title: Decision (EU) 2018/1720 of the European Parliament and of the Council of 23 October 2018 on the mobilisation of the European Globalisation Adjustment Fund following an application from Portugal — EGF/2018/002 PT/Norte — Centro — Lisboa wearing apparel

text:
                  16.11.2018

                  EN

                  Official Journal of the European Union

                  L 291/8

         DECISION (EU) 2018/1720 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         of 23 October 2018
         on the mobilisation of the European Globalisation Adjustment Fund following an application from Portugal — EGF/2018/002 PT/Norte — Centro — Lisboa wearing apparel
         THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
         Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     The European Globalisation Adjustment Fund (EGF) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market.

                     (2)

                     The EGF is not to exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (3).

                     (3)

                     On 24 April 2018, Portugal submitted an application to mobilise the EGF, in respect of redundancies in the manufacture of wearing apparel sector in the regions of Norte, Centro and Lisboa in Portugal. It was supplemented by additional information provided in accordance with Article 8(3) of Regulation (EU) No 1309/2013. That application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013.

                     (4)

                     In accordance with Article 6(2) of Regulation (EU) No 1309/2013, Portugal has decided to provide personalised services co-financed by the EGF also to 730 young people not in employment, education or training (NEETs).

                     (5)

                     The EGF should, therefore, be mobilised in order to provide a financial contribution of EUR 4 655 883 in respect of the application submitted by Portugal.

                     (6)

                     In order to minimise the time taken to mobilise the EGF, this decision should apply from the date of its adoption,

               HAVE ADOPTED THIS DECISION:

            Article 1
            For the general budget of the Union for the financial year 2018, the European Globalisation Adjustment Fund shall be mobilised to provide the amount of EUR 4 655 883 in commitment and payment appropriations.

            Article 2
            This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
            It shall apply from 23 October 2018.

            Done at Strasbourg, 23 October 2018.

                  For the European Parliament

                  The President

               A. TAJANI

                  For the Council

                  The President

               K. EDTSTADLER

            (1)  OJ L 347, 20.12.2013, p. 855.

            (2)  OJ C 373, 20.12.2013, p. 1.

            (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).


title: Commission Decision of 28/11/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9165 - Canada Pension Plan Investment Board / Ontario Teachers' Pension Plan Board / Impulsora del Desarrollo y El Empleo en America Latina, S.A.B. de C.V. / ConcesioAutopista Guadalajara-Tepic, S.A. de C.V.) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                                EUROPEAN COMMISSION
                                                                Brussels, 28.11.2018
                                                                C(2018) 8130 final
                                                                       PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.9165 - CPPIB/OTPP/IDEAL/CAGT
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                          2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 5 November 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Canada Pension
        Plan Investment Board ("CPPIB", Canada), Ontario Teachers' Pension Plan Board
        ("OTPP", Canada), and Promotora del Desarrollo de América Latina, S.A. de C.V.
        ("IDEAL", Mexico) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger
        Regulation joint control of the whole of Concesionaria Autopista Guadalajara-Tepic, S.A.
        de C.V. ("CAGT", Mexico), IDEAL's subsidiary which holds the concession for the
        development, maintenance, operation and exploitation of toll roads in Mexico known as
        the Tepic Bypass, the Guadalajara Bypass and Guadalajara-Tepic Toll Road, by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
          –        for CPPIB: investment management organisation that invests the funds of the
                   Canada Pension Plan, principally in public equities, private equities, real estate,
                   infrastructure and fixed income investments;
          –        for OTPP: investment management organisation that invests the pension plan
                   assets on behalf of active and retired teachers in the Canadian province of
                   Ontario;
          –        for IDEAL: public company that manages a strategic asset portfolio across
                   various infrastructure sectors which foster social development and economic
1       OJ L 24, 29.1.2004, p. 1 (the "Merger Regulation"). With effect from 1 December 2009, the Treaty on the
        Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of
        "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be
        used throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the "EEA Agreement").
3       Publication in the Official Journal of the European Union No C 412, 14.11.2018, p. 35.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---              growth through designing, developing, financing and managing different
             infrastructure projects in Mexico and in Panama, as well as holding the long term
             management, provision of services, maintenance and operation of the concessions
             and projects it has a stake in.
3. After examination of the notification, the European Commission has concluded that the
   notified operation falls within the scope of the Merger Regulation and of paragraphs
   5(a) and 5(b) of the Commission Notice on a simplified procedure for treatment of certain
   concentrations under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European Commission
   has decided not to oppose the notified operation and to declare it compatible with the
   internal market and with the EEA Agreement. This decision is adopted in application of
   Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.
                                                   For the Commission
                                                   (Signed)
                                                   Johannes LAITENBERGER
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                                 2


Commission Decision of 30/11/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.9153 - Meridiam SAS / La Caisse des dépôts et consignations / FICA-HPCI) according to Council Regulation (EC) No 139/2004 (Only the French text is authentic)


title: Commission Decision of 16/10/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8993 - China Huaxin Post and Telecom Technologies Co., Ltd / Juniper Networks International B.V. / Shanghai Huaxin Juniper Networks Co., Ltd.) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

text:
                                EUROPEAN COMMISSION
                                                                Brussels, 16.10.2018
                                                                C(2018) 6904 final
                                                                        PUBLIC VERSION
                                                                To the notifying parties:
Subject:        Case M.8993 - HUAXIN / JUNIPER / JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 21 September 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which China Huaxin Post
        and Telecom Technologies Co., Ltd ("Huaxin", PRC) and Juniper Networks International
        B.V. ("Juniper", US) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the
        Merger Regulation joint control over the whole of the undertaking Shanghai Huaxin
        Juniper Networks Co., Ltd. ("JV", PRC) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
             Huaxin is a wholly PRC State-owned industrial investment company that focusses on
              telecommunication solutions, optical fibre and cable and radio frequency, enterprise
              network and cloud computing, and system software,
          Juniper designs, develops, and sells routing, switching and security products and
              services for high-performance networks,
          The JV will be engaged in research, development, sale, marketing, manufacturing,
              distribution and service of network switches, network routers, and network security
              products in the PRC.
3.      After examination of the notification, the European Commission has concluded that the
        notified operation falls within the scope of the Merger Regulation and of paragraph 5(a) of
1       OJ L 24, 29.1.2004, p. 1 (the 'Merger Regulation'). With effect from 1 December 2009, the Treaty on the
        Functioning of the European Union ('TFEU') has introduced certain changes, such as the replacement of
        'Community' by 'Union' and 'common market' by 'internal market'. The terminology of the TFEU will be used
        throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the 'EEA Agreement').
3       Publication in the Official Journal of the European Union No C 347, 28.09.2018, p. 19.
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---    the Commission Notice on a simplified procedure for treatment of certain concentrations
   under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European Commission
   has decided not to oppose the notified operation and to declare it compatible with the
   internal market and with the EEA Agreement. This decision is adopted in application of
   Article 6(1)(b) of the Merger Regulation and Article 57 of the EEA Agreement.
                                                   For the Commission
                                                   (Signed)
                                                   Johannes LAITENBERGER
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
                                                 2


title: Council Decision (EU) 2019/217 of 28 January 2019 on the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part

text:
                  6.2.2019

                  EN

                  Official Journal of the European Union

                  L 34/1

         COUNCIL DECISION (EU) 2019/217
         of 28 January 2019
         on the conclusion of the agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with the second subparagraph of Article 218(6), point (a)(i) thereof,
         Having regard to the proposal from the European Commission,
         Having regard to the consent of the European Parliament (1),
         Whereas:

                     (1)

                     The Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (2) (‘the Association Agreement’) entered into force on 1 March 2000.

                     (2)

                     Since the Association Agreement entered into force, the Union has continued to strengthen its bilateral relations with the Kingdom of Morocco and awarded it advanced status.

                     (3)

                     The Union does not prejudge the outcome of the United Nations' political process on the final status of Western Sahara and, has consistently reaffirmed its commitment to resolving the dispute in Western Sahara, presently listed by the United Nations as a non-self-governing territory, large parts of which are currently administered by the Kingdom of Morocco. It fully supports the efforts made by the United Nations Secretary-General and his personal envoy to help the parties reach a fair, lasting and mutually-acceptable political solution that would ensure the self-determination of the people of Western Sahara under agreements aligned with the principles and objectives enshrined in the Charter of the United Nations, as set out in the Resolutions of the UN Security Council, in particular Resolutions 2152 (2014), 2218 (2015), 2385 (2016), 2351 (2017) and 2414 (2018).

                     (4)

                     Since the Association Agreement came into force, products from Western Sahara certified to be of Moroccan origin have been imported to the Union, benefiting from the tariff preferences laid down in its relevant provisions.

                     (5)

                     However, in its judgment in Case C-104/16 P (3), the Court of Justice specified that the Association Agreement covered the territory of the Kingdom of Morocco alone and not Western Sahara, which is a non-self-governing territory.

                     (6)

                     It should be ensured that the trade flows developed over the years are not disrupted, while establishing appropriate guarantees for the protection of international law, including of human rights, and sustainable development in the territories concerned. On 29 May 2017, the Council authorised the Commission to open negotiations with the Kingdom of Morocco with a view to establishing, in accordance with the judgment of the Court of Justice, a legal basis to grant the tariff preferences laid down in the Association Agreement to products originating in Western Sahara. An agreement between the European Union and the Kingdom of Morocco is the only means of ensuring that the import of products originating in Western Sahara benefits from preferential origin, given that only the Moroccan authorities are able to ensure compliance with the rules necessary for the granting of such preferences.

                     (7)

                     The Commission assessed the potential consequences of such an Agreement for sustainable development, particularly with regard to the advantages and disadvantages for the people concerned arising from the tariff preferences given to products from Western Sahara and the exploitation of the natural resources of the territories in question. The effects of tariff benefits on employment, human rights and the exploitation of natural resources are very difficult to measure as they are by nature indirect. Moreover, it is not easy to obtain objective information on this issue.

                     (8)

                     Nonetheless, the assessment indicates that, overall, the advantages for the economy of Western Sahara arising from the granting of the tariff preferences laid down in the Association Agreement to products originating in Western Sahara, such as the powerful leverage effect it represents for economic growth and thus social development, outweigh the disadvantages raised in the consultation process, such as the extensive use of natural resources, especially underground water reserves, for which measures have been taken.

                     (9)

                     It has been assessed that the extension of tariff preferences to products originating in Western Sahara will have a positive overall effect for the people concerned. It can be expected that this effect should continue and may even be enhanced in the future. The assessment indicates that extending the benefit of tariff preferences to Western Saharan products will promote the conditions for investment and foster substantial and rapid growth favourable to local jobs. The existence in Western Sahara of economic and production activities that would benefit greatly from the tariff preferences laid down in the Association Agreement shows that failure to grant tariff preferences would significantly jeopardise exports from Western Sahara, especially those of fishery and agricultural products. It is assessed that by stimulating investment, the granting of tariff preferences should also have a positive impact on the development of Western Sahara's economy.

                     (10)

                     Having regard to the considerations on consent in the ruling of the Court of Justice, the Commission, in liaison with the European External Action Service, has taken all reasonable and feasible steps in the current context to adequately involve the people concerned in order to ascertain their consent to the agreement. Wide-ranging consultations were conducted and the majority of the social, economic and political stakeholders who participated in the consultations stated that they were in favour of extending the tariff preferences in the Association Agreement to Western Sahara. Those who rejected the idea felt essentially that such an Agreement should affirm Morocco's position on Western Sahara. However, the text of the Agreement does not imply that it recognises Morocco's sovereignty over Western Sahara. The Union will also continue to step up its efforts in support of the process, initiated and pursued through the United Nations, working towards a peaceful resolution of the dispute.

                     (11)

                     In accordance with Council Decision (EU) 2018/1893 (4), the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (the ‘Agreement’), was signed on 25 October 2018 subject to its conclusion at a later date.

                     (12)

                     The Agreement helps achieve the aims pursued by the Union under Article 21 of the Treaty on European Union.

                     (13)

                     The Agreement should be approved,

               HAS ADOPTED THIS DECISION:

            Article 1
            Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (the ‘Agreement’), is hereby approved on behalf of the Union.
            The text of the Agreement is attached to this Decision.

            Article 2
            The President of the Council shall designate the person empowered to proceed, on behalf of the Union, to the notification provided for in the Agreement (5).

            Article 3
            This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

            Done at Brussels, 28 January 2019.

                  For the Council

                  The President

               P. DAEA

            (1)  Consent of 16 January 2019 (not yet published in the Official Journal).

            (2)  OJ L 70, 18.3.2000, p. 2.

            (3)  Judgment of the Court of Justice of 21 December 2016, Council of the European Union v Polisario Front, C-104/16 P, ECLI:EU:C:2016:973.

            (4)  Council Decision (EU) 2018/1893 of 16 July 2018 relating to the signature, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (OJ L 310, 6.12.2018, p. 1).

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


title: Council Decision (EU) 2019/222 of 20 December 2018 on the position to be taken, on behalf of the European Union, within the Joint Committee established by the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority (PA) of the West Bank and the Gaza Strip, of the other part, concerning the extension of the EU-PA Action Plan

text:
                  7.2.2019

                  EN

                  Official Journal of the European Union

                  L 35/32

         COUNCIL DECISION (EU) 2019/222
         of 20 December 2018
         on the position to be taken, on behalf of the European Union, within the Joint Committee established by the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority (PA) of the West Bank and the Gaza Strip, of the other part, concerning the extension of the EU-PA Action Plan
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 217 in conjuction with Article 218(9) thereof,
         Having regard to the proposal from the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     The Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part (1) (the ‘Interim Association Agreement’), was signed on 24 February 1997 and entered into force on 1 July 1997.

                     (2)

                     The Parties agree that the current Action Plan for the EU and the Palestinan Authority (EU-PA Action Plan) continues to reflect the privileged EU-PA partnership and to support the implementation of the Interim Association Agreement.

                     (3)

                     Pursuant to Article 63 of the Interim Association Agreement, the Joint Committee may take decisions and make appropriate recommendations.

                     (4)

                     The Joint Committee is to adopt the recommendation on the extension by three years of the EU-PA Action Plan by written procedure.

                     (5)

                     It is appropriate to establish the position to be taken on the Union's behalf within the Joint Committee as the recommendation will have legal effects.

                     (6)

                     The extension of the EU-PA Action Plan for three years will give the Parties a full opportunity to take forward their cooperation for the coming years, including through the possible negotiation of partnership priorities,

               HAS ADOPTED THIS DECISION:

            Article 1
            The position to be taken, on behalf of the European Union, within the Joint Committee established by the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, with regard to the extension of the EU-PA Action Plan, shall be based on the draft recommendation of the Joint Committee attached to this Decision.

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

            Done at Brussels, 20 December 2018.

                  For the Council

                  The President

               E. KÖSTINGER

            (1)  OJ L 187, 16.7.1997, p. 3.

            DRAFT
            RECOMMENDATION No …/… OF THE EU-PLO JOINT COMMITTEE
            of …
            approving the extension of the EU-PA Action Plan
            THE EU-PLO JOINT COMMITTEE,
            Having regard to the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part (1),
            Whereas:

                        (1)

                        The Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organisation (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part (the ‘Interim Association Agreement’), was signed on 24 February 1997 and entered into force on 1 July 1997.

                        (2)

                        Pursuant to Article 63 of the Interim Association Agreement, the Joint Committee may take decisions and make appropriate recommendations.

                        (3)

                        Article 10 of the Rules of Procedures of the Joint Committee provides for the possibility of taking decisions by written procedure between sessions if both Parties so agree.

                        (4)

                        The extension of the EU-PA Action Plan for three years will give the Parties the opportunity to take forward their cooperation for the coming years, including through the possible negotiation of partnership priorities,

                  HAS ADOPTED THE FOLLOWING RECOMMENDATION:

               Article 1
               The Joint Committee, acting by written procedure, recommends that the EU-PA Action Plan be extended for three years as of the date of the adoption of the extension.

               Article 2
               This Recommendation shall take effect on the date of its adoption.

               Done at …, […].

                     For the EU-PLO Joint Committee

                     The President

               (1)  OJ L 187, 16.7.1997, p. 3.


title: Council Decision (EU) 2019/234 of 5 February 2019 on the position to be taken on behalf of the European Union within the Joint Council established under the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part, as regards the adoption of the rules of procedure of the Joint Council and of the Trade and Development Committee

text:
                  8.2.2019

                  EN

                  Official Journal of the European Union

                  L 37/127

         COUNCIL DECISION (EU) 2019/234
         of 5 February 2019
         on the position to be taken on behalf of the European Union within the Joint Council established under the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part, as regards the adoption of the rules of procedure of the Joint Council and of the Trade and Development Committee
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207, in conjunction with Article 218(9) thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     The Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (1) (‘the Agreement’), was signed by the European Union and its Member States on 10 June 2016. It has been provisionally applied between the Union, of the one part, and Botswana, Lesotho, Namibia, Eswatini and South Africa, of the other part, since 10 October 2016, and between the Union and Mozambique since 4 February 2018.

                     (2)

                     Pursuant to Article 102(1) of the Agreement, the Joint Council is to have the power to take decisions in respect of all matters covered by this Agreement. Pursuant to points (h) and (i) of Article 101(3) of the Agreement, the Joint Council establishes its own rules of procedure and the rules of procedure of the Trade and Development Committee.

                     (3)

                     The Joint Council is to adopt decisions with regard to its rules of procedure and the rules of procedure of the Trade and Development Committee during its first meeting.

                     (4)

                     It is appropriate to establish the position to be taken on the Union's behalf within the Joint Council, as the envisaged Joint Council decision will be binding on the Union.

                     (5)

                     The position of the Union within the Joint Council should therefore be based on the attached draft Decision,

               HAS ADOPTED THIS DECISION:

            Article 1
            The position to be taken on the Union's behalf in the first Joint Council meeting as regards its rules of procedure and the rules of procedure of the Trade and Development Committee shall be based on the draft Decision of the Joint Council attached to this Decision.

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

            Done at Brussels, 5 February 2019.

                  For the Council

                  The President

               G. CIAMBA

            (1)  OJ L 250, 16.9.2016, p. 3.

            DRAFT
            DECISION No 1/2019 OF THE JOINT COUNCIL ESTABLISHED UNDER THE ECONOMIC PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES, OF THE ONE PART, AND THE SADC EPA STATES, OF THE OTHER PART
            of …
            on the adoption of the rules of procedure of the Joint Council and of the Trade and Development Committee
            THE JOINT COUNCIL,
            Having regard to the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (‘the Agreement’), and in particular Articles 100, 101 and 102 thereof,
            HAS ADOPTED THIS DECISION:

               Article 1
               The rules of procedure of the Joint Council are established as set out in Annex I to this Decision.

               Article 2
               The rules of procedure of the Trade and Development Committee are established as set out in Annex II to this Decision.

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

               Done at …,

                     For the Joint Council

                     Minister for Trade of

                     EU representative

            ANNEX I
            RULES OF PROCEDURE OF THE JOINT COUNCIL

               CHAPTER I

               ORGANISATION

               Article 1
               Composition and Chair

                  1.   The Joint Council established under Article 100 of the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (‘the Agreement’), shall perform its duties as provided for in Articles 100 and 101 of the Agreement.

                  2.   Reference to ‘the Parties’ in these rules of procedure shall be made in accordance with the definition provided for in Article 104 of the Agreement, namely the SADC EPA States and the EU Party (meaning the European Union or its Member States or the European Union and its Member States, having regard to their respective areas of competence).

                  3.   In accordance with Article 101(1) of the Agreement, the Joint Council shall be composed, on the one hand, of the relevant members of the Council of the European Union and relevant members of the European Commission or their representatives, and, on the other hand, of the relevant Ministers of the SADC EPA States or their representatives.

                  4.   The Joint Council meetings shall be chaired, at ministerial level, alternately for periods of 12 months by representatives of the EU Party, having regard to the respective areas of competence of the Union and its Member States, and by a representative of the SADC EPA States. The first Joint Council meeting shall be co-chaired by the Parties.

                  5.   The mandate referred to in paragraph 4 that corresponds to the first period shall begin on the day following the first Joint Council meeting and end on 31 December of the same year. The chairmanship of that first period shall be held by [a representative of the SADC EPA States] [by the EU Party].

               Article 2
               Meetings

                  1.   In accordance with Article 102(4) of the Agreement, the Joint Council shall meet at regular intervals, not exceeding a period of two years, and extraordinarily whenever circumstances so require, if the Parties so agree.

                  2.   The Joint Council meetings shall be held alternately in Brussels or in the territory of one of the SADC EPA States, unless the Parties agree otherwise.

                  3.   Unless the Parties agree otherwise, the Joint Council meetings shall be convened by the Party holding the chair, after consulting the other Party.

                  4.   The Parties may agree to hold the meetings of the Joint Council via electronic means.

               Article 3
               Observers
               The Joint Council may decide to invite observers to attend its meetings on an ad hoc basis and determine which agenda items will be open to those observers.

               Article 4
               Secretariat

                  1.   The General Secretariat of the Council of the European Union and the European Commission on the one hand, and the SADC EPA Unit within the SADC Secretariat on the other hand, shall act alternately for periods of 12 months as the Secretariat of the Joint Council (‘the Secretariat’). Those periods shall coincide with the chairmanship arrangements established under Article 1(4) and (5).

                  2.   On the part of the EU Party, provisional agendas and draft minutes shall be drawn up by the European Commission and all official documents intended for, or emanating from, the Joint Council shall be circulated by the General Secretariat of the Council of the European Union.

               CHAPTER II

               FUNCTIONING

               Article 5
               Documents
               Where the deliberations of the Joint Council are based on written supporting documents, such documents shall be numbered and circulated by the Secretariat as documents of the Joint Council.

               Article 6
               Notification and agenda for the meetings

                  1.   The Secretariat shall notify the Parties of the convening of a Joint Council meeting and request inputs for the agenda no later than 30 days before the meeting. In case of an urgent matter or unforeseen circumstances to be considered, the meeting may be convened at short notice.

                  2.   A provisional agenda shall be drawn up by the Secretariat for each meeting. It shall be forwarded by the Secretariat to the Chair and to the members of the Joint Council no later than 14 days before the meeting.

                  3.   The provisional agenda shall include items in respect of which the Secretariat has received a request for inclusion by a Party.

                  4.   The agenda shall be adopted by the Joint Council at the beginning of each meeting. Items other than those on the provisional agenda may be placed on the agenda if the Parties so agree.

                  5.   The Chairperson of the Joint Council may, upon agreement by all Parties, invite experts to attend its meetings in order to provide information on specific subjects.

               Article 7
               Minutes

                  1.   Draft minutes of each meeting shall be drawn up by the Secretariat within 21 days following the meeting, unless otherwise decided by mutual consent of the Parties.

                  2.   The minutes shall, as a rule, indicate in respect of each item on the agenda:

                              (a)

                              the documents submitted to the Joint Council;

                              (b)

                              any statement which a member of the Joint Council requested to be entered in the minutes; and

                              (c)

                              issues agreed upon by the Parties, such as decisions adopted, recommendations made and operational conclusions adopted.

                  3.   The draft minutes of each meeting shall be approved in writing by both Parties within 42 days following the meeting, unless otherwise agreed by the Parties. Once approved, two copies of the minutes shall be signed by the Secretary and each of the Parties shall receive an original copy of these authentic documents.

               Article 8
               Decisions and recommendations

                  1.   In accordance with Article 102 of the Agreement, the Joint Council shall adopt decisions or recommendations by consensus in the cases provided for in the Agreement.

                  2.   Where the Joint Council is empowered under the Agreement to adopt decisions or recommendations, such acts shall be entitled ‘Decision’ or ‘Recommendation’ respectively in the minutes. The Secretariat shall give any adopted decision or recommendation a serial number, the date of adoption and a description of its subject-matter. Each decision or recommendation shall provide for the date of its entry into force.

                  3.   In the event that an SADC EPA State is unable to attend a Joint Council meeting, the decisions or recommendations agreed to during that meeting shall be communicated to that member by the Secretariat. The SADC EPA State concerned shall provide a written response within 10 calendar days from dispatch of the decisions or recommendations, indicating those decisions or recommendations it disagrees with, including the reasons thereof. In the absence of that written response within the given deadline, the decisions or recommendations shall be deemed adopted. In the event that the SADC EPA State that did not attend the meeting disagrees with one or several decisions or recommendations, the procedure provided for in paragraph 4 shall apply.

                  4.   In the period between meetings, the Joint Council may adopt decisions or recommendations by written procedure or by electronic means if both Parties so agree. A written procedure shall consist of an exchange of notes between representatives of the Parties.

                  5.   Decisions and recommendations adopted by the Joint Council shall be authenticated by two original copies signed by a representative of the European Commission on behalf of the EU Party and by a representative of the SADC EPA States.

               Article 9
               Public Access

                  1.   The Joint Council meetings shall not be public, unless otherwise decided by the Parties.

                  2.   The Parties may decide to publish the decisions and recommendations of the Joint Council.

               Article 10
               Working languages
               Unless otherwise decided by the Parties, all the correspondence and communication between the Parties relating to the work of the Joint Council, as well as the deliberations during the Joint Council meetings, shall be carried out in English or Portuguese.

               CHAPTER III

               FINAL PROVISIONS

               Article 11
               Expenses

                  1.   Each Party shall meet any expenses it incurs as a result of participating in the Joint Council meetings, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.

                  2.   Expenses in connection with the organisation of a meeting, the provision of interpretation services and the reproduction of documents shall be borne by the Party hosting the meeting.

               Article 12
               Trade and Development Committee
               In accordance with Article 103(5) of the Agreement, the Trade and Development Committee shall report and be responsible to the Joint Council.

               Article 13
               Amendment of the rules of procedure
               These rules of procedure may be amended in writing by a decision of the Joint Council adopted in accordance with Article 8.

            ANNEX II
            RULES OF PROCEDURE OF THE TRADE AND DEVELOPMENT COMMITTEE

               CHAPTER I

               ORGANISATION

               Article 1
               Composition and Chair

                  1.   The Trade and Development Committee established under Article 103 of the Economic Partnership Agreement between the European Union and its Member States, of the one part, and the SADC EPA States, of the other part (‘the Agreement’), shall perform its duties in accordance with that Article.

                  2.   Reference to ‘the Parties’ in these rules of procedure shall be made in accordance with the definition provided for in Article 104 of the Agreement, namely the SADC EPA States and the EU Party (meaning the European Union or its Member States or the European Union and its Member States, having regard to their respective areas of competence).

                  3.   In accordance with Article 103(1) of the Agreement, the Trade and Development Committee shall be composed of representatives of the Parties, normally at the level of senior officials.

                  4.   The meetings of the Trade and Development Committee shall be chaired alternately by a senior official of the European Commission and by a senior official of the SADC EPA States. The first meeting of the Trade and Development Committee shall be co-chaired by the relevant representatives of the Parties.

                  5.   The mandate referred to paragraph 4 that corresponds to the first period shall begin on the date of the first meeting of the Trade and Development Committee and end on 31 December of the same year.

               Article 2
               Meetings

                  1.   The Trade and Development Committee shall meet at regular intervals, at least once a year, and at the request of either Party. The meetings shall be held alternately in Brussels or in the territory of one of the SADC EPA States, unless the Parties agree otherwise.

                  2.   Unless the Parties agree otherwise, meetings of the Trade and Development Committee shall be convened by the Party holding the chair, after consulting the other Party.

                  3.   The Parties may agree to hold the meetings of the Trade and Development Committee via electronic means.

               Article 3
               Observers
               The Trade and Development Committee may decide to invite observers to attend its meetings on an ad hoc basis and determine which agenda items will be open to those observers.

               Article 4
               Secretariat

                  1.   The Party hosting the meeting of the Trade and Development Committee shall act as the Secretariat of the Trade and Development Committee (‘the Secretariat’).

                  2.   When the meeting takes place via electronic means, the Party holding the chair shall act as the Secretariat.

               CHAPTER II

               FUNCTIONING

               Article 5
               Documents
               Where the deliberations of the Trade and Development Committee are based on written supporting documents, such documents shall be numbered and circulated by the Secretariat as documents of the Trade and Development Committee.

               Article 6
               Notification and agenda for the meetings

                  1.   The Secretariat shall notify the Parties of the convening of a meeting and request inputs for the agenda no later than 30 days before the meeting. In case of an urgent matter or unforeseen circumstances to be considered, the meeting may be convened at short notice.

                  2.   A provisional agenda shall be drawn up by the Secretariat for each meeting. It shall be forwarded by the Secretariat to the Chair and to the members of the Trade and Development Committee no later than 14 days before the meeting.

                  3.   The provisional agenda shall include items in respect of which the Secretariat has received a request for inclusion by a Party.

                  4.   The agenda shall be adopted by the Trade and Development Committee at the beginning of each meeting. Items other than those on the provisional agenda may be placed on the agenda if the Parties so agree.

                  5.   The Chairperson of the Trade and Development Committee may, upon agreement by all Parties, invite experts to attend its meetings in order to provide information on specific subjects.

               Article 7
               Report of meeting
               Unless the Parties agree otherwise, the report of each meeting shall be drawn up by the Secretariat and adopted at the end of each meeting.

               Article 8
               Decisions and recommendations

                  1.   In accordance with Article 103(6) of the Agreement, the Trade and Development Committee shall adopt decisions or recommendations by consensus in the cases provided for in the Agreement or where such power has been delegated to it by the Joint Council.

                  2.   Where the Trade and Development Committee is empowered under the Agreement to adopt decisions or recommendations, or where such power has been delegated to it by the Joint Council, such acts shall be entitled ‘Decision’ or ‘Recommendation’ respectively in the report of the meetings referred to in Article 7. The Secretariat shall give any adopted decision or recommendation a serial number, the date of adoption and a description of its subject-matter. Each decision or recommendation shall provide for the date of its entry into force.

                  3.   In the event that a SADC EPA State is unable to attend a meeting, the decisions or recommendations agreed during that meeting shall be communicated to that member by the Secretariat. The SADC EPA State concerned shall provide a written response within 10 calendar days from dispatch of the decisions or recommendations, indicating those decisions or recommendations it disagrees with, including the reasons thereof. In the absence of that written response within the given deadline, the decisions or recommendations shall be deemed adopted. In the event that the SADC EPA State that did not attend the meeting disagrees with one or several decisions or recommendations, the procedure provided for in paragraph 4 shall apply.

                  4.   In the period between meetings, the Trade and Development Committee may adopt decisions or recommendations by written procedure or by electronic means if both Parties so agree. A written procedure shall consist of an exchange of notes between representatives of the Parties.

                  5.   Decisions and recommendations adopted by the Trade and Development Committee shall be authenticated by two original copies signed by a representative of the EU and by a representative of the SADC EPA States.

               Article 9
               Public Access

                  1.   The meetings of the Trade and Development Committee shall not be public, unless otherwise decided by the Parties.

                  2.   The Parties may decide to publish the decisions and recommendations of the Trade and Development Committee.

               CHAPTER III

               FINAL PROVISIONS

               Article 10
               Expenses

                  1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Trade and Development Committee, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.

                  2.   Expenses in connection with the organisation of a meeting, the provision of interpretation services and the reproduction of documents shall be borne by the Party hosting the meeting.

               Article 11
               Special Committees and other bodies

                  1.   The Special Committee on Customs and Trade Facilitation, established under Article 50 of the Agreement, the agricultural partnership, established under Article 68 of the Agreement, and the Special Committee on geographical indications and trade in wines and spirits, established under Article 13 of Protocol 3 of the Agreement, shall report to the Trade and Development Committee.

                  2.   In accordance with point (f) of Article 50(2) of the Agreement and Article 13(5) of Protocol 3 of the Agreement respectively, the Special Committee on Customs and Trade Facilitation and the Special Committee on geographical indications and trade in wines and spirits shall determine their own rules of procedure.

                  3.   In accordance with Article 68(3) of the Agreement, the operational rules for the agricultural partnership shall be established by common agreement of the Parties acting within the Trade and Development Committee.

                  4.   Pursuant to Article 103(3) of the Agreement, the Trade and Development Committee may establish any special technical groups to deal with specific matters that fall within their competence.

                  5.   The Trade and Development Committee shall establish the rules of procedure of the special technical groups referred to in paragraph 4. The Trade and Development Committee may decide to abolish special technical groups and define or amend their terms of reference.

                  6.   Special technical groups shall report to the Trade and Development Committee after each meeting.

               Article 12
               Amendment of the rules of procedure
               These rules of procedure may be amended in writing by a decision of the Trade and Development Committee adopted in accordance with Article 8.


title: Decision (EU) 2019/277 of the European Parliament and of the Council of 12 December 2018 on the mobilisation of the European Union Solidarity Fund to provide for the payment of advances in the general budget of the Union for 2019

text:
                  22.2.2019

                  EN

                  Official Journal of the European Union

                  L 54/5

         DECISION (EU) 2019/277 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         of 12 December 2018
         on the mobilisation of the European Union Solidarity Fund to provide for the payment of advances in the general budget of the Union for 2019
         THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1), and in particular Article 4a(4) thereof,
         Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 11 thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     The European Union Solidarity Fund (the ‘Fund’) aims to enable the Union to respond in a rapid, efficient and flexible manner to emergency situations in order to to show solidarity with the population of regions struck by natural disasters.

                     (2)

                     The Fund is not to exceed a maximum amount of EUR 500 000 000 (2011 prices) as laid down in Article 10 of Council Regulation (EU, Euratom) No 1311/2013 (3).

                     (3)

                     Article 4a(4) of Regulation (EC) No 2012/2002 provides that, where necessary in order to ensure the timely availability of budgetary resources, the Fund may be mobilised in an amount of up to EUR 50 000 000 for the payment of advances, entering the corresponding appropriations into the general budget of the Union.

                     (4)

                     To ensure the timely availability of sufficient budgetary resources in the general budget of the Union for 2019, the Fund should be mobilised in the amount of EUR 50 000 000 for the payment of advances.

                     (5)

                     In order to minimise the time taken to mobilise the Fund, this Decision should apply from the beginning of the 2019 financial year,

               HAVE ADOPTED THIS DECISION:

            Article 1
            For the general budget of the Union for the financial year 2019, the European Union Solidarity Fund shall be mobilised to provide the amount of EUR 50 000 000 in commitment and payment appropriations for the payment of advances.

            Article 2
            This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
            It shall apply from 1 January 2019.

            Done at Strasbourg, 12 December 2018.

                  For the European Parliament

                  The President

               A. TAJANI

                  For the Council

                  The President

               J. BOGNER-STRAUSS

            (1)  OJ L 311, 14.11.2002, p. 3.

            (2)  OJ C 373, 20.12.2013, p. 1.

            (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).


title: Council Decision (EU) 2019/307 of 18 February 2019 authorising Austria and Romania to accept, in the interest of the European Union, the accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction

text:
                  22.2.2019

                  EN

                  Official Journal of the European Union

                  L 51/13

         COUNCIL DECISION (EU) 2019/307
         of 18 February 2019
         authorising Austria and Romania to accept, in the interest of the European Union, the accession of Honduras to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(3) in conjunction with point (b) of Article 218(6) thereof,
         Having regard to the proposal from the European Commission,
         Having regard to the opinion of the European Parliament (1),
         Whereas:

                     (1)

                     The European Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy.

                     (2)

                     The Council adopted Regulation (EC) No 2201/2003 (2) (‘Brussels IIa Regulation’), which aims to protect children from the harmful effects of wrongful removal or retention and to establish procedures to ensure their prompt return to the state of their habitual residence, as well as to secure the protection of rights of access and rights of custody.

                     (3)

                     The Brussels IIa Regulation complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) which establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims at ensuring the prompt return of wrongfully removed or retained children.

                     (4)

                     All Member States of the Union are party to the 1980 Hague Convention.

                     (5)

                     The Union encourages third states to accede to the 1980 Hague Convention and supports the correct implementation of the 1980 Hague Convention by participating, along with the Member States, inter alia, in the special commissions organised on a regular basis by the Hague Conference on private international law.

                     (6)

                     A common legal framework applicable between Member States of the Union and third states could be the best solution for sensitive cases of international child abduction.

                     (7)

                     The 1980 Hague Convention stipulates that it applies between the acceding state and contracting states that have declared their acceptance of the accession.

                     (8)

                     The 1980 Hague Convention does not allow regional economic integration organisations, such as the Union, to become party to it. Therefore, the Union cannot accede to that Convention, nor can it deposit a declaration of acceptance of an acceding state.

                     (9)

                     Pursuant to Opinion 1/13 of the Court of Justice of the European Union (3), declarations of acceptance under the 1980 Hague Convention fall within the exclusive external competence of the Union.

                     (10)

                     Honduras deposited its instrument of accession to the 1980 Hague Convention on 20 December 1993. The 1980 Hague Convention entered into force for Honduras on 1 March 1994.

                     (11)

                     All Member States concerned, with the exception of Austria, Denmark and Romania, have already accepted the accession of Honduras to the 1980 Hague Convention. Honduras has accepted the accession of Bulgaria, Cyprus, Estonia, Latvia, Lithuania, Malta and Slovenia to the 1980 Hague Convention. An assessment of the situation in Honduras has led to the conclusion that Austria and Romania are in a position to accept, in the interest of the Union, the accession of Honduras under the terms of the 1980 Hague Convention.

                     (12)

                     Austria and Romania should therefore be authorised to deposit their declarations of acceptance of the accession of Honduras to the 1980 Hague Convention in the interest of the Union in accordance with the terms set out in this Decision. The other Member States of the Union which have already accepted the accession of Honduras to the 1980 Hague Convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law.

                     (13)

                     The United Kingdom and Ireland are bound by the Brussels IIa Regulation and are taking part in the adoption and application of this Decision.

                     (14)

                     In accordance with Articles 1 and 2 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 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 1

               1.   Austria and Romania are hereby authorised to accept the accession of Honduras to the 1980 Hague Convention in the interest of the Union.

               2.   Austria and Romania shall, no later than 19 February 2020, deposit a declaration of acceptance of the accession of Honduras to the 1980 Hague Convention in the interest of the Union, to be worded as follows:

                  ‘[Full name of MEMBER STATE] declares that it accepts the accession of Honduras to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in accordance with Council Decision (EU) 2019/307’.

               3.   Austria and Romania shall inform the Council and the Commission of the deposit of their declarations of acceptance of the accession of Honduras to the 1980 Hague Convention and shall communicate the text of those declarations within two months of their deposit to the Commission.

            Article 2
            This Decision shall take effect on the date of its notification.

            Article 3
            This Decision is addressed to Austria and Romania.

            Done at Brussels, 18 February 2019.

                  For the Council

                  The President

               N. BĂDĂLĂU

            (1)  Opinion of 31 January 2019 (not yet published in the Official Journal).

            (2)  Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).

            (3)  ECLI:EU:C:2014:2303.


title: Council Decision (EU) 2019/308 of 18 February 2019 authorising Austria, Luxembourg and Romania to accept, in the interest of the European Union, the accession of Belarus and Uzbekistan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction

text:
                  22.2.2019

                  EN

                  Official Journal of the European Union

                  L 51/15

         COUNCIL DECISION (EU) 2019/308
         of 18 February 2019
         authorising Austria, Luxembourg and Romania to accept, in the interest of the European Union, the accession of Belarus and Uzbekistan to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(3) in conjunction with point (b) of Article 218(6) thereof,
         Having regard to the proposal from the European Commission,
         Having regard to the opinion of the European Parliament (1),
         Whereas:

                     (1)

                     The European Union has set as one of its aims the promotion of the protection of the rights of the child, as stated in Article 3 of the Treaty on European Union. Measures for the protection of children against wrongful removal or retention are an essential part of that policy.

                     (2)

                     The Council adopted Regulation (EC) No 2201/2003 (2) (‘Brussels IIa Regulation’), which aims to protect children from the harmful effects of wrongful removal or retention and to establish procedures to ensure their prompt return to the state of their habitual residence, as well as to secure the protection of rights of access and rights of custody.

                     (3)

                     The Brussels IIa Regulation complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) which establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims at ensuring the prompt return of wrongfully removed or retained children.

                     (4)

                     All Member States of the Union are party to the 1980 Hague Convention.

                     (5)

                     The Union encourages third states to accede to the 1980 Hague Convention and supports the correct implementation of the 1980 Hague Convention by participating, along with the Member States, inter alia, in the special commissions organised on a regular basis by the Hague Conference on private international law.

                     (6)

                     A common legal framework applicable between Member States of the Union and third states could be the best solution for sensitive cases of international child abduction.

                     (7)

                     The 1980 Hague Convention stipulates that it applies between the acceding state and contracting states that have declared their acceptance of the accession.

                     (8)

                     The 1980 Hague Convention does not allow regional economic integration organisations, such as the Union, to become party to it. Therefore, the Union cannot accede to that Convention, nor can it deposit a declaration of acceptance of an acceding state.

                     (9)

                     Pursuant to Opinion 1/13 of the Court of Justice of the European Union (3), declarations of acceptance under the 1980 Hague Convention fall within the exclusive external competence of the Union.

                     (10)

                     Belarus deposited its instrument of accession to the 1980 Hague Convention on 12 January 1998. The 1980 Hague Convention entered into force for Belarus on 1 April 1998.

                     (11)

                     All Member States concerned, with the exception of Austria, Denmark, Luxembourg and Romania, have already accepted the accession of Belarus to the 1980 Hague Convention. Belarus has accepted the accession of Bulgaria, Estonia, Latvia, Lithuania and Malta to the 1980 Hague Convention. An assessment of the situation in Belarus has led to the conclusion that Austria, Luxembourg and Romania are in a position to accept, in the interest of the Union, the accession of Belarus under the terms of the 1980 Hague Convention.

                     (12)

                     Uzbekistan deposited its instrument of accession to the 1980 Hague Convention on 31 May 1999. The 1980 Hague Convention entered into force for Uzbekistan on 1 August 1999.

                     (13)

                     All Member States, with the exception of Austria, Denmark, Luxembourg and Romania, have already accepted the accession of Uzbekistan to the 1980 Hague Convention. Uzbekistan has accepted the accession of Bulgaria, Estonia, Latvia, Lithuania and Malta to the 1980 Hague Convention. An assessment of the situation in Uzbekistan has led to the conclusion that Austria, Luxembourg and Romania are in a position to accept, in the interest of the Union, the accession of Uzbekistan under the terms of the 1980 Hague Convention.

                     (14)

                     Austria, Luxembourg and Romania should therefore be authorised to deposit their declarations of acceptance of the accession of Belarus and Uzbekistan to the 1980 Hague Convention in the interest of the Union in accordance with the terms set out in this Decision. The other Member States of the Union which have already accepted the accession of Belarus and Uzbekistan to the 1980 Hague Convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law.

                     (15)

                     The United Kingdom and Ireland are bound by the Brussels IIa Regulation and are taking part in the adoption and application of this Decision.

                     (16)

                     In accordance with Articles 1 and 2 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 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 1

               1.   Austria, Luxembourg and Romania are hereby authorised to accept the accession of Belarus and Uzbekistan to the 1980 Hague Convention in the interest of the Union.

               2.   Austria, Luxembourg and Romania shall, no later than 19 February 2020, deposit a declaration of acceptance of the accession of Belarus and Uzbekistan to the 1980 Hague Convention in the interest of the Union, to be worded as follows:

                  ‘[Full name of MEMBER STATE] declares that it accepts the accession of Belarus and Uzbekistan to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in accordance with Council Decision (EU) 2019/308’.

               3.   Austria, Luxembourg and Romania shall inform the Council and the Commission of the deposit of their declarations of acceptance of the accession of Belarus and Uzbekistan to the 1980 Hague Convention and shall communicate the text of those declarations within two months of their deposit to the Commission.

            Article 2
            This Decision shall take effect on the date of its notification.

            Article 3
            This Decision is addressed to Austria, Luxembourg and Romania.

            Done at Brussels, 18 February 2019.

                  For the Council

                  The President

               N. BĂDĂLĂU

            (1)  Opinion of 31 January 2019 (not yet published in the Official Journal).

            (2)  Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (OJ L 338, 23.12.2003, p. 1).

            (3)  ECLI:EU:C:2014:2303.