title: Council Decision (EU) 2015/1023 of 15 June 2015 authorising certain Member States to accept, in the interest of the European Union, the accession of Andorra to the 1980 Hague Convention on the Civil Aspects of International Child Abduction

text:
               30.6.2015

               EN

               Official Journal of the European Union

               L 163/29

         COUNCIL DECISION (EU) 2015/1023
   of 15 June 2015
   authorising certain Member States to accept, in the interest of the European Union, the accession of Andorra to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(3) in conjunction with Article 218 thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

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

               (2)

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

               (3)

               Regulation (EC) No 2201/2003 complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) which establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children.

               (4)

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

               (5)

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

               (6)

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

               (7)

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

               (8)

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

               (9)

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

               (10)

               Andorra deposited its instrument of accession to the 1980 Hague Convention on 6 April 2011. That Convention entered into force for Andorra on 1 July 2011.

               (11)

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

               (12)

               The Member States that have not yet accepted the accession of Andorra should therefore be authorised to deposit their declarations of acceptance of accession of Andorra in the interest of the Union in accordance with the terms set out in this Decision. The Kingdom of Belgium, the Czech Republic, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Slovak Republic and the Republic of Finland which have already accepted the accession of Andorra to the 1980 Hague Convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law.

               (13)

               The United Kingdom and Ireland are bound by Regulation (EC) No 2201/2003 and are taking part in the adoption and application of this Decision.

               (14)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The Member States that have not yet done so are hereby authorised to accept the accession of Andorra to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) in the interest of the Union.
   2.   Those Member States shall, no later than 16 June 2016, deposit a declaration of acceptance of the accession of Andorra to the 1980 Hague Convention in the interest of the Union worded as follows:

      ‘[Full name of MEMBER STATE] declares that it accepts the accession of Andorra to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in accordance with Council Decision (EU) 2015/1023’.

   3.   Each Member State shall inform the Council and the Commission of the deposit of its declaration of acceptance of the accession of Andorra and communicate to the Commission the text of the declaration within two months of its deposit.
   Article 2
   Those Member States which deposited their declarations of acceptance of the accession of Andorra to the 1980 Hague Convention prior to the date of adoption of this Decision, shall make no new declarations.
   Article 3
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Decision is addressed to all Member States with the exception of the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Latvia, the Republic of Lithuania, the Slovak Republic and the Republic of Finland.

      Done at Luxembourg, 15 June 2015.

            For the Council

            The President

         Dz. RASNAČS

      (1)  Opinion of 11 February 2015 (not yet published in the Official Journal).

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


title: 2013/574/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the Community European Fisheries Control Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/221

      DECISION OF THE EUROPEAN PARLIAMENT

   of 17 April 2013
   on discharge in respect of the implementation of the budget of the Community European Fisheries Control Agency for the financial year 2011
   (2013/574/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Community Fisheries Control Agency for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Fisheries Control Agency for the financial year 2011, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

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

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (4), and in particular Article 36 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Fisheries (A7-0109/2013),

               1.

               Grants the Executive Director of the Community Fisheries Control Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2011;

               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 Executive Director of the European Fisheries Control Agency (previously referred to as Community Fisheries Control Agency), the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 86.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 128, 21.5.2005, p. 1.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      of 17 April 2013
      with the observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Community Fisheries Control Agency for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the Community Fisheries Control Agency for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Fisheries Control Agency for the financial year 2011, together with the Agency’s replies (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

                  —

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

                  —

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

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

                  —

                  having regard to Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (4), and in particular Article 36 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Fisheries (A7-0109/2013),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the Community Fisheries Control Agency (‘the Agency’) for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas on 10 May 2012, Parliament granted the Executive Director of the Agency discharge for the implementation of its budget for the financial year 2010 (6), and in its resolution accompanying the discharge decision, inter alia:

                              —

                              urged the Agency to improve its Annual Work Programme by including specific measurable objectives, both at policy area level and at operational level, establishing SMART indicators,

                              —

                              urged the Executive Director to fully fulfil his obligations to include in his report to the discharge authority summarising the Internal Audit Service (IAS) report, all the recommendations made and all actions taken as a result of those recommendations,

                              —

                              called on the Agency to review its Internal Control System (ICS), to underpin its Executive Director’s annual declaration of assurance and to review all its procedures, both administrative and operational, with subsequent documentation of the work flow and key control,

                  C.

                  whereas the Agency’s overall budget for 2011 was EUR 12 850 000, compared with EUR 11 013 000 in 2010, which represents an increase of 16,7 %,

                  D.

                  whereas the initial contribution of the Union to the Agency’s budget for 2011 was EUR 11 850 000 (7), which represents an increase of 40,90 % compared with its initial contribution in 2010 (EUR 8 410 000),

         Budgetary and financial management

                  1.

                  Recalls that the total contribution of the Union to the Agency’s budget for 2011 amounted to EUR 12 850 000;

                  2.

                  Notes from its annual accounts for the financial year 2011 that the Agency committed 99 % of the contributions granted and paid out 89 % of the available payment appropriations (excluding expenditure from other sources of revenue); welcomes the fact that in its Annual Activity Report for 2011 (AAR) (8), the Agency provided the discharge authority with data showing its overall budget execution rate in terms of commitments and payments; recalls that in 2010, the Agency committed 98,3 % of the subsidy granted and paid 85,6 % of available payment appropriations;

         Carry-over appropriations

                  3.

                  Notes from the annual accounts that EUR 1 160 170 of the commitment appropriations contracted by the end of 2011 but not yet paid were carried forward to 2012; notes, furthermore, that the cancellation of unused payment appropriations carried over (9) from the previous year represents EUR 151 710;

                  4.

                  Acknowledges from the AAR that for the financial year 2011, the Agency’s automatic carry forward to 2012 amounted to EUR 2 161 172; notes, furthermore, that in terms of the share of payments in compliance with the time limits of the Financial Regulation, 87 % of all payments were made within the legal targets. For commercial invoices, 79 % were paid within the 30 legal days and around 91 % of cost claims (reimbursements to staff and experts) were paid within the 45 legal days; encourages the Court of Auditors to mention information on carry-overs in its report on the annual accounts of the Agency for the financial year 2012;

         Accounting system

                  5.

                  Observes from its annual accounts (10) for the financial year 2011 that the budget accounts of the Agency are managed by the accrual based accounting (ABAC) system and the general accounts are maintained by the SAP system, which has a direct interface with the General Accounting System of the Commission;

         Procurement procedures

                  6.

                  Calls on the Agency to improve procurement procedures; observes that the Court of Auditors noted weaknesses in this respect (i.e. the Agency did not adequately document the estimation of contract values in the procurement files);

                  7.

                  Acknowledges from the Court of Auditors that the Agency should improve the transparency of procedures by implementing some more specific selection criteria for tenderers;

                  8.

                  Notes with concern from the Court of Auditors that the Agency does not yet have adequate procedures in place to record and account for costs related to the generation of internal intangible assets;

         Recruitment procedures

                  9.

                  Notes from the Court of Auditors that the Agency should further improve staff selection procedures (i.e. vacancy notices did not provide information on complaints about appeal procedures; meetings of the Selection Board were insufficiently documented and in one recruitment case, the Appointing Authority did not follow the order of the Selection Board’s list without providing a reason); considers that some of the provisions of the Staff Regulations may present a considerable administrative burden; therefore encourages the Commission to allow for a certain degree of simplification under Article 110 of the Staff Regulations in regard to the agencies;

                  10.

                  Notes from the AAR (11) that four Temporary Agents (TA) and one Contract Agent (CA) have been recruited, while four TA and one CA left the Agency, resulting in 97 % occupancy of the posts envisaged by the establishment plan in 2011;

                  11.

                  Expresses its satisfaction that the Court of Auditors has declared the transactions underlying the annual accounts of the Agency for the financial year 2011 to be, in all material respects, legal and regular;

                  12.

                  Acknowledges from the Agency’s follow up report that the documentation concerning recruitment procedures has been revised in 2012, in order to take the comments of the Court of Auditors into account;

         Governance

                  13.

                  Acknowledges from the Court of Auditors that in the course of the appointment procedure of the Executive Director, a member of the Administrative Board contravened the regulations governing appointments to key posts by announcing the candidate the Commission intended to vote for; recognises that the actions of Members of the Administrative Board are not under the control of the Agency and that the Executive Director is, therefore, not responsible for the proceedings;

         Performance

                  14.

                  Welcomes the Agency’s initiative to continue the preparation of its Multiannual and Annual Work Programmes; emphasises the importance of such a document to enable the Agency to make effective organisational arrangements to implement its strategy and achieve its goals; notes that the Agency follows a multi-annual perspective for its work programme and its resource planning by drawing up a Multiannual Work Programme, its Multiannual Staff Policy Plan and a multiannual IT strategic plan; notes, moreover, that the Agency has an IT strategic plan in place since 2010, which is reviewed and updated annually;

                  15.

                  Underlines the importance of the Agency’s tasks and welcomes its efficient and effective performance, which the Committee on Fisheries was able to observe during its visit to the Agency in June 2010 and during its visit on 29-30 October 2012; takes note that during its visit on 29-30 October 2012, important issues such as creating ‘Regional Control Areas’ in order to create European added value were discussed;

         Internal audit

                  16.

                  Welcomes the Agency’s initiative for having set up an internal audit function dedicated to providing support and advice to the Executive Director and management of internal control, risk assessment and internal audit in 2008; notes that the Agency does not employ a full-time Internal Audit Capability (IAC) but shares this service with the European Maritime Safety Agency (EMSA) in Lisbon; acknowledges, to this end, that a service level agreement between the Agency and EMSA was signed on 17 June 2008;

                  17.

                  Notes from the Agency’s IAS that the Agency reviewed both the implementation of internal control standards (2008) and its first follow up (2009); acknowledges that the Agency considers that the results have been adequately and effectively implemented;

                  18.

                  Acknowledges that in 2011, the IAC performed, at the special request of the Executive Director, a limited audit on salary payments in order to assess the internal controls on the salary payment cycle with special emphasis on the documentation of the payment files; notes from the IAS (12) that the IAC also performed an audit focused on inventory management at the Agency, in order to provide the Executive Director with an independent assurance about the adequacy and effective application of the ICS related to the registration of assets;

                  19.

                  Notes from the AAR that the IAS, in line with the 2010-2012 strategic plan, carried out an audit of the budget execution process, as well as an IT risk assessment exercise, in 2010;

                  20.

                  Acknowledges that in 2011, the IAS performed an audit on ‘Capacity Building — Training and Development’ in order to assess and provide the Executive Director and the Administrative Board with an independent assurance concerning the adequacy and effective application of the ICS as regards ‘Capacity Building — Training and Development’;

                  21.

                  Observes from the IAS that in 2011, the IAC also performed a full review of the implementation of the internal control standards within the Agency;

                  22.

                  Notes that the IAS was invited to present the state of play and the IAS strategic plan 2013-2015 to the Board of the Agency, in October 2011;

                  23.

                  Acknowledges from the IAS that the Agency appointed the Internal Control Coordinator in 2011 and established internal guidelines for risk management, including the procedure for the regular review of the ICS and the regular update of the Agency’s risk register; calls, nevertheless, on the Agency to inform the discharge authority of the further actions it has taken and the results achieved;

                  24.

                  Recognises that the Agency has taken the necessary measures on the following issues:

                              —

                              ABAC access rights for the Authorising Officers by Delegation (AODs),

                              —

                              payment delays,

                              —

                              policy for the handling of exceptions and the establishment of a central Register of Exceptions,

                        notes that the two very important recommendations of the IAS, namely the adaptation of ABAC access rights for AODs and the establishment and implementation of a policy for the handling of exceptions and a central Register of Exceptions are now considered closed by the IAS;

                  25.

                  Notes from the Agency’s follow up report (13) that as far as reporting on exceptions is concerned, all the workflows have been documented and checklists are already available for the majority of the processes, the role and duties of each actor involved during a transaction are clearly defined and this, together with timely reporting on exceptions, will ensure adequate follow up on potential irregularities;

                  26.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its Resolution of 17 April 2013 (14) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 86.

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

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

         (4)  OJ L 128, 21.5.2005, p. 1.

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

         (6)  OJ L 286, 17.10.2012, p. 169.

         (7)  Final annual accounts 2011, June 2012, p. 26.

         (8)  Annual Activity Report 2011, p. 125.

         (9)  Final annual accounts 2011, June 2012, p. 27.

         (10)  Final annual accounts 2011, June 2012, p. 18.

         (11)  Annual Activity Report 2011, p. 122.

         (12)  Annual report on internal activity 2011, p. 4.

         (13)  Report on the measures taken in the light of the European Parliament recommendations in its decision of 10 May, 2012, p. 5.

         (14)  Texts adopted, P7_TA(2013)0134 (see page 374 of this Official Journal).


Avis juridique important

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41993D0362

93/362/EEC: Decision of the Council and the Ministers for Health, meeting within the Council of 27 May 1993 concerning the continuation in 1994 of the 1990 to 1994 action plan in the context of the 'Europe against Cancer' programme

Official Journal L 150 , 22/06/1993 P. 0043 - 0043

DECISION OF THE COUNCIL AND THE MINISTERS FOR  HEALTH, MEETING WITHIN THE COUNCIL of 27 May 1993 concerning the continuation in 1994 of the 1990  to 1994 action plan in the context of the 'Europe against Cancer` programme (93/362/EEC)THE COUNCIL AND THE MINISTERS FOR HEALTH, MEETING WITHIN THE COUNCIL, Having regard to the Treaties establishing the European Communities, Having regard to Article 2 (2) of the Decision of 17 May 1990 adopting a 1990 to 1994 action plan  in the context of the 'Europe against Cancer` programme, Whereas a report on the evaluation of the effectiveness of action undertaken in the context of the  'Europe against Cancer` programme (1987 to 1992) has been submitted by the Commission; Whereas it is advisable, without prejudice to the planned evaluation of the action undertaken on  the basis of that report, to continue that action until the conclusion of the current action plan; Whereas regard should be had to the amount of the appropriations entered in the general budget in  1993 for the execution of the aforementioned plan; Whereas it is advisable to provide sufficient budget funds for the 1994 financial year in order to  maintain an activity comparable in size and nature to that conducted during previous years, HAVE DECIDED AS FOLLOWS: Sole Article The overall amount of the Community contribution estimated  necessary for the duration of the 1990 to 1994 action plan shall be raised from ECU 50 million to  ECU 55 million. Done at Brussels, 27 May 1993. The President T. LUND


title: 2006/906/EC: Council Decision of 30 November 2006 establishing the position to be adopted on behalf of the Community within the Food Aid Committee as regards the extension of the Food Aid Convention 1999

text:
               9.12.2006

               EN

               Official Journal of the European Union

               L 346/26

      COUNCIL DECISION

   of 30 November 2006
   establishing the position to be adopted on behalf of the Community within the Food Aid Committee as regards the extension of the Food Aid Convention 1999
   (2006/906/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 181 in conjunction with Article 300(2), second subparagraph, thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Food Aid Convention 1999 (hereinafter the ‘Convention’) was concluded by the Community by Decision 2000/421/EC (1) and extended by decisions of the Food Aid Committee in June 2002, in June 2003 and in June 2005, so as to remain in force until 30 June 2007.

               (2)

               A further one year extension of the Convention is in the interest of both the Community and its Member States. Pursuant to Article XXV(b) of the Convention, that extension is conditional upon the remaining in force, for the same period, of the Grains Trade Convention 1995. The Commission, which represents the Community in the Food Aid Committee, should therefore be authorised by a Council Decision to vote in favour of such extension,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The European Community's position within the Food Aid Committee shall be to vote in favour of the extension of the Food Aid Convention 1999 for a further one year period, on the condition that the Grains Trade Convention 1995 remains in force for the same period.
   The Commission is hereby authorised to express this position within the Food Aid Committee.

      Done at Brussels, 30 November 2006.

            For the Council

            The President

         L. HYSSÄLÄ

      (1)  OJ L 163, 4.7.2000, p. 37.


Avis juridique important

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31977D0532

77/532/EEC: Commission Decision of 29 July 1977 setting up an Advisory Committee on Feedingstuffs

Official Journal L 211 , 19/08/1977 P. 0007 - 0009 Greek special edition: Chapter 03 Volume 19 P. 0076  Spanish special edition: Chapter 03 Volume 13 P. 0039  Portuguese special edition Chapter 03 Volume 13 P. 0039

**** II  ( ACTS WHOSE PUBLICATION IS NOT OBLIGATORY )   COMMISSION    COMMISSION DECISION   OF 29 JULY 1977   SETTING UP AN ADVISORY COMMITTEE ON FEEDINGSTUFFS  ( 77/532/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   WHEREAS THE FEEDINGSTUFFS SECTOR IS OF CONSIDERABLE IMPORTANCE FOR THE DEVELOPMENT OF STOCK REARING IN THE COMMUNITY ;   WHEREAS IT IS NECESSARY TO INTEGRATE THE FACTORS WHICH GOVERN THE PRODUCTION , MARKETING AND CONSUMPTION OF FEEDINGSTUFFS AND TO CONSULT TRADE CIRCLES AND CONSUMERS ON THESE MATTERS ;   WHEREAS THE PROFESSIONAL AND TRADE ASSOCIATIONS CONCERNED WITH FARMING , INDUSTRY , COMMERCE AND WORKERS '  INTERESTS AND ALSO CONSUMER ASSOCIATIONS IN THE MEMBER STATES HAVE ESTABLISHED ORGANIZATIONS AT COMMUNITY LEVEL ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   1 .  THERE IS HEREBY ATTACHED TO THE COMMISSION AN ADVISORY COMMITTEE ON FEEDINGSTUFFS , HEREINAFTER CALLED ' THE COMMITTEE ' .   2 .  THE COMMITTEE SHALL CONSIST OF REPRESENTATIVES OF THE FOLLOWING INTERESTS : AGRICULTURAL PRODUCERS , AGRICULTURAL COOPERATIVES , INDUSTRY , TRADE , WORKERS AND CONSUMERS .   ARTICLE 2   THE COMMITTEE SHALL SET UP :   -  A STANDING WORKING GROUP ON STATISTICS ,   -  A STANDING WORKING GROUP ON PROTEINS ,   -  A STANDING WORKING GROUP ON DEHYDRATED FODDER .   THE COMMITTEE MAY SET UP OTHER WORKING GROUPS TO ASSIST IT IN CARRYING OUT ITS WORK .   ARTICLE 3   1 .  THE COMMITTEE MAY BE CONSULTED BY THE COMMISSION ON ANY PROBLEM CONCERNING THE PRODUCTION , MARKETING OR CONSUMPTION OF FEEDINGSTUFFS .   IT SHALL ORGANIZE AND PREPARE THE WORK OF THE STANDING GROUPS AND OF THE OTHER WORKING GROUPS . IT SHALL ENSURE THAT EACH GROUP IS COMPOSED SOLELY OF REPRESENTATIVES OF THE SECTORS MOST DIRECTLY CONCERNED WITH THE SUBJECT OR SUBJECTS TO BE EXAMINED BY THAT GROUP .   2 .  THE STANDING WORKING GROUP ON STATISTICS SHALL BE RESPONSIBLE FOR EXAMINING THE PROBLEMS OF SUPPLY AND DEMAND IN THE FEEDINGSTUFFS SECTOR .   3 .  THE STANDING GROUP ON PROTEINS SHALL BE RESPONSIBLE FOR EXAMINING THE PROBLEMS OF THE COMMUNITY ' S PROTEIN SUPPLIES .   4 .  THE STANDING WORKING GROUP ON DEHYDRATED FODDER SHALL BE RESPONSIBLE FOR EXAMINING THE APPLICATION OF THE RULES ON THE COMMON ORGANIZATION OF THE MARKET IN DEHYDRATED FODDER , AND IN PARTICULAR THE MEASURES WHICH THE COMMISSION TAKES UNDER THESE RULES .   5 .  THE WORKING GROUPS SHALL REPORT TO THE COMMITTEE ON THE RESULTS OF THEIR WORK .   THE WORKING GROUPS SHALL APPOINT A CHAIRMAN AND A RAPPORTEUR .   6 .  THE CHAIRMAN OF THE COMMITTEE MAY INDICATE TO THE COMMISSION THE DESIRABILITY OF CONSULTING THE COMMITTEE ON ANY MATTER WITHIN THE LATTER ' S COMPETENCE BUT ON WHICH ITS OPINION HAS NOT BEEN SOUGHT . HE SHALL DO SO , IN PARTICULAR , AT THE REQUEST OF ONE OF THE INTERESTS REPRESENTED .   ARTICLE 4   1 .  THE COMMITTEE SHALL COMPRISE 26 MEMBERS .   2 .  SEATS ON THE COMMITTEE SHALL BE ALLOCATED AS FOLLOWS :   -  13 TO PRODUCERS AND TO AGRICULTURAL COOPERATIVES , INCLUDING FIVE TO AGRICULTURAL COOPERATIVES ,   -  FOUR TO INDUSTRY ,   -  THREE TO TRADE ,   -  THREE TO WORKERS ,   -  THREE TO CONSUMERS .   ARTICLE 5   1 .  MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE COMMISSION ON PROPOSALS FROM THE TRADE AND WORKERS ' ORGANIZATIONS SET UP AT COMMUNITY LEVEL WHICH ARE MOST REPRESENTATIVE OF THE INTERESTS SPECIFIED IN ARTICLE 1 ( 2 ); NEVERTHELESS , THE CONSUMERS '  REPRESENTATIVES SHALL BE APPOINTED ON A PROPOSAL FROM THE CONSUMERS '  ADVISORY COMMITTEE SET UP BY THE COMMISSION DECISION OF 25 SEPTEMBER 1973 .   THE SAID BODIES SHALL PUT FORWARD TWO CANDIDATES OF DIFFERENT NATIONALITY IN RESPECT OF EACH SEAT TO BE FILLED , EACH FROM A DIFFERENT MEMBER STATE OF THE COMMUNITY .   2 .  THE TERM OF OFFICE OF A MEMBER OF THE COMMITTEE SHALL BE THREE YEARS AND SHALL BE RENEWABLE . MEMBERS SHALL NOT BE REMUNERATED FOR THEIR SERVICES .   AFTER THE EXPIRY OF THE THREE-YEAR PERIOD , MEMBERS OF THE COMMITTEE SHALL REMAIN IN OFFICE UNTIL THEY ARE REPLACED OR UNTIL THEIR APPOINTMENTS ARE RENEWED .   A MEMBER ' S TERM OF OFFICE MAY BE TERMINATED BEFORE THE EXPIRY OF THE THREE-YEAR PERIOD BY RESIGNATION OR DEATH .   IT MAY ALSO BE TERMINATED WHEN THE BODY WHICH PROPOSED HIM REQUESTS THAT HE BE REPLACED .   HE SHALL THEN BE REPLACED FOR THE REMAINDER OF THE SAID TERM OF OFFICE IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPH 1 .   3 .  A LIST OF THE MEMBERS SHALL BE PUBLISHED BY THE COMMISSION FOR INFORMATION PURPOSES IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   ARTICLE 6   THE COMMITTEE SHALL ELECT A CHAIRMAN AND TWO VICE-CHAIRMEN FOR A TERM OF THREE YEARS . ON A FIRST BALLOT THE ELECTIONS SHALL REQUIRE A TWO-THIRDS MAJORITY OF THE MEMBERS PRESENT AND ON SUBSEQUENT BALLOTS A SIMPLE MAJORITY OF THE MEMBERS PRESENT .   THE VICE-CHAIRMEN SHALL BE CHOSEN FROM AMONG THE REPRESENTATIVES OF THE INTERESTS OTHER THAN THAT OF THE CHAIRMAN .   THE COMMITTEE MAY , BY THE SAME PROCEDURE , ELECT FURTHER OFFICERS FROM AMONG THE OTHER MEMBERS . IN THAT CASE , THE OFFICERS OTHER THAN THE CHAIRMAN SHALL COMPRISE AT LEAST ONE REPRESENTATIVE OF EACH INTEREST REPRESENTED ON THE COMMITTEE .   THE OFFICERS SHALL PREPARE AND ORGANIZE THE WORK OF THE COMMITTEE .   ARTICLE 7   AT THE REQUEST OF ANY OF THE INTERESTS REPRESENTED , THE CHAIRMAN MAY INVITE A PERSON DELEGATED BY THE INTEREST CONCERNED TO BE PRESENT AT MEETINGS OF THE COMMITTEE .   HE MAY ALSO INVITE ANY PERSON WITH SPECIAL QUALIFICATIONS IN ANY SUBJECT ON THE AGENDA TO TAKE PART IN AN EXPERT CAPACITY IN THE WORK OF THE COMMITTEE . SUCH EXPERTS SHALL TAKE PART ONLY IN DISCUSSIONS OF THE ITEM FOR WHICH THEY ARE INVITED .   ARTICLE 8   1 .  THE COMMITTEE SHALL BE CONVENED BY THE COMMISSION AND SHALL MEET AT COMMISSION HEADQUARTERS . MEETINGS OF THE OFFICERS SHALL BE CONVENED BY THE CHAIRMAN IN AGREEMENT WITH THE COMMISSION .   2 .  REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED SHALL TAKE PART IN MEETINGS OF THE COMMITTEE , ITS OFFICERS AND THE WORKING GROUPS .   3 .  SECRETARIAL SERVICES FOR THE COMMITTEE , ITS OFFICERS AND WORKING GROUPS SHALL BE PROVIDED BY THE COMMISSION .   ARTICLE 9   THE COMMITTEE SHALL DISCUSS MATTERS ON WHICH THE COMMISSION HAS REQUESTED AN OPINION . NO VOTE SHALL BE TAKEN .   THE COMMISSION MAY , WHEN SEEKING THE OPINION OF THE COMMITTEE , SET A TIME LIMIT WITHIN WHICH SUCH OPINION SHALL BE GIVEN .   THE VIEWS EXPRESSED BY THE VARIOUS INTERESTS REPRESENTED SHALL BE INCLUDED IN A REPORT FORWARDED TO THE COMMISSION .   IN THE EVENT OF UNANIMOUS AGREEMENT BEING REACHED IN THE COMMITTEE ON THE OPINION TO BE GIVEN , THE COMMITTEE SHALL FORMULATE JOINT CONCLUSIONS WHICH SHALL BE ANNEXED TO THE REPORT .   THE RESULTS OF THE COMMITTEE ' S DISCUSSIONS SHALL ON REQUEST BE COMMUNICATED BY THE COMMISSION TO THE COUNCIL AND TO THE MANAGEMENT COMMITTEES .   ARTICLE 10   WITHOUT PREJUDICE TO ARTICLE 214 OF THE TREATY MEMBERS OF THE COMMITTEE SHALL , IF THE COMMISSION INFORMS THEM THAT THE OPINION REQUESTED OR THE QUESTION RAISED IS ON A MATTER OF A CONFIDENTIAL NATURE , BE UNDER AN OBLIGATION NOT TO DISCLOSE INFORMATION WHICH HAS COME TO THEIR KNOWLEDGE THROUGH THE WORK OF THE COMMITTEE OR OF ITS WORKING GROUPS .   IN SUCH CASES , ONLY COMMITTEE MEMBERS AND REPRESENTATIVES OF THE COMMISSION DEPARTMENTS MAY BE PRESENT AT MEETINGS .   ARTICLE 11   THIS DECISION SHALL ENTER INTO FORCE ON 1 AUGUST 1977 .   DONE AT BRUSSELS , 29 JULY 1977 .   FOR THE COMMISSION   FINN GUNDELACH   VICE-PRESIDENT


title: Council Decision 2013/160/CFSP of 27 March 2013 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe

text:
               28.3.2013

               EN

               Official Journal of the European Union

               L 90/95

         COUNCIL DECISION 2013/160/CFSP
   of 27 March 2013
   amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 29 thereof,
   Whereas:

               (1)

               On 15 February 2011, the Council adopted Decision 2011/101/CFSP (1).

               (2)

               On 23 July 2012 and 18 February 2013, the Council concluded that a peaceful and credible constitutional referendum in Zimbabwe would represent an important milestone in the preparation of democratic elections justifying an immediate suspension of the majority of all remaining Union targeted restrictive measures against individuals and entities.

               (3)

               In view of the outcome of the Zimbabwean constitutional referendum of 16 March 2013, the Council has decided to suspend the travel ban and asset freeze applying to the majority of the individuals and entities set out in Annex I to Decision 2011/101/CFSP. The suspension should be subject to a review by the Council every three months in light of the situation on the ground.

               (4)

               Decision 2011/101/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2011/101/CFSP is hereby amended as follows:

               (1)

               in Article 10, paragraph 3 is replaced by the following:
               ‘3.   The measures referred to in Article 4(1) and Article 5(1) and (2), in so far as they apply to persons and entities listed in Annex II, shall be suspended until 20 February 2014. The suspension shall be reviewed every three months.’;

               (2)

               Annex II shall be replaced by the text set out in the Annex to this Decision.

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

      Done at Brussels, 27 March 2013.

            For the Council

            The President

         E. GILMORE

      (1)  OJ L 42, 16.2.2011, p. 6.

      ANNEX

            ‘ANNEX II

               PERSONS AND ENTITES REFERRED TO IN ARTICLE 10(3)

            I.   Persons

                        Name (and any aliases)

                        1.

                        Abu Basutu, Titus MJ

                        2.

                        Buka (a.k.a. Bhuka), Flora

                        3.

                        Bvudzijena, Wayne

                        4.

                        Charamba, George

                        5.

                        Chidarikire, Faber Edmund

                        6.

                        Chigwedere, Aeneas Soko

                        7.

                        Chihota, Phineas

                        8.

                        Chinamasa, Patrick Anthony

                        9.

                        Chindori-Chininga, Edward Takaruza

                        10.

                        Chinotimba, Joseph

                        11.

                        Chipwere, Augustine

                        12.

                        Chombo, Ignatius Morgan Chiminya

                        13.

                        Dinha, Martin

                        14.

                        Goche, Nicholas Tasunungurwa

                        15.

                        Gono, Gideon

                        16.

                        Gurira, Cephas T.

                        17.

                        Gwekwerere, Stephen

                        18.

                        Kachepa, Newton

                        19.

                        Karakadzai, Mike Tichafa

                        20.

                        Kasukuwere, Saviour

                        21.

                        Kazangarare, Jawet

                        22.

                        Khumalo, Sibangumuzi

                        23.

                        Kunonga, Nolbert (a.k.a. Nobert)

                        24.

                        Kwainona, Martin

                        25.

                        Langa, Andrew

                        26.

                        Mabunda, Musarashana

                        27.

                        Machaya, Jason (a.k.a. Jaison) Max Kokerai

                        28.

                        Made, Joseph Mtakwese

                        29.

                        Madzongwe, Edna (a.k.a. Edina)

                        30.

                        Maluleke, Titus

                        31.

                        Mangwana, Paul Munyaradzi

                        32.

                        Marumahoko, Reuben

                        33.

                        Masuku, Angeline

                        34.

                        Mathema, Cain Ginyilitshe Ndabazekhaya

                        35.

                        Mathuthu, Thokozile

                        36.

                        Matibiri, Innocent Tonderai

                        37.

                        Matiza, Joel Biggie

                        38.

                        Matonga, Brighton

                        39.

                        Mhandu, Cairo (a.k.a. Kairo)

                        40.

                        Mhonda, Fidellis

                        41.

                        Midzi, Amos Bernard (Mugenva)

                        42.

                        Mnangagwa, Emmerson Dambudzo

                        43.

                        Mohadi, Kembo Campbell Dugishi

                        44.

                        Moyo, Jonathan

                        45.

                        Moyo, Sibusio Bussie

                        46.

                        Moyo, Simon Khaya

                        47.

                        Mpofu, Obert Moses

                        48.

                        Muchena, Henry

                        49.

                        Muchena, Olivia Nyembesi (a.k.a. Nyembezi)

                        50.

                        Muchinguri, Oppah Chamu Zvipange

                        51.

                        Mudede, Tobaiwa (a.k.a. Tonneth)

                        52.

                        Mujuru, Joyce Teurai Ropa

                        53.

                        Mumbengegwi, Simbarashe Simbanenduku

                        54.

                        Murerwa, Herbert Muchemwa

                        55.

                        Musariri, Munyaradzi

                        56.

                        Mushohwe, Christopher Chindoti

                        57.

                        Mutezo, Munacho

                        58.

                        Mutinhiri, Ambros (a.k.a. Ambrose)

                        59.

                        Mzembi, Walter

                        60.

                        Mzilikazi, Morgan S.

                        61.

                        Nguni, Sylvester

                        62.

                        Nhema, Francis

                        63.

                        Nyanhongo, Magadzire Hubert

                        64.

                        Nyoni, Sithembiso Gile Glad

                        65.

                        Rugeje, Engelbert Abel

                        66.

                        Rungani, Victor TC

                        67.

                        Sakupwanya, Stanley

                        68.

                        Savanhu, Tendai

                        69.

                        Sekeramayi, Sydney (a.k.a. Sidney) Tigere

                        70.

                        Sekeremayi, Lovemore

                        71.

                        Shamu, Webster Kotiwani

                        72.

                        Shamuyarira, Nathan Marwirakuwa

                        73.

                        Shungu, Etherton

                        74.

                        Sibanda, Chris

                        75.

                        Sibanda, Misheck Julius Mpande

                        76.

                        Sigauke, David

                        77.

                        Sikosana, Absolom

                        78.

                        Tarumbwa, Nathaniel Charles

                        79.

                        Tomana, Johannes

                        80.

                        Veterai, Edmore

                        81.

                        Zimondi, Paradzai

            II.   Entities

                        Name

                        1.

                        Cold Comfort Farm Trust Co-operative

                        2.

                        Comoil (PVT) Ltd

                        3.

                        Famba Safaris

                        4.

                        Jongwe Printing and Publishing Company (PVT) Ltd (a.k.a. Jongwe Printing and Publishing Co., a.k.a. Jongwe Printing and Publishing Company)

                        5.

                        M & S Syndicate (PVT) Ltd

                        6.

                        OSLEG Ltd (a.k.a Operation Sovereign Legitimacy)

                        7.

                        Swift Investments (PVT) Ltd

                        8.

                        Zidco Holdings (a.k.a. Zidco Holdings (PVT) Ltd)’