title: Council Decision 2006/865/CFSP of 28 November 2006 implementing Joint Action 2005/824/CFSP on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)

text:
               1.12.2006

               EN

               Official Journal of the European Union

               L 335/46

      COUNCIL DECISION 2006/865/CFSP
   of 28 November 2006
   implementing Joint Action 2005/824/CFSP on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Joint Action 2005/824/CFSP of 24 November 2005 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (1), and in particular, Article 11(2) thereof in conjunction with the second indent of Article 23(2) of the Treaty on European Union,
   Whereas:

               (1)

               On 24 November 2005 the Council adopted Joint Action 2005/824/CFSP establishing that the EUPM is to be continued until 31 December 2007. The financial reference amount for 2007 is to be decided on an annual basis.

               (2)

               The mandate of the EUPM will be implemented in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy as set out in Article 11 of the Treaty,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The financial reference amount intended to cover the expenditure related to the implementation of Joint Action 2005/824/CFSP shall be EUR 12 150 000 for 2007.
   2.   The expenditure financed by the amount referred to in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the European Union, with the exception that any pre-financing shall not remain the property of the Community.
   3.   Expenditure shall be eligible from 21 November 2006.
   Article 2
   This Decision shall take effect on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 28 November 2006.

            For the Council

            The President

         E. HEINÄLUOMA

      (1)  OJ L 307, 25.11.2005, p. 55.


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42003D0694

2003/694/EC: Decision of the Representatives of the Governments of the Member States of 24 September 2003 appointing a member of the Court of First Instance of the European Communities

Official Journal L 254 , 08/10/2003 P. 0014 - 0014

Decision of the Representatives of the Governments of the Member Statesof 24 September 2003appointing a member of the Court of First Instance of the European Communities(2003/694/EC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 224 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140 thereof,Whereas, pursuant to Articles 5 and 7, in conjunction with Article 47, of the Protocol on the Statute of the Court of Justice and following the resignation of Mr Koen LENAERTS, a member of the Court of First Instance should be appointed, for the remainder of his term of office, which runs until 31 August 2004,HAVE DECIDED AS FOLLOWS:Article 1Mr Franklin DEHOUSSE is hereby appointed a member of the Court of First Instance of the European Communities from 7 October 2003 until 31 August 2004.Article 2This Decision is published in the Official Journal of the European Union.Done at Brussels, 24 September 2003.The PresidentU. Vattani


title: 2008/32/EC: Council Decision of 6 December 2007 appointing a Belgian member and a Belgian alternate member of the Committee of the Regions

text:
               11.1.2008

               EN

               Official Journal of the European Union

               L 8/10

      COUNCIL DECISION

   of 6 December 2007
   appointing a Belgian member and a Belgian alternate member of the Committee of the Regions
   (2008/32/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Belgian Government,
   Whereas:

               (1)

               On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               A seat as a member of the Committee of the Regions has fallen vacant following the end of the mandate of Mr LETERME. A seat as an alternate member has fallen vacant, following the appointment of Mr SAUWENS as a member,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which ends on 25 January 2010:

               (a)

               as a member:
               Mr Johan SAUWENS, Member of the Flemish Parliament,
               and

               (b)

               as an alternate member:
               Mr Ludwig CALUWE, Member of the Flemish Parliament.

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

      Done at Brussels, 6 December 2007.

            For the Council

            The President

         A. COSTA

      (1)  OJ L 56, 25.2.2006, p. 75.


Avis juridique important

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31991D0518

91/518/ECSC, EEC, Euratom: Commission Decision of 12 September 1991 adjusting the weightings applicable from 1 February 1991 to the remuneration of officials of the European Communities serving in non-member countries

Official Journal L 282 , 10/10/1991 P. 0030 - 0031

COMMISSION DECISION  of 12 September 1991  adjusting the weightings applicable from 1 February 1991 to the remuneration of officials of the European Communities serving in non-member countries  (91/518/ECSC, EEC, Euratom)THE COMMISSION  OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,  Having regard to the Staff Regulations of the Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (Euratom, ECSC, EEC) No 3736/90 (2), and in particular the second paragraph of  Article 13 of Annex X thereto,  Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (ECSC, EEC, Euratom) No 2330/91 (3) laid down the weightings to be applied from 1 January 1991 to the remuneration of officials serving in  non-member countries payable in the currency of their country of employment;  Whereas some of these weightings should be adjusted with effect from 1 February 1991 given that the statistics available to the Commission show that in certain non-member countries the variation in the cost of living measured on the basis of the  weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down,  DECIDES:  Sole Article  With effect from 1 February 1991 the weightings applicable to the remuneration of officials serving in non-member countries payable in the currency of their country of employment are adjusted as shown in the Annex.  The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect. Done at Brussels, 12 September 1991. For  the Commission  António CARDOSO E CUNHA  Member of the Commission   (1) OJ No L 56, 4. 3. 1968, p. 1. (2) OJ No L 360, 22. 12. 1990, p. 1. (3) OJ No L 214, 2. 8. 1991, p. 3.    ANNEX       Country of employment  Weightings applicable with effect from 1 February 1991     Argentina  122,9800000  Brazil  31,5300000  Dominican Republic  34,8500000  Haiti  80,6200000  Peru  159,1000000  Poland  16,1600000  Sierra Leone  61,1700000   Somalia  9,4900000  Turkey  55,6100000  Uganda  74,8000000  Uruguay  41,2300000  Yugoslavia  79,2300000  Zambia  44,5600000      ANNEX       Country of employment  Weightings applicable with effect from 1 February 1991     Argentina  122,9800000  Brazil  31,5300000  Dominican Republic  34,8500000  Haiti  80,6200000  Peru  159,1000000  Poland  16,1600000  Sierra Leone  61,1700000   Somalia  9,4900000  Turkey  55,6100000  Uganda  74,8000000  Uruguay  41,2300000  Yugoslavia  79,2300000  Zambia  44,5600000


title: 2012/775/: Council Decision of 6 December 2012 on the position to be taken by the European Union within the Cooperation Committee set up by the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, with regard to the adoption of provisions on the coordination of social security systems

text:
               13.12.2012

               EN

               Official Journal of the European Union

               L 340/13

         COUNCIL DECISION
   of 6 December 2012
   on the position to be taken by the European Union within the Cooperation Committee set up by the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, with regard to the adoption of provisions on the coordination of social security systems
   (2012/775/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 22 of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part (1) (the ‘Agreement’), provides that the Cooperation Committee is to adopt provisions to implement the principles on the coordination of social security systems as set out in Article 21 of the Agreement.

               (2)

               In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application.

               (3)

               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.

               (4)

               It is appropriate to establish the position to be taken on the Union’s behalf in the Cooperation Committee, with regard to the adoption of provisions on the coordination of social security systems.

               (5)

               The position of the Union within the Cooperation Committee should therefore be based on the attached draft decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the Cooperation Committee set up by the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part, with regard to the adoption of provisions on the coordination of social security systems, shall be based on the draft decision of the Cooperation Committee attached to this Decision.
   Minor changes to that draft decision may be agreed to by the representatives of the Union in the Cooperation Committee without the need to adopt a further Council decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 6 December 2012.

            For the Council

            The President

         S. CHARALAMBOUS

      (1)  OJ L 84, 28.3.2002, p. 43.

      DRAFT
      DECISION No …/… OF THE EU-SAN MARINO COOPERATION COMMITTEE
      of …
      with regard to the adoption of provisions on the coordination of social security systems
      THE COOPERATION COMMITTEE,
      Having regard to the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part (1), and in particular Article 22 thereof,
      Whereas:

                  (1)

                  Article 21 of the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part (the ‘Agreement’) lays down the principles for the coordination of the social security systems of San Marino and the Member States.

                  (2)

                  Article 22 of the Agreement provides that the Cooperation Committee is to adopt provisions to implement those principles.

                  (3)

                  With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other Contracting Party, where such facts or events are not taken into account under the legislation of the first Contracting Party, other than the right to export certain benefits.

                  (4)

                  In applying this Decision, the right of San Marino workers to family benefits should be subject to the condition that their family members legally reside with them in the Member State where they are employed. Where their family members legally reside in another Member State, Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (2) applies. This Decision should not give any entitlement to family benefits with respect to the family members of a worker who reside in a country other than a Member State, for instance San Marino.

                  (5)

                  Regulation (EU) No 1231/2010 extends the application of the provisions of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) and of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4) to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EU) No 1231/2010 already covers the principle of aggregation of insurance periods acquired by workers of San Marino nationality in the various Member States regarding entitlement to certain benefits, as set out in Article 21(2) of the Agreement.

                  (6)

                  It may be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of San Marino in order to facilitate the application of the coordination rules.

                  (7)

                  In order to ensure the smooth functioning of the coordination of the social security systems of the Member States and of San Marino, it is necessary to provide for specific provisions regarding cooperation between the Member States and San Marino, as well as between the person concerned and the institution of the competent State.

                  (8)

                  Transitional provisions should be adopted in order to protect the persons covered by this Decision and to ensure that they do not lose any rights as a result of its entry into force,

            HAS ADOPTED THIS DECISION:
      PART I

         GENERAL PROVISIONS

      Article 1
      Definitions
      1.   For the purposes of this Decision:

                  (a)

                  ‘Agreement’ means the Agreement on Cooperation and Customs Union between the European Community and its Member States, of the one part, and the Republic of San Marino, of the other part;

                  (b)

                  ‘Regulation’ means Regulation (EC) No 883/2004, as applicable in the Member States of the European Union;

                  (c)

                  ‘implementing Regulation’ means Regulation (EC) No 987/2009;

                  (d)

                  ‘Member State’ means a Member State of the European Union;

                  (e)

                  ‘worker’ means:

                              (i)

                              for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation;

                              (ii)

                              for the purposes of the legislation of San Marino, a person pursuing an activity as an employed person within the meaning of that legislation;

                  (f)

                  ‘member of the family’ means:

                              (i)

                              for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation;

                              (ii)

                              for the purposes of the legislation of San Marino, a member of the family within the meaning of that legislation;

                  (g)

                  ‘legislation’ means:

                              (i)

                              in relation to the Member States, legislation, within the meaning of Article 1(l) of the Regulation, as applicable to the benefits covered by this Decision;

                              (ii)

                              in relation to San Marino, the legislation, as applicable in San Marino, relating to the benefits covered by this Decision;

                  (h)

                  ‘benefits’ means:

                              (i)

                              in relation to the Member States, benefits within the meaning of Article 3 of the Regulation;

                              (ii)

                              in relation to San Marino, the corresponding benefits applying within San Marino;

                  (i)

                  ‘exportable benefits’ means:

                              (i)

                              in relation to the Member States:

                                          —

                                          old-age pensions,

                                          —

                                          survivors’ pensions,

                                          —

                                          pensions in respect of accidents at work and occupational diseases,

                                          —

                                          invalidity pensions relating to accidents at work and occupational diseases,

                                    within the meaning of the Regulation, with the exception of special non-contributory cash benefits as listed in Annex X to the Regulation;

                              (ii)

                              in relation to San Marino, the corresponding benefits as provided for under the legislation of San Marino, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision.

            2.   Other terms used in this Decision shall have the meaning which is assigned to them:

                  (a)

                  in relation to the Member States, in the Regulation and the implementing Regulation;

                  (b)

                  in relation to San Marino, in the relevant legislation as applicable in San Marino.

            Article 2
      Persons covered
      This Decision shall apply to:

                  (a)

                  workers who are nationals of San Marino and who are, or have been, legally employed in the territory of a Member State and who are, or have been, subject to the legislation of one or more Member States, and their survivors;

                  (b)

                  the members of the family of workers referred to in point (a) provided that those family members are, or have been, legally resident with the worker concerned while the worker is employed in a Member State;

                  (c)

                  workers who are nationals of a Member State who are, or have been, legally employed in the territory of San Marino and who are, or have been, subject to the legislation of San Marino, and their survivors; and

                  (d)

                  the members of the family of workers referred to in point (c) provided that those family members are, or have been, legally resident with the worker concerned while the worker is employed in San Marino.

            Article 3
      Equality of Treatment
      1.   Workers who are nationals of San Marino and are legally employed in a Member State and any members of their family legally residing with them shall enjoy, with regard to benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the Member States in which those workers are employed.
      2.   Workers who are nationals of a Member State and are legally employed in San Marino and any members of their family legally residing with them shall enjoy, with regard to benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of San Marino.
      PART II

         RELATIONS BETWEEN THE MEMBER STATES AND SAN MARINO

      Article 4
      Waiving of residence clauses
      1.   Exportable benefits, within the meaning of Article 1(1)(i), to which the persons referred to in Article 2(a) and (c) are entitled, shall not be subject to any reduction, modification, suspension, withdrawal or confiscation on the grounds that the beneficiary resides:

                  (i)

                  for the purpose of benefits under the legislation of a Member State, within the territory of San Marino; or

                  (ii)

                  for the purpose of benefits under the legislation of San Marino, within the territory of a Member State.

            2.   The members of the family of a worker referred to in Article 2(b) shall be entitled to exportable benefits, within the meaning of Article 1(1)(i)(i), in the same way as the family members of a worker who is a national of the Member State concerned when those family members reside within the territory of San Marino.
      3.   The members of the family of a worker referred to in Article 2(d) shall be entitled to exportable benefits, within the meaning of Article 1(1)(i)(ii), in the same way as the family members of a worker who is a national of San Marino when those family members reside within the territory of a Member State.
      PART III

         MISCELLANEOUS PROVISIONS

      Article 5
      Cooperation
      1.   The Member States and San Marino shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.
      2.   For the purposes of this Decision, the authorities and institutions of the Member States and of San Marino shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by those authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of San Marino may agree to certain expenses being reimbursed.
      3.   The authorities and institutions of the Member States and of San Marino may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.
      4.   The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.
      5.   The persons covered by this Decision shall inform the institutions of the competent Member State or of San Marino, where the latter is the competent State, and of the Member State of residence or of San Marino, where the latter is the State of residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.
      6.   Failure to respect the obligation of information set out in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, those measures shall be equivalent to those applicable to similar situations under national law and they shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.
      7.   The Member States and San Marino may provide for national provisions that establish conditions for the verification of entitlement to benefits in order to take into account the fact that the beneficiaries stay or reside outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and shall be in accordance with the principles set out in this Decision. Such provisions shall be notified to the Cooperation Committee.
      Article 6
      Administrative checks and medical examinations
      1.   This Article shall apply to the persons referred to in Article 2, in receipt of exportable benefits, within the meaning of Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.
      2.   Where a recipient or a claimant of benefits, or a member of that person’s family, stays or resides within the territory of a Member State when the debtor institution is located in San Marino, or stays or resides within the territory of San Marino when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of the debtor institution, by the institution of the beneficiary’s place of stay or residence, in accordance with the procedures laid down by the legislation applied by that institution.
      The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.
      The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.
      The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefits stays or resides or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only where he or she is able to make the journey without prejudice to his or her health and where the cost of travel and accommodation is paid for by the debtor institution.
      3.   Where a recipient or a claimant of benefits, or a member of that person’s family, stays or resides in the territory of a Member State when the debtor institution is located in San Marino, or stays or resides in San Marino when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.
      The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.
      The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only where he or she is able to make the journey without prejudice to his or her health and where the cost of travel and accommodation is paid for by the debtor institution.
      4.   One or more Member States and San Marino may agree on other administrative provisions, subject to their informing the Cooperation Committee thereof.
      5.   As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.
      Article 7
      Application of Article 24 of the Agreement
      Article 24 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations laid down in Articles 5 and 6.
      Article 8
      Special provisions for the application of the legislation of San Marino
      The Cooperation Committee may, if necessary, lay down special provisions for the application of the legislation of San Marino in Annex II to this Decision.
      Article 9
      Administrative procedures contained in existing bilateral agreements
      Administrative procedures contained in existing bilateral agreements between a Member State and San Marino may continue to apply provided that those procedures do not adversely affect the rights or obligations of the persons concerned, as set out in this Decision.
      Article 10
      Agreements supplementing the administrative procedures for implementing this Decision
      One or more Member States and San Marino may conclude agreements designed to supplement the administrative procedures for implementing this Decision, especially with regard to preventing and combating fraud and error.
      PART IV

         TRANSITIONAL AND FINAL PROVISIONS

      Article 11
      Transitional provisions
      1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.
      2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.
      3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.
      4.   If a request, as referred to in paragraph 3, is submitted within two years of the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from that date, and the legislation of any Member State or San Marino concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.
      5.   If a request, as referred to in paragraph 3, is submitted after the expiry of the two-year period referred to in paragraph 4, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or of San Marino.
      Article 12
      Annexes to this Decision
      1.   The Annexes to this Decision constitute an integral part thereof.
      2.   At the request of San Marino or of the European Union, the Annexes may be amended by a decision of the Cooperation Committee.
      Article 13
      Entry into force
      This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

         Done at,

               For the Cooperation Committee

               The President

         (1)  OJ L 84, 28.3.2002, p. 43.

         (2)  OJ L 344, 29.12.2010, p. 1.

         (3)  OJ L 166, 30.4.2004, p. 1.

         (4)  OJ L 284, 30.10.2009, p. 1.

         ANNEX I

            LIST OF SAN MARINO SPECIAL NON-CONTRIBUTORY CASH BENEFITS

         ANNEX II

            SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF SAN MARINO


title: 2011/189/EU: Council Decision of 24 June 2010 on the signing, on behalf of the European Union, of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean

text:
               29.3.2011

               EN

               Official Journal of the European Union

               L 81/1

         COUNCIL DECISION
   of 24 June 2010
   on the signing, on behalf of the European Union, of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean
   (2011/189/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Union is competent to adopt measures for the conservation of marine biological resources under the common fisheries policy and to enter into agreements with third countries and international organisations.

               (2)

               Pursuant to Council Decision 98/392/EC (1), the Union is a Contracting Party to the United Nations Convention on the Law of the Sea of 10 December 1982, which requires all members of the international community to cooperate in conserving and managing the biological resources of the sea.

               (3)

               Pursuant to Council Decision 98/414/EC (2), the Union is a Contracting Party to the Agreement on the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982, relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.

               (4)

               On 17 April 2007 the Council authorised the Commission to negotiate, on behalf of the Community, a Convention on a Regional Fisheries Management Organisation (RFMO) in the South Pacific for fishery resources not yet covered by an existing RFMO.

               (5)

               The negotiations were successfully concluded in Auckland, New Zealand, on 14 November 2009 by the adoption of a draft text of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (hereinafter referred to as the ‘Convention’), which, under its Article 36(1), is open for signature for a period of 12 months from 1 February 2010.

               (6)

               The objective of the Convention is to ensure, through its effective implementation, the long-term conservation and sustainable use of the fishery resources in the Convention area.

               (7)

               Since vessels flying the flags of Member States of the Union fish resources in the Convention area, it is in the Union's interest to play an effective role in the implementation of the Convention.

               (8)

               The Convention should be signed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (hereinafter referred to as the ‘Convention’) is hereby approved on behalf of the Union, subject to the conclusion of the said Convention (3).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Convention on behalf of the Union subject to its conclusion.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 24 June 2010.

            For the Council

            The President

         J. BLANCO LÓPEZ

      (1)  OJ L 179, 23.6.1998, p. 1.

      (2)  OJ L 189, 3.7.1998, p. 14.

      (3)  The text of the Convention will be published together with the decision on its conclusion.


Avis juridique important

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31994D0940

94/940/EC: Council Decision of 22 December 1994 providing macrofinancial assistance for Ukraine

Official Journal L 366 , 31/12/1994 P. 0032 - 0033 Finnish special edition: Chapter 11 Volume 37 P. 0282  Swedish special edition: Chapter 11 Volume 37 P. 0282

COUNCIL DECISIONof 22 December 1994providing macrofinancial  assistance for Ukraine(94/940/EC)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 235  thereof, Having regard to the proposal from the Commission, submitted after consulting the Monetary  Committee, Having regard to the opinion of the European Parliament(), Whereas Ukraine is undertaking fundamental political and economic reforms and is making substantial  efforts to implement a market economy model; Whereas Ukraine has agreed with the International Monetary Fund (IMF) on a comprehensive set of  stabilization and policy reform measures to be supported by a purchase under the IMF's 'systemic  transformation facility'; whereas this facility was approved by the IMF Board on 26 October 1994  and whereas further discussions are under way between the Ukrainian authorities and the IMF on a  macroeconomic adjustment and reform programme to be supported by a 'stand-by arrangement'; Whereas the authorities of Ukraine have requested financial assistance from the international  financial institutions, the Community and other bilateral donors; whereas, over and above the  estimated financing which could be provided by the IMF and the World Bank, important residual  financing gaps remain to be covered in the remainder of 1994 and 1995 in order to strengthen  Ukraine's reserve position and support the policy objectives attached to the government's reform  effort; Whereas the Ukrainian authorities are committed to pursue promptly with the implementation of the  action plan for nuclear safety supported by the European Union and the G-7, to reach rapidly an  understanding with the IMF on the 'stand-by arrangement' and fully and timely to service their  external financial obligations towards the Community; Whereas a Community long-term loan to Ukraine is an appropriate measure to help easing the  countries' external financial constraints, supporting the balance of payments and strengthening the  reserve position; Whereas, while supporting the economic reforms of Ukraine, this assistance should in addition have  the effect of facilitating the democratic process in this country; Whereas the Community loan should be managed by the Commission; 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 1. The Community shall make available to Ukraine a long-term loan  facility of a maximum amount of ECU 85 million in principal with a maximum maturity of 10 years,  with a view to ensuring a sustainable balance-of-payments situation and strengthening the country's  reserve position. 2. To this end, the Commission is empowered to borrow, on behalf of the Community, the necessary  resources that will be placed at the disposal of Ukraine in the form of a loan. 3. This loan will be managed by the Commission in close consultation with the Monetary Committee  and in a manner consistent with any agreement reached between the IMF and Ukraine. Article 2 1. The Commission is empowered to negotiate with the Ukrainian authorities, after  consultation with the Monetary Committee, the economic policy conditions attached to the loan.  These conditions shall be consistent with the agreement referred to in Article 1 (3). 2. The Commission shall verify at regular intervals, in collaboration with the Monetary Committee  and in close coordination with the IMF, that the economic policy in Ukraine is in accordance with  the objectives of this loan and that its conditions are being fulfilled. Article 3 1. The loan shall be made available to Ukraine in a single tranche which shall be  released subject to the provisions of Article 2 and to the following two conditions: - an agreement between the Ukrainian authorities and the IMF on a macroeconomic programme to be  supported by a stand-by arrangement, - a rapid implementation of the European Union and G-7 action plan for the closure of Chernobyl. 2. The funds shall be paid to the National Bank of the UkraineArticle 4 1. The borrowing and  lending operations referred to in Article 1 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 Ukraine so wishes, to ensure that an early  repayment clause is included in the loan terms and conditions and that it may be exercised. 3. At the request of Ukraine, 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 maturity 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 Ukraine. 5. The Monetary Committee shall be kept informed of developments in the operations referred to in  paragraphs 2 and 3 at least once a year. Article 5 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 December 1994For the CouncilThe PresidentH.  SEEHOFER() Opinion delivered on 16 December 1994 (not yet published in the  Official Journal).


title: Decision No A3 of 17 December 2009 concerning the aggregation of uninterrupted posting periods completed under the Council Regulation (EEC) No 1408/71 and Regulation (EC) No 883/2004 of the European Parliament and of the Council  Text of relevance to the EEA and to the EC/Switzerland Agreement

text:
               8.6.2010

               EN

               Official Journal of the European Union

               C 149/3

         DECISION No A3
   of 17 December 2009
   concerning the aggregation of uninterrupted posting periods completed under the Council Regulation (EEC) No 1408/71 and Regulation (EC) No 883/2004 of the European Parliament and of the Council
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2010/C 149/04
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council (2),
   Having regard to Article 12 of Regulation (EC) No 883/2004,
   Having regard to Articles 5 and 14 to 21 of Regulation (EC) No 987/2009,
   Whereas:

               (1)

               For the purposes of this Decision ‘posting’ means any period completed by employed or self-employed persons, during which a person pursues his activity in a Member State other than the competent Member State in accordance with the provisions of Article 14(1), 14a(1), 14b(1) or 14b(2) of Council Regulation (EEC) No 1408/71 (3) and Article 12(1) or 12(2) of Regulation (EC) No 883/2004.

               (2)

               The provisions of Article 12 of Regulation (EC) No 883/2004, which provide for an exception to the general rule laid down in Article 11(3)(a) of the said Regulation, aim in particular to facilitate the freedom to provide services for the benefit of employers which post workers to Member States other than that in which they are established, as well as the freedom of workers to move to other Member States. These provisions also aim to overcome the obstacles likely to impede freedom of movement of workers and to encourage economic interpenetration whilst avoiding administrative complications, especially for workers and undertakings.

               (3)

               The decisive conditions for the application of Article 12(1) of the said Regulation are the existence of a direct relationship between the employer and the worker it engages and the existence of ties between the employer and the Member State in which it is established. The decisive condition for the application of Article 12(2) of the said Regulation is the habitual carrying out of a substantial similar activity in the Member State where the person is established.

               (4)

               Under Regulation (EEC) No 1408/71, the anticipated duration of the posting cannot exceed 12 months, with an extension of up to 12 additional months due to unforeseeable circumstances. Under Regulation (EC) No 883/2004, the anticipated duration of the posting cannot exceed 24 months in total.

               (5)

               Any extension of the uninterrupted posting period beyond the maximum duration provided in the Regulations requires an agreement according to Article 17 of Regulation (EEC) No 1408/71 or Article 16 of Regulation (EC) No 883/2004.

               (6)

               Regulation (EC) No 883/2004 does not contain any explicit transitional provision on aggregation of the posting periods completed under Regulations (EEC) No 1408/71 and (EC) No 883/2004. The intention of the legislator was to extend the maximum possible anticipated period of posting from 12 months up to 24 months. The procedures and other conditions for posting did not considerably change.

               (7)

               In the view of the legal continuity between the old and new Regulations and in order to ensure the uniform application of the posting rules during the transitional period between Regulations (EEC) No 1408/71 and (EC) No 883/2004,
               Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,

         HAS DECIDED AS FOLLOWS:

               1.

               All periods of posting completed under Regulation (EEC) No 1408/71 shall be taken into consideration for the calculation of the uninterrupted posting period under the application of Regulation (EC) No 883/2004, so that the total period of the uninterrupted posting completed under the application of both Regulations cannot exceed 24 months.

               2.

               This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of Regulation (EC) No 987/2009.

            The Chair of the Administrative Commission

         Lena MALMBERG

      (1)  OJ L 166, 30.4.2004, p. 1.

      (2)  OJ L 284, 30.10.2009, p. 1.

      (3)  OJ L 149, 5.7.1971, p. 2.


title: 2011/597/EU: Decision of the European Parliament of 10 May 2011 on the closure of the accounts of the Euratom Supply Agency for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/209

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on the closure of the accounts of the Euratom Supply Agency for the financial year 2009
   (2011/597/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2009, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

               —

               having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

               —

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

               —

               having regard to Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (3) and in particular Article 8 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0144/2011),

               1.

               Approves the closure of the accounts of the Euratom Supply Agency for the financial year 2009;

               2.

               Instructs its President to forward this Decision to the Director-General of the Euratom Supply Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 6.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 41, 15.2.2008, p. 15.

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


Avis juridique important

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31995D0565

95/565/EC: Council Decision of 30 November 1995 on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing the fishing possibilities and the financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau for the period 16 June 1995 to 15 June 1997

Official Journal L 322 , 30/12/1995 P. 0001 - 0002

COUNCIL DECISION of 30 November 1995 on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing the fishing possibilities and the financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau for the period 16 June 1995 to 15 June 1997 (95/565/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Agreement between the European Economic Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau, signed in Bissau on 27 February 1980 (1),Having regard to the proposal from the Commission,Whereas the Community and the Republic of Guinea-Bissau have conducted negotiations to determine any amendments and additions to be made to the said Agreement at the end of the period of application of the Protocol annexed thereto;Whereas, as a result of these negotiations, a new Protocol was initialled on 7 June 1995; whereas, under that Protocol, Community fishermen enjoy fishing possibilities in the waters under the sovereignty or jurisdiction of Guinea-Bissau the period 16 June 1995 to 15 June 1997;Whereas, in order to avoid any interruption in the fishing activities of Community vessels, it is essential that the Protocol in question be applied as soon as possible; whereas, for this reason, the two parties have initialled an Agreement in the form of an exchange of letters providing for the provisional application of the initialled Protocol from the day following the date of expiry of the Protocol in force; whereas that Agreement should be approved pending a final decision taken on the basis of Article 43 of the Treaty;Whereas the allocation of fishing possibilities among the Member States should be determined on the basis of the traditional allocation of fishing possibilities 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 establishing the fishing possibilities and the financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau for the period 16 June 1995 to 15 June 1997 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 possibilities provided for in the Protocol shall be allocated among the Member States as follows:>TABLE>However, for the first year for which the Protocol applies, the allocation shall be as follows:>TABLE>If licence applications from these Member States do not exhaust the fishing possibilities provided for in the Protocol, the Commission may entertain licence applications from any other Member State.Article 3The President of the Council is hereby authorized 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, 30 November 1995.For the CouncilThe PresidentM. A. AMADOR MILLÁN(1) OJ No L 226, 29. 8. 1980, p. 33.


Avis juridique important

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41981D0008

81/8/Euratom, ECSC, EEC: Decision of the Representatives of the Governments of the Member States of the European Communities of 20 January 1981 appointing a Member of the Commission of the European Communities

Official Journal L 021 , 24/01/1981 P. 0020 - 0020

****   CONFERENCE OF THE REPRESENTATIVES OF THE   GOVERNMENTS OF THE MEMBER STATES   DECISION   OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER   STATES OF THE EUROPEAN COMMUNITIES   OF 20 JANUARY 1981   APPOINTING A MEMBER OF THE COMMISSION OF THE THE EUROPEAN COMMUNITIES  ( 81/8/EURATOM , ECSC , EEC )   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES , AND IN PARTICULAR ARTICLE 11 AND THE SECOND SUBPARAGRAPH OF ARTICLE 12 THEREOF ,   WHEREAS MR FINN OLAV GUNDELACH WAS APPOINTED MEMBER OF THE COMMISSION BY DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF 1 JANUARY 1981 ; WHEREAS MR FINN OLAV GUNDELACH DIED ON 13 JANUARY 1981 ;   WHEREAS , THEREFORE , A REPLACEMENT MUST BE FOUND FOR THE VACANCY THUS CREATED ,   HAVE DECIDED AS FOLLOWS :   SOLE ARTICLE   MR POUL DALSAGER IS HEREBY APPOINTED MEMBER OF THE COMMISSION OF THE EUROPEAN COMMUNITIES FOR THE PERIOD 21 JANUARY 1981 TO 5 JANUARY 1985 INCLUSIVE .   DONE AT BRUSSELS , 20 JANUARY 1981 .   THE PRESIDENT   CH . A . VAN DER KLAAUW


European Parliament decision on the request for defence of parliamentary immunity and privileges submitted by Martin Schulz (2004/2016(IMM))


title: 2010/222/: Commission Decision of 19 April 2010 on the European Commission becoming a partner in the Global Bioenergy Partnership

text:
               20.4.2010

               EN

               Official Journal of the European Union

               L 98/12

         COMMISSION DECISION
   of 19 April 2010
   on the European Commission becoming a partner in the Global Bioenergy Partnership
   (2010/222/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               The European Union has stated goals in the energy sector of increasing security of supply and reducing greenhouse gas emissions from its energy use by increasing the use of renewable energy. Bioenergy forms an important part of the renewable energy strategy. The Union pursues sustainable production of biomass and has adopted sustainability criteria for biofuels and bioliquids.

               (2)

               In the context of its cooperation with international partners, including developing countries, the Commission is actively engaging in energy dialogues and other forms of cooperation on energy issues. The benefits of bioenergy will only reach their full potential if other countries also pursue bioenergy strategies and implement them in a sustainable manner. The realisation of sustainable energy production can be significantly accelerated by appropriate international frameworks.

               (3)

               In the G8 Gleneagles Plan of Action of 2005 the G8 endorsed the launch of a Global Bioenergy Partnership to support wider, cost-effective, biomass and biofuels deployment, particularly in developing countries. The Global Bioenergy Partnership has initiated task forces on greenhouse gas methodologies and on sustainability with a view to promoting bioenergy in a sustainable manner.

               (4)

               The Chairman of the Global Bioenergy Partnership wrote to President Barroso on 12 April 2007 inviting the Commission to join the Global Bioenergy Partnership and has subsequently repeated this invitation.

               (5)

               The Commission will, through its participation in the Global Bioenergy Partnership, be better able to coordinate its relevant international activities concerning bioenergy and related sustainability issues.

               (6)

               The Global Bioenergy Partnership relies on contributions from members. Such contributions are made on a voluntary basis and the decision to participate does not commit the Commission to financial contributions to common budgets,

         HAS ADOPTED THIS DECISION:
   Article 1
   The European Commission (hereafter referred to as ‘the Commission’) shall participate as a partner in the Global Bioenergy Partnership.
   Article 2
   The Commissioner for Energy, or his designated representative, is authorised to sign the Terms of Reference for the Global Bioenergy Partnership on behalf of the Commission.

      Done at Brussels, 19 April 2010.

            For the Commission

         Günther OETTINGER

            Member of the Commission


Avis juridique important

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32001D0224(02)

Decision of the European Central Bank of 1 December 1998 concerning the performance by the European Central Bank of certain functions relating to medium-term financial assistance for Member States' balances of payments (ECB/1998/NP15)

Official Journal L 055 , 24/02/2001 P. 0076 - 0078

DECISION OF THE EUROPEAN CENTRAL BANKof 1 December 1998concerning the performance by the European Central Bank of certain functions relating to medium-term financial assistance for Member States' balances of payments(ECB/1998/NP15)THE GENERAL COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Treaty establishing the European Community (hereinafter referred to as the "Treaty") and in particular to Article 109 L(2) thereof,Having regard to the Statute of the European Monetary Institute (hereinafter referred to as the "Statute of the EMI") and in particular to the third indent of Article 6.1, thereof,Having regard to the Statute of the Euroepan System of Central Banks and of the European Central Bank (hereinafter referred to as the "Statute") and in particular to the first indent of Article 47.1 thereof,Whereas:(1) Decision No 8/95 of 2 May 1995 of the Council of the European Monetary Institute (Council of the EMI) established that the European Monetary Institute (EMI) should perform the tasks stipulated in Article 11 of Council Regulation (EEC) No 1969/88 of 24 June 1988.(2) Decision ECB/98/NP2 of 23 June 1998 stipulated that Decision No 8/95 shall remain valid and shall continue to apply in its entirety until no later than the day immediately preceding the first day of the third stage.(3) Two medium-term loans to Italy from the European Community under Regulation (EEC) No 1969/88 mature in the year 2000.(4) The European Central Bank (ECB) will have to continue to perform the tasks of the EMI with respect to the administration of the borrowing and lending operations providing medium-term financial assistance for Member States' balances of payments. In order to administrate such medium-term financial assistance, it is necessary for the ECB to continue to apply Decision No 8/95 as of the first day of the third stage,HAS ADOPTED THIS DECISION:Article 11. Subject to paragraph 2 below, Decision No 8/95 which, in accordance with Decision ECB/1998/NP2 remains valid and continues to apply in its entirety until the day immediately preceding the first day of the third stage, shall remain valid and shall continue to apply as of the first day of the third stage.2. In the Articles of Decision No 8/95 referred to in paragraph 2, the term "EMI" shall be read as "ECB".Article 2The executive Board of the ECB shall make all the arrangements necessary to give effect to this Decision.Done at Frankfurt am Main, 1 December 1998.The President of the ECBWillem F. DuisenbergAppendixEUROPEAN MONETARY INSTITUTEDecision NO 8/95concerning the administration of the borrowing and lending operations concluded by the European Community under the medium-term financial assistance mechanismTHE COUNCIL OF THE EUROPEAN MONETARY INSTITUTE (called hereinafter "Council of the EMI"),Having regard to Article 6.1 of the Statute of the EMI,Whereas:(1) Pursuant to the third indent of Article 6.1 of its Statute, the EMI shall perform the functions referred to in Article 11 of Council Regulation (EEC) No 1969/88 of 24 June 1988 establishing a single facility providing medium-term financial assistance for Member States' balances of payments(1).(2) The EMI has established the necessary infrastructure for performing itself these functions,HAS DECIDED UNANIMOUSLY that:Article 1The EMI shall perform the tasks stipulated in Article 11 of Regulation (EEC) No 1969/88, in the manner described in Articles 2 to 8 hereafter.Article 2Payments connected with the European Community's borrowing and lending operations shall be effected through the accounts that the EMI shall open in its name.Article 3Sums received by the EMI for the account of the European Community under borrowing arrangements entered into by the latter shall be transferred on the same value date to the account specified by the central bank of the country receiving the corresponding loan.Sums received by the EMI for the account of the European Community, either in respect of payment of interest or repayment of the principal from the country which has received the loan, or from Member States participating in any refinancing arrangements in respect of the loan, shall be transferred on the same value date to the accounts specified by the creditors under the borrowing arrangements entered into by the European Community.When a Member State, which has been temporarily exempted in whole or in part either in respect of a payment due from it or in respect of participation in refinancing arrangements subsequently makes payment or provides its share to the European Community, the funds in question shall be transferred on the same value date to the accounts specified by the central banks of the Member States which have participated in the refinancing arrangements, in proportion to the amount of their claims on the European Community.Article 4For each borrowing and lending operation the EMI shall open the following accounts in its books:1. A nostro account entitled "Balances in... held with... " corresponding to the funds received for the account of the European Community;2. An account on the liabilities side forming the counterpart of the account referred to under paragraph 1;3. A memorandum account, "Community liabilities in respect of the Community borrowing operation", divided where applicable into sub-accounts corresponding to the individual creditors in respect of the borrowing arrangements;4. Where applicable, a memorandum account, "Community liabilities in respect of the refinancing of the Community borrowing operation", divided into sub-accounts corresponding to the individual creditor member countries;5. A memorandum account, "Community claims in respect of the lending operation".The accounts mentioned under paragraphs 1 and 2 shall be kept in the monetary unit of payment and those under 3 to 5 in the monetary unit of the respective contracts.Article 5The EMI shall book the financial operations described under Article 3 of the present Decision on their value date by debiting or crediting the abovementioned accounts.Article 6The EMI shall keep a check on the due dates laid down in the borrowing and lending contracts for the payment of interest and repayment of the principal.Fifteen working days before each due date the EMI shall give notification thereof to the central bank of the country that is in debt to the European Community.Article 7The EMI shall immediately inform the European Commission of the operations it has carried out for the account of the European Community.It shall address these communications to the General Directorate for Economic and Financial Affairs at the European Commisison.Article 8At the end of each calendar year the EMI shall prepare a report for the information of the European Commission on the financial operations it has carried out during the year in connection with borrowing and lending operations. This report shall be accompanied by a statement of the European Community's claims and liabilities arising out of the borrowing and lending operations.Article 9The present Decision enters into force with effect from 15 May 1995.Done at Frankfurt an Main, 2 May 1995.For the Council of the EMIThe PresidentA. Lamfalussy(1) OJ L 178, 8.7.1988, p. 1.


title: Council Decision (CFSP) 2015/1141 of 13 July 2015 amending Decision 2012/392/CFSP on the European Union CSDP mission in Niger (EUCAP Sahel Niger)

text:
               14.7.2015

               EN

               Official Journal of the European Union

               L 185/18

         COUNCIL DECISION (CFSP) 2015/1141
   of 13 July 2015
   amending Decision 2012/392/CFSP on the European Union CSDP mission in Niger (EUCAP Sahel Niger)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 16 July 2012, the Council adopted Decision 2012/392/CFSP (1).

               (2)

               On 22 July 2014, the Council adopted Decision 2014/482/CFSP (2) which extended the application of Decision 2012/392/CFSP until 15 July 2016 and provided a financial reference amount until 15 July 2015.

               (3)

               On 23 April 2015, the European Council committed to strengthening the Union's presence at sea, to preventing illegal migration flows and to reinforcing internal solidarity and responsibility. It committed to increasing support to Niger, among others, to monitor and control the land borders and routes, building on current CSDP operations in the region. Following the Interim Strategic Review, the Political and Security Committee on 13 May 2015 agreed on a new line of operation combining engagement in Niamey with a permanent presence in Agadez.

               (4)

               Decision 2012/392/CFSP should be amended in order to extend the period covered by the financial reference amount until 15 July 2016. Within three months of the adoption of this Decision, this financial reference amount will be revised following the further operational planning concerning the two-pronged approach combining enhanced engagement in Niamey with a permanent presence in Agadez.

               (5)

               EUCAP Sahel Niger will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty on European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2012/392/CFSP is amended as follows:

               (1)

               in Article 13, paragraph 1 is replaced by the following:
               ‘1.   The financial reference amount intended to cover the expenditure related to EUCAP Sahel Niger for the period from 16 July 2012 to 31 October 2013 shall be EUR 8 700 000.
               The financial reference amount to cover the expenditure related to EUCAP Sahel Niger for the period from 1 November 2013 to 15 July 2014 shall be EUR 6 500 000.
               The financial reference amount to cover the expenditure related to EUCAP Sahel Niger for the period from 16 July 2014 to 15 July 2015 shall be EUR 9 155 000.
               The financial reference amount to cover the expenditure related to EUCAP Sahel Niger for the period from 16 July 2015 to 15 July 2016 shall be EUR 9 800 000.’;

               (2)

               Article 13a is replaced by the following:
               ‘Article 13a
               Project cell
               1.   EUCAP Sahel Niger shall have a Project Cell for identifying and implementing projects which are consistent with the mission's objectives and facilitate the mandate's delivery. EUCAP Sahel Niger shall, as appropriate, facilitate and provide advice on projects, implemented by Member States and third States, under their responsibility in areas related to EUCAP Sahel Niger and in support of its objectives.
               2.   Subject to paragraph 3, EUCAP Sahel Niger shall be authorised to seek recourse to financial contributions from the EU and Member States or third States to implement projects identified as supplementing in a consistent manner EUCAP Sahel Niger's other actions, if the projects are:

                           (a)

                           provided for in the financial statement relating to this Decision; or

                           (b)

                           integrated during the mandate by means of an amendment to the financial statement requested by the Head of Mission.

                     Once the Commission or those States have formally proposed that their financial contribution be managed by EUCAP Sahel Niger, EUCAP Sahel Niger shall conclude an arrangement with the Commission or those States, covering in particular the specific procedures for dealing with any complaint from third parties concerning damage caused as a result of acts or omissions by EUCAP Sahel Niger in the use of the funds provided by those States. Under no circumstances may the contributing Member States hold the Union or the HR liable for acts or omissions by EUCAP Sahel Niger in the use of the funds provided by those States.
               3.   Financial contributions from the EU or third States to the Project Cell shall be subject to acceptance by the PSC.’.

         Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 16 July 2015.

      Done at Brussels, 13 July 2015.

            For the Council

            The President

         F. ETGEN

      (1)  Council Decision 2012/392/CFSP of 16 July 2012 on the European Union CSDP mission in Niger (EUCAP Sahel Niger) (OJ L 187, 17.7.2012, p. 48).

      (2)  Council Decision 2014/482/CFSP of 22 July 2014 amending Decision 2012/392/CFSP on the European Union CSDP mission in Niger (EUCAP Sahel Niger) (OJ L 217, 23.7.2014, p. 31).


C 287 E/158          EN                               Official Journal of the European Union                                         24.11.2006
Wednesday, 18 January 2006
            P6_TA(2006)0011
            Equitable Life Committee of Inquiry
            European Parliament decision on setting up a Committee of Inquiry into the crisis of the Equitable
                                                              Life Assurance Society
            The European Parliament,
            — having regard to Article 193 of the EC Treaty,
            — having regard to Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the
                 Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parlia-
                 ment's right of enquiry (1),
            — having regard to Rule 176 of its Rules of Procedure,
            — having regard to the request presented by 213 Members of the European Parliament,
            — having regard to the decision of the Conference of Presidents of 14 December 2005, agreeing in prin-
                 ciple to establish a Committee of Inquiry into the allegations raised by petitions 0611/2004 by Arthur
                 White (British) and 0029/2005 by Paul Braithwaite (British), on behalf of the Equitable Members'
                 Action Group and by subsequent petitions on the same subject submitted by German and Irish peti-
                 tioners, all of which related to the Equitable Life Assurance Society (Equitable Life),
            1. Decides to set up a Committee of Inquiry to investigate alleged contraventions or maladministration
            in the application of Community law in relation to the crisis of Equitable Life, without prejudice to the
            jurisdiction of national or Community courts;
            2.    Decides that the Committee of Inquiry shall:
            — investigate alleged contraventions or maladministration in the application of Directive 92/96/EEC (2),
                 now codified by Directive 2002/83/EC (3), by the United Kingdom's competent authorities in relation
                 to Equitable Life, notably as regards the regulatory regime and the monitoring of the financial health of
                 insurance undertakings, including their state of solvency, the establishment of adequate technical provi-
                 sions and the covering of those provisions by matching assets;
            — assess, in this respect, whether the Commission has properly fulfilled its duty to monitor the correct
                 and timely transposition of Community law and identify whether systematic weaknesses contributed to
                 the situation that has arisen;
            — assess allegations that the UK regulators consistently failed, over a number of years, and at least since
                 1989, to protect policy holders by exercising rigorous supervision of accounting and provisioning prac-
                 tices and the financial situation of Equitable Life;
            (1) OJ L 113, 19.5.1995, p. 1.
            (2) Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative
                provisions relating to direct life assurance and amending Directives 79/267/EEC and 90/619/EEC (third life assurance
                Directive) (OJ L 360, 9.12.1992, p. 1).
            (3) Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance
                (OJ L 345, 19.12.2002, p 1). Directive as last amended by Directive 2005/68/EC (OJ L 323, 9.12.2005, p. 1).
 ---pagebreak--- 24.11.2006          EN                         Official Journal of the European Union                                    C 287 E/159
                                                                                Wednesday, 18 January 2006
           — assess the status of claims by non-UK European citizens and the adequacy of remedies available under
                UK and/or EU legislation for policy-holders from other Member States;
           — make any proposals that it deems necessary in this matter.
           3. Decides that the Committee of Inquiry shall present an interim report to Parliament within 4 months
           of starting its work, with a view to presenting its final report to Parliament within 12 months of the adop-
           tion of this decision;
           4.    Decides that the Committee of Inquiry will be composed of 22 Members of the European Parliament.
           P6_TA(2006)0012
           Temporary Committee on extraordinary rendition
           European Parliament decision setting up a temporary committee on the alleged use of European
                        countries by the CIA for the transportation and illegal detention of prisoners
           The European Parliament,
           — having regard to the European Union's attachment to the principles of liberty, democracy and respect
                for human rights and fundamental freedoms and of the rule of law as outlined in the preamble to the
                Treaty on European Union and notably in Articles 6 and 7 of that Treaty,
           — bearing in mind that, according to the case-law of the Court of Justice of the European Communities,
                the protection of fundamental rights is also part of the constitutional order of the Community,
           — bearing in mind that protecting human dignity is one of the key objectives of the Charter of Funda-
                mental Rights of the European Union, as proclaimed by the institutions on 7 December 2000, and that
                this fundamental value would be violated were cruel, inhuman or degrading treatment of persons to
                occur, for whatever reason, under the direct or indirect responsibility of EU Member States and institu-
                tions,
           — having regard to its resolution of 15 December 2005 on presumed use of European countries by the
                CIA for the transportation and illegal detention of prisoners (1), which, as regards the inquiry pending
                at the Council of Europe, envisages the need for a temporary committee of the European Parliament to
                be set up to accompany such an enquiry, particularly as Member States are implicated,
           — having regard to Rule 175 of its Rules of Procedure,
           (1) Texts Adopted, P6_TA(2005)0529.


Avis juridique important

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31998D0001

98/1/EC, Euratom: Council Decision of 18 December 1997 on a TACIS Civil Society Development Programme for Belarus for 1997

Official Journal L 001 , 03/01/1998 P. 0006 - 0007

COUNCIL DECISION of 18 December 1997 on a TACIS Civil Society Development Programme for Belarus for 1997 (98/1/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community,Having regard to Council Regulation (Euratom, EC) No 1279/96 of 25 June 1996 concerning the provision of assistance to economic reform and recovery in the new independent States and Mongolia (1), and in particular to Article 3 (11) thereof,Having regard to the proposal from the Commission,Whereas the internal situation of Belarus has deteriorated, in particular since November 1996, leading to a step backwards in the process of democratization and the restriction of basic liberties and violations of human rights;Whereas, for this reason, no TACIS Indicative Programme 1996-1999 nor, consequently, any action programme could be negotiated with Belarusian authorities, although such programmes would normally form the basis of bilateral TACIS cooperation with a partner State, pursuant to Article 5 of Regulation (Euratom, EC) No 1279/96;Whereas the Council has adopted a position towards Belarus which is stated in the Conclusions of 24 February 1997, the Declaration of 29 April 1997 and the Conclusions of 15 September 1997, suspending cooperation with the Belarusian authorities in the absence of convincing efforts to proceed with the necessary democratic reforms, but offering assistance to Belarus in the process of democratization, in particular in two specific areas: human rights protection and freedom of the media;Whereas the Community has provided support for the process of democratization through budget line B7-7010, but that effort should be deepened and complemented by other measures;Whereas Article 3 (11) of Regulation (Euratom, EC) No 1279/96 allows the Council to take appropriate measures concerning assistance to a partner State when an essential element for the continuation of cooperation through assistance is missing, in particular in cases of violation of democratic principles and human rights;Whereas the Commission has proposed to the Council to set up a Civil Society Development Programme for Belarus in the framework of the 1997 TACIS programme as the appropriate measure towards Belarus;Whereas, even in the absence of a TACIS Indicative Programme 1996-1999 and, consequently, of an action programme for Belarus, the programme proposed by the Commission will be implemented in compliance with the appropriate procedures laid down in Regulation (Euratom, EC) No 1279/96, in particular Articles 6 and 8 thereof,HAS DECIDED AS FOLLOWS:Article 1 The TACIS Civil Society Development Programme for Belarus for 1997 is hereby approved for a maximum amount of ECU 5 million.Article 2 The Programme shall be implemented by the Commission, acting in accordance with the appropriate procedures laid down in Regulation (Euratom, EC) No 1279/96, in particular Articles 6 and 8 thereof.Article 3 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 18 December 1997.For the CouncilThe PresidentF. BODEN(1) OJ L 165, 4. 7. 1996, p. 1.


title: 2013/80/EU: Commission Decision of 13 February 2013 terminating the anti-dumping proceeding concerning imports of welded tubes, pipes and hollow profiles of square or rectangular cross-section, of iron other than cast iron or steel other than stainless originating in the former Yugoslav Republic of Macedonia, Turkey and Ukraine

text:
               14.2.2013

               EN

               Official Journal of the European Union

               L 43/36

         COMMISSION DECISION
   of 13 February 2013
   terminating the anti-dumping proceeding concerning imports of welded tubes, pipes and hollow profiles of square or rectangular cross-section, of iron other than cast iron or steel other than stainless originating in the former Yugoslav Republic of Macedonia, Turkey and Ukraine
   (2013/80/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               On 16 February 2012 the European Commission (‘the Commission’) received a complaint concerning the alleged injurious dumping concerning imports of welded tubes, pipes and hollow profiles of square or rectangular cross-section, of iron other than cast iron or steel other than stainless (‘hollow sections’) originating in the former Yugoslav Republic of Macedonia, Turkey and Ukraine (‘the countries concerned’).

               (2)

               The complaint was lodged on behalf of Union producers (‘the complainants’), representing more than 25 % of the total Union production of hollow sections. The complaint contained prima facie evidence of the existence of dumping and of material injury resulting from the dumped imports, which was considered sufficient to justify the initiation of an anti-dumping proceeding.

               (3)

               The Commission, after consultation of the Advisory Committee, in a notice published in the Official Journal of the European Union
                   (2), initiated an anti-dumping proceeding concerning imports of hollow sections originating in the countries concerned.

               (4)

               The Commission sent questionnaires to the Union industry, to the exporting producers in the countries concerned, to the importers and to the authorities of the former Yugoslav Republic of Macedonia, Turkey and Ukraine. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.

               (5)

               All interested parties who so requested and showed that there were particular reasons why they should be heard were granted a hearing.

         B.   WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING

               (6)

               By letter of 23 November 2012 to the Commission, the complainants formally withdrew their complaint.

               (7)

               In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Union interest.

               (8)

               The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any reasons or considerations showing that such termination would not be in the Union interest.

               (9)

               Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such a termination would not be in the Union interest.

               (10)

               The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Union of hollow sections originating in the former Yugoslav Republic of Macedonia, Turkey and Ukraine should be terminated without the imposition of measures,

         HAS ADOPTED THIS DECISION:
   Article 1
   The anti-dumping proceeding concerning imports of welded tubes, pipes and hollow profiles of square or rectangular cross-section, of iron other than cast iron or steel other than stainless currently falling within CN codes 7306 61 92 and 7306 61 99, originating in the former Yugoslav Republic of Macedonia, Turkey and Ukraine, is hereby terminated.
   Article 2
   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, 13 February 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 343, 22.12.2009, p. 51.

      (2)  OJ C 96, 31.3.2012, p. 13.


title: 2014/898/CFSP: Political and Security Committee Decision BiH/22/2014 of 4 December 2014 on the appointment of the EU Force Commander for the European Union military operation in Bosnia and Herzegovina and repealing Decision BiH/19/2012

text:
               13.12.2014

               EN

               Official Journal of the European Union

               L 358/17

         POLITICAL AND SECURITY COMMITTEE DECISION BiH/22/2014
   of 4 December 2014
   on the appointment of the EU Force Commander for the European Union military operation in Bosnia and Herzegovina and repealing Decision BiH/19/2012

      (2014/898/CFSP)

   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Pursuant to Article 6(1) of Joint Action 2004/570/CFSP, the Council authorised the Political and Security Committee (PSC) to take further decisions on the appointment of the EU Force Commander.

               (2)

               On 27 November 2012, the PSC adopted Decision BiH/19/2012 (2) appointing Major General Dieter HEIDECKER as EU Force Commander for the European Union military operation in Bosnia and Herzegovina.

               (3)

               The EU Operation Commander has recommended the appointment of Major General Johann LUIF as the new EU Force Commander for the European Union military operation in Bosnia and Herzegovina to succeed Major General Dieter HEIDECKER.

               (4)

               The EU Military Committee has supported the recommendation.

               (5)

               Decision BiH/19/2012 should therefore be repealed.

               (6)

               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 the implementation of decisions and actions of the Union which have defence implications.

               (7)

               On 12 and 13 December 2002, the Copenhagen European Council adopted a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those Member States of the Union which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

         HAS ADOPTED THIS DECISION:
   Article 1
   Major General Johann LUIF is hereby appointed EU Force Commander for the European Union military operation in Bosnia and Herzegovina as from 15 December 2014.
   Article 2
   Decision BiH/19/2012 is hereby repealed.
   Article 3
   This Decision shall enter into force on 15 December 2014.

      Done at Brussels, 4 December 2014.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 252, 28.7.2004, p. 10.

      (2)  Political and Security Committee Decision BiH/19/2012 of 27 November 2012 on the appointment of an EU Force Commander for the European Union military operation in Bosnia and Herzegovina (OJ L 333, 5.12.2012, p. 45).


title: Council Decision (CFSP) 2015/1780 of 5 October 2015 amending Decision 2012/392/CFSP on the European Union CSDP mission in Niger (EUCAP Sahel Niger)

text:
               6.10.2015

               EN

               Official Journal of the European Union

               L 259/21

         COUNCIL DECISION (CFSP) 2015/1780
   of 5 October 2015
   amending Decision 2012/392/CFSP on the European Union CSDP mission in Niger (EUCAP Sahel Niger)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 16 July 2012, the Council adopted Decision 2012/392/CFSP (1).

               (2)

               On 22 July 2014, the Council adopted Decision 2014/482/CFSP (2) which extended the application of Decision 2012/392/CFSP until 15 July 2016 and provided a financial reference amount until 15 July 2015.

               (3)

               On 13 July 2015, the Council adopted Decision (CFSP) 2015/1141 (3) which provided a financial reference amount until 15 July 2016. The Council underlined in that Decision that the financial reference amount would be revised within 3 months of the adoption of that Decision, taking into account the further operational planning concerning the two-pronged approach combining enhanced engagement in Niamey with a permanent presence in Agadez.

               (4)

               In view of the further operational planning the financial reference amount for the period from 16 July 2015 to 15 July 2016 should be revised.

               (5)

               EUCAP Sahel Niger will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty on European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 13 of Decision 2012/392/CFSP, paragraphs 1 and 2 are replaced by the following:

      ‘1.   The financial reference amount intended to cover the expenditure related to EUCAP Sahel Niger for the period from 16 July 2012 to 31 October 2013 shall be EUR 8 700 000.
      The financial reference amount to cover the expenditure related to EUCAP Sahel Niger for the period from 1 November 2013 to 15 July 2014 shall be EUR 6 500 000.
      The financial reference amount to cover the expenditure related to EUCAP Sahel Niger for the period from 16 July 2014 to 15 July 2015 shall be EUR 9 155 000.
      The financial reference amount to cover the expenditure related to EUCAP Sahel Niger for the period from 16 July 2015 to 15 July 2016 shall be EUR 18 400 000.
      2.   All expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the Union. Participation of natural and legal persons in the award of procurement contracts by EUCAP Sahel Niger shall be open without limitations. Moreover, no rule of origin for the goods purchased by EUCAP Sahel Niger shall apply.’.

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

      Done at Luxembourg, 5 October 2015.

            For the Council

            The President

         N. SCHMIT

      (1)  Council Decision 2012/392/CFSP of 16 July 2012 on the European Union CSDP mission in Niger (EUCAP Sahel Niger) (OJ L 187, 17.7.2012, p. 48).

      (2)  Council Decision 2014/482/CFSP of 22 July 2014 amending Decision 2012/392/CFSP on the European Union CSDP mission in Niger (EUCAP Sahel Niger) (OJ L 217, 23.7.2014, p. 31).

      (3)  Council Decision (CFSP) 2015/1141 of 13 July 2015 amending Decision 2012/392/CFSP on the European Union CSDP mission in Niger (EUCAP Sahel Niger) (OJ L 185, 14.7.2015, p. 18).