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31983D0384

83/384/EEC: Commission Decision of 29 July 1983 on the list of establishments in Australia approved for the purposes of importing fresh meat into the Community

Official Journal L 222 , 13/08/1983 P. 0036 - 0039 Finnish special edition: Chapter 3 Volume 16 P. 0193  Spanish special edition: Chapter 03 Volume 28 P. 0189  Swedish special edition: Chapter 3 Volume 16 P. 0193  Portuguese special edition Chapter 03 Volume 28 P. 0189

*****COMMISSION  DECISION  of 29 July 1983  on the list of establishments in Australia approved for the purposes of importing fresh meat into the Community  (83/384/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine animals, swine and fresh meat from third countries (1), as last amended by Directive 83/91/EEC (2), and in particular Articles 4 (1) and 18 (1) (a) and (b) thereof,  Whereas establishments in third countries cannot be authorized to export fresh meat to the Community unless they satisfy the general and special conditions laid down in Directive 72/462/EEC;  Whereas Australia has forwarded, in accordance with Article 4 (3) of Directive 72/462/EEC, a list of the establishments authorized to export to the Community;  Whereas Community on-the-spot visits have shown that the hygiene standards of many of these establishments are sufficient and they may therefore be entered on a first list, established according to Article 4 (1) of the said Directive, of establishments from which importation of fresh meat may be authorized;  Whereas the case of the other establishments proposed by Australia has to be re-examined on the basis of additional information regarding their hygiene standards and their ability to adapt quickly to the Community legislation;  Whereas, in the meantime and so as to avoid any abrupt interruption of existing trade flows, these establishments may be authorized temporarily to continue their exports of fresh meat to those Member States prepared to accept them;  Whereas it will therefore be necessary to re-examine and, if necessary, amend this Decision in the light of measures taken to this end and improvements made;  Whereas import of fresh meat from establishments appearing on the list annexed to this Decision remains subject to provisions laid down elsewhere and to the general provisions of the Treaty; whereas in particular, import from third countries and re-export to other Member States of certain categories of meat, such as meat weighing less than 3 kilograms, or meat containing residues of certain substances, which are not yet covered by Community rules or by rules which need to be further harmonized, remain subject to the health legislation of the importing Member State, while respecting the general provisions of the Treaty;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,  HAS ADOPTED THIS DECISION:  Article 1  1. The establishments in Australia listed in the Annex are hereby approved for the import of fresh meat into the Community pursuant to the said Annex.  2. Imports from the establishments referred to in paragraph 1 shall remain subject to the Community veterinary provisions laid down elsewhere.  Article 2  1. Member States shall prohibit imports of fresh meat coming from establishments other than those listed in the Annex.  2. However, Member States may continue to authorize until 30 April 1984 imports of fresh meat coming from establishments which are not listed in the Annex but which have been officially approved and proposed by the Australian authorities as of 7 April 1983 pursuant to Article 4 (3) of Directive 72/462/EEC, unless a decision is taken to the contrary, in accordance with Article 4 (1) of the abovementioned Directive, before 1 May 1984.  The Commission shall forward the list of these establishments to the Member States.  Article 3  This Decision shall apply from 1 October 1983.  Article 4  This Decision shall be reviewed and if necessary amended before 1 February 1984.  Article 5  This Decision is addressed to the Member States.  Done at Brussels, 29 July 1983.  For the Commission  Poul DALSAGER  Member of the Commission  (1) OJ No L 302, 31. 12. 1972, p. 28.  (2) OJ No L 59, 5. 3. 1983, p. 34.  ANNEX  LIST OF ESTABLISHMENTS  1.2 //   //   // Establishment No  // Address  //  1,2 //  // I. BOVINE MEAT  // A. Slaughterhouses and cutting premises  //  1.2 //   //   // 7 (1)  // CQME Pty. Ltd, Rockhampton, Queensland  // 135  // Blue Ribbon Export Division, Launceston, Tasmania  // 151  // Richardson's Meat Industries Ltd, Hobart, Tasmania  // 170  // Beef City Pty. Ltd, Purrawunda, Queensland  // 195 (1)  // R. J. Gilbertson Pty. Ltd, Longford, Tasmania  // 239 (1)  // Northern Cooperative Meat Company Ltd, Casino, New South Wales  // 243  // Warwick Bacon Company Ltd, Warwick, Queensland  // 294  // Teys Bros Pty. Ltd, Beenleigh, Queensland  // 525  // Tancred Bros, Beaudesert, Queensland  // 642  // Metro Meat Ltd, Cootamundra, New South Wales  // 751  // Tasmeats Ltd, Camdale, Tasmania  // 1352  // Lockyer Valley Abattoir, Grantham, Queensland  // 1,2 // B. Slaughterhouses  //  1.2 //   //   // 3  // The Metropolitan Public Abattoir, Brisbane, Queensland  // 53 (1)  // Thomas Borthwick and Sons, Melbourne, Victoria  // 54 (1)  // H. W. Greenham and Sons, Pty. Ltd, Newport, Victoria  // 155  // Blaney County Council Abattoir, Blaney, New South Wales  // 218  // Northwest Exports Pty. Ltd, Inverell, New South Wales  // 533 (1)  // Charles David Pty. Ltd, Murray Bridge, South Australia  // 612 (1)  // Associated Meat Processors Pty. Ltd, Wodonga, Victoria  // 648 (1)  // E. G. Green and Sons, Harvey, Western Australia  // 761 (1)  // R. J. Gilbertson Pty. Ltd, Melbourne, Victoria  // 1265 (1)  // G. & K. O'Connor, Export Abattoir, Pty. Ltd, Pakenham, Victoria  // 1471 (1)  // South Australian Meat Corporation, Gepps Cross, South Australia  //  1,2 // C. Cutting premises  // 1.2 //   //   // 1595  // R. J. Gilbertson Pty. Ltd, Melbourne, Victoria  // 1618  // Cisco's Meats Pty. Ltd, Melbourne, Victoria  // 1735  // Western Australian Lamb Marketing Board, Perth, Western Australia  // 1842  // S. G. Allen, Pty, Ltd, Melbourne, Victoria  // 1889  // Webb Meat Exports, Pty. Ltd, Melbourne, Victoria  //  1,2 // II. SHEEPMEAT A. Slaughterhouses and cutting premises  //  1.2 //   //   // 151  // Richardson's Meat Industries Ltd, Hobart, Tasmania  // 1,2 // B. Slaughterhouses  //  1.2 //   //   // 155  // Blayney County Council Abattoir, Blayney, New South Wales  // 199 (1)  // Thomas Borthwick and Sons (Australasia) Ltd, Albany, Western Australia  // 423 (1)  // S.E. Meat (Aust.) Ltd, Naracoorte, South Australia  // 533 (1)  // Charles David Pty. Ltd, Murray Bridge, South Australia  // 612 (1)  // Associated Meat Processors Pty. Ltd, Wodonga, Victoria  // 642  // Metro Meat Ltd, Cootamundra, New South Wales  // 1027 (1)  // Linley Valley Meats Pty. Ltd, Wooroloo, Western Australia  // 1471 (1)  // South Australian Meat Corporation, Gepps Cross, South Australia  //  1,2 // (1) Offal excluded.  // 1.2 //   //   // Establishment No  // Address  //  1,2 //  // C. Cutting premises  //  1.2 //   //   // 1595  // R. J. Gilbertson Pty. Ltd, Melbourne, Victoria  // 1614  // Tatiara Meat Co. Pty. Ltd, Bordertown, South Australia  // 1618  // Cisco's Meats Pty. Ltd, Melbourne, Victoria  // 1735  // Western Australian Lamb Marketing Board, Perth, Western Australia  // 1842  // S. G. Allen Pty. Ltd, Melbourne, Victoria  // 1889  // Webb Meat Exports Pty. Ltd, Melbourne, Victoria  //  1,2 // III. STORES  // (Frozen packaged meat only)  //  1.2 //   //   // 45  // Corio Bay Freezers Pty. Ltd, North Geelong, Victoria  // 47  // Watson and Son Pty. Ltd, Brisbane, Queensland  // 84  // South Australian Meat Corporation, Gepps Cross, South Australia  // 132  // P & O Cold Storage Ltd, Brisbane, Queensland  // 149  // P & O Cold Storage Ltd, Melbourne, Victoria  // 156  // Snowboy Pty. Ltd, Sydney, New South Wales  // 198  // A. B. Oxford Pty. Ltd, Melbourne, Victoria  // 202  // Polar Cold Storage Co., Melbourne, Victoria  // 216  // T. A. Field, Port Alma, Queensland  // 253  // Australian Service Cold Storage Pty. Ltd, Sydney, New South Wales  // 274 C  // Moss Vale Cold Store, Moss Vale, New South Wales  // 292  // Port of Portland Authority, Portland, Victoria  // 492  // W. Woodmason Cold Storage Pty. Ltd, Sydney, New South Wales  // 565  // Port Huon Fruit Juices Pty. Ltd, South Hobart, Tasmania  // 651  // Central Coast Coldstores, West Gosford, New South Wales  // 1013  // P & O Cold Storage Ltd, Perth, Western Australia  // 1025  // Port of Devonport Authority, Devonport, Tasmania  // 1025 A  // S. P. Holman Ltd, Devonport, Tasmania  // 1057  // Marine Board of Burnie, Burnie, Tasmania  // 1060  // Port Adelaide Freezers Pty. Ltd, Port Adelaide, South Australia  // 1168  // Frigmobile, Townsville, Queensland  // 1190  // Rego Cold Storage Pty. Ltd, Scoresby, Victoria  // 1258  // City Centre Cold Store, Sydney, New South Wales  // 1277  // Magdem Enterprises, Hobart, Tasmania  // 1289  // Port of Launceston Authority, Bell Bay, Tasmania  // 1379  // Doboy Cold Stores Pty. Ltd, Brisbane, Queensland  // 1380  // Port of Devonport Authority, Devonport, Tasmania  // 1439  // P & O Australia Ltd (Food City), Brisbane, Queensland  // 1467  // South Australian Cold Stores Ltd, Dry Creek, South Australia  // 1487  // Cold Stores of Australia Pty. Ltd, North Freemantle, Western Australia  // 1617  // Frigmobile, Cairns, Queensland  // 1625  // Schumacher Ice Cold Pty. Ltd, Brisbane, Queensland  // 1662  // A. B. Oxford Cold Storage Co. Pty. Ltd, Melbourne, Victoria  // 1692  // Marine Board of Burnie, Burnie, Tasmania  // 2095  // Frigmobile, Townsville, Queensland  // 2180  // P. Manettas Holdings Pty. Ltd, Sydney, New South Wales  // 2190  // Frigmobile, Pty. Ltd, Sydney, New South Wales  // 2325  // Adelaide Cold Stores Pty. Ltd, Cavan, South Australia  // 2514  // Wedgewood Pastries, Sydney, New South Wales  //   //


title: Council Decision (EU) 2016/2313 of 8 December 2016 authorising certain Member States to accept, in the interest of the European Union, the accession of the Republic of Korea to the 1980 Hague Convention on the Civil Aspects of International Child Abduction

text:
               20.12.2016

               EN

               Official Journal of the European Union

               L 345/59

         COUNCIL DECISION (EU) 2016/2313
   of 8 December 2016
   authorising certain Member States to accept, in the interest of the European Union, the accession of the Republic of Korea to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(3) in conjunction with Article 218 thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

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

               (5)

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

               (6)

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

               (7)

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

               (8)

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

               (9)

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

               (10)

               The Republic of Korea deposited its instrument of accession to the 1980 Hague Convention on 13 December 2012. The 1980 Hague Convention entered into force for the Republic of Korea on 1 March 2013.

               (11)

               Several Member States have already accepted the accession of the Republic of Korea to the 1980 Hague Convention. An assessment of the situation in the Republic of Korea has led to the conclusion that those Member States that have not yet accepted the accession of the Republic of Korea, are in a position to accept, in the interest of the Union, the accession of the Republic of Korea under the terms of the 1980 Hague Convention.

               (12)

               The Member States that have not yet accepted the accession of the Republic of Korea should therefore be authorised to deposit their declarations of acceptance of accession of the Republic of Korea in the interest of the Union in accordance with the terms set out in this Decision. The Czech Republic, Ireland and the Republic of Lithuania which have already accepted the accession of the Republic of Korea to the 1980 Hague Convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law.

               (13)

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

               (14)

               In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The Member States that have not yet done so are hereby authorised to accept the accession of the Republic of Korea to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) in the interest of the Union.
   2.   Member States referred to in paragraph 1 shall, no later than 9 December 2017, deposit a declaration of acceptance of the accession of the Republic of Korea to the 1980 Hague Convention in the interest of the Union worded as follows:

      ‘[Full name of MEMBER STATE] declares that it accepts the accession of the Republic of Korea to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in accordance with Council Decision (EU) 2016/2313’.

   3.   Each Member State shall inform the Council and the Commission of the deposit of its declaration of acceptance of the accession of the Republic of Korea and communicate to the Commission the text of the declaration within two months of its deposit.
   Article 2
   Those Member States which deposited their declarations of acceptance of the accession of the Republic of Korea to the 1980 Hague Convention prior to the date of adoption of this Decision, shall not deposit new declarations.
   Article 3
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Decision is addressed to all Member States with the exception of the Czech Republic, the Kingdom of Denmark, Ireland and the Republic of Lithuania.

      Done at Brussels, 8 December 2016.

            For the Council

            The President

         L. ŽITŇANSKÁ

      (1)  Opinion of the European Parliament of 5 October 2016 (not yet published in the Official Journal).

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


title: Council Decision (EU) 2015/384 of 2 March 2015 on the conclusion, on behalf of the European Union, of a Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Senegal and the Implementation Protocol thereto

text:
               10.3.2015

               EN

               Official Journal of the European Union

               L 65/1

         COUNCIL DECISION (EU) 2015/384
   of 2 March 2015
   on the conclusion, on behalf of the European Union, of a Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Senegal and the Implementation Protocol thereto
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43 in conjunction with Article 218(6), second subparagraph, point (a) and Article 218(7) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Union and the Republic of Senegal negotiated a partnership agreement on sustainable fisheries (‘the Agreement’) for a duration of five years, renewable by tacit agreement, and an Implementation Protocol thereto for a period of five years, granting Union vessels fishing opportunities in the waters over which the Republic of Senegal has sovereignty or jurisdiction in respect of fisheries.

               (2)

               The Agreement and Protocol were signed on 20 November 2014 in accordance with Decision 2014/733/EU (1) and will apply on a provisional basis from the date of their signature.

               (3)

               The Agreement and Protocol should be approved.

               (4)

               The Agreement establishes a Joint Committee responsible for monitoring its implementation. Furthermore, in accordance with the Protocol, the Joint Committee may approve certain amendments to the Protocol. In order to facilitate the approval of such amendments, the Commission should be empowered, subject to specific conditions, to approve them under a simplified procedure,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Sustainable Fisheries Partnership Agreement between the European Union and the Republic of Senegal and the Implementation Protocol thereto are hereby approved on behalf of the Union (2).
   Article 2
   The President of the Council shall, on behalf of the Union, give the notifications provided for in Article 16 of the Agreement and Article 13 of the Protocol.
   Article 3
   Subject to the provisions and conditions set out in the Annex, the Commission shall be empowered to approve, on behalf of the Union, modifications to the Protocol in the Joint Committee.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 2 March 2015.

            For the Council

            The President

         D. REIZNIECE-OZOLA

      (1)  OJ L 304, 23.10.2014, p. 1.

      (2)  The Agreement and the Protocol were published in OJ L 304, 23.10.2014, p. 3 together with the decision on signing.

      ANNEX

         Scope of the empowerment and procedure for the establishment of the Union position in the Joint Committee

                  1.

                  The Commission shall be authorised to negotiate with Republic of Senegal and, where appropriate and, subject to complying with point 3 of this Annex, agree modifications to the Protocol, in respect of the following issues:

                              (a)

                              adjustment of fishing opportunities and setting new fishing opportunities in accordance with Article 7(3)(a) of the Agreement and Articles 6 and 7 of the Protocol;

                              (b)

                              decision on the rules on sectoral support in accordance with Article 7(3)(b) of the Agreement and Article 4 of the Protocol;

                              (c)

                              conditions including technical specifications and procedures on fishing by Union fishing vessels in accordance with Article 7(3)(c) of the Agreement and the Annex to the Protocol.

                  2.

                  In the Joint Committee established under the Agreement, the Union shall:

                              (a)

                              act in accordance with the objectives pursued by the Union within the framework of the Common Fisheries Policy;

                              (b)

                              follow the Council Conclusions of 19 March 2012 on a Communication on the external dimension of the Common Fisheries Policy;

                              (c)

                              promote positions that are consistent with the relevant rules adopted by Regional Fisheries Management Organisations.

                  3.

                  When a decision on amendments to the Protocol referred to in point 1 is expected to be adopted during a Joint Committee meeting, the necessary steps shall be taken so that the position to be expressed on behalf of the Union takes account of the latest statistical, biological and other relevant data transmitted to the Commission.
                  To this effect and based on such data, a document setting out the particulars of the proposed Union position shall be transmitted by the Commission, in sufficient time before the relevant Joint Committee meeting, to the Council or to its preparatory bodies for consideration and approval.
                  In respect of issues referred to in point 1(a), the approval of the envisaged Union position by the Council shall require a qualified majority of votes. In the other cases, the Union position envisaged in the preparatory document shall be deemed to be agreed, unless a number of Member States equivalent to a blocking minority objects during a meeting of the Council's preparatory body or within 20 days from receipt of the preparatory document, whichever occurs earlier. In case of such objection, the matter shall be referred to the Council.
                  If, in the course of further meetings, including on the spot, it is impossible to reach an agreement in order for the Union position to take account of new elements, the matter shall be referred to the Council or its preparatory bodies.

                  4.

                  The Commission shall be invited to take, in good time, any steps necessary as a follow-up to the decision of the Joint Committee, including, where appropriate, publication of the relevant decision in the Official Journal of the European Union and submission of any proposal necessary for the implementation of that decision.


Avis juridique important

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32004D0112

2004/112/EC,Euratom: Council and Commission Decision of 22 December 2003 on the signature on behalf of the European Community and of the European Atomic Energy Community of the Agreement on Scientific and Technological Cooperation between the European Community and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part

Official Journal L 032 , 05/02/2004 P. 0022 - 0022

Council and Commission Decisionof 22 December 2003on the signature on behalf of the European Community and of the European Atomic Energy Community of the Agreement on Scientific and Technological Cooperation between the European Community and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part(2004/112/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 170, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second subparagraph of Article 101 thereof,Having regard to the proposal from the Commission,Whereas:(1) The Commission has negotiated, on behalf of the Communities, an Agreement on Scientific and Technological Cooperation with the Swiss Confederation.(2) This Agreement was initialled by the representatives of the Parties on 5 September 2003.(3) Subject to conclusion at a later date, the Agreement should be signed on behalf of the Communities.(4) Subject to reciprocity, this Agreement should be applied on a provisional basis as from 1 January 2004 pending the completion of the procedures for its conclusion, as provided for by Article 14(2) thereof,HAVE DECIDED AS FOLLOWS:Article 11. Subject to conclusion at a later date, the President of the Council is hereby authorised to designate the person empowered to sign, on behalf of the European Community, the Agreement on Scientific and Technological Cooperation between the European Community and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part.2. Subject to conclusion at a later date, the President of the Commission is hereby authorised to designate the person empowered to sign, on behalf of the European Atomic Energy Community, the Agreement on Scientific and Technological Cooperation between the European Community and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part.Article 2Subject to reciprocity, the Agreement on Scientific and Technological Cooperation between the European Community and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part, shall be applied on a provisional basis as from 1 January 2004 pending the completion of the procedures for its conclusion.The text of the Agreement is annexed to this Decision.Done at Brussels, 22 December 2003.For the CouncilThe PresidentA. MatteoliFor the CommissionThe PresidentR. Prodi


title: 2014/107/EU: Council Decision of 11 February 2014 on the signing, on behalf of the European Union, of the Agreement between the European Union and the Republic of Azerbaijan on the readmission of persons residing without authorisation

text:
               28.2.2014

               EN

               Official Journal of the European Union

               L 59/4

      COUNCIL DECISION

   of 11 February 2014
   on the signing, on behalf of the European Union, of the Agreement between the European Union and the Republic of Azerbaijan on the readmission of persons residing without authorisation
   (2014/107/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(3), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 19 December 2011, the Council authorised the Commission to open negotiations with the Republic of Azerbaijan on an Agreement between the European Union and the Republic of Azerbaijan on the readmission of persons residing without authorisation (‘the Agreement’). The negotiations were successfully concluded and the Agreement was initialled on 29 July 2013.

               (2)

               The Agreement should be signed on behalf of the Union, subject to its conclusion at a later date.

               (3)

               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.

               (4)

               In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement between the European Union and the Republic of Azerbaijan on the readmission of persons residing without authorisation is hereby authorised, subject to the conclusion of the said Agreement (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 11 February 2014.

            For the Council

            The President

         E. VENIZELOS

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


title: Council Decision 2011/71/CFSP of 31 January 2011 amending Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire

text:
               2.2.2011

               EN

               Official Journal of the European Union

               L 28/60

         COUNCIL DECISION 2011/71/CFSP
   of 31 January 2011
   amending Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 29 October 2010, the Council adopted Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire. (1)

               (2)

               In view of the seriousness of the situation in Côte d’Ivoire, other persons and entities should be included in the list set out in Annex II to Council Decision 2010/656/CFSP of persons and entities subject to restrictive measures,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 7(2) of Decision 2010/656/CFSP is hereby replaced by the following:

      ‘2.   Where the Council decides to subject a person or entity to the measures referred to in Articles 4(1)(b) and 5(1)(b), it shall amend Annex II accordingly.’.

   Article 2
   The persons and entities appearing in the Annex to this Decision shall be added to the list set out in Annex II to Decision 2010/656/CFSP.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 31 January 2011.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 285, 30.10.2010, p. 28.

      ANNEX

         PERSONS AND ENTITIES REFERRED TO IN ARTICLE 2

                  Name (and any aliases)

                  Identifying information

                  Grounds for designation

                  1.

                  Mr Philippe Henry Dacoury-Tabley

                  Governor of the BCEAO (Central Bank of West African States): refuses to recognise the authority of the democratically elected President; is helping to fund the illegitimate administration of Mr Laurent Gbagbo

                  2.

                  Mr Denis N'Gbé

                  Born 6 September 1956 in Danane;
                  passport number: PS-AE/094GD07 (expires 26 July 2012)

                  National Director of the BCEAO for Côte d'Ivoire: refuses to recognise the authority of the democratically elected President; is helping to fund the illegitimate administration of Mr Laurent Gbagbo

                  3.

                  Mr Ibrahim Ezzedine

                  Born 5 February 1968 in Bariche (Lebanon);
                  passport number: 08AB14590 (expires 4 October 2014)

                  Entrepreneur: is helping to fund the illegitimate administration of Mr Laurent Gbagbo

                  4.

                  Mr Roland Dagher

                  Born 8 May 1952 in Bamako (Mali);
                  passport numbers: PD-AE/075FN01 (expired 16 January 2011); 08AA15167 (expires 1 December 2013)

                  Entrepreneur, member of the Economic and Social Council: is helping to fund the illegitimate administration of Mr Laurent Gbagbo

                  5.

                  Mr Oussou Kouassi

                  Born 1 January 1956 in Oumé;
                  passport numbers: PD-AE/016EU09 (expired 31 August 2009); 08AA80739 (expires 12 July 2014)

                  Director-General for Economic Affairs: refuses to recognise the authority of the democratically elected President; is helping to fund the illegitimate administration of Mr Laurent Gbagbo

                  6.

                  Mr Ossey Eugène Amonkou

                  Born 13 July 1960 in Akoupé;
                  passport number: 04LE10026 (expires 19 June 2011)

                  Director-General of the National Investment Bank (BNI): refuses to recognise the authority of the democratically elected President; is helping to fund the illegitimate administration of Mr Laurent Gbagbo

      B.   Entities

                  Name (and any aliases)

                  Identifying information

                  Grounds for designation

                  1.

                  Caisse d'Epargne de Côte d’Ivoire (Savings Bank of Côte d'Ivoire)

                  REGISTERED OFFICE

                              Abidjan-Plateau, SMGL Building,

                              11 Avenue Joseph Anoma, 01 BP 6889 Abidjan 01 RCI Tel.: +225 20 25 43 00

                              Fax: +225 20 25 53 11 SWIFT: CNCGCIAB - E-mail: info@caissepargne.ci

                  Is helping to fund the illegitimate administration of Mr Laurent Gbagbo

                  2.

                  Banque de l'Habitat de Côte d'Ivoire (BHCI)
                  (Housing Bank of Côte d'Ivoire)

                              22 Avenue Joseph Anoma - 01

                              BP 2325 Abidjan 01 Côte d'Ivoire

                              Tel.: +225 20 25 39 39 - Fax.: +225 20 22 58 18

                  Is helping to fund the illegitimate administration of Mr Laurent Gbagbo


title: 2010/385/: Council Decision of 24 June 2010 on the conclusion of the Statute of the International Renewable Energy Agency (IRENA) by the European Union

text:
               13.7.2010

               EN

               Official Journal of the European Union

               L 178/17

         COUNCIL DECISION
   of 24 June 2010
   on the conclusion of the Statute of the International Renewable Energy Agency (IRENA) by the European Union
   (2010/385/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194(2) and Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with the Decision of the Council of 19 October 2009, the Statute of the International Renewable Energy Agency (IRENA) (1) (hereinafter referred to as ‘the Statute’) was signed on behalf of the European Community on 23 November 2009.

               (2)

               As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

               (3)

               It is appropriate for the Union to conclude the Statute.

               (4)

               Both the Union and its Member States have competences in the areas covered by the Statute.

               (5)

               Article VI.C of the Statute foresees that regional intergovernmental economic integration organisations that become members of the International Renewable Energy Agency (hereinafter referred to as ‘IRENA’) declare the extent of their competence with respect to the matters governed by the Statute.

               (6)

               The Union should therefore adopt such a declaration of competences.

               (7)

               The Union should pay an annual contribution to IRENA foreseen by the Intelligent Energy-Europe (‘IEE’) Programme,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The Declaration of competences is hereby adopted on behalf of the Union and the text thereof is annexed to this Decision.
   2.   The Statute of the International Renewable Energy Agency (IRENA) (hereinafter referred to as ‘the Statute’), is hereby approved on behalf of the Union and the text thereof is attached to this Decision.
   Article 2
   1.   The President of the Council is hereby authorised to designate the person(s) empowered to deposit the instrument of ratification, on behalf of the Union, with the Government of the Federal Republic of Germany as depositary of the Statute in accordance with Article XIX and Article XX.A of the Statute in order to express the consent of the Union to be bound.
   2.   The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Union, the Declaration of competences contained in the Annex, in accordance with Article VI.C of the Statute.
   Article 3
   The Union shall pay an annual contribution to the International Renewable Energy Agency.
   Article 4
   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)  The Declaration of the Conference regarding authentic versions of the Statute forms an integral part of the Statute.

      ANNEX

         Declaration of competences

                     1.

                     Article VI.C. of the Statute provides that the instrument of ratification of accession of a regional intergovernmental economic integration organisation shall contain a declaration of the extent of its competence with respect to the matters governed by the Statute.

                     2.

                     While recognising the European Union’s status as a member, as a general rule, the Member States of the European Union have competence for agenda items dealing with organisational matters (e.g. legal or budgetary issues) and procedural issues (e.g. election of chairpersons, adoption of the agenda, adoption of reports).

                     3.

                     In accordance with the Treaty on the Functioning of the European Union, the Union and the Member States have competences in the field of renewable energy as follows:

                                 —

                                 the Union has exclusive competence where a provision of the IRENA statute or an act implementing that statute is necessary to enable the Union to exercise its internal competence or in so far as the provisions of a Union act establish common rules that may be affected or altered in scope by provisions of the IRENA Statute or an act adopted in implementation thereof,

                                 —

                                 insofar as common rules exist but are neither affected nor altered in scope, in particular in cases of Union provisions establishing only minimum standards, the Member States have competence, without prejudice to the competence of the Union, to act in this field,

                                 —

                                 Member States remain solely competent for matters under the IRENA statute in respect of which the Union has not adopted common rules.

                           The list of Union acts below illustrates the extent to which the Union has exercised its internal competence in this field in accordance with the Treaty on the Functioning of the European Union. The extent of Union competence ensuing from these acts must be assessed by reference to the precise provisions of each measure, and in particular the extent to which these provisions establish common rules, and, for the purpose of determining the existence of exclusive Union competence, the extent to which these common rules are affected or altered in scope by the provisions of the IRENA statute or an act adopted in implementation thereof.

                                 —

                                 Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market (OJ L 283, 27.10.2001, p. 33),

                                 —

                                 Directive 2003/30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport (OJ L 123, 17.5.2003, p. 42),

                                 —

                                 Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16).

                     4.

                     The exercise of competences which Member States of the European Union have transferred to the Union pursuant to the Treaties is, by its nature, liable to continuous change. The Union therefore reserves the right to adjust this Declaration.

         Statute of the International Renewable Energy Agency
         (IRENA)
         The PARTIES to this Statute,
         DESIRING to promote the widespread and increased adoption and use of renewable energy with a view to sustainable development,
         INSPIRED by their firm belief in the vast opportunities offered by renewable energy for addressing and gradually alleviating problems of energy security and volatile energy prices,
         CONVINCED of the major role that renewable energy can play in reducing greenhouse gas concentrations in the atmosphere, thereby contributing to the stabilisation of the climate system, and allowing for a sustainable, secure and gentle transit to a low carbon economy,
         DESIRING to foster the positive impact that renewable energy technologies can have on stimulating sustainable economic growth and creating employment,
         MOTIVATED by the huge potential of renewable energy in providing decentralised access to energy, particularly in developing countries, and access to energy for isolated and remote regions and islands,
         CONCERNED about the serious negative implications that the use of fossil fuels and the inefficient use of traditional biomass can have on health,
         CONVINCED that renewable energy, combined with enhanced energy efficiency, can increasingly cover the anticipated steep increase in global energy needs in the coming decades,
         AFFIRMING their desire to establish an international organisation for renewable energy, that facilitates the cooperation between its Members, while also establishing a close collaboration with existing organisations that promote the use of renewable energy,
         HAVE AGREED AS FOLLOWS:

            Article I

            Establishment of the Agency

                     A.

                     The Parties to this Statute hereby establish the International Renewable Energy Agency (hereinafter referred to as ‘the Agency’) in accordance with the following terms and conditions.

                     B.

                     The Agency is based on the principle of the equality of all its Members and shall pay due respect to the sovereign rights and competencies of its Members in performing its activities.

            Article II

            Objectives

         The Agency shall promote the widespread and increased adoption and the sustainable use of all forms of renewable energy, taking into account:

                     (a)

                     national and domestic priorities and benefits derived from a combined approach of renewable energy and energy efficiency measures; and

                     (b)

                     the contribution of renewable energy to environmental preservation, through limiting pressure on natural resources and reducing deforestation, particularly tropical deforestation, desertification and biodiversity loss; to climate protection; to economic growth and social cohesion including poverty alleviation and sustainable development; to access to and security of energy supply; to regional development and to inter-generational responsibility.

            Article III

            Definition

         In this Statute the term ‘renewable energy’ means all forms of energy produced from renewable sources in a sustainable manner, which include, inter alia:

                     1.

                     bioenergy;

                     2.

                     geothermal energy;

                     3.

                     hydropower;

                     4.

                     ocean energy, including, inter alia tidal, wave and ocean thermal energy;

                     5.

                     solar energy; and

                     6.

                     wind energy.

            Article IV

            Activities

                     A.

                     As a centre of excellence for renewable energy technology and acting as a facilitator and catalyst, providing experience for practical applications and policies, offering support on all matters relating to renewable energy and helping countries to benefit from the efficient development and transfer of knowledge and technology, the Agency performs the following activities:

                                 1.

                                 In particular for the benefit of its Members the Agency shall:

                                             (a)

                                             analyse, monitor and, without obligations on Members’ policies, systematise current renewable energy practices, including policy instruments, incentives, investment mechanisms, best practices, available technologies, integrated systems and equipment, and success-failure factors;

                                             (b)

                                             initiate discussion and ensure interaction with other governmental and non-governmental organisations and networks in this and other relevant fields;

                                             (c)

                                             provide relevant policy advice and assistance to its Members upon their request, taking into account their respective needs, and stimulate international discussions on renewable energy policy and its framework conditions;

                                             (d)

                                             improve pertinent knowledge and technology transfer and promote the development of local capacity and competence in Member States including necessary interconnections;

                                             (e)

                                             offer capacity building including training and education to its Members;

                                             (f)

                                             provide to its Members upon their request advice on the financing for renewable energy and support the application of related mechanisms;

                                             (g)

                                             stimulate and encourage research, including on socioeconomic issues, and foster research networks, joint research, development and deployment of technologies; and

                                             (h)

                                             provide information about the development and deployment of national and international technical standards in relation to renewable energy, based on a sound understanding through active presence in the relevant fora.

                                 2.

                                 Furthermore, the Agency shall disseminate information and increase public awareness on the benefits and potential offered by renewable energy.

                     B.

                     In the performance of its activities, the Agency shall:

                                 1.

                                 act in accordance with the purposes and principles of the United Nations to promote peace and international cooperation, and in conformity with policies of the United Nations furthering sustainable development;

                                 2.

                                 allocate its resources in such a way as to ensure their efficient utilisation with a view to appropriately address all its objectives and perform its activities for achieving the greatest possible benefit for its Members and in all areas of the world, bearing in mind the special needs of the developing countries, and remote and isolated regions and islands;

                                 3.

                                 cooperate closely and strive for establishing mutually beneficial relationships with existing institutions and organisations in order to avoid unnecessary duplication of work and build upon and make efficient and effective use of resources and on-going activities by governments, other organisations and agencies, which aim to promote renewable energy.

                     C.

                     The Agency shall:

                                 1.

                                 submit an annual report on its activities to its Members;

                                 2.

                                 inform Members about its policy advice after it was given; and

                                 3.

                                 inform Members about consultation and cooperation with and the work of existing international organisations working in this field.

            Article V

            Work programme and projects

                     A.

                     The Agency shall perform its activities on the basis of the annual work programme, prepared by the Secretariat, considered by the Council and adopted by the Assembly.

                     B.

                     The Agency may, in addition to its work programme, after consultation of its Members and, in case of disagreement, after approval by the Assembly, carry out projects initiated and financed by Members subject to the availability of non-financial resources of the Agency.

            Article VI

            Membership

                     A.

                     Membership is open to those States that are members of the United Nations and to regional intergovernmental economic integration organisations willing and able to act in accordance with the objectives and activities laid down in this Statute. To be eligible for membership to the Agency, a regional intergovernmental economic integration organisation must be constituted by sovereign States, at least one of which is a Member of the Agency, and to which its Member States have transferred competence in at least one of the matters within the purview of the Agency.

                     B.

                     Such States and regional intergovernmental economic integration organisations shall become:

                                 1.

                                 original Members of the Agency by having signed this Statute and having deposited an instrument of ratification;

                                 2.

                                 other Members of the Agency by depositing an instrument of accession after their application for membership has been approved. Membership shall be regarded as approved if three months after the application has been sent to Members no disagreement has been expressed. In case of disagreement the application shall be decided on by the Assembly in accordance with Article IX paragraph H number 1.

                     C.

                     In the case of any regional intergovernmental economic integration organisation, the organisation and its Member States shall decide on their respective responsibilities for the performance of their obligations under this Statute. The organisation and its Member States shall not be entitled to exercise rights, including voting rights, under the Statute concurrently. In their instruments of ratification or accession, the organisations referred to above shall declare the extent of their competence with respect to the matters governed by this Statute. These organisations shall also inform the Depositary Government of any relevant modification in the extent of their competence. In the case of voting on matters within their competence, regional intergovernmental economic integration organisations shall vote with the number of votes equal to the total number of votes attributable to their Member States which are also Members of this Agency.

            Article VII

            Observers

                     A.

                     Observer status may be granted by the Assembly to:

                                 1.

                                 intergovernmental and non-governmental organisations active in the field of renewable energy;

                                 2.

                                 Signatories that have not ratified the Statute; and

                                 3.

                                 applicants for membership whose application for membership has been approved in accordance with Article VI paragraph B number 2.

                     B.

                     Observers may participate without the right to vote in the public sessions of the Assembly and its subsidiary organs.

            Article VIII

            Organs

                     A.

                     There are hereby established as the principal organs of the Agency:

                                 1.

                                 the Assembly;

                                 2.

                                 the Council; and

                                 3.

                                 the Secretariat.

                     B.

                     The Assembly and the Council, subject to approval by the Assembly, may establish such subsidiary organs as they find necessary for the exercise of their functions in accordance with this Statute.

            Article IX

            The Assembly

                     A.

                                 1.

                                 The Assembly is the supreme organ of the Agency.

                                 2.

                                 The Assembly may discuss any matter within the scope of this Statute or relating to the powers and functions of any organ provided for in this Statute.

                                 3.

                                 On any such matter the Assembly may:

                                             (a)

                                             take decisions and make recommendations to any such organ; and

                                             (b)

                                             make recommendations to the Members of the Agency, upon their request.

                                 4.

                                 Furthermore, the Assembly shall have the authority to propose matters for consideration by the Council and request from the Council and the Secretariat reports on any matter relating to the functioning of the Agency.

                     B.

                     The Assembly shall be composed of all Members of the Agency. The Assembly shall meet in regular sessions which shall be held annually unless it decides otherwise.

                     C.

                     The Assembly includes one representative of each Member. Representatives may be accompanied by alternates and advisors. The costs of a delegation’s participation shall be borne by the respective Member.

                     D.

                     Sessions of the Assembly shall take place at the seat of the Agency, unless the Assembly decides otherwise.

                     E.

                     At the beginning of each regular session, the Assembly shall elect a President and such other officials as may be required, taking into account equitable geographic representation. They shall hold office until a new President and other officials are elected at the next regular session. The Assembly shall adopt its rules of procedure in conformity with this Statute.

                     F.

                     Subject to Article VI paragraph C, each Member of the Agency shall have one vote in the Assembly. The Assembly shall take decisions on questions of procedure by a simple majority of the Members present and voting. Decisions on matters of substance shall be taken by consensus of the Members present. If no consensus can be reached, consensus shall be considered achieved if no more than 2 Members object, unless the Statute provides otherwise. When the issue arises as to whether the question is one of substance or not, that question shall be treated as a matter of substance unless the Assembly by consensus of the Members present decides otherwise, which, if no consensus can be reached, shall be considered achieved if no more than 2 Members object. A majority of the Members of the Agency shall constitute a quorum for the Assembly.

                     G.

                     The Assembly shall, by consensus of the Members present:

                                 1.

                                 elect the members of the Council;

                                 2.

                                 adopt at its regular sessions the budget and the work programme of the Agency, submitted by the Council, and have the authority to decide on amendments of the budget and the work programme of the Agency;

                                 3.

                                 take decisions relating to the supervision of the financial policies of the Agency, the financial rules and other financial matters and elect the auditor;

                                 4.

                                 approve amendments to this Statute;

                                 5.

                                 decide on the establishment of subsidiary bodies and approve their terms of reference; and

                                 6.

                                 decide on permission to vote in accordance with Article XVII paragraph A.

                     H.

                     The Assembly shall by consensus of the Members present, which if no consensus can be reached shall be considered achieved if no more than 2 Members object:

                                 1.

                                 decide, if necessary, on applications for membership;

                                 2.

                                 approve the rules of procedure of the Assembly and of the Council, which shall be submitted by the latter;

                                 3.

                                 adopt the annual report as well as other reports;

                                 4.

                                 approve the conclusion of agreements on any questions, matters or issues within the scope of this Statute; and

                                 5.

                                 decide in case of disagreement between its Members on additional projects in accordance with Article V paragraph B.

                     I.

                     The Assembly shall designate the seat of the Agency and the Director-General of the Secretariat (hereinafter referred to as ‘Director-General’) by consensus of the Members present, or, if no consensus can be reached, by a majority vote of two thirds of the Members present and voting.

                     J.

                     The Assembly shall consider and approve as appropriate at its first session any decisions, draft agreements, provisions and guidelines developed by the Preparatory Commission in accordance with the voting procedures for the respective issue as outlined in Article IX paragraphs F to I.

            Article X

            The Council

                     A.

                     The Council shall consist of at least 11 but not more than 21 representatives of the Members of the Agency, elected by the Assembly. The concrete number of representatives between 11 and 21 shall correspond to the rounded up equivalent of one third of the Members of the Agency to be calculated on the basis of the number of Members of the Agency at the beginning of the respective election for members of the Council. The members of the Council shall be elected on a rotating basis as laid down in the rules of procedure of the Assembly, with a view to ensuring effective participation of developing and developed countries and achieving fair and equitable geographical distribution and effectiveness of the Council’s work. The members of the Council shall be elected for a term of two years.

                     B.

                     The Council shall convene semi-annually and its meetings shall take place at the seat of the Agency, unless the Council decides otherwise.

                     C.

                     The Council shall, at the beginning of each meeting for the duration until its next meeting, elect a Chairperson and such other officials from among its members as may be required. It shall have the right to elaborate its rules of procedure. Such rules of procedure have to be submitted to the Assembly for approval.

                     D.

                     Each member of the Council shall have one vote. The Council shall take decisions on questions of procedure by a simple majority of its members. Decisions on matters of substance shall be taken by a majority of two thirds of its members. When the issue arises as to whether the question is one of substance or not, that question shall be treated as a matter of substance unless the Council, by a majority of two thirds of its members, decides otherwise.

                     E.

                     The Council shall be responsible and accountable to the Assembly. The Council shall carry out the powers and functions entrusted to it under this Statute, as well as those functions delegated to it by the Assembly. In so doing, it shall act in conformity with the decisions and with due regard to the recommendations of the Assembly and assure their proper and continuous implementation.

                     F.

                     The Council shall:

                                 1.

                                 facilitate consultations and cooperation among Members;

                                 2.

                                 consider and submit to the Assembly the draft work programme and the draft budget of the Agency;

                                 3.

                                 approve arrangements for the sessions of the Assembly including the preparation of the draft agenda;

                                 4.

                                 consider and submit to the Assembly the draft annual report concerning the activities of the Agency and other reports as prepared by the Secretariat according to Article XI paragraph E number 3 of this Statute;

                                 5.

                                 prepare any other reports which the Assembly may request;

                                 6.

                                 conclude agreements or arrangements with States, international organisations and international agencies on behalf of the Agency, subject to prior approval by the Assembly;

                                 7.

                                 substantiate the work programme as adopted by the Assembly with a view to its implementation by the Secretariat and within the limits of the adopted budget;

                                 8.

                                 have the authority to refer to the Assembly matters for its consideration; and

                                 9.

                                 establish subsidiary organs, when necessary, in accordance with Article VIII paragraph B, and decide on their terms of reference and duration.

            Article XI

            The Secretariat

                     A.

                     The Secretariat shall assist the Assembly, the Council, and their subsidiary organs in the performance of their functions. It shall carry out the other functions entrusted to it under this Statute as well as those functions delegated to it by the Assembly or the Council.

                     B.

                     The Secretariat shall comprise a Director-General, who shall be its head and chief administrative officer, and such staff as may be required. The Director-General shall be appointed by the Assembly upon the recommendation of the Council for a term of four years, renewable for one further term, but not thereafter.

                     C.

                     The Director-General shall be responsible to the Assembly and the Council, inter alia for the appointment of the staff as well as the organisation and functioning of the Secretariat. The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence and integrity. Due regard shall be paid to the importance of recruiting the staff primarily from Member States and on as wide a geographical basis as possible, taking particularly into account the adequate representation of developing countries and with emphasis on gender balance.
                     In preparing the budget the proposed recruitment shall be guided by the principle that the staff shall be kept to a minimum necessary for the proper discharge of the responsibilities of the Secretariat.

                     D.

                     The Director-General or a representative designated by him or her shall participate, without the right to vote, in all meetings of the Assembly and of the Council.

                     E.

                     The Secretariat shall:

                                 1.

                                 prepare and submit to the Council the draft work programme and the draft budget of the Agency;

                                 2.

                                 implement the Agency’s work programme and its decisions;

                                 3.

                                 prepare and submit to the Council the draft annual report concerning the activities of the Agency and such other reports as the Assembly or the Council may request;

                                 4.

                                 provide administrative and technical support to the Assembly, the Council and their subsidiary organs;

                                 5.

                                 facilitate communication between the Agency and its Members; and

                                 6.

                                 circulate the policy advice after it was given to the Members of the Agency in accordance with Article IV paragraph C number 2 and prepare and submit to the Assembly and the Council a report on its policy advice for each of their sessions. The report to the Council shall include also the planned policy advice in implementing the annual work programme.

                     F.

                     In the performance of their duties, the Director-General and the other members of the staff shall not seek or receive instructions from any government or from any other source external to the Agency. They shall refrain from any action that might reflect on their positions as international officers responsible only to the Assembly and the Council. Each Member shall respect the exclusively international character of the responsibilities of the Director-General and the other members of the staff and shall not seek to influence them in the discharge of their responsibilities.

            Article XII

            The budget

                     A.

                     The budget of the Agency shall be financed by:

                                 1.

                                 mandatory contributions of its Members, which are based on the scale of assessments of the United Nations, as determined by the Assembly;

                                 2.

                                 voluntary contributions; and

                                 3.

                                 other possible sources

                           in accordance with the financial rules to be adopted by the Assembly by consensus, as laid down in Article IX paragraph G of this Statute. The financial rules and the budget shall secure a solid financial basis of the Agency and shall ensure the effective and efficient implementation of the Agency’s activities, as defined by the work programme. Mandatory contributions will finance core activities and administrative costs.

                     B.

                     The draft budget of the Agency shall be prepared by the Secretariat and submitted to the Council for examination. The Council shall either forward it to the Assembly with a recommendation for approval or return it to the Secretariat for review and re-submission.

                     C.

                     The Assembly shall appoint an external auditor who shall hold office for a period of four years and who shall be eligible for re-election. The first auditor shall hold office for a period of two years. The auditor shall examine the accounts of the Agency and shall make such observations and recommendations as deemed necessary with respect to the efficiency of the management and the internal financial controls.

            Article XIII

            Legal personality, privileges and immunities

                     A.

                     The Agency shall have international legal personality. In the territory of each Member and subject to its national legislation, it shall enjoy such domestic legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.

                     B.

                     Members shall decide upon a separate agreement on privileges and immunities.

            Article XIV

            Relations with other organisations

         Subject to the approval of the Assembly the Council shall be authorised to conclude agreements on behalf of the Agency establishing appropriate relations with the United Nations and any other organisations whose work is related to that of the Agency. The provisions of this Statute shall not affect the rights and obligations of any Member deriving from any existing international treaty.

            Article XV

            Amendments and withdrawal, review

                     A.

                     Amendments to this Statute may be proposed by any Member. Certified copies of the text of any amendment proposed shall be prepared by the Director-General and communicated by him to all Members at least ninety days in advance of its consideration by the Assembly.

                     B.

                     Amendments shall come into force for all Members:

                                 1.

                                 when approved by the Assembly after consideration of observations submitted by the Council on each proposed amendment; and

                                 2.

                                 after all the Members have consented to be bound by the amendment in accordance with their respective constitutional processes. Members shall express their consent to be bound by depositing a corresponding instrument with the Depositary referred to in Article XX paragraph A.

                     C.

                     At any time after five years from the date when this Statute takes effect in accordance with paragraph D of Article XIX, a Member may withdraw from the Agency by notice in writing to that effect given to the Depositary referred to in Article XX paragraph A, which shall promptly inform the Council and all Members.

                     D.

                     Such withdrawal shall take effect at the end of the year in which it is expressed. Withdrawal by a Member from the Agency shall not affect its contractual obligations entered into pursuant to Article V paragraph B or its financial obligations for the year in which it withdraws.

            Article XVI

            Settlement of disputes

                     A.

                     Members shall settle any dispute between them concerning the interpretation or application of this Statute by peaceful means in accordance with Article 2 paragraph 3 of the Charter of the United Nations and, to this end, shall seek a solution by the means indicated in Article 33 paragraph 1 of the Charter of the United Nations.

                     B.

                     The Council may contribute to the settlement of a dispute by whatever means it deems appropriate, including offering its good offices, calling upon the Members to a dispute to start the settlement process of their choice and recommending a time limit for any agreed procedure.

            Article XVII

            Temporary suspension of rights

                     A.

                     Any Member of the Agency which is in arrears with its financial contributions to the Agency shall have no right to vote if its arrears reach or exceed the amount of its contributions for the two preceding years. However, the Assembly may permit this Member to vote if it is convinced that the non-payment is due to circumstances beyond the Member’s control.

                     B.

                     A Member which has persistently violated the provisions of this Statute or of any agreement entered into by it pursuant to this Statute may be suspended from the exercise of the privileges and rights of membership by the Assembly acting by a two-thirds majority of the Members present and voting upon recommendation of the Council.

            Article XVIII

            Seat of the Agency

         The seat of the Agency shall be determined by the Assembly at its first session.

            Article XIX

            Signature, ratification, entry into force and accession

                     A.

                     This Statute shall be open for signature at the Founding Conference by all States that are members of the United Nations and regional intergovernmental economic integration organisations as defined in Article VI paragraph A. It shall remain open for signature until the date this Statute enters into force.

                     B.

                     For States and regional intergovernmental economic integration organisations as defined in Article VI paragraph A having not signed this Statute, this Statute shall be open for accession after their membership has been approved by the Assembly in accordance with Article VI paragraph B number 2.

                     C.

                     Consent to be bound by this Statute shall be expressed by depositing an instrument of ratification or accession with the Depositary. Ratification of or accession to this Statute shall be effected by States in accordance with their respective constitutional processes.

                     D.

                     This Statute shall enter into force on the 30th day after the date of deposit of the twenty-fifth instrument of ratification.

                     E.

                     For States or regional intergovernmental economic integration organisations having deposited an instrument of ratification or accession after the entry into force of the Statute, this Statute shall enter into force on the thirtieth day after the date of deposit of the relevant instrument.

                     F.

                     No reservations may be made to any of the provisions contained in this Statute.

            Article XX

            Depositary, registration, authentic text

                     A.

                     The Government of the Federal Republic of Germany is hereby designated as the Depositary of this Statute and any instrument of ratification or accession.

                     B.

                     This Statute shall be registered by the Depositary Government pursuant to Article 102 of the Charter of the United Nations.

                     C.

                     This Statute, done in English, shall be deposited in the archives of the Depositary Government.

                     D.

                     Duly certified copies of this Statute shall be transmitted by the Depositary Government to the governments of States and to the executive organs of regional intergovernmental economic integration organisations which have signed or have been approved for membership according to Article VI paragraph B number 2.

                     E.

                     The Depositary Government shall promptly inform all Signatories to this Statute of the date of each deposit of any instrument of ratification and the date of entry into force of the Statute.

                     F.

                     The Depositary Government shall promptly inform all Signatories and Members of the dates on which States or regional intergovernmental economic integration organisations subsequently become Members thereto.

                     G.

                     The Depositary Government shall promptly send new applications for membership to all Members of the Agency for consideration in accordance with Article VI paragraph B number 2.

            IN WITNESS WHEREOF the undersigned, being duly authorised, have signed this Statute.
            Done at Bonn, this 26 January 2009, in a single original, in the English language.


title: Decision (EU) 2015/1698 of the European Parliament of 29 April 2015 on the closure of the accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/384

      DECISION (EU) 2015/1698 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on the closure of the accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2013, together with the Joint Undertaking's replies (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the joint undertaking in respect of the implementation of the budget for the financial year 2013 (05306/2015 — C8-0049/2015),

                  —

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

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3),

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 209 thereof,

                  —

                  having regard to Council Regulation (EC) No 521/2008 of 30 May 2008 setting up the Fuel Cells and Hydrogen Joint Undertaking (5),

                  —

                  having regard to Council Regulation (EU) No 559/2014 of 6 May 2014 establishing the Fuel Cells and Hydrogen 2 Joint Undertaking (6), and in particular Article 1(2) and Article 12 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 (7),

                  —

                  having regard to Commission Delegated Regulation (EU) No 110/2014 of 30 September 2013 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (8),

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A8-0112/2015),

         1.

            Approves the closure of the accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2013;

         2.

            Instructs its President to forward this decision to the Executive Director of the Fuel Cells and Hydrogen 2 Joint Undertaking, 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

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 452, 16.12.2014, p. 67.

         (2)  OJ C 452, 16.12.2014, p. 68.

         (3)  OJ L 248, 16.9.2002, p. 1.

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

         (5)  OJ L 153, 12.6.2008, p. 1.

         (6)  OJ L 169, 7.6.2014, p. 108.

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

         (8)  OJ L 38, 7.2.2014, p. 2.


title: Council Decision (CFSP) 2017/350 of 27 February 2017 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus

text:
               28.2.2017

               EN

               Official Journal of the European Union

               L 50/81

         COUNCIL DECISION (CFSP) 2017/350
   of 27 February 2017
   amending Decision 2012/642/CFSP concerning restrictive measures against Belarus
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 15 October 2012, the Council adopted Decision 2012/642/CFSP (1).

               (2)

               On the basis of a review of Decision 2012/642/CFSP, the restrictive measures against Belarus should be extended until 28 February 2018.

               (3)

               Furthermore, the Council agreed that the export of biathlon equipment to Belarus may be authorised by Member States in accordance with the applicable licensing provisions.

               (4)

               Decision 2012/642/CFSP should therefore be amended accordingly.

               (5)

               In order to ensure that the measures provided for in this Decision are effective, this Decision should enter into force immediately,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2012/642/CFSP is amended as follows:

               (1)

               in Article 2, the following paragraph is added:
               ‘3.   Article 1 shall not apply to biathlon equipment that complies with the specifications defined in the event and competition rules of the International Biathlon Union (IBU).’;

               (2)

               Article 8 is replaced by the following:
               ‘Article 8
               1.   This Decision shall apply until 28 February 2018.
               2.   This Decision shall be kept under constant review and shall be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’.

         Article 2
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 27 February 2017.

            For the Council

            The President

         K. MIZZI

      (1)  Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus (OJ L 285, 17.10.2012, p. 1).