title: 2006/852/EC: Council Decision of 28 November 2006 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditor of Banka Slovenije

text:
               29.11.2006

               EN

               Official Journal of the European Union

               L 331/19

      COUNCIL DECISION

   of 28 November 2006
   amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditor of Banka Slovenije
   (2006/852/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty establishing the European Community, and in particular to Article 27.1 thereof,
   Having regard to Recommendation ECB/2006/14 of the European Central Bank of 9 October 2006 to the Council of the European Union on the external auditors of the Banka Slovenije (1),
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.

               (2)

               Pursuant to Article 1 of Council Decision 2006/495/EC of 11 July 2006 in accordance with Article 122(2) of the Treaty on the adoption by Slovenia of the single currency on 1 January 2007 (2), Slovenia now fulfils the necessary conditions for the adoption of the euro and the derogation in favour of Slovenia referred to in Article 4 of the 2003 Act of Accession (3) should be abrogated with effect from 1 January 2007.

               (3)

               Following the abrogation of the derogation for Slovenia, the Governing Council of the ECB recommended that the Council approve Deloitte & Touche revizija d.o.o. as external auditors for the Banka Slovenije for the financial years 2007 and 2008, starting from the financial year 2007.

               (4)

               It is appropriate to follow the Recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC (4) accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following paragraph shall be added to Article 1 of Decision 1999/70/EC:

      ‘13.   Deloitte & Touche revizija d.o.o. is hereby approved as the external auditors of the Banka Slovenije for the financial years 2007 and 2008.’

   Article 2
   This Decision shall be notified to the ECB.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 28 November 2006.

            For the Council

            The President

         E. HEINÄLUOMA

      (1)  OJ C 257, 25.10.2006, p. 19.

      (2)  OJ L 195, 15.7.2006, p. 25.

      (3)  OJ L 236, 23.9.2003, p. 33.

      (4)  OJ L 22, 29.1.1999, p. 69. Decision as last amended by Decision 2006/476/EC (OJ L 188, 1.7.2006, p. 7).


title: 2011/313/EU: Commission Decision of 26 May 2011 adjusting the weightings applicable from 1 February , 1 March , 1 April , 1 May and 1 June 2010 to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries

text:
               27.5.2011

               EN

               Official Journal of the European Union

               L 140/56

         COMMISSION DECISION
   of 26 May 2011
   adjusting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 2010 to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries
   (2011/313/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 336 thereof,
   Having regard to the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 of the Council (1), and in particular the second paragraph of Article 13 of Annex X thereto,
   Whereas:

               (1)

               In accordance with the first paragraph of Article 13 of Annex X to the Staff Regulations, the weightings to be applied from 1 July 2009 to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries payable in the currency of their country of employment were laid down by Council Regulation (EU) No 768/2010 (2).

               (2)

               Some of these weightings need to be adjusted in accordance with the second paragraph of Article 13 of Annex X to the Staff Regulations, with effect from 1 February, 1 March, 1 April, 1 May and 1 June 2010, since the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % (since weightings were last laid down or since they were adjusted by the Commission Decision 2010/790/EU (3)),

         HAS ADOPTED THIS DECISION:
   Article 1
   The weightings applied to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries, payable in the currency of the country of employment, shall be adjusted for certain countries as shown in the Annex hereto. It contains five monthly tables showing which countries are affected and the dates of application for each one (1 February 2010, 1 March 2010, 1 April 2010, 1 May 2010 and 1 June 2010).
   The exchange rates used for the calculation of this remuneration shall be established in accordance with the detailed rules for the implementation of the Financial Regulation and correspond to the dates referred to in the first paragraph.
   Article 2
   This Decision shall enter into force on the first day of the month following its publication in the Official Journal of the European Union.

      Done at Brussels, 26 May 2011.

            For the Commission, On behalf of the President,

         Catherine ASHTON

            Vice-President

      (1)  OJ L 56, 4.3.1968, p. 1.

      (2)  OJ L 228, 31.8.2010, p. 1.

      (3)  OJ L 336, 21.12.2010, p. 50.

      ANNEX

         FEBRUARY 2010

                  Place of employment

                  Economic parities
                  February 2010

                  Exchange rate
                  February 2010 (1)

                  Weightings
                  February 2010 (2)

                  Armenia

                  368,8

                  534,71

                  69,0

                  Barbados

                  2,937

                  2,7998

                  104,9

                  Croatia

                  5,989

                  7,321

                  81,8

                  Egypt (3)

                  3,825

                  7,68385

                  49,8

                  Eritrea (4)

                  14,6

                  21,6393

                  67,5

                  Ghana (5)

                  1,155

                  2,002

                  57,7

                  Haiti

                  55,97

                  59,3743

                  94,3

                  Laos (6)

                  9 400

                  12 001,5

                  78,3

                  Madagascar (7)

                  2 319

                  2 920,63

                  79,4

                  Norway

                  10,69

                  8,179

                  130,7

                  Sierra Leone (4)

                  4 557

                  5 524,5

                  82,5

                  Sudan (Khartoum) (5)

                  2,314

                  3,31285

                  69,8

                  Thailand (6)

                  30,08

                  46,316

                  64,9

                  Trinidad and Tobago

                  6,966

                  8,8894

                  78,4

                  Yemen

                  201,3

                  297,283

                  67,7

         MARCH 2010

                  Place of employment

                  Economic parities
                  March 2010

                  Exchange rate
                  March 2010 (8)

                  Weightings
                  March 2010 (9)

                  Angola

                  133,3

                  122,909

                  108,5

                  Guinea (Conakry)

                  4 699

                  6 677

                  70,4

                  Fiji

                  1,668

                  2,65851

                  62,7

                  Kazakhstan (Astana)

                  171,5

                  201,56

                  85,1

                  Madagascar (10)

                  2 167

                  2 932,3

                  73,9

                  Malawi

                  168,2

                  205,737

                  81,8

                  Mozambique

                  29,06

                  40,925

                  71,0

                  New Zealand

                  1,777

                  1,9539

                  90,9

                  Surinam (11)

                  2,019

                  3,87

                  52,2

                  Venezuela (12)

                  3,596

                  5,79305

                  62,1

                  Zambia (11)

                  4 436

                  6 409,68

                  69,2

         APRIL 2010

                  Place of employment

                  Economic parities
                  April 2010

                  Exchange rate
                  April 2010 (13)

                  Weightings
                  April 2010 (14)

                  Saudi Arabia

                  3,892

                  5,1109

                  76,2

                  Belarus

                  2 574

                  4 003,28

                  64,3

                  Cuba

                  USD 1,033

                  USD 1,3482

                  76,6

                  Egypt (15)

                  4,02

                  7,4149

                  54,2

                  Eritrea (16)

                  15,78

                  20,6343

                  76,5

                  Gambia

                  27,06

                  35,75

                  75,7

                  Georgia

                  1,78

                  2,3181

                  76,8

                  Kyrgyzstan

                  46,22

                  60,5611

                  76,3

                  Moldova

                  10,04

                  16,6048

                  60,5

                  New Caledonia

                  134,3

                  119,332

                  112,5

                  Pakistan

                  52,55

                  112,284

                  46,8

                  Paraguay

                  4 086

                  6 269,56

                  65,2

                  Sierra Leone (16)

                  4 893

                  5 192,25

                  94,2

                  East Timor

                  USD 1,147

                  USD 1,3482

                  85,1

         MAY 2010

                  Place of employment

                  Economic parities
                  May 2010

                  Exchange rate
                  May 2010 (17)

                  Weightings
                  May 2010 (18)

                  South Korea

                  1 574

                  1 477,79

                  106,5

                  Ghana (19)

                  1,232

                  1,89235

                  65,1

                  Guatemala

                  7,732

                  10,5915

                  73,0

                  Indonesia (Jakarta)

                  8 940

                  11 948,3

                  74,8

                  Jamaica

                  109,8

                  117,328

                  93,6

                  Philippines

                  44,72

                  59,186

                  75,6

                  Sudan (Khartoum) (19)

                  2,481

                  3,13891

                  79,0

                  Turkey

                  1,923

                  1,9673

                  97,7

                  Venezuela (20)

                  3,939

                  5,69299

                  69,2

         JUNE 2010

                  Place of employment

                  Economic parities
                  June 2010

                  Exchange rate
                  June 2010 (21)

                  Weightings
                  June 2010 (22)

                  Congo (Brazzaville)

                  762,4

                  655,957

                  116,2

                  Eritrea (23)

                  17,17

                  18,8793

                  90,9

                  Laos (24)

                  8 881

                  10 190,5

                  87,1

                  Mali

                  636,9

                  655,957

                  97,1

                  Sierra Leone (23)

                  5 227

                  4 850,16

                  107,8

                  Surinam (25)

                  2,132

                  3,63

                  58,7

                  Thailand (24)

                  31,89

                  40,328

                  79,1

                  Zambia (25)

                  4 830

                  6 261,24

                  77,1

         (1)  1 EURO =
            x
          units of national currency.

         (2)  Brussels = 100.

         (3)  The weighting for this place is adjusted twice: for February and April 2010.

         (4)  The weighting for this place is adjusted three times: for February, April and June 2010.

         (5)  The weighting for this place is adjusted twice: for February and May 2010.

         (6)  The weighting for this place is adjusted twice: for March and June 2010.

         (7)  The weighting for this place is adjusted twice: for February and March 2010.

         (8)  1 EURO =
            x
          units of national currency.

         (9)  Brussels = 100.

         (10)  The weighting for this place is adjusted twice: for February and March 2010.

         (11)  The weighting for this place is adjusted twice: for March and June 2010.

         (12)  The weighting for this place is adjusted twice: for March and May 2010.

         (13)  1 EURO =
            x
          units of national currency (USD for Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo and East Timor).

         (14)  Brussels = 100.

         (15)  The weighting for this place is adjusted twice: for February and April 2010.

         (16)  The weighting for this place is adjusted three times: for February, April and June 2010.

         (17)  1 EURO =
            x
          units of national currency.

         (18)  Brussels = 100.

         (19)  The weighting for this place is adjusted twice: for February and May 2010.

         (20)  The weighting for this place is adjusted twice: for March and May 2010.

         (21)  1 EURO =
            x
          units of national currency.

         (22)  Brussels = 100.

         (23)  The weighting for this place is adjusted three times: for February, April and June 2010.

         (24)  The weighting for this place is adjusted twice: for February and June 2010.

         (25)  The weighting for this place is adjusted twice: for March and June 2010.


Avis juridique important

|

31979D0844

79/844/EEC: Council Decision of 9 October 1979 appointing a member of the Committee of the European Social Fund

Official Journal L 260 , 16/10/1979 P. 0010 - 0010

****( 1 ) OJ NO L 249 , 10 . 11 . 1971 , P . 54 .  ( 2 ) OJ NO 56 , 31 . 8 . 1960 , P . 1201/60 .  ( 3 ) OJ NO L 91 , 12 . 4 . 1968 , P . 25 .    COUNCIL DECISION   OF 9 OCTOBER 1979   APPOINTING A MEMBER OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND  ( 79/844/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO REGULATION ( EEC ) NO 2396/71 ( 1 ) CONCERNING THE EUROPEAN SOCIAL FUND ,   HAVING REGARD TO THE RULES OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND ( 2 ), AS AMENDED BY THE COUNCIL DECISION OF 9 APRIL 1968 ( 3 ), AND IN PARTICULAR ARTICLE 7 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 17 APRIL 1978 APPOINTING THE MEMBERS AND ALTERNATE MEMBERS OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND FOR THE PERIOD ENDING 16 APRIL 1980 ,   WHEREAS ON THAT OCCASION THE COUNCIL AGREED TO APPOINT A MEMBER AT A LATER DATE TO OCCUPY A SEAT ALLOTTED TO A UNITED KINGDOM NATIONAL IN THE UNION REPRESENTATIVES CATEGORY ,   HAVING REGARD TO THE NOMINATION SUBMITTED ON 8 AUGUST 1979 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR K . GRAHAM IS HEREBY APPOINTED MEMBER OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND FOR THE REMAINDER OF THE COMMITTEE ' S TERM OF OFFICE , I.E . UNTIL 16 APRIL 1980 .   DONE AT LUXEMBOURG , 9 OCTOBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   D . O ' MALLEY


title: 2009/678/EC: Decision of the European Parliament of 23 April 2009 on the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/194

      DECISION OF THE EUROPEAN PARLIAMENT

   of 23 April 2009
   on the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2007
   (2009/678/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2007, together with the Foundation’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Regulation (EEC) No 1365/75 of the Council of 26 May 1975 on the creation of a European Foundation for the improvement of living and working conditions (4), and in particular Article 16 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 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 (A6-0173/2009),

               1.

               Notes that the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions are as annexed to the Court of Auditors’ report;

               2.

               Approves the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2007;

               3.

               Instructs its President to forward this Decision to the Director of the European Foundation for the Improvement of Living and Working Conditions, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 278, 31.10.2008, p. 60.

      (2)  OJ C 311, 5.12.2008, p. 156.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 139, 30.5.1975, p. 1.

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


Avis juridique important

|

31999D0858

1999/858/EC: Council Decision of 6 December 1999 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Czech Republic

Official Journal L 335 , 28/12/1999 P. 0055 - 0060

COUNCIL DECISIONof 6 December 1999on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Czech Republic(1999/858/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships(1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas:(1) the Luxembourg European Council stated that the Accession Partnership is a new instrument and the key feature of the enhanced pre-accession strategy;(2) Regulation (EC) No 622/98 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual Accession Partnerships, as they are submitted to each applicant State, as well as on subsequent significant adjustments applicable to them;(3) Community assistance is conditional on the fulfillment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfillment of the Copenhagen criteria; where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance;(4) the Luxembourg European Council decided that the implementation of the Accession Partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies;(5) the 1999 Commission's Regular Report presented an objective analysis on the Czech Republic's preparations for membership and identified a number of priority areas for further work;(6) in order to prepare for membership, the Czech Republic should update its national programme for the adoption of the acquis; this programme should set out a timetable for achieving the priorities and intermediate objectives established in the Accession Partnership,HAS DECIDED AS FOLLOWS:Article 1In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership for the Czech Republic are set out in the Annex hereto, which forms an integral part of this Decision.Article 2The implementation of the Accession Partnership shall be examined in the Europe Agreement bodies and by the appropriate Council bodies to which the Commission shall report regularly.Article 3This Decision shall take effect on the third day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 6 December 1999.For the CouncilThe PresidentT. HALONEN(1) OJ L 85, 20.3.1998, p. 1.ANNEXCZECH REPUBLIC: 1999 ACCESSION PARTNERSHIP1. OBJECTIVESThe purpose of the Accession Partnership is to set out in a single framework the priority areas for further work identified in the Commission's 1999 Regular Report on the progress made by the Czech Republic towards membership of the European Union, the financial means available to help the Czech Republic implement these priorities and the conditions which will apply to that assistance. This Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate States in their preparations for membership. These include, inter alia, the revised National Programme for the adoption of the acquis, the Joint Assessment of medium-term economic policy priorities, the Pact against organised crime as well as the National Development Plans and other sectoral plans necessary for the participation in Structural Funds after membership and for the implementation of ISPA and Sapard before accession. Each of these instruments is different in nature and is prepared and implemented according to specific procedures. They are not an integral part of this Partnership but the priorities they contain will be compatible with it.2. PRINCIPLESThe main priority areas identified for each candidate State relate to their ability to take on the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate State has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid, the European Council stressed the need for the candidate States to adjust their administrative structures to ensure the harmonious operation of Community policies after accession and at Luxembourg, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied.3. PRIORITIES AND INTERMEDIATE OBJECTIVESThe Commission's Regular Reports have highlighted the extent of the efforts which still have to be made in certain areas by the candidate States to prepare for accession. This situation requires the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the States concerned, the achievement of which will condition the degree of assistance the progress of the negotiations under way with some States and the opening of new negotiations with the others. The priorities and intermediate objectives in the revised Accession Partnerships ate again divided into two groups, short- and medium-term. Those listed under the short term have been selected on the basis that it is realistic to expect that the Czech Republic can complete or take them substantially forward by the end of 2000. The priorities listed under the medium term are expected to take more than one year to complete although work should, wherever possible, also begin on them during 2000. The progress made in meeting the priorities of the 1998 Accession Partnership is assessed in the 1999 Regular Report. This assessment has been used in formulating the priorities for the current partnership.The Czech Republic submitted a revised version of its National programme for the adoption of the acquis (NPAA) on 31 May 1999. It sets out a timetable for achieving priorities and intermediate objectives, based on the first Accession Partnership, as well as necessary administrative structures and financial resources.The Accession Partnership indicates the priority areas for the Czech Republic's membership preparations. The Czech Republic will nevertheless have to address all issues identified in the Regular Report. It is also important that the Czech Republic fulfils the commitments of legislative approximation and implementation of the acquis in accordance with the commitments made under the Europe Agreement, the screening exercise and the negotiation process. It should be recalled that incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's Regular Report, the following short and medium term priorities and intermediate objectives have been identified for the Czech Republic.3.1. Short-term (2000)Political criteria:- implement actions contained in the Government Resolution of 7 October on Roma including provision for the necessary financial support at national and local levels; implement measures aimed at fighting discrimination (including within the public administration); foster employment opportunities and increase access to education.Economic criteria:- complete the restructuring of the banking sector (the privatisation of the two remaining major banks; resolve bad loan problems); promote enterprise restructuring, especially of large conglomerates and accelerate privatisation in the enterprise sector,- implement a plan for restructuring the steel sector in line with European Union requirements,- improve bankruptcy legislation and its implementation.Internal market:- intellectual and industrial property rights: align legislation (extension of protection of copyright to 70 years; retroactive protection of sound recording; counterfeited and pirated goods); strengthen administrative and judicial enforcement, including at borders,- company law: adopt legislation reinforcing the protection of minority shareholders,- data protection: complete alignment and establish an independent supervisory authority,- free movement of goods: modify horizontal legislation on technical requirements for products, conformity assessment and on public health protection; continue alignment of sectoral legislation; improve market surveillance and conformity assessment structures as regards equipment and training of staff; reinforce implementing structures in sectors covered by product specific legislation,- free movement of capital: align laws on telecommunications, on insurance and on bonds in order to abolish the remaining restrictions in these fields; abolish anonymous accounts,- free movement of services: reinforce the securities commission and widen its field of operation,- competition: align anti-trust and State aids legislation; reinforce the State aid monitoring authority with sufficient qualified staff; complete the State aid inventory,- telecommunications: align legislation including strengthening of the independent regulatory authority by June 2000,- audio-visual: complete alignment of legislation,- taxation: align excise duties and VAT legislation in particular as regards the reduced VAT rate; ensure the closure of duty-free shops at land borders; confirm acceptance of the principles of the code of conduct for business taxation and ensure that new tax measures are in conformity with these principles.Agriculture:- prepare measures required to implement the common agricultural policy and rural development policies (Ministry and institutions such as the State Fund for market regulation),- veterinary and phytosanitary sector: continue alignment and upgrade inspection arrangements,- approve a plan to modernise meat and dairy plants to meet European Union hygiene and public health standards,- complete harmonisation of the cattle identification system and extend it to cover other species.Employment and social affairs:- further develop a national strategy with a view to later participation in the European employment strategy, building on the Joint Employment Review,- support social partners' capacity-building efforts to develop and implement the acquis, notably through bipartite social dialogue.Environment:- accelerate the transposition and enforcement of framework legislation in the areas of water quality, waste management, integrated pollution prevention control, nature protection and air quality,- develop an environmental investment strategy based on estimations of costs of alignment and realistic sources of public and private finance year-by-year with emphasis on those directives with heavy investment needs in the water sector, air sector, waste management and industrial pollution control,- complete transposition and enforce the environmental impact assessment directive.Justice and home affairs:- strengthen border control and ensure coordination between the relevant services to enable full participation in the Schengen information system,- adopt asylum and alien legislation; reinforce the policy to deal with illegal immigration,- implement policy on organised crime, corruption (legislation, implementing structures, sufficient qualified staff, better cooperation between institutions) and economic crime; ratify the OECD convention on bribery; sign the European criminal law convention on corruption,- strengthen capacities to deal with money laundering.Reinforcement of administrative and judicial capacity, including the management and control of European Union funds:- adopt and implement a programme for the reform of the State administration (introduction of a civil service law),- complete the legislative framework for internal and external financial control; set up a central organisation within the government for harmonising internal audit/control functions; set up internal audit/control units in spending centres; introduce "functional independence" for internal controllers/auditors at central and decentralised levels and ex-ante financial control,- Phare(1), ISPA(2) and Sapard(3): further develop the National Development Plan and the Rural Development Plan; adopt the legal, administrative and budgetary framework (audit manual and audit trail) to programme and manage ISPA and Sapard, including the introduction of environmental impact assessments and European Union-compatible public procurement rules for projects co-financed by Community Funds and the establishment of a functioning paying agency for Sapard,- begin implementing a programme to reform the judiciary (judges and State prosecutors) by filling vacancies, simplifying procedures, stepping up training of judges with regard to European Community law.3.2. Medium-termPolitical criteria:- strengthen policies and budgetary means, at national and local levels, to continue improving the situation of the Roma,Economic criteria:- promote competitiveness of the private sector, including small- and medium-sized enterprises,- complete privatisation process of industry and implement programme of liberalisation of utilities,- organise a pre-accession fiscal surveilance covering yearly notification of deficit and debt figures (excessive deficit procedure reporting), production of medium-term fiscal strategies (according to stability and growth pact requirements) and improvement of fiscal transparency,- continue health care and pension system financing reforms.Internal market:- public procurement: complete align legislation including by the end of 2002 abolish national preference clause for public procurement by introducing access to award procedures in the Czech Republic for all Community companies in certain sectors,- intellectual and industrial property rights: complete alignment,- data protection: complete alignment and establish an independent supervisory body,- free movement of goods: complete aligmnent of sectoral legislation including on marketing authorisation for pharmaceuticals; ensure implementing structures for all sectors,- free movement of persons: complete alignment of mutual recognition of diplomas,- free movement of services: complete alignment of insurance legislation and establish an independent supervisory body,- competition: ensure full enforcement of competition and State aid rules; ensure compliance of aid schemes and State aid legislation with the acquis; improve training at all levels,- telecommunications: adopt spectrum monitoring system,- taxation: complete alignment of tax legislation including the transitional VAT regime; complete reform of administrative structures and control procedures including administrative cooperation and mutual assistance,- consumer protection: complete legislative alignment and strengthen administrative structures, in particular market surveillance,- customs: complete alignment; strengthen border control; continue the upgrading of the operational capacities of the customs administration; continue the fight against fraud and corruption.Economic and Monetary Union:- consolidate the independence of the National Bank in particular Government borrowing.Agriculture:- reinforce common agricultural policy management mechanisms and administrative structures (monitor agricultural markets and implement structural and rural development measures, set up bodies and control mechanisms),- veterinary and phytosanitary sector: complete system of animal identification; implement quality control system (hazard analysis critical control point), animal waste treatment, modernisation of meat and dairy plants residue and zoonosis control programmes,- implement plan to modernise meat and dairy plants.Energy:- continue to ensure high levels of nuclear safety at the Dukovany and Temelin (upon completion) nuclear power plants,- prepare for the internal energy market, notably the electricity and gas directives (including adaptation of energy prices to cost levels and the establishment of a regulator),- align oil stock requirements and improve energy efficiency,- strengthen regulatory structures for nuclear safety and radiation protection.Transport:- align legislation on road transport (market access, road safety, taxation, rules for dangerous goods) rail transport and aviation (particularly air safety and air traffic management).Employment and social affairs:- transpose and implement European Union legislation in the field of occupational health and safety (including the framework directive), labour law, equal treatment of women and men, and public health; reinforce the related administrative structures and those required for the coordination of social security,- establish and independent guarantee fund for employees in the case of employer's insolvency.Economic and social cohesion:- develop national policy for economic and social cohesion; improve administrative structures; organise the budgetary system and procedures according to structural funds standards, including appraisal and evaluation.Environment:- complete transposition and implementation of framework and sectoral legislation; continue strengthening administrative capacity, monitoring and enforcement capacity,- integrate sustainable development principles into the definition and implementation of all other sectoral policies.Justice and home affairs:- further upgrade law enforcement bodies and the judiciary (staff numbers, training and equipment); continue the fight against organised crime, trafficking in women and children, drug trafficking and corruption; ensure better coordination between law enforcement bodies,- continue progressive alignment of visa legislation and practice with that of the European Union.Reinforcement of administrative and judicial capacity, including the management and control of European Union funds:- strengthen public financial control functions through the provision of adequate staff, training and equipment,- complete reform of the judiciary (judges and state prosecutor's office),- strengthen statistical capacities.4. PROGRAMMINGThe Phare allocation for the period 1995 to 1999 has totalled EUR 358 million. Following the agreement of the European Council in Berlin on 24 and 25 March 1999, financial assistance to the applicant States during the period 2000 to 2006 will also comprise support for pre-accession measures for agriculture and rural development through the pre-accession instrument Sapard (Council Regulation (EC) No 1268/1999, OJ L 161, 26.6.1999, p. 87) and a structural instrument ISPA (Council Regulation (EC) No 1267/1999, OJ L 161, 26.6.1999, p. 73) which will give priority to measures similar to the cohesion fund in the pre-accession period. Under these national allocations, the Czech Republic can also fund part of its participation in Community programmes including in the Fifth Research and Technological Development Framework Programme (OJ L 26, 1.2.1999, p. 1). In addition the Czech Republic will have access to funding from multi-State programmes directly related to the acquis. Joint financing by the applicant States is systematically required for all investment projects. Since 1998 the Commission has worked with the European Investment Bank and international financial institutions, in particular the European Bank for Reconstruction and Development and the World Bank, with a view to facilitating the co-financing of projects relating to pre-accession priorities.5. CONDITIONALITYCommunity assistance for financing projects through the three pre-accession instruments Phare, ISPA and Sapard is conditional on respect by the Czech Republic of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and in particular progress in meeting the specific priorities of this Accession Partnership in 2000. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.6. MONITORINGThe implementation of the Accession Partnership is monitored in the framework of the Europe Agreement. As underlined by the European Council in Luxembourg it is important that the institutions of the Europe Agreement continue to be the framework within which the adoption of the acquis can be examined, in accordance with the same procedures, irrespective of whether or not negotiations have been opened. The relevant sections of the Accession Partnership are discussed in the appropriate subcommittee. The Association Committee discusses overall developments, progress and problems in meeting its priorities and intermediate objectives as well as more specific issues referred to it from the subcommittees.The Phare Management Committee ensures that financing decisions under all three pre-accessions instruments, Phare, ISPA and Sapard, are compatible with each other as well as with the Accession Partnerships as laid down in the Coordinating Regulation (Council Regulation (EC) No 1266/1999, (OJ L 161, 26.6.1999, p. 68)).The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98.(1) Phare = Action plan for coordinated aid to Poland and Hungary.(2) ISPA = Instrument for Structural Policies for Pre-Accession.(3) Sapard = Special Accession Programme for Agriculture and Rural Development.


Avis juridique important

|

31996D0817(02)

Council Decision of 23 July 1996 appointing the members and alternates of the Advisory Committee on Pharmaceutical Training

Official Journal C 239 , 17/08/1996 P. 0005 - 0007

COUNCIL DECISIONof 23 July  1996appointing the members and alternates of the Advisory Committee on Pharmaceutical  Training(96/C  239/02)THE COUNCIL OF THE EUROPEAN UNION, Having regard to Council Decision 85/434/EEC of 16 September 1985 setting up an Advisory Committee  on Pharmaceutical Training  (1), and in particular Articles 3 and 4 thereof, Having regard to the Act of Accession of 1994, and in particular Article 165 (1) thereof, Whereas under Article 3 of that Decision the Committee consists of three experts from each Member  State and one alternate for each of those experts; whereas under Article 4 of the Decision the term  of office of those experts and alternates is three years; Whereas, by its Decision of 30 June 1992  (2), the Council appointed, for 11 Member States, the  members and alternates of that Committee for the period until 29 June 1995; whereas by its Decision  of 9 November 1992  (3), the Council appointed the Belgian members and alternates of that Committee  for the same period; Whereas it is necessary to appoint, replace or renew the term of office of these members and  alternates and to appoint the Austrian, Finnish and Swedish members and alternates of the  Committee; Whereas the Governments of the Member States have each submitted a list of candidates, HAS DECIDED AS FOLLOWS: Sole Article The following are hereby appointed as members and alternates of  the Advisory Committee on Pharmaceutical Training for the period from 23 July 1996 to 22 July  1999: A. >TABLE>B. >TABLE>C. >TABLE>Done at Brussels,  23 July 1996. For the CouncilThe PresidentI. YATES(1) OJ No L 253, 24. 9. 1985, p. 43.  (2) OJ No C 208, 15. 8. 1992, p. 2.  (3) OJ No C 300, 17. 11. 1992, p. 3.


title: Commission Decision of 21 April 2016 on notifying a third country of the possibility of being identified as a non-cooperating third country in fighting illegal, unreported and unregulated fishing

text:
               23.4.2016

               EN

               Official Journal of the European Union

               C 144/9

         COMMISSION DECISION
   of 21 April 2016
   on notifying a third country of the possibility of being identified as a non-cooperating third country in fighting illegal, unreported and unregulated fishing
   (2016/C 144/06)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (1), and in particular Article 32 thereof,
   Whereas:
   1.   INTRODUCTION

               (1)

               Regulation (EC) No 1005/2008 (‘the IUU Regulation’) establishes a Union system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing.

               (2)

               Chapter VI of the IUU Regulation lays down the procedure to identify non-cooperating third countries, the démarches in respect of such countries, the establishment of a list of such countries, the removal from that list, the publicity of that list and any emergency measures.

               (3)

               In accordance with Article 32 of the IUU Regulation, the Commission is to notify third countries of the possibility of their being identified as non-cooperating countries. Such notification is of a preliminary nature. The notification is to be based on the criteria laid down in Article 31 of the IUU Regulation. The Commission is also to take all the démarches set out in Article 32 of that Regulation with respect to the notified third countries. In particular, the Commission is to include in the notification information concerning the essential facts and considerations underlying such identification, provide those countries with the opportunity to respond and provide evidence refuting the identification or, where appropriate, a plan of action to improve and measures taken to rectify the situation. The Commission is to give to the notified third countries adequate time to answer the notification and reasonable time to remedy the situation.

               (4)

               Pursuant to Article 31 of the IUU Regulation, the Commission is to identify third countries that it considers as non-cooperating countries in fighting IUU fishing. A third country is to be identified as non-cooperating if it fails to discharge the duties incumbent upon it under international law as flag, port, coastal or market state, to take action to prevent, deter and eliminate IUU fishing.

               (5)

               The identification of non-cooperating third countries is to be based on the review of all information as set out under Article 31(2) of the IUU Regulation.

               (6)

               In accordance with Article 33 of the IUU Regulation, the Council is to establish a list of non-cooperating third countries. The measures set out, inter alia, in Article 38 of the IUU Regulation apply to those countries.

               (7)

               Pursuant to Article 20(1) of the IUU Regulation, the acceptance of validated catch certificates from third-country flag states is subject to a notification to the Commission of the arrangements for the implementation, control and enforcement of laws, regulations and conservation and management measures which must be complied with by the fishing vessels of the concerned third countries.

               (8)

               In accordance with Article 20(4) of the IUU Regulation, the Commission is to cooperate administratively with third countries in areas pertaining to the implementation of that Regulation.

         2.   PROCEDURE WITH RESPECT TO THE REPUBLIC OF SIERRA LEONE

               (9)

               The Republic of Sierra Leone (hereafter ‘Sierra Leone’) has not submitted its notification as a flag state pursuant to Article 20 of the IUU Regulation to the Commission.

               (10)

               Between 2014 and 2016 the Commission cooperated administratively with the authorities of Sierra Leone. This cooperation covered issues pertaining to the implementation, control and enforcement of laws, regulations and conservation and management measures by Sierra Leone. It entailed exchange of oral and written comments as well as an on-the-spot visit. The Commission sought and verified all information deemed necessary concerning Sierra Leone’s arrangements for the implementation, control and enforcement of laws, regulations and conservation and management measures which must be complied with by its fishing vessels, as well as measures taken by Sierra Leone in order to implement its obligations in the fight against IUU fishing.

               (11)

               Sierra Leone is a member of the International Commission for the Conservation of Atlantic Tunas (ICCAT) and the Indian Ocean Tuna Commission (IOTC). Sierra Leone has ratified the 1982 United Nations Convention on the Law of the Sea (Unclos).

               (12)

               In order to evaluate the compliance of Sierra Leone with its international obligations as flag, port, coastal or market State as set out in the international agreements referred to in recital 11 and established by the relevant regional fisheries management organisations (RFMOs), the Commission sought, collected and analysed all necessary information.

         3.   POSSIBILITY OF THE REPUBLIC OF SIERRA LEONE BEING IDENTIFIED AS A NON-COOPERATING THIRD COUNTRY

               (13)

               Pursuant to Article 31(3) of the IUU Regulation, the Commission analysed the duties of the Republic of Sierra Leone as flag, port, coastal or market state. For the purpose of this review the Commission took into account the criteria listed in Article 31(4) to (7) of the IUU Regulation and applicable international law.

         3.1.   Recurrence of IUU fishing activities and IUU trade flows (Article 31(4) of the IUU Regulation)

               (14)

               The 1994 Fisheries Management and Development Decree and the 1995 Fisheries Regulations only cover the activities of Sierra-Leone-flagged fishing vessels in waters under the jurisdiction of Sierra Leone.

               (15)

               On the basis of publically available information as well as information gathered by the Commission, the Commission has established that there is evidence vessels previously flagged to Sierra Leone have been involved in IUU fishing activities. These vessels are mentioned on RFMO IUU vessel lists (2) as having flown the flag of Sierra Leone after their inclusion on these lists (3). These vessels are Baroon, Gorilero, Kunlun, Viking and Yongding.

               (16)

               There are strong indications that the authority in charge of vessel registration does not systematically inform the fisheries authorities about the registration of new fishing vessels or request fisheries history checks on these vessels. Similarly, it appears that the entity in charge of the international vessel registry does not consult the national authorities before registering any fishing vessel which will operate outside Sierra Leone’s Exclusive Economic Zone (EEZ). Thus, the list of fishing vessels flying the flag of Sierra Leone could be considered to not be consolidated: it appears the authority in charge of fisheries does not have any information on Sierra Leone fishing vessels operating beyond the Sierra Leone EEZ, while the authority responsible for the registration of vessels only has partial information on the status of Sierra Leone’s fleet register. The apparent lack of cooperation between the entity in charge of the international vessel registry and the national authorities could be considered to diminish Sierra Leone’s ability to monitor the size and activities of its fleet potentially allowing illegal operators to use the flag of Sierra Leone without detection.

               (17)

               The Commission established that there are up to 50 Sierra-Leone-flagged fishing vessels operating beyond Sierra Leone’s EEZ without authorisation from the relevant Sierra Leonean authorities. This appears to be in contravention of the national Cabinet Decision of 2010 that suspended the registration of fishing vessels through the international registry. Moreover, the Sierra Leone authorities acknowledged that these Sierra-Leone-flagged fishing vessels operating beyond the EEZ are not subject to monitoring, control and surveillance by the fisheries authority. They do not report their geographic position to Sierra Leone’s fisheries monitoring centre or share information with Sierra Leone’s fisheries authorities on catch data, landings or transhipments.

               (18)

               The Commission examined the measures taken by Sierra Leone in respect of access of fisheries products stemming from IUU fishing to its market. Sierra Leonean vessels operating beyond the EEZ of Sierra Leone are not subject to any form of control by Sierra Leone’s authorities. These vessels do not report or transmit any information regarding their activities, landings and transhipments to the Sierra Leonean authorities. Therefore it is unlikely the traceability of fish or fish products stemming from these vessels can be guaranteed.

               (19)

               The performance of Sierra Leone described in recitals 15 to 18 is not in line with Articles 94(1) and (2) of Unclos which provide that every state shall effectively ensure its jurisdiction and control over ships flying its flag. It is also not in line with point 24 of the Food and Agriculture Organisation of the United Nations’ (FAO) International Plan of Action to prevent, deter and eliminate illegal, unreported and unregulated fishing (IPOA IUU) that provides for the obligation to undertake comprehensive and effective control of fishing activities and point 35 of the IPOA IUU that provides that a flag state should ensure that, before it registers a vessel, it can exercise its responsibility to ensure that the vessel does not engage in IUU fishing. It also contravenes point 36 of the IPOA IUU, that provides that flag states should avoid flagging vessels with a history of non-compliance and point 42 of IPOA IUU which provide that every state shall maintain a register of ships containing the names and particulars of ships flying its flag. It also failed to comply with point 71 of the IPOA IUU which advises states to take steps to improve the transparency of their markets in order to ensure the traceability of fish or fish products. Equally, it failed to comply with Article 11 of the FAO Code of Conduct for Responsible Fisheries (FAO Code of Conduct) which sets good practices for post-harvest and responsible international trade.

               (20)

               In view of the facts presented in this section of the Decision and on the basis of all factual elements gathered by the Commission as well as all the statements made by the country, it could be established that, pursuant to Article 31(3), (4)(a) and (4)(b) of the IUU Regulation, there are strong indications that Sierra Leone fails to discharge its duties under international law as a flag, port, coastal and market state in respect of IUU vessels and IUU fishing carried out or supported by vessels flying its flag or by its nationals and to prevent access of fisheries products stemming from IUU fishing to its market.

         3.2.   Failure to cooperate and to enforce (Article 31(5) of the IUU Regulation)

               (21)

               While the fisheries authorities of Sierra Leone were generally cooperative with the Commission and responded to requests for information and provided feedback, their capacity to reply to certain requests was limited by the status of the international registry and the lack of cooperation between the entity in charge of the international vessel registry and the national authorities, as established in Section 3.1.

               (22)

               Sierra Leone is an important coastal state in West Africa, whose waters are rich fishing grounds attracting vessels from third countries. In November 2015, 155 foreign-flagged vessels were licensed to fish in the waters of Sierra Leone. All of these vessels, except tuna vessels, have an observer on board. Not all vessels have a vessel monitoring system (VMS) device on board. Without complete observer coverage on all fleet components and VMS on all industrial vessels, Sierra Leone cannot reliably control that no vessels are engaged in IUU fishing activities. The number of licences attributed could be considered to be neither in line with control capacity nor with available resources.

               (23)

               Sierra Leone is also an important flag state, operating an international registry, attracting vessels from third countries with no direct link to the country. As explained in recital 17, these vessels operate beyond the EEZ of Sierra Leone, on the high seas and in the waters of third countries. The Commission established that, while Sierra Leone cooperates with the countries of the subregion through the Sub Regional Fisheries Commission (SRFC), it does not appear to cooperate with third countries outside the region where Sierra Leonean fishing vessels operate. This lack of cooperation may result from the fact that Sierra Leone’s authorities seem to have little or no information about vessels flying the flag of Sierra Leone operating outside the national EEZ.

               (24)

               The national fisheries legal framework (4) is outdated, and needs revising to ensure consistency between national law and international and regional applicable rules. The definition of fishing activities includes searching for, catching, taking and harvesting fish as well as any activity in support of or preparation of these activities, including through the use of aircraft. The definition of fishing vessels includes vessels conducting fishing-related activities. Fishing-related activities include transhipment, storage, processing, transportation and refuelling and supplying fishing vessels. However, these texts do not specifically define IUU fishing activities or serious infringements as defined under international law, and do not expressly foresee enforcement measures and sanctions for activities conducted by Sierra Leonean vessels outside the jurisdiction of Sierra Leone or nationals supporting or engaged in IUU fishing. There are strong indications that the sanctioning system of Sierra Leone is not deterrent and proportionate, in line with international obligations. The value of fines is not linked to the value of the fish caught illegally and as such does not systematically deprive offenders of the benefits accruing from their illegal activities. The value of fines is not linked to the damages caused to the fishing resources and environment.

               (25)

               The Joint Operations Centre (JOC) is responsible for implementing the duties of fisheries monitoring and control and surveillance (MCS). Through funding from international projects the JOC has been equipped to carry out MCS functions. However, due to limited funding, the operationality of the JOC appears to be constrained, with no or inadequate budget assigned to cover the operational costs of the JOC. Therefore, Sierra Leone seems to lack material and financial resources to fight IUU fishing.

               (26)

               The legal framework and enforcement measures in Sierra Leone do not comply with the basic requirements in Articles 61, 62 and 117 to 119 of Unclos. The facts described in recitals 20 to 24 indicate that Sierra Leone failed to fulfil the conditions of Article 94 of Unclos which stipulates that a flag state assumes jurisdiction under its internal law over each ship flying its flag and its master, officers and crew. Sierra Leone appears to fail to demonstrate that it has in place an adequate sanction regime to combat IUU as recommended in point 21 of IPOA IUU. Sierra Leone also appears to fail to take into consideration the recommendations in point 24 of the IPOA IUU which advises flag states to ensure comprehensive and effective monitoring, control and surveillance of fishing, through the point of landing, to final destination, including by implementing the VMS in accordance with the relevant national, regional and international standards.

               (27)

               In view of the facts presented in this section of the Decision and on the basis of all factual elements gathered by the Commission as well as all the statements made by the country, it could be established that, pursuant to Article 31(3) and (5) of the IUU Regulation, there are strong indications that Sierra Leone failed to discharge its duties under international law with respect to cooperation and enforcement.

         3.3.   Failure to implement international rules (Article 31(6) of the IUU Regulation)

               (28)

               Sierra Leone ratified Unclos in 1994 and is a contracting party to ICCAT and IOTC.

               (29)

               From 2009 to 2012 Sierra Leone was identified as non-compliant by ICCAT. The identified status was lifted in 2013, but the situation in year 2014 raised concerns as no annual reports or compliance tables were received by ICCAT in 2015. Several repeated compliance issues have also been identified in the IOTC Compliance Report for Sierra Leone, in particular a general lack of compliance with IOTC measures and a failure to provide reports and information in line with Resolutions 12/11, 01/06, 10/09, SC04 and S17. Sierra Leone is only a contracting party to ICCAT and IOTC, and not any other RFMOs, and this despite the structure and area of operation of Sierra Leone’s fishing vessel fleet.

               (30)

               Sierra Leone’s compliance issues in ICCAT and IOTC demonstrate the failure of Sierra Leone to fulfil its obligations as flag state laid down in Article 94 of Unclos and point 24 of IPOA IUU.

               (31)

               Sierra Leone has not ratified any international legal instruments related to fisheries management except Unclos. The performance of Sierra Leone in implementing international instruments is not in accordance with the recommendations of point 11 of the IPOA IUU which encourages States, as a matter of priority, to ratify, accept or accede to the United Nations Agreement for the Implementation of the Provisions of Unclos relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA) and the FAO Compliance Agreement. It also contravenes point 14 that provides that states should fully and effectively implement the Code of Conduct and its associated international plans of action.

               (32)

               In addition, while there is no dedicated fishing port in Sierra Leone, fishing vessels do land directly onto company jetties or in the commercial port. Sierra Leone has not ratified the 2009 FAO Port State Measures Agreement (PSMA).

               (33)

               Contrary to the recommendations in points 25 to 27 of the IPOA IUU, Sierra Leone has not developed a national plan of action against IUU fishing.

               (34)

               Furthermore, as mentioned in recital 17, the management of Sierra Leone’s international registry is carried out by a private company located outside Sierra Leone, and Sierra Leone appears to have failed to ensure that vessels flying its flag have a genuine link with the country. This contravenes Article 91 of Unclos which provides that a genuine link must exist between the flag state and its ships.

               (35)

               In view of the facts presented in this section of the Decision and on the basis of all factual elements gathered by the Commission as well as all the statements made by the country, it could be established that, pursuant to Article 31(3) and (6) of the IUU Regulation, there are strong indications that Sierra Leone has failed to discharge the duties incumbent upon it under international law with respect to international rules, regulations and conservation and management measures.

         3.4.   Specific constraints of developing countries

               (36)

               According to the United Nations Human Development Index (UNHDI) (5), in 2015 Sierra Leone is considered to be a low human development country ranked 181 out of 188 countries.

               (37)

               Although specific capacity constraints may exist with respect to monitoring, control and surveillance, the specific constraints of Sierra Leone derived from its level of development do not justify all the deficiencies identified in the previous sections. This concerns especially the registration of fishing vessels under the Sierra Leonean international registry and the lack of knowledge about these vessels.

               (38)

               It appears that the shortcomings identified result primarily from an inadequate administrative environment to ensure the efficient and effective performance by Sierra Leone of its duties as flag, coastal, port and market state. Sierra Leone has received support from regional initiatives which aimed to strengthen governance and fight IUU fishing including through improved MCS. However this funding was suspended in 2015 due to governance concerns and without these funds the Sierra Leonean JOC cannot operate effectively.

               (39)

               In view of the facts presented in this section of the Decision and on the basis of all factual elements gathered by the Commission as well as the statements made by the country, it could be established, pursuant to Article 31(7) of the IUU Regulation, that the development status and overall performance of Sierra Leone with respect to fisheries management may be impaired by its level of development. However, account taken of the nature of the established shortcomings of Sierra Leone, the development level of Sierra Leone cannot fully excuse or otherwise justify its overall performance as flag, port, coastal or market state with respect to fisheries and the insufficiency of its actions to prevent, deter and eliminate IUU fishing.

         4.   CONCLUSION ON THE POSSIBILITY OF IDENTIFICATION AS A NON-COOPERATING THIRD COUNTRY

               (40)

               In view of the conclusions reached with regard to the failure of Sierra Leone to discharge its duties under international law as flag, port, coastal or market state and to take action to prevent, deter and eliminate IUU fishing, that this country should be notified, in accordance with Article 32 of the IUU Regulation, of the possibility of being identified by the Commission as a non-cooperating third country in fighting IUU fishing.

               (41)

               In accordance with Article 32(1) of the IUU Regulation, the Commission should notify Sierra Leone of the possibility of being identified as a non-cooperating third country. The Commission should also take all the démarches set out in Article 32 of the IUU Regulation with respect to Sierra Leone. In the interest of sound administration, a period should be fixed within which that country may respond in writing to the notification and rectify the situation.

               (42)

               Furthermore, the notification to Sierra Leone of the possibility of being identified as a country which the Commission considers to be non-cooperating for the purposes of this Decision does neither preclude nor automatically entail any subsequent step taken by the Commission or the Council for the purpose of the identification and the establishment of a list of non-cooperating countries,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Republic of Sierra Leone shall be notified of the possibility of being identified by the Commission as a non-cooperating third country in fighting illegal, unreported and unregulated fishing.

      Done at Brussels, 21 April 2016.

            For the Commission

         Karmenu VELLA

            Member of the Commission

      (1)  OJ L 286, 29.10.2008, p. 1.

      (2)  The relevant RFMOs are CCAMLR, SEAFO, GFCM, NEAFC, NAFO and IOTC. Information from: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2015.199.01.0012.01.ENG

      (3)  See Part B of the Annex to Regulation (EU) No 468/2010.

      (4)  1994 Fisheries Management and Development Decree and the 1995 Fisheries Regulations.

      (5)  Information from: http://hdr.undp.org/sites/default/files/2015_human_development_report_1.pdf


title: 90/607/EEC: Council Decision of 27 July 1990 concerning the conclusion of the Agreement between the European Economic Community and the People's Republic of Bangladesh on trade in textile products

text:
23 . 11 . 90                              Official Journal of the European Communities                                     No L 325 / 1
                                                                    II
                                             (Acts whose publication is not obligatory)
                                                         COUNCIL
                                                        COUNCIL DECISION
                                                          of 27 July 1990
                 concerning the conclusion of the Agreement between the European Economic Community and
                                  the People's Republic of Bangladesh on trade in textile products
                                                    -      ( 90 / 607 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                trade in textile products, annexed to this Decision, are hereby
                                                                         approved on behalf of the Community.
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                        The text of the Agreement is attached to this Decision.
thereof,
Having regard to the proposal from the Commission,
                                                                                Article 2
Whereas the Agreement negotiated between the European
Economic Community and the People's Republic of
Bangladesh on trade in textile products initialled in Brussels           The President of the Council is hereby authorized to
on 16 July 1986 and applied on a provisional basis by                    designate the person empowered to sign the above
Decision 87 /420/EEC ('), as from i January 1987, should                 Agreement in order to bind the Community. 7
be approved ,
HAS DECIDED AS FOLLOWS :                                                 Done at Brussels , 27 July 1990.
                             Article 1
                                                                                For the Council
                                                                                The President
The Agreement between the European Economic
Community and the People's Republic of Bangladesh on                                                                  E. RUBBI
                                                      /
(») OJ No L-233 , 19 . 8 . 1987, p, 1 .


title: Council Decision 2007/791/CFSP of 4 December 2007 implementing Joint Action 2007/749/CFSP on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)

text:
               5.12.2007

               EN

               Official Journal of the European Union

               L 317/83

      COUNCIL DECISION 2007/791/CFSP
   of 4 December 2007
   implementing Joint Action 2007/749/CFSP on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Joint Action 2007/749/CFSP of 19 November 2007 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (1) and, in particular, Article 12(1) thereof, in conjunction with the second indent of Article 23(2) of the Treaty on European Union,
   Whereas:

               (1)

               On 19 November 2007 the Council adopted Joint Action 2007/749/CFSP establishing that the EUPM is to be continued until 31 December 2009. The financial reference amount for 2008 and 2009 is to be decided on an annual basis.

               (2)

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

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The financial reference amount intended to cover the expenditure related to the implementation of Joint Action 2007/749/CFSP shall be EUR 14 800 000 for 2008.
   2.   The expenditure financed by the amount referred to in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the European Union, with the exception that any pre-financing shall not remain the property of the Community.
   Article 2
   This Decision shall take effect on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 4 December 2007.

            For the Council

            The President

         F. TEIXEIRA DOS SANTOS

      (1)  OJ L 303, 21.11.2007, p. 40.


title: 2012/153/EU: Decision of the European Central Bank of 5 March 2012 on the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic in the context of the Hellenic Republic’s debt exchange offer (ECB/2012/3)

text:
               16.3.2012

               EN

               Official Journal of the European Union

               L 77/19

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 5 March 2012
   on the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic in the context of the Hellenic Republic’s debt exchange offer
   (ECB/2012/3)
   (2012/153/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the first indent of Article 3.1, Article 12.1, Article 18 and the second indent of Article 34.1,
   Having regard to Guideline ECB/2011/14 of 20 September 2011 on monetary policy instruments and procedures of the Eurosystem (1), and in particular Sections 1.6, 6.3.1 and 6.3.2 of Annex I thereof,
   Whereas:

               (1)

               Given the exceptional circumstances prevailing in financial markets and the disruption in the normal assessment by the market of securities issued or guaranteed by the Hellenic Republic, the Governing Council adopted Decision ECB/2010/3 of 6 May 2010 on temporary measures relating to the eligibility of marketable debt instruments issued or guaranteed by the Greek Government (2). This Decision temporarily suspended the Eurosystem’s minimum requirements for credit quality thresholds, as specified in the Eurosystem credit assessment framework rules for certain marketable assets in Section 6.3.2 of Annex I to Guideline ECB/2011/14. Decision ECB/2012/2 (3) repealed Decision ECB/2010/3 because of the negative impact on the credit ratings assigned to such debt instruments of the launch of the debt exchange offer in the context of private sector involvement to holders of marketable debt instruments issued or guaranteed by the Greek Government.

               (2)

               On 21 July 2011, the Heads of State or Government of the euro area and Union institutions announced measures to stabilise Greek public finances, which included their commitment to provide collateral enhancement to underpin the quality of marketable debt instruments issued or guaranteed by the Hellenic Republic. The Governing Council has decided that such collateral enhancement is to be provided by the Hellenic Republic for the benefit of the national central banks (NCBs).

               (3)

               The Governing Council has decided that the Eurosystem’s credit quality threshold should be suspended in respect of marketable debt instruments issued or fully guaranteed by the Hellenic Republic that are covered by the collateral enhancement,

         HAS ADOPTED THIS DECISION:
   Article 1
   Eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic in the context of the Hellenic Republic’s debt exchange offer
   1.   The use, as collateral for Eurosystem credit operations, of marketable debt instruments issued or fully guaranteed by the Hellenic Republic that do not fulfil the Eurosystem’s minimum requirements for credit quality thresholds, as specified in the Eurosystem credit assessment framework rules for certain marketable assets in Section 6.3.2 of Annex I to Guideline ECB/2011/14 while fulfilling the other eligibility requirements specified in Annex I to Guideline ECB/2011/14, shall be conditional on the provision by the Hellenic Republic to NCBs of a collateral enhancement in form of a buy-back scheme.
   2.   The marketable debt instruments referred to in paragraph 1 shall remain eligible for the duration of the collateral enhancement.
   Article 2
   Entry into force
   This Decision shall enter into force on 8 March 2012.

      Done at Frankfurt am Main, 5 March 2012.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 331, 14.12.2011, p. 1.

      (2)  OJ L 117, 11.5.2010, p. 102.

      (3)  OJ L 59, 1.3.2012, p. 36.


title: Council Decision of 6 November 1973 concluding the Agreement between the European Economic Community and the United Nations Relief and Works Agency for Palestinian refugees on the supply of flour of common wheat and milled rice as food aid

text:
13 . 12 . 73                        Officiad Journal of the European Communities                    No L 343 / 17
                                                COUNCIL DECISION
                                                 of 6 November 1973
             concluding the Agreement between the European Economic Community and the United
             Nations Relief and Works Agency for Palestinian refugees on the supply of flour of
                                    common wheat and milled rice as food aid
                                                     (73/381 . EEC)
             THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
             Having regard to the Treaty establishing the European Economic Community, and in
             particular Articles 113 , 114 and 228 thereof;
             Having regard to the Recommendation from the Commission ;
             Whereas the European Economic Community deposited a declaration for the provisional
             application of the Food Aid Convention of 1971 ; and whereas this Convention has been
             in force since 1 July 1971 :
             Whereas the United Nations Relief and Works Agency for Palestinian refugees in the
             Near East has made known its requirements in cereal products for the refugees and
             whereas that Agency should accordingly be supplied with a quantity of food equivalent
             to 17 022 metric tons of cereals in the form of 9 316 metric tons of common wheat
             flour and 2 290 tons of milled rice,
             HAS DECIDED AS FOLLOWS :
                                                       Article 1
             The Agreement between the European Economic Community and the United Nations
             Relief and - Works Agency for Palestinian refugees on the supply of flour of common
             wheat and milled rice as food aid, the text of which is annexed hereto, is hereby con
             cluded on behalf of the Community.
                                                       Article 2
             The President of the Council is hereby authorized to designate the persons empowered
             to sign the Agreement and to confer upon them the necessary powers to bind the Com
             munity.
             Done at Brussels, 6 November 1973 .
                                                                                For the Council
                                                                                The President
                                                                                I. N0RGAARD