title: 2011/29/EU: Decision of the European Parliament and of the Council of 15 December 2010 on the mobilisation of the Flexibility Instrument

text:
               19.1.2011

               EN

               Official Journal of the European Union

               L 14/20

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 15 December 2010
   on the mobilisation of the Flexibility Instrument
   (2011/29/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular the fifth paragraph of point 27 thereof,
   Having regard to the proposal from the European Commission,
   Whereas, after having examined all possibilities for re-allocating appropriations under subheading 1a and heading 4, at the conciliation meeting on 11 November 2010, the two arms of the budgetary authority agreed to mobilise the Flexibility Instrument to complement the financing in the 2011 budget, beyond the ceilings of subheading 1a and heading 4, of:

               —

               EUR 18 million for the Lifelong Learning programme under subheading 1a,

               —

               EUR 16 million for the Competitiveness and Innovation Programme under subheading 1a,

               —

               EUR 71 million for Palestine under heading 4,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2011, the Flexibility Instrument shall be mobilised to provide the sum of EUR 34 million in commitment appropriations in subheading 1a and of EUR 71 million in commitment appropriations in heading 4.
   That amount shall be used to complement the financing of:

               —

               EUR 18 million for the Lifelong Learning programme under subheading 1a,

               —

               EUR 16 million for the Competitiveness and Innovation Programme under subheading 1a,

               —

               EUR 71 million for Palestine under heading 4.

         Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 15 December 2010.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         O. CHASTEL

      (1)  OJ C 139, 14.6.2006, p. 1.


Avis juridique important

|

31983D0111

83/111/EEC: Commission Decision of 7 March 1983 amending Decision 73/351/EEC setting up an Advisory Committee on Customs Matters

Official Journal L 066 , 12/03/1983 P. 0023 - 0023 Spanish special edition: Chapter 02 Volume 9 P. 0268  Portuguese special edition Chapter 02 Volume 9 P. 0268

*****COMMISSION  DECISION  of 7 March 1983  amending Decision 73/351/EEC setting up an Advisory Committee on Customs Matters  (83/111/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas, in order to obtain the opinions of professional and consumer circles on problems arising from the operation of the customs union, the Commission set up an Advisory Committee on Customs Matters by its Decision 73/351/EEC (1), as last amended by Decision 81/342/EEC (2);  Whereas experience has shown that the number of representatives of agriculture is not sufficient to ensure that the agri-food section, which has gained increasing importance in the past years, be represented within this category and therefore participate usefully in the work of the Committee; whereas an additional seat should therefore be provided for that category,  HAS DECIDED AS FOLLOWS:  Article 1  Article 3 of Decision 73/351/EEC is hereby replaced by the following:  'Article 3  1. The Committee shall consist of 38 members.  The Committee shall be composed of representatives from the following categories: industrialists, craftsmen, agriculturists, tradesmen, carriers, banking and insurance institutions, customs agents (including specialized transport carriers), tourist boards, workers, consumers, and other parties concerned with customs problems.  2. Representation on the committee shall be as follows:  - four representatives of industry,  - one representative of craft industry,  - four representatives of agriculture (of which one shall be a representative of agricultural cooperatives and one shall be a representative of the agri-food section),  - four representatives of commercial organizations,  - four representatives of Chambers of Commerce and Industry,  - one representative of rail transport,  - one representative of road transport,  - one representative of shipping,  - one representative of inland waterways transport,  - one representative of air transport,  - one representative of banking institutions,  - one representative of insurance institutions,  - three representatives of customs agents (including specialized transport carriers),  - two representatives of tourist boards,  - four representatives of workers,  - three representatives of consumers (of which one shall be for consumer cooperatives),  - two representatives of other parties concerned with customs problems.'  Article 2  This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.  Done at Brussels, 7 March 1983.  For the Commission  Karl-Heinz NARJES  Member of the Commission  (1) OJ No L 321, 22. 11. 1973, p. 37.  (2) OJ No L 133, 20. 5. 1981, p. 31.


title: 2009/473/EC: Council Decision of 28 May 2009 concerning the conclusion of an Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea

text:
               19.6.2009

               EN

               Official Journal of the European Union

               L 156/31

         COUNCIL DECISION
   of 28 May 2009
   concerning the conclusion of an Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea
   (2009/473/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Community has negotiated with the Republic of Guinea a Fisheries Partnership Agreement providing Community vessels with fishing opportunities in the waters over which the Republic of Guinea has sovereignty or jurisdiction in respect of fisheries.

               (2)

               As a result of those negotiations, a new Fisheries Partnership Agreement was initialled on 20 December 2008.

               (3)

               The Fisheries Agreement between the European Community, of the one part, and the Government of the Republic of Guinea, of the other part, of 28 March 1983 should be repealed by the new Fisheries Partnership Agreement.

               (4)

               In order to guarantee the continuation of fishing activities by Community vessels, it is essential that the new Fisheries Partnership Agreement be applied as quickly as possible. Both parties have therefore initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the new Fisheries Partnership Agreement as from 1 January 2009.

               (5)

               It is in the Community’s interest to approve the Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement.

               (6)

               The method for allocating the fishing opportunities among the Member States should be defined,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea on fishing off the coast of Guinea for the period from 1 January 2009 to 31 December 2012 is hereby approved on behalf of the Community, subject to the Council Decision on the conclusion of the Agreement.
   The text of the said Agreement in the form of an Exchange of Letters is attached to this Decision.
   Article 2
   1.   The fishing opportunities set out in the Protocol shall be allocated among the Member States as follows:

               (a)

               tuna seiners:

                           Spain

                           15 vessels

                           France

                           11 vessels

                           Italy

                           2 vessels

               (b)

               pole-and-line vessels:

                           Spain

                           8 vessels

                           France

                           4 vessels

         2.   If applications for fishing authorisations from the Member States referred to in paragraph 1 do not cover all the fishing opportunities set by the Protocol, the Commission may consider applications for fishing authorisations from any other Member State.
   Article 3
   The Member States whose vessels fish under the Agreement referred to in Article 1 shall notify the Commission of the quantities of each stock caught within the Republic of Guinea’s fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (1) until the date of entry into force of the regulation establishing detailed rules within the meaning of Article 30 of Council Regulation (EC) No 1006/2008 (2), and in accordance with those rules thereafter.
   Article 4
   The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.

      Done at Brussels, 28 May 2009.

            For the Council

            The President

         V. TOŠOVSKÝ

      (1)  OJ L 73, 15.3.2001, p. 8.

      (2)  Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94 (OJ L 286, 29.10.2008, p. 33).
    ---documentbreak---

               19.6.2009

               EN

               Official Journal of the European Union

               L 156/33

         AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS
   on the provisional application of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea
   Sir,
   I am delighted that the Republic of Guinea and European Community negotiators have been able to reach a consensus on a Fisheries Partnership Agreement between the Republic of Guinea and the European Community, and on a Protocol setting out the fishing opportunities and financial contribution and the annexes thereto.
   The result of these negotiations improves on the earlier Agreement and will strengthen our fisheries relations and establish a true partnership framework in which to develop a sustainable and responsible fisheries policy in Guinea’s waters. To this end, I would propose launching in parallel the procedures for approval and ratification of the texts of the Agreement, the Protocol and the Annex and Appendices thereto in accordance with the procedures in force in the Republic of Guinea and the European Community and necessary for their entry into
   In order to avoid interrupting fishing activities by Community vessels in Guinea’s waters, and referring to the Agreement and the Protocol initialled on 20 December 2008 and setting out the fishing opportunities and financial contribution from 1 January 2009 to 31 December 2012, I have the honour to inform you that the Government of the Republic of Guinea is willing to apply this Agreement and this Protocol provisionally from 1 January 2009 pending their entry into force in accordance with Article 19 of the Agreement, provided that the European Community is prepared to do likewise.
   This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid before 30 November 2009.
   I should be grateful if you would confirm the agreement of the European Community to such a provisional application.
   Please accept, Sir, the assurance of my highest consideration.

   Sir,
   I have the honour to acknowledge receipt of your letter of today’s date which reads as follows:

      ‘I am delighted that the Republic of Guinea and European Community negotiators have been able to reach a consensus on a Fisheries Partnership Agreement between the Republic of Guinea and the European Community, and on a Protocol setting out the fishing opportunities and financial contribution and the annexes thereto.
      The result of these negotiations improves on the earlier Agreement and will strengthen our fisheries relations and establish a true partnership framework in which to develop a sustainable and responsible fisheries policy in Guinea’s waters. To this end, I would propose launching in parallel the procedures for approval and ratification of the texts of the Agreement, the Protocol and the Annex and Appendices thereto in accordance with the procedures in force in the Republic of Guinea and the European Community and necessary for their entry into force.
      In order to avoid interrupting fishing activities by Community vessels in Guinea’s waters, and referring to the Agreement and the Protocol initialled on 20 December 2008 and setting out the fishing opportunities and financial contribution from 1 January 2009 to 31 December 2012, I have the honour to inform you that the Government of the Republic of Guinea is willing to apply this Agreement and this Protocol provisionally from 1 January 2009 pending their entry into force in accordance with Article 19 of the Agreement, provided that the European Community is prepared to do likewise
      This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid before 30 November 2009.
      I should be grateful if you would confirm the agreement of the European Community to such a provisional application.’

   I am pleased to confirm the agreement of the European Community to a provisional application.
   Please accept, Sir, the assurance of my highest consideration.

 ---documentbreak--- NA ---documentbreak---

               19.6.2009

               EN

               Official Journal of the European Union

               L 156/35

         FISHERIES PARTNERSHIP AGREEMENT
   between the Republic of Guinea and the European Community
   THE REPUBLIC OF GUINEA,
   hereinafter referred to as ‘Guinea’,
   and
   THE EUROPEAN COMMUNITY,
   hereinafter referred to as ‘the Community’,
   hereinafter referred to as ‘the Parties’,
   CONSIDERING the close working relationship between the Community and Guinea, particularly in the context of the Cotonou Agreement, and their mutual desire to intensify that relationship.
   CONSIDERING the desire of the two Parties to promote the sustainable exploitation of fishery resources by means of cooperation.
   HAVING REGARD TO the United Nations Convention on the Law of the Sea.
   DETERMINED to apply the decisions and recommendations of the International Commission for the Conservation of Atlantic Tunas, hereinafter referred to as ‘ICCAT’.
   AWARE of the importance of the principles established by the Code of Conduct for Responsible Fisheries adopted at the FAO Conference in 1995.
   DETERMINED to cooperate, in their mutual interest, in promoting the introduction of responsible fisheries to ensure the long-term conservation and sustainable exploitation of living marine resources.
   CONVINCED that such cooperation must take the form of initiatives and measures which, whether taken jointly or separately, are complementary and ensure consistent policies and synergy of effort.
   INTENDING, to these ends, to commence a dialogue on the sectoral fisheries policy adopted by the Government of Guinea and to identify the appropriate means of ensuring that this policy is effectively implemented and that economic operators and civil society are involved in the process.
   DESIROUS of establishing terms and conditions governing the fishing activities of Community vessels in Guinean waters and Community support for the introduction of responsible fishing in those waters.
   RESOLVED to pursue closer economic cooperation in the fishing industry and related activities through the setting up and development of joint enterprises involving companies from both Parties,
   HEREBY AGREE AS FOLLOWS:
   Article 1
   Scope
   This Agreement establishes the principles, rules and procedures governing:

               —

               economic, financial, technical and scientific cooperation in the fisheries sector with a view to promoting responsible fishing in Guinea’s fishing zones to guarantee the conservation and sustainable exploitation of fishery resources and develop Guinea’s fisheries sector,

               —

               the conditions governing access by Community fishing vessels to Guinea’s fishing zones,

               —

               cooperation on the arrangements for policing fisheries in Guinea’s fishing zones with a view to ensuring that the above rules and conditions are complied with, that the measures for the conservation and management of fishery resources are effective and that illegal, undeclared and unregulated fishing is prevented,

               —

               partnerships between companies aimed at developing economic activities in the fisheries sector and related activities, in the common interest.

         Article 2
   Definitions
   For the purposes of this Agreement:

               (a)

               ‘Guinean authorities’ means the Ministry responsible for fisheries;

               (b)

               ‘Community authorities’ means the European Commission;

               (c)

               ‘Guinea’s fishing zone’ means the waters over which, as regards fisheries, Guinea has jurisdiction. The fishing activities by Community vessels provided for in this Agreement shall be carried out only in the zones in which fishing is authorised under Guinean law;

               (d)

               ‘fishing vessel’ means any vessel equipped for commercial exploitation of living aquatic resources;

               (e)

               ‘Community vessel’ means a fishing vessel flying the flag of a Member State of the Community and registered in the Community;

               (f)

               ‘Joint Committee’ means a committee made up of representatives of the Community and Guinea as specified in Article 10 of this Agreement;

               (g)

               ‘transhipment’ means the transfer in or off the port of some or all of the catch from one fishing vessel to another vessel;

               (h)

               ‘unusual circumstances’ means circumstances, other than natural phenomena, which are beyond the reasonable control of one of the Parties and are such as to prevent fishing activities in Guinean waters;

               (i)

               ‘ACP seamen’ means any seamen who are nationals of a non-European signatory to the Cotonou Agreement. To this end, a Guinean seaman is an ACP seaman;

               (j)

               ‘surveillance’ means the Centre National de Surveillance et de Protection des Pêches (CNSP);

               (k)

               ‘Delegation’ means the European Commission Delegation to Guinea;

               (l)

               ‘shipowner’ means any person legally responsible for a fishing vessel;

               (m)

               ‘fishing authorisation’ means the right to engage in fishing activities for a specific period, in a specific zone or specific fishery in accordance with this Agreement.

         Article 3
   Principles and objectives underlying the implementation of this Agreement
   1.   The Parties hereby undertake to promote responsible fishing in Guinea’s fishing zones on the basis of the principles of non-discrimination between the different fleets fishing in those waters, without prejudice to the agreements concluded between developing countries within a geographical region, including reciprocal fisheries agreements.
   2.   The Parties undertake to establish the principles of dialogue and of prior consultations, in particular as regards implementation of the sectoral fisheries policy on the one hand and of Community policies and measures which could have an impact on the Guinean fisheries industry on the other.
   3.   The Parties shall also cooperate in carrying out ex-ante, ongoing and ex-post evaluations, both jointly and unilaterally, of measures, programmes and actions implemented on the basis of this Agreement.
   4.   The Parties hereby undertake to ensure that this Agreement is implemented in accordance with the principles of good economic and social governance, taking care to contribute towards the creation of jobs in Guinea and respecting the state of fishery resources.
   5.   In particular, the employment of ACP seamen on board Community vessels shall be governed by the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, which shall apply as of right to the corresponding contracts and general terms of employment. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.
   Article 4
   Scientific cooperation
   1.   During the period covered by this Agreement, the Community and Guinea shall endeavour to monitor the evolution of resources in Guinea’s fishing zone.
   2.   The two Parties, on the basis of the recommendations and resolutions adopted within all the relevant international fisheries development and management organisations, and in the light of the best available scientific advice, shall consult each other within the Joint Committee provided for in Article 10 of the Agreement and adopt, where appropriate after a scientific meeting and by mutual agreement, measures to ensure the sustainable management of fishery resources affecting the activities of Community vessels.
   3.   The Parties undertake to consult one other, either directly, including at subregional level, or within the international organisations concerned, to ensure the management and conservation of living resources in the Atlantic Ocean, and to cooperate in the relevant scientific research.
   Article 5
   Access by Community vessels to the fisheries in Guinean waters
   1.   Guinea undertakes to authorise Community vessels to engage in fishing activities in its fishing zone in accordance with this Agreement, including the Protocol and Annex thereto.
   2.   The fishing activities governed by this Agreement shall be subject to the laws and regulations in force in Guinea. The Guinean authorities shall notify the Community of any amendments to that legislation. Without prejudice to any provisions which might be agreed between the Parties, Community vessels shall comply with such amendments within one month of their notification.
   3.   Guinea undertakes to take all the appropriate steps required for the effective application of the fisheries control provisions in the Protocol. Community vessels shall cooperate with the Guinean authorities responsible for carrying out such controls.
   4.   The Community undertakes to take all the appropriate steps required to ensure that its vessels comply with this Agreement and the legislation governing fisheries in the waters over which Guinea has jurisdiction, in accordance with the United Nations Convention on the Law of the Sea.
   Article 6
   Conditions governing fishing activities — Exclusivity clause
   1.   Community vessels may fish in Guinea’s fishing zone only if they are in possession of a valid fishing authorisation issued by Guinea under this Agreement and the Protocol hereto.
   2.   For fishing categories not covered by the Protocol in force, and for exploratory fishing, the Ministry may grant fishing authorisations to Community vessels. However, the granting of these authorisations remains dependent on a favourable opinion from the two Parties.
   3.   The procedure for obtaining a fishing authorisation for a vessel, the charges applicable and the method of payment to be used by shipowners shall be as set out in the Annex to the Protocol.
   Article 7
   Financial contribution
   1.   The Community shall grant Guinea a financial contribution in accordance with the terms and conditions laid down in the Protocol and Annexes. This single contribution shall be based on two elements, namely:

               (a)

               access by Community vessels to Guinea’s waters and fishery resources; and

               (b)

               Community financial support for introducing a national fisheries policy based on responsible fishing and on the sustainable exploitation of fishery resources in Guinean waters.

         2.   The element of the financial contribution referred to in paragraph 1(b) above shall be determined in the light of objectives identified by mutual agreement between the Parties in accordance with the Protocol, to be achieved in the context of the sectoral fisheries policy drawn up by the Government of Guinea and an annual and multiannual programme for its implementation.
   3.   The financial contribution granted by the Community shall be paid each year in accordance with the Protocol and subject to this Agreement and the Protocol in the event of any change to the amount of the contribution as a result of:

               (a)

               unusual circumstances;

               (b)

               a reduction in the fishing opportunities granted to Community vessels, made by mutual agreement for the purposes of managing the stocks concerned, where this is considered necessary for the conservation and sustainable exploitation of resources on the basis of the best available scientific advice;

               (c)

               an increase in the fishing opportunities granted to Community vessels, made by mutual agreement between the Parties where the best available scientific advice concurs that the state of resources so permits;

               (d)

               a joint reassessment of the terms of financial support for implementing a sectoral fisheries policy in Guinea, where this is warranted by the results of the annual and multiannual programming observed by both Parties;

               (e)

               termination of this Agreement under Article 15;

               (f)

               suspension of the application of this Agreement under Article 14.

         Article 8
   Promoting cooperation among economic operators and civil society
   1.   The Parties shall encourage economic, scientific and technical cooperation in the fisheries sector and related sectors. They shall consult one another with a view to coordinating the different measures that might be taken to this end.
   2.   The Parties undertake to promote exchanges of information on fishing techniques and gear, preservation methods and the processing of fishery products.
   3.   The Parties shall endeavour to create conditions favourable to the promotion of relations between their enterprises in the technical, economic and commercial spheres, by working towards establishing an environment favourable to the development of business and investment.
   4.   The Parties shall encourage, in particular, the setting-up of joint enterprises in their mutual interest which shall systematically comply with Guinean and Community legislation.
   Article 9
   Administrative cooperation
   The Contracting Parties, desirous of ensuring the effectiveness of the measures for the development and conservation of fishery resources, shall:

               —

               develop administrative cooperation with a view to ensuring that their vessels comply with the provisions of this Agreement and with Guinean sea fisheries rules, each on its own behalf,

               —

               cooperate to prevent and combat illegal, undeclared and unregulated fishing, in particular through the exchange of information and close administrative cooperation.

         Article 10
   Joint Committee
   1.   A Joint Committee shall be set up to monitor and check the application of this Agreement. The Joint Committee shall perform the following functions:

               (a)

               monitoring the performance, interpretation and smooth operation of the application of the Agreement, and the settlement of disputes;

               (b)

               monitoring and evaluating the contribution of the Fisheries Partnership Agreement to the implementation of Guinea’s sectoral fisheries policy;

               (c)

               providing the necessary liaison for matters of mutual interest relating to fisheries;

               (d)

               acting as a forum for the amicable settlement of any disputes regarding the interpretation or application of the Agreement;

               (e)

               reassessing, where appropriate, the level of fishing opportunities and, consequently, of the financial contribution;

               (f)

               defining the conditions governing fishing in accordance with the Protocol;

               (g)

               fixing the practical arrangements for the administrative cooperation provided for in Article 9 of this Agreement;

               (h)

               any other function that the Parties decide by mutual agreement to confer on it, including with regard to combating illegal, undeclared and unregulated fishing and administrative cooperation.

         2.   The Joint Committee shall meet at least once a year, alternately in Guinea and in the Community, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either of the Parties.
   Article 11
   Geographical area to which the Agreement applies
   This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community applies, under the conditions laid down in that Treaty, and, on the other, to the territory of Guinea and the waters under Guinean jurisdiction.
   Article 12
   Duration
   This Agreement shall apply for four years from the date of its entry into force; it shall be tacitly renewed for four-year periods, unless notice of termination is given in accordance with Article 15.
   Article 13
   Settlement of disputes
   The Contracting Parties shall consult each other on any dispute concerning the interpretation and/or application of this Agreement.
   Article 14
   Suspension
   1.   Application of this Agreement may be suspended at the initiative of one of the Parties in the event of a serious disagreement as to the application of provisions laid down in the Agreement. Suspension of application of the Agreement shall require the interested Party to notify its intention in writing at least three months before the date on which suspension is due to take effect. On receipt of this notification, the Parties shall enter into consultations with a view to resolving their differences amicably.
   2.   Payment of the financial contribution referred to in Article 7 shall be reduced proportionately and pro rata temporis, according to the duration of the suspension.
   Article 15
   Termination
   1.   This Agreement may be terminated by either Party in the event of unusual circumstances such as the degradation of the stocks concerned, the discovery of a reduction in the level of fishing opportunities granted by Guinea to Community vessels, or failure to comply with undertakings made by the Parties with regard to combating illegal, undeclared and unregulated fishing.
   2.   The Party concerned shall notify the other Party in writing of its intention to terminate the Agreement at least six months before the date of expiry of the initial period or each additional period.
   3.   Dispatch of the notification referred to in paragraph 2 shall open consultations by the Parties.
   4.   Payment of the financial contribution referred to in Article 7 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis.
   Article 16
   Protocol and Annex
   The Protocol and the Annex shall form an integral part of this Agreement.
   Article 17
   National law
   The activities of Community fishing vessels operating in Guinean waters shall be governed by the applicable law in Guinea, unless otherwise provided for in the Agreement, this Protocol and the Annex and Appendices hereto.
   Article 18
   Repeal
   On the date of its entry into force, this Agreement repeals and replaces the Agreement between the European Economic Community and the Republic of Guinea on fishing off the coast of Guinea which entered into force on 28 March 1983.
   Article 19
   Entry into force
   This Agreement, drawn up in duplicate in the Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English, French, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Finnish and Swedish languages, each of these texts being equally authentic, shall enter into force on the date on which the Parties notify each other in writing that they have completed their respective necessary internal procedures to that end.
   PROTOCOL
   setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Community and the Republic of Guinea on fishing off the coast of Guinea for the period from 1 January 2009 to 31 December 2012
   Article 1
   Period of application and fishing opportunities
   1.   For a period of four years from 1 January 2009, the fishing opportunities granted under Article 5 of the Agreement shall be, for highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention) as follows:

               —

               freezer tuna seiners: 28 vessels,

               —

               pole-and-line vessels: 12 vessels.

         2.   From the second year of application of this Protocol and following the joint evaluation of the state of shrimp stocks and the management of Guinean fisheries in this category, fishing opportunities for shrimp trawlers, at a rate of 800 grt per quarter, may be granted on an annual basis on the following conditions:

               —

               implementation of transparent management of access to the shrimp fishery and, in particular, of the fishing effort deployed by national and foreign fleets on this species. To this end, Guinea shall transmit annually, by 31 October of each year, a summary table of the fishing effort on this species in Guinean waters,

               —

               implementation of a surveillance, monitoring and control plan in Guinean waters,

               —

               scientific analysis of the state of the resource and results of scientific surveys, which shall be communicated annually at the same time as the information on the fishing effort.

         The conditions governing fishing for this category shall be defined by mutual agreement each year prior to the issue of the fishing authorisations and in any event prior to the payment of the additional annual financial contribution in proportion to the increase in fishing opportunities provided for in Article 2 of this Protocol.
   3.   Paragraphs 1 and 2 shall apply subject to Articles 4 and 5 of this Protocol.
   4.   Vessels flying the flag of a Member State of the European Community may engage in fishing activities in Guinea’s fishing zone only if they are in possession of a valid fishing authorisation issued by Guinea under this Protocol in accordance with the Annex hereto.
   Article 2
   Financial contribution — Methods of payment
   1.   The financial contribution referred to in Article 7 of the Agreement shall comprise, for the period referred to in Article 1(1), an annual amount of EUR 325 000 equivalent to a reference tonnage of 5 000 tonnes per year and a specific amount of EUR 125 000 per year for the support and implementation of Guinea’s sectoral fisheries policy. This specific amount shall form an integral part of the single financial contribution (1) defined in Article 7 of the Agreement.
   If additional fishing opportunities are granted, in accordance with Article 1(2), the financial contribution referred to in Article 7 of the Agreement shall also comprise, for the period referred to in Article 1(2), an amount of up to EUR 300 000 per year in proportion to the increase in fishing opportunities.
   The amounts referred to above shall be supplemented by a specific Community contribution of EUR 600 000 for the first year, EUR 400 000 for the second year and EUR 300 000 for the following years in order to reinforce the monitoring, control and surveillance system in Guinea’s fishing zones and enable Guinea to acquire a satellite surveillance system by 30 June 2010. This contribution shall be managed in accordance with Article 7 of this Protocol.
   2.   Paragraph 1 shall apply subject to Articles 4, 5, 6 and 7 of this Protocol.
   3.   The Community shall pay the total amount fixed in paragraph 1 (i.e. EUR 1 050 000 for the first year and, where appropriate, EUR 1 150 000 for the second year and EUR 1 050 000 for the following years) each year during the period of application of this Protocol (2). These amounts shall not prejudice any changes in fishing opportunities or any inclusion of new fishing opportunities which may be decided in accordance with Articles 4 and 5 of this Protocol.
   4.   If the overall quantity of catches by Community vessels in Guinea’s fishing zones exceeds the reference tonnage, the amount of the annual financial contribution shall be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the Community may not be more than twice the amount indicated in paragraph 3 (i.e. EUR 1 050 000 for the first year and, where appropriate, EUR 1 150 000 for the second year and EUR 1 050 000 for the following years). Where the quantities caught by Community vessels exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.
   5.   Payment of the financial contribution laid down in paragraph 1 shall be made no later than 30 November 2009 in the first year and no later than 1 February in the following years.
   6.   Subject to Article 6, the allocation of these funds, except for the specific contribution provided for in the third subparagraph of Article 2(1) of this Protocol, shall be decided within the framework of the Guinean Finance Act and, this being the case, the Guinean authorities shall have full discretion regarding the use to which it is put.
   7.   The payments provided for in this Article shall be paid into a Public Treasury account opened at the Banque Centrale de la République de Guinée, the details of which shall be notified each year by the Ministry, except in the case of the specific contribution provided for in the third subparagraph of Article 2(1), which shall be paid directly into a Centre National de Surveillance et de Protection des Pêches account, and the first year following the adoption by the two Parties of the programming of these funds.
   Article 3
   Cooperation on responsible fishing — Scientific cooperation
   1.   The Parties hereby undertake to promote responsible fishing in Guinean waters on the basis of the principles of non-discrimination between the different fleets fishing in those waters.
   2.   During the period covered by this Protocol, the Community and the Guinean authorities shall endeavour to monitor the evolution of resources in Guinea’s fishing zone.
   3.   The Parties undertake to promote cooperation at subregional level on responsible fishing and, in particular, within the International Commission for the Conservation of Atlantic Tunas (ICCAT) and any other subregional or international organisation concerned.
   4.   In accordance with Article 4 of the Agreement and in the light of the best available scientific advice, the Parties shall consult each other within the Joint Committee provided for in Article 10 of the Agreement and adopt, where appropriate after a scientific meeting possibly at subregional level, and by mutual agreement, measures to ensure the sustainable management of fishery resources affecting the activities of Community vessels. Those measures shall take account of the recommendations and resolutions adopted within the International Commission for the Conservation of Atlantic Tunas (ICCAT).
   Article 4
   Review of fishing opportunities by mutual agreement
   1.   The fishing opportunities referred to in Article 1 may be increased by mutual agreement provided that the conclusions of the scientific meeting referred to in Article 3(4) of this Protocol confirm that such an increase will not endanger the sustainable management of Guinea’s resources. In this case the financial contribution referred to in Article 2(1) shall be increased proportionately and pro rata temporis.
   2.   Conversely, if the Parties agree to adopt a reduction in the fishing opportunities provided for in Article 1, the financial contribution shall be reduced proportionately and pro rata temporis.
   3.   The allocation of the fishing opportunities among different categories of vessels may also be reviewed, following consultations and by mutual agreement between the Parties, provided that any changes comply with recommendations made by the scientific meeting referred to in Article 3(4) of this Protocol regarding the management of stocks liable to be affected by such redistribution. The Parties shall agree on the corresponding adjustment of the financial contribution where the redistribution of fishing opportunities so warrants.
   Article 5
   Other fishing opportunities
   1.   Should Community vessels be interested in fishing activities which are not indicated in Article 1, the Community shall consult Guinea in order to seek authorisation for these new activities. Where appropriate, the Parties shall agree on the conditions applicable to these new fishing opportunities and, if necessary, make amendments to this Protocol and to the Annex hereto.
   2.   The Parties may carry out joint exploratory fishing surveys in Guinea’s fishing zones, subject to an opinion by the scientific meeting provided for in Article 3(4) of this Protocol. To this end, they shall hold consultations whenever one of the Parties so requests and determine, on a case-by-case basis, relevant new resources, conditions and other parameters.
   3.   The two Parties shall carry out exploratory fishing activities in accordance with scientific, administrative and financial parameters adopted by mutual agreement. The authorisations for exploratory fishing shall be granted for test purposes, for a maximum of two six-month trips, from the date decided by mutual agreement between the two Parties.
   4.   Where the Parties conclude that the exploratory surveys have produced positive results, while preserving ecosystems and conserving living marine resources, new fishing opportunities may be awarded to Community vessels following the consultation procedure provided for in Article 4 of this Protocol and until the expiry of the Protocol and in accordance with the allowable effort. The financial contribution shall be increased accordingly.
   Article 6
   Suspension and review of the payment of the financial contribution in the event of unusual circumstances
   1.   Where unusual circumstances, other than natural phenomena, prevent fishing activities in Guinea’s exclusive economic zone (EEZ), the European Community may suspend payment of the financial contribution provided for in Article 2(1) of this Protocol.
   2.   The suspension decision in the cases provided for in paragraph 1 above shall be taken following consultations between the two Parties within a period of two months following the request of one of the Parties, and provided that the Community has paid in full any amounts due at the time of suspension.
   3.   Payment of the financial contribution shall resume as soon as the Parties find, by mutual agreement following consultations, that the circumstances preventing fishing activities are no longer present and/or that the situation allows a resumption of fishing activities.
   4.   Where the validity of the fishing authorisations granted to Community vessels is suspended along with the payment of the financial contribution, it shall be extended by a period equal to the period during which fishing activities were suspended.
   Article 7
   Promotion of responsible fishing in Guinean waters
   1.   The entire amount of the financial contribution and specific contribution set in Article 2(1) of this Protocol shall be allocated each year to the support and implementation of initiatives taken in the context of the sectoral fisheries policy drawn up by the Government of Guinea and approved by the two Parties as detailed below.
   Guinea shall manage the corresponding amount following the identification by mutual agreement between the two Parties, in accordance with the current priorities of Guinea’s fisheries policy for ensuring sustainable and responsible management of the sector, of the objectives to be attained and the annual and multiannual programming required to attain them, pursuant to paragraph 2 below, in particular as regards control and surveillance, the management of resources, improving the health and hygiene conditions of fishery products and strengthening the inspection capacity of the competent authorities.
   2.   On a proposal from Guinea and for the purposes of implementing the preceding paragraph, as soon as this Protocol enters into force and no later than three months after that date, the Community and Guinea shall agree, within the Joint Committee provided for in Article 10 of the Agreement, on a multiannual sectoral programme and detailed implementing rules covering, in particular:

               (a)

               annual and multiannual guidelines for using the percentage of the financial contribution referred to in paragraph 1 above and its specific amounts for the initiatives to be carried out each year;

               (b)

               objectives, both annual and multiannual, to be achieved with a view to promoting over the long term responsible fishing and sustainable fisheries, taking account of the priorities expressed by Guinea in its national fisheries policy and other policies relating to or having an impact on the promotion of responsible fishing and sustainable fisheries;

               (c)

               criteria and procedures for evaluating the results obtained each year.

         3.   The two Parties agree, however, to place particular emphasis on all the support measures for fisheries monitoring, control and surveillance, including surveillance of Guinean waters by sea and by air, setting up a satellite-based vessel monitoring system (VMS) and improving the legal framework and its application in the event of infringements.
   4.   Any proposed amendments to the multiannual sectoral programme or to the use of the specific amounts for the initiatives to be carried out each year must be approved by both Parties within the Joint Committee.
   5.   Each year, Guinea shall allocate the share corresponding to the amounts referred to in paragraph 1 with a view to implementing the multiannual programme. For the first year of application of the Protocol, that allocation shall be notified to the Community as soon as possible and in any event before the multiannual sectoral programme is approved within the Joint Committee. For each year thereafter, Guinea shall notify the Community of the allocation no later than 31 January of the previous year.
   6.   Where the joint annual evaluation of the progress made in implementing the multiannual sectoral programme so warrants, the European Community may adjust the amount earmarked for the support and implementation of Guinea’s sectoral fisheries policy within the financial contribution referred to in Article 2(1) of this Protocol in order to bring the actual amount of financial resources allocated to implementation of the programme into line with its results.
   7.   The Community reserves the right to suspend payment of the specific contribution provided for in the third subparagraph of Article 2(1) of this Protocol where, save in exceptional and duly justified circumstances, the results obtained from the first year of application of the Protocol are found to be inconsistent with the programming following the evaluation carried out within the Joint Committee.
   Article 8
   Disputes — Suspension of application of the Protocol
   1.   Any dispute between the Parties over the interpretation of this Protocol or its application shall be the subject of consultations between the Parties within the Joint Committee provided for in Article 10 of the Agreement, in a special meeting if necessary.
   2.   Without prejudice to Article 9, application of the Protocol may be suspended at the initiative of one Party if the dispute between the two Parties is deemed to be serious and the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.
   3.   Suspension of application of the Protocol shall require the interested Party to notify its intention in writing at least three months before the date on which suspension is due to take effect.
   4.   In the event of suspension, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. As soon as an amicable settlement is reached, application of the Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which application of the Protocol was suspended.
   Article 9
   Suspension of application of the Protocol on grounds of non-payment
   Subject to Article 6, if the Community fails to make the payments provided for in Article 2, application of this Protocol may be suspended on the following terms:

               (a)

               the competent Guinean authorities shall notify the European Commission of the non-payment. The latter shall perform the appropriate checks and, where necessary, transmit the payment within no more than 60 working days of the date of receipt of the notification;

               (b)

               if no payment is made and non-payment is not adequately justified within the period provided for in Article 2(5) of this Protocol, the competent Guinean authorities shall be entitled to suspend application of the Protocol. They shall inform the European Commission of such action forthwith;

               (c)

               application of the Protocol shall resume as soon as the payment concerned has been made.

         Article 10
   National law
   The activities of Community fishing vessels operating in Guinean waters shall be governed by the applicable law in Guinea, unless otherwise provided for in the Agreement, this Protocol and the Annex and Appendices hereto.
   Article 11
   Review clause
   1.   In the event of significant changes in the policy guidelines which led to the conclusion of this Protocol, either Party may request a review of the provisions with a view to a possible amendment thereof.
   2.   The Party concerned shall notify the other Party in writing of its intention to launch a review of this Protocol.
   3.   No later than 60 days following notification, the two Parties shall enter into consultations to this end. If no agreement is reached on the review of the provisions, the Party concerned may terminate the Protocol in accordance with Article 14 thereof.
   Article 12
   Repeal
   This Protocol and its Annexes repeal and replace the current fisheries Protocol and the framework Agreement between the European Economic Community and Guinea on fishing off the Guinean coast.
   Article 13
   Duration
   This Protocol and the Annexes hereto shall apply for a period of four years from 1 January 2009, unless notice of termination is given in accordance with Article 14.
   Article 14
   Termination
   In the event of termination of the Protocol, the Party concerned shall notify the other Party in writing of its intention to terminate it at least six months before the date on which such termination would take effect. Dispatch of the notification referred to in the previous paragraph shall open consultations by the Parties.
   Article 15
   Entry into force
   1.   This Protocol with its Annex shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.
   2.   They shall apply with effect from 1 January 2009.

      (1)  The contribution referred to in the first subparagraph of Article 1 shall be supplemented by the contributions provided for in Chapter II of this Annex, which are paid direct to Guinea and are estimated at EUR 118 000 per year, exclusive of charges in connection with the surveillance and research contribution.

      (2)  These amounts shall be supplemented by the contributions provided for in Chapter II of this Annex, which are paid directly to Guinea and are estimated at EUR 118 000 per year, exclusive of charges in connection with the surveillance and research contribution.


title: Council Decision of 23 July 2014 appointing one member of the Management Board of the European Chemicals Agency

text:
               25.7.2014

               EN

               Official Journal of the European Union

               C 242/2

         COUNCIL DECISION
   of 23 July 2014
   appointing one member of the Management Board of the European Chemicals Agency
   2014/C 242/03
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular Article 79 thereof,
   Whereas:

               (1)

               Article 79 of Regulation (EC) No 1907/2006 provides that the Council is to appoint as members of the Management Board of the European Chemicals Agency (‘the Management Board’) one representative from each Member State.

               (2)

               By its Decision of 13 May 2013 (2), the Council appointed 12 members of the Management Board.

               (3)

               The Government of Ireland has informed the Council of its intention to replace the Irish representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2017,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Sharon Jane MCGUINNESS, of Irish nationality, born on 13 July 1965, shall be appointed member of the Management Board of the European Chemicals Agency, replacing Mr Martin LYNCH, for the period from 23 July 2014 to 31 May 2017.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 23 July 2014.

            For the Council

            The President

         S. GOZI

      (1)  OJ L 396, 30.12.2006, p. 1.

      (2)  OJ C 138, 17.5.2013, p. 14.


title: 2004/777/EC: Decision No 197 of 23 March 2004 on the transitional periods for the introduction of the European Health Insurance Card in accordance with Article 5 of Decision No 191Text of relevance to the EEA and to the EU/Switzerland Agreement

text:
               19.11.2004

               EN

               Official Journal of the European Union

               L 343/28

      DECISION No 197
   of 23 March 2004
   on the transitional periods for the introduction of the European Health Insurance Card in accordance with Article 5 of Decision No 191
   (Text of relevance to the EEA and to the EU/Switzerland Agreement)
   (2004/777/EC)
   THE ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS,
   Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (1), under which it is responsible for dealing with any administrative question arising from Regulation (EEC) No 1408/71 and subsequent Regulations,
   Having regard to Decision No 191 of 18 June 2003 on the replacement of forms E 111 and E 111B by the European Health Insurance Card (2),
   Whereas:

               (1)

               Pursuant to Article 1 of Decision No 191, the European Health Insurance Card will replace forms E 111 and E 111B from 1 June 2004. The E 111 and E 111B forms issued by the Member States’ competent institutions before 31 May 2004 will remain valid until 31 December 2004 at the latest.

               (2)

               Pursuant to Article 5 of Decision No 191, the Member States which do not have a health insurance card at the time when the Decision is adopted may be granted a transitional period, which may not, however, extend beyond 31 December 2005. The Member States which fulfil this condition must inform the Administrative Commission before 1 December 2003 of their intention to claim such a period, specifying its duration. After 1 June 2004, the competent institutions of the Member States granted a transitional period will therefore continue to issue E 111 forms, the validity of which will expire at the end of the transitional period. The new Member States which fulfil the abovementioned condition must notify the Administrative Commission of their wish to be allowed a transitional period and specify its duration by 31 May 2004 at the latest.

               (3)

               In order to ensure clear and transparent information for institutions and citizens, and to guarantee recognition of the E 111 forms that will continue to be issued after 1 June 2004 in certain Member States, a list must be drawn up of the Member States granted such a transitional period. However, as regards the new Member States and the EFTA countries this list can only be indicative as long as Decision No 191 does not apply there.

               (4)

               From 1 June 2004, the competent institutions of the Member States which do not have a transitional period may no longer issue forms E 111 or E 111B. Consequently, if the European card is introduced gradually, certain competent institutions of the Member States concerned will have to issue to insured persons a temporary replacement certificate if they are unable to issue European cards. However, all the competent institutions must be able to issue cards by 1 January 2006 at the latest.

               (5)

               Throughout the transitional period the competent institutions of the Member States concerned will continue to issue E 111 forms to insured persons on the basis of the model set out in Decision No 198 of 23 March 2004, concerning the replacement and discontinuance of the model forms necessary for the application of Regulations (EEC) No 1408/71 and (EEC) No 574/72 of the Council (3).

               (6)

               However, Member States, which have a transitional period, can choose to shorten the duration of this period. They must notify the Administrative Commission of their decision at the latest three months before the introduction of the first European Card. As a result of this notification, the Member State concerned, may no longer issue form E 111 from the date indicated in its notification to the Administrative Commission.

               (7)

               A decision of the EEA Joint Committee will define the arrangements for the use of the European Health Insurance Card in the European Economic Area. This decision will set out in particular the model of the cards issued by the competent institutions of Norway, Iceland and Liechtenstein.

               (8)

               A decision of the Joint Committee for the Agreement on the free movement of persons between the European Community and its Member States and the Swiss Confederation will define the arrangements for the use of the European Health Insurance Card in relations between the Member States and Switzerland. This decision will set out in particular the model of the cards issued by the competent institutions of the Swiss Confederation,

         HAS DECIDED AS FOLLOWS:

               1.

               The Member States included in the list annexed to this Decision may be granted a transitional period for the introduction of the European Health Insurance card from 1 June 2004.
               The competent institutions of these Member States shall continue to issue E 111 forms in accordance with the model laid down in Decision No 198 until the end of the transitional period.
               However, before the end of the transitional period, these Member States may choose to shorten the transitional period. The Member States shall notify the Administrative Commission, at the latest three months before the introduction of the first European Card. The Administrative Commission will amend the relevant annexes to this Decision in order to indicate the date on which the transitional period of the Member State concerned will end.

               2.

               The competent institutions of the Member States which do not have a transitional period may no longer issue forms E 111 or E 111B as from 1 June 2004. The competent institutions of the Member States who do have a transitional period but have decided to shorten this period accordingly, paragraph 3 of point 1 of this Decision, may no longer issue form E 111 from the date indicated in its notification to the Administrative Commission.
               The institutions of these Member States shall issue a temporary replacement certificate to any insured person who cannot obtain a European card.
               If the competent institution is not able to issue a European Card, the mentions of field 8 and 9 of the temporary replacement form are optional. The absence of this mention shall not undermine the validity of the temporary replacement form.

               3.

               This Decision will be published in the Official Journal of the European Union. It will be applicable from 1 June 2004.

            The Chairman of the Administrative Commission

         Tim QUIRKE

      (1)  OJ L 149, 5.7.1971, p. 2. Regulation as last amended by Regulation (EC) No 631/2004 of the European Parliament and of the Council (OJ L 100, 6.4.2004, p. 1).

      (2)  OJ L 276, 27.10.2003, p. 19.

      (3)  OJ L 259, 5.8.2004, p. 1.

      ANNEX I
      List of Member States allowed a transitional period

                  Member State

                  Transitional period until

                  Austria

                  31 December 2005

                  Italy

                  31 October 2004

                  Netherlands

                  31 December 2005

                  Portugal

                  28 February 2005

                  United Kingdom

                  31 December 2005

      ANNEX II
      Indicative list of the new Member States which might be allowed a transitional period

                  New Member State

                  Transitional period until

                  Latvia

                  31 July 2005

                  Lithuania

                  1 July 2005

                  Malta

                  31 December 2005

                  Poland

                  31 December 2005

                  Slovakia

                  31 December 2005

                  Cyprus

                  31 December 2005

                  Hungary

                  31 December 2005

      ANNEX III
      Provisional list of the EFTA countries which might be allowed a transitional period (subject to the Decision of the EEA Joint Committee)

                  EFTA member country

                  Transitional period until

                  Iceland

                  31 December 2005

                  Switzerland

                  31 December 2005

                  Liechtenstein

                  31 December 2005


title: 2014/575/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the European Centre for Disease Prevention and Control for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/196

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the European Centre for Disease Prevention and Control for the financial year 2012
   (2014/575/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Centre for Disease Prevention and Control for the financial year 2012, together with the Centre’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 - C7-0054/2014),

               —

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

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

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

               —

               having regard to Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for Disease Prevention and Control (4), and in particular Article 23 thereof,

               —

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

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0224/2014),

               1.

               Grants the Director of the European Centre for Disease Prevention and Control discharge in respect of the implementation of the Centre’s budget for the financial year 2012;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Centre for Disease Prevention and Control, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 89.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 142, 30.4.2004, p. 1.

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

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


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32000D0140

2000/140/EC: Council Decision of 14 February 2000 providing exceptional Community financial assistance to Kosovo

Official Journal L 047 , 19/02/2000 P. 0028 - 0029

COUNCIL DECISIONof 14 February 2000providing exceptional Community financial assistance to Kosovo(2000/140/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Whereas:(1) The Commission has consulted the Economic and Financial Committee before submitting its proposal.(2) The Security Council of the United Nations adopted Resolution 1244 (1999) on 10 June 1999 aiming to promote the establishment, pending a final settlement, of substantial autonomy and self-government in Kosovo within the Federal Republic of Yugoslavia.(3) The International Community, based on the Resolution 1244 (1999), has set up an international security presence (KFOR) and an interim civil administration - the United Nations Interim Administration Mission in Kosovo (UNMIK).(4) UNMIK aims at establishing administrative structures under which the people of Kosovo can enjoy substantial autonomy and to this end has been vested with all legislative and executive powers, including the administration of the judiciary.(5) UNMIK is taking steps to involve the main political parties and ethnic communities of Kosovo and its activities.(6) UNMIK consists of four components ("Pillars") and the European Union has taken the lead role(2) for the fourth Pillar responsible for economic reconstruction.(7) UNMIK, and particularly its fourth Pillar, has made significant progress in establishing an economic framework and aims at continuing and enhancing this strategy.(8) UNMIK is currently establishing a Central Fiscal Authority providing transparent and accountable procedures to manage the Kosovo budget.(9) Given the present unfavourable circumstances and on the basis of estimates from UNMIK presented in agreement with the International Monetary Fund (IMF), it will be necessary for Kosovo to obtain external support to establish a sound market economy and a civil administration; it is estimated that exceptional external financial assistance of some EUR 115 million would be needed until the end of 2000.(10) UNMIK has presented a request for exceptional financial assistance.(11) The provision of external budgetary support, fairly shared among donors, is essential to help cover the residual financing needs identified under the budget prepared for Kosovo by UNMIK.(12) Kosovo is not in a position to borrow either domestically or abroad and is not eligible for membership of the International Financial Institutions and may therefore not benefit from their conventional support programmes.(13) Kosovo is at a low level of development and its GDP per capita is estimated to be one of the lowest in Europe.(14) Financial assistance from the Community in the form of straight grants to be made available to UNMIK in support of the people of Kosovo is an appropriate measure to help ease Kosovo's financial constraints in the current exceptionally difficult circumstances.(15) Without prejudice to the powers of the budgetary authority, the financial assistance will be part of the aid package foreseen for Kosovo in 2000, and therefore subject to the funds being available in the general budget.(16) The exceptional financial assistance should be managed by the European Commission.(17) The Treaty does not provide, for the adoption of this Decision, powers other than those of Article 308,HAS DECIDED AS FOLLOWS:Article 11. The Community shall make available to UNMIK exceptional financial assistance in the form of straight grants of up to EUR 35 million, with a view to alleviating the financial situation in Kosovo, facilitating the establishment of essential administrative functions and supporting the development of a sound economic framework.2. This assistance shall be managed by the Commission in close consultation with the Economic and Financial Committee and in a manner consistent with agreements or understandings reached between the IMF and UNMIK or any other internationally recognised authorities of Kosovo.Article 21. The Commission is empowered to agree with UNMIK, after consultation with the Economic and Financial Committee, the economic policy conditions attached to this assistance. These conditions shall be consistent with any agreement referred to in Article 1(2).2. The Commission shall verify at regular intervals, in consultation with the Economic and Financial Committee and in liaison with the IMF and the World Bank, that economic policies in Kosovo respect the objectives and economic policy conditions of this assistance.Article 31. The assistance shall be made available to UNMIK in at least two instalments is on the basis of a successful completion of the economic policy conditions referred to in Article 2(1). The second tranche will be released after consultation of the Economic and Financial Committee.2. The funds shall be made available to UNMIK through the Central Fiscal Authority exclusively in support of the Kosovo budgetary needs.Article 4The Commission shall address to the European Parliament and to the Council a report by the end of 2000, which will include an evaluation on the implementation of this Decision.Done at Brussels, 14 February 2000.For the CouncilThe PresidentJ. GAMA(1) Opinion delivered on 3 February 2000 (not yet published in the Official Journal).(2) International civil presence in Kosovo: Report of the Secretary-General pursuant to paragraph 10 of Security Council Resolution 1244 (1999), S/1999/672, 12 June 1999, II.5


Avis juridique important

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31995D0559

95/559/EC, Euratom: Council and Commission Decision of 4 December 1995 concluding the Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part

Official Journal L 317 , 30/12/1995 P. 0029 - 0029

COUNCIL AND COMMISSION DECISION of 4 December 1995 concluding the Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part (95/559/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 238 thereof, in conjunction with Article 228 (2), second sentence, and (3), second subparagraph thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second subparagraph of Article 101 thereof,Having regard to the proposal from the Commission,Having regard to the assent of the European Parliament (1),Having regard to the approval given by the Council pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,Whereas, at its meeting in Copenhagen on 21 and 22 June 1993, the European Council called for further Community programmes to be opened up to the associated countries of central and eastern Europe, taking as a starting point programmes which are already open to EFTA countries;Whereas the Commission has negotiated, on behalf of the European Community and the European Atomic Energy Community, an Additional Protocol to the Europe Agreement with the Republic of Hungary,HAVE DECIDED AS FOLLOWS:Article 1 The Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, signed on 13 July 1995 is hereby approved on behalf of the European Community and on behalf of the European Atomic Energy Community.The text of the Additional Protocol is attached to this Decision.Article 2 The position to be taken by the Community within the Association Council shall be decided by the Council, acting on a proposal from the Commission, in accordance with the relevant provisions of the Treaties establishing the European Community and the European Atomic Energy Community.Article 3 The President of the Council shall undertake the notification provided for in Article 4 of the Additional Protocol on behalf of the European Community (2). The President of the Commission shall undertake the same notification for the European Atomic Energy Community.Done at Brussels, 4 December 1995.For the CouncilThe PresidentJ. SOLANAFor the CommissionThe PresidentJ. SANTER(1) OJ No C 323, 4. 12. 1995.(2) The date of entry into force of the Additional Protocol will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


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77/270/Euratom: Council Decision of 29 March 1977 empowering the Commission to issue Euratom loans for the purpose of contributing to the financing of nuclear power stations

Official Journal L 088 , 06/04/1977 P. 0009 - 0010 Greek special edition: Chapter 10 Volume 1 P. 0119  Spanish special edition: Chapter 12 Volume 3 P. 0024  Portuguese special edition Chapter 12 Volume 3 P. 0024

COUNCIL DECISION  of 29 March 1977  empowering the Commission to issue Euratom loans for the purpose of contributing to the financing of nuclear power stations  (77/270/Euratom)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 2, 172 and 203 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the use of nuclear energy can reduce the Community's excessive dependence on external sources of energy and thus improve the terms on which energy is imported;  Whereas, under present technical and economic conditions, the use of nuclear energy for the production of electricity is economically advantageous and more satisfactory than the use of petroleum products;  Whereas the additional investment required for nuclear plant by comparison with conventional plant, combined with the costs arising out of the increase in the price of petroleum products which affect the operating costs of existing conventional power stations, means that electricity producers are being forced to borrow more;  Whereas Article 2 (c) of the Treaty gives the Community the task of facilitating investment and ensuring, particularly by encouraging ventures on the part of undertakings, the establishment of the basic installations necessary for the development of nuclear energy in the Community ; whereas, if a contribution is to be made to the financing of nuclear power stations, arrangements must be made for borrowing and lending ; whereas such action appears to be necessary if the objective set out in Article 2 (c) of the Treaty is to be attained, although the Treaty does not provide for the powers necessary for that purpose;  Whereas in view of the large amount of capital required the financing potential should be increased ; whereas it appears that the Community can provide a substantial amount of aid in this field;  Whereas the Community has a duty to employ all the means at its disposal to facilitate the attainment of the aims adopted under the new common energy policy strategy,  HAS DECIDED AS FOLLOWS:    Article 1 The Commission is hereby empowered to issue loans, on behalf of the European Atomic Energy Community (Euratom) and within amounts fixed by the Council, the proceeds of which will be lent for the purpose of financing investment projects relating to the industrial production of electricity in nuclear power stations and to industrial fuel cycle installations.  The Commission shall borrow no more than the amounts of the loans for which it has received applications.  (1)OJ No C 157, 14.7.1975, p. 35. (2)OJ No C 248, 29.10.1975, p. 8.   Borrowing transactions and the lending transactions related thereto shall be expressed in the same currency and carried out on the same terms as regards the repayment of principal and the payment of interest. The costs incurred by the Community in concluding and carrying out each transaction shall be borne by the beneficiary undertakings concerned.   Article 2 The terms of loans to be issued shall be negotiated by the Commission in the best interests of the Community having regard to the conditions on capital markets and in accordance with the constraints imposed by the duration of the loans to be granted.   Article 3 The Commission shall decide on the grant of each loan. Its decisions shall be based in particular on the principle that preference will be given to the use of resources under the most profitable conditions in installations of optimum size.  Loans shall be guaranteed in the manner customary in banking practice.   Article 4 The Commission shall inform the Council and the European Parliament at regular intervals of the revenue and expenditure transactions arising out of the contracting and servicing of Euratom loans issued and granted. Each year it shall submit a review of its borrowing policy together with the budget estimates.   Article 5 Financial control and auditing shall be carried out in accordance with the Financial Regulation of 25 April 1973 applicable to the general budget of the European Communities (1).     Done at Brussels, 29 March 1977.  For the Council  The President  T. BENN  (1)OJ No L 116, 1.5.1973, p. 1.


title: Decision (EU) 2017/1665 of the European Parliament of 27 April 2017 on the closure of the accounts of the European Environment Agency for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/219

         DECISION (EU) 2017/1665 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on the closure of the accounts of the European Environment Agency for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Environment Agency for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Environment Agency for the financial year 2015, together with the Agency's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0052/2017),

               —

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

               —

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

               —

               having regard to Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (4), and in particular Article 13 thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5), and in particular Article 108 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0085/2017),

               1.

               Approves the closure of the accounts of the European Environment Agency for the financial year 2015;

               2.

               Instructs its President to forward this decision to the Executive Director of the European Environment Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 87.

      (2)  See footnote 1.

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

      (4)  OJ L 126, 21.5.2009, p. 13.

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


title: 2004/382/EC:Commission Decision of 26 April 2004 adopting Community import decisions for certain chemicals pursuant to Regulation (EC) No 304/2003 of the European Parliament and of the Council (Text with EEA relevance)

text:
               30.4.2004

               EN

               Official Journal of the European Communities

               L 144/11

         COMMISSION DECISION
   of 26 April 2004
   adopting Community import decisions for certain chemicals pursuant to Regulation (EC) No 304/2003 of the European Parliament and of the Council
   (Text with EEA relevance)
   (2004/382/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 304/2003 of the European Parliament and of the Council of 28 January 2003 concerning the export and import of dangerous chemicals (1), and in particular Article 12(1) thereof,
   Whereas:

               (1)

               Pursuant to Regulation (EC) No 304/2003 the Commission is to decide on behalf of the Community, whether or not to permit the import into the Community of each chemical subject to the prior informed consent (PIC) procedure.

               (2)

               The United Nations Environment Programme (UNEP) and the Food and Agriculture Organization (FAO) have been appointed to provide secretariat services for the operation of the interim PIC procedure established by the Final Act of the Conference of Plenipotentiaries on the Rotterdam Convention on the Prior Informed Consent (PIC) procedure for certain hazardous chemicals and pesticides in international trade, signed on 11 September 1998, and approved by the Community by Council Decision 2003/106/EC of 19 December 2002 concerning the approval, on behalf of the European Community, of the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (2), in particular the Resolution on interim arrangements laid down in the Final Act.

               (3)

               The Commission, acting as common designated authority, is required to forward decisions on chemicals to the Secretariat of the interim PIC procedure, on behalf of the Community and its Member States.

               (4)

               The interim Secretariat has requested that the participants in the PIC procedure use the special Importing Country Response form when reporting their import decisions.

               (5)

               The chemicals actinolite, amosite, anthophyllite and tremolite, which are all amphibole forms of asbestos fibres, have also been added to the interim PIC procedure and the Commission has received information from the interim secretariat in the form of a decision guidance document (which also covers crocidolite asbestos, which was already included in the interim PIC procedure and was subject to a final Community import decision that was reported in PIC circular IV reflecting the position as at 31 December 1994). All these chemicals have been progressively banned or severely restricted at Community level by means of a series of regulatory actions, the latest of which is Commission Directive 1999/77/EC of 26 July 1999 (3) adapting to technical progress for the sixth time Council directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (4). Accordingly a final import decision should be taken for actinolite, amosite, anthophyllite and tremolite and a revised and updated final decision should be taken in respect of crocidolite.

               (6)

               The chemical DNOC has been added to the interim PIC procedure, as a pesticide, for which the Commission has received information from the interim Secretariat in the form of a decision guidance document. DNOC falls within the scope of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (5), as last amended by Regulation (EC) No 806/2003 (6). By Commission Decision 1999/164/EC of 17 February 1999 concerning the non-inclusion of DNOC of active substance in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing this active substance (7), DNOC was excluded from Annex I to Directive 91/414/EEC and authorisations for plant protection products containing it were to be withdrawn by 16 August 1999. Accordingly a final import decision should be taken.

               (7)

               Certain pesticide formulations, in the form of dustable powder formulations containing a combination of benomyl at or above 7 %, carbofuran at or above 10 % and thiram at or above 15 %, have also been added to the interim PIC procedure. The Commission has received information from the interim secretariat in the form of a decision guidance document. The chemicals benomyl, carbofuran and thiram fall within the scope of Directive 91/414/EEC. By Commission Decision 2002/928/EC of 26 November 2002 concerning the non-inclusion of benomyl in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing this active substance (8), benomyl has been excluded from Annex I to Directive 91/414/EEC and authorisations for plant protection products containing it had to be withdrawn by 25 May 2003. Carbofuran is currently subject to an ongoing assessment within the framework of Directive 91/414/EEC. That Directive provides for a transitional period during which Member States are allowed to take national decisions on substances and products falling with its scope pending a Community decision. By Commission Directive 2003/81/EC of 5 September 2003 amending Directive 91/414/EEC to include molinate, thiram and ziram as active substances (9), thiram has been included in Annex I to Directive 91/414/EEC and is authorised for use in plant protection products subject to certain conditions. Thiram has also been notified under Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (10), which provides for a transitional period during which Member States may, pending a Community decision, take a decision on substances and products falling within its scope. Consequently, an interim import decision should be taken for dustable powder formulations containing a combination of benomyl, carbofuran and thiram at or above the specified concentrations.

               (8)

               The measures provided for in this Decision are in accordance with the opinion of the Committee set up pursuant to Article 29 of Council Directive 67/548/EEC (11), as last amended by Commission Directive 2001/59/EC (12),

         HAS DECIDED AS FOLLOWS:
   Article 1
   The final decision on the import of the chemicals actinolite, amosite, anthophyllite, crocidolite and tremolite, as set out in the import response form contained in Annex I, is adopted.
   Article 2
   The final decision on the import of the chemical DNOC, as set out in the import response form contained in Annex II, is adopted.
   Article 3
   The interim decision on the import of dustable powder pesticide formulations containing a combination of benomyl at or above 7 %, carbofuran at or above 10 % and thiram at or above 15 %, as set out in the import response form in Annex III, is also adopted.

      Done at Brussels, 26 April 2004.

         For the Commission
         Margot WALLSTRÖM

            Member of the Commission

      (1)  OJ L 63, 6.3.2003, p. 1.

      (2)  OJ L 63, 6.3.2003, p. 27.

      (3)  OJ L 262, 27.9.1976, 201.

      (4)  OJ L 207, 6.8.1999, p. 18.

      (5)  OJ L 230, 19.8.1991, p. 1.

      (6)  OJ L 122, 16.5.2003, p. 1.

      (7)  OJ L 54, 2.3.1999, p. 21.

      (8)  OJ L 322, 27.11.2002, p. 53.

      (9)  OJ L 224, 6.9.2003, p. 29.

      (10)  OJ L 123, 24.4.1998, p. 1.

      (11)  OJ 196, 16.8.1967, p. 1.

      (12)  OJ L 225, 21.8.2001, p. 1.

      ANNEX I
      Final import decision for the chemicals actinolite, amosite, anthophyllite and tremolite, together with an updated final import decision for crocidolite replacing a previous 1994 import decision

      ANNEX II
      Final import decision for the chemical DNOC

      ANNEX III
      Interim import decision for dustable powder pesticide formulations containing a combination of benomyl at or above 7 %, carbofuran at or above 10 % and thiram at or above 15 %