title: 2009/392/EC: Council Decision of 27 November 2008 on the conclusion, on behalf of the European Community and its Member States, of a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons regarding the participation, as contracting parties of the Republic of Bulgaria and Romania pursuant to their accession to the European Union

text:
               20.5.2009

               EN

               Official Journal of the European Union

               L 124/51

         COUNCIL DECISION
   of 27 November 2008
   on the conclusion, on behalf of the European Community and its Member States, of a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons regarding the participation, as contracting parties of the Republic of Bulgaria and Romania pursuant to their accession to the European Union
   (2009/392/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 310, in conjunction with the second sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof,
   Having regard to the Act of Accession annexed to the Treaty of Accession and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the assent of the European Parliament,
   Whereas:

               (1)

               Following the authorisation given to the Commission on 5 May 2006, negotiations with the Swiss Confederation for a the Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of Persons, regarding the participation, as contracting parties, of the Republic of Bulgaria and Romania, pursuant to their accession to the European Union have been concluded.

               (2)

               According to the Council Decision of 26 May 2008, and pending its final conclusion at a later date, this Protocol has been signed on behalf of the European Community and its Member States on 27 May 2008.

               (3)

               The Protocol should be concluded,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation, as contracting parties, of the Republic of Bulgaria and Romania, pursuant to their accession to the European Union, is hereby approved on behalf of the European Community and its Member States.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council shall, on behalf of the Community and its Member States, transmit the notification of approval in the terms provided for in Article 6 of the Protocol.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 27 November 2008.

            For the Council

            The President

         L. CHATEL

    ---documentbreak---

               20.5.2009

               EN

               Official Journal of the European Union

               L 124/53

         PROTOCOL
   to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation, as contracting parties of the Republic of Bulgaria and Romania pursuant to their accession to the European Union
   THE EUROPEAN COMMUNITY,
   represented by the Council of the European Union, and
   THE KINGDOM OF BELGIUM,
   THE REPUBLIC OF BULGARIA,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   IRELAND,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   ROMANIA,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   hereinafter referred to as ‘the Member States’, also represented by the Council of the European Union,
   of the one part, and
   THE SWISS CONFEDERATION, hereinafter referred to as ‘Switzerland’,
   of the other part,
   hereinafter referred to as ‘the Contracting Parties’,
   HAVING REGARD to the Agreement of 21 June 1999 between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (hereinafter referred to as the Agreement), which entered into force on 1 June 2002,
   HAVING REGARD to the Protocol of 26 October 2004 to the Agreement of 21 June 1999 between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons regarding the participation, as contracting parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic pursuant to their accession to the European Union (hereinafter referred to as the Protocol of 2004), which entered into force on 1 April 2006,
   HAVING REGARD to the accession of the Republic of Bulgaria and Romania (hereinafter referred to as the new Member States) to the European Union on 1 January 2007,
   WHEREAS the new Member States are to become Contracting Parties to the Agreement,
   CONSIDERING that the Act of Accession grants the Council of the European Union the power to conclude on behalf of the Member States of the European Union a protocol on the accession of the new Member States to the Agreement,
   HAVE AGREED AS FOLLOWS:
   Article 1
   1.   The new Member States hereby become Contracting Parties to the Agreement.
   2.   From the entry into force of this Protocol, the provisions of the Agreement shall be binding on the new Member States as on the present Contracting Parties to the Agreement under the terms and conditions laid down in this Protocol.
   Article 2
   In the main body of the Agreement and in Annex I thereto the following adaptations shall be made:

               1.

               the list of Contracting Parties to the Agreement shall be replaced by the following:
               ‘THE EUROPEAN COMMUNITY,
               THE KINGDOM OF BELGIUM,
               THE REPUBLIC OF BULGARIA,
               THE CZECH REPUBLIC,
               THE KINGDOM OF DENMARK,
               THE FEDERAL REPUBLIC OF GERMANY,
               THE REPUBLIC OF ESTONIA,
               IRELAND,
               THE HELLENIC REPUBLIC,
               THE KINGDOM OF SPAIN,
               THE FRENCH REPUBLIC,
               THE ITALIAN REPUBLIC,
               THE REPUBLIC OF CYPRUS,
               THE REPUBLIC OF LATVIA,
               THE REPUBLIC OF LITHUANIA,
               THE GRAND DUCHY OF LUXEMBOURG,
               THE REPUBLIC OF HUNGARY,
               MALTA,
               THE KINGDOM OF THE NETHERLANDS,
               THE REPUBLIC OF AUSTRIA,
               THE REPUBLIC OF POLAND,
               THE PORTUGUESE REPUBLIC,
               ROMANIA,
               THE REPUBLIC OF SLOVENIA,
               THE SLOVAK REPUBLIC,
               THE REPUBLIC OF FINLAND,
               THE KINGDOM OF SWEDEN,
               THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
               of the one part, and
               THE SWISS CONFEDERATION,
               of the other part,’;

               2.

               Article 10 of the Agreement shall be amended as follows:

                           (a)

                           the following paragraph shall be inserted after paragraph 1a:
                           ‘1b.   Switzerland may maintain until two years after the entry into force of the Protocol to this Agreement regarding the participation, as Contracting Parties, of the Republic of Bulgaria and Romania quantitative limits in respect of access by workers employed in Switzerland and for self-employed persons who are nationals of the Republic of Bulgaria and Romania for the following two categories of residence: residence for a period of more than four months and less than one year and residence for a period equal to, or exceeding, one year. There shall be no quantitative restriction on residence for less than four months.
                           Before the end of the transitional period mentioned above, the Joint Committee shall review the functioning of the transitional period applied to nationals of the new Member States on the basis of a report from Switzerland. Upon completion of the review, and no later than at the end of the period mentioned above, Switzerland shall notify the Joint Committee whether it will continue applying quantitative limits to workers employed in Switzerland. Switzerland may continue to apply such measures until five years after the entry into force of the aforementioned Protocol. In the absence of such notification, the transitional period shall expire at the end of the two-year period specified in the first subparagraph.
                           At the end of the transitional period defined in this paragraph, all quantitative limits applicable to nationals of the Republic of Bulgaria and Romania shall be abolished. These Member States are entitled to introduce the same quantitative limitations for Swiss nationals for the same periods.’;

                           (b)

                           the following paragraph shall be inserted after paragraph 2a:
                           ‘2b.   Switzerland and the Republic of Bulgaria and Romania may maintain, until two years after the entry into force of the Protocol to this Agreement regarding the participation, as Contracting Parties, of the Republic of Bulgaria and Romania, for workers of one of these Contracting Parties employed in their own territory the controls on the priority of workers integrated into the regular labour market and wage and working conditions applicable to nationals of the other Contracting Party concerned. The same controls may be maintained for persons providing services, as referred to in Article 5(1) of this Agreement, in the following four sectors: Horticultural service activities; Construction, including related branches; Security activities; Industrial cleaning (NACE (1) codes 01.41; 45.1 to 4; 74.60; 74.70 respectively). Switzerland shall, during the transitional periods mentioned in paragraphs 1b, 2b, 3b and 4c, give preference to workers who are nationals of the new Member States over workers who are nationals of non-EU and non-EFTA countries as regards access to its labour market. The controls on the priority of workers integrated into the regular labour market shall not apply to providers of services liberalised by a specific agreement between the Contracting Parties concerning the provision of services (including the Agreement on certain aspects of government procurement in so far as it covers the provision of services). For the same period, qualification requirements may be maintained for residence permits of less than four months (2) and to persons providing services, as referred to in Article 5(1) of this Agreement, in the four sectors mentioned above.
                           Within two years of the entry into force of the Protocol to this Agreement regarding the participation, as Contracting Parties, of the Republic of Bulgaria and Romania, the Joint Committee shall review the functioning of the transitional measures contained in this paragraph on the basis of a report prepared by each of the Contracting Parties implementing them. Upon completion of the review, and no later than two years after the entry into force of the aforementioned Protocol, the Contracting Party which has implemented the transitional measures contained in this paragraph, and has notified the Joint Committee of its intention to continue applying such transitional measures, may continue to do so until five years after the entry into force of the aforementioned Protocol. In the absence of such notification, the transitional period will expire at the end of the two-year period specified in the first subparagraph.
                           At the end of the transitional period defined in this paragraph, all restrictions referred to above in this paragraph shall be abolished.

                           (c)

                           the following paragraph shall be inserted after paragraph 3a:
                           ‘3b.   Upon entry into force of the Protocol to this Agreement regarding the participation, as Contracting Parties, of the Republic of Bulgaria and Romania and until the end of the period described in paragraph 1b, Switzerland shall reserve on a yearly basis (pro rata temporis), within its overall quota for third countries, for workers employed in Switzerland and for self-employed persons who are nationals of these new Member States a minimum number of new residence permits (3) according to the following schedule:

                                       Period of time

                                       Number of permits for a period equal to or exceeding one year

                                       Number of permits for a period of more than four months and less than one year

                                       Until the end of the first year

                                       362

                                       3 620

                                       Until the end of the second year

                                       523

                                       4 987

                                       Until the end of the third year

                                       684

                                       6 355

                                       Until the end of the fourth year

                                       885

                                       7 722

                                       Until the end of the fifth year

                                       1 046

                                       9 090

                           (d)

                           the following paragraph shall be inserted after paragraph 4b:
                           ‘4c.   At the end of the period described in paragraph 1b and in this paragraph and up to 10 years after entry into force of the Protocol to this Agreement regarding the participation, as Contracting Parties, of the Republic of Bulgaria and Romania, the provisions of Article 10(4) of this Agreement shall apply to nationals of these new Member States.
                           In case of serious disturbances of its labour market or threat thereof, Switzerland and any of the new Member States which has implemented transitional measures shall notify such circumstances to the Joint Committee before the end of the five-year transitional period specified in paragraph 2b(2). In this case, the notifying country may continue to apply to workers employed on its own territory the measures described in paragraphs 1b, 2b and 3b until seven years after the entry into force of the aforementioned Protocol. In such a case, the annual number of residence permits referred to in paragraph 1b shall be:

                                       Period of time

                                       Number of permits for a period equal to or exceeding one year

                                       Number of permits for a period of more than four months and less than one year

                                       Until the end of the sixth year

                                       1 126

                                       10 457

                                       Until the end of the seventh year

                                       1 207

                                       11 664’

                           (e)

                           the following paragraph shall be inserted after paragraph 5a:
                           ‘5b.   The transitional provisions of paragraphs 1b, 2b, 3b and 4c, and in particular those of paragraph 2b concerning the priority of workers integrated into the regular labour market and controls on wage and working conditions, shall not apply to employed and self-employed persons who, at the time of the entry into force of the Protocol to this Agreement regarding the participation, as Contracting Parties, of the Republic of Bulgaria and Romania, are authorised to pursue an economic activity on the territory of the Contracting Parties. Such persons shall in particular enjoy occupational and geographical mobility.
                           The holders of residence permits valid for less than one year shall be entitled to have their permits renewed; the exhaustion of quantitative limits may not be invoked against them. The holders of residence permits valid for a period equal to, or exceeding, one year shall automatically be entitled to have their permits extended. Such employed and self-employed persons shall therefore enjoy the rights to free movement accorded to established persons in the basic provisions of this Agreement, and in particular Article 7 thereof, from the entry into force of the aforementioned Protocol.’;

               3.

               in Article 27(2) of Annex I to the Agreement, the reference to ‘Article 10(2, 2a, 4a and 4b)’ shall be replaced by the reference to ‘Article 10(2, 2a, 2b, 4a, 4b and 4c)’.

         Article 3
   By derogation from Article 25 of Annex I to the Agreement, the transitional periods in Annex 1 to this Protocol shall apply.
   Article 4
   1.   Annex II to the Agreement shall be amended in accordance with Annex 2 to this Protocol.
   2.   Annex III to the Agreement shall be adapted by decision of the Joint Committee established by Article 14 of the Agreement.
   Article 5
   1.   Annexes 1 and 2 to this Protocol shall form an integral part thereof.
   2.   This Protocol, together with the Protocol of 2004, shall form an integral part of the Agreement.
   Article 6
   1.   This Protocol shall be ratified or approved by the Council of the European Union, on behalf of the Member States and the European Community, and by Switzerland in accordance with their own procedures.
   2.   The Council of the European Union and Switzerland shall notify each other of the completion of these procedures.
   Article 7
   This Protocol shall enter into force on the first day of the first month following the date of the last notification of ratification or approval.
   Article 8
   This Protocol shall remain in force for the same duration and in accordance with the same arrangements as the Agreement.
   Article 9
   1.   This Protocol, as well as the Declarations annexed thereto, shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of those texts being equally authentic.
   2.   The Bulgarian and Romanian language versions of the Agreement, including all Annexes and Protocols thereto and the Final Act shall be equally authentic. The Joint Committee established by Article 14 of the Agreement shall approve the authentic texts of the Agreement in the new languages.

      Съставено в Брюксел, на двадесет и седми май две хиляди и осма година.
      Hecho en Bruselas, el veintisiete de mayo de dos mil ocho.
      V Bruselu dne dvacátého sedmého května dva tisíce osm.
      Udfærdiget i Bruxelles den syvogtyvende maj to tusind og otte.
      Geschehen zu Brüssel am siebenundzwanzigsten Mai zweitausendacht.
      Kahe tuhande kaheksanda aasta maikuu kahekümne seitsmendal päeval Brüsselis.
      Έγινε στις Βρυξέλλες, στις είκοσι εφτά Μαΐου δύο χιλιάδες οκτώ.
      Done at Brussels on the twenty-seventh day of May in the year two thousand and eight.
      Fait à Bruxelles, le vingt-sept mai deux mille huit.
      Fatto a Bruxelles, addì ventisette maggio duemilaotto.
      Briselē, divtūkstoš astotā gada divdesmit septītajā maijā.
      Priimta du tūkstančiai aštuntų metų gegužės dvidešimt septintą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-nyolcadik év május havának huszonhetedik napján.
      Magħmul fi Brussell, fis-sebgħa u għoxrin jum ta' Mejju tas-sena elfejn u tmienja.
      Gedaan te Brussel, de zevenentwintigste mei tweeduizend acht.
      Sporządzono w Brukseli, dnia dwudziestego siódmego maja roku dwa tysiące ósmego.
      Feito em Bruxelas, em vinte e sete de Maio de dois mil e oito.
      Întocmit la Bruxelles, douăzeci și șapte mai două mii opt.
      V Bruseli dňa dvadsiateho siedmeho mája dvetisícosem.
      V Bruslju, dne sedemindvajsetega maja leta dva tisoč osem.
      Tehty Brysselissä kahdentenakymmenentenäseitsemäntenä päivänä toukokuuta vuonna kaksituhattakahdeksan.
      Som skedde i Bryssel den tjugosjunde maj tjugohundraåtta.

         За държавите-членки
         Por los Estados miembros
         Za členské státy
         For medlemsstaterne
         Für die Mitgliedstaaten
         Liikmesriikide nimel
         Για τα κράτη μέλη
         For the Member States
         Pour les États membres
         Per gli Stati membri
         Dalībvalstu vārdā
         Valstybių narių vardu
         A tagállamok részéről
         Għall-Istati Membri
         Voor de lidstaten
         W imieniu państw członkowskich
         Pelos Estados-Membros
         Pentru statele membre
         Za členské štáty
         Za države članice
         Jäsenvaltioiden puolesta
         På medlemsstaternas vägnar

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

         Für die Schweizerische Eidgenossenschaft
         Pour la Confédération suisse
         Per la Confederazione svizzera

      (1)  NACE: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1). Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and the Council of 29 September 2003 (OJ L 284, 31.10.2003, p. 1).

      (2)  Workers may apply for short-term residence permits under the quotas mentioned in subparagraph 3b even for a period of less than four months.’;

      (3)  These permits will be granted in addition to the quotas mentioned in Article 10 of this Agreement which are reserved for employed and self-employed persons who are nationals of the Member States at the time of the signing of this Agreement (21 June 1999) and of the Member States that became Contracting Parties to this Agreement by the Protocol of 2004. These permits are also in addition to permits granted through existing bilateral trainee exchange agreements between Switzerland and the new Member States.’;
   ANNEX 1

      Transitional measures on the purchase of land and secondary residence

   1.   The Republic of Bulgaria
   The Republic of Bulgaria may maintain in force for five years from the date of entry into force of this Protocol the restrictions laid down in its legislation, existing at the time of the signing of this Protocol, on the acquisition of ownership of land for secondary residences by Swiss nationals non-resident in Bulgaria and by legal persons set up in accordance with the laws of Switzerland.
   Swiss nationals who are legally resident in Bulgaria shall not be subject to the provisions of the preceding subparagraph or to any rules and procedures other than those to which nationals of Bulgaria are subject.
   The Republic of Bulgaria may maintain in force for seven years from the date of entry into force of this Protocol the restrictions laid down in its legislation, existing at the time of the signing of this Protocol, on the acquisition of agricultural land, forests and forestry land by Swiss nationals and by legal persons set up in accordance with the laws of Switzerland. In no instance may a Swiss national be treated less favourably in respect of the acquisition of agricultural land, forests and forestry land than at the date of the signing of this Protocol or be treated in a more restrictive way than a national of a third country.
   Self-employed farmers who are Swiss nationals and who wish to establish themselves and reside in the Republic of Bulgaria shall not be subject to the provisions of the preceding subparagraph or to any procedures other than those to which nationals of the Republic of Bulgaria are subject.
   A general review of these transitional measures shall be held in the third year following the date of entry into force of this Protocol. The Joint Committee may decide to shorten or terminate the transitional period indicated in the first subparagraph.
   2.   Romania
   Romania may maintain in force for five years from the date of entry into force of this Protocol the restrictions laid down in its legislation, existing at the time of the signing of this Protocol, on the acquisition of ownership of land for secondary residences by Swiss nationals non-resident in Romania and by companies set up in accordance with the laws of Switzerland and being neither established nor having a branch or a representative agency in the territory of Romania.
   Swiss nationals who are legally resident in Romania shall not be subject to the provisions of the preceding subparagraph or to any rules and procedures other than those to which nationals of Romania are subject.
   Romania may maintain in force for seven years from the date of entry into force of this Protocol the restrictions laid down in its legislation, existing at the time of the signing of this Protocol, on the acquisition of agricultural land, forests and forestry land by Swiss nationals and by companies set up in accordance with the laws of Switzerland which are neither established nor registered in Romania. In no instance may a Swiss national be treated less favourably in respect of the acquisition of agricultural land, forests and forestry land than at the date of the signing of this Protocol or be treated in a more restrictive way than a national of a third country.
   Self-employed farmers who are Swiss nationals and who wish to establish themselves and reside in Romania shall not be subject to the provisions of the preceding subparagraph or to any procedures other than those to which nationals of Romania are subject.
   A general review of these transitional measures shall be held in the third year following the date of entry into force of this Protocol. The Joint Committee may decide to shorten or terminate the transitional period indicated in the first subparagraph.
   ANNEX 2
   Annex II to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons is hereby amended as follows:

               1.

               under the heading ‘For the purposes of this Agreement, the Regulation shall be adapted as follows:’, point 1 of Section A of Annex II to the Agreement shall be amended as follows:

                           (a)

                           under (i), concerning Annex III, Part A, the following shall be added after the last entry ‘Slovakia — Switzerland’:

                                       ‘Bulgaria — Switzerland
                                       None.

                                       Romania — Switzerland
                                       No convention.’;

                           (b)

                           under (j), concerning Annex III, Part B, the following shall be added after the last entry ‘Slovakia — Switzerland’:

                                       ‘Bulgaria — Switzerland
                                       None.

                                       Romania — Switzerland
                                       No convention.’;

               2.

               the following shall be inserted under the Title ‘Section A: Acts referred to’ under point 1 ‘Regulation (EEC) No 1408/71’ after ‘304 R 631: Regulation (EC) No 631/2004 …’:
               ‘Section 2 (Freedom of Movement of Persons — Social Security) of Council Regulation (EC) No 1791/2006 of 20 November 2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania, in so far as its provisions concern Community acts referred to in Annex II to this Agreement.’;

               3.

               the following shall be inserted under the Title ‘Section A: Acts referred to’ under point 2 ‘Regulation (EEC) No 574/72’ after ‘304 R 631: Regulation (EC) No 631/2004 …’:
               ‘Section 2 (Freedom of Movement of Persons — Social Security) of Council Regulation (EC) No 1791/2006 of 20 November 2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania, in so far as its provisions concern Community acts referred to in Annex II to this Agreement.’;

               4.

               the following shall be inserted under the Title ‘Section B: Acts of which the contracting parties shall take due account’ under the points ‘4.18. 383 D 0117: Decision No 117 …’, ‘4.27. 388 D 64: Decision No 136 …’, ‘4.37. 393 D 825: Decision No 150 …’, after ‘12003 TN 02/02 A: Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, …’, and under the point ‘4.77: Decision No 192 …’:
               ‘Section 2 (Freedom of Movement of Persons — Social Security) of Council Regulation (EC) No 1791/2006 of 20 November 2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania, in so far as its provisions concern Community acts referred to in Annex II to this Agreement.’;

               5.

               for workers who are nationals of the Republic of Bulgaria and Romania, the arrangements contained in paragraph 1 of the section Unemployment Insurance of the Protocol to Annex II shall apply until the end of the seventh year after the entry into force of this Protocol.

         JOINT DECLARATION ON THE ADAPTATION OF ANNEX III TO THE AGREEMENT
   The Contracting Parties declare that, with a view to ensuring the smooth implementation of the Agreement, Annex III thereto shall be adapted as soon as possible in order to integrate, among other things, Directive 2005/36/EC as amended by Directive 2006/100/EC and new Swiss entries.
   DECLARATION BY SWITZERLAND ON AUTONOMOUS MEASURES AS OF THE DATE OF SIGNING
   Switzerland will provide provisional access to its labour market for citizens of the new Member States, based on its national legislation, before the entry into force of the transitional arrangements contained in this Protocol. For this purpose, Switzerland will open specific quotas for short-term as well as long-term working permits, as defined in Article 10(1) of the Agreement, in favour of citizens from the new Member States, as of the date of the signing of this Protocol. The quotas will consist of 282 long-term permits and 1 006 short-term permits per year. In addition, 2 011 short-term workers per year will be admitted for a stay of less than four months.


title: 2009/195/EC: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section VIII — European Ombudsman

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/87

         DECISION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section VIII — European Ombudsman
   (2009/195/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2006 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2006 — Volume I (C6-0369/2007) (2),
   having regard to the European Ombudsman's annual report to the discharge authority on internal audits carried out in 2006,
   having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2006 and the Court of Auditors' special reports, together with the audited institutions' replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0092/2008),

               1.

               Grants the European Ombudsman discharge in respect of the implementation of its budget for the financial year 2006;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ L 78, 15.3.2006.

      (2)  OJ C 274, 15.11.2007, p. 1.

      (3)  OJ C 273, 15.11.2007, p. 1.

      (4)  OJ C 274, 15.11.2007, p. 130.

      (5)  OJ L 248, 16.9.2002, p. 1.
    ---documentbreak---

               31.3.2009

               EN

               Official Journal of the European Union

               L 88/88

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   with observations forming an integral part of the decision on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section VIII — European Ombudsman
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2006 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2006 — Volume I (C6-0369/2007) (2),
   having regard to the European Ombudsman's annual report to the discharge authority on internal audits carried out in 2006,
   having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2006 and the Court of Auditors' special reports, together with the audited institutions' replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0092/2008),

               1.

               Notes that in 2006 the European Ombudsman (the Ombudsman) had available commitment appropriations amounting to a total of EUR 7 682 538 (2005: EUR 7 224 554), with a utilisation rate of 88,13 %, below the average of the other institutions;

               2.

               Notes that the Ombudsman's 2006 financial statements disclose a negative economic outcome for the year (EUR 1 214 375) and identical totals of assets and liabilities (EUR 2 308 799);

               3.

               Notes that, over the period 2003 to 2006, commitment appropriations have steadily increased from EUR 4 438 653 to EUR 7 682 538 (+ 73 %) and posts from 31 to 57 units (+ 84 %), while complaints have increased from 2 436 to 3 830 (+ 57 %) and new inquiries opened from 253 to 258 (+ 2 %);

               4.

               Points out that the ECA indicated in its Annual Report that the audit did not give rise to any observations as regards the Ombudsman;

               5.

               Points out that the Ombudsman's Office took up full responsibility for its staff management as from January 2006; notes in this context that according to the Internal Auditor's report to the Institution No 06/04, the audit performed to assess the adequacy of management and control procedures for establishing the staff's individual entitlements ‘did not reveal areas of significant risk in the management and control procedures, but it did confirm that the Institution should address a number of specific issues’;

               6.

               Notes the information given by the Principal Authorising Officer by Delegation in the 2006 activity report to the effect that the self-assessment of the efficiency of the internal control framework of the Ombudsman's services was carried out again in early 2007 and that the global picture resulting from this exercise was that of an overall satisfactory level of implementation of the internal control standards (85 % against 76 % in 2004); further notes, however, that improvements in effectiveness were considered to be needed in some areas (identification of sensitive functions); encourages the Ombudsman to make all efforts to further improve the efficiency of the internal control framework of his institution;

               7.

               Notes with satisfaction that a new framework cooperation agreement of indefinite duration between the Ombudsman and the Parliament concerning the provision of certain administrative services, including buildings, IT, communications, legal advice, medical services, training, translation and interpretation, was negotiated during 2005, signed in March 2006 and entered into force on 1 April 2006; further notes that the Ombudsman considers the new agreement as fully satisfactory;

               8.

               Notes with satisfaction that the Ombudsman's first Secretary General was appointed on 1 August 2006;

               9.

               Sees with concern from the Ombudsman's annual report that his institution experienced recruitment difficulties in 2006, especially in relation to qualified lawyers, due to the two successive waves of enlargement (finalising recruitments from the Member States which joined in 2004 and preparing recruitments for 2007), to staff turnover and to the difficulty in attracting and retaining candidates in Strasbourg with temporary contracts; observes that the Ombudsman expects to face fewer difficulties in recruiting staff in the coming years;

               10.

               Welcomes the adoption by the Ombudsman on 14 December 2007 of a decision on the annual declaration of interests of the Ombudsman; notes with satisfaction that this declaration is published on the Ombudsman's website;

               11.

               Welcomes the Ombudsman's readiness to accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council and the Commission concerning internal investigations by the European Anti-Fraud Office (OLAF) (6) in applying the system set up by Regulation (EC) No 1073/1999 (7); notes with satisfaction that the Ombudsman invited OLAF, by a letter sent on 9 January 2008, to outline its views concerning the usefulness and modalities of a potential accession by the Ombudsman to that Agreement.

      (1)  OJ L 78, 15.3.2006.

      (2)  OJ C 274, 15.11.2007, p. 1.

      (3)  OJ C 273, 15.11.2007, p. 1.

      (4)  OJ C 274, 15.11.2007, p. 130.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  OJ L 136, 31.5.1999, p. 15.

      (7)  Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999, p. 1).


title: 2010/231/CFSP: Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP

text:
               27.4.2010

               EN

               Official Journal of the European Union

               L 105/17

         COUNCIL DECISION 2010/231/CFSP
   of 26 April 2010
   concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 10 December 2002, the Council adopted Common Position 2002/960/CFSP concerning restrictive measures against Somalia (1) following United Nations Security Council Resolutions (UNSCR) 733 (1992), 1356 (2001) and 1425 (2002) relating to an arms embargo against Somalia.

               (2)

               On 16 February 2009, the Council adopted Common Position 2009/138/CFSP concerning restrictive measures against Somalia and repealing Common Position 2002/960/CFSP (2), implementing UNSCR 1844 (2008) which introduced restrictive measures against those who seek to prevent or block a peaceful political process, or those who threaten the Transitional Federal Institutions (TFIs) of Somalia or the African Union Mission in Somalia (AMISOM) by force, or take action that undermines stability in Somalia or in the region.

               (3)

               On 1 March 2010, the Council adopted Council Decision 2010/126/CFSP amending Common Position 2009/138/CFSP (3) and implementing UNSCR 1907 (2009) which called upon all States to inspect, in accordance with their national authorities and legislation and consistent with international law, all cargoes to and from Somalia, in their territory, including seaports and airports, if the State concerned has information that provides reasonable grounds to believe that the cargo contains items whose supply, sale, transfer or export is prohibited under the general and complete arms embargo to Somalia established pursuant to paragraph 5 of UNSCR 733 (1992) and elaborated and amended by subsequent resolutions.

               (4)

               On 19 March 2010, the United Nations Security Council (hereinafter referred to as the ‘Security Council’) adopted UNSCR 1916 (2010) which, inter alia, extended the mandate of the monitoring group referred to in paragraph 3 of UNSCR 1558 (2004) and decided to ease some restrictions and obligations under the sanctions regime to enable the delivery of supplies and technical assistance by international, regional and sub-regional organisations and to ensure the timely delivery of urgently needed humanitarian assistance by the United Nations (UN).

               (5)

               On 12 April 2010, the Sanctions Committee established by paragraph 11 of UNSCR 751 (1992) concerning Somalia (hereinafter referred to as the ‘Sanctions Committee’) adopted the list of persons and entities which are subject to restrictive measures.

               (6)

               For the sake of clarity, the measures imposed by Common Position 2009/138/CFSP as amended by Council Decision 2010/126/CFSP and the exemptions provided for in UNSCR 1916 (2010) should be integrated into a single legal instrument.

               (7)

               Common Position 2009/138/CFSP should therefore be repealed.

               (8)

               This Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (4) and notably the right to an effective remedy and to a fair trial, the right to property and the right to the protection of personal data. This Decision should be applied in accordance with those rights and principles.

               (9)

               This Decision also fully respects the obligations of Member States under the Charter of the United Nations and the legally binding nature of Security Council Resolutions.

               (10)

               The procedure for amending the Annex to this Decision should include providing to designated persons and entities the reasons for their listing as transmitted by the Sanctions Committee, so as to give them an opportunity to present observations. Where observations are submitted or where substantial new evidence is presented, the Council should review its decision in the light of those observations and inform the person or entity concerned accordingly.

               (11)

               Further action by the Union is needed in order to implement certain measures,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The direct or indirect supply, sale or transfer of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned to Somalia by nationals of Member States or from the territories of Member States shall be prohibited whether originating or not in their territories.
   2.   The direct or indirect supply to Somalia of technical advice, financial and other assistance and training related to military activities, including in particular technical training and assistance related to the provision, manufacture, maintenance or use of the items mentioned in paragraph 1, by nationals of Member States or from the territories of the Member States, shall be prohibited.
   3.   Paragraphs 1 and 2 shall not apply to:

               (a)

               the supply, sale or transfer of arms and related material of all types and the direct or indirect supply of technical advice, financial and other assistance and training related to military activities intended solely for the support of or use by AMISOM as stipulated in paragraph 4 of UNSCR 1744 (2007) or for the sole use of States and regional organisations undertaking measures in accordance with paragraph 6 of UNSCR 1851 (2008) and paragraph 10 of UNSCR 1846 (2008);

               (b)

               the supply, sale or transfer of arms and related material of all types and to the direct or indirect supply of technical advice intended solely for the purpose of helping to develop security sector institutions, consistent with the political process set out in paragraphs 1, 2 and 3 of UNSCR 1744 (2007) and in the absence of a negative decision by the Sanctions Committee within five working days of receiving the relevant notification;

               (c)

               the supply, sale or transfer of non-lethal military equipment intended solely for humanitarian or protective use, or of material intended for institution building programmes of the Union, or Member States, including in the field of security, carried out within the framework of the Peace and Reconciliation Process, as approved in advance by the Sanctions Committee, and to protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by UN personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.

         Article 2
   Restrictive measures as provided for in Articles 3, 5(1) and 6(1) and (2) shall be imposed against persons and entities designated by the Sanctions Committee as:

               —

               engaging in or providing support for acts that threaten the peace, security or stability of Somalia, including acts that threaten the Djibouti Agreement of 18 August 2008 or the political process, or threaten the TFIs or AMISOM by force,

               —

               having acted in violation of the arms embargo and related measures as referred to in Article 1,

               —

               obstructing the delivery of humanitarian assistance to Somalia, or access to, or distribution of, humanitarian assistance in Somalia.

         The relevant persons and entities are listed in the Annex.
   Article 3
   Member States shall take the necessary measures to prevent the direct and indirect supply, sale or transfer of weapons and military equipment and the direct or indirect supply of technical assistance or training, financial and other assistance including investment, brokering or other financial services, related to military activities or to the supply, sale, transfer, manufacture, maintenance or use of weapons and military equipment, to persons or entities referred to in Article 2.
   Article 4
   1.   Member States shall inspect, in accordance with their national authorities and legislation and consistent with international law, all cargo to and from Somalia in their territory, including at their airports and seaports, if they have information that provides reasonable grounds to believe that the cargo contains items the supply, sale, transfer or export of which is prohibited under Article 3.
   2.   Aircrafts and vessels transporting cargo to and from Somalia shall be subject to the requirement of additional pre-arrival or pre-departure information for all goods brought into or out of a Member State.
   3.   Member States shall, upon discovery, seize and dispose of (either by destroying or rendering inoperable) items the supply, sale, transfer or export of which is prohibited under Article 3.
   Article 5
   1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons referred to in Article 2.
   2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
   3.   Paragraph 1 shall not apply where the Sanctions Committee:

               (a)

               determines on a case-by-case basis that such entry or transit is justified on the grounds of humanitarian need, including religious obligation,

               (b)

               determines on a case-by-case basis that an exemption would otherwise further the objectives of peace and national reconciliation in Somalia and stability in the region.

         4.   In cases where, pursuant to paragraph 3, a Member State authorises the entry into, or transit through, its territory of persons designated by the Sanctions Committee, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
   Article 6
   1.   All funds and economic resources owned or controlled directly or indirectly by the persons or entities referred to in Article 2 or held by entities owned or controlled directly or indirectly by them or by any persons or entities acting on their behalf or at their direction, as designated by the Sanctions Committee, shall be frozen. The persons and entities concerned are identified in the Annex.
   2.   No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the persons or entities referred to in paragraph 1.
   3.   Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are:

               (a)

               necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

               (b)

               intended exclusively for the payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;

               (c)

               intended exclusively for the payment of fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds and economic resources;

               (d)

               necessary for extraordinary expenses, after notification by the Member State concerned to, and approval by, the Sanctions Committee;

               (e)

               the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered before designation by the Sanctions Committee of the person or entity concerned, and is not for the benefit of a person or entity referred to in Article 2, after notification by the Member State concerned to the Sanctions Committee.

         4.   The exemptions referred to in paragraph 3(a), (b) and (c) may be made after notification to the Sanctions Committee by the Member State concerned of its intention to authorise, where appropriate, access to such funds and economic resources, and in the absence of a negative decision by the Sanctions Committee within three working days of such notification.
   5.   Paragraph 2 shall not apply to the addition to frozen accounts of:

               (a)

               interest or other earnings on those accounts; or

               (b)

               payments due under contracts, agreements or obligations that were concluded or arose before the date on which those accounts became subject to restrictive measures,

         provided that any such interest, other earnings and payments remain subject to paragraph 1.
   6.   Paragraphs 1 and 2 shall not apply to the making available of funds, other financial assets or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia, by the UN, its specialized agencies or programmes, humanitarian organizations having observer status with the UN General Assembly that provide humanitarian assistance, or their implementing partners.
   Article 7
   The Council shall establish the list contained in the Annex and amend it in accordance with determinations made by either the Security Council or the Sanctions Committee.
   Article 8
   1.   Where the Security Council or the Sanctions Committee lists a person or entity and has provided a statement of reasons for the designation, the Council shall include such person or entity in the Annex. The Council shall communicate its decision and the statement of reasons to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such person or entity an opportunity to present observations.
   2.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity accordingly.
   Article 9
   The Annex shall include, where available, information provided by the Security Council or by the Sanctions Committee necessary to identify the persons or entities concerned. With regard to persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known and function or profession. With regard to entities such information may include names, place and date of registration, registration number and place of business. The Annex shall also include the date of designation by the Security Council or by the Sanctions Committee.
   Article 10
   This Decision shall be reviewed, amended or repealed, as appropriate, in accordance with relevant decisions of the Security Council.
   Article 11
   Common Position 2009/138/CFSP is hereby repealed.
   Article 12
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 26 April 2010.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 334, 11.12.2002, p. 1.

      (2)  OJ L 46, 17.2.2009, p. 73.

      (3)  OJ L 51, 2.3.2010, p. 18.

      (4)  OJ C 364, 18.12.2000, p. 1.

      ANNEX

         LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 2

      I.   Persons

                  1.

                  Yasin Ali Baynah (a.k.a. a) Ali, Yasin Baynah, b) Ali, Yassin Mohamed, c) Baynah, Yasin, d) Baynah, Yassin, e) Baynax, Yasiin Cali, f) Beenah, Yasin, g) Beenah, Yassin, h) Beenax, Yasin, i) Beenax, Yassin, j) Benah, Yasin, k) Benah, Yassin, l) Benax, Yassin, m) Beynah, Yasin, n) Binah, Yassin, o) Cali, Yasiin Baynax) Date of birth: circa 1966. Nationality: Somalia. Alt. Nationality: Sweden. Location: Rinkeby, Stockholm, Sweden; Mogadishu, Somalia.

                  2.

                  Hassan Dahir Aweys (a.k.a. a) Ali, Sheikh Hassan Dahir Aweys, b) Awes, Hassan Dahir, c) Awes, Shaykh Hassan Dahir, d) Aweyes, Hassen Dahir, e) Aweys, Ahmed Dahir, f) Aweys, Sheikh, g) Aweys, Sheikh Hassan Dahir, h) Dahir, Aweys Hassan, i) Ibrahim, Mohammed Hassan, j) OAIS, Hassan Tahir, k) Uways, Hassan Tahir, l) ‘Hassan’, Sheikh) Date of birth: 1935. Citizen: Somalia. Nationality: Somalia. Location: Somalia; Eritrea.

                  3.

                  Hassan Abdullah Hersi Al-Turki (a.k.a. a) Al-Turki, Hassan, b) Turki, Hassan, c) Turki, Hassan Abdillahi Hersi, d) Turki, Sheikh Hassan, e) Xirsi, Xasan Cabdilaahi, f) Xirsi, Xasan Cabdulle) Date of birth: circa 1944. Place of birth: Ogaden Region, Ethiopia. Nationality: Somalia. Location: Somalia.

                  4.

                  Ahmed Abdi aw-Mohamed (a.k.a. a) Abu Zubeyr, Muktar Abdirahman, b) Abuzubair, Muktar Abdulrahim, c) Aw Mohammed, Ahmed Abdi, d) Aw-Mohamud, Ahmed Abdi, e) ‘Godane’, f) ‘Godani’, g) ‘Mukhtar, Shaykh’, h) ‘Zubeyr’, Abu) Date of birth: 10 July 1977. Place of birth: Hargeysa, Somalia. Nationality: Somalia.

                  5.

                  Fuad Mohamed Khalaf (a.k.a. a) Fuad Mohamed Khalif, b) Fuad Mohamed Qalaf, c) Fuad Mohammed Kalaf, d) Fuad Mohamed Kalaf, e) Fuad Mohammed Khalif, f) Fuad Khalaf, g) Fuad Shongale, h) Fuad Shongole, i) Fuad Shangole, j) Fuad Songale, k) Fouad Shongale, l) Fuad Muhammad Khalaf Shongole) Nationality: Somalia. Location: Mogadishu, Somalia. Alt. Location: Somalia.

                  6.

                  Bashir Mohamed Mahamoud (a.k.a. a) Bashir Mohamed Mahmoud, b) Bashir Mahmud Mohammed, c) Bashir Mohamed Mohamud, d) Bashir Mohamed Mohamoud, e) Bashir Yare, f) Bashir Qorgab, g) Gure Gap, h) ‘Abu Muscab’, i) ‘Qorgab’) Date of birth: circa 1979-1982. Alt. date of birth: 1982. Nationality: Somalia. Location: Mogadishu, Somalia.

                  7.

                  Mohamed Sa’id (a.k.a. a) ‘Atom’, b) Mohamed Sa’id Atom, c) Mohamed Siad Atom) Date of birth: circa 1966. Place of birth: Galgala, Somalia. Location: Galgala, Somalia. Alt. Location: Badhan, Somalia.

                  8.

                  Fares Mohammed Mana’a (a.k.a.: a) Faris Mana’a, b) Fares Mohammed Manaa) Date of birth: 8 February 1965. Place of birth: Sadah, Yemen. Passport No.: 00514146; place of issue: Sanaa, Yemen. ID Card No.: 1417576; place of issue: Al-Amana, Yemen; date of issue: 7 January 1996.

            II.   Entities

      AL-SHABAAB (a.k.a. a) Al-Shabab, b) Shabaab, c) The Youth, d) Mujahidin Al-Shabaab Movement, e) Mujahideen Youth Movement, f) Mujahidin Youth Movement, g) MYM, h) Harakat Shabab Al-Mujahidin, i) Hizbul Shabaab, j) Hisb’ul Shabaab, k) Al-Shabaab Al-Islamiya, l) Youth Wing, m) Al-Shabaab Al-Islaam, n) Al-Shabaab Al-Jihaad, o) The Unity Of Islamic Youth, p) Harakat Al-Shabaab Al-Mujaahidiin, q) Harakatul Shabaab Al Mujaahidiin, r) Mujaahidiin Youth Movement) Location: Somalia.


title: 2011/459/EU: Council Decision of 18 July 2011 appointing Judges to the European Union Civil Service Tribunal

text:
               26.7.2011

               EN

               Official Journal of the European Union

               L 194/31

         COUNCIL DECISION
   of 18 July 2011
   appointing Judges to the European Union Civil Service Tribunal
   (2011/459/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the fourth paragraph of Article 257 thereof,
   Whereas:

               (1)

               The terms of office of Mr Stéphane GERVASONI, Mr Paul J. MAHONEY and Mr Harissios TAGARAS, Judges of the European Union Civil Service Tribunal (hereinafter referred to as ‘the Civil Service Tribunal’) expire on 30 September 2011.

               (2)

               A public call for applications (1) was issued with a view to the appointment of three Judges to the Civil Service Tribunal for a period of 6 years.

               (3)

               The Committee set up by Article 3(3) of Annex I to the Protocol (No 3) on the Statute of the Court of Justice of the European Union met on 13 and 14 January, 3 and 4 March and 22 March 2011. Following its discussions, it delivered an opinion on the candidates’ suitability to perform the duties of a Judge of the Civil Service Tribunal to which it appended a list of candidates having the most appropriate high-level experience.

               (4)

               Accordingly it is appropriate to appoint three of the persons included on that list as Judges of the Civil Service Tribunal, for the period from 1 October 2011 to 30 September 2017, ensuring a balanced composition of the Civil Service Tribunal on as broad a geographical basis as possible from among nationals of the Member States and with respect to the national legal systems represented,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed Judges to the European Union Civil Service Tribunal for the period from 1 October 2011 to 30 September 2017:

               —

               Mr René BARENTS,

               —

               Mr Kieran BRADLEY,

               —

               Mr Ezio PERILLO.

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

      Done at Brussels, 18 July 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ C 163, 23.6.2010, p. 13.


Avis juridique important

|

32001D0368

2001/368/EC,: Council Decision of 7 May 2001 on the adjustment of the allowances paid to members and alternates of the Economic and Social Committee

Official Journal L 130 , 12/05/2001 P. 0039 - 0039

Council Decisionof 7 May 2001on the adjustment of the allowances paid to members and alternates of the Economic and Social Committee(2001/368/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the fourth subparagraph of Article 258 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the fourth subparagraph of Article 166 thereof,Having regard to the request from the Economic and Social Committee of 15 March 2001,Whereas:(1) The amounts of the daily allowances paid to members and alternates of the Economic and Social Committee, laid down by Council Decision 81/121/EEC(1), should be adapted.(2) Provision should be made for the amounts of the daily allowances to be revised after a year, having regard to the principle sought by the Council that reimbursements should be based on the actual costs incurred rather than on a flat-rate arrangement.(3) The Economic and Social Committee should be allowed to set the amount of experts' allowances,HAS DECIDED AS FOLLOWS:Article 1Article 2 of Decision 81/121/EEC shall be replaced by the following: "Article 21. The daily allowance per travel day shall be:- EUR 120 for members and alternates.2. The daily allowance per meeting day shall be:- EUR 181 for members and alternates.3. Where the beneficiary furnishes satisfactory proof that he has incurred expenditure on an overnight stay at the place of work, he shall be paid a supplementary daily allowance of EUR 25."Article 2The Council may revise the amounts laid down in Article 1 of this Decision, on the basis of a report submitted by the Economic and Social Committee as from 1 May 2002.Article 3This Decision shall take effect on 1 May 2001.It shall expire on 31 December 2002.Done at Brussels, 7 May 2001.For the CouncilThe PresidentB. Ringholm(1) OJ L 67, 12.3.1981, p. 29. Decision as last amended by Council Decision 93/358/EC, Euratom (OJ L 205, 31.8.1995, p. 38).


title: Council Decision of 27 May 2011 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               1.6.2011

               EN

               Official Journal of the European Union

               C 162/6

         COUNCIL DECISION
   of 27 May 2011
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   2011/C 162/02
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nominations submitted by the Portuguese Government,
   Whereas:

               (1)

               By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012.

               (2)

               A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Mrs Maria da Conceição AFONSO.

               (3)

               The member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2012,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2012:

      GOVERNMENT REPRESENTATIVE:

               PORTUGAL

               Dr Nuno PESTANA

      Done at Brussels, 27 May 2011.

            For the Council

            The President

         NYITRAI Zs.

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 226, 19.9.2009, p. 2.


title: 2006/325/EC: Council Decision of  27 April 2006  concerning the conclusion of the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

text:
               5.5.2006

               EN

               Official Journal of the European Union

               L 120/22

      COUNCIL DECISION

   of 27 April 2006
   concerning the conclusion of the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
   (2006/325/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 61(c) thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not bound by the provisions of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (2), nor subject to their application.

               (2)

               The Commission has negotiated an Agreement between the European Community and the Kingdom of Denmark extending to Denmark the provisions of Regulation (EC) No 44/2001.

               (3)

               The Agreement was signed, on behalf of the European Community, on 19 October 2005, subject to its possible conclusion at a later date, in accordance with Council Decision 2005/790/EC of 20 September 2005 (3).

               (4)

               In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community, the United Kingdom and Ireland are taking part in the adoption and application of this Decision.

               (5)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (6)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters is hereby approved on behalf of the Community.
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to make the notification provided for in Article 12(2) of the Agreement.

      Done at Luxembourg, 27 April 2006.

            For the Council

            The President

         L. PROKOP

      (1)  Opinion delivered on 23 March 2006 (not yet published in the Official Journal).

      (2)  OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 2245/2004 (OJ L 381, 28.12.2004, p. 10).

      (3)  OJ L 299, 16.11.2005, p. 61.


Avis juridique important

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31981D0787

81/787/EEC: Council Decision of 28 September 1981 replacing an alternate of the Advisory Committee on Vocational Training

Official Journal L 290 , 10/10/1981 P. 0019

****( 1 ) OJ NO 190 , 30 . 12 . 1963 , P . 3090/63 .  ( 2 ) OJ NO L 91 , 12 . 4 . 1968 , P . 26 .    COUNCIL DECISION   OF 28 SEPTEMBER 1981   REPLACING AN ALTERNATE OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING  ( 81/787/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE COUNCIL DECISION OF 18 DECEMBER 1963 LAYING DOWN THE RULES OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING ( 1 ), AS AMENDED BY THE DECISION OF 9 APRIL 1968 ( 2 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 17 SEPTEMBER 1981 APPOINTING THE MEMBERS AND ALTERNATES OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING FOR THE PERIOD ENDING ON 16 SEPTEMBER 1983 ,   WHEREAS ONE SEAT ON THE ABOVE COMMITTEE FOR AN ALTERNATE IN THE GOVERNMENT REPRESENTATIVES '  CATEGORY HAS FALLEN VACANT FOLLOWING THE RESIGNATION OF MR WHITE , OF WHICH THE COUNCIL WAS INFORMED ON 21 SEPTEMBER 1981 ;   HAVING REGARD TO THE NOMINATION SUBMITTED ON 21 SEPTEMBER 1981 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   DR MAOLCHATA IS HEREBY APPOINTED AN ALTERNATE OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING IN PLACE OF MR WHITE FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 16 SEPTEMBER 1983 .   DONE AT BRUSSELS , 28 SEPTEMBER 1981 .   FOR THE COUNCIL   THE PRESIDENT   P . WALKER


title: Commission Decision of 4 May 2010 on the appointment of members of the Committee of Senior Labour Inspectors for the period from 1 January 2010 to 31 December 2012

text:
               5.5.2010

               EN

               Official Journal of the European Union

               C 116/5

         COMMISSION DECISION
   of 4 May 2010
   on the appointment of members of the Committee of Senior Labour Inspectors for the period from 1 January 2010 to 31 December 2012
   2010/C 116/04
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Commission Decision 95/319/EC of 12 July 1995 setting up a Committee of Senior Labour Inspectors (1), and in particular Article 5(2) thereof,
   Whereas:

               (1)

               The previous term of office of the Committee of Senior Labour Inspectors ended on 31 December 2009.

               (2)

               It is therefore necessary to appoint the members of this Committee on the basis of the proposals by the Member States for a period of three years,

         HAS ADOPTED THIS DECISION:
   Sole Article
   The persons named in the list in the Annex are appointed as full and alternate members of the Committee of Senior Labour Inspectors for the period from 1 January 2010 to 31 December 2012.

      Done at Brussels, 4 May 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 188, 9.8.1995, p. 11.

      ANNEX

                  Member State

                  Full member

                  Alternate member

                  Belgium

                  Mr Paul TOUSSEYN

                  Mr Michel ASEGLIO

                  Bulgaria

                  Ms Rumyana MIHAYLOVA

                  Ms Veselina ATANASOVA

                  Czech Republic

                  Mr Rudolf HAHN

                  Mr Jaromír ELBEL

                  Denmark

                  Mr Jens JENSEN

                  Mrs Annemarie KNUDSEN

                  Germany

                  Mr Kai-Michael SCHÄFER

                  Mr Ernst-Friedrich PERNACK

                  Estonia

                  Ms Katrin KAARMA

                  Mr Herko SUNTS

                  Ireland

                  Mr Brian HIGGISSON

                  Mr Peter CLAFFEY

                  Greece

                  Mr Alexandros KARAGEORGIOU

                  Ms Elissavet GALANOPOULOU

                  Spain

                  Mr Raimundo ARAGÓN BOMBÍN

                  Mrs Luisa CARILLO PACHECO

                  France

                  Mr Jean BESSIÈRE

                  Mr Robert SALOMON

                  Italy

                  Mr Paolo PENNESI

                  Mr Mariano MARTONE

                  Cyprus

                  Mr Leandros NICOLAIDES

                  Mr Anastasios YIANNAKI

                  Latvia

                  Mr Arnis LUHSE

                  Mr Renārs LŪSIS

                  Lithuania

                  Mr Mindaugas PLUKTAS

                  Mr Vilius MAČIULAITIS

                  Luxembourg

                  Mr Paul WEBER

                  Mr Robert HUBERTY

                  Hungary

                  Ms Katalin DUDÁS

                  Mr János GÁDOR

                  Malta

                  Mr Mark GAUCI

                  Mr Vincent ATTARD

                  Netherlands

                  Mr Jan VAN DEN BOS

                  Mr Peter WEEDA

                  Austria

                  Mrs Eva-Elisabeth SZYMANSKI

                  Mrs Gertrud BREINDL

                  Poland

                  Mr Tadeusz ZAJĄC

                  Mrs Anna TOMCZYK

                  Portugal

                  Mr Paulo MORGADO DE CARVALHO

                  Mr Joaquim PINTADO NUNES

                  Romania

                  Mr Constantin MICLĂU

                  Mrs Silvia TRUFĂȘILĂ

                  Slovenia

                  Mr Borut BREZOVAR

                  Mr Boris RUŽIČ

                  Slovak Republic

                  Mr Andrej GMITTER

                  Mr Karol HABINA

                  Finland

                  Mr Leo SUOMAA

                  Mr Markku MARJAMÄKI

                  Sweden

                  Mr Mikael SJÖBERG

                  Mr Bernt NILSSON

                  United Kingdom

                  Mr David ASHTON

                  Mr Kevin MYERS


title: Council decision of 15 September 2006 appointing members and alternate members of the Advisory Committee on Freedom of Movement for Workers

text:
               7.10.2006

               EN

               Official Journal of the European Union

               C 242/1

      COUNCIL DECISION

   of 15 September 2006
   appointing members and alternate members of the Advisory Committee on Freedom of Movement for Workers
   (2006/C 242/01)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1), and in particular Articles 26 and 27 thereof,
   Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,
   Whereas:

               (1)

               the Council, by its Decision of 28 June 2004 (2), appointed the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 7 May 2004 to 6 May 2006;

               (2)

               the members shall remain in office until they are replaced or their appointments are renewed;

               (3)

               members and alternate members of the said Committee should be appointed for a period of two years,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following are hereby appointed members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 14 September 2006 to 13 September 2008:
   I.   GOVERNMENT REPRESENTATIVES

               Country

               Members

               Alternates

               Belgium

               Ms Virginie LECLERCQ
               Ms Anne ZIMMERMANN

               Ms Alix GEYSELS

               Czech Republic

               Mr Miloš TICHÝ
               Ms Martina MICHALCOVÁ

               Ms Zuzana DI FALCO

               Denmark

               Mr Ole Bondo CHRISTENSEN
               Ms Louise de BRASS

               Ms Lisbet MØLLER NIELSEN

               Germany

               Mr Gisbert BRINKMANN
               Ms Maria Helene GROß

               Ms Dagmar FELDGEN

               Estonia

               Ms Maarja KULDJÄRV
               Ms Katrin HÖÖVELSON

               Ms Carita RAMMUS

               Greece

               Mr Andreas KARIDIS
               Mr Konstantinos CHRISINIS

               Mr Georges NERANTZIS

               Spain

               Mr Carlos GUERVÓS MAÍLLO
               Mr Carlos LÓPEZ-MÓNIS DE CAVO

               Mr Carlos GARCÍA DE CORTAZAR

               France

               Ms Nadia MAROT
               Mr François LEPAGE

               Mr Christian LEFEUVRE

               Ireland

               Mr Brendan SHANAHAN
               Mr John KELLY

               Ms Gerardine BUCKLEY

               Italy

               —

               —

               Cyprus

               Mr Nelson NEOCLEUS
               Ms Myria ANDREOU

               Mr Demetris MICHAELIDES

               Latvia

               Mr Jorens AIZSILS
               Ms Daiga FREIMANE

               Ms Linda DIMANTE

               Lithuania

               Ms Rita KAZLAUSKIENĖ
               Ms Monika VYŠNIAUSKIENĖ

               Mr Marius GREIČIUS

               Luxembourg

               Ms Mariette SCHOLTUS
               Mr Paolo FINZI

               Ms Malou FABER

               Hungary

               Ms Vera ÁCS
               Ms Tímea Éva KISS

               Ms Éva LUKÁCS GELLÉRNÉ

               Malta

               Mr Robert SUBAN
               Mr Joseph MIZZI

               —

               Netherlands

               Mr J.J. VERBOOM
               Mr M.G. BLOMSMA

               Ms G WIDERA-STEVENS

               Austria

               Ms Ingrid NOWOTNY
               Ms Doris WITEK-WEINDORFER

               Mr Heinz KUTROWATZ

               Poland

               Mr Janusz GRZYB
               Mr Grzegorz PRAGERT

               Ms Magdalena SWEKLEJ

               Portugal

               Ms Ana Cristina SANTOS PEDROSO
               Mr Adolfo LOURO ALVES

               Mr Mário PEDRO

               Slovenia

               Ms Janja ROMIH
               Mr Radivoj RADAK

               Ms Damjana ŠARČEVIČ

               Slovakia

               Mr Tomáš ŠEFRANKO
               Ms Agnesa SKUPNÍKOVÁ

               Ms Zora BAROCHOVÁ

               Finland

               Mr Olli SORAINEN
               Ms Sinikka HYYPPÄ

               Mr Tuomo KURRI

               Sweden

               Ms Anna SANTESSON
               —

               Mr Claes-Göran LOCK

               United Kingdom

               Ms Anna HUDZIECZEK
               Mr Andrew MILTON

               — (3)

         II.   WORKERS' REPRESENTATIVES

               Country

               Members

               Alternates

               Belgium

               Mr Jean-François MACOURS
               —

               Ms Yvienne VAN HOLSBEECK

               Czech Republic

               Mr Miroslav FEBER
               Mr Jiří MANN

               Mr Pavel JANÍČKO

               Denmark

               Mr Michael JACOBSEN
               Mr Jens WIENE

               Ms Käthe MUNK RYOM

               Germany

               Mr Michael HOLDINGHAUSEN
               Ms Renate GABKE

               Mr Christian MOOS

               Estonia

               Ms Liina CARR
               Mr Leif KALEV

               Ms Tiia TAMMELEHT

               Greece

               Mr Georgios PERENTIS
               Mr Giorgos SKOULATAKIS

               Mr Efthimios EFTHIMIOU

               Spain

               Ms Ana Maria CORRAL JUAN
               Mr Julio RUIZ

               Ms Pilar ROC ALFARO

               France

               Mr Yves VEYRIER
               Ms An LENOUAIL-MARLIERE

               Ms Laurence LAIGO

               Ireland

               Mr Brendan MACKIN
               Ms Rosheen CALLENDER

               Ms Esther LYNCH

               Italy

               —

               —

               Cyprus

               Mr Nicos GREGORIOU
               Mr Nicos EPISTITHIOU

               Mr Diomedes DIOMEDOUS

               Latvia

               Ms Līvija MARCINKĒVIČA
               Mr Ojārs BRAŽA

               Mr Kaspars RĀCENĀJS

               Lithuania

               Ms Janina ŠVEDIENĖ
               Ms Janina MATUIZIENĖ

               Ms Jovita MEŠKAUSKIENĖ

               Luxembourg

               Mr Eduardo DIAS
               Ms Tania MATIAS

               Mr Carlos PEREIRA

               Hungary

               Ms Judit IVÁNY CZUGLERNÉ
               Mr Károly GYÖRGY

               Ms Edit PINK

               Malta

               —

               —

               Netherlands

               Mr P. KOPPE
               Ms D. VAARTJES-VAN SUIJDAM

               Mr P.F. VAN KRUINING

               Austria

               Mr Josef WALLNER
               Mr Oliver RÖPKE

               Mr Johannes PEYRL

               Poland

               Mr Krzysztof ROSTKOWSKI
               Mr Bogdan OLSZEWSKI

               Mr Jakub KUS

               Portugal

               Mr Carlos Manuel ALVES TRINDADE
               Mr José Manuel CORDEIRO

               Mr Carlos Manuel DOS ANJOS ALVES

               Slovenia

               Ms Metka ROKSANDIĆ
               Mr Gregor CERAR

               Mr Jaka POČIVAVŠEK

               Slovakia

               Ms Magdaléna MELLENOVÁ
               Mr Milan BUŠO

               Ms Jana SLÁVIKOVÁ

               Finland

               Mr Olli KOSKI
               Ms Salla HEINÄNEN

               Mr Ralf SUND

               Sweden

               Ms Monika ARVIDSSON
               Ms Lena WIRKKALA

               Mr Ossian WENNSTRÖM

               United Kingdom

               Mr Sean BAMFORD
               Ms Sofi TAYLOR

               Mr Wilf SULLIVAN

         III.   EMPLOYERS' REPRESENTATIVES

               Country

               Members

               Alternates

               Belgium

               Ms Sonja KOHNENMERGEN
               Mr Philippe STIENON

               Mr Ivo VAN DAMME

               Czech Republic

               Ms Marie ZVOLSKÁ
               Mr Miroslav FIŘT

               Ms Vladimira DRBALOVÁ

               Denmark

               Mr Henning GADE
               Mr Flemming DREESEN

               Ms Dorthe ANDERSEN

               Germany

               Ms Angela SCHNEIDER-BODIEN
               Ms Susanne WITTKÄMPFER

               Ms Alexandra HACKETHAL

               Estonia

               Ms Lilian SALLASTE
               Mr Heinart PUHKIM

               Mr Tarmo KRIIS

               Greece

               Ms Rena BARDANI
               Mr Leonidas NIKOLOUZOS

               Mr Antonis MEGOULIS

               Spain

               Mr Pablo GÓMEZ ALBO GARCÍA
               Mr Roberto SUÁREZ

               Mr Javier IBARS ALVARO

               France

               Ms Odile MENNETEAU
               Mr Gaëtan BEZIER

               Mr Jean-Louis TERDJMAN

               Ireland

               Ms Heidi LOUGHEED
               Ms Catherine MAGUIRE

               Mr Arthur FORBES

               Italy

               —

               —

               Cyprus

               Mr Stylianos CHRISTOFOROU
               Mr Emilios MICHAEL

               Mr Lefteris KARYDIS

               Latvia

               Ms Daiga ERMSONE
               Ms Marina PAŅKOVA

               Mr Eduards FILIPPOVS

               Lithuania

               Mr Jokūbas BERŽINSKAS
               Mr Mingirdas ŠAPRANAUSKAS

               Mr Iginijus ŠAKŪNAS

               Luxembourg

               Mr Marc KIEFFER
               Mr François ENGELS

               Mr Romain LANNERS

               Hungary

               Mr Pál KARA
               Mr István KOMORÓCZKI

               Mr Attila SZABADKAI

               Malta

               —

               —

               Netherlands

               Mr A. VAN DELFT
               Mr S.J.L. NIEUWSMA

               Mr G.A.M. VAN DER GRIND

               Austria

               Ms Margit KREUZHUBER
               Mr Wolfgang TRITREMMEL

               Ms Christa SCHWENG

               Poland

               Mr Michal GAWRYSZCZAK
               Mr Jacek MĘCINA

               Mr Tomasz WIKA

               Portugal

               Ms Cristina NAGY MORAIS
               Mr Nuno BERNARDO

               Mr Marcelino PENA COSTA

               Slovenia

               Ms Urška JEREB
               Ms Metka PENKO NATLAČEN

               Ms Staša PIRKMAIER

               Slovakia

               Mr Vladimír KALINA
               Mr Jozef ORGONÁŠ

               Ms Jana CHRKAVÁ

               Finland

               Ms Katja LEPPÄNEN
               Mr Mikko RÄSÄNEN

               Mr Mikko NYYSSÖLÄ

               Sweden

               Mr Leif LINDBERG
               Ms Karin EKENGER

               Mr Fabian WALLÉN

               United Kingdom

               Mr Tom MORAN
               —  (4)

               Mr Anthony THOMPSON

         Article 2
   The Council shall appoint at a later date the members from Belgium, Italy, Malta and Sweden, who have not yet been nominated.

      Done at Brussels, 15 September 2006

         For the Council
         The President
         E. TUOMIOJA

      (1)  OJ L 257, 18.10.1968, p. 2.

      (2)  OJ C 12, 18.1.2005, p. 4.

      (3)  The United Kingdom has waived its right to an alternate member.

      (4)  The United Kingdom has waived its right to a second member.


title: 2010/319/: Council Decision of 22 March 2010 on the signing, on behalf of the European Union, of a Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, on Conformity Assessment and Acceptance of Industrial Products (CAA)

text:
               11.6.2010

               EN

               Official Journal of the European Union

               L 145/1

         COUNCIL DECISION
   of 22 March 2010
   on the signing, on behalf of the European Union, of a Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, on Conformity Assessment and Acceptance of Industrial Products (CAA)
   (2010/319/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the functioning of the European Union, and in particular Article 207 in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (hereinafter referred to as ‘the Association Agreement’) (1), entered into force on 20 November 1995.

               (2)

               Article 47 of the Association Agreement provides, where appropriate, for the conclusion of a European conformity assessment Agreement, and Article 55 of the Association Agreement provides for the use of best endeavours to approximate the laws of the Parties.

               (3)

               The Protocol to the Association Agreement on Conformity Assessment and Acceptance of Industrial Products (CAA) (hereinafter ‘the Protocol’), initialled in Brussels on 24 June 2009, should be signed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, on Conformity Assessment and Acceptance of Industrial Products (CAA) (hereinafter referred to as ‘the Protocol’ (2)), is hereby approved on behalf of the Union, subject to its conclusion.
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to sign the Protocol, on behalf of the Union, subject to its conclusion.
   Article 3
   This Decision shall enter into force on the date of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 March 2010.

            For the Council

            The President

         M. Á. MORATINOS

      (1)  OJ L 147, 21.6.2000, p. 3.

      (2)  The Protocol shall be published in the Official Journal at a later date.


title: 2014/779/EU: Council Decision of 7 November 2014 appointing a Belgian member of the European Economic and Social Committee

text:
               12.11.2014

               EN

               Official Journal of the European Union

               L 327/4

         COUNCIL DECISION
   of 7 November 2014
   appointing a Belgian member of the European Economic and Social Committee

      (2014/779/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the Belgian Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

               (2)

               A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr André MORDANT,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Anne DEMELENNE, Secrétaire générale de la Fédération Générale du Travail de Belgique (FGTB) et Présidente de l'Interrégionale wallonne de la FGTB, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 7 November 2014.

            For the Council

            The President

         P. C. PADOAN

      (1)  OJ L 251, 25.9.2010, p. 8.


Avis juridique important

|

31993D0740

93/740/EC: Council Decision of 13 December 1993 on the conclusion of an Agreement in the form of an Exchange of Letters relating to the Agreement on fisheries between the European Economic Community and the Kingdom of Norway

Official Journal L 346 , 31/12/1993 P. 0025 - 0025

COUNCIL DECISION of 13 December 1993 on the conclusion of an Agreement in the form of an exchange of letters relating to the Agreement on fisheries between the European Economic Community and the Kingdom of Norway (93/740/EC)THE COUNCIL  OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 43 in conjunction with Article 228 (3), first subparagraph thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas in the framework of the negotiations on the European Economic Area (EEA) it has been possible to negotiate an Agreement in the form of an exchange of letters between the European Economic Community and the Kingdom of Norway relating to the  Agreement on fisheries between the European Economic Community and the Kingdom of Norway;  Whereas this Agreement is part of the overall balance of the results of the EEA negotiations and an essential element for the approval by the Community of the EEA Agreement;  Whereas this Agreement should be approved,  HAS DECIDED AS FOLLOWS:   Article 1  The Agreement in the form of an exchange of letters relating to the Agreement on fisheries between the European Economic Community and the Kingdom of Norway, is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.   Article 2  The President of the Council shall give the notification of the approval of the Agreement by the Community.  Done at Brussels, 13 December 1993.  For the Council The President Ph. MAYSTADT  (1) OJ No C 305, 23. 11. 1992, p. 63.