Avis juridique important

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31973D0424

73/424/EEC: Commission Decision of 31 October 1973 on the Advisory Committee on Wine

Official Journal L 355 , 24/12/1973 P. 0048 - 0049 Greek special edition: Chapter 03 Volume 10 P. 0082  Spanish special edition: Chapter 03 Volume 7 P. 0124  Portuguese special edition Chapter 03 Volume 7 P. 0124

++++ ( 1 ) OJ N 72 , 8 . 8 . 1962 , PP . 2034 TO 2036/62 .   ( 2 ) OJ N L 121 , 4 . 6 . 1970 , PP . 28 AND 29 .  COMMISSION DECISION  OF 31 OCTOBER 1973  ON THE ADVISORY COMMITTEE ON WINE   ( 73/424/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  WHEREAS AN ADVISORY COMMITTEE ON WINE WAS SET UP BY THE COMMISSION DECISION OF 18 JULY 1962 ( 1 ) , AS AMENDED BY THE DECISION OF 15 MAY 1970 ( 2 ) ;  WHEREAS IT IS CONSIDERED DESIRABLE , AS A RESULT OF THE ACCESSION OF NEW MEMBER STATES TO THE COMMUNITY , TO ALTER THE RULES FIXING THE NUMBER AND APPORTIONMENT OF SEATS ON THIS COMMITTEE ;  WHEREAS , MOREOVER , THE TEXT OF THE DECISION AFORESAID REQUIRES CERTAIN MINOR ALTERATIONS AND IT IS THEREFORE NECESSARY FOR THE SAKE OF CLARITY TO PRODUCE A COMPLETELY NEW VERSION OF THE TEXT ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE TEXT OF THE DECISION OF 18 JULY 1962 SETTING UP AN ADVISORY COMMITTEE ON WINE IS REPLACED BY THE FOLLOWING :   " ARTICLE 1  1 . THERE SHALL BE ATTACHED TO THE COMMISSION AN ADVISORY COMMITTEE ON WINE , HEREINAFTER CALLED THE " COMMITTEE " .  2 . THE COMMITTEE SHALL BE COMPOSED OF REPRESENTATIVES OF THE FOLLOWING INTERESTS : GROWERS , COOPERATIVES , THE WINE-MAKING AND PROCESSING INDUSTRIES , THE WINE TRADE , AGRICULTURAL WORKERS AND WORKERS IN THE WINE INDUSTRY , CONSUMERS .  ARTICLE 2  1 . THE COMMITTEE MAY BE CONSULTED BY THE COMMISSION ON ANY PROBLEM CONCERNING THE OPERATION OF REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET IN WINE AND IN PARTICULAR ON MEASURES TO BE ADOPTED BY THE COMMISSION UNDER THOSE REGULATIONS .  2 . THE CHAIRMAN OF THE COMMITTEE MAY INDICATE TO THE COMMISSION THE DESIRABILITY OF CONSULTING THE COMMITTEE ON ANY MATTER WITHIN THE LATTER'S COMPETENCE BUT ON WHICH ITS OPINION HAS NOT BEEN SOUGHT . HE SHALL DO SO , IN PARTICULAR , AT THE REQUEST OF ONE OF THE INTERESTS REPRESENTED .  ARTICLE 3  1 . THE COMMITTEE SHALL CONSIST OF FORTY MEMBERS .  2 .SEATS ON THE COMMITTEE SHALL BE APPORTIONED AS FOLLOWS :   _ TWELVE TO WINE GROWERS' REPRESENTATIVES ,   _ EIGHT TO REPRESENTATIVES OF WINE-MAKING AND MARKETING COOPERATIVES ,   _ SIX TO REPRESENTATIVES OF THE WINE TRADE ,   _ FOUR TO REPRESENTATIVES OF THE WINE-MAKING AND PROCESSING INDUSTRIES ,   _ FIVE TO REPRESENTATIVES OF AGRICULTURAL WORKERS AND OF WORKERS IN THE WINE INDUSTRY ,   _ FIVE TO CONSUMERS' REPRESENTATIVES .  ARTICLE 4  1 . MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE COMMISSION ON PROPOSALS FROM THE TRADE WORKERS' ORGANIZATIONS SET UP AT COMMUNITY LEVEL WHICH ARE MOST REPRESENTATIVE OF THE INTERESTS SPECIFIED IN ARTICLE 1 ( 2 ) AND WHOSE ACTIVITIES COME WITHIN THE SCOPE OF THE COMMON ORGANIZATION OF THE MARKET IN WINE ; CONSUMERS' REPRESENTATIVES SHALL BE APPOINTED ON PROPOSALS FROM THE CONSUMERS' ADVISORY COMMITTEE .  THOSE BODIES SHALL FOR EACH SEAT TO BE FILLED PUT FORWARD THE NAMES OF TWO CANDIDATES OF DIFFERENT NATIONALITY .  2 . THE TERM OF OFFICE FOR MEMBERS OF THE COMMITTEE SHALL BE THREE YEARS . THEIR APPOINTMENTS MAY BE RENEWED . MEMBERS SHALL NOT BE REMUNERATED FOR THEIR SERVICES .  AFTER EXPIRY OF THE THREE YEARS MEMBERS OF THE COMMITTEE SHALL REMAIN IN OFFICE UNTIL THEY ARE REPLACED OR UNTIL THEIR APPOINTMENTS ARE RENEWED .  A MEMBER'S TERM OF OFFICE MAY BE TERMINATED BEFORE EXPIRY OF THE THREE YEARS BY DEATH OR RESIGNATION .  IT MAY ALSO BE TERMINATED WHERE THE BODY WHICH THE MEMBER REPRESENTS REQUESTS THAT HE BE REPLACED .  A PERSON SHALL BE APPOINTED , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPH 1 , TO REPLACE SUCH MEMBER FOR THE REMAINDER OF THE TERM OF OFFICE .  3 . A LIST OF THE MEMBERS OF THE COMMITTEE SHALL BE PUBLISHED BY THE COMMISSION , FOR INFORMATION PURPOSES , IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  ARTICLE 5  THE COMMITTEE SHALL , BY A TWO-THIRDS MAJORITY OF THE MEMBERS PRESENT , ELECT A CHAIRMAN AND TWO VICE-CHAIRMEN FOR A PERIOD OF THREE YEARS .  THE COMMITTEE MAY , BY THE LIKE MAJORITY , ELECT FURTHER OFFICERS FROM AMONG THE OTHER MEMBERS . IN THAT CASE , THE OFFICERS OTHER THAN THE CHAIRMAN SHALL CONSIST AT MOST OF ONE REPRESENTATIVE OF EACH INTEREST REPRESENTED ON THE COMMITTEE .  THE OFFICERS SHALL PREPARE AND ORGANIZE THE WORK OF THE COMMITTEE .  ARTICLE 6  AT THE REQUEST OF ANY OF THE INTERESTS REPRESENTED , THE CHAIRMAN MAY INVITE A PERSON DELEGATED BY THE INTEREST CONCERNED TO BE PRESENT AT MEETINGS OF THE COMMITTEE . HE MAY LIKEWISE ON SUCH REQUEST INVITE ANY PERSON WITH SPECIAL QUALIFICATIONS IN ANY SUBJECT ON THE AGENDA TO TAKE PART IN AN EXPERT CAPACITY IN THE DELIBERATIONS OF THE COMMITTEE . EXPERTS SHALL TAKE PART IN DISCUSSIONS ONLY OF THOSE QUESTIONS ON ACCOUNT OF WHICH THEY WERE INVITED .  ARTICLE 7  THE COMMITTEE MAY SET UP WORKING GROUPS TO ASSIST IT IN CARRYING OUT ITS WORK .  ARTICLE 8  1 . THE COMMITTEE SHALL BE CONVENED BY THE COMMISSION AND SHALL MEET AT COMMISSION HEADQUARTERS . MEETINGS OF THE OFFICERS SHALL BE CONVENED BY THE CHAIRMAN BY ARRANGEMENT WITH THE COMMISSION .  2 . REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED SHALL TAKE PART IN MEETINGS OF THE COMMITTEE , ITS OFFICERS AND WORKING GROUPS .  3 . SECRETARIAL SERVICES FOR THE COMMITTEE , ITS OFFICERS AND WORKING GROUPS SHALL BE PROVIDED BY THE COMMISSION .  ARTICLE 9  THE COMMITTEE SHALL DISCUSS MATTERS ON WHICH THE COMMISSION HAS REQUESTED AN OPINION . NO VOTE SHALL BE TAKEN .  THE COMMISSION MAY , WHEN SEEKING THE OPINION OF THE COMMITTEE , SET A TIME LIMIT WITHIN WHICH SUCH OPINION SHALL BE GIVEN .  THE VIEWS EXPRESSED BY THE VARIOUS INTERESTS REPRESENTED SHALL BE INCLUDED IN A REPORT FORWARDED TO THE COMMISSION .  IN THE EVENT OF UNANIMOUS AGREEMENT BEING REACHED IN THE COMMITTEE ON THE OPINION TO BE GIVEN , THE COMMITTEE SHALL FORMULATE JOINT CONCLUSIONS AND ATTACH THEM TO THE REPORT .  THE OUTCOME OF THE COMMITTEE'S DISCUSSIONS SHALL ON REQUEST BE COMMUNICATED BY THE COMMISSION TO THE COUNCIL AND TO THE MANAGEMENT COMMITTEES .  ARTICLE 10  WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 214 OF THE TREATY , WHERE THE COMMISSION INFORMS THEM THAT THE OPINION REQUESTED OR THE QUESTION RAISED IS ON A MATTER OF A CONFIDENTIAL NATURE , MEMBERS OF THE COMMITTEE SHALL BE UNDER AN OBLIGATION NOT TO DISCLOSE INFORMATION WHICH HAS COME TO THEIR KNOWLEDGE THROUGH THE WORK OF THE COMMITTEE OR OF ITS WORKING GROUPS .  IN SUCH CASES , ONLY COMMITTEE MEMBERS AND REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED MAY BE PRESENT AT MEETINGS . "  ARTICLE 2  THIS DECISION SHALL ENTER INTO FORCE ON 31 OCTOBER 1973 .  DONE AT BRUSSELS , 31 OCTOBER 1973 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI


title: 2011/285/EU: Council Decision of 12 May 2011 on the conclusion of the Agreement between the European Union and the Government of the Socialist Republic of Vietnam on certain aspects of air services

text:
               19.5.2011

               EN

               Official Journal of the European Union

               L 132/5

         COUNCIL DECISION
   of 12 May 2011
   on the conclusion of the Agreement between the European Union and the Government of the Socialist Republic of Vietnam on certain aspects of air services
   (2011/285/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) in conjunction with 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)

               By its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.

               (2)

               On behalf of the Union, the Commission has negotiated an Agreement with the Government of the Socialist Republic of Vietnam on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Decision of 5 June 2003.

               (3)

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

               (4)

               The Agreement should be approved accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Government of the Socialist Republic of Vietnam on certain aspects of air services (1) is hereby approved on behalf of the Union.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to make the notification provided for in Article 7(1) of the Agreement.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 12 May 2011.

            For the Council

            The President

         PINTÉR S.

      (1)  OJ L 288, 5.11.2010, p. 2.


Avis juridique important

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31986D0536

86/536/EEC: Commission Decision of 7 November 1986 terminating the anti-dumping proceeding concerning imports of certain tube and pipe fittings originating in Brazil, Taiwan, Yugoslavia and Japan

Official Journal L 313 , 08/11/1986 P. 0020

*****COMMISSION  DECISION  of 7 November 1986  terminating the anti-dumping proceeding concerning imports of certain tube and pipe fittings originating in Brazil, Taiwan, Yugoslavia and Japan  (86/536/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulations (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 9 thereof,  After consultations within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. PROCEDURE  (1) In November 1984, the Commission received a complaint concerning imports of certain tube and pipe fittings originating in Brazil, Taiwan and Yugoslavia which was lodged by the European Malleable Tube Fittings Development Association (EMAFIDA) on behalf of producers representing substantially all Community production of the product in question.  In March 1985 the Italian producer who is the largest producer in the Community and whose production accounts for a major proportion of the Community's production lodged a complaint concerning imports of the product in question originating in Japan.  Both complaints contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (2), the initiation of an anti-dumping proceeding concerning imports into the Community of certain tube and pipe fittings of malleable cast iron falling within Common Customs Tariff heading ex 73.20, corresponding to NIMEXE code 73.20-30 originating in Brazil, Taiwan, Yugoslavia and Japan.  (2) The Commission officially so advised the exporters and importers known to be concerned, the representatives of the exporting countries and the complainants and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  (3) All companies concerned having exported the product in question to the Community during the period under investigation made their views known in writing. The majority of the known exporters requested and were granted hearings. Some importers also made written submissions and requested hearings which were granted.  (4) The Commission sought and verified all information it deemed to be necessary and carried out investigations at the premises of the following:  (a) EEC producers:  - Georg Fischer AG, Singen (Hohentwiel), Germany,  - R. Woeste & Co., Duesseldorf, Germany,  - Acciaierie e Ferriere Lombarde Falck SpA., Milano, Italy;  (b) Non-EEC producers/exporters:  - Fundiçao Tupy SA, Joinville, SC, Brazil,  - De HoMetal Industrial Co. Ltd, Hsinchu, Taiwan,  - San Yang Metal Industrial Co. Ltd, Taipei Hsien, Taiwan,  - Tai Yang Metal Industrial Co. Ltd, Taipei, Taiwan,  - Young Shieng Manufacturing Co. Ltd, Taipei, Taiwan,  - Livnica Zeljeza i Tempera, Kikinda, Yugoslavia,  - Titan, Kamnik, Yugoslavia,  - Awaji Sangyo K.K., Tokyo, Japan,  - Higashio Pipe Fittings MFG, Co. Ltd, Kawachi Nagano, Osaka, Japan,  - Hitachi Metals Ltd, Chiyoda-Ku, Tokyo, Japan,  - Nippon Kokan Pipe Fittings MFG, Co. Ltd, Kishiwada, Osaka, Japan,  - Yodoshi Malleable Co. Ltd, Kawachi Nagano, Osaka, Japan;  (c) EEC importers:  - Hermann Schmidt, Essen-Bredeney, Germany,  - Tupy Handelsgesellschaft mbH., Hamburg, Germany,  - Euraccordi, Liscate, Milano, Italy,  - Jannone Arm SpA., Napoli, Italy,  - Rocco Locatelli s.a.s., Casteggio, Pavia, and Milano, Italy  - O.M.L., Legnaro, Padova, Italy.  (5) The investigation of dumping and price undercutting covered the period 1 January to 31 December 1984.  B. DUMPING  Normal value  (6) Normal value was in all cases provisionally determined on the basis of the net ex-works domestic prices of those producers who exported to the Community and who provided sufficient evidence concerning the prices actually paid in the ordinary course of trade for the like product intended for consumption in the exporting country and which were considered to be representative for the domestic market concerned. Account was taken, where appropriate, of packing, transport costs within the country and payment terms to arrive at the net ex-works price.  Export price  (7) The export prices were generally determined on the basis of the net ex-works prices actually paid for the products sold for export to the Community. Account was taken, where appropriate, of packing, ocean freight, transport within the country, port charges, and commissions.  (8) Where exports were made to subsidiary companies in the Community export prices were constructed on the basis of the prices at which the imported product was first resold to an independent buyer, suitably adjusted to take account of all costs incurred between importation and resale including customs duty, and of a profit margin of 4,0 % considered reasonable by analogy with the average profit margins of independent importers of the product in question.  C. COMPARISON  (9) In order to make a fair comparison between the normal value and export prices, appropriate account was taken of the differences affecting price comparability, such as differences in the terms and conditions of sale and indirect taxes where it could be demonstrated that there was a direct relationship between such differences and the sales in question. Certain claims which were made by some exporters with regard to adjustments for differences in overheads have been rejected.  (10) All comparisons were made at the ex-factory level.  D. MARGINS  (11) The above preliminary examination of the facts shows the existence of dumping in respect of the imports of the products in question originating in Yugoslavia, Japan and Brazil, the margin of dumping being equal to the amount by which the normal value as established exceeds the export prices to the Community. These margins vary according to the exporter and the importing Member State, the weighted average margins being as follows:  - Yugoslavia: up to 71,3 %;  - Japan: up to 19,8 %;  - Brazil: 5,6 %;  - Taiwan: less than 1 %.  E. INJURY  (12) With regard to the allegation of injury caused by the dumped imports the evidence available to the Commission shows that imports into the Community from Japan went down from 9 300 tonnes in 1981 to 6 400 tonnes in 1984 with a corresponding fall of market share from 17,8 % to 10,2 %. In addition, imports from Taiwan fell from 3 900 tonnes in 1981 to 1 100 tonnes in 1984, reducing their market share from 7,4 % to 1,7 %. Imports from Yugoslavia increased slightly during the same period from 1 800 to 1 900 tonnes while the market share dropped from 3,4 % to 3,0 % due to a rise in consumption. Only imports from Brazil have significantly expanded from 1 500 tonnes in 1981 to 4 200 tonnes in 1984 increasing their market share from 2,8 % to 6,4 %.  (13) Taken together the imports of tube and pipe fittings of malleable cast iron originating in Japan, Taiwan, Yugoslavia and Brazil declined from 16 400 tonnes in 1981 to 13 600 tonnes in 1984 with a consequent decrease in market share from 31,4 % to 21,6 %.  (14) Considering that the imports of the Japanese and Taiwanese product in the Community had decreased and corresponded to a declining market share of these products in the Community, the Commission has examined whether it was appropriate to aggregate the imports of tube and pipe fittings originating in Japan and Taiwan with those originating in Yugoslavia and Brazil.  The Commission found that all the products under investigation competed with each other in the Community market. Furthermore, Japanese and Taiwanese imports taken together despite their decline still maintained a substantial market share significant enough to cause material injury because of the low prices at which they were sold in the Community. The Commission therefore concluded that in order to determine whether material injury was caused by the dumped products aggregation of the imports from Japan and Taiwan with those from Yugoslavia and Brazil was not unreasonable.  (15) With regard to sales prices of the dumped product in the Community it was found that the exporters concerned sold their product through different sales channels in the Community and that the imported products were thus competing with the products of the Community industry at different marketing stages. On the basis of direct sales to large distributors and wholesalers in the Community, prices of Community producers were undercut in a range from 25 % to 45 %; in view of the substantial price differential certain Community producers had to suspend supplies to those distributors buying the dumped product, others were forced to scale down their prices below production cost in order to meet the competition from the imported product and to continue sales to these distributors thus suffering considerable financial losses. Where the Community producers competed with the importing distributors no significant and systematic price undercutting was found; however, the resale prices of the imported product prevented Community producers from raising their prices to a level necessary to cover cost increases which reduced their profit margins on their sales or in certain cases even induced losses.  On the basis of their total sales of tube and pipe fittings all major Community producers have continuously suffered losses from 1981 to 1984.  (16) Community production has increased from 35 500 tonnes in 1981 to 42 500 tonnes in 1984 that is by about 20 %. The increase in production improved capacity utilization considerably, from 65 % to 80 % on average; certain production lines were temporarily running at full capacity.  (17) Sales of Community producers increased in line with production and their market share recovered from 43 % in 1981 to 50 % in 1984.  (18) In the light of the significant improvement of production, capacity utilization and sales of the Community industry the Commission has considered whether injury might have been caused by price suppression in the Community due to the imported products. In fact Community producers were only able to regain market share by keeping their prices at a level not permitting to cover full costs. Such a defensive strategy relying on prices which do not cover full cost and a reasonable profit but are merely a contribution to fixed costs jeopardizes in the longer run the viability of the enterprise and constitutes material injury if caused by low-priced dumped imports.  (19) In this context the Commission had to consider the effects of other factors such as a decrease of consumption in the Community or imports from third countries not concerned by the procedure or from Taiwan for which de minimis dumping was found. Consumption in the Community has risen by some 20 % from 1981 to 1984. Imports from other countries not concerned by the procedure also increased from 13 000 tonnes in 1981 to 17 800 tonnes in 1984 corresponding to a growth in market share from 25 % to 28 %. At the same time imports originating in the countries concerned by the procedure fell from 16 400 tonnes to 13 600 tonnes corresponding to a decrease in market share of 9,8 %. The evidence available to the Commission shows that the prices of the imported products both from the countries concerned by the proceeding and other third countries were approximately at the same level for sales through comparable sales channels.  Taking into account that the market share of the countries concerned has substantially decreased while at the same time the market share of other third countries continued to rise, and in particular that the sales prices of goods from the third countries were at approximately the same level as those from the countries concerned the Commission is of the opinion that the injury caused to the Community industry by price undercutting or price suppression cannot be attributed solely to the imports concerned by the proceeding.  (20) With regard to imports of the product concerned originating in Taiwan the dumping margins are de minimis and protective measures should not be envisaged against these imports. (21) As far as the imports of the product in question originating in Japan, Brazil and Yugoslavia are concerned protective measures in respect of imports from these countries alone would not eliminate the injury caused to the Community industry, consideration being given to the higher market share reached by imports from other third countries during the investigation period and their equally low prices. Protective measure against imports from Japan, Brazil and Yugoslavia would be likely to favour mainly other low-priced imports and increase their market share further at the expense of imports from these countries without any consequent improvement in the situation for the Community industry. Furthermore the exporters concerned have agreed to report to the Commission on a regular basis on quantities and prices of their exports of tube and pipe fittings to the Community. Under these circumstances and taking account of the volume decline of the imports concerned and the improved situation of the Community industry with regard to its sales, production and capacity utilization, the Commission has reached the conclusion that protective measures would not be in the Community's interest.  G. TERMINATION  (22) The proceeding concerning imports of certain tube and pipe fittings of malleable cast iron originating in Japan, Brazil, Yugoslavia and Taiwan should therefore be terminated.  No objection to this course of action was raised in the Advisory Committee.  (23) The complainant was informed of the essential facts and considerations on the basis of which the Commission intended to terminate this proceeding. Subsequently, the complainant requested additional information and a hearing which was granted. The arguments made at the hearing had been taken into account in this Decision,  HAS DECIDED AS FOLLOWS:  Sole Article  The anti-dumping proceeding in respect of certain tube and pipe fittings of malleable cast iron originating in Japan, Brazil, Yugoslavia and Taiwan is hereby terminated.  Done at Brussels, 7 November 1986.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No C 77, 23. 3. 1985, p. 3.


title: Political and Security Committee Decision (CFSP) 2015/958 of 17 June 2015 on the appointment of the EU Force Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED) (EUNAVFOR MED/1/2015)

text:
               20.6.2015

               EN

               Official Journal of the European Union

               L 156/24

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2015/958
   of 17 June 2015
   on the appointment of the EU Force Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED) (EUNAVFOR MED/1/2015)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Decision (CFSP) 2015/778 of 18 May 2015 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED) (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6(1) of Decision (CFSP) 2015/778, the Council authorised the Political and Security Committee to take decisions on the appointment of the EU Force Commander for EUNAVFOR MED.

               (2)

               The EU Operation Commander has recommended the appointment of Rear Admiral Andrea GUEGLIO as the EU Force Commander for EUNAVFOR MED.

               (3)

               The EU Military Committee supports that recommendation.

               (4)

               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,

         HAS ADOPTED THIS DECISION:
   Article 1
   Rear Admiral Andrea GUEGLIO is hereby appointed EU Force Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED).
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 17 June 2015.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

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


Avis juridique important

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31994D0910

94/910/EC, ECSC, Euratom: Decision of the Council and the Commission of 19 December 1994 concerning the conclusion of a Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part

Official Journal L 360 , 31/12/1994 P. 0001 - 0001 Finnish special edition: Chapter 11 Volume 36 P. 0003  Swedish special edition: Chapter 11 Volume 36 P. 0003

DECISION OF THE COUNCIL AND THE COMMISSION of 19 December 1994 concerning the conclusion of a Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part (94/910/ECSC, EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Coal and Steel Community,Having regard to the Treaty establishing the European Community, and in particular Article 238, in conjunction with Article 228 (2) second sentence and (3), second subparagraph thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,Having regard to the assent of the European Parliament (1),Whereas the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, signed in Brussels, on 4 October 1993, should be approved,DECIDE:Article 1 The Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, and the Protocols annexed thereto and the declarations and Exchanges of Letters attached to the Final Act, are hereby approved on behalf of the European Coal and Steel Community, the European Community and the European Atomic Energy Community.The texts of the Agreement, the Protocols annexed thereto and the Final Act are attached to this Decision.Article 2 1. The position to be adopted by the Community within the Association Council shall be determined by the Council on a proposal from the Commission, or, where appropriate, by the Commission, each in accordance with the corresponding provisions of the Treaties establishing the European Community, the European Coal and Steel Community and the European Atomic Energy Community.2. The President of the Council shall, in accordance with Article 105 of the Europe Agreement, preside over the Association Council and present the position of the Community. A representative of the Commission shall preside over the Association Committee, in accordance with the Rules of Procedure thereof, and present the position of the Community.Article 3 The President of the Council shall, as regards the European Community, deposit the act of notification provided for in Article 123 of the Agreement. The President of the Commission shall deposit the said acts of notification, as regards the European Coal and Steel Community and the European Atomic Energy Community.Done at Brussels, 19 December 1994.For the CouncilThe PresidentK. KINKELFor the CommissionThe PresidentJ. DELORS(1) OJ No C 315, 22. 11. 1993, p. 104.


title: Council Decision (EU) 2015/354 of 2 March 2015 adopting the Rules of Procedure of the Investment Facility Committee set up under the auspices of the European Investment Bank

text:
               5.3.2015

               EN

               Official Journal of the European Union

               L 61/10

         COUNCIL DECISION (EU) 2015/354
   of 2 March 2015
   adopting the Rules of Procedure of the Investment Facility Committee set up under the auspices of the European Investment Bank
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (1) (‘Internal Agreement’), and in particular Article 9(2) thereof,
   Having regard to the proposal from the European Investment Bank,
   Whereas:

               (1)

               The Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (2), as first amended in Luxembourg on 25 June 2005 (3) and as amended for the second time in Ouagadougou on 22 June 2010 (4) (‘ACP-EU Partnership Agreement’), provides for the definition of financial protocols for each five-year period.

               (2)

               On 26 June 2013, the Representatives of the Governments of the Member States, meeting within the Council, adopted an Internal Agreement in accordance with the ACP-EU Partnership Agreement, providing for the setting up of a Committee (‘the Investment Facility Committee’) consisting of Representatives of the Governments of the Member States and of a representative of the Commission under the auspices of the European Investment Bank (EIB).

               (3)

               On 17 November 2014, the EIB, after consulting the Commission, presented a proposal for a Decision adopting the rules of procedure of the Investment Facility Committee to the Council.

               (4)

               The rules of procedure of the Investment Facility Committee should take into account the relevant provisions of Council Decision 2013/755/EU (5) and of Council Regulation (EU) 2015/322 (6),

         HAS ADOPTED THIS DECISION:
   Article 1
   The Rules of Procedure of the Investment Facility Committee set up under the auspices of the European Investment Bank, as set out in the Annex, are hereby adopted.
   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, 2 March 2015.

            For the Council

            The President

         D. REIZNIECE-OZOLA

      (1)  OJ L 210, 6.8.2013, p. 1.

      (2)  OJ L 317, 15.12.2000, p. 3.

      (3)  OJ L 287, 28.10.2005, p. 4.

      (4)  OJ L 287, 4.11.2010, p. 3.

      (5)  Council Decision 2013/755/EU of 25 November 2013 on the association of the Overseas Countries and Territories (OCTs) with the European Union (‘Overseas Association Decision’) (OJ L 344, 19.12.2013, p. 1).

      (6)  Regulation (EU) 2015/322 of 2 March 2015 on the implementation of the 11th European Development Fund (OJ L 58, 3.3.2015, p. 1).

      ANNEX

         RULES OF PROCEDURE OF THE INVESTMENT FACILITY COMMITTEE SET UP UNDER THE AUSPICES OF THE EUROPEAN INVESTMENT BANK

      Article 1
      1.   The Investment Facility Committee (‘the Committee’) shall consist of a representative for each Member State and a representative of the Commission. Only the members of the Committee designated by the Member States, or their alternates, shall vote.
      2.   The Chairperson and the deputy Chairperson of the Committee shall be elected from within the members of the Committee designated by the Member States, for a period of two years. The election shall take place at the beginning of the first meeting of the Committee by secret vote. The Chairperson shall be elected among the candidates on the basis of a qualified majority, as laid down in Article 3. The election of the deputy Chairperson shall follow the same procedure.
      3.   The European Investment Bank (‘the Bank’) shall provide the Committee's secretariat and support services.
      4.   The Member States shall each nominate one representative and one alternate authorised to exercise voting rights. An alternate may attend meetings of the Committee as an observer, but shall only have the right to vote when his/her Member State's representative is absent. Under exceptional circumstances, where neither the representative nor the alternate can attend a meeting of the Committee, the representative may give a proxy to another representative, or may be replaced by a third person to be appointed ad hoc by the Member State. The Member States shall inform the Bank and the General Secretariat of the Council of the names and addresses of their representatives and their alternates through their Permanent Representations to the European Union.
      5.   The Commission shall nominate one representative and one alternate to attend the meetings of the Committee and shall communicate their names to the Bank and to the General Secretariat of the Council. These appointees may be assisted by other officials and servants of the Commission.
      6.   The Bank shall nominate two officials to attend and take part in the work of the Committee and shall communicate their names to the Commission and to the General Secretariat of the Council. These appointees may be assisted by other officials of the Bank.
      7.   A representative of the General Secretariat of the Council and a representative of the European External Action Service (EEAS) shall be invited to attend meetings of the Committee as observers.
      Article 2
      The Committee shall be convened by its Chairperson and shall meet at least four times a year at the Bank's headquarters in Luxembourg. The Chairperson may convene additional meetings at the request of one of its members, or the Bank.
      The secretariat shall send notices of meetings to the members of the Committee and their alternates, to the General Secretariat of the Council, the Commission and the EEAS, including details of the agenda proposed for the meeting, at the same time as the relevant documents, as specified in Article 5(1).
      Article 3
      The Committee shall act in all matters by a qualified majority of 721 votes out of 1 000, expressing a vote in favour by at least 15 Member States. The blocking minority shall consist of 280 votes. The votes of the representatives of the Member States shall be weighted as follows:

                  Member State

                  Votes

                  Belgium

                  33

                  Bulgaria

                  2

                  Czech Republic

                  8

                  Denmark

                  20

                  Germany

                  206

                  Estonia

                  1

                  Ireland

                  9

                  Greece

                  15

                  Spain

                  79

                  France

                  178

                  Croatia

                  2

                  Italy

                  125

                  Cyprus

                  1

                  Latvia

                  1

                  Lithuania

                  2

                  Luxembourg

                  3

                  Hungary

                  6

                  Malta

                  1

                  Netherlands

                  48

                  Austria

                  24

                  Poland

                  20

                  Portugal

                  12

                  Romania

                  7

                  Slovenia

                  2

                  Slovakia

                  4

                  Finland

                  15

                  Sweden

                  29

                  United Kingdom

                  147

                  Total

                  1 000

            Article 4
      1.   The Committee shall, under the conditions laid down in Article 3 of these Rules of Procedure and in Article 16 of the Council Regulation (EU) 2015/322 (1) (‘the Implementation Regulation’):

                  (a)

                  with regard to the Investment Facility, approve:

                              (i)

                              the operational guidelines and proposals for their revision;

                              (ii)

                              the investment strategies and business plans, including performance indicators, in accordance with point (b) of Article 16(2) of the Implementation Regulation;

                              (iii)

                              the annual reports, including the financial statements;

                              (iv)

                              any general policy document, including evaluation reports;

                  (b)

                  deliver an opinion on:

                              (i)

                              all Investment Facility financing proposals;

                              (ii)

                              all financing proposals from the Bank's own resources under the ACP-EU Partnership Agreement and the Overseas Association Decision including those related to projects for which the Commission has rendered a negative opinion;

                              (iii)

                              the use of an interest rate subsidy, in case of projects including an interest rate subsidy;

                              (iv)

                              proposals related to the development of the Bank's result measurement framework to the extent that such framework is applicable to operations under the ACP-EU Partnership Agreement;

                              (v)

                              any other proposal based on the general principles defined in the operational guidelines.

            In order to streamline the approval process for small operations, the Committee may give its favourable opinion to proposals from the Bank for a global allocation (interest rate subsidies, technical assistance) or global authorisation (lending, equity) in accordance with Article 16(3) of the Implementation Regulation.
      In addition, the governing bodies of the Bank may, from time to time, request that the Committee provides an opinion on other strategy or policy issues concerning the operations of the Bank in the ACP countries.
      2.   The working documents and proposals for the Committee shall be prepared and submitted by the Bank to the Committee and to the observers. Proposals shall provide details on:

                  (a)

                  the description of the project and its relevance to the country development strategy as presented in the country strategy papers;

                  (b)

                  the development objective which the project is intended to achieve, including the sustainability of the measures planned;

                  (c)

                  the general organisation of, and the justification for, the project;

                  (d)

                  the project's costs, method of financing and risks involved, as well as, when relevant, the risk mitigation measures the Bank intends to apply;

                  (e)

                  the project's local, national and regional impact, based on the provisions of the ACP-EU Partnership Agreement, including on the environment;

                  (f)

                  the agreement or opinion of the Commission, as specified in Article 16(5) of the Implementation Regulation.

            3.   The detailed rules governing the technical execution of the project and the timetable for carrying it out shall be summarised in an Annex to the proposal.
      Article 5
      1.   The Bank shall send the relevant documents and proposals to the members of the Committee and their alternates, as well as to the General Secretariat of the Council and to the EEAS at least 21 calendar days before the date fixed for the meetings.
      The Chairperson may in exceptional cases waive the above time limit at the duly justified request of the Bank. Should a member of the Committee, however, inform the Secretariat that the waiving of the time limit is not acceptable, the respective agenda item will be removed.
      2.   Members of the Committee shall notify the Bank in writing of any comments or requests for further information they may have on the documents circulated pursuant to paragraph 1, within the following respective time limits:

                  (a)

                  at least five working days before the date of the meetings in case they request a written response from the Bank ahead of the meeting;

                  (b)

                  at least three working days, in case they request the Bank to answer orally during the meeting.

            The right of Members of the Committee to receive oral answers from the Bank regarding questions raised during the meeting on the documents circulated pursuant to paragraph 1 shall not be impaired.
      3.   Acting on a proposal from its Chairperson, the Committee shall adopt the agenda at the beginning of the meeting. Each member of the Committee may request that items be added to the agenda, but for discussion only. Information supplied in this connection may be given orally.
      4.   An absent Member State representative shall be deemed to have approved or delivered a favourable opinion on the documents submitted, except where he/she has given the Chairperson of the Committee written notice of his/her intention not to approve or deliver a favourable opinion, or where, as an exceptional measure, he/she has given a proxy to another Member State representative. Where proxies to vote have been given or a replacement has been designated, the Chairperson of the Committee shall be duly informed in advance.
      A Member State representative may receive a proxy from one other Member State representative only.
      Article 6
      1.   The opinion of the Committee may be sought by means of a written procedure at the initiative of the Bank and with the prior agreement of the Chairperson.
      2.   Where a proposal is submitted through written procedure, the Bank shall submit it together with all relevant supporting documents. If, within 21 calendar days following the submission of a proposal, a Member State representative has not cast a negative vote, he/she shall be deemed to have voted in favour of the proposal.
      3.   If discussion at a meeting of the Committee is specifically requested by one of its members not later than five working days before expiry of the 21 calendar days period referred to in the paragraph 2, the proposal shall be submitted in the next scheduled meeting of the Committee. In exceptional cases of particular urgency, the Bank may then request that an extraordinary meeting of the Committee be convened by the Chairperson pursuant to Article 2.
      Article 7
      1.   Without prejudice to Article 16(6) of the Implementation Regulation, the Committee's approval or favourable opinion may be granted subject to any comment specified by the Committee.
      2.   The Committee may ask for the appraisal of a request or proposal to be supplemented in certain respects. In such an event, the request or the proposal can be put before the Committee a second time.
      3.   The opinions delivered by the Committee shall be forwarded to the Bank's governing bodies.
      Article 8
      1.   A record of the main conclusions of each meeting of the Committee and the main standpoints adopted by the members of the Committee shall be drawn up by the secretariat under the responsibility of the Chairperson within 15 working days of the date of the meeting. The secretariat shall likewise record the opinions and votes cast under written procedure. These records shall be sent to the members of the Committee.
      2.   The record shall be deemed final once approved by the Committee, whether by written procedure or at a subsequent meeting.
      3.   Correspondence concerning the Committee shall be addressed to the secretariat, for the attention of the Chairperson of the Committee.
      4.   All representatives and observers attending meetings of the Committee shall observe the confidentiality of the Committee's work and deliberations. Documents relating to such work and deliberations shall be for the use of those to whom they are addressed, who shall be responsible for their safekeeping and the preservation of their confidentiality.
      5.   Twice a year, the Bank, in agreement with the Chairperson of the Committee, will make available general information on the implementation of the Investment Facility to the EDF Committee and the Council preparatory bodies, in particular the ACP Working Party, to ensure broad coherence and complementarity of activities funded under the European Development Fund. This will be done in compliance with confidentiality rules enshrined in paragraph (4).
      Article 9
      1.   The operating expenditure of the Committee, including travel expenses for one representative of each Member State, shall be borne by the Bank. The Member State representative chairing the Committee is also entitled to reimbursement of travel expenses in addition to the other representative from the same Member State, if any.
      2.   The Bank shall place at the disposal of the Committee the premises and equipment necessary for its work.
      Article 10
      All notices, correspondence or documents to be transmitted pursuant to these Rules of Procedure may be so transmitted using electronic mail or facsimile machine.

         (1)  Regulation (EU) 2015/322 of 2 March 2015 on the implementation of the 11th European Development Fund (OJ L 58, 3.3.2015, p. 1).


title: Council Decision (EU) 2016/1946 of 15 March 2016 concerning the signing and conclusion of the Agreement between the European Union and Georgia on security procedures for exchanging and protecting classified information

text:
               8.11.2016

               EN

               Official Journal of the European Union

               L 300/1

         COUNCIL DECISION (EU) 2016/1946
   of 15 March 2016
   concerning the signing and conclusion of the Agreement between the European Union and Georgia on security procedures for exchanging and protecting classified information
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, in particular Article 37 thereof, and the Treaty on the Functioning of the European Union, in particular Article 218(5) and the first subparagraph of Article 218(6) thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               At its meeting on 20 January 2014, the Council decided to authorise the High Representative of the Union for Foreign Affairs and Security Policy (HR) to open negotiations pursuant to Article 37 of the Treaty on European Union and in accordance with the procedure laid down in Article 218(3) of the Treaty on the Functioning of the European Union in order to conclude an Agreement on the security of information between the European Union and Georgia.

               (2)

               Following that authorisation, the HR negotiated an Agreement with Georgia on security procedures for exchanging and protecting classified information.

               (3)

               That Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and Georgia on security procedures for exchanging and protecting classified information is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 15 March 2016.

            For the Council

            The President

         A.G. KOENDERS


title: 2011/661/: Council Decision of 3 October 2011 appointing eight Spanish members and 10 Spanish alternate members of the Committee of the Regions

text:
               7.10.2011

               EN

               Official Journal of the European Union

               L 263/18

         COUNCIL DECISION
   of 3 October 2011
   appointing eight Spanish members and 10 Spanish alternate members of the Committee of the Regions
   (2011/661/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Spanish Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               Eight members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Francesc ANTICH I OLIVER, Mr Marcelino IGLESIAS RICOU, Mr Vicente ÁLVAREZ ARECES, Ms Dolores GOROSTIAGA SAIZ, Mr José María BARREDA FONTES, Mr Guillermo FERNÁNDEZ VARA, Mr Miguel SANZ SESMA and Mr Francisco CAMPS ORTIZ. Ten alternate members’ seats have become vacant following the end of the terms of office of Mr Alberto GARCÍA CERVIÑO, Ms Lucía MARTÍN DOMÍNGUEZ, Mr Juan Antonio MORALES RODRÍGUEZ, Ms Elsa CASAS CABELLO, Ms Esther MONTERRUBIO VILLAR, Mr Javier VELASCO MANCEBO, Ms Luisa ARAÚJO CHAMORRO, Mr Antonio GONZÁLEZ TEROL, Mr Alberto CATALÁN HIGUERAS and Mr Rafael RIPOLL NAVARRO,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               (a)

               as members:

                           —

                           Ms Luisa Fernanda RUDI ÚBEDA, Presidenta del Gobierno de Aragón

                           —

                           Mr Francisco ÁLVAREZ-CASCOS FERNÁNDEZ, Presidente del Principado de Asturias

                           —

                           Mr José Ramón BAUZÁ DÍAZ, Presidente del Gobierno de las Illes Balears

                           —

                           Mr Juan Ignacio DIEGO PALACIOS, Presidente del Gobierno de Cantabria

                           —

                           Ms Dolores de COSPEDAL GARCÍA, Presidenta de la Junta de Comunidades de Castilla-La Mancha

                           —

                           Mr José Antonio MONAGO TERRAZA, Presidente de la Junta de Extremadura

                           —

                           Ms María Yolanda BARCINA ANGULO, Presidenta de la Comunidad Foral de Navarra

                           —

                           Mr Alberto FABRA PART, Presidente de la Comunidad Valenciana

                     and

               (b)

               as alternate members:

                           —

                           Mr Roberto Pablo BERMÚDEZ DE CASTRO MUR, Consejero de Presidencia del Gobierno de Aragón

                           —

                           Mr José PORTILLA GONZÁLEZ, Viceconsejero de Relaciones Institucionales de la Presidencia del Principado de Asturias

                           —

                           Mr Javier GONZÁLEZ ORTIZ, Consejero de Economía, Hacienda y Seguridad del Gobierno de Canarias

                           —

                           Ms Cristina MAZAS PÉREZ-OLEAGA, Consejera de Economía, Hacienda y Empleo de la Comunidad Autónoma de Cantabria

                           —

                           Mr Timoteo MARTÍNEZ AGUADO, Viceconsejero de Economía de la Junta de Comunidades de Castilla-La Mancha

                           —

                           Ms Cristina Elena TENIENTE SÁNCHEZ, Vicepresidenta y Portavoz de la Junta de Extremadura

                           —

                           Mr Borja COROMINAS FISAS, Director General de Asuntos Europeos y Cooperación con el Estado de la Comunidad de Madrid

                           —

                           Ms Carmen María SANDOVAL SÁNCHEZ, Directora General de la Unión Europea y Relaciones Exteriores de la Región de Murcia

                           —

                           Mr Juan Luis SÁNCHEZ DE MUNIÁIN LACASIA, Consejero de Cultura, Turismo y Relaciones Institucionales de la Comunidad Foral de Navarra

                           —

                           Ms María Victoria PALAU TÁRREGA, Directora General de Relaciones con la Unión Europea de la Comunidad Valenciana

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

      Done at Luxembourg, 3 October 2011.

            For the Council

            The President

         J. FEDAK

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


title: Council Decision 2010/585/CFSP of 27 September 2010 on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction

text:
               1.10.2010

               EN

               Official Journal of the European Union

               L 259/10

         COUNCIL DECISION 2010/585/CFSP
   of 27 September 2010
   on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 26(2) and Article 31(1) thereof,
   Whereas:

               (1)

               On 12 December 2003, the European Council adopted the EU Strategy against Proliferation of Weapons of Mass Destruction (‘the Strategy’), Chapter III of which contains a list of measures to combat such proliferation and which need to be taken both within the Union and in third countries.

               (2)

               The Union is actively implementing the Strategy and is giving effect to the measures listed in Chapter III thereof, in particular through releasing financial resources to support specific projects conducted by multilateral institutions, such as the International Atomic Energy Agency (IAEA).

               (3)

               On 17 November 2003, the Council adopted Common Position 2003/805/CFSP on the universalisation and reinforcement of multilateral agreements in the field of non-proliferation of weapons of mass destruction and means of delivery (1). That Common Position calls, inter alia, for the promotion of the conclusion of IAEA comprehensive safeguards agreements and Additional Protocols and commits the Union to work towards making the Additional Protocol and comprehensive safeguards agreements the standard for the IAEA verification system.

               (4)

               On 17 May 2004, the Council adopted Joint Action 2004/495/CFSP on support for IAEA activities under its Nuclear Security Programme and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (2).

               (5)

               On 18 July 2005, the Council adopted Joint Action 2005/574/CFSP on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (3).

               (6)

               On 12 June 2006, the Council adopted Joint Action 2006/418/CFSP on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (4).

               (7)

               On 14 April 2008, the Council adopted Joint Action 2008/314/CFSP on support for IAEA activities in the areas of nuclear security and verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (5).

               (8)

               The strengthening of the control of high-activity radioactive sources in accordance with the G-8 statement and Action Plan on securing radioactive sources, adopted at the 2003 Evian Summit, remains an important objective for the Union, which will be pursued through outreach to third countries.

               (9)

               In July 2005, the States Parties and the European Atomic Energy Community agreed by consensus to amend the Convention on the Physical Protection of Nuclear Material (CPPNM) with a view to expanding its scope to encompass nuclear material and facilities in peaceful domestic use and storage, as well as in transport, and to oblige States Parties to make violations subject to criminal sanctions.

               (10)

               In September 2005, the International Convention for the Suppression of Acts of Nuclear Terrorism was opened for signature. Upon its entry into force, it will require States Parties to enact legislation to criminalise these offences.

               (11)

               The IAEA pursues the same objectives as set out in Recitals (3) to (10). This is done through the implementation of its Nuclear Security Plan, which is financed entirely through voluntary contributions to the IAEA Nuclear Security Fund.

               (12)

               On 12-13 April 2010, the Union participated in the Nuclear Security Summit, convened by the President of the United States of America, and committed to further enhancing its efforts aimed at strengthening nuclear security and to assist third countries in this regard.

               (13)

               In order to help address the specific challenges in the field of nuclear security and non-proliferation in Asian countries, due in particular to the growing number of nuclear applications in the region, inter alia in the field of medicine, agriculture and water, as well as nuclear research, this Decision should specifically support IAEA activities in South East Asia. This should take into account the increasing role of Asia as a partner to the Union in the field of security. Particular emphasis should be given to the strengthening of nuclear safety and security in non-energy nuclear applications in eligible countries,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   For the purposes of giving immediate and practical implementation to certain elements of the EU Strategy against Proliferation of Weapons of Mass Destruction (‘the Strategy’), the Union shall support the IAEA’s activities in the areas of nuclear security and verification in order to further the following objectives:

               (a)

               to achieve progress towards the universalisation of international non-proliferation and nuclear security instruments, including comprehensive safeguards agreements and the Additional Protocol;

               (b)

               to enhance the protection of proliferation-sensitive materials and equipment and the relevant technology, providing legislative and regulatory assistance in the area of nuclear security and safeguards;

               (c)

               to strengthen the detection of and response to illicit trafficking in nuclear and other radioactive materials.

         2.   The projects of the IAEA, corresponding to measures of the Strategy, are the projects which aim at:

               (a)

               strengthening national legislative and regulatory infrastructures for the implementation of relevant international instruments in the areas of nuclear security and verification, including comprehensive safeguards agreements and the Additional Protocol;

               (b)

               assisting States in strengthening the security and control of nuclear and other radio-active materials;

               (c)

               strengthening States’ capabilities for the detection of and response to illicit trafficking in nuclear and other radioactive materials.

         Those projects shall be carried out in countries needing assistance in those areas after an initial assessment carried out by an expert team.
   A detailed description of the projects is set out in the Annex.
   Article 2
   1.   The High Representative of the Union for Foreign Affairs and Security Policy (the ‘HR’) shall be responsible for the implementation of this Decision.
   2.   The projects referred to in Article 1(2) shall be carried out by the IAEA as implementing entity. It shall perform this task under the control of the HR. For this purpose, the HR shall enter into the necessary arrangements with the IAEA.
   Article 3
   1.   The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 9 966 000, to be funded from the general budget of the Union.
   2.   The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The Commission shall supervise the proper management of the expenditure referred to in paragraph 1, which shall take the form of a grant. For this purpose, it shall conclude a financing agreement with the IAEA. The financing agreement shall stipulate that the IAEA is to ensure visibility of the Union’s contribution, appropriate to its size.
   4.   The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.
   Article 4
   The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the IAEA. These reports shall form the basis for the evaluation by the Council. The Commission shall provide information on the financial aspects of the implementation of the projects referred to in Article 1(2).
   Article 5
   This Decision shall enter into force on the day of its adoption.
   It shall expire 24 months after the date of the conclusion of the financing agreement between the Commission and the IAEA or 12 months after the date of its adoption if no financing agreement has been concluded before that date.

      Done at Brussels, 27 September 2010.

            For the Council

            The President

         K. PEETERS

      (1)  OJ L 302, 20.11.2003, p. 34.

      (2)  OJ L 182, 19.5.2004, p. 46.

      (3)  OJ L 193, 23.7.2005, p. 44.

      (4)  OJ L 165, 17.6.2006, p. 20.

      (5)  OJ L 107, 17.4.2008, p. 62.

      ANNEX

         European Union support for IAEA activities in the areas of nuclear security and verification in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction

      1.   Introduction

      The number of terrorist incidents in Member States of the Union and elsewhere over recent years has shown no sign of diminishing. The international community has recognised in various forums that the risk of successful acts of nuclear terrorism involving nuclear or other radioactive material remains high. In addition, recent reports of illicit trafficking, including those involving particularly sensitive nuclear material, have underscored the continuing risk that terrorists could acquire such materials.
      The international community has reacted strongly to these threats and has taken several initiatives aimed at preventing nuclear or other radioactive material form falling into the hands of terrorists.
      IAEA verification remains an indispensable tool for building confidence among States with regard to nuclear non-proliferation undertakings, and for advancing the peaceful use of nuclear material.
      Recent international developments have resulted in a new and strengthened set of international legal instruments that are relevant for nuclear security and verification:

                  —

                  In July 2005, States Parties adopted the Amendment to the Convention on the Physical Protection of Nuclear Material.

                  —

                  The International Convention for the Suppression of Acts of Nuclear Terrorism was opened for signature in September 2005.

                  —

                  In April 2004, the UN Security Council adopted Resolution 1540(2004), dealing with weapons of mass destruction and non-State actors.

                  —

                  UN Security Council Resolution 1373(2001) calls for all States to become parties as soon as possible to the relevant international conventions and protocols relating to terrorism.

            Over 95 States have made a political commitment to implement the Code of Conduct on the Safety and Security of Radioactive Sources (1). In addition, the General Conferences and the Board of Governors of the IAEA have adopted several resolutions and decisions to strengthen the IAEA safeguards system (2).
      States’ implementation of these international instruments may be significantly facilitated, in part, by assistance provided through the IAEA Nuclear Security Plans (NSP) for 2003-2005 and 2006-2009. In September 2009 the IAEA NSP for 2010-2013 was adopted, which reflects a strong continuation of the former plans. The objective of this NSP is to contribute to global efforts to achieve worldwide, effective security wherever nuclear or other radioactive material is in use, storage and/or transport, and of associated facilities, by supporting States, upon request, in their efforts to establish and maintain effective nuclear security through assistance in capacity building, guidance, human resource development, sustainability and risk reduction. The objective is also to assist adherence to and implementation of nuclear security related international legal instruments, and to strengthen the international cooperation and coordination of assistance given through bilateral programmes and other international initiatives in a manner which also would contribute to enabling the safe, secure and peaceful use of nuclear energy and of such applications with radioactive substances.
      The IAEA NSP pursues similar objectives to some elements of the EU Strategy against Proliferation of Weapons of Mass Destruction. These provide a comprehensive approach to nuclear security including the regulatory controls, accountability and protection of nuclear and other radioactive materials in use, storage and transport, ‘from cradle to grave’, in the short term as well as in the long term. However, should the protection fail, backup measures must be established to detect theft or attempts to smuggle the material across international borders and to respond to malicious acts involving nuclear or other radioactive materials, should they occur.
      The IAEA completed successfully the implementation of Joint Actions 2004/495/CFSP and 2005/574/CFSP. In addition, the IAEA is in the final stage of implementing Joint Action 2006/418/CFSP, and it is implementing Joint Action 2008/314/CFSP.
      With the associated Union’s contributions, the IAEA has indicated and implemented activities to support the efforts of recipient States in the Caucasus, Central Asia, South-Eastern Europe, the Mediterranean region in the Middle East, Africa and in the South East Asia region to strengthen nuclear security and the implementation of international safeguards in these countries.
      2.   Description of the projects

      All States have responsibilities to establish appropriate systems to prevent, detect and respond to malicious acts involving nuclear or other radioactive material. Not doing so may create a weak link in global nuclear security.
      An effective nuclear security infrastructure requires a multidisciplinary approach with:

                  —

                  legal and regulatory infrastructures with clearly defined responsibilities among different organisations and operators,

                  —

                  human resource development,

                  —

                  the establishment of procedures and coordination functions, and

                  —

                  technical support for national infrastructures, recognising that nuclear security arrangements within nuclear facilities/locations are different from those to be applied outside such facilities/locations to protect civil society from nuclear security events involving radioactive substances.

            A sustainable nuclear security culture is needed in the management of activities involving nuclear or other radioactive material. As a result, nuclear security would be an enabling factor in the broader use of nuclear energy recognising the synergies between safety, security and safeguards recognising especially the principles of sustainability and efficiency.
      This Decision will be implemented in the following five areas:

                  1.

                  Sustainability and Effectiveness of Support provided through earlier Joint Actions (3)

                  2.

                  Strengthening of States’ nuclear security support infrastructure: establishing National nuclear security support centres

                  3.

                  Strengthening States’ legislative and regulatory infrastructure

                  4.

                  Strengthening nuclear security measures for nuclear and other radioactive materials

                  5.

                  Strengthening of States’ capabilities for deal with nuclear and radioactive materials out of regulatory control.

            The selection of States and projects to be implemented will be made on the basis of a comprehensive evaluation of needs, based on results of evaluation missions and other available information.
      Support for these efforts continues to be in high demand in IAEA Member States as well as in States that are not members of the IAEA. Countries eligible to receive support are:

                  —

                  in South-Eastern Europe:
                  Albania, Bosnia and Herzegovina, Croatia, Montenegro, the Republic of Moldova, Serbia, the former Yugoslav Republic of Macedonia and Turkey,

                  —

                  in the Central Asia region:
                  Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan and Turkmenistan,

                  —

                  in the Caucasus region:
                  Armenia, Azerbaijan and Georgia,

                  —

                  in the Mediterranean region in the Middle East:
                  Israel, Jordan, Lebanon, and the Syrian Arab Republic,

                  —

                  in Africa:
                  Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, the Central African Republic, Chad, Comoros, Congo (Brazzaville), Cote d’Ivoire, the Democratic Republic of the Congo, Djibouti, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libyan Arab Jamahiriya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome & Principe, Senegal, Seychelles, Sierra Leone, Somalia, South Africa, Sudan, Swaziland, Togo, Tunisia, Uganda, the United Republic of Tanzania, Zambia and Zimbabwe,

                  —

                  in the South East Asia region:
                  Bangladesh, Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam,

                  —

                  in the Gulf region:
                  Bahrain, Iran, Iraq, Kuwait, Sultanate of Oman, Qatar, Saudi Arabia, the United Arab Emirates and Yemen,

                  —

                  in the South America region:
                  Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay and Venezuela,

                  —

                  in the Caribbean and Middle America region:
                  Antigua and Barbuda, Bahamas, Barbados, Belize, Costa Rica, Cuba, Dominica, the Dominican Republic, El Salvador, Grenada, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines and Trinidad and Tobago.

            2.1.   Evaluation of Needs for Support

      Purpose
      A comprehensive evaluation will be carried out by the IAEA to identify needs to strengthen measures that contribute to the effectiveness of nuclear security in the above listed States. The evaluation will be performed against the international nuclear security framework, including binding and non-binding international legal instruments and related IAEA guidance. Where States have been considered for support under previous Joint Actions and other Union’s contributions, the evaluation carried out earlier will be updated.
      The evaluation will cover, as appropriate, the overall national nuclear security system, including the legal and regulatory system, physical protection and accounting or registry of materials and security measures implemented at facilities, locations or transports. Arrangements made to establish effective border control and other arrangements to deal with nuclear and radioactive material out of regulatory control will be included in the evaluation. The results of the overall evaluation will be used as the basis for selecting States in which projects will be implemented.
      Results:

                  —

                  overview of the evaluation of needs for nuclear security support in beneficiary countries, both at the level of the State and at individual facilities, locations, transports or other applications in which nuclear and radioactive material are used or stored,

                  —

                  identification of countries and projects which have been assigned a high priority to receive support within this Decision,

                  —

                  evaluation, in countries which have previously received support through Joint Actions and other Union’s contributions, of the sustainability and effectiveness of the provided support.

            2.2.   Implementation of Prioritised Projects

         Area 1:   Sustainability and Effectiveness of Support provided through Joint Actions

      Purpose:

                  —

                  Through the Joint Actions (4) a total of 52 States have received support to strengthen various measures in their nuclear security systems. Through these Actions, staff in those States have received training, equipment has been provided to improve physical protection and to enable radiation monitoring at border crossing points and vulnerable radioactive sources have been brought into safe and secure storage or alternatively brought back to the county of origin or the supplier. Resources were limited and may not have been sufficient to establish the associated, and necessary, quality control systems or other complementary measures that would be required to achieve full effectiveness; and in addition

                  —

                  to verify the sustainability and effectiveness of support provided so far under Joint Actions and provide additional support, as required, achieving the required effectiveness,

            Results:

                  —

                  a methodology, including a set of criteria, to evaluate the sustainability and effectiveness of earlier support,

                  —

                  the provision, in countries having received nuclear security support, of a quality assurance system, including its testing and pilot implementation,

                  —

                  identification of further assistance that would be required to maintain or ensure the nuclear security result that was intended,

                  —

                  a sustained functioning equipment and competent staff, through further assistance to establish a local capability to maintain equipment, repair malfunctioning equipment or replace damaged components,

                  —

                  states have reliable access to competent staff through the training of relevant staff,

         Area 2:   Strengthening of States’ nuclear security support infrastructure: establishing national nuclear security support centers

      Purpose:

                  —

                  to assist States in ensuring the availability of the technical and scientific support, as well as the human resource development, that is necessary for effective, sustainable nuclear security,

                  —

                  to identify the technical, scientific and educational support that could be provided for States in a region or sub-region,

                  —

                  to identify existing national capabilities within States that can help contribute to the provision of technical, scientific or educational support required for State’s Nuclear Security Systems,

            Results:

                  —

                  Regional and/or national nuclear security support centres (NSSCs), established in accordance with the NSSC concept and methodology (IAEA Nuclear Security Series). The results obtained will include:

                              —

                              coordination between national organisations that have responsibilities for national nuclear security,

                              —

                              expert advice to estimate the nature and volume of technical or scientific support required to maintain physical protection, accounting or registry of materials and technical systems used at borders to monitor movement of nuclear and radioactive materials,

                              —

                              expert advice to estimate the volume of training and higher level education required, at both the national level and for the region,

                  —

                  the provision of equipment and expert services to establish a national or regional NSSC,

                  —

                  sustained national nuclear security systems, fostering an appropriate nuclear security culture, with enhanced national cooperation and collaboration among the competent authorities and other organisations responsible for nuclear security and a well developed nuclear security knowledge network.

         Area 3:   Strengthening States’ legislative and regulatory infrastructure

      Purpose:

                  —

                  to strengthen the national legislative and regulatory infrastructures related to nuclear and other radioactive material to enable the country to fulfill obligations undertaken in binding and non-binding international legal instruments, including safeguards agreements and Additional Protocols,

                  —

                  to strengthen national legislative frameworks for the implementation of safeguards agreements and Additional Protocols concluded between States and the IAEA, in particular regarding the implementation of a comprehensive State system of accounting for and control of nuclear material (SSAC),

                  —

                  to strengthen the national regulatory infrastructure for radiation safety and security of radioactive materials,

            The regulatory system should pay particular attention to the synergies between security, safeguards and safety. Special attention should be given to States which have expressed an interest in launching a nuclear power programme.
      Results:

                  —

                  an increased number of States have embarked on the development and adoption of comprehensive and coherent legislation at the national level, covering nuclear safety, security, safeguards and liability for nuclear damage thereby contributing to a harmonised, strengthened and more universal system of nuclear security and safety,

                  —

                  an increased number of States have adhered to the CPPNM and the amendment thereof and to the International Convention for the Suppression of Acts of Nuclear Terrorism and/or declared their intention to implement the nuclear security framework,

                  —

                  an increased number of States have adopted national legislation necessary to enable the State to comply with its obligations under IAEA safeguards agreements and Additional Protocols,

                  —

                  the strengthened legislative and regulatory infrastructure will be obtained through expert advice, establishment/upgrading of the national regulatory infrastructure for radiation safety and security of radioactive material through the provision of IAEA appraisal services e.g. the Integrated Regulatory Review Service, other advisory services as well as equipment and training.

         Area 4:   Strengthening nuclear security measures for nuclear and other radioactive materials

      Purpose:

                  —

                  to strengthen the physical protection of nuclear facilities and of nuclear materials in nuclear applications in the selected countries,

                  —

                  to strengthen the control and physical protection of radioactive materials in non-nuclear applications in the selected countries,

                  —

                  to locate and identify radioactive sources in circumstances which indicate a need to condition the sources and bring them to a safe and secure storage in the selected countries, including repatriation to the country of origin or return to the supplier,

                  —

                  to strengthen technical and administrative systems implemented for accounting and control of nuclear materials, including the strengthening of existing SSACs, established for the implementation of safeguards agreements and Additional Protocols, including in States with limited nuclear programmes, and reduced reporting obligations according to so called ‘small quantities protocols’ to their safeguards agreements,

                  —

                  to strengthen national registries of radioactive substances, materials and sources in the selected countries,

            Results:

                  —

                  more effective physical protection of nuclear materials at selected nuclear facilities and locations and of radioactive sources in non-nuclear applications (e.g. medical or industrial use, or radioactive waste),

                  —

                  a reduced risk from radioactive sources in vulnerable circumstances through more effective physical protection or, as appropriate, dismantling and transport to a safe and secure storage in the country or in other selected States,

                  —

                  a reduced number of radioactive sources in uncontrolled and unprotected circumstances through the support of national search and secure campaigns in selected countries,

                  —

                  the establishment and maintenance of effective technical and administrative systems to account for and control nuclear materials, including through establishing new and/or strengthening existing SSACs capable of implementing safeguards agreements and additional protocols, including in States with ‘small quantities protocols’,

                  —

                  training provided to selected staff eligible to receive support, to increase the like hood of implementing and sustaining an effective physical protection regime,

         Area 5:   Strengthening of States’ capabilities for dealing with nuclear and radioactive materials out of national regulatory control

      Purpose:

                  —

                  to strengthen the States’ capacities to ensure that nuclear and radioactive materials are not circulating outside national licensed activities and that arrangements are made for effective border control and response preparedness in the selected countries.

            Results:

                  —

                  enhanced system(s) for collection and evaluation of information on illicit nuclear trafficking, from open sources and from States’ Points of Contact, which will result in improved knowledge about, and circumstances surrounding, illicit nuclear trafficking. Feed-back of this information will facilitate the prioritisation of future activities to combat illicit trafficking,

                  —

                  national frameworks, established through expert assistance, to combat illicit trafficking and to improve the national coordination and control of cross-border movements of radioactive materials, sensitive nuclear equipment and technology,

                  —

                  effective radiation monitoring capabilities at selected border crossing points, obtained through the provision of border monitoring equipment and expert advice to selected border crossings,

                  —

                  enhanced development of national response plans and provision of training to law-enforcement staff on the response methodology,

                  —

                  well trained, knowledgeable and competent law enforcement staff in countries, facilitated through the provision of training and other human development support,

            2.3.   Evaluation of Results

      As part of the completion of this Decision, evaluation of the results obtained are to be carried out by the IAEA to ensure effectiveness of support and to identify any difficulties in their provision.
      3.   Duration

      The evaluation will be performed within a period of three months after the entry into force of the contribution agreement between the Commission and the IAEA. The three projects will be performed in parallel during the 21 subsequent months.
      The total estimated duration for the implementation of this Decision is 24 months.
      4.   Beneficiaries

      The beneficiaries are the countries where the assessment and the subsequent projects will be implemented. Their authorities will be helped to understand where there are weak points and receive support to bring solutions and increase security. The final choice of the beneficiaries and the needs to be addressed in the selected countries shall be made in consultation between the implementing entity and the HR in close consultation with Member States in the framework of the competent Council working group. These decisions shall be based, where appropriate, on proposals made by the implementing entity in accordance with Article 2.
      5.   Implementing Entity

      The IAEA will be entrusted with the implementation of the projects. The international nuclear security missions will be performed following the standard mode of operation for missions of the IAEA, which will be carried out by IAEA and Member States’ experts. The implementation of the three projects will be done directly by the IAEA staff and/or by selected experts or contractors from IAEA Member States. In the case of contractors, the procurement of any goods, works or services by the IAEA in the context of this Decision shall be carried out in accordance with the applicable rules and procedures of the IAEA.
      6.   Third Party Participants

      The projects will be financed 100 % by this Decision. Experts from IAEA Member States may be considered as third party participants. They will work under the standard rules of operation for IAEA experts.

         (1)  GOV/2003/49-GC(47)/9. Also the document: ‘Measures to Strengthen International Cooperation in Nuclear, Radiation, Transport Safety and Waste Management: Promoting Effective and Sustainable National Regulatory Infrastructure for the Control of Radiation Sources’ (GOV/2004/52-GC(48)/15 includes parts that are relevant to the IAEA-EU cooperation under the EU Strategy against Proliferation of Weapons of Mass Destruction. These activities are also reflected in ‘Activities Supporting Nuclear Security’ in the IAEA Nuclear Security Plan for 2006-2009.

         (2)  In September 2005, the Board of Governors of the IAEA decided that in order to strengthen the safeguards system, the so-called ‘small quantities protocol’ (SQP) to NPT safeguards agreements should remain part of the IAEA safeguard system, subject to modifications in the standard text and the change in the SQP criteria; in 2005 IAEA General Conference adopted a resolution in which it noted, inter alia, that, in the case of a State with a comprehensive safeguards agreement supplemented by an additional protocol in force, these measures represent the enhanced verification standard of that State.

         (3)  CFSP/2004/022/IAEA I, CFSP/2005/020/IAEA II, CFSP/2006/029/IAEA III and CFSP/2008/020/IAEA IV.

         (4)  CFSP/2004/022/IAEA I, CFSP/2005/020/IAEA II, CFSP/2006/029/IAEA III and CFSP/2008/020/IAEA IV.


Avis juridique important

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32001D0852

2001/852/EC: Commission Decision of 19 November 2001 on adopting Community import decisions pursuant to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals and amending Decision 2000/657/EC (Text with EEA relevance) (notified under document number C(2001) 3376)

Official Journal L 318 , 04/12/2001 P. 0028 - 0045

Commission Decisionof 19 November 2001on adopting Community import decisions pursuant to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals and amending Decision 2000/657/EC(notified under document number C(2001) 3376)(Text with EEA relevance)(2001/852/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 2455/92 of 23 July 1992 concerning the export and import of certain dangerous chemicals(1), as last amended by Commission Regulation (EC) No 2247/98(2), and in particular Article 5(2) thereof,Whereas:(1) Regulation (EEC) No 2455/92 provides that the Commission is to decide for each chemical subject to the Prior Informed Consent (PIC) procedure whether or not the Community consents, possibly subject to specified conditions, to its import.(2) The United Nations Environment Programme (UNEP) and the Food and Agriculture Organisation (FAO) have been appointed to provide secretariat services for the operation of the interim PIC procedure established by the Final Act of the Conference of Plenipotentiaries on the Rotterdam Convention on the Prior Informed Consent (PIC) procedure for certain hazardous chemicals and pesticides in international trade, signed on 10 September 1998, in particular the Resolution on interim arrangements thereof.(3) Two additional chemicals (ethylene dichloride and ethylene oxide) have been added to the interim PIC procedure, as pesticides, for which the Commission has received information from the interim Secretariat in the form of Decision Guidance Documents.(4) The Commission, acting as common designated authority, is required to forward decisions on chemicals to the Secretariat of the interim PIC procedure, on behalf of the Community and its Member States.(5) The interim Secretariat has requested that the participants in the PIC procedure use the specific Form for Importing Country Response to report on their import decisions.(6) The Commission is required, whenever practicable, to make use of existing Community procedures and to ensure that the responses do not conflict with existing Community legislation. However it also needs, where appropriate, to take into consideration Member States' bans or severe restrictions pending a Community decision.(7) The substances ethylene dichloride and ethylene oxide are banned or severely restricted at Community level, in particular by Council Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances(3), as last amended by the Act of Accession of Austria, Finland and Sweden. Accordingly, a final decision on import should be taken for these substances.(8) The substances lindane and parathion (ethyl parathion) are subject to Community legislation, and in particular to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market(4), as last amended by Commission Directive 2001/49/EC(5), and to Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market(6), both providing for a transitional period during which the Member States are allowed to take national decisions on substances and products falling within their scopes, pending a Community decision.(9) By Commission Decisions 2000/801/EC of 20 December 2000 concerning the non-inclusion of lindane in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing this active substance(7) and 2001/520/EC of 9 July 2001 concerning the non-inclusion of parathion in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing this active substance(8), these substances have now been excluded from Annex I to Directive 91/414/EC and authorisations for plant protection products containing these substances have thus been withdrawn. However, they are also included in the Community programme for evaluation of existing substances under Directive 98/8/EC and the approximate time before a final decision can be reached is 2008, when evaluation for biocidal use will be completed.(10) The import decisions for the pesticide formulations lindane and parathion (ethyl parathion) in Commission Decision 2000/657/EC(9), which were submitted as interim decisions pending a Community decision, should therefore be amended accordingly.(11) The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 29 of Council Directive 67/548/EEC(10),HAS DECIDED AS FOLLOWS:Article 1The final decisions on the import of the chemical substances ethylene dichloride and ethylene oxide as set out on the Importing Country Response Forms in Annex I are adopted.Article 2The Annex to Decision 2000/657/EC is amended in accordance with Annex II to this Decision.Done at Brussels, 19 November 2001.For the CommissionMargot WallströmMember of the Commission(1) OJ L 251, 29.8.1992, p. 13.(2) OJ L 282, 20.10.1998, p. 12.(3) OJ L 33, 8.2.1979, p. 36.(4) OJ L 230, 19.8.1991, p. 1.(5) OJ L 176, 29.6.2001, p. 61.(6) OJ L 123, 24.4.1998, p. 1.(7) OJ L 324, 21.12.2000, p. 42.(8) OJ L 187, 10.7.2001, p. 47.(9) OJ L 257, 27.10.2000, p. 44.(10) OJ 196, 16.8.1967, p. 1.ANNEX IFinal import decisions for the chemical substances ethylene dichloride and ethylene oxide>PIC FILE= "L_2001318EN.003101.TIF">>PIC FILE= "L_2001318EN.003201.TIF">>PIC FILE= "L_2001318EN.003301.TIF">>PIC FILE= "L_2001318EN.003501.TIF">>PIC FILE= "L_2001318EN.003601.TIF">>PIC FILE= "L_2001318EN.003701.TIF">ANNEX IIRevised interim import decisions for the chemical substances lindane and parathion (ethyl parathion) replacing the previous interim import decisions set out in Commission Decision 2000/657/EECIn the Annex to Decision 2000/657/EC, the interim decisions on the import of the chemical substances lindane and parathion (ethyl parathion) are replaced by the revised interim decisions set out on the following Importing Country Response Forms.>PIC FILE= "L_2001318EN.003901.TIF">>PIC FILE= "L_2001318EN.004001.TIF">>PIC FILE= "L_2001318EN.004101.TIF">>PIC FILE= "L_2001318EN.004301.TIF">>PIC FILE= "L_2001318EN.004401.TIF">>PIC FILE= "L_2001318EN.004501.TIF">