 5.10.2010, p. 6.

      ANNEX
      The terms and conditions of TARGET2-ECB shall be amended as follows:

                  1.

                  Article 1 is amended as follows:

                              (a)

                              the following definitions are replaced:

                                          ‘—

                                          “addressable BIC holder” means an entity which: (a) holds a Business Identifier Code (BIC); (b) is not recognised as an indirect participant; and (c) is a correspondent or customer of a direct participant or a branch of a direct or indirect participant, and is able to submit payment orders to and receive payments from a TARGET2 component system via the direct participant,’

                                          ‘—

                                          “credit institution” means either: (a) a credit institution within the meaning of §1 (1) of the KWG that is subject to supervision by a competent authority; or (b) another credit institution within the meaning of Article 123(2) of the Treaty on the Functioning of the European Union that is subject to scrutiny of a standard comparable to supervision by a competent authority,’

                                          ‘—

                                          “public sector body” means an entity within the “public sector”, the latter term as defined in Article 3 of Council Regulation (EC) No 3603/93 of 13 December 1993 specifying definitions for the application of the prohibitions referred to in Articles 104 and 104b(1) of the Treaty (1),

                              (b)

                                          ‘—

                                          “Bank Identifier Code (BIC)” means a code as defined by ISO Standard No 9362,’

                                    is replaced by the following:

                                          ‘—

                                          “Business Identifier Code (BIC)” means a code as defined by ISO Standard No 9362,’;

                              (c)

                              in the definition ‘technical malfunction of TARGET2’, the full stop is replaced by a comma;

                              (d)

                              the following definition is added:

                                          ‘—

                                          “User Detailed Functional Specifications (UDFS)” means the most up-to-date version of the UDFS, which is the technical documentation that details how a participant interacts with TARGET2.’.

                  2.

                  Article 28(2) is amended as follows:

                              (a)

                              in point (d) the words ‘and/or’ are deleted and are added to point (e);

                              (b)

                              the following point (f) is added:

                                          ‘(f)

                                          the ECB suspends or terminates the participant’s access to intraday credit pursuant to paragraph 12 of Annex III to Guideline ECB/2007/2.’.

                  3.

                  In Article 32(2), the term ‘Community’ is replaced by the term ‘Union’.

                  4.

                  Article 33(1) is replaced by the following:
                  ‘1.   Participants shall be deemed to be aware of, and shall comply with, all obligations on them relating to legislation on data protection, prevention of money laundering, the financing of terrorism, proliferation-sensitive nuclear activities and the development of nuclear weapons delivery systems, in particular in terms of implementing appropriate measures concerning any payments debited or credited on their PM accounts. Participants shall also acquaint themselves with the network service provider’s data retrieval policy prior to entering into the contractual relationship with the network service provider.’.

                  5.

                  In Article 34(1), the term ‘SWIFT’ is replaced by the term ‘BIC’.

                  6.

                  Article 38(2) is replaced by the following:
                  ‘2.   Without prejudice to the competence of the Court of Justice of the European Union, any dispute arising from a matter relating to the relationship referred to in paragraph 1 falls under the exclusive competence of the courts of Frankfurt am Main.’.

                  7.

                  In Appendix I, the last three rows of the table in paragraph 2(1) are replaced by the following:

                              ‘MT 900

                              Optional

                              Confirmation of Debit/Credit line change

                              MT 910

                              Optional

                              Confirmation of Credit/Credit line change

                              MT 940/950

                              Optional

                              (Customer) Statement Message’

                  8.

                  In Appendix V, the last row of the table in paragraph 3 is replaced by the following:

                              ‘1.00 — 7.00

                              Settlement procedure of night-time ancillary system operations (only for ancillary system settlement procedure 6)’

         (1)  OJ L 332, 31.12.1993, p. 1.’;


title: 2004/907/EC: Commission Decision of 27 December 2004 concerning the financial contribution by the Community towards the organisation of an international seminar on animal welfare in the context of the EC-Chile Agreement on Sanitary and Phytosanitary measures applicable to trade in animals and animal products, plants, plant products and other goods and animal welfare

text:
               28.12.2004

               EN

               Official Journal of the European Union

               L 381/80

      COMMISSION DECISION

   of 27 December 2004
   concerning the financial contribution by the Community towards the organisation of an international seminar on animal welfare in the context of the EC-Chile Agreement on Sanitary and Phytosanitary measures applicable to trade in animals and animal products, plants, plant products and other goods and animal welfare
   (2004/907/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 20 thereof,
   Whereas:

               (1)

               The EC-Chile Agreement on Sanitary and Phytosanitary measures applicable to trade in animals and animal products, plants, plant products and other goods and animal welfare (hereafter referred to as the Agreement) includes, given the importance of animal welfare and its relation with veterinary matters, the aim of developing animal welfare standards and to examine such standards taking into account the development in the competent international standards organisations. As per Appendix IC to the Agreement, it shall apply in particular to the development of animal welfare standards concerning the stunning and slaughter of animals.

               (2)

               The specific working group on animal welfare established by the Agreement’s Joint Management Committee concluded in order to better achieve its objectives, it would be helpful to exchange information on scientific expertise and to establish active contacts between scientists from the two Parties.

               (3)

               An international seminar on animal welfare is being organised in Santiago, Chile, in November 2004 by the Chilean Ministry of Agriculture and the Delegation of the European Commission to Chile to assist with the Agreement’s objective on reaching a common understanding between the Parties concerning animal welfare standards.

               (4)

               Pursuant to Decision 90/424/EEC the Community is to undertake the technical and scientific measures necessary for the development of Community veterinary legislation and for the development of veterinary education or training.

               (5)

               In line with the Community’s obligation to pay full regard to the welfare requirements of animals in formulating and implementing the Community’s policies, and the Agreement’s aim of reaching a common understanding between the Parties concerning animal welfare standards for the protection of animals, it is appropriate that the Community should support the organisation of this seminar, the outcome of which will assist in the further development of Community veterinary legislation and veterinary education or training on this issue.

               (6)

               With a view to the further development of veterinary education or training in the field of animal welfare, it is appropriate that the Community should assist with communicating and disseminating the outcome of the seminar, including covering the costs of the publication and dissemination of the scientific proceedings of the seminar, to be organised in the framework of an open call for offers.

               (7)

               It is appropriate that the disbursement of such financial support should be coordinated by the Delegation of the European Commission to Chile, one of the joint organisers of the seminar.

               (8)

               The financial resources necessary for the Community to support the organisation of this seminar should therefore be engaged and granted subject to the planned seminar having been efficiently carried out.

               (9)

               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:
   Sole Article
   The action to support the organisation of an international seminar on animal welfare in the context of the EC-Chile Agreement on Sanitary and Phytosanitary measures applicable to trade in animals and animal products, plants, plant products and other goods and animal welfare, to be financed from budget line 17.4.02 of the budget of the European Union for 2004 to a maximum amount of EUR 35 000, is hereby approved. In particular the Community’s financing of the costs of publishing and disseminating the scientific proceedings of the seminar shall not exceed EUR 35 000 in total.

      Done at Brussels, 27 December 2004.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 (OJ L 325, 12.12.2003, p. 31).


Avis juridique important

|

31993D0138

93/138/Euratom, EEC: Council Decision of 2 March 1993 appointing a member of the Economic and Social Committee

Official Journal L 056 , 09/03/1993 P. 0038 - 0038

COUNCIL DECISION of 2 March 1993 appointing a member of the Economic and Social Committee(93/138/Euratom, EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 193 to 195 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,  Having regard to the Convention on certain Institutions common to the European Communities, and in particular Article 5 thereof,  Having regard to the Council Decision of 24 September 1990 appointing the members of the Economic and Social Committee for the period ending on 20 September 1994 (1),  Whereas a seat has become vacant on the Economic and Social Committee following the resignation of Mr Lambros Kanellopoulos, notified to the Council on 17 March 1992;  Having regard to the nominations submitted by the Greek Government on 20 October 1992,  Having obtained the opinion of the Commission of the European Communities,  HAS DECIDED AS FOLLOWS:  Sole Article  Mr Georgios Raftapoulos is hereby appointed member of the Economic and Social Committee in place of Mr Lambros Kanellopoulos for the remainder of the latter's term of office, which runs until 20 September 1994.  Done at Brussels, 2 March 1993.  For the Council The President J. TROEJBORG (1) OJ No L 290, 23. 10. 1990, p. 13.


title: 78/352/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 20 March 1978 establishing supervision for imports of certain products originating in Sweden (1978)

text:
14 . 4 . 78                                   Official Journal of the European Communities                           No L 102/37
                                                                DECISION
                  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
                  OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE
                                                                COUNCIL,
                                                            of 20 March 1978
                     establishing supervision for imports of certain products originating in Sweden ( 1978 )
                                                              (78 /352/ECSC)
THE REPRESENTATIVES OF THE GOVERNMENTS OF                                The Member States shall periodically inform the Com
THE MEMBER STATES OF THE EUROPEAN COAL AND                              mission of imports effected in accordance with the
STEEL COMMUNITY, MEETING WITHIN THE COUN                                above rules; such information shall be supplied under
CIL,                                                                     the conditions laid down in paragraph 4 .
                                                                        3 . As soon as the ceilings have been reached, the
In agreement with the Commission,                                       Member States may, at the request of one of them or of
                                                                        the Commission , reimpose, until the end of the calendar
                                                                        year, each in respect of its own territory, the customs
HAVE DECIDED AS FOLLOWS :                                               duties applicable to third countries, adjusted, where
                                                                        appropriate, by the percentages laid down in Article 2
                                                                         (e) of Protocol 1 to the Agreement referred to in para
                              Article 1                                 graph 1 .
 1 . Imports of certain products originating in Sweden
and indicated in Articles 1 and 2 of Protocol 1 to the                  Within the framework of the provisions of the first
Agreement between the Member States of the European                     subparagraph, the Commission shall coordinate the
Coal and Steel Community and the European Coal and                      procedures for reintroducing customs duties applicable
Steel Community, of the one part, and the Kingdom of                    to third countries, in particular, by notifying the date
Sweden, of the other part, shall be subject to annual                   common to the whole of the Community and directly
indicative ceilings and to Community supervision from                   applicable in each Member State. This notification shall
1 January to 31 December 1978 .                                         be published in the Official Journal of the European
                                                                        Communities.
The description of the products referred to in the pre
ceding subparagraph, their tariff headings and statistic
numbers and the levels of the indicative ceilings are                   4 . Member States shall forward to the Commission, not
given in Council Regulation (EEC) No 703 /78 of 20                      later than the 15th day of each month , statements of the
March 1978 establishing indicative ceilings and Com                    amounts set off during the preceding month . They shall,
munity supervision for imports of certain products                      if the Commission so requests, make up such statements
originating in Sweden (*).                                              for periods of 10 days and forward them within five
                                                                        clear days of expiry of the preceding 10-day period.
2 . Amounts shall be set off against the indicative ceil
ings as and when the goods are entered with customs
authorities for home use and are accompanied by a
movement certificate conforming to the rules contained                                           Article 2
in the Agreement referred to in paragraph 1 .
Goods shall be set off against the indicative ceiling only               1 . Imports of products originating in Sweden which are
if the movement certificate has been submitted before
                                                                        mentioned in Articles 1 and 2 of Protocol 1 to the
the date on which customs duties are reimposed.                         Agreement and indicated in Annex II to Regulation
                                                                         ( EEC) No 703 /78 , shall be subject to Community
The reaching of a ceiling shall be determined at Com                   supervision .
munity level on the basis of imports set off against it in
the manner defined in the preceding subparagraph.
                                                                        2 . Member States shall forward to the Commission, not
                                                                        later than the 15th day of each month, statements of
                                                                        imports of the products in question effected during the
( :l ) See page 25 of this Official Journal .                           preceding month ; only products submitted to the cus
 ---pagebreak--- No L 102/38                          Official Journal of the European Communities                             14 . 4 . 78
toms authorities under cover of an entry for home use                                 Article 4
and accompanied by a movement certificate conforming
to the rules contained in Protocol 3 to the Agreement          The Member States shall take all measures required to
shall be taken into consideration for this purpose.            implement this Decision.
                         Article 3                              Done at Brussels, 20 March 1978 .
For the implementation of this Decision the Member                                              The President
States shall take all necessary measures in close cooper
ation with the Commission .                                                                     K. HEINESEN


title: Commission Decision of 18 June 2013 on setting up the Commission expert group on cloud computing contracts

text:
               20.6.2013

               EN

               Official Journal of the European Union

               C 174/6

         COMMISSION DECISION
   of 18 June 2013
   on setting up the Commission expert group on cloud computing contracts
   2013/C 174/04
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               On 27 September 2012, the Commission adopted a Communication to the European Parliament, the Council, the European Social and Economic Committee and the Committee of the Regions on ‘Unleashing the Potential of Cloud Computing in Europe’ (1). In the Communication the Commission underlines its aim of enabling and facilitating faster adoption of cloud computing throughout all sectors of the economy which can cut costs of information and communication technologies, and when combined with new digital business practices, can boost productivity, growth and jobs.

               (2)

               Among other actions announced in the Communication, the Commission intends to work towards safe and fair contract terms and conditions for cloud computing contracts. This work responds to stakeholder concerns relating to cloud computing contracts. On the one hand, providers of cloud computing services indicated that the complexity and uncertainty relating to the existing legal framework make cross-border activity more difficult. On the other hand, although existing Union legislation protects consumers using cloud computing services, consumers are often unaware of their rights and are not informed by the provider in a sufficiently clear and unambiguous manner about the contractual conditions. Furthermore, representatives of consumers and small and medium-sized enterprises indicated that vague and unbalanced cloud computing contracts make them reluctant to take up cloud computing services. The Commission also intends to work on personal data protection aspects relevant to cloud computing contracts.

               (3)

               User concerns relate among others to issues in cloud computing contracts such as direct and indirect liability and its possible limitations for instance for security breaches, data integrity, confidentiality or service continuity, remedies for service failures such as downtime or loss of data, unilateral modifications of the contract made by the provider after the conclusion of the contract, termination of the contract and its effects, including the issue of data preservation.

               (4)

               The Commission intends to facilitate an improvement of the contractual arrangements between cloud computing service providers and consumers and small firms. The intended outcome is to build trust and facilitate the uptake and development of cloud computing services in the Union, considering their significant economic potential. It also intends to facilitate the application of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (2) to the extent that it is relevant to cloud computing contracts.

               (5)

               The Commission intends to facilitate stakeholder agreement promoting the use of safe and fair terms and conditions in cloud computing contracts between cloud computing service providers and consumers and small firms. The Commission should work towards this goal with the active involvement of stakeholders drawing on their expertise and experience in the cloud computing sector. For this purpose, the Commission considers it appropriate to set up a group of experts on cloud computing contracts between cloud computing service providers and consumers and small firms. The tasks of the group shall be complementary to the work of the Commission on model terms for cloud computing service level agreements for contracts between cloud providers and professional users.

               (6)

               The Commission has already addressed contract law-related problems which affect the confidence of consumers and businesses in the digital single market by the proposal for a regulation of the European Parliament and of the Council on a Common European Sales Law (3). The proposal includes rules on the supply of ‘digital content’, which cover some aspects of cloud computing. The group should help to carry out complementary work on safe and fair contract terms and conditions for consumers and small firms for those cloud-related issues that lie beyond the scope of the Common European Sales Law.

               (7)

               The group should include stakeholders, practitioners and organisations representing cloud services providers and customers, in particular consumers and small firms as well as representatives of legal professions or academics who have expertise in cloud computing contracts and in personal data protection aspects relevant to cloud computing contracts. The group may also include a limited number of specialists in the area of cloud computing contract law acting in their personal capacity. It should help identify best practices relating to cloud computing contracts and work towards ensuring that terms and conditions in cloud computing contracts are safe and fair.

               (8)

               Rules on disclosure of information by members of the group of experts should be laid down.

               (9)

               Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data.

               (10)

               It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Commission expert group on cloud computing contracts
   The group of experts ‘Commission expert group on cloud computing contracts’, hereinafter referred to as ‘the group’, is hereby set up.
   Article 2
   Tasks
   The group shall assist the Commission in the identification of safe and fair contract terms and conditions for cloud computing services for consumers and small firms. The group shall take into account existing best market practices in contract terms and conditions in cloud computing contracts, as well as the relevant provisions of Directive 95/46/EC.
   Article 3
   Consultation
   The Commission may consult the group on any matter relating to contracts for cloud computing services for consumers and small firms.
   Article 4
   Membership — Appointment
   1.   The group shall be composed of up to 30 members.
   2.   Members shall be:

               (a)

               individuals appointed in a personal capacity;

               (b)

               individuals representing a common interest — such as the interest of providers and customers of cloud computing services or legal practitioners;

               (c)

               organisations of cloud services providers, customers or legal practitioners.

         3.   Members appointed in a personal capacity shall be appointed by the Director-General of Directorate-General for Justice from specialists or academics with a specific knowledge in the areas referred to in Articles 2 and 3 who have responded to a call for applications. They shall act independently and sign an undertaking to act in the public interest and a declaration indicating the absence of any conflict of interest.
   Individuals appointed to represent a common interest shall not represent an individual stakeholder. They shall be appointed by the Director-General of Directorate-General for Justice from stakeholders with competence in the areas referred to in Articles 2 and 3 who have responded to a call for applications and made a commitment to contribute to the work of the group.
   Organisations shall be appointed by the Director-General of Directorate-General for Justice from organisations of stakeholders in the areas referred to in Articles 2 and 3 who have responded to a call for applications. They shall nominate their representatives.
   4.   Members who are no longer capable of contributing effectively to the group’s deliberations, who resign or who do no longer comply with the conditions set out in paragraph 3 of this Article or Article 339 of the Treaty may be replaced for the remainder of their term of office.
   5.   The names of members shall be published in the Register of Commission expert groups and other similar entities (‘the Register’). For individuals representing a common interest, the stakeholder interest represented shall be indicated.
   6.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   7.   Members of the group shall be appointed for the full period of application of this Decision.
   Article 5
   Operation
   1.   The group shall be chaired by a representative of the Commission.
   2.   The representative of the Commission may set up sub-groups for the purpose of examining specific issues related to cloud computing contracts for consumers and small firms, in particular regarding the implementation of provisions of Directive 95/46/EC with a relevance to cloud computing contracts. Such subgroups shall be dissolved as soon as their mandates are fulfilled.
   3.   The representative of the Commission may invite experts who are not members of the group with specific competence in a subject to participate in the work of the group. In addition, the representative of the Commission may give observer status to individuals, organisations as defined in Rule 8(3) of the horizontal rules on expert groups and candidate countries (4).
   4.   Members of the group and their representatives as well as invited experts and observers shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (5). Should they fail to respect these obligations, the Commission may take all appropriate measures.
   5.   The group and its subgroups shall meet on Commission premises. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its subgroups.
   6.   The Commission publishes all relevant documents on the activities of the group (such as agendas, minutes and participants’ submissions) either by including it in the Register or via a link from the Register to a dedicated website.
   Exceptions to publication should be foreseen where disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (6).
   Any results or rights to them, including copyright and other intellectual or industrial property rights which arise from the activities of the group, shall be owned solely by the Union, which may use, publish, assign or transfer them as it sees fit, without geographical or other limitation, except where industrial or intellectual property rights exist (‘pre-existing rights’) prior to the work in the group being entered into where any such pre-existing rights have been declared in writing to the Commission in advance of the performance of any of the activities of the group.
   Article 6
   Meeting expenses
   1.   Participants in the activities of the group shall not be remunerated for the services they render.
   2.   The Commission shall reimburse travel expenses and, where appropriate, subsistence expenses incurred by participants in connection with the activities of the group in accordance with the Commission's rules on the compensation of external experts.
   3.   Meeting expenses shall be reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services.
   Article 7
   Applicability
   1.   The Decision shall apply until 1 July 2016. The Commission may decide on a possible extension before that date.

      Done at Brussels, 18 June 2013.

            For the Commission

         Viviane REDING

            Vice-President

      (1)  COM(2012) 529 final.

      (2)  OJ L 281, 23.11.1995, p. 31.

      (3)  COM(2011) 635 final.

      (4)  http://ec.europa.eu/transparency/regexpert/PDF/SEC_2010_EN.pdf

      (5)  OJ L 317, 3.12.2001, p. 1.

      (6)  OJ L 145, 31.5.2001, p. 43.


title: Decision of the Bureau of the European Parliament of 29 March 2004 laying down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the Regulations governing political parties at European level and the rules regarding their funding

text:
               12.6.2004

               EN

               Official Journal of the European Union

               C 155/1

         DECISION OF THE BUREAU OF THE EUROPEAN PARLIAMENT
   of 29 March 2004
   laying down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the Regulations governing political parties at European level and the rules regarding their funding
   (2004/C 155/01)
   THE BUREAU,
   Having regard to the Treaty establishing the European Community, and in particular Article 191 thereof,
   Having regard to Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding (1),
   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) (hereinafter the Financial Regulation), Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (3) (hereinafter the regulation laying down detailed implementing rules), and Commission Regulation (EC) No 2909/2000 of 29 December 2000 on the accounting management of the European Communities' non-financial fixed assets (4),
   Having regard to Rule 22(10) of Parliament's Rules of Procedure,
   Whereas:

               (1)

               There is a need to lay down the procedures for awarding and managing grants intended to contribute to the funding of political parties at European level.

               (2)

               Financial support for political parties at European level constitutes a grant within the meaning of Article 108 et seq. of the Financial Regulation,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject-matter
   These rules lay down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding.
   Article 2
   Call for proposals
   The European Parliament shall publish each year, before the end of the first half of the year, a call for proposals with a view to the awarding of grants to fund political parties at European level. The published document shall set out the eligibility criteria, the arrangements for the provision of Community funding and the proposed timetable for the award procedure.
   Article 3
   Funding application
   1.   For the purposes of implementing Article 4 of Regulation (EC) No 2004/2003, any political party at European level wishing to receive a grant from the general budget of the European Union shall submit a written application to the President of the European Parliament prior to the 15 November preceding the financial year in respect of which the grant is being requested. The conditions laid down in Article 3 of Regulation (EC) No 2004/2003 must be met on the date when the application is submitted.
   2.   The grant application form is annexed to these rules (Annex 1). It is available on Parliament's Internet site.
   3.   All notifications pursuant to Article 4(3) of Regulation (EC) No 2004/2003 shall be forwarded to the President of the European Parliament.
   Article 4
   Decision on the funding application
   1.   On a proposal from the Secretary-General, the Bureau shall assess funding applications on the basis of the criteria laid down in Articles 3 and 4 of Regulation (EC) No 2004/2003 with a view to determining which applications are eligible for funding. The Bureau and, when the Bureau decision is being prepared, the Secretary-General may ask an applicant to submit further supporting documents or to clarify the supporting documents attached to the application, by a deadline which they shall lay down.
   2.   Before 15 February of the financial year in respect of which the grant is being requested, the Bureau shall draw up the list of beneficiaries and the amounts of the grants awarded. Should a grant application not be approved, the Bureau shall set out in the same decision the grounds for rejecting the application, in particular in the light of the criteria laid down in Articles 3 and 4 of Regulation (EC) No 2004/2003.
   The Bureau decision shall be adopted on the basis of the assessment provided for in paragraph 1. It shall take account of any changes which have occurred in an applicant's situation following submission of the application, on the basis of notifications received pursuant to Article 4(3) of Regulation (EC) No 2004/2003 and changes which are common knowledge.
   3.   The President shall inform applicants in writing of the action taken on their applications. In cases where an application has been approved, the notification shall incorporate, as an annex, the draft grant award agreement to be signed by the beneficiary. In cases where an application has not been approved, the notification shall include the grounds for rejection set out by the Bureau. Applicants whose applications have been rejected by the Bureau shall be informed of that fact within 15 calendar days following notification to beneficiaries of the decision to award a grant.
   Article 5
   Grant award agreement
   A grant awarded to a political party at European level shall be the subject of a written agreement between the European Parliament, represented by the President or his or her delegate, and the beneficiary. A copy of the grant award agreement is annexed to these rules (Annex 2). The agreement must be duly completed and signed by the two parties within 30 days following the Bureau decision referred to in Article 4. The wording of the grant award agreement shall not be thereafter amended.
   Article 6
   Payment
   1.   Grants shall be paid to political parties at European level in the form of pre-financing in two instalments:

               (a)

               not more than 50 % of the maximum amount of the grant laid down in Article I.3.2 of the grant award agreement, to be paid within 15 days following the signing of that agreement;

               (b)

               a second instalment, bringing the total pre-financing to no more than 80 % of the maximum amount of the grant laid down in Article I.3.2 of the grant award agreement, to be paid to the beneficiary at its request.

         2.   The balance shall be paid once the period of eligibility for Community funding has come to an end, on the basis of the expenditure actually incurred by the beneficiary in implementing the programme of activities. If the total amount of the preceding payments exceeds the figure determined for the final grant, the European Parliament shall recover the sums unduly paid.
   3.   At the latest within six months following the end of the financial year, the beneficiary must submit the following documents with a view to enabling Parliament to pay the balance of the grant:

               —

               a final report on the implementation of the programme of activities,

               —

               a final financial statement of the eligible expenditure actually incurred, based on the structure of the provisional budget,

               —

               a comprehensive summary of revenue and expenditure corresponding to the beneficiary's accounts for the period of eligibility covered by the grant award agreement,

               —

               a report on an external audit of the beneficiary's accounts carried out by an independent body or expert authorised under national law to audit accounts.

         4.   The purpose of the external audit shall be to certify that the financial documents submitted by the beneficiary to Parliament are consistent with the financial provisions of the grant award agreement, that the expenditure declared was actually incurred, that the statement of revenue is exhaustive, and that the obligations arising out of Articles 6, 7, 8 and 10(2) of Regulation (EC) No 2004/2003 have been met.
   5.   Upon receipt of the documents referred to in paragraph 3, and within two months, the Bureau, acting on a proposal from the Secretary-General, shall approve the final report on the implementation of the programme of activities and the final financial statement.
   The Bureau may ask the beneficiary to supply supporting documents or any further information it regards as necessary to enable it to approve the final report and the final financial statement. The beneficiary shall have 15 days in which to submit the supporting documents concerned.
   After hearing the representatives of the political party concerned, the Bureau may reject the final report and the final financial statement and call for the submission of a fresh report and a fresh financial statement. The beneficiary shall have 15 days in which to submit a fresh report and a fresh financial statement.
   Should Parliament not respond in writing within the two-month period referred to above, the final report and the final financial statement shall be deemed to have been approved.
   6.   The beneficiary shall notify Parliament of the amount of interest or equivalent benefits generated by the pre-financing received from Parliament. The notification must be forwarded with the application for payment of the balance which settles the pre-financing procedure. That interest shall be the subject of a recovery order issued by the Secretary-General or his delegate.
   Article 7
   Determining the final grant
   1.   Irrespective of the information obtained subsequently in connection with the checks and audits, after hearing the representatives of the political party making the request to be heard, the Bureau shall determine the amount of the final grant to be awarded to the beneficiary on the basis of the documents referred to in Article 6(3) which it has approved.
   2.   Under no circumstances may the total amount paid to the beneficiary by Parliament exceed:

               —

               the maximum amount of the grant laid down in Article I.3.2 of the grant award agreement,

               —

               75 % of the eligible expenditure actually incurred.

         3.   The grant shall be limited to the amount needed to balance revenue and eligible expenditure in the operating budget of the beneficiary which implemented the programme of activities and under no circumstances shall it produce a profit for the beneficiary, pursuant to Article 165 of the regulation laying down detailed implementing rules. Any surplus shall give rise to a corresponding reduction in the amount of the grant.
   4.   On the basis of the amount of the final grant determined in this way and the cumulative amount of the payments previously made under the grant award agreement, the Bureau shall lay down the amount of the balance to be paid, which shall be equal to the amounts still due to the beneficiary. If the cumulative amount of the payments previously made exceeds the amount of the final grant, the Secretary-General or his delegate shall issue a recovery order in respect of the excess amount.
   Article 8
   Suspension and reduction of the grant
   On a proposal from the Secretary-General, the Bureau shall suspend payments and reduce the grant, and, if appropriate, shall terminate the grant award agreement, and may request appropriate repayment,

               (a)

               in the event of the grant being used to cover expenditure not authorised by Regulation (EC) No 2004/2003;

               (b)

               in the event of failure to provide the notification laid down in Article 4(3) of Regulation (EC) No 2004/2003;

               (c)

               in the event of failure to meet the conditions and obligations laid down in Articles 3 and 6 respectively of Regulation (EC) No 2004/2003;

               (d)

               should one of the circumstances described in Article 93 or 94 of the Financial Regulation arise.

         Before taking a decision, the Bureau shall give the beneficiary the chance to comment on the irregularities established.
   Article 9
   Recovery
   1.   If amounts have been unduly paid to the beneficiary or if a recovery procedure is justified under the terms of the grant award agreement, the beneficiary shall repay the amounts concerned to Parliament, in accordance with the terms and by the deadline laid down by Parliament.
   2.   Should the beneficiary fail to make the repayment by the deadline laid down by Parliament, the latter shall charge on the sums due late-payment interest at the rate laid down in Article II.14.3 of the grant award agreement. The late-payment interest shall cover the period between the deadline laid down for repayment, exclusive, and the date on which Parliament receives full repayment of the sums due, inclusive.
   Article 10
   Checks and audits
   1.   The regular verification pursuant to Article 5(1) of Regulation (EC) No 2004/2003 shall be carried out by the Secretary-General.
   2.   The beneficiary shall supply all the detailed information requested to Parliament, or to any other external body authorised by Parliament, so that the latter can verify the proper implementation of the programme of activities and the provisions of the grant award agreement.
   3.   The beneficiary shall keep at Parliament's disposal all the original documents, in particular accounting, bank and tax documents, or, in duly substantiated exceptional cases, certified true copies of the original documents, relating to the grant award agreement for a period of five years from the date on which the balance of the amounts due, as referred to in Article I.4 of the grant award agreement, is paid.
   4.   The beneficiary shall facilitate the performance by Parliament, either directly by Parliament staff or by any other external body Parliament has authorised to that effect, of an audit of the way the grant has been used. Such audits may be carried out throughout the lifetime of the grant award agreement, up to the date on which the balance is paid, and for a period of five years as from the date on which the balance is paid. If appropriate, the audit findings may give rise to recovery decisions by the Bureau.
   5.   Each grant award agreement shall expressly provide for auditing by the European Parliament and the Court of Auditors, on the basis of records and on the spot, of the political party at European level which has received a grant from the general budget of the European Union.
   6.   Pursuant to Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (5), OLAF may also carry out checks and verifications on the spot, in accordance with the procedures laid down by Community law with a view to protecting the financial interests of the European Communities against fraud and other irregularities. If appropriate, the findings may give rise to recovery decisions by the Bureau.
   Article 11
   Technical assistance
   1.   On a proposal from the Secretary-General, the Bureau may grant political parties at European level technical assistance, in accordance with the Bureau decision of 14 March 2000 governing the use of Parliament's premises by outside bodies, as amended by the decision of 2 June 2003, and any other form of technical assistance provided for by subsequent rules. The Bureau may delegate to the Secretary-General the power to take certain types of decisions concerning the granting of technical assistance.
   2.   Each year, within three months following the end of the financial year, the Secretary-General shall submit to the Bureau a report setting out details of the technical assistance provided by Parliament to each political party at European level. The report shall then be published on Parliament's Internet site.
   Article 12
   Publicity
   Details of all the grants awarded by Parliament to political parties at European level during a given financial year shall be published on Parliament's Internet site during the first six months of the following financial year. Those details shall include:

               —

               the name and address of the beneficiary,

               —

               the purpose for which the grant was awarded,

               —

               the amount awarded and the proportion of the beneficiary's total operating budget covered by the funding.

         Article 13
   Right of appeal
   Decisions taken pursuant to these rules may be the subject of an appeal to the Court of Justice of the European Communities or the Court of First Instance of the European Communities, in accordance with the conditions laid down by the Treaty.
   Article 14
   Transitional rules for the financial year 2004
   1.   The date given in Article 3(1) of these rules shall be replaced by 23 July 2004 and the date given in Article 4(2) by 16 September 2004.
   2.   By way of derogation from Article 6(1) of these rules, a single pre-financing instalment of 80 % of the maximum amount of the grant laid down in Article I.3.2 of the grant award agreement shall be paid within 15 days following the signing of that agreement.
   Article 15
   Revision of the rules
   Before 30 September 2005 the Secretary-General of Parliament shall submit to the Bureau a report on the implementation of these rules. If appropriate, that report shall set out any proposed changes to be made to these rules and to the arrangements for funding European political parties as laid down by Regulation (EC) No 2004/2003.
   Article 16
   Entry into force
   These rules shall enter into force on the day following their publication in the Official Journal of the European Union.

      (1)  OJ L 297, 15.11.2003, p. 1.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 336, 30.12.2000, p. 75.

      (5)  OJ L 136, 31.5.1999, p. 1.
   ANNEX 1

   ANNEX 2


title: Council Decision (CFSP) 2016/475 of 31 March 2016 amending Decision 2013/183/CFSP concerning restrictive measures against the Democratic People's Republic of Korea

text:
               1.4.2016

               EN

               Official Journal of the European Union

               L 85/34

         COUNCIL DECISION (CFSP) 2016/475
   of 31 March 2016
   amending Decision 2013/183/CFSP concerning restrictive measures against the Democratic People's Republic of Korea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to Council Decision 2013/183/CFSP of 22 April 2013 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2010/800/CFSP (1) and in particular Article 19(2) thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 22 April 2013, the Council adopted Decision 2013/183/CFSP concerning restrictive measures against the Democratic People's Republic of Korea (DPRK).

               (2)

               The Korea National Insurance Corporation (KNIC) should be inserted in Annex II to Decision 2013/183/CFSP.

               (3)

               Limited derogations should be added concerning KNIC exclusively for payments to KNIC by EU persons or entities necessary for obtaining insurance services for their activities in DPRK. EU persons or entities should also be allowed to receive payments by KNIC to meet its liabilities arising from such services or in respect of damage caused within the territory of the EU. A provision allowing KNIC to make payments due under a contract prior to its designation should also be added.

               (4)

               The entries for six persons listed in Annex II should be amended.

               (5)

               The entry for one entity in Annex II should be deleted.

               (6)

               Decision 2013/183/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Council Decision 2013/183/CFSP is hereby amended as follows:

               (1)

               In Article 15 the following paragraph is added:
               ‘6.   With regard to Korea National Insurance Corporation (KNIC):

                           (a)

                           The relevant Member States may authorise the receipt by EU persons and entities of payments by KNIC provided that:

                                       (i)

                                       the payment is due:

                                                   —

                                                   in accordance with the provisions of a contract for insurance services provided by KNIC necessary for the activities of the EU person or entity in DPRK, or

                                                   —

                                                   in accordance with the provisions of a contract for insurance services provided by KNIC in respect of damage caused within the territory of the EU by any party to such contract;

                                       (ii)

                                       the payment is not directly or indirectly received by a person or entity referred to in paragraph 1; and

                                       (iii)

                                       the payment is not directly or indirectly related to activities prohibited under this Decision.

                           (b)

                           The relevant Member States may authorise EU persons and entities to make payments to KNIC exclusively for the purpose of obtaining insurance services necessary for the activities of such persons or entities in DPRK provided that those activities are not prohibited under this Decision.

                           (c)

                           No such authorisations shall be required for payments by or to KNIC which are necessary for the official purposes of a diplomatic or consular mission of a Member State in DPRK.

                           (d)

                           Paragraph 1 shall not prevent KNIC from making a payment due under a contract concluded before its listing, provided that the relevant Member State has determined that:

                                       (i)

                                       the contract is not related to any of the prohibited items, materials, equipment, goods, technologies, assistance, training, financial assistance, investment, brokering or services referred to in this Decision;

                                       (ii)

                                       the payment is not directly or indirectly received by a person or entity referred to in paragraph 1.

                     A Member State shall inform the other Member States and the Commission of any authorisation granted under this paragraph.’.

               (2)

               Annex II is amended as set out in the Annex to this Decision.

         Article 2
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 31 March 2016.

            For the Council

            The President

         A.G. KOENDERS

      (1)  OJ L 111, 23.4.2013, p. 52.

      ANNEX

                  II.

                  Persons and entities providing financial services that could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons-of-mass-destruction-related programmes.

                              (1)

                              The entries concerning the six persons listed below, as set out in Annex II to Decision 2013/183/CFSP, are replaced by the following entries:
                              ‘A.   Persons

                                          Name

                                          Identifying information

                                          Statement of Reasons

                                          4.

                                          KIM Il-Su

                                          Date of birth: 2.9.1965
                                          Place of birth: Pyongyang, DPRK

                                          Manager in the reinsurance department of Korea National Insurance Corporation (KNIC) based in the headquarters in Pyongyang and former authorised chief representative of KNIC in Hamburg, acting on behalf of KNIC or at its direction.

                                          5.

                                          KANG Song-Sam

                                          Date of birth: 5.7.1972
                                          Place of birth: Pyongyang, DPRK

                                          Former authorised representative of Korea National Insurance Corporation (KNIC) in Hamburg, continues to act for or on behalf of KNIC or at its direction.

                                          6.

                                          CHOE Chun-Sik

                                          Date of birth: 23.12.1963
                                          Place of birth: Pyongyang, DPRK
                                          Passport No 745132109
                                          Valid until 12.2.2020

                                          Director in the reinsurance department of Korea National Insurance Corporation (KNIC) based in the headquarters in Pyongyang acting on behalf of KNIC or at its direction.

                                          7.

                                          SIN Kyu-Nam

                                          Date of birth: 12.9.1972
                                          Place of birth: Pyongyang, DPRK
                                          Passport No. PO472132950

                                          Director in the reinsurance department of Korea National Insurance Corporation (KNIC) based in the headquarters in Pyongyang and former authorised representative of KNIC in Hamburg, acting on behalf of KNIC or at its direction.

                                          8.

                                          PAK Chun-San

                                          Date of birth: 18.12.1953
                                          Place of birth: Pyongyang, DPRK
                                          Passport No. PS472220097

                                          Director in the reinsurance department of Korea National Insurance Corporation (KNIC) based in the headquarters in Pyongyang at least until December 2015 and former authorised chief representative of KNIC in Hamburg, continues to act for or on behalf of KNIC or at its direction.

                                          9.

                                          SO Tong Myong

                                          Date of birth: 10.9.1956

                                          President of Korea National Insurance Corporation (KNIC), acting on behalf of KNIC or at its direction’

                              (2)

                              The entity listed below shall be deleted from the list set out in Annex II to Decision 2013/183/CFSP

                                          ‘5.

                                          Korea National Insurance Company (KNIC) GmbH (alias Korea Foreign Insurance Company)’.

                              (3)

                              The entity listed below shall be inserted in the list of entities subject to restrictive measures as set out in Annex II to Decision 2013/183/CFSP:
                              ‘B.   Entities

                                          Name
                                          (and possible aliases)

                                          Identifying information

                                          Reasons

                                          6.

                                          Korea National Insurance Corporation (KNIC) and its branch offices (a.k.a. Korea Foreign Insurance Company)

                                          Haebangsan-dong, Central District, Pyongyang, DPRK
                                          Rahlstedter Strasse 83 a, 22149 Hamburg.

                                                      Korea National Insurance Corporation of Alloway, Kidbrooke Park Road, Blackheath,

                                                      London SE3 0LW

                                          Korea National Insurance Corporation (KNIC), a State-owned and controlled company, is generating substantial foreign exchange revenue which could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons-of-mass-destruction-related programmes.
                                          Furthermore, the KNIC headquarters Pyongyang is linked to Office 39 of the Korean Worker's Party, a designated entity.’


Avis juridique important

|

32001D0221(01)

Council Decision of 29 January 2001 appointing two additional members of the Boards of Appeal of the Office for Harmonisation in the Internal Market (trade marks and designs)

Official Journal C 054 , 21/02/2001 P. 0001 - 0001

Council Decisionof 29 January 2001appointing two additional members of the Boards of Appeal of the Office for Harmonisation in the Internal Market (trade marks and designs)(2001/C 54/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark(1) and in particular Articles 120 and 131 thereof,Having regard to the candidatures presented by the Administrative Board of the Office for Harmonisation in the Internal Market (trade marks and designs) on 19 December 2000,HAS DECIDED AS FOLLOWS:Article 1David Thomas KEELING, born in Leek, United Kingdom on 25 November 1951 and Carlo Alexandre Werner RUSCONI, born in Geneva, Switzerland on 10 November 1956, are hereby appointed additional members of the Boards of Appeal of the Office for Harmonisation in the Internal Market (trade marks and designs) for a period of five years.Article 2The date on which the five-year period referred to in Article 1 will commence shall be determined by the Administrative Board of the Office for Harmonisation in the Internal Market (trade marks and designs).Done at Brussels, 29 January 2001.For the CouncilThe PresidentM. Winberg(1) OJ L 11, 14.1.1994, p. 1.


Avis juridique important

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32000D0244

2000/244/EC: Council Decision of 20 March 2000 amending Decision 97/787/EC providing exceptional financial assistance for Armenia and Georgia in order to extend it to Tajikistan

Official Journal L 077 , 28/03/2000 P. 0011 - 0012

Council Decisionof 20 March 2000amending Decision 97/787/EC providing exceptional financial assistance for Armenia and Georgia in order to extend it to Tajikistan(2000/244/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposals from the Commission,Having regard to the opinion of the European Parliament(1),Whereas:(1) Council Decision 97/787/EC provides exceptional financial assistance for Armenia and Georgia(2).(2) In parallel with its Decision to provide exceptional financial assistance for Armenia and Georgia, the Council agreed also to consider a similar operation for Tajikistan once circumstances allowed.(3) Tajikistan is undertaking fundamental political and economic reforms and is making substantial efforts to implement a market economy model.(4) In view of the initial results, particularly in terms of growth and control of inflation, these reforms should be continued with the primary aim of improving people's living conditions and creating jobs.(5) Trade, commercial and economic links are expected to develop between the Community and Tajikistan. Tajikistan is eligible for a Partnership and Cooperation Agreement with the European Communities and their Member States and has formally requested to benefit from such an agreement as soon as possible.(6) Tajikistan agreed with the International Monetary Fund (IMF) in June 1998 on a three-year enhanced structural adjustment facility.(7) The Tajik authorities have formally undertaken to settle fully their outstanding financial obligations towards the Community and Tajikistan secures a minimum servicing of outstanding Community claims.(8) The Tajik authorities have formally requested exceptional financial support from the Community.(9) Tajikistan is a low-income country and is facing particularly critical economic, social and political circumstances. This country is eligible for highly concessional loans from the World Bank and the IMF.(10) Concessional financial assistance from the Community in the form of a mix of a long-term loan and straight grants is an appropriate measure to help the beneficiary country at this critical juncture.(11) This assistance, both the loan and the grant component, is highly exceptional and therefore in no way constitutes a precedent.(12) The inclusion of a grant component in this assistance is without prejudice to the powers of the budgetary authority.(13) This assistance should be managed by the Commission.(14) The Commission is to ensure that financial assistance is used in accordance with the rules of budgetary control.(15) In implementing this Decision, the Commission will take due account of progress made in the Inter-Tajik peace process and, in particular, in the holding of elections under acceptable conditions.(16) The Commission consulted the Economic and Financial Committee before submitting its proposal.(17) The Treaty does not provide, for the adoption of this Decision, powers other than those of Article 308,HAS DECIDED AS FOLLOWS:Sole ArticleDecision 97/787/EC is hereby amended as follows:1. Article 1(1) to (3) shall be replaced by the following:"1. The Community shall make available to Armenia, Georgia and Tajikistan exceptional financial assistance, in the form of long-term loans and straight grants.2. The total loan component of this assistance shall amount to a maximum principal of EUR 245 million, with a maximum maturity of 15 years and a grace period of 10 years. To this end, the Commission shall be empowered to borrow, on behalf of the Community, the necessary resources that will be placed at the disposal of the beneficiary countries in the form of loans.3. The grant component of this assistance shall consist of an amount of up to EUR 130 million during the 1997 to 2004 period, with a maximum of EUR 24 million annually. The grants shall be made available in so far as the net debtor position of the beneficiary countries towards the Community has been reduced, as a rule, by at leat a similar amount."2. Article 3(1) shall be replaced by the following:"1. Subject to the provisions of Article 1(4) and Article 2, the total amount of the loan offered to each country shall be made available by the Commission in parallel with the first instalments of the grants. The remainder of the grant component of the assistance shall be made available by the Commission in successive instalments, subject to the same provisions."3. Article 5(2) shall be replaced by the following text:"2. Before 31 December 2004, the Council shall examine the application of this Decision to that date on the basis of a comprehensive report by the Commission, which shall also be submitted to the European Parliament."Done at Brussels, 20 March 2000.For the CouncilThe PresidentJ. Gama(1) Opinion delivered on 17 December 1999 (not yet published in the Official Journal).(2) OJ L 322, 25.11.1997, p. 37.


title: 2009/198/EC: Decision of the European Parliament of 22 April 2008 on the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/100

      DECISION OF THE EUROPEAN PARLIAMENT

   of 22 April 2008
   on the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2006
   (2009/198/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2006, together with the Foundation's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EEC) No 1365/75 of the Council of 26 May 1975 on the creation of a European Foundation for the improvement of living and working conditions (4), and in particular Article 16 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 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A6-0111/2008),

               1.

               Notes that the final annual accounts of European Foundation for the Improvement of Living and Working Conditions are as annexed to the Court of Auditors' report;

               2.

               Approves the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2006;

               3.

               Instructs its President to forward this Decision to the Director of the European Foundation for the Improvement of Living and Working Conditions, 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

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 261, 31.10.2007, p. 60.

      (2)  OJ C 309, 19.12.2007, p. 116.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 139, 30.5.1975, p. 1.

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


title: Council Decision (EU) 2015/1565 of 14 September 2015 on the approval, on behalf of the European Union, of the Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana

text:
               19.9.2015

               EN

               Official Journal of the European Union

               L 244/55

         COUNCIL DECISION (EU) 2015/1565
   of 14 September 2015
   on the approval, on behalf of the European Union, of the Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), in conjunction with Article 218(6)(a)(v) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               Subject to their compliance with the applicable legally binding Union acts on the conservation and management of fishery resources, fishing vessels flying the flag of the Bolivarian Republic of Venezuela have operated in Union waters in the exclusive economic zone off the coast of French Guiana for many decades.

               (2)

               The processing industry based in the French Guiana depends on the landings from those fishing vessels and therefore the continuity of those operations should be ensured.

               (3)

               This Decision should replace Council Decision 2012/19/EU (1) which was annulled by the judgement of the Court of Justice of 26 November 2014 (2) and the effects of which are being maintained until the entry into force of a new decision within a reasonable period of time. As the Declaration has already been notified to the Bolivarian Republic of Venezuela, there is no need for a new notification thereof,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Declaration addressed to the Bolivarian Republic of Venezuela on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of the French Guiana (hereinafter ‘the Declaration’) is hereby approved on behalf of the European Union.
   The text of the Declaration is attached to this Decision.
   Article 2
   This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 14 September 2015.

            For the Council

            The President

         J. ASSELBORN

      (1)  Council Decision 2012/19/EU of 16 December 2011 on the approval, on behalf of the European Union, of the Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana (OJ L 6, 10.1.2012, p. 8).

      (2)  Joined Cases C-103/12 and 165/12, European Parliament and Commission v Council.

         Declaration addressed to the Bolivarian Republic of Venezuela on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana

                  1.

                  The European Union shall issue fishing authorisations to a limited number of fishing vessels flying the flag of the Bolivarian Republic of Venezuela to fish in the part of the exclusive economic zone off the coast of French Guiana that lies more than 12 nautical miles from the base lines, subject to the conditions set out in this Declaration.

                  2.

                  In accordance with Article 22 of Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters (1), the authorised fishing vessels flying the flag of the Bolivarian Republic of Venezuela shall, when fishing in the zone referred to in paragraph 1, comply with the provisions of the European Union common fisheries policy concerning the conservation and control measures and other European Union provisions governing fishing activities in that zone.

                  3.

                  More particularly, authorised fishing vessels flying the flag of the Bolivarian Republic of Venezuela shall comply with any relevant European Union rules or regulations specifying, inter alia, the fish stocks that may be targeted, the maximum number of authorised fishing vessels and the proportion of catches to be landed into ports in French Guiana.

                  4.

                  Without prejudice to the withdrawal of authorisations granted to individual fishing vessels flying the flag of the Bolivarian Republic of Venezuela on grounds of their failure to comply with any relevant European Union rules or regulations, the European Union may at any time withdraw, by way of unilateral declaration, the specific undertaking expressed in this Declaration to grant fishing opportunities.

         (1)  OJ L 286, 29.10.2008, p. 33.