title: Decision (EU) 2016/2386 of the Court of Justice of 20 September 2016 concerning the security rules applicable to information or material produced before the General Court in accordance with Article 105 of its Rules of Procedure

text:
               24.12.2016

               EN

               Official Journal of the European Union

               L 355/5

         DECISION (EU) 2016/2386 OF THE COURT OF JUSTICE
   of 20 September 2016
   concerning the security rules applicable to information or material produced before the General Court in accordance with Article 105 of its Rules of Procedure
   THE COURT
   Having regard to the Rules of Procedure, and in particular Article 190a(5) thereof,
   Whereas:

               (1)

               In accordance with Article 105(1) and (2) of the Rules of Procedure of the General Court, a main party to the proceedings may, on his own initiative or following a measure of inquiry ordered by the General Court, produce information or material pertaining to the security of the European Union or to that of one or more of its Member States or to the conduct of their international relations. Article 105(3) to (10) of those Rules lays down the procedural rules applicable to such information or material.

               (2)

               In view of the sensitive, confidential nature of the information or material concerned, the application of the body of rules established by Article 105 of the Rules of Procedure of the General Court requires a suitable security framework to be set up in order to ensure a high level of protection for that information or material.

               (3)

               To this end, the security framework must be applied to all information or material produced in accordance with Article 105(1) or (2) of those Rules if it is European Union classified information or if the main party producing it has indicated that to communicate it to the other main party would harm the security of the Union or of its Member States or the conduct of their international relations, even when that information or material is not European Union classified information.

               (4)

               In order to guarantee a high level of protection for that information or for that material, the fundamental principles and minimum security rules for the protection of that information or material are based on those applicable for the protection of SECRET UE/EU SECRET classified information according to the rules of the EU institutions on the protection of European Union classified information (EUCI), in particular those adopted by the Council of the European Union, the European Parliament and the European Commission.

               (5)

               Information or material produced in accordance with Article 105(1) or (2) of the Rules of Procedure of the General Court shall be given a mark specific to the Court of Justice of the European Union, called ‘FIDUCIA’, which is to determine the security rules applicable to it throughout proceedings before the General Court and, in the event of an appeal, before the Court of Justice. The affixing and removing of this marking shall have no consequences for the classification of information communicated to the General Court.

               (6)

               Access to FIDUCIA information shall be provided in accordance with the need-to-know principle,

         HAS DECIDED:
   Article 1
   Definitions
   For the purposes of this decision, the following definitions shall apply:

               (a)

               ‘security authority’ means the authority responsible for the security of the Court of Justice of the European Union designated by the latter, which may delegate, in whole or in part, the performance of the tasks provided for by this decision;

               (b)

               ‘FIDUCIA office’ means the office of the Court of Justice of the European Union responsible for the management of FIDUCIA information;

               (c)

               ‘holder’ means a duly authorised person who, on the basis of an established need to know, is in possession of FIDUCIA information and who is, in consequence, required to ensure its protection;

               (d)

               ‘document’ means any information, whatever its physical form or characteristics;

               (e)

               ‘information’ means any written or oral information, whatever its medium or author;

               (f)

               ‘European Union classified information’ (EUCI) means any information or any material identified as such according to the security classification of the European Union under the rules applicable in that respect within the EU institutions, covered by one of the following levels of classification:

                           —

                           TRÈS SECRET UE/EU TOP SECRET;

                           —

                           SECRET UE/EU SECRET;

                           —

                           CONFIDENTIEL UE/EU CONFIDENTIAL;

                           —

                           RESTREINT UE/EU RESTRICTED;

               (g)

               ‘FIDUCIA information’ means any information bearing the FIDUCIA mark;

               (h)

               ‘handling’ of FIDUCIA information means all treatment which FIDUCIA information could undergo during the proceedings before the Court of Justice. Its registration, consultation, creation, copying, storage, return and destruction are accordingly covered.

         Article 2
   Purpose and scope
   1.   This decision shall define the fundamental principles and minimum security rules for the protection of FIDUCIA information in proceedings before the Court of Justice.
   2.   Those fundamental principles and minimum security rules shall apply to all FIDUCIA information, and to any use of it, written or oral, and to any copies of it that may be made in accordance with the security rules laid down in this decision.
   Article 3
   Rules governing lodging and return
   For the purpose of setting up the security framework provided for by this decision:

               —

               the main party shall inform the General Court Registry of the day on which the information or material is lodged in accordance with Article 105(1) or (2) of the Rules of Procedure of the General Court;

               —

               the main party, accompanied by a representative of the General Court Registry, shall be required to lodge the information or material provided pursuant to Article 105(1) or (2) of those Rules with the FIDUCIA office during the hours the Registry is open to the public;

               —

               the main party producing the information or material in accordance with Article 105(1) or (2) of the Rules of Procedure of the General Court shall be required to remove it from the FIDUCIA office in the presence of a representative of the General Court Registry if that party does not authorise its disclosure in accordance with Article 105(4) of those Rules, as soon as it is withdrawn in accordance with Article 105(7) of those Rules or as soon as the period referred to in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union has expired, unless an appeal has been brought within that period;

               —

               if, within the period referred to in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union, an appeal is brought against the decision of the General Court, the information or material produced in that case in accordance with Article 105(1) or (2) of the Rules of Procedure of the General Court shall be made available to the Court of Justice. To that end, as soon as the Registrar of the General Court is informed of the existence of that appeal, he shall send a letter to the Registrar of the Court of Justice, informing him of the fact that the information or material concerned is available to the Court of Justice. The Registrar of the General Court shall simultaneously notify the security authority of the fact that the information or material concerned must be made available to the Court of Justice, without that information or material being physically moved. That notification shall be registered by the FIDUCIA office. The main party that produced that information or that material shall be required to remove it from the FIDUCIA office, in the presence of a representative of the Registry of the Court of Justice, as soon as the decision disposing of the appeal has been served, save where the case is referred back to the General Court for a ruling;

               —

               in the event that the case is referred back to the General Court, the Court of Justice shall make the information or material concerned available to the General Court as soon as the decision disposing of the appeal has been served. To that end, the Registrar of the Court of Justice shall send a letter to the Registrar of the General Court informing him of the fact that the information or material concerned is available to the General Court. The Registrar of the Court of Justice shall simultaneously notify the security authority of the fact that the information or material concerned must be made available to the General Court, without that information or material being physically moved. That notification shall be registered by the FIDUCIA office. The main party that produced that information or that material shall be required to remove it from the FIDUCIA office, in the presence of a representative of the Registry of the General Court, as soon as the period referred to in the first paragraph of Article 56 of the Statute of the Court of Justice of the European Union has expired, unless an appeal has been brought within that period.

         Article 4
   FIDUCIA marking
   1.   All information or material produced in accordance with Article 105(1) or (2) of the Rules of Procedure of the General Court shall be given a FIDUCIA mark by the FIDUCIA office.
   2.   Any information reproducing, in whole or in part, the content of information or material produced in accordance with Article 105(1) or (2) of those Rules, and every copy of such information or material, shall likewise be given a FIDUCIA mark by the FIDUCIA office.
   3.   Documents and registers drawn up by the FIDUCIA office in accordance with this decision whose unauthorised disclosure could harm the security of the Union or that of one or more of its Member States or the conduct of their international relations shall also be given a FIDUCIA mark by the FIDUCIA office.
   4.   The FIDUCIA mark shall be placed visibly on all FIDUCIA information pages and media.
   5.   The affixing and removing of the FIDUCIA mark, on the conditions set out in Annex III, shall have no consequences for the classification of information communicated to the General Court.
   Article 5
   Protection of FIDUCIA information
   1.   The protection of FIDUCIA information shall be equivalent to that given to SECRET EU/EU SECRET EUCI in accordance with the rules on the protection of EUCI applicable within the EU institutions.
   2.   The holder of any FIDUCIA information shall be responsible for protecting it in accordance with this decision.
   Article 6
   Security risk management
   1.   The risks threatening FIDUCIA information shall be managed as a process of risk analysis aimed at determining known security risks, defining security measures making it possible to reduce those risks to an acceptable level in accordance with the fundamental principles and minimum standards set out in this decision, and applying those measures. The effectiveness of such measures shall be continuously evaluated by the security authority.
   2.   Security measures for protecting FIDUCIA information throughout the proceedings before the Court of Justice shall be commensurate with, in particular, the form in which the information or material concerned is presented and its volume, the environment and structure of the FIDUCIA office premises and the locally assessed threat of malicious and/or criminal activities, including espionage, sabotage and terrorism.
   3.   The internal contingency plan of the Court of Justice of the European Union shall take account of the necessity of protecting FIDUCIA information in the event of emergency in order to prevent unauthorised access or disclosure or loss of integrity or availability.
   4.   Preventative and recovery measures to minimise the impact of major failures or incidents on the handling and storage of FIDUCIA information shall be included in the internal contingency plan of the Court of Justice of the European Union.
   Article 7
   Personnel security measures
   1.   Access to FIDUCIA information may be granted only to persons who:

               —

               have a need to know it,

               —

               subject to paragraph 2 of this Article, have been authorised to have access to FIDUCIA information, and

               —

               have been briefed on their responsibilities.

         2.   The Judges and Advocates General of the Court of Justice shall, by reason of their office, be deemed authorised to have access to FIDUCIA information.
   3.   The procedure designed to determine whether an official or other servant of the Court of Justice of the European Union, having regard to his loyalty, trustworthiness and reliability, may be authorised to have access to FIDUCIA information is laid down in Annex I.
   4.   Before being given access to FIDUCIA information and thereafter at regular intervals, all the persons concerned shall be briefed on their responsibilities as regards the protection of FIDUCIA information in accordance with this decision and shall acknowledge their responsibilities in writing.
   Article 8
   Physical security
   1.   ‘Physical security’ means the application of physical and technical protective measures to prevent unauthorised access to FIDUCIA information.
   2.   Physical security measures shall be designed to prevent surreptitious or forced entry into the FIDUCIA office premises by an intruder, to deter, impede and detect unauthorised acts and to enable a distinction to be drawn between persons with and without authority to have access to FIDUCIA information in accordance with the need-to-know principle. Such measures shall be determined on the basis of a risk management process.
   3.   Physical security measures shall be put in place for the FIDUCIA office premises in which FIDUCIA information is handled and stored. These measures shall be designed to ensure protection equivalent to that afforded to SECRET UE/EU SECRET EUCI in accordance with the rules on the protection of EUCI applicable within the EU institutions. No FIDUCIA information may be stored or consulted outside the FIDUCIA office premises created for that purpose within an area that has itself been secured.
   4.   Only approved equipment or devices in conformity with the rules on the protection of EUCI applicable within the EU institutions shall be used for protecting FIDUCIA information.
   5.   Provisions for implementing this Article are set out in Annex II.
   Article 9
   Management of FIDUCIA information
   1.   ‘Management of FIDUCIA information’ means the application of administrative measures designed to protect FIDUCIA information throughout the proceedings before the Court of Justice, and to control it in order to help deter and detect deliberate or accidental compromise or loss of such information.
   2.   Measures for the management of FIDUCIA information relate to, in particular, the registration, consultation, creation, copying, storage, return and destruction of FIDUCIA information.
   3.   On reception, and before any handling, FIDUCIA information shall be registered by the FIDUCIA office.
   4.   The FIDUCIA office premises shall be subject to regular inspection by the security authority.
   5.   Provisions for implementing this Article are set out in Annex III.
   Article 10
   Protection of FIDUCIA information handled electronically
   1.   The communication and information systems (computers and peripheral devices) used in the handling of FIDUCIA information shall be situated in the FIDUCIA office premises. They shall be isolated from any computerised network.
   2.   Security measures shall be implemented in order to protect the information technology equipment used for the handling of FIDUCIA information against the compromise of that information by unintentional electromagnetic emanations (security measures equivalent to those in place for SECRET UE/EU SECRET EUCI in accordance with the rules on the protection of EUCI applicable within the EU institutions).
   3.   The communication and information systems shall be subject to accreditation issued by the security authority which shall satisfy itself that they comply with the rules on the protection of EUCI applicable within the EU institutions.
   4.   Provisions for implementing this Article are set out in Annex IV.
   Article 11
   Security in the event of external action
   1.   ‘Security in the event of external action’ means the application of measures designed to ensure the protection of FIDUCIA information by contractors required to carry out work in connection with the maintenance of communication and information systems isolated from the computerised network or when action has to be taken that entails the urgent removal of FIDUCIA information to a place of safety.
   2.   The security authority may entrust the performance of tasks involving or entailing, under the contract, access to FIDUCIA information to contractors registered in a Member State.
   3.   The security authority shall ensure that the minimum security standards laid down in this decision and mentioned in the contract are observed when contracts are granted.
   4.   Members of a contractor's staff may have access to FIDUCIA information only if they have been authorised for that purpose by the security authority on the basis of personnel security clearance issued by the National Security Authority or any other competent security authority in accordance with national laws and regulations.
   5.   Provisions for implementing this Article are set out in Annex V.
   Article 12
   No digital transmission, communication or exchange of FIDUCIA information
   1.   FIDUCIA information shall in no circumstances be transmitted digitally.
   2.   The Court of Justice shall not send FIDUCIA information to the institutions, bodies, offices or agencies of the Union, or to the Member States, or to the other parties to the proceedings or to any third party.
   Article 13
   Breaches of security and compromise of FIDUCIA information
   1.   A breach of security is an act or omission by an individual that is contrary to the security rules laid down in this decision.
   2.   Compromise occurs when, as a result of a breach of security, FIDUCIA information has been disclosed in whole or in part to persons who are not, or are not deemed to be, authorised persons.
   3.   Any breach or suspected breach of security shall be reported forthwith to the security authority.
   4.   Where it is established, or where there are reasonable grounds to assume, that FIDUCIA information has been compromised or lost, the security authority, liaising closely with the President and the Registrar of the Court of Justice, shall take all appropriate measures in accordance with the applicable provisions in order to:

               (a)

               inform the main party that produced the information or material concerned;

               (b)

               request the competent authority to commence an administrative investigation;

               (c)

               assess the potential damage caused to the security of the Union or to that of one or more of its Member States or to the conduct of their international relations;

               (d)

               prevent any recurrence; and

               (e)

               inform the competent authorities of the steps taken.

         5.   Any person responsible for a breach of the security rules laid down in this decision shall be liable to disciplinary action in accordance with the applicable provisions. Any person responsible for compromise or loss of FIDUCIA information shall be liable to disciplinary and/or legal action in accordance with the applicable provisions.
   Article 14
   Organisation of security within the Court of Justice
   1.   The FIDUCIA office shall put in hand the protection of FIDUCIA information in accordance with this decision.
   2.   The security authority shall be responsible for the proper application of this decision. For that purpose, the security authority shall:

               (a)

               apply the security policy of the Court of Justice of the European Union and review it at regular intervals;

               (b)

               supervise the implementation of this decision by the FIDUCIA office;

               (c)

               where appropriate, cause an investigation to be carried out, on the conditions laid down in Article 13, of any compromise or loss, or suspected compromise or loss, of FIDUCIA information;

               (d)

               periodically inspect the security arrangements intended to ensure the protection of FIDUCIA information on FIDUCIA office premises.

         Article 15
   Practice rules for implementation
   Practice rules for the implementation of this decision shall be laid down by the security authority in agreement with the Registrar of the Court of Justice.
   Article 16
   Entry into force
   This decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 20 September 2016.

            Registrar

         A. CALOT ESCOBAR

            President

         K. LENAERTS

      ANNEX I

         PERSONNEL SECURITY MEASURES

                  1.

                  This Annex sets out provisions for implementing Article 7 of this decision.

                  2.

                  The Registrar of the Court of Justice shall be responsible for identifying, so far as concerns him and in so far as strictly necessary, the posts necessitating access to FIDUCIA information and therefore requiring the officials or other servants occupying the posts concerned to be authorised to have access to FIDUCIA information.

                  3.

                  With a view to the grant of authority to have access to FIDUCIA information, the FIDUCIA office shall send the security questionnaire, filled in by the official or other servant concerned, to the National Security Authority of the Member State of which the person concerned is a national or to any other competent national authority, identified in the rules on the protection of EUCI applicable within the EU institutions (‘the competent NSA’), and request a security investigation for a SECRET UE/EU SECRET level of classification.

                  4.

                  At the end of the security investigation, acting in accordance with the laws and regulations in force in the Member State concerned, the competent NSA shall notify the FIDUCIA office of the conclusions of the investigation in question.

                  5.

                  When the result of the security investigation is that the competent NSA is certain that nothing adverse is known that would call into question the loyalty, trustworthiness or reliability of the person concerned, the competent appointing authority (‘the appointing authority’) may authorise that person to have access to FIDUCIA information.

                  6.

                  When the completed security investigation does not lead to the certainty referred to in paragraph 5, the appointing authority shall inform the person concerned. In such a case, the FIDUCIA office, acting on the instructions of the appointing authority, may ask the competent NSA for any further clarification it is in a position to offer in accordance with its national laws and regulations. If the outcome of the security investigation is confirmed, authorisation shall not be granted for access to FIDUCIA information.

                  7.

                  Authorisation of access to FIDUCIA information shall be valid for a period of five years. It shall be withdrawn when the person concerned leaves the post necessitating access to FIDUCIA information or if the appointing authority considers that there are grounds for withdrawal of authorisation.

                  8.

                  Authorisation of access to FIDUCIA information may be renewed in accordance with the procedure set out in paragraphs 3 to 5.

                  9.

                  The FIDUCIA office shall keep a record of authorisations of access to FIDUCIA information.

                  10.

                  If it is brought to the FIDUCIA office's knowledge that a risk to security is posed by a person holding authorisation for access to FIDUCIA information, the FIDUCIA office shall give notice of this to the competent NSA and the appointing authority may suspend access to FIDUCIA information or withdraw the authorisation of access to that information.

                  11.

                  In an emergency, the appointing authority may, after consulting the competent NSA and subject to the results of preliminary checks to ascertain that no adverse information is known, grant temporary authorisation of access to FIDUCIA information to the officials and other servants concerned. Such temporary authorisation shall be valid until the end of the procedure referred to in paragraphs 3 to 5, but may not, however, exceed a period of six months from the date on which the request for a security investigation is made to the competent NSA.

                  12.

                  Before being granted access to FIDUCIA information, the persons holding that authorisation shall follow a training programme in order to enable them to discharge their responsibility for handling FIDUCIA information. Authorisation of access to FIDUCIA information shall not become effective until that training has been completed and responsibility has been acknowledged in writing.

      ANNEX II

         PHYSICAL SECURITY

      I.   INTRODUCTION

                  1.

                  This Annex sets out provisions for implementing Article 8 of the decision. It lays down minimum requirements for the physical protection of the FIDUCIA office premises in which FIDUCIA information is handled and stored.

                  2.

                  Physical security measures shall be designed to prevent unauthorised access to FIDUCIA information by:

                              (a)

                              ensuring that FIDUCIA information is properly handled and stored;

                              (b)

                              enabling a distinction to be drawn between persons with and without authorisation to have access to FIDUCIA information, in accordance with the need-to-know principle;

                              (c)

                              deterrence, by preventing and detecting unauthorised acts; and

                              (d)

                              preventing or delaying surreptitious or forced entry into the FIDUCIA office premises.

                  3.

                  Physical security measures shall be chosen in the light of an appraisal of the threats posed to FIDUCIA information. These measures shall take into consideration the environment and structure of the FIDUCIA office premises. The security authority shall determine the degree of security to be attained for every one of the following physical measures:

                              (a)

                              a perimeter barrier defending the boundaries of the area to be protected;

                              (b)

                              an intrusion detection system connected to the security command post of the Court of Justice of the European Union;

                              (c)

                              an access control system exercised by electronic or electro-mechanical means, and operated by a member of the security staff;

                              (d)

                              security staff trained, supervised and holding authorisation to have access to FIDUCIA information;

                              (e)

                              closed-circuit video-surveillance system operated by security staff and connected to the intrusion detection and access control systems;

                              (f)

                              security lighting allowing effective surveillance directly, or indirectly through a video-surveillance system;

                              (g)

                              any other appropriate physical measures designed to deter unauthorised access or to detect it, or to prevent consultation or loss of, or damage to, FIDUCIA information.

            II.   PREMISES IN WHICH FIDUCIA INFORMATION IS STORED AND CONSULTED

         Creation of physically protected premises for storage and consultation

                  4.

                  Secured premises shall be created for the purpose of storage and consulting FIDUCIA information. FIDUCIA information may be stored and consulted only in FIDUCIA office premises which comply in all respects with the rules on the protection of EUCI applicable within the EU institutions.

                  5.

                  Within those premises, FIDUCIA information shall be kept in security containers also complying in all respects with the rules on the protection of EUCI applicable within the EU institutions.

                  6.

                  No communications system (telephone or other electronic device) may be brought into the FIDUCIA office premises.

                  7.

                  The FIDUCIA office meeting room shall be protected against eavesdropping. Electronic security inspections of them shall be carried out at regular intervals.

         Access to storage and consultation premises

                  8.

                  Access to the FIDUCIA office premises shall be controlled by an identification security door under video surveillance.

                  9.

                  Persons who have been authorised to have access to FIDUCIA information and persons deemed to be so authorised may gain access to the FIDUCIA office premises in order to consult FIDUCIA information on the conditions laid down in Article 7(1) and (2) of this decision.

                  10.

                  The security authority may in exceptional cases issue access authorisation to persons without FIDUCIA authorisation if it is essential that they should enter the FIDUCIA office premises, provided that access to those premises does not involve access to FIDUCIA information which is to remain protected from sight in security containers. Those persons may gain access only if they are accompanied, and continuously watched, by a member of the FIDUCIA office with authorisation for access to FIDUCIA information.

                  11.

                  All access to FIDUCIA office premises shall be recorded in an access logbook. This logbook shall be kept at a work station in those premises. The communication and information system used for this purpose shall be compatible with the security requirements laid down in Article 10 of, and Annex IV to, this decision.

                  12.

                  The protection measures governing the written use of FIDUCIA information shall apply in the case of oral use of that information.

            III.   CONTROL OF KEYS AND COMBINATIONS USED TO PROTECT FIDUCIA INFORMATION

                  13.

                  The security authority shall define procedures for managing keys and combination settings for the FIDUCIA office premises and security containers. Such procedures shall protect against unauthorised access.

                  14.

                  Combination settings shall be committed to memory by the smallest possible number of persons needing to know them. Combination settings for security containers storing FIDUCIA information shall be changed;

                              (a)

                              on receipt of a new container;

                              (b)

                              when there is a change in personnel knowing the combination;

                              (c)

                              when compromise has occurred or is suspected;

                              (d)

                              when a lock has undergone maintenance or repair;

                              (e)

                              at least every 12 months.

                  15.

                  Technical equipment intended for the physical protection of FIDUCIA information shall comply with the rules on the protection of EUCI applicable within the EU institutions. The security authority shall be responsible for the observance of these rules.

                  16.

                  Technical equipment shall be periodically inspected and maintained at regular intervals. Maintenance shall take account of the inspection results in order that the best possible operation of the equipment may be guaranteed.

                  17.

                  At every inspection the efficiency of the various security measures and of the security system as a whole is to be reappraised.

      ANNEX III

         MANAGEMENT OF FIDUCIA INFORMATION

      I.   INTRODUCTION

                  1.

                  This Annex sets out provisions for implementing Article 9 of the decision. It lays down the administrative measures designed to protect FIDUCIA information throughout the proceedings before the Court of Justice, and to control it in order to help deter and detect deliberate or accidental compromise or loss of such information.

            II.   REGISTER OF FIDUCIA INFORMATION

                  2.

                  A register of FIDUCIA information shall be created. This register shall be kept, by the FIDUCIA office, at a work station situated in the FIDUCIA office premises. The communication and information system used to keep this register shall be compatible with the security requirements laid down in Article 10 of, and Annex IV to, this decision.

            III.   REGISTRATION OF FIDUCIA INFORMATION

                  3.

                  For the purposes of this decision, registration for security purposes (‘registration’) means the application of procedures keeping track of the life-cycle of FIDUCIA information, including its destruction.

                  4.

                  Registration of FIDUCIA information shall be the responsibility of the FIDUCIA office.

                  5.

                  The FIDUCIA office shall automatically give a FIDUCIA mark to information or material produced in accordance with Article 105(1) or (2) of the Rules of Procedure of the General Court. The FIDUCIA office shall register FIDUCIA information in the FIDUCIA information register.

                  6.

                  The FIDUCIA office shall draw up a report annexed to the FIDUCIA information register, specifying the circumstances in which information is received. The information shall then be handled according to the rules laid down in the previous paragraph.

                  7.

                  FIDUCIA information shall be registered, in accordance with paragraphs 5 and 6 above, in the FIDUCIA information register without prejudice to the procedural registration performed by persons within the Registry authorised to have access to FIDUCIA information.

            IV.   MANAGEMENT OF FIDUCIA INFORMATION

         Marking

                  8.

                  When EUCI or any other information, in respect of which it has been indicated that its communication would harm the security of the Union or that of one or more of its Member States or the conduct of their international relations, is produced under Article 105(1) or (2) of the Rules of Procedure of the General Court, it shall be given the FIDUCIA mark by the FIDUCIA office.

                  9.

                  The FIDUCIA mark shall be clearly and correctly indicated in every part of the document, irrespective of the form in which the information is presented, whether the format is paper, audio, electronic or other.

         Creation of FIDUCIA information

                  10.

                  Only a person authorised to have access to FIDUCIA information or a person deemed to be so authorised may create FIDUCIA information, as specified in Article 4(2) to (3) of this decision.

                  11.

                  All FIDUCIA information created shall be registered by the FIDUCIA office in the FIDUCIA information register.

                  12.

                  All FIDUCIA information created shall be subject to all the rules on the handling of FIDUCIA information as laid down in this decision and in the annexes thereto.

         Removal of the FIDUCIA mark

                  13.

                  FIDUCIA information shall lose its mark in two cases:

                              (a)

                              when the main party that produced the FIDUCIA information authorises its communication to the other main party, the information originally communicated and all information created on the basis thereof shall lose its FIDUCIA mark;

                              (b)

                              when FIDUCIA information is returned to the main party that produced it.

                  14.

                  The FIDUCIA office shall remove the FIDUCIA mark and record that removal in the FIDUCIA information register.

                  15.

                  Removal of the FIDUCIA mark shall not mean that EUCI has been declassified.

            V.   COPIES OF FIDUCIA INFORMATION

                  16.

                  FIDUCIA information shall not be copied unless this is essential. In that case, copies shall be made by the FIDUCIA office which shall number and register them.

                  17.

                  Copies shall be subject to all the security rules laid down in this decision and in the annexes thereto.

            VI.   DESTRUCTION OF FIDUCIA INFORMATION

                  18.

                  When information or material produced in accordance with Article 105(1) or (2) of the Rules of Procedure of the General Court is returned to the main party that produced it, all information reproducing, in whole or in part, the content of that information or material, and any copies made, shall be destroyed.

                  19.

                  The destruction of FIDUCIA information referred to in paragraph 18 shall be carried out by the FIDUCIA office, using methods complying with the rules on the protection of EUCI applicable within the EU institutions, in order to prevent that information being reconstructed in whole or in part.

                  20.

                  The destruction of FIDUCIA information referred to in paragraph 18 shall be performed in the presence of a witness authorised to have access to FIDUCIA information.

                  21.

                  The FIDUCIA office shall draw up a destruction certificate.

                  22.

                  The destruction certificate shall be annexed to the FIDUCIA information register. A copy shall be sent to the main party that produced the document concerned.

      ANNEX IV

         PROTECTION OF FIDUCIA INFORMATION HANDLED ELECTRONICALLY

                  1.

                  This Annex sets out provisions for implementing Article 10.

                  2.

                  FIDUCIA information may be handled only on electronic equipment (work stations, printers, photocopiers) that is not connected to the computerised network and is placed in the FIDUCIA office premises.

                  3.

                  All electronic equipment used in the handling of FIDUCIA information shall comply with the rules on the protection of EUCI applicable within the EU institutions. The security of this equipment shall be ensured throughout its life-cycle.

                  4.

                  All possible connections to the internet and to other tools (LAN, WLAN, Bluetooth etc.) shall be permanently deactivated.

                  5.

                  Work stations shall be equipped with appropriate anti-virus protection. Anti-virus updates shall be performed using a dedicated CD-ROM or USB stick.

                  6.

                  The memories of printers and photocopiers shall be erased before any maintenance operation.

                  7.

                  Only cryptographic products approved in accordance with the rules on the protection of EUCI applicable within the EU institutions shall be used to handle the requests for investigations referred to in Annex I.

      ANNEX V

         SECURITY IN THE EVENT OF EXTERNAL ACTION

                  1.

                  This Annex sets out provisions for implementing Article 11.

                  2.

                  Contractors may gain access to FIDUCIA information only in connection with the maintenance of the communication and information systems isolated from the computerised network or when action has to be taken that entails the urgent removal of FIDUCIA information to a place of safety.

                  3.

                  The security authority shall draw up guidelines for external action covering, in particular, security clearances for the contractors' staff, and also the content of the contracts referred to in this Annex.

                  4.

                  Documents relating to the tendering procedures and maintenance contracts for the communication and information systems isolated from the computerised network shall be given the FIDUCIA mark when they contain information whose unauthorised disclosure could harm the security of the Union or that of one or more of its Member States or the conduct of their international relations. The security aspects letter annexed to the contract shall contain provisions requiring the contractor to comply with the minimum standards laid down in this decision. Failure to comply with those minimum standards may constitute sufficient grounds for termination of the contract.

                  5.

                  The contract involving action having to be taken that entails the urgent removal of FIDUCIA information to a place of safety shall include the number of security guards who are to have personnel security clearance. It shall be silent with regard to the procedures to be put in hand. This contract shall not be given the FIDUCIA mark.

                  6.

                  The contractor may not sub-contract the activities defined in the call for tenders and in the contract involving or entailing access to FIDUCIA information.


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31973D0418

73/418/EEC: Commission Decision of 31 October 1973 on the Advisory Committee on Pigmeat

Official Journal L 355 , 24/12/1973 P. 0032 - 0033 Greek special edition: Chapter 03 Volume 10 P. 0066  Spanish special edition: Chapter 03 Volume 7 P. 0108  Portuguese special edition Chapter 03 Volume 7 P. 0108

++++ ( 1 ) OJ N 72 , 8 . 8 . 1962 , PP . 2028 / TO 2030/62 .   ( 2 ) OJ N L 121 , 4 . 6 . 1970 , PP . 11 TO 13 .  COMMISSION DECISION  OF 31 OCTOBER 1973  ON THE ADVISORY COMMITTEE ON PIGMEAT   ( 73/418/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  WHEREAS AN ADVISORY COMMITTEE ON PIGMEAT WAS SET UP BY THE COMMISSION DECISION OF 18 JULY 1962 ( 1 ) , AS AMENDED BY THE DECISION OF 15 MAY 1970 ( 2 ) ;  WHEREAS IT IS CONSIDERED DESIRABLE , AS A RESULT OF THE ACCESSION OF NEW MEMBER STATES TO THE COMMUNITY , TO ALTER THE RULES FIXING THE NUMBER AND APPORTIONMENT OF SEATS ON THIS COMMITTEE ;  WHEREAS , MOREOVER , THE TEXT OF THE DECISION AFORESAID REQUIRES CERTAIN MINOR ALTERATIONS AND IT IS THEREFORE NECESSARY FOR THE SAKE OF CLARITY TO PRODUCE A COMPLETELY NEW VERSION OF THE TEXT ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE TEXT OF THE DECISION OF 18 JULY 1962 SETTING UP AN ADVISORY COMMITTEE ON PIGMEAT IS REPLACED BY THE FOLLOWING :   " ARTICLE 1  1 . THERE SHALL BE ATTACHED TO THE COMMISSION AN ADVISORY COMMITTEE ON PIGMEAT , HEREINAFTER CALLED THE " COMMITTEE " .  2 . THE COMMITTEE SHALL BE COMPOSED OF REPRESENTATIVES OF THE FOLLOWING INTERESTS : FARMERS , COOPERATIVES , THE PROCESSING AND FOOD-MANUFACTURING INDUSTRIES , TRADERS IN AGRICULTURAL PRODUCE AND FOODSTUFFS , AGRICULTURAL WORKERS AND WORKERS IN THE PROCESSING AND FOOD-MANUFACTURING INDUSTRIES , CONSUMERS .  ARTICLE 2  1 . THE COMMITTEE MAY BE CONSULTED BY THE COMMISSION ON ANY PROBLEM CONCERNING THE OPERATION OF REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT AND IN PARTICULAR ON MEASURES TO BE ADOPTED BY THE COMMISSION UNDER THOSE REGULATIONS .  2 . THE CHAIRMAN OF THE COMMITTEE MAY INDICATE TO THE COMMISSION THE DESIRABILITY OF CONSULTING THE COMMITTEE ON ANY MATTER WITHIN THE LATTER'S COMPETENCE ON WHICH ITS OPINION HAS NOT BEEN SOUGHT . HE SHALL DO SO , IN PARTICULAR , AT THE REQUEST OF ONE OF THE INTERESTS REPRESENTED .  ARTICLE 3  1 . THE COMMITTEE SHALL CONSIST OF FORTY-FOUR MEMBERS .  2 . SEATS ON THE COMMITTEE SHALL BE APPORTIONED AS FOLLOWS :   _ FIFTEEN TO REPRESENTATIVES OF PIG FARMERS ,   _ SEVEN TO REPRESENTATIVES OF LIVESTOCK AND MEAT COOPERATIVES AND OF MEAT-PROCESSING COOPERATIVES ,   _ THREE TO REPRESENTATIVES OF THE MEAT AND ANIMAL FAT PROCESSING INDUSTRIES ,   _ THREE TO REPRESENTATIVES OF THE LIVESTOCK TRADE ,   _ THREE TO REPRESENTATIVES OF THE WHOLESALE MEAT TRADE ,   _ TWO TO REPRESENTATIVES OF BUTCHERS AND TRADERS IN PRESERVED MEATS ,   _ FIVE TO REPRESENTATIVES OF AGRICULTURAL WORKERS AND OF WORKERS IN THE PROCESSING AND FOOD-MANUFACTURING INDUSTRIES ,   _ SIX TO CONSUMERS' REPRESENTATIVES .  ARTICLE 4  1 . MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE COMMISSION ON PROPOSALS FROM THE TRADE , WORKERS' ORGANIZATIONS SET UP AT COMMUNITY LEVEL WHICH ARE MOST REPRESENTATIVE OF THE INTERESTS SPECIFIED IN ARTICLE 1 ( 2 ) AND WHOSE ACTIVITIES COME WITHIN THE SCOPE OF THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT ; CONSUMERS' REPRESENTATIVES SHALL BE APPOINTED ON PROPOSALS FROM THE CONSUMERS' ADVISORY COMMITTEE .  THOSE BODIES SHALL FOR EACH SEAT TO BE FILLED PUT FORWARD THE NAMES OF TWO CANDIDATES OF DIFFERENT NATIONALITY .  2 . THE TERM OF OFFICE FOR MEMBERS OF THE COMMITTEE SHALL BE THREE YEARS . THEIR APPOINTMENTS MAY BE RENEWED . MEMBERS SHALL NOT BE REMUNERATED FOR THEIR SERVICES .  AFTER EXPIRY OF THE THREE YEARS MEMBERS OF THE COMMITTEE SHALL REMAIN IN OFFICE UNTIL THEY ARE REPLACED OR UNTIL THEIR APPOINTMENTS ARE RENEWED .  A MEMBER'S TERM OF OFFICE MAY BE TERMINATED BEFORE EXPIRY OF THE THREE YEARS BY DEATH OR RESIGNATION .  IT MAY ALSO BE TERMINATED WHERE THE BODY WHICH THE MEMBER REPRESENTS REQUESTS THAT HE BE REPLACED .  A PERSON SHALL BE APPOINTED , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPH 1 , TO REPLACE SUCH MEMBER FOR THE REMAINDER OF THE TERM OF OFFICE .  3 . A LIST OF THE MEMBERS OF THE COMMITTEE SHALL BE PUBLISHED BY THE COMMISSION , FOR INFORMATION PURPOSES , IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  ARTICLE 5  THE COMMITTEE SHALL , BY A TWO-THIRDS MAJORITY OF THE MEMBERS PRESENT , ELECT A CHAIRMAN AND TWO VICE-CHAIRMEN FOR A PERIOD OF THREE YEARS .  THE COMMITTEE MAY , BY THE LIKE MAJORITY , ELECT FURTHER OFFICERS FROM AMONG THE OTHER MEMBERS . IN THAT CASE , THE OFFICERS OTHER THAN THE CHAIRMAN SHALL CONSIST AT MOST OF ONE REPRESENTATIVE OF EACH INTEREST REPRESENTED ON THE COMMITTEE .  THE OFFICERS SHALL PREPARE AND ORGANIZE THE WORK OF THE COMMITTEE .  ARTICLE 6  AT THE REQUEST OF ANY OF THE INTERESTS REPRESENTED , THE CHAIRMAN MAY INVITE A PERSON DELEGATED BY THE INTEREST CONCERNED TO BE PRESENT AT MEETINGS OF THE COMMITTEE . HE MAY LIKEWISE ON SUCH REQUEST INVITE ANY PERSON WITH SPECIAL QUALIFICATIONS IN ANY SUBJECT ON THE AGENDA TO TAKE PART IN AN EXPERT CAPACITY IN THE DELIBERATIONS OF THE COMMITTEE . EXPERTS SHALL TAKE PART IN DISCUSSIONS ONLY OF THOSE QUESTIONS ON ACCOUNT OF WHICH THEY WERE INVITED .  ARTICLE 7  THE COMMITTEE MAY SET UP WORKING GROUPS TO ASSIST IT IN CARRYING OUT ITS WORK .  ARTICLE 8  1 . THE COMMITTEE SHALL BE CONVENED BY THE COMMISSION AND SHALL MEET AT COMMISSION HEADQUARTERS . MEETINGS OF THE OFFICERS SHALL BE CONVENED BY THE CHAIRMAN BY ARRANGEMENT WITH THE COMMISSION .  2 . REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED SHALL TAKE PART IN MEETINGS OF THE COMMITTEE , ITS OFFICERS AND WORKING GROUPS .  3 . SECRETARIAL SERVICES FOR THE COMMITTEE , ITS OFFICERS AND WORKING GROUPS SHALL BE PROVIDED BY THE COMMISSION .  ARTICLE 9  THE COMMITTEE SHALL DISCUSS MATTERS ON WHICH THE COMMISSION HAS REQUESTED AN OPINION . NO VOTE SHALL BE TAKEN .  THE COMMISSION MAY , WHEN SEEKING THE OPINION OF THE COMMITTEE , SET A TIME LIMIT WITHIN WHICH SUCH OPINION SHALL BE GIVEN .  THE VIEWS EXPRESSED BY THE VARIOUS INTERESTS REPRESENTED SHALL BE INCLUDED IN A REPORT FORWARDED TO THE COMMISSION .  IN THE EVENT OF UNANIMOUS AGREEMENT BEING REACHED IN THE COMMITTEE ON THE OPINION TO BE GIVEN , THE COMMITTEE SHALL FORMULATE JOINT CONCLUSIONS AND ATTACH THEM TO THE REPORT .  THE OUTCOME OF THE COMMITTEE'S DISCUSSIONS SHALL ON REQUEST BE COMMUNICATED BY THE COMMISSION TO THE COUNCIL AND TO THE MANAGEMENT COMMITTEES .  ARTICLE 10  WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 214 OF THE TREATY , WHERE THE COMMISSION INFORMS THEM THAT THE OPINION REQUESTED OR THE QUESTION RAISED IS ON A MATTER OF A CONFIDENTIAL NATURE , MEMBERS OF THE COMMITTEE SHALL BE UNDER AN OBLIGATION NOT TO DISCLOSE INFORMATION WHICH HAS COME TO THEIR KNOWLEDGE THROUGH THE WORK OF THE COMMITTEE OR OF ITS WORKING GROUPS .  IN SUCH CASES , ONLY COMMITTEE MEMBERS AND REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED MAY BE PRESENT AT MEETINGS . "  ARTICLE 2  THIS DECISION SHALL ENTER INTO FORCE ON 31 OCTOBER 1973 .  DONE AT BRUSSELS , 31 OCTOBER 1973 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI


Avis juridique important

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41980D0990

80/990/EEC, Euratom, ECSC: Decision of the representatives of the Governments of the Member States of the European Communities of 6 October 1980 appointing a judge to the Court of Justice

Official Journal L 296 , 05/11/1980 P. 0017

****    CONFERENCE OF THE REPRESENTATIVES   OF THE GOVERNMENTS OF THE MEMBER STATES   DECISION   OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES   OF 6 OCTOBER 1980   APPOINTING A JUDGE TO THE COURT OF JUSTICE  ( 80/990/EEC , EURATOM , ECSC )   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 32B THEREOF ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 167 THEREOF ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLE 139 THEREOF ,   WHEREAS MR H . KUTSCHER , PRESIDENT OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES , SUBMITTED TO THE PRESIDENT OF THE COUNCIL HIS RESIGNATION IN A LETTER DATED 30 MAY 1980 , WITH EFFECT FROM 30 OCTOBER 1980 ;   WHEREAS PURSUANT TO ARTICLE 8 OF THE PROTOCOL ON THE STATUTE OF THE EUROPEAN COAL AND STEEL COMMUNITY , TO ARTICLE 7 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN ECONOMIC COMMUNITY AND TO ARTICLE 7 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE EUROPEAN ATOMIC ENERGY COMMUNITY , A JUDGE SHOULD BE APPOINTED FOR THE REMAINING PERIOD OF MR H . KUTSCHER ' S TERM OF OFFICE ,   HAVE DECIDED AS FOLLOWS :   ARTICLE 1   MR U . EVERLING IS HEREBY APPOINTED JUDGE TO THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES UNTIL 6 OCTOBER 1982 .   ARTICLE 2   THIS DECISION SHALL ENTER INTO EFFECT ON 30 OCTOBER 1980 .   DONE AT BRUSSELS , 6 OCTOBER 1980 .   THE PRESIDENT   G . THORN


title: Council Decision (EU) 2017/449 of 7 March 2017 on the position to be adopted, on behalf of the European Union, in the 60th session of the Commission on Narcotic Drugs on the scheduling of substances under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the Convention on Psychotropic Substances of 1971

text:
               15.3.2017

               EN

               Official Journal of the European Union

               L 69/25

         COUNCIL DECISION (EU) 2017/449
   of 7 March 2017
   on the position to be adopted, on behalf of the European Union, in the 60th session of the Commission on Narcotic Drugs on the scheduling of substances under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the Convention on Psychotropic Substances of 1971
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 83(1) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The United Nations (UN) Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, (the ‘Convention on Narcotic Drugs’) entered into force on 8 August 1975.

               (2)

               Pursuant to Article 3 of the Convention on Narcotic Drugs, the Commission on Narcotic Drugs may decide to add substances to the Schedules of that Convention. It can make changes to the Schedules only in accordance with the recommendations of the World Health Organisation (WHO), but it can also decide not to make the changes recommended by the WHO.

               (3)

               The UN Convention on Psychotropic Substances of 1971 (the ‘Convention on Psychotropic Substances’) entered into force on 16 August 1976.

               (4)

               Pursuant to Article 2 of the Convention on Psychotropic Substances, the Commission on Narcotic Drugs may decide to add substances to the Schedules of that Convention, or to remove them, on the basis of the recommendations of the WHO. It has broad discretionary powers to take into account economic, social, legal, administrative and other factors, but may not act arbitrarily.

               (5)

               Changes to the Schedules of both Conventions have direct repercussions on the scope of application of Union law in the area of drug control. Council Framework Decision 2004/757/JHA (1) applies to substances listed in the Schedules to the Convention on Narcotic Drugs and the Convention on Psychotropic Substances. Council Decision 2005/387/JHA (2) does not apply to substances listed in the Schedules to the Convention on Narcotic Drugs or to the Convention on Psychotropic Substances. Thus, any change to the Schedules annexed to those Conventions is directly incorporated into common Union rules.

               (6)

               The Commission on Narcotic Drugs should decide, during its 60th session on 13 to 17 March 2017 in Vienna, on the addition of 10 new substances to the Schedules of the Conventions.

               (7)

               The Union is not a party to the relevant UN conventions. It has an observer status in the Commission on Narcotic Drugs, where currently 12 Member States are members with the right to vote. It is therefore necessary that the Member States express the position of the Union on the scheduling of substances under the Convention on Narcotic Drugs and the Convention on Psychotropic Substances.

               (8)

               The position to be adopted on the Union's behalf at the next session of the Commission on Narcotic Drugs only concerns the scheduling of substances under the Conventions. Matters other than the scheduling of substances are not the object of the present decision and will be dealt by the Member States through coordination in the margins of the session of the Commission on Narcotic Drugs as appropriate. This Decision is without prejudice to the delimitation of competences between the Union and the Member States on other matters in relation to the Conventions.

               (9)

               The WHO recommended on 2 December 2016 to the Secretary-General of the UN to add two new substances to Schedule I of the Convention on Narcotic Drugs, and eight new substances to Schedule II of the Convention on Psychotropic Substances.

               (10)

               According to the assessment of the WHO Expert Committee on Drug Dependence (the Expert Committee), U-47700 (3,4-dichloro-N-(2-dimethylamino-cyclohexyl)-N-methyl-benzamide) is a compound liable to similar abuse as and with similar ill-effects to those of controlled opioids such as morphine and AH-7921, that are included in Schedule I of the Convention on Narcotic Drugs. It has no recorded therapeutic use, and its use has resulted in fatalities. There is sufficient evidence that it is being or is likely to be abused, and may become a public health and social problem that warrants placing the substance under international control. Consequently, the WHO recommends that U-47700 be placed in Schedule I of the Convention on Narcotic Drugs.

               (11)

               U-47700 is monitored by the European Monitoring Centre for Drugs and Drug Addiction as a new psychoactive substance under the terms of Decision 2005/387/JHA. U-47700 has been detected in 14 Member States. It has been sold openly on the market. It has been associated with serious adverse events, including deaths, and has been the subject of a public health-related alert issued to the Union Early Warning System.

               (12)

               Therefore, the Member States should take the position to add U-47700 to Schedule I of the Convention on Narcotic Drugs.

               (13)

               According to the assessment of the Expert Committee, butyrfentanyl (N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]butanamide) is a compound liable to similar abuse as and with similar ill-effects to those of controlled opioids, such as morphine and fentanyl, that are included in Schedule I of the Convention on Narcotic Drugs. It can also be converted into fentanyl. It has no recorded therapeutic use, and its use has resulted in fatalities. There is sufficient evidence that it is being or is likely to be abused, and may constitute a public health and social problem that warrants placing the substance under international control. Thus, the WHO recommends that butyrfentanyl be placed in Schedule I of the Convention on Narcotic Drugs.

               (14)

               Butyrfentanyl is monitored by the European Monitoring Centre for Drugs and Drug Addiction as a new psychoactive substance under the terms of Decision 2005/387/JHA. Butyrfentanyl has been detected in six Member States. It has been sold openly on the market. It has been associated with serious adverse events, including the case of at least one death in which it was detected and has been the subject of a public-health-related alert issued to the Union Early Warning System.

               (15)

               Therefore, the Member States should take the position to add butyrfentanyl to Schedule I of the Convention on Narcotic Drugs.

               (16)

               According to the assessment of the Expert Committee, the degree of risk to public health and society associated with the abuse of 4-methylethcathinone or 4-MEC (2-(ethylamino)-1-(4-methylphenyl) propan-1-one) is substantial. 4-MEC has no recorded therapeutic use. The Expert Committee recognises that 4-MEC has similar abuse potential to and similar ill-effects to those of substances in Schedule II of the Convention on Psychotropic Substances. The Expert Committee considers that there is sufficient evidence that 4-MEC is being or is likely to be abused, and therefore constitutes a public health and social problem that warrants placing the substance under international control. Thus, the WHO recommends that 4-MEC be placed in Schedule II under the Convention on Psychotropic Substances.

               (17)

               4-MEC is monitored by the European Monitoring Centre for Drugs and Drug Addiction as a new psychoactive substance under the terms of Decision 2005/387/JHA. 4-MEC has been detected in 19 Member States. It has been sold openly on the market. It has been associated with small number of serious adverse events, including deaths.

               (18)

               Therefore, the Member States should take the position to add 4-MEC to Schedule II of the Convention on Psychotropic Substances.

               (19)

               According to the assessment of the Expert Committee, the degree of risk to public health and society associated with the abuse of ethylone (1-(2H-1,3-benzodioxol-5-yl)-2-(ethylamino)propan-1-one) is substantial. Ethylone has no recorded therapeutic use. The Expert Committee recognises that ethylone (1-(2H-1,3-benzodioxol-5-yl)-2-(ethylamino)propan-1-one) has similar abuse potential to and similar ill-effects to those of substances in Schedule II of the Convention on Psychotropic Substances. The Expert Committee considers that there is sufficient evidence that ethylone is being or is likely to be abused, and therefore constitutes a public health and social problem that warrants the placing of the substance under international control. Thus, the WHO recommends that ethylone be placed in Schedule II under the Convention on Psychotropic Substances.

               (20)

               Ethylone is monitored by the European Monitoring Centre for Drugs and Drug Addiction as a new psychoactive substance under the terms of Decision 2005/387/JHA. Ethylone has been detected in 19 Member States. It has been sold openly on the market. It has been associated with small number of serious adverse events, including deaths.

               (21)

               Therefore, the Member States should take the position to add ethylone to Schedule II of the Convention on Psychotropic Substances.

               (22)

               According to the Expert Committee, the degree of risk to public health and society associated with the abuse of pentedrone or α-methylaminovalerophenone (2-(methylamino)-1-phenylpentan-1-one), is substantial. Pentedrone has no recorded therapeutic use. The Expert Committee recognises that pentedrone has similar abuse to and similar ill-effects to those of substances in Schedule II of the Convention on Psychotropic Substances. The Expert Committee considers that there is sufficient evidence that pentedrone is being or is likely to be abused, and therefore constitutes a public health and social problem that warrants placing the substance under international control. Thus, the WHO recommends that pentedrone be placed in Schedule II under the Convention on Psychotropic Substances.

               (23)

               Pentedrone is monitored by the European Monitoring Centre for Drugs and Drug Addiction as a new psychoactive substance under the terms of Decision 2005/387/JHA. Pentedrone has been detected in 18 Member States. It has been sold openly on the market. It has been associated with a small number of serious adverse events, including deaths.

               (24)

               Therefore, the Member States should take the position to add pentedrone to Schedule II of the Convention on Psychotropic Substances.

               (25)

               According to the Expert Committee, the degree of risk to public health and society associated with the abuse of ethylphenidate or EPH (ethyl phenyl(piperidin-2-yl)acetate) is substantial. Ethylphenidate has no recorded therapeutic use. The Expert Committee recognises that ethylphenidate has similar abuse potential to and similar ill-effects to those of substances in Schedule II of the Convention on Psychotropic Substances. The Expert Committee considers that there is sufficient evidence that ethylphenidate is being or is likely to be abused, and therefore constitutes a public health and social problem that warrants placing the substance under international control. Thus, the WHO recommends that ethylphenidate be placed in Schedule II under the Convention on Psychotropic Substances.

               (26)

               Ethylphenidate is monitored by the European Monitoring Centre for Drugs and Drug Addiction as a new psychoactive substance under the terms of Decision 2005/387/JHA. Ethylphenidate has been detected in 13 Member States. It has been sold openly on the market. It has been associated with serious adverse events, including soft tissue infections and deaths. Soft tissue infections related to injection have been the subject of a public-health-related alert issued to the Union Early Warning System.

               (27)

               Therefore, the Member States should take the position to add ethylphenidate to Schedule II of the Convention on Psychotropic Substances.

               (28)

               According to the Expert Committee, the degree of risk to public health and society associated with the abuse of MPA or methiopropamine (N-methyl-1-(thiophen-2-yl)propan-2-amine) is substantial. MPA has no recorded therapeutic use. The Expert Committee recognises that MPA has similar abuse potential to and similar ill-effects to those of substances in Schedule II of the Convention on Psychotropic Substances. The Expert Committee considers that there is sufficient evidence that MPA is being or is likely to be abused, and therefore constitutes a public health and social problem that warrants placing the substance under international control. Thus the WHO recommends that methiopropamine be placed in Schedule II under the Convention on Psychotropic Substances.

               (29)

               MPA is monitored by the European Monitoring Centre for Drugs and Drug Addiction as a new psychoactive substance under the terms of Decision 2005/387/JHA. MPA has been detected in 17 Member States. It has been sold openly on the market. It has been associated with serious adverse events, including deaths.

               (30)

               Therefore, the Member States should take the position to add methiopropamine to Schedule II of the Convention on Psychotropic Substances.

               (31)

               According to the Expert Committee, the degree of risk to public health and society associated with the abuse of MDMB-CHMICA (methyl N-{[1-(cyclohexylmethyl)-1H-indol-3-yl]carbonyl}-3-methyl-L-valinate) is substantial. MDBD-CHMICA has no recorded therapeutic use. The Expert Committee recognises that MDBD-CHMICA has similar abuse to and similar ill-effects to those of substances in Schedule II of the Convention on Psychotropic Substances. The Expert Committee considers that there is sufficient evidence that MDMB-CHMICA is being or is likely to be abused, and therefore constitutes a public health and social problem that warrants placing the substance under international control. Thus, the WHO recommends that MDMB-CHMICA be placed in Schedule II under the Convention on Psychotropic Substances.

               (32)

               According to the risk assessment report of the European Monitoring Centre for Drugs and Drug Addiction, which was conducted under Article 6(2), (3) and (4) of Decision 2005/387/JHA and submitted on 28 July 2016 to the Commission and to the Council, the high potency of MDMB-CHMICA and the highly variable amounts of the compound in ‘legal high’ products constitute a high risk of acute toxicity. Eight Member States have reported a total of 28 deaths and 25 acute intoxications associated with MDMB-CHMICA. The Commission therefore adopted on 31 August 2016 a proposal to subject MDMB-CHMICA to Union-wide control measures.

               (33)

               Therefore, the Member States should take the position to add MDMB-CHMICA to Schedule II of the Convention on Psychotropic Substances.

               (34)

               According to the Expert Committee, the degree of risk to public health and society associated with the abuse of 5F-APINACA or 5F-AKB-48 (N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide) is substantial. It has no recorded therapeutic use. The Expert Committee recognises that 5F-APINACA has similar abuse potential to and similar ill-effects to those of substances in Schedule II of the Convention on Psychotropic Substances. The Expert Committee considers that there is sufficient evidence that 5F-APINACA is being or is likely to be abused, and therefore constitutes a public health and social problem that warrants placing the substance under international control. Thus, the WHO recommends that 5F-APINACA be placed in Schedule II under the Convention on Psychotropic Substances.

               (35)

               5F-APINACA is monitored by the European Monitoring Centre for Drugs and Drug Addiction as a new psychoactive substance under the terms of Decision 2005/387/JHA. 5F-APINACA has been detected in 23 Member States. It has been sold openly on the market. It has been associated with serious adverse events, including deaths.

               (36)

               Therefore, the Member States should take the position to add 5F-APINACA to Schedule II of the Convention on Psychotropic Substances.

               (37)

               According to the Expert Committee, the degree of risk to public health and society associated with the abuse of XLR-11 [1-(5-fluoropentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone is substantial. XLR-11 has no recorded therapeutic use. The Expert Committee recognises that XLR-11 has similar abuse potential to and similar ill-effects to those of substances in Schedule II of the Convention on Psychotropic Substances such as JWH-018 and AM-2201. The Expert Committee considers that there is sufficient evidence that XLR-11 is being or is likely to be abused, and therefore constitutes a public health and social problem that warrants placing the substance under international control. Thus, the WHO recommends that XLR-11 be placed in Schedule II under the Convention on Psychotropic Substances.

               (38)

               XLR-11 is monitored by the European Monitoring Centre for Drugs and Drug Addiction as a new psychoactive substance under the terms of Decision 2005/387/JHA. XLR-11 has been detected in 17 Member States. It has been sold openly on the market. It has been associated with small number of serious adverse events, including at least one death in which it was detected, and has been the subject of a public-health-related alert issued to the Union Early Warning System.

               (39)

               Therefore, the Member States should take the position to add XLR-11 to Schedule II of the Convention on Psychotropic Substances.

               (40)

               Denmark is bound by Framework Decision 2004/757/JHA and Decision 2005/387/JHA and is therefore taking part in the adoption and application of this Decision.

               (41)

               Ireland is bound by Framework Decision 2004/757/JHA and Decision 2005/387/JHA and is therefore taking part in the adoption and application of this Decision.

               (42)

               The United Kingdom is not bound by Framework Decision 2004/757/JHA and Decision 2005/387/JHA and is therefore not taking part in the adoption of this Decision, and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on the Union's behalf by the Member States in the Commission on Narcotic Drugs on 13 to 17 March 2017, when that body is called upon to adopt decisions on the addition of substances to the Schedules of the United Nations Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol and the United Nations Convention on Psychotropic Substances of 1971 at its 60th session, shall be in accordance with the Annex to this Decision.
   The position shall be expressed by the Member States that are members of the Commission on Narcotic Drugs, acting jointly in the interest of the Union.
   Article 2
   This Decision is addressed to the Member States in accordance with the Treaties.

      Done at Brussels, 7 March 2017.

            For the Council

            The President

         L. GRECH

      (1)  Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (OJ L 335, 11.11.2004, p. 8).

      (2)  Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk-assessment and control of new psychoactive substances (OJ L 127, 20.5.2005, p. 32).

      ANNEX
      Position to be taken by the Member States which are members of the Commission on Narcotic Drugs acting jointly in the interest of the Union during the 60th session of the Commission on Narcotic Drugs on 13 to 17 March 2017 regarding changes in the scope of control of substances:

                  (1)

                  U-47700 is to be included in Schedule I of the Single Convention of Narcotic Drugs of 1961 as amended by the 1972 Protocol.

                  (2)

                  Butyrfentanyl is to be included in Schedule I of the Single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol.

                  (3)

                  4-MEC (4-methylethcathinone) is to be included in Schedule II of 1971 Convention on Psychotropic Substances.

                  (4)

                  Ethylone is to be included in Schedule II of the Convention on Psychotropic Substances of 1971.

                  (5)

                  Pentedrone (α-methylaminovalerophenone) is to be included in Schedule II of the Convention on Psychotropic Substances of 1971.

                  (6)

                  Ethylphenidate (EPH) is to be included in Schedule II of the Convention on Psychotropic Substances of 1971.

                  (7)

                  MPA (methiopropamine) is to be included in Schedule II of the Convention on Psychotropic Substances of 1971.

                  (8)

                  MDMB-CHMICA is to be included in Schedule II of the Convention on Psychotropic Substances of 1971.

                  (9)

                  5F-APINACA (5F-AKB48) is to be included in Schedule II of the Convention on Psychotropic Substances of 1971.

                  (10)

                  XLR-11 is to be included in Schedule II of the Convention on Psychotropic Substances of 1971.


title: Council Decision (EU) 2016/1224 of 18 July 2016 on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union

text:
               28.7.2016

               EN

               Official Journal of the European Union

               L 202/1

         COUNCIL DECISION (EU) 2016/1224
   of 18 July 2016
   on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with point (a) of Article 218(6) and Article 218(8) thereof,
   Having regard to the 2003 Act of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part (‘Protocol’), was signed on behalf of the Union and its Member States on 1 April 2015.

               (2)

               The Protocol should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union, is hereby approved on behalf of the Union and its Member States (1).
   Article 2
   The President of the Council shall, on behalf of the Union, make the following notification:

      ‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community”; or to “the Community” in the text of the Euro-Mediterranean Agreement and of the Protocol are, where appropriate, to be read as to “the European Union” or to “the Union”.’.

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

      Done at Brussels, 18 July 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  The Protocol is attached to the decision on signature.


title: 2009/124/EC: Commission Decision of 4 February 2009 appointing members representing the private sector in the Joint Transfer Pricing Forum, expert group on transfer pricing

text:
               13.2.2009

               EN

               Official Journal of the European Union

               L 42/18

      COMMISSION DECISION

   of 4 February 2009
   appointing members representing the private sector in the Joint Transfer Pricing Forum, expert group on transfer pricing
   (2009/124/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Commission Decision 2007/75/EC of 22 December 2006 setting up an expert group on transfer pricing (1) to advise the Commission on transfer pricing tax issues, and in particular Article 4 thereof,
   Having regard to the call for applications for business members and chairperson for the Joint Transfer Pricing Forum, published on 22 December 2006 on the website of Taxation and Customs Union Directorate-General,
   Having regard to Commission Decision 2007/233/EC of 12 April 2007 on appointment of members representing the private sector in the Joint Transfer Pricing Forum, expert group on transfer pricing (2) for a two-year renewable term of office,
   Whereas:

               (1)

               According to Article 4 of Decision 2007/75/EC, the Commission shall appoint a chairperson and a maximum of 15 specialists from the private sector with experience and competence in transfer pricing,

               (2)

               The term of office of the members representing the private sector in the Joint Transfer Pricing Forum expires on 28 February 2009. It is necessary therefore, to appoint a replacement for one member and to renew the term of the chairperson and other existing members.

               (3)

               The members of the Joint Transfer Pricing Forum should be appointed for a period of two years starting on 1 March 2009,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Commission herewith appoints for a period of two years the chairperson and 15 members representing the private sector in the Joint Transfer Pricing Forum, expert group, whose names are reproduced in the Annex.
   Article 2
   The Decision shall take effect on 1 March 2009.

      Done at Brussels, 4 February 2009.

            For the Commission

         Robert VERRUE

            Director-General for Taxation and Customs Union

      (1)  OJ L 32, 6.2.2007, p. 189.

      (2)  OJ L 100, 17.4.2007, p. 25.

      ANNEX
      Reappointed Chairperson
      Bruno GIBERT

         Members representing the private sector

      Reappointed Members
      Dirk VAN STAPPEN
      Isabel VERLINDEN
      Svetla MARINOVA
      Werner STUFFER
      Heinz-Klaus KROPPEN
      Kennet PETTERSSON
      Sabine WAHL
      Guglielmo MAISTO
      Guy KERSCH
      Theo KEIJZER
      Monique VAN HERKSEN
      Eduardo GRACIA
      Michael SUFRIN
      Nicholas DEE
      New Member
      Andrea BONZANO


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41999D0010

The Schengen acquis - Decision of the Executive Committee of 28 April 1999 on the illegal trade in firearms (SCH/Com-ex (99) 10)

Official Journal L 239 , 22/09/2000 P. 0469 - 0473

DECISION OF THE EXECUTIVE COMMITTEEof 28 April 1999on the illegal trade in firearms(SCH/Com-ex (99) 10)THE EXECUTIVE COMMITTEE,Having regard to Article 132 of the Convention implementing the Schengen Agreement,Having regard to Article 9 of the abovementioned Convention,HAS DECIDED AS FOLLOWS:Henceforth, the Contracting Parties shall submit each year by 31 July their national annual data for the preceding year on illegal trade in firearms, on the basis of the joint table for compiling statistics annexed to document SCH/I-ar (98) 32.Luxembourg, 28 April 1999.The ChairmanC. H. SchapperANNEXSCH/I-Ar (98) 32>PIC FILE= "L_2000239EN.047002.EPS">>PIC FILE= "L_2000239EN.047101.EPS">>PIC FILE= "L_2000239EN.047201.EPS">>PIC FILE= "L_2000239EN.047301.EPS">


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32003B0420

2003/420/ECSC: European Parliament Decision of 8 April 2003 concerning discharge in respect of the implementation of the budget of the European Coal and Steel Community (ECSC) for the financial year 2001

Official Journal L 148 , 16/06/2003 P. 0102 - 0102 Official Journal 064 E , 12/03/2004 P. 0268 - 0269

European Parliament Decisionof 8 April 2003concerning discharge in respect of the implementation of the budget of the European Coal and Steel Community (ECSC) for the financial year 2001(2003/420/ECSC)THE EUROPEAN PARLIAMENT,having regard to the report of the Court of Auditors on the financial statements of the ECSC as at 31 December 2001(1),having regard to the Court of Auditors' Annual Report and Statement of Assurance concerning the ECSC for the financial year 2001, together with the Commission's replies (C5-0556/2002)(2),having regard to the ECSC Treaty and, in particular, Article 78g thereof,having regard to Rules 93 and 93a of and Annex V to its Rules of Procedure,having regard to the Council Recommendation of 7 March 2003 (C5-0087/2003),having regard to the report of the Committee on Budgetary Control (A5-0068/2003),1. Grants discharge to the Commission in respect of the implementation of the budget of the ECSC on the basis of the figures shown in the annex below relating to the implementation of the ECSC operating budget for the 2001 financial year;2. Records its comments in the accompanying resolution;3. Instructs its President to forward this decision and the accompanying resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee and the European Investment Bank and to have them published in the Official Journal of the European Union (L series).The Secretary-GeneralJulian PriestleyThe PresidentPat Cox(1) OJ C 158, 3.7.2002, p. 2.(2) OJ C 302, 5.12.2002.


title: Council Decision (EU) 2017/225 of 7 February 2017 on the conclusion, on behalf of the Union, of the Agreement between the European Union and Tuvalu on the short-stay visa waiver

text:
               10.2.2017

               EN

               Official Journal of the European Union

               L 35/1

         COUNCIL DECISION (EU) 2017/225
   of 7 February 2017
   on the conclusion, on behalf of the Union, of the Agreement between the European Union and Tuvalu on the short-stay visa waiver
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with point (a)(v) of the second subparagraph of Article 218(6) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated on behalf of the Union an agreement with Tuvalu on the short-stay visa waiver (the ‘Agreement’).

               (2)

               In accordance with Council Decision (EU) 2016/1342 (2), the Agreement has been signed and is applied on a provisional basis as from 1 July 2016.

               (3)

               The Agreement sets up a Joint Committee of experts for the management of the Agreement. The Union is to be represented within that Joint Committee by the Commission, which should be assisted by the representatives of the Member States.

               (4)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (5)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (6)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and Tuvalu on the short-stay visa waiver is hereby approved on behalf of the Union.
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 8(1) of the Agreement (5).
   Article 3
   The Commission, assisted by the representatives of the Member States, shall represent the Union within the Joint Committee of experts set up pursuant to Article 6 of the Agreement.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 7 February 2017.

            For the Council

            The President

         L. GRECH

      (1)  Consent given on 1 December 2016.

      (2)  Council Decision (EU) 2016/1342 of 24 June 2016 on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and Tuvalu on the short-stay visa waiver (OJ L 213, 6.8.2016, p. 1).

      (3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

      (4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

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


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32003D0032

2003/32/EC: Decision of the European Parliament and of the Council of 21 November 2002 on the mobilisation of the EU Solidarity Fund according to point 3 of the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund, supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure

Official Journal L 011 , 16/01/2003 P. 0026 - 0026

Decision of the European Parliament and of the Councilof 21 November 2002on the mobilisation of the EU Solidarity Fund according to point 3 of the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund, supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure(2003/32/EC)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund, supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure(1), and in particular point 3 thereof,Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund(2),Having regard to the proposal from the Commission,Whereas:(1) Following the disastrous floods which occurred in August and September 2002 in some Member States and candidate countries whose accession to the European Union is currently under negotiation, the European Union has decided to create a European Union Solidarity Fund (EUSF) to face disasters.(2) The Interinstitutional Agreement of 7 November 2002 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.(3) Regulation (EC) No 2012/2002 contains a specific provision whereby the Fund may retroactively be mobilised for disasters since August this year.(4) The countries concerned have transmitted to the Commission their estimate of the damages caused by the August and September 2002 floods,HAVE ADOPTED THIS DECISION:Article 1For the general budget of the European Union for the financial year 2002, the EU Solidarity Fund shall be mobilised to provide the sum of EUR 728 million in commitment appropriations.Article 2This Decision shall be published in the Official Journal of the European Communities.Done at Strasbourg, 21 November 2002.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentP. S. Møller(1) OJ C 283, 20.11.2002, p. 1.(2) OJ L 311, 14.11.2002, p. 3.


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31992D0202

92/202/EEC: Council Decision of 26 March 1992 on the conclusion of the 1986 International Cocoa Agreement

Official Journal L 089 , 04/04/1992 P. 0030 - 0030 Finnish special edition: Chapter 11 Volume 19 P. 0194  Swedish special edition: Chapter 11 Volume 19 P. 0194

COUNCIL DECISION  of 26 March 1992  on the conclusion of the 1986 International Cocoa Agreement  (92/202/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 and 116 thereof,  Having regard to the proposal from the Commission,  Whereas the European Economic Community and its Member States signed the 1986 International Cocoa Agreement on 30 September 1986 and pursuant to Decision 87/166/EEC (1), notified their intention to apply this Agreement on a provisional basis pending  completion of the internal procedures necessary for its approval;  Whereas all the Member States have indicated their intention of approving the Agreement;  Whereas the Community and the Member States should notify the Secretary-General of the United Nations Organization of their intention of approving the Agreement,  HAS DECIDED AS FOLLOWS:  Article 1  The 1986 International Cocoa Agreement is hereby approved on behalf of the Community.  The Community and its Member States, once they have completed the necessary internal procedures, shall notify the Secretary-General of the United Nations Organization of their approval of the 1986 International Cocoa Agreement, as importing members, in  accordance with the provisions of Article 67 thereof,  The text of the Agreement is attached to Decision 87/166/EEC.  Article 2  The President of the Council is hereby authorized to designate the person empowered to deposit the instrument of approval on behalf of the Community. Done at Brussels, 26 March 1992. For the Council  The President  Joaquim FERREIRA DO AMARAL   (1) OJ No L 69, 12. 3. 1987, p. 24.