title: 2009/302/EC: Council Decision of 21 May 2008 on the signing and provisional application of the Agreement between the European Community and the Islamic Republic of Pakistan on certain aspects of air services

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 84/33

         COUNCIL DECISION
   of 21 May 2008
   on the signing and provisional application of the Agreement between the European Community and the Islamic Republic of Pakistan on certain aspects of air services
   (2009/302/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) 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 Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               On behalf of the Community, the Commission has negotiated an Agreement with Pakistan on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003 authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               Subject to its possible conclusion at a later date, the Agreement negotiated by the Commission should be signed and provisionally applied,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Islamic Republic of Pakistan on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the parties have notified each other of the completion of the necessary procedures for this purpose.
   Article 4
   The President of the Council is hereby authorised to make the notification provided for in Article 8(2) of the Agreement.

      Done at Brussels, 21 May 2008.

            For the Council

            The President

         M. ZVER

    ---documentbreak---

               31.3.2009

               EN

               Official Journal of the European Union

               L 84/34

         AGREEMENT
   between the European Community and the Islamic Republic of Pakistan on certain aspects of air services
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE ISLAMIC REPUBLIC OF PAKISTAN (hereinafter referred to as Pakistan),
   of the other part,
   (hereinafter referred to as the Parties)
   NOTING that certain provisions in bilateral air service agreements between several Member States of the European Community and the Islamic Republic of Pakistan need to be brought into conformity with Community law,
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that European Community air carriers established in a Member State have been granted the right to non-discriminatory access to air routes between that Member State and third countries by the European Community under Community law,
   HAVING REGARD to the agreements between the European Community and the four European countries listed in Annex ΙΙΙ providing for the possibility for the nationals of these countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that all matters relating to bilateral air service agreements between Member States of the European Community and the Islamic Republic of Pakistan must be in conformity with the laws of the parties in order to establish a sound legal basis for air services between the European Community and the Islamic Republic of Pakistan and to preserve the continuity of such air services,
   NOTING that provisions of the bilateral air services agreements between Member States of the European Community and the Islamic Republic of Pakistan, which are not incompatible with European Community law and Pakistani law do not need to be affected by this agreement,
   RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the European Community and the Islamic Republic of Pakistan which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes may render ineffective the competition rules applicable to undertakings,
   NOTING that it is not a purpose of the European Community and the Islamic Republic of Pakistan in this agreement to increase the total volume of air traffic between the European Community and the Islamic Republic of Pakistan, to affect the balance between Community air carriers and air carriers of the Islamic Republic of Pakistan, or to amend the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
   2.   References in each of the agreements listed in Annex Ι to nationals of the Member State that is a party to that agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the agreements listed in Annex Ι to air carriers or airlines of the Member State that is a party to that agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation by a Member State
   1.   The provisions in paragraphs 2 and 3 of this Article shall prevail over the corresponding provisions in the Articles listed in Annex ΙΙ(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by the Islamic Republic of Pakistan, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State of the European Community, the Islamic Republic of Pakistan shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established in the territory of the designating Member State under the Treaty establishing the European Community and has a valid Operating Licence from a Member State in accordance with European Community law; and

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex ΙΙΙ and/or nationals of such other States; and

               (iv)

               the air carrier has its principal place of business in the territory of the Member State which granted its valid Operating Licence.

         3.   The Islamic Republic of Pakistan may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established in the territory of the designating Member State under the Treaty establishing the European Community or does not have a valid Operating Licence from a Member State in accordance with European Community law; or

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operator’s Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (iii)

               the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex ΙΙΙ and/or nationals of such other States; or

               (iv)

               the air carrier does not have its principal place of business in the territory of the Member State which granted its valid Operating Licence; or

               (v)

               the air carrier is already authorised to operate under a bilateral agreement between the Islamic Republic of Pakistan and another Member State and that, by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, it would be circumventing restrictions on the traffic rights imposed by that other agreement; or

               (vi)

               the air carrier designated holds an Air Operators Certificate and Operating Licence issued by a Member State with which the Islamic Republic of Pakistan does not have a bilateral air services agreement and that Member State has denied traffic rights or related commercial opportunities to a carrier licensed by the Islamic Republic of Pakistan.

         4.   In exercising its right under this paragraph, the Islamic Republic of Pakistan shall not discriminate between Community air carriers on the grounds of nationality provided that it meets the above requirements.
   Article 3
   Safety
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex ΙΙ(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of the Islamic Republic of Pakistan under the safety provisions of the agreement between the Member State that has designated the air carrier and the Islamic Republic of Pakistan shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Tariffs for carriage within the European Community
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex ΙΙ(d).
   2.   The tariffs to be charged by the air carrier(s) designated by the Islamic Republic of Pakistan under an agreement listed in Annex Ι containing a provision listed in Annex ΙΙ(d) for carriage wholly within the European Community shall be subject to European Community law. European Community law is applied on a non-discriminatory basis.
   Article 5
   Compatibility with competition rules
   1.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex Ι shall (i) favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition; (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.
   2.   The provisions contained in the agreements listed in Annex Ι that are incompatible with paragraph 1 of this Article shall not be applied.
   Article 6
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 7
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent. Each of the Parties may, at any time, request consultations with a view to revise or amend this Agreement by mutual consent and the other party shall respond to such request not later than 60 (sixty) days after the request for consultations was made.
   Article 8
   Entry into force and provisional application
   1.   This Agreement shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   Agreements and other arrangements between Member States and the Islamic Republic of Pakistan which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex Ι(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
   Article 9
   Termination
   1.   In the event that an agreement listed in Annex Ι is terminated, all provisions of this Agreement that relate to the agreement listed in Annex Ι concerned shall terminate at the same time.
   2.   In the event that all agreements listed in Annex Ι are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Brussels in duplicate, on this twenty-fourth day of February in the year two thousand and nine in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish and Swedish languages.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen

         За Ислямска република Пакистан
         Por la República Islámica de Pakistán
         Za Pákistánskou islámskou republiku
         For Den Islamiske Republik Pakistan
         Für die Islamische Republik Pakistan
         Pakistani Islamivabariigi nimel
         Για την Ισλαμική Δημοκρατία του Πακιστάν
         For the Islamic Republic of Pakistan
         Pour la République islamique du Pakistan
         Per la Repubblica islamica del Pakistan
         Pakistānas Islāma Republikas vārdā
         Pakistano Islamo Respublikos vardu
         A Pakisztáni Iszlám Köztársaság részéről
         Għar-Repubblika Iżlamika tal-Pakistan
         Voor de Islamitische Republiek Pakistan
         W imieniu Islamskiej Republiki Pakistanu
         Pela República Islâmica do Paquistão
         Pentru Republica Islamică Pakistan
         Za Pakistanskú islamskú republiku
         Za Islamsko republiko Pakistan
         Pakistanin islamilaisen tasavallan puolesta
         För Islamiska republiken Pakistan

   ANNEX Ι
   Provisional list of agreements referred to in Article 1 of this Agreement

               (a)

               Air service agreements between the Islamic Republic of Pakistan and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally:

                           —

                           Agreement between the Austrian Federal Government and the Government of the Islamic Republic of Pakistan relating to air services done at Rawalpindi on 28 May 1971, hereinafter referred to as ‘Pakistan-Austria Agreement’ in Annex ΙΙ,
                           Last modified by the Memorandum of Understanding done at Islamabad on 27 September 2006, hereinafter referred to as ‘Pakistan-Austria Memorandum of Understanding’ in Annex ΙΙ;

                           —

                           Agreement between the Government of the People’s Republic of Bulgaria and the Government of the Islamic Republic of Pakistan relating to air services done at Islamabad on 22 October 1969, hereinafter referred to as ‘Pakistan-Bulgaria Agreement’ in Annex ΙΙ;

                           —

                           Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Islamic Republic of Pakistan relating to air services done in Prague on 2 September 1969, hereinafter referred to as ‘Pakistan-Czech Republic Agreement’ in Annex ΙΙ;

                           —

                           Draft Agreement between the Government of the Kingdom of Denmark and the Government of the Islamic Republic of Pakistan relating to Air Services initialled at Oslo on 23 March 1999 hereinafter referred to as ‘Draft Pakistan-Denmark Agreement’ in Annex ΙΙ;
                           Supplemented by Draft Memorandum of Understanding between the Scandinavian countries and Pakistan initialled at Oslo on 23 March 1999;

                           —

                           Agreement between the Government of the Republic of France and the Government of Pakistan relating to air services done at Karachi on 31 July 1950, hereinafter referred to as ‘Pakistan-France Agreement’ in Annex ΙΙ,
                           Modified by exchange of notes dated 29 August and 20 and 31 October 1960;
                           Modified by exchange of notes dated 2 and 9 July 1974;

                           —

                           Air Transport Agreement between the Federal Republic of Germany and Pakistan done at Bonn on 20 July 1960 hereinafter referred to as ‘Pakistan-Germany Agreement’ in Annex ΙΙ,
                           To be read together with the Agreed Minutes done at Bonn on 12 November 1998;

                           —

                           Air Service Agreement between the Government of the Hellenic Republic and the Government of the Islamic Republic of Pakistan done at Athens on 15 November 2005, hereinafter referred to as ‘Pakistan-Greece Agreement’ in Annex ΙΙ,

                           —

                           Agreement between the Government of the Hungarian People’s Republic and the Government of the Islamic Republic of Pakistan relating to air services done at Budapest on 11 May 1977, hereinafter referred to as ‘Pakistan-Hungary Agreement’ in Annex ΙΙ,

                           —

                           Agreement between the Government of the Italian Republic and the Government of the Islamic Republic of Pakistan relating to air services done at Rome on 5 October 1957, hereinafter referred to as ‘Pakistan-Italy Agreement’ in Annex ΙΙ,
                           Modified by Memorandum of Understanding done at Rome on 16 January 1974;
                           Last modified by Memorandum of Understanding done at Rome on 24 March 2004;

                           —

                           Agreement between the Government of the Republic of Malta and the Government of Islamic Republic of Pakistan relating to air services done at Valetta on 25 April 1975, hereinafter referred to as ‘Pakistan-Malta Agreement’ in Annex ΙΙ,

                           —

                           Agreement between the Government of the Kingdom of the Netherlands and the Government of Pakistan relating to air services done at Karachi on 17 July 1952,
                           Modified by Agreed Minutes done at The Hague on 27 April 1995;
                           Modified by Agreed Minutes done at The Hague on 28 June 1995;
                           Modified by Memorandum of Understanding done at Bhurban on 16 November 1995;

                           —

                           Draft Air Services Agreement between the Government of the Kingdom of the Netherlands and the Government of Pakistan done at Bhurban on 16 November 1995; hereinafter referred to as ‘Draft Pakistan-The Netherlands Agreement’ in Annex ΙΙ,
                           Modified by Agreed Minutes done at The Hague on 25 March 1997;
                           Last modified by Confidential Memorandum of Understanding done at Karachi on 28 November 1998;

                           —

                           Agreement between the Government of the People’s Republic of Poland and the Government of the Islamic Republic of Pakistan relating to air services done at Rawalpindi on 30 October 1970 hereinafter referred to as ‘Pakistan-Poland Agreement’ in Annex ΙΙ,

                           —

                           Agreement between the Government of the Islamic Republic of Pakistan and the Government of Portugal relating to air services done at Karachi on 7 June 1958 hereinafter referred to as ‘Pakistan-Portugal Agreement’ in Annex ΙΙ,

                           —

                           Air Transport Agreement between the Government of the Islamic Republic of Pakistan and the Government of the Kingdom of Spain done at Madrid on 19 June 1979 hereinafter referred to as ‘Pakistan-Spain Agreement’ in Annex ΙΙ,
                           Modified by exchange of notes dated 20 July and 29 July 1988;

                           —

                           Agreement between the Government of the Socialist Republic of Romania and the Government of the Islamic Republic of Pakistan relating to Air Services done at Rawalpindi on 9 January 1973 hereinafter referred to as ‘Pakistan-Romania Agreement’ in Annex ΙΙ;

                           —

                           Draft Air Services Agreement between the Government of the Kingdom of Sweden and the Government of the Islamic Republic of Pakistan initialled at Oslo on 23 March 1999, hereinafter referred to as ‘Draft Pakistan-Sweden Agreement’ in Annex ΙΙ;
                           Supplemented by Draft Memorandum of Understanding between the Scandinavian countries and Pakistan initialled at Oslo on 23 March 1999;

                           —

                           Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Islamic Republic of Pakistan concerning Air Services done in Karachi on 14 September 1999, hereinafter referred to as ‘Pakistan-UK Agreement’ in Annex ΙΙ;
                           Modified by Memorandum of Understanding done at London on 9 February 2000.

               (b)

               Air service agreements and other arrangements initialled or signed between the Islamic Republic of Pakistan and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally:

                           —

                           Agreement between the Government of the Islamic Republic of Pakistan and the Government of the Grand Duchy of Luxembourg on air services initialled at Karachi on 14 October 1997 hereinafter referred to as ‘Pakistan-Luxembourg Agreement’ in Annex ΙΙ,
                           Supplemented by Memorandum of Understanding signed at Karachi on 14 October 1997.

         ANNEX ΙΙ
   Provisional list of articles in the agreements listed in Annex Ι and referred to in Articles 2 to 4 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 3 of the Pakistan-Austria Agreement and 2a of the Pakistan-Austria Memorandum of Understanding done at Islamabad on 27 September 2006,

                           —

                           Article III of the Pakistan-Bulgaria Agreement,

                           —

                           Article III of the Pakistan-Czech Republic Agreement,

                           —

                           Draft Article 3 of the Pakistan-Denmark Agreement,

                           —

                           Article 2 of the Pakistan-France Agreement,

                           —

                           Article 3 of the Pakistan-Germany Agreement,

                           —

                           Article 3 of the Pakistan-Greece Agreement,

                           —

                           Article 3 of the Pakistan-Hungary Agreement,

                           —

                           Article II of the Pakistan-Italy Agreement,

                           —

                           Article 3 of the Pakistan-Malta Agreement,

                           —

                           Article 4 of the Draft Pakistan-The Netherlands Agreement,

                           —

                           Article III of the Pakistan-Poland Agreement,

                           —

                           Article II of the Pakistan-Portugal Agreement,

                           —

                           Article III of the Pakistan-Romania Agreement,

                           —

                           Article 3 of the Pakistan-Spain Agreement,

                           —

                           Draft Article 3 of the Pakistan-Sweden Agreement,

                           —

                           Article 4 of the Pakistan-United Kingdom Agreement,

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 4 of the Pakistan-Austria Agreement and 2b of the Pakistan-Austria Memorandum of Understanding,

                           —

                           Article IV of the Pakistan-Bulgaria Agreement,

                           —

                           Article IV of the Pakistan-Czech Republic Agreement,

                           —

                           Draft Article 4 of the Pakistan-Denmark Agreement,

                           —

                           Article 2 of the Pakistan-France Agreement,

                           —

                           Article 4 of the Pakistan-Germany Agreement,

                           —

                           Article 4 of the Pakistan-Greece Agreement,

                           —

                           Article 4 of the Pakistan-Hungary Agreement,

                           —

                           Article VIII of the Pakistan-Italy Agreement,

                           —

                           Article 4 of the Pakistan-Luxembourg Agreement,

                           —

                           Article 4 of the Pakistan-Malta Agreement,

                           —

                           Article 5 of the Draft Pakistan-The Netherlands Agreement,

                           —

                           Article IV of the Pakistan-Poland Agreement,

                           —

                           Article VIII of the Pakistan-Portugal Agreement,

                           —

                           Article IV of the Pakistan-Romania Agreement,

                           —

                           Article 4 of the Pakistan-Spain Agreement,

                           —

                           Draft Article 4 of the Pakistan-Sweden Agreement,

                           —

                           Article 5 of the Pakistan-United Kingdom Agreement,

               (c)

               Safety:

                           —

                           Attachment D of the Pakistan-Austria Memorandum of Understanding,

                           —

                           Article V of the Pakistan-Bulgaria Agreement,

                           —

                           Article V of the Pakistan-Czech Republic Agreement,

                           —

                           Draft Article 16 of the Pakistan-Denmark Agreement,

                           —

                           Article 8 of the Pakistan-Greece Agreement,

                           —

                           Article 5 of the Pakistan-Hungary Agreement,

                           —

                           Article II of the Pakistan-Italy Agreement,

                           —

                           Article 6 of the Pakistan-Luxembourg Agreement,

                           —

                           Article 5 of the Pakistan-Malta Agreement,

                           —

                           Appendix II to the Pakistan-The Netherlands Agreed Minutes of 25 March 1997,

                           —

                           Article V of the Pakistan-Romania Agreement,

                           —

                           Article 5 of the Pakistan-Spain Agreement,

                           —

                           Draft Article 16 of the Pakistan-Sweden Agreement,

               (d)

               Tariffs for Carriage within the European Community:

                           —

                           Article 9 of the Pakistan-Austria Agreement,

                           —

                           Article VIII of the Pakistan-Bulgaria Agreement,

                           —

                           Article VIII of the Pakistan-Czech Republic Agreement,

                           —

                           Draft Article 11 of the Pakistan-Denmark Agreement,

                           —

                           Article 6 of the Pakistan-France Agreement,

                           —

                           Annex 4 of the Agreed Minutes done at Bonn 12 November 1998 – as applied provisionally in the framework of the Pakistan-Germany Agreement,

                           —

                           Article 13 of the Pakistan-Greece Agreement,

                           —

                           Article 9 of the Pakistan-Hungary Agreement,

                           —

                           Article VI of the Pakistan-Italy Agreement,

                           —

                           Article 10 of the Pakistan-Luxembourg Agreement,

                           —

                           Article 9 of the Pakistan-Malta Agreement,

                           —

                           Article 6 of the Draft Pakistan-The Netherlands Agreement,

                           —

                           Article VIII of the Pakistan-Poland Agreement,

                           —

                           Article VI of the Pakistan-Portugal Agreement,

                           —

                           Article IX of the Pakistan-Romania Agreement,

                           —

                           Article 9 of the Pakistan-Spain Agreement,

                           —

                           Draft Article 11 of the Pakistan-Sweden Agreement,

                           —

                           Article 7 of the Pakistan-United Kingdom Agreement.

         ANNEX ΙΙΙ
   List of other States referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


Avis juridique important

|

31996D0645

Decision No 645/96/EC of the European Parliament and of the Council of 29 March 1996 adopting a programme of Community action on health promotion, information, education and training within the framework for action in the field of public health (1996 to 2000)

Official Journal L 095 , 16/04/1996 P. 0001 - 0008

DECISION No 645/96/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 March 1996 adopting a programme of Community action on health promotion, information, education and training within the framework for action in the field of public health (1996 to 2000)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 129 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Having regard to the opinion of the Committee of the Regions (3),Acting in accordance with the procedure laid down in Article 189b of the Treaty (4) in the light of the joint text approved on 31 January 1996 by the Conciliation Committee,(1) Whereas, pursuant to Article 3 (o) of the Treaty, Community action must include a contribution towards the attainment of a high level of health protection; whereas Article 129 of the Treaty expressly provides for Community competence in this field insofar as the Community contributes to it by encouraging cooperation between Member States and, if necessary, by lending support to their action;(2) Whereas the actions to be carried out must be undertaken within the framework for action in the field of public health set out by the Commission and take into account, as the Council requested in its Resolution of 27 May 1993 (5), other actions undertaken by the Community in the field of public health or having an impact on public health;(3) Whereas the Council, in its Resolution of 2 June 1994 (6) in response to the Commission communication of 24 November 1993 on the framework for action in the field of public health, included health promotion, education and training among the priority areas for action for which the Commission was invited to bring forward proposals for action;(4) Whereas, in their Resolution of 23 November 1988 concerning health education in schools (7), the Council and the Ministers for Education meeting within the Council emphasized that certain eating habits, the uncontrolled use of some chemical substances and medicines, drug abuse, smoking and environmental pollution have a harmful effect on health, also bearing in mind the problems of safety and accident prevention;(5) Whereas, in their Resolution of 3 December 1990 concerning an action programme on nutrition and health (8), the Council and the Representatives of the Governments of the Member States meeting within the Council underlined that the promotion of a healthy lifestyle as regards nutrition is vitally important to enable people to make the necessary choices for ensuring appropriate nutrition in keeping with individual needs;(6) Whereas, in their Conclusions of 13 November 1992 (9), in response to the Commission communication to the Council of 11 May 1992 on health education in schools, the Council and the Ministers for Health of the Member States meeting within the Council identified school as a vital setting for systematically developing a healthy lifestyle at an early age that would enable sickness and accidents to be reduced; whereas they considered that there were a variety of other settings such as local communities, homes, workplaces and hospitals, in which health education had a central role; whereas they invited the Commission to strengthen cooperation between Member States in implementing effective health education measures in the various settings;(7) Whereas in its resolution of 19 November 1993 on public health policy after Maastricht (10) the European Parliament formulated a series of proposals for Community action in the field of accident prevention and prevention of cardiovascular diseases which are not currently the subject of Community programmes;(8) Whereas, in its Resolution of 2 June 1994 concerning cardiovascular diseases (11), the Council invited the Commission to examine actions to encourage their prevention and further study of the risk factors for such diseases;(9) Whereas the results of the integrated approach adopted in the joint World Health Organization - Council of Europe - European Community Project entitled 'The European Network of Health-Promoting Schools` are encouraging with respect to ways of implementing health promotion in particular settings;(10) Whereas it is recognized that socio-economic conditions such as urbanization, housing, unemployment and social exclusion have to be taken into consideration in the promotion of health, particularly for those living in deprived areas;(11) Whereas health education and information are expressly mentioned in the provisions of the Treaty dealing with public health, and constitute a priority for Community action in public health;(12) Whereas, by reason of its scale and effects, Community action in support of health promotion enables the objectives envisaged to be more effectively achieved;(13) Whereas cooperation with the competent international organizations and with non-member countries should be strengthened;(14) Whereas a multiannual programme should be launched with clear objectives for Community action, and priority measures should be selected, as well as appropriate mechanisms for the evaluation of such action, with a view to promoting the health of all the citizens of the Community;(15) Whereas this programme must contribute to raising awareness of health determinants and risk factors and encourage the development of an integrated approach to health promotion;(16) Whereas, from an operational point of view, the activities undertaken in the past in terms of both the establishment of Community networks of non-governmental organizations and of the mobilization of all those involved in health promotion and education should be safeguarded and developed;(17) Whereas the programme must take account of past and current measures implemented in the Member States either by the competent authorities or by other parties involved in health policy;(18) Whereas, however, possible duplication of effort should be avoided by the promotion of the exchange of experience and by the joint development of basic information modules for the general public, for health education and for training members of the health-care professions;(19) Whereas the objectives of this programme and the actions undertaken to implement it form part of the health protection requirements referred to in the third subparagraph of Article 129 (1) of the Treaty and as such form a constituent part of the Community's other policies;(20) Whereas it is important that the Commission ensures implementation of this programme in close cooperation with the Member States; whereas, to that end, provision should be made for a procedure to ensure that Member States are fully involved in implementing the plan;(21) Whereas a modus vivendi between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the Treaty was concluded on 20 December 1994;(22) Whereas this Decision lays down, for the entire duration of this programme, a financial framework constituting the principal point of reference, within the meaning of point 1 of the Declaration by the European Parliament, the Council and Commission of 6 March 1995, for the budgetary authority during the annual budgetary procedure;(23) Whereas this programme should run for five years in order to allow sufficient time for actions to be implemented to achieve the objectives set;(24) Whereas, in order to increase the value and impact of the action programme, a continuous assessment of the measures undertaken should be carried out, with particular regard to their effectiveness and the achievement of objectives at both national and Community level and, where appropriate, the necessary adjustments should be made;(25) Whereas responsibility for measures concerning sex education in general, especially measures designed to further integrate such education within schools, lies with the Member States, with due regard to their structures, especially schools,HAVE DECIDED AS FOLLOWS:Article 1Establishment of the programme 1. A programme of Community action on health promotion, information, education and training, hereinafter referred to as 'the programme`, shall be adopted for the period 1 January 1996 to 31 December 2000 within the framework for action in the field of public health.2. The objective of the programme shall be to contribute towards ensuring a high level of health protection and shall comprise actions aimed at:- encouraging the 'health promotion` approach in Member States' health policies by lending support to various cooperation measures (exchanges of experience, pilot projects, networks, etc.),- encouraging the adoption of healthy lifestyles and behaviour,- promoting awareness of risk factors and health-enhancing aspects,- encouraging intersectoral and multidisciplinary approaches to health promotion, taking account of the socio-economic factors and the physical environment necessary for the health of the individual and the community, especially for disadvantaged groups.3. The actions to be implemented under the programme and their specific objectives are set out in the Annex under the following headings:A. Health promotion strategies and structuresB. Specific prevention and health promotion measuresC. Health informationD. Health educationE. Vocational training in public health and health promotion.Article 2Implementation 1. The Commission shall ensure the implementation, in close cooperation with the Member States, of the actions set out in the Annex, in accordance with Article 5.2. The Commission shall cooperate with the institutions and organizations which are active in the field of health promotion, information, education and training.Article 3Budget 1. The financial framework for implementation of the programme for the period referred to in Article 1 shall be ECU 35 million.2. The annual appropriations shall be authorized by the budgetary authority within the limits of the financial perspective.Article 4Consistency and complementarity The Commission shall ensure that there is consistency and complementarity between actions to be implemented under the programme and the other relevant Community programmes and initiatives, as part of public health action or the fields of education and vocational training (Socrates and Leonardo da Vinci programmes), research (Biomed II) and health and safety at work.Article 5Committee 1. The Commission shall be assisted by a Committee consisting of two members designated by each Member State and chaired by a representative of the Commission.2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken concerning:(a) the Committee's rules of procedure;(b) an annual work programme indicating the priorities for action;(c) the arrangements, criteria and procedures for selecting and financing projects under the programme, including those involving cooperation with international organizations competent in the field of public health and participation of the countries referred to in Article 6 (2);(d) the evaluation procedure;(e) the arrangements for dissemination and transfer of results;(f) the arrangements for cooperating with the institutions and organizations referred to in Article 2 (2).The Committee shall deliver its opinion on the draft measures referred to above within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall forthwith be communicated by the Commission to the Council. In that event:- the Commission shall defer application of the measures which it has decided upon for a period of two months from the date of such communication;- the Council, acting by a qualified majority, may take a different decision within the time limit laid down in the first indent.3. In addition, the Commission may consult the Committee on any other matter concerning the implementation of the programme.The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter, if necessary by taking a vote.The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its opinion recorded in the minutes.The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.4. The representative of the Commission shall keep the Committee regularly informed of:- financial assistance granted under the programme (amount, duration, breakdown and beneficiaries),- Commission proposals or Community initiatives and the implementation of programmes in other areas which are of direct relevance to achievement of the objectives of the programme, with a view to ensuring the consistency and complementarity referred to in Article 4.Article 6International cooperation 1. In the course of implementing the programme, cooperation with non-member countries and with international organizations competent in the field of public health, in particular the World Health Organization and the Council of Europe as well as non-governmental organizations active in the areas covered by this programme, will be encouraged and implemented in accordance with the procedure laid down in Article 5.2. The programme shall be open to participation by the associated countries of Central and Eastern Europe (Accee) in accordance with the conditions laid down in the Additional Protocols to the Association Agreements relating to participation in Community programmes, to be concluded with those countries. The programme shall be open to participation by Cyprus and Malta on the basis of additional appropriations in accordance with the same rules as those applied to the EFTA countries, in accordance with procedures to be agreed with those countries.Article 7Monitoring and evaluation 1. The Commission, taking into account the reports drawn up by the Member States and with the participation, where necessary, of independent experts, shall ensure that an evaluation is made of the actions undertaken.2. The Commission shall submit to the European Parliament and the Council an interim report halfway through the programme and a final report on completion thereof. The Commission shall incorporate into these reports the results of the evaluations. It shall also send the reports to the Economic and Social Committee and the Committee of the Regions.Done at Brussels, 29 March 1996.For the European ParliamentThe PresidentK. HÄNSCHFor the CouncilThe PresidentT. TREU(1) OJ No C 252, 9. 9. 1994, p. 3, and OJ No C 135, 2. 6. 1995, p. 2.(2) OJ No C 102, 24. 4. 1995, p. 15.(3) OJ No C 210, 14. 8. 1995, p. 81.(4) Opinion of the European Parliament of 15 March 1995, (OJ No C 89, 10. 4. 1995, p. 72), Council Common Position of 2 June 1995 (OJ No C 216, 21. 8. 1995, p. 21) and Decision of the European Parliament of 25 October 1995 (OJ No C 308, 20. 11. 1995). Decision of the European Parliament of 15 February 1996 (OJ No C 65, 4. 3. 1996) and Council Decision of 16 February 1996.(5) OJ No C 174, 25. 6. 1993, p. 1.(6) OJ No C 165, 17. 6. 1994, p. 1.(7) OJ No C 3, 5. 1. 1989, p. 1.(8) OJ No C 329, 31. 12. 1990, p. 1.(9) OJ No C 326, 11. 12. 1992, p. 2.(10) OJ No C 329, 6. 12. 1993, p. 375.(11) OJ No C 165, 17. 6. 1994, p. 3.ANNEX COMMUNITY ACTION PROGRAMME ON HEALTH PROMOTION (1996 to 2000) A. HEALTH PROMOTION STRATEGIES AND STRUCTURES Objective To encourage the evaluation of the impact of health promotion policies and instruments and the development of a health promotion approach in the Member States by promoting the devising and assessment of health promotion strategies and dissemination of the best practices.Actions 1. Surveys and comparative analyses of the impact of Community and national health promotion policies and instruments and of health promotion structures and strategies and the assessment of the latter; activities to encourage and support cooperation between Member States on various strategic aspects of public health and health promotion.2. Support for transnational networks of national, regional or local health promotion bodies, adopting an integrated approach (i.e. an approach covering the various determinants, contexts and population groups) and promotion of joint activities and projects.B. SPECIFIC PREVENTION AND HEALTH PROMOTION MEASURES Objective To improve knowledge, particularly in conjunction with measures under the Biomed programme, of the situation and the problem of health promotion in relation to certain risk factors and health determinants and to certain disadvantaged social groups. To promote intersectoral and multidisciplinary approaches to health promotion directed at vulnerable or disadvantaged groups.Measures 3. Support for integrated health promotion measures and projects relating more specifically to groups which are disadvantaged as a result of their vulnerability or social exclusion, of social and cultural differences or of living in unfavourable areas or environments, together with measures to combat exclusion and precarious situations.4. Examination of the role of nutrition and other life-style factors in the etiology of diseases and information to the public to improve understanding of basic nutritional principles and of new techniques and methods of presenting and preparing foodstuffs.5. Promotion of analysis, evaluation and exchange of experience and information and support for actions in respect of innovative measures for the prevention of cardiovascular and cerebrovascular diseases, taking account of the risk factors for such diseases.6. Support for exchanges of experience and information concerning the rational use of medicines, in particular generic medicines and self-medication, in cooperation with general practitioners and pharmacists. Exchange of experience on providing the public with information on the use of medicines, in particular medicines available without prescription.7. Promotion of examination, assessment and exchanges of experience and support for actions concerning measures to prevent alcohol abuse and the health and social consequences thereof.8. Support for measures to promote regular physical activity and to reach sound physical and mental hygiene practices.9. Support for studies on ageing populations in the European Union and promotion of exchanges of experience and information on the prevention of age-related illnesses in conjunction with the other specific programmes.C. HEALTH INFORMATION Objective To improve knowledge of mechanisms for devising health messages and assessing health information methods and encourage an exchange of information and documentation between professionals and those responsible for public health and health promotion policies.Measures 10. Support for and coordination of work in the Member States to improve knowledge of the psychological, sociological and cultural mechanisms and the economic factors involved and of information methods to encourage the adoption of healthy lifestyles; support for the assessment of results and for dissemination of the best practices.11. Surveys of public opinion on various aspects of health promotion (Eurobarometer survey) and support for the preparation and assessment of specific information campaigns including those coordinated at Community level or in several Member States.12. Support for the development of a European infrastructure, for example in the form of transnational networks, reference centres containing information and documentation on public health and health promotion for use by professionals, administrators and decision-makers in the field of public health, and dissemination to interested parties of information on the Community's activities in this field.D. HEALTH EDUCATION Objective To encourage greater integration of health education in schools, including sex education; to foster the development and dissemination of the best health education experiments and methods tailored to different contexts (e.g. school, work and leisure) and different target groups (e.g. children, adolescents and young adults, and workers).Measures 13. Exchanges of experience between Member States concerning the development and distribution of appropriate health education programmes, teaching materials and modules. Support for information campaigns, demonstration projects and innovative experiments aimed at promoting healthy lifestyles and responsible behaviour including support for the European Network of Health-Promoting Schools in cooperation with the WHO and the Council of Europe.14. Support for, coordination and evaluation of health education projects which are aimed at young persons and adolescents who have left the school system and are devised and implemented either by official bodies or by private associations and non-governmental organizations in settings such as sport and leisure activities and socio-cultural activity centres.15. Support for innovative means of providing continuing structured health education, involving distance teaching and information technologies, for adults and the elderly.16. Support for health education measures in the workplace, particularly in relation to nutrition and the risks involved in tobacco and alcohol consumption, as well as mental health factors, including prevention of stress-related risks.E. VOCATIONAL TRAINING IN PUBLIC HEALTH AND HEALTH PROMOTION Objective To help to familiarize the various categories of health staff, those who decide on and administer health policy or action and those in the front line of health promotion (e.g. teachers, educators, social workers) with knowledge, ideas and methods relating to public health, prevention, health promotion, information and health education.Measures 17. Review and assessment of existing structures and training schemes in public health and health promotion and compilation of a European directory. Support for cooperation between schools of public health, universities and bodies providing training in this area with a view to the development of common training courses and exchanges of students and teaching staff in conjunction with existing education and training schemes.18. Promotion of cooperation between Member States on the content of training courses and training activities in the fields of public health and health promotion for professionals, administrators and decision-makers, emphasizing interdisciplinary approaches (including social, economic, psychological and environmental aspects).19. Support for training activities relating to health education in schools aimed at teachers, instructors and other staff concerned including development of modules, teaching aids and educational materials.20. Encouragement and support for exchanges of experience relating to the training of health professionals in health promotion and the early detection and prevention of diseases, including cardiovascular diseases, and in identifying and controlling risk factors and situations, including those linked to alcohol abuse.


title: Council Decision of 18 January 2010 appointing two members of the Management Board of the European Chemicals Agency

text:
               22.1.2010

               EN

               Official Journal of the European Union

               C 16/5

         COUNCIL DECISION
   of 18 January 2010
   appointing two members of the Management Board of the European Chemicals Agency
   2010/C 16/03
   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) and establishing a European Chemicals Agency (1), and in particular Article 79 thereof,
   Whereas:

               (1)

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

               (2)

               By Decision of 7 June 2007 (2) the Council appointed 27 members of the Management Board of the European Chemicals Agency.

               (3)

               By Decision of 15 November 2007 (3) the Council, at the request of the Belgian Government, replaced the Belgian representative on the Management Board.

               (4)

               The Belgian Government has informed the Council of its intention to replace the Belgian 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 2011.

               (5)

               The United Kingdom Government has informed the Council of its intention to replace the United Kingdom 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 2011,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Helmut DE VOS of Belgian nationality, born on 25 February 1978, shall be appointed member of the Management Board of the European Chemicals Agency in place of Mr Marc LEEMANS for the period from 23 January 2010 to 31 May 2011.
   Article 2
   Mr Arwyn DAVIES of British nationality, born on 17 January 1957, shall be appointed member of the Management Board of the European Chemicals Agency in place of Mr John ROBERTS for the period from 23 January 2010 to 31 May 2011.
   Article 3
   This Decision shall enter into force on the date of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 18 January 2010.

            For the Council

            The President

         E. ESPINOSA

      (1)  OJ L 396, 30.12.2006, p. 1. Corrected version in OJ L 136, 29.5.2007, p. 3.

      (2)  OJ C 134, 16.6.2007, p. 6.

      (3)  OJ C 280, 23.11.2007, p. 2.


European Parliament decision of 29 November 2007 on the nomination of Michel Cretin as a Member of the Court of Auditors (C6-0305/2007 - 2007/0814(CNS))


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31991D0544

91/544/EEC: Commission Decision of 17 October 1991 on the Liaison Group on the Elderly

Official Journal L 296 , 26/10/1991 P. 0042 - 0044

COMMISSION DECISION  of 17 October 1991  on the Liaison Group on the Elderly  (91/544/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the constant improvement of living and working conditions and the harmonious development of economies are aims of the European Economic Community;  Whereas the European Parliament adopted its resolution of 18 February 1982 on the situation and problems of the aged in the European Community (1), its resolution of 10 March 1986 on services for the elderly (2) and its resolution of 14 May 1986 on  Community measures to improve the situation of old people (3);  Whereas the Council adopted its Decision of 26 November 1990 on Community actions for the elderly (4);  Whereas current demographic movements tend towards an increase in the elderly population with a particular emphasis on the very old; whereas this trend will have considerable economic and social implications, inter alia, for the employment market,  social security and social expenditure;  Whereas exchanges of information and experience as well as cooperation and consultation on measures affecting the elderly between the Commission, the Member States and the representatives of the elderly are important for the development of solidarity in  the Community;  Whereas the measures to be carried out at Community level are intended to make known and to complement the different types of measures carried out in Member States at various levels;  Whereas the Commission, in its communication on the elderly, proposes to set up a Liaison Group comprising representatives of organizations with a European orientation which work with and/or for the elderly;  Whereas it is necessary to give this Group a statute based on the experience gained,  HAS DECIDED AS FOLLOWS:  Article 1  A Liaison Group on the Elderly, hereinafter called the 'Group', is hereby set up at the Commission.  Article 2  It shall be possible for the Commission to consult the Group on all areas relating to the protection of the interests of the elderly.  Article 3  1. The Group shall consist of representatives of organizations, established in the Member States, with a European orientation which work with and for the elderly.  2. The Group shall comprise 20 members whose names shall be put forward at the request of the Commission by the organizations working in support of the elderly.  3. These organizations must put forward twice as many names as the number of members to be appointed by the Commission. Each organization may put forward 10 names.  4. The organizations which will be requested to put forward names are listed in the Annex to this Decision.  Article 4  1. The members of the Group shall be appointed by the Commission.  2. Alternate members shall be appointed under the same conditions as the full members and in equal numbers. The alternate member shall automatically replace the full member if the latter is absent or indisposed.  3. The seats are to be allocated as follows:   - Retired Workers' Coordinating Committee of the European Trade Union Confederation:  5 seats  - Eurag - European Federation for the Welfare of the Elderly:  5 seats  - Eurolink Age:  5 seats  - Fiapa - International Federation of Associations for  the Elderly:  5 seats  Article 5  1. The term of office of the members of the Group shall be 18 months and may be renewed twice.  2. When the term of office of members of the Group expires, they shall remain in office until provision is made for their replacement or for the renewal of their term of office.  3. The term of office of a member of the Group shall be terminated prior to its expiry if the member resigns, terminates his membership of the organization or body which he represents, or if he dies.  4. The term of office of a member may also be terminated if the organization or institution which he represents requests that he be replaced.  If a member of the Group is replaced before his term of office expires, he shall be replaced for the remainder of his term of office, in accordance with the procedure provided for in Article 3.  5. Members of the Group shall not receive any remuneration.  Article 6  The list of the full and alternate members shall be published by the Commission in the Official Journal of the European Communities for purposes of information.  Article 7  1. The Group shall elect a Chairman for a period of 18 months by a two-thirds majority of the members present. If, within six weeks after the date of the inaugural meeting, no two-thirds majority is found, the Commission shall assume the  Chairmanship for the duration of the Group's term of office.  2. The Group may set up subgroups.  Article 8  1. The Group shall meet at the premises of the Commission when convened by the latter. Meetings shall be held at least twice per year and, in addition, at the request of two-thirds of the Group's members.  2. Representatives of the Commission's departments concerned by the work of the Group shall participate in its meetings and those of its working parties.  3. In an emergency, the Group may, on its own initiative or at the request of the Commission, adopt opinions by a written procedure in accordance with the arrangements laid down in the Group's rules.  Article 9  The Commission shall provide secretarial services for the work of the Group and its subgroups.  Article 10  1. The Group may invite any person who has particular competence in an area included in the agenda to participate in its work as an expert.  Experts shall participate in the work for which they have been invited.  2. The Group may invite representatives of professional organizations particularly concerned by a subject included in the agenda to participate in its work as observers. Observers shall participate in the work for which they have been invited.  3. The Commission may invite persons who have particular competence in matters relating to the elderly to participate in the work of the Group under the conditions set out in paragraph 1.  Article 11  1. The deliberations of the Group shall relate to the requests for opinions that it has received from the Commission. They shall not be followed by a vote.  2. When the Commission asks the Group for an opinion, it may set a deadline by which the opinion shall be issued.  3. The views expressed by the organizations represented shall be recorded in the minutes.  4. If the requested opinion is based on unanimous agreement within the Group, it shall draw up joint conclusions and attach them to the minutes.  Article 12  However, the Group may decide on its own initiative, having consulted the Commission, to draft an opinion if such a move is approved by a two-thirds majority of the members present.  Article 13  Without prejudice to the provisions of Article 214 of the Treaty, the members of the Group shall be obliged not to disclose information they have received through the work of the Group, its bureau or working parties, whenever the Commission  informs them that the opinion requested or the question asked relates to a confidential matter.  In this case, only the members of the Group and the representatives of the Commission's departments may take part in the meetings.  Article 14  This Decision shall take effect on 17 October 1991. Done at Brussels, 17 October 1991. For the Commission  Vasso PAPANDREOU  Member of the Commission   (1) OJ No C 66, 15. 3. 1982, p. 71. (2) OJ No C 88, 14. 4. 1986, p. 17. (3) OJ No C 148, 16. 6. 1986, p. 61. (4) OJ No L 28, 2. 2. 1991, p. 29.


title: 2012/426/CFSP: Political and Security Committee Decision EUCAP NESTOR/1/2012 of 17 July 2012 concerning the appointment of the Head of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)

text:
               25.7.2012

               EN

               Official Journal of the European Union

               L 198/16

         POLITICAL AND SECURITY COMMITTEE DECISION EUCAP NESTOR/1/2012
   of 17 July 2012
   concerning the appointment of the Head of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)
   (2012/426/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2012/389/CFSP of 16 July 2012 on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (1), and in particular Article 9(1) thereof,
   Whereas:

               (1)

               Pursuant to Article 9(1) of Decision 2012/389/CFSP, the Political and Security Committee is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR), including the decision to appoint a Head of Mission.

               (2)

               The High Representative of the Union for Foreign Affairs and Security Policy has proposed the appointment of Mr Jacques LAUNAY as Head of Mission of EUCAP NESTOR from 17 July 2012,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Jacques LAUNAY is hereby appointed Head of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) from 17 July 2012.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 17 July 2012.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 187, 17.7.2012, p. 40.


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31990D0083

90/83/EEC: Council Decision of 22 February 1990 providing medium-term financial assistance for Hungary

Official Journal L 058 , 07/03/1990 P. 0007 - 0008 Finnish special edition: Chapter 11 Volume 15 P. 0188  Swedish special edition: Chapter 11 Volume 15 P. 0188

*****COUNCIL  DECISION  of 22 February 1990  providing medium-term financial assistance for Hungary  (90/83/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1), submitted following consultation with the Monetary Committee,  Having regard to the opinion of the European Parliament (2),  Whereas the European Council of 8 and 9 December 1989 referred to the need to grant Hungary, after agreement with the International Monetary Fund (IMF), an adjustment loan of an amount of US $ 1 000 million; whereas this amount is the equivalent of ECU 870 million;  Whereas the people of Hungary have close historic relationships with the people of the Community, and whereas that country is undertaking fundamental political and economic reforms and has decided to adopt a market economy model;  Whereas the said reforms will strengthen mutual confidence and bring Hungary closer to the Community;  Whereas the granting of the medium-term loan is an appropriate measure to facilitate the adjustment of the Hungarian economy in order to reap the full benefits of an economy based on market principles; whereas the terms and conditions of the loan should emphasise necessary structural adjustment, with due regard for social stability, as well as being consistent with the terms and conditions put forward by the IMF, whereas an agreement with the IMF on a stabilisation programme is necessary and should be concluded quickly; whereas assurances should be secured that Hungary has negotiated satisfactory terms with its private creditors to ensure their continued participation;  Whereas the economic reforms will contribute to mutually beneficial economic and commercial relationships between Hungary and the Community; whereas these relationships will promote, throughout the Community, a harmonious development of economic activities;  Whereas examination by the Commission, in collaboration with the Monetary Committee, has shown a marked deterioration in Hungary's economic situation;  Whereas the Hungarian Government has applied to the Community for a medium-term loan;  Whereas it is appropriate to associate other G24 countries with this loan operation;  Whereas this action is urgent and the first tranche should consequently be implented rapidly;  Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,  HAS DECIDED AS FOLLOWS:  Article 1  The Community shall grant to Hungary a medium-term loan facility of a maximum amount of ECU 870 million in principal, with a maximum duration of five years, in order to permit that country to overcome the difficulties of structural adjustment of its economy.  This loan will be managed by the Commission in full consultation with the Monetary Committee, in a manner consistent with any agreement reached between the International Monetary Fund (IMF) and Hungary.  Article 2  The Commission is empowered to negotiate with the Hungarian authorities, after consultation with the Monetary Committee, the terms and conditions of the loan in order to facilitate structural adjustment and the evolution of Hungary's economy towards a market-oriented system in a stable macroeconomic and social environment. These terms and conditions shall be consistent with the agreement referred to in the second paragraphe of Article 1.  The Commission shall verify at regular intervals, in collaboration with the Monetary Committee, that the economic policy in Hungary accords with the objectives of this loan and that its conditions are being fulfilled.  Article 3  The loan shall be made available to Hungary in tranches. Each tranche shall be released to the National Bank of Hungary.  Article 4  As a first tranche, the Commission is empowered to borrow, on behalf of the European Economic Community, an amount of ECU 350 million in principal.  The proceeds of these borrowings shall be on-lent to Hungary as soon as a 'stand-by arrangement' has been concluded between Hungary and the IMF.  Article 5  The release of, and the procedural arrangements for, the subsequent tranches, including the question of the guarantee, shall be decided upon at a later stage.  Article 6  1. The borrowing and lending operations referred to in Article 4 shall be carried out using the same value date and must not involve the Community in the transformation of maturities, in any exchange or interest-rate risk, or in any other commercial risk.  2. The Commission shall take the necessary steps, if Hungary so decides, to include in the loan conditions, and also to exercise, an early repayment clause.  3. At the request of Hungary, and where circumstances permit an improvement in the interest rate on the loans, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average duration of the borrowing concerned or increasing the amount, expressed at the current exchange rate, of capital outstanding at the date of the refinancing or restructuring.  4. All related costs incurred by the Community in concluding and carrying out the operation under this Decision shall be borne by Hungary.  5. The Monetary Committee shall be kept informed of developments in the operations referred to in paragraphs 2 and 3.  Article 7  At least once a year, the Commission shall address to the European Parliament and to the Council a report, which will include an evaluation, on the implementation of this Decision.  Done at Brussels, 22 February 1990.  For the Council  The President  D. J. O'MALLEY  (1) OJ No C 20, 27. 1. 1990, p. 9.  (2) OJ No C 38, 19. 2. 1990.


title: 86/632/EEC: Council Decision of 8 December 1986 concluding an Additional Protocol to the Agreement between the European Economic Community and the Republic of Haiti on trade in textile products consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

text:
27 . 12 . 86                             Official Journal of the European Communities                                 No L 366 / 19
                                                     COUNCIL DECISION
                                                       of 8 December 1986
                   concluding an Additional Protocol to the Agreement between the European Economic
                   Community and the Republic of Haiti on trade in textile products consequent on the accession
                            of the Kingdom of Spain and the Portuguese Republic to the Community
                                                          ( 86 / 632 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               on trade in textile products consequent on the accession
                                                                        of the Kingdom of Spain and the Portuguese Republic to
Having regard to the Treaty establishing the European                   the Community is hereby approved on behalf of the
Economic Community , and in particular Article 113                      Community .
thereof ,
                                                                        The text of the Protocol is attached to this Decision .
Having      regard   to   the   recommendation     from     the
Commission ,
Whereas it is necessary to approve the Additional Protocol to                                     Article 2
the Agreement between the European Economic Community
and the Republic of Haiti on trade in textile products to take          The President of the Council shall give the notification
account of the accession to the Community of the Kingdom                provided for in Article 4 of the Additional Protocol .
of Spain and the Portuguese Republic ,
HAS DECIDED AS FOLLOWS :
                                                                        Done at Brussels , 8 December 1986 .
                            Article 1                                                                               For the Council
                                                                                The President
The Additional Protocol to the Agreement between the
European Economic Community and the Republic of Haiti                                                                 N. LAWSON


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32002D1008

2002/1008/EC: Council Decision of 9 December 2002 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out, for the period from 3 August 2002 to 2 August 2004, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Republic of Angola on fishing off Angola

Official Journal L 351 , 28/12/2002 P. 0090 - 0111

Council Decisionof 9 December 2002on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out, for the period from 3 August 2002 to 2 August 2004, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Republic of Angola on fishing off Angola(2002/1008/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37, in conjunction with Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) In accordance with the Agreement between the European Economic Community and the Government of the Republic of Angola on fishing off Angola(1), the two parties held negotiations to determine any amendments or additions to be made to the Agreement at the end of the period of application of the Protocol annexed thereto.(2) As a result of these negotiations, a new Protocol was initialled on 30 June 2002.(3) The Protocol provides Community fishermen with fishing opportunities in waters under the sovereignty or jurisdiction of Angola from 3 August 2002 to 2 August 2004.(4) In order to ensure uninterrupted fishing activities by Community vessels, it is essential that the new Protocol be approved as quickly as possible. To this end, the two parties initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from 3 August 2002.(5) The method of allocating the fishing opportunities among the Member States should be defined on the basis of the traditional allocation of fishing opportunities under the Fisheries Agreement,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out, for the period from 3 August 2002 to 2 August 2004, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Republic of Angola on fishing off Angola is hereby approved on behalf of the Community.The texts of the Agreement in the form of an Exchange of Letters and of the Protocol are attached to this Decision.Article 2The fishing opportunities fixed in the Protocol shall be allocated among the Member States as follows:>TABLE>If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may consider licence applications from any other Member State.Article 3The 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, 9 December 2002.For the CouncilThe PresidentH. C. Schmidt(1) OJ L 341, 3.12.1987, p. 2.


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32002D0971

2002/971/EC: Council Decision of 18 November 2002 authorising the Member States, in the interest of the Community, to ratify or accede to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (the HNS Convention)

Official Journal L 337 , 13/12/2002 P. 0055 - 0056

Council Decisionof 18 November 2002authorising the Member States, in the interest of the Community, to ratify or accede to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (the HNS Convention)(2002/971/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 61(c), Article 67(1) and Article 300(2) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 (hereinafter referred to as the "HNS Convention") is aimed at ensuring adequate, prompt, and effective compensation of persons who suffer damage caused by spills of hazardous and noxious substances, when carried by sea. The HNS Convention fills a significant gap in the international regulation of marine pollution liability.(2) Articles 38, 39 and 40 of the HNS Convention affect Community secondary legislation on jurisdiction and the recognition and enforcement of judgments, as laid down in Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(3).(3) The Community therefore has sole competence in relation to Articles 38, 39 and 40 of the HNS Convention inasmuch as that Convention affects the rules laid down in Regulation (EC) No 44/2001. The Member States retain their competence for matters covered by that Convention which do not affect Community law.(4) Pursuant to the HNS Convention, only sovereign States may be party to it; there are no plans, in the short term, to reopen negotiations for the purpose of taking into account Community competence for the matter. It is not therefore possible for the Community to ratify or accede to the HNS Convention at present, nor is there any prospect that it will be able to do so in the near future.(5) The HNS Convention is particularly important, given the interests of the Community and its Member States, because it makes for improved victim protection under international rules on marine pollution liability, in keeping with the 1982 United Nations Convention on the Law of the Sea.(6) The substantive rules of the system established by the HNS Convention fall under the national competence of Member States and only the provisions of jurisdiction and the recognition and enforcement of the judgments are matters covered by exclusive Community competence. Given the subject matters and the aim of the HNS Convention, acceptance of the provisions of that Convention which come under Community competence cannot be dissociated from the provisions which come under the competence of the Member States.(7) The Council should therefore authorise the Member States to ratify or accede to the HNS Convention in the interest of the Community, under the conditions set out in this Decision.(8) Member States should finalise, within a reasonable time, their procedures for ratification of, or accession to, the HNS Convention in the interest of the Community. Member States should exchange information on the state of their ratification or accession procedures in order to prepare the deposit of their instruments of ratification of, or accession to, the Convention.(9) The United Kingdom and Ireland are taking part in the adoption and application of this Decision.(10) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision, and is not bound by it or subject to its application,HAS ADOPTED THIS DECISION:Article 11. Without prejudice to existing European Community competence in the matter, the Council hereby authorises the Member States to ratify or accede to the HNS Convention in the interest of the Community, subject to the conditions set out in the following Articles.2. The text of the HNS Convention is attached to this Decision.3. In this Decision, the term "Member State" shall mean all Member States with the exception of Denmark.Article 2When ratifying or acceding to the HNS Convention, Member States shall make the following declaration:"Judgments on matters covered by the Convention shall, when given by a court of ((4)...), be recognised and enforced in ((5)... ) according to the relevant internal Community rules on the subject.(6)"Article 31. Member States shall take the necessary steps to deposit the instruments of ratification of, or accession to, the HNS Convention within a reasonable time with the Secretary-General of the International Maritime Organisation and, if possible, before 30 June 2006.2. Member States shall inform the Council and the Commission, before 30 June 2004, of the prospective date of finalisation of their ratification or accession procedures.3. Member Sates shall seek to exchange information on the state of their ratification or accession procedures.Article 4When ratifying or acceding to the HNS Convention, Member States shall inform the Secretary-General of the International Maritime Organisation in writing that such ratification or accession has taken place in accordance with this Decision.Article 5Member States shall, at the earliest opportunity, use their best endeavours to ensure that the HNS Convention is amended to allow the Community to become a contracting party to it.Done at Brussels, 18 November 2002.For the CouncilThe PresidentP. S. Møller(1) OJ C 51 E, 26.2.2002, p. 370.(2) Opinion delivered on 11 June 2002 (not yet published in the Official Journal).(3) OJ L 12, 16.1.2001, p. 1.(4) All the Member States to which this Decision is applicable except the Member State making the declaration and Denmark.(5) Member State making the declaration.(6) At present, these rules are laid down in Regulation (EC) No 44/2001.


title: Council Decision (CFSP) 2015/972 of 22 June 2015 launching the European Union military operation in the southern Central Mediterranean (EUNAVFOR MED)

text:
               23.6.2015

               EN

               Official Journal of the European Union

               L 157/51

         COUNCIL DECISION (CFSP) 2015/972
   of 22 June 2015
   launching the European Union military operation in the southern Central Mediterranean (EUNAVFOR MED)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,
   Having regard to Council Decision (CFSP) 2015/778 of 18 May 2015 on a European Union military operation in the southern Central Mediterranean (EUNAVFOR MED) (1), and in particular Article 5 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 18 May 2015, the Council adopted Decision (CFSP) 2015/778.

               (2)

               Following the recommendation of the Operation Commander, EUNAVFOR MED should be launched on 22 June 2015.

               (3)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision, is neither bound by it nor subject to its application, and does not participate in the financing of this operation,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Operation Plan and the Rules of Engagement concerning the European Union military operation in the southern Central Mediterranean (EUNAVFOR MED) are hereby approved.
   Article 2
   1.   EUNAVFOR MED shall be launched on 22 June 2015.
   2.   In accordance with Article 2(3) of Decision (CFSP) 2015/778, the Council shall assess whether the conditions for transition beyond the first phase of the operation have been met, taking into account any applicable UN Security Council Resolution and consent by the coastal states concerned. Subject to such assessment by the Council, and in accordance with Article 6(1) of Decision (CFSP) 2015/778, the Political and Security Committee shall have the power to decide when to make the transition between the different phases of the operation.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 22 June 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 122, 19.5.2015, p. 31.


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31994D0898

94/898/EEC: Council Decision of 16 July 1990 on the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and the Republic of India on the guaranteed prices for cane sugar for the 1988/89 delivery period

Official Journal L 355 , 31/12/1994 P. 0007

COUNCIL  DECISIONof 16 July 1990on the conclusion of an Agreement in the form of an exchange of letters  between the European Economic Community and the Republic of India on the guaranteed prices for cane  sugar for the 1988/89 delivery period(94/898/EEC)THE COUNCIL OF THE EUROPEAN  COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  113 thereof, Having regard to the proposal from the Commission, Whereas implementation of the Agreement between the European Economic Community and the Republic of  India on cane sugar (1) is carried out, in accordance with Article 1 (2) thereof, within the  framework of the management of the common organization of the sugar market; Whereas it is appropriate to approve the Agreement in the form of an exchange of letters between  the European Economic Community and the Republic of India on the guaranteed prices for cane sugar  for the 1988/89 delivery period, HAS DECIDED AS FOLLOWS: Article 1The Agreement in the form of an exchange of letters between the  European Economic Community and the Republic of India on the guaranteed prices for cane sugar for  the 1988/89 delivery period is hereby approved don behalf of the Community. The text of the Agreement is attached to this Decision. Article 2The President of the Council is hereby authorized to designate the person empowered to  sign the Agreement in order to bind the Community. Article 3This Decision shall be published in the Official Journal of the European Communities. Done at Brussels, 16 July 1990. For the CouncilThe PresidentG. DE MICHELIS (1) OJ No L 190, 22. 7. 1975, p. 35.