Avis juridique important

|

32001D0566

2001/566/EC: Decision of the European Central Bank of 5 July 2001 amending Decision ECB/1998/4 on the adoption of the conditions of employment of staff of the European Central Bank (ECB/2001/6)

Official Journal L 201 , 26/07/2001 P. 0025 - 0025

Decision of the European Central Bankof 5 July 2001amending Decision ECB/1998/4 on the adoption of the conditions of employment of staff of the European Central Bank(ECB/2001/6)(2001/566/EC)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Statute of the European system of central banks and of the European Central Bank (hereinafter referred to as the "Statute") and in particular Article 36.1 thereof,Having regard to the proposal of the Executive Board of the European Central Bank (ECB),Having regard to the contribution of the General Council of the ECB,Whereas:(1) The Statute attributes to the Governing Council of the ECB, acting on a proposal from the Executive Board of the ECB, the task of laying down and, where necessary, amending the conditions of employment of Staff of the ECB (hereinafter referred to as the "conditions of employment").(2) Decision ECB/1998/4 of 9 June 1998 on the adoption of the conditions of employment of staff of the European Central Bank as amended on 31 March 1999(1) (hereinafter referred to as "Decision ECB/1998/4"), contains rules governing the employment relations between the ECB and its staff.(3) In accordance with the policy of transparency followed by the ECB, the conditions of employment of staff of the ECB shall be made available to all interested parties.(4) Public access to the conditions of employment would be facilitated significantly by making them available on the website of the ECB (http://www.ecb.int),HAS DECIDED AS FOLLOWS:Article 1Article 2 of Decision ECB/1998/4 shall be repealed. A new Article 2 shall be inserted, reading as follows: "For information to all interested parties, the conditions of employment of Staff of the ECB shall be accessible to the public on the website of the ECB (http://www.ecb.int)."Article 2This Decision shall be published in the Official Journal of the European Communities.Done at Frankfurt am Main, 5 July 2001.The President of the ECBWillem F. Duisenberg(1) OJ L 125, 19.5.1999, p. 32.


Important legal notice

|

32001D0778

2001/778/EC: Council Decision of 6 November 2001 amending Decision 2000/24/EC so as to extend the Community guarantee granted to the European Investment Bank to cover loans for projects in the Federal Republic of Yugoslavia

Official Journal L 292 , 09/11/2001 P. 0043 - 0044

Council Decisionof 6 November 2001amending Decision 2000/24/EC so as to extend the Community guarantee granted to the European Investment Bank to cover loans for projects in the Federal Republic of Yugoslavia(2001/778/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal from the Commission,Having regard to the Opinion of the European Parliament(1),Whereas:(1) Recent political developments in the Federal Republic of Yugoslavia (FRY) have led to the establishment of democratic governments and the FRY has undertaken commitments to political and economic reform programmes in line with the conditions of the European Union's Stabilisation and Association process for the countries of south-eastern Europe.(2) On 9 October 2000, the General Affairs Council agreed to lift the sanctions applied to Serbia and to integrate the FRY fully in the Stabilisation and Association process.(3) The FRY is currently facing severe economic and financial challenges, with difficulties common to the transition economies being compounded by the aftermath of armed conflicts and sanctions.(4) It is important to demonstrate the European Union's support to the FRY at this moment in implementing its political and economic reform programme, by supporting the FRY's investment activities in infrastructure and private sector development.(5) It is therefore appropriate to provide a guarantee mandate to the European Investment Bank (EIB) to allow it to sign loan operations in the FRY.(6) The EIB has indicated its ability and willingness to extend loans from its own resources in the FRY, in accordance with its Statute.(7) EIB lending, under the Community guarantee, should be conditional upon clearance in full of all outstanding due financial obligations of all public entities of the FRY towards the European Communities and the EIB and upon the acceptance by the FRY of responsibility by way of guarantee of those obligations that are not yet due. The EIB applies in this case as in all other cases best banking practices to its lending under the Community guarantee, including not entering into new commitments involving borrowers or guarantors who fall into arrears in their obligations for debt to the EIB.(8) The FRY has, in October 2001, cleared all its arrears outstanding as of that date towards the European Communities and the EIB.Furthermore, the FRY Parliament has, in September 2001, ratified an agreement with the EIB, whereby the FRY has assumed responsibility for all financial obligations of all public entities of the FRY towards the EIB that are not yet due.(9) On 31 October 1994 the Council adopted Regulation (EC, Euratom) No 2728/94 establishing a Guarantee Fund for external actions(2).(10) The global guarantee covering the general EIB external lending mandate laid down in Council Decision 2000/24/EC of 22 December 1999 granting a Community guarantee to the European Investment Bank against losses under loans for projects outside the Community (Central and Eastern Europe, Mediterranean countries, Latin America and Asia and the Republic of South Africa)(3) should be extended to the FRY and the loan ceilings increased. Decision 2000/24/EC should therefore be amended accordingly.(11) The Treaty does not provide, for the adoption of this Decision, powers other than those under Article 308,HAS DECIDED AS FOLLOWS:Article 1Article 1 of Decision 2000/24/EC is hereby amended as follows:1. the second sentence of the second subparagraph of paragraph 1 shall be amended as follows:(a) in the introductory phrase "EUR 19110 million" shall be replaced by "EUR 19460 million";(b) in the first indent "EUR 8930 million" shall be replaced by "EUR 9280 million";2. in the first indent of paragraph 2, "Federal Republic of Yugoslavia" shall be inserted after "Estonia".Article 2This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 6 November 2001.For the CouncilThe PresidentD. Reynders(1) Opinion delivered on 4 October 2001 (not yet published in the Official Journal).(2) OJ L 293, 12.11.1994, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1149/1999 (OJ L 139, 2.6.1999, p. 1).(3) OJ L 9, 13.1.2000, p. 24. Decision as last amended by Decision 2000/788/EC (OJ L 314, 14.12.2000, p. 27).


Avis juridique important

|

31991D0196

91/196/ECSC, EEC, Euratom: Commission Decision of 19 March 1991 adjusting the weightings applicable from 1 December 1990 to the remuneration of officials of the European Communities serving in non-member countries

Official Journal L 094 , 16/04/1991 P. 0031 - 0032

COMMISSION DECISION  of 19 March 1991  adjusting the weightings applicable from 1 December 1990 to the remuneration of officials of the European Communities serving in non-member countries  (91/196/ECSC, EEC, Euratom) THE COMMISSION OF  THE EUROPEAN COMMUNITIES,  Havig regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,  Having regard to the Staff Regulations of the Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (Euratom, ECSC, EEC) No 3736/90 (2), and in particular the second paragraph of  Article 13 of Annex X thereto,  Whereas pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations Council Regulation No 3912/90 (3) laid down the weightings to be applied from 1 July 1990 to the remuneration of officials serving in non-member countries payable  in the currency of their country of employment;  Whereas the Commission has made a number of adjustments to these weightings in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations;  Whereas, some of these weightings should be adjusted with effect from 1 December 1990 given that the statistics available to the Commission show that in certain non-member 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 adjusted;  DECIDES:  Sole Article  With effect from 1 December 1990 the weightings applicable to the remuneration of officials serving in non-member countries payable in the currency of their country of employment are adjusted as shown in the Annex.  The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect. Done at Brussels, 19 March 1991. For the  Commission  António CARDOSO E CUNHA  Member of the Commission  (1) OJ No L 56, 4. 3. 1968, p. 1. (2) OJ No L 360, 22. 12. 1990, p. 1. (3) OJ No L 375, 31. 12. 1990, p. 3.    ANNEX    Country of employment  Weightings applicable with effect from 1 December 1990     Argentina  90.7300000  Brazil  38,5700000  Costa Rica  54,5900000  Dominican Republic  32,9900000  Egypt  49,1100000  Gambia  64,6600000  Guyana  8,9200000  Jordan   62,6000000  Peru  182,3100000  Poland  18,0800000  Sudan  161,8300000  Trinidad  70,9500000  Turkey  50,1200000


title: 2010/762/EU: Decision of the Representatives of the Governments of the Member States, meeting within the Council of 25 February 2010 determining the seat of the European Asylum Support Office

text:
               9.12.2010

               EN

               Official Journal of the European Union

               L 324/47

         DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL
   of 25 February 2010
   determining the seat of the European Asylum Support Office
   (2010/762/EU)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, MEETING WITHIN THE COUNCIL,
   Whereas:

               (1)

               Regulation (EU) No 439/2010 (1) of the European Parliament and of the Council establishes a European Asylum Support Office.

               (2)

               It is necessary to determine the seat of the European Asylum Support Office,

         HAVE ADOPTED THIS DECISION:
   Article 1
   The European Asylum Support Office shall have its seat at Valletta Harbour.
   Article 2
   This Decision shall enter into force on 18 June 2010.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 25 February 2010.

            For the Council

            The President

         A. PÉREZ RUBALCABA

      (1)  OJ L 132, 29.5.2010, p. 11.


Avis juridique important

|

31989D0557

89/557/EEC: Council Decision of 10 October 1989 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Kingdom of Norway on research and development in the field of the protection of the environment

Official Journal L 304 , 20/10/1989 P. 0001

COUNCIL DECISION of 10 October 1989 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Kingdom of Norway on research and development in the field of the protection of the environment (89/557/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas by its Decision 86/234/EEC (3), the Council adopted multiannual research and development programmes in the field of the environment (1986 to 1990), which include a programme on the protection of the environment; whereas Article 6 of that  Decision authorizes the Commission to negotiate agreements with third States, in particular those involved in European cooperation in the field of scientific and technical research (COST), with a view to associating them wholly or partly with these  programmes;  Whereas, by Decision 87/177/EEC (4), the Council approved the conclusion on behalf of the European Economic Community of the Framework Agreement for scientific and technical cooperation between the European Communities and, among others, the Kingdom of  Norway;  Whereas the Agreement referred to in this Decision should be approved;  Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,  HAS DECIDED AS FOLLOWS:    Sole Article The Cooperation Agreement between the European Economic Community and the Kingdom of Norway on research and development in the field of the protection of the environment, is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  The President of the Council shall give the notification provided for in Article 11 of the Agreement (5).   Done at Luxembourg, 10 October 1989.  For the Council The President F. DOUBIN   (1) OJ No C 298, 23. 11. 1988, p. 10. (2) OJ No C 120, 16. 5. 1989, p. 314. (3) OJ No L 159, 14. 6. 1986, p. 31. (4) OJ No L 71, 14. 3. 1987, p. 29. (5) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: Council Decision of 20 June 2011 on the approval, on behalf of the European Union, of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing

text:
               22.7.2011

               EN

               Official Journal of the European Union

               L 191/1

         COUNCIL DECISION
   of 20 June 2011
   on the approval, on behalf of the European Union, of the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing
   (2011/443/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(6)(a), thereof
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The European Union is competent to adopt measures for the conservation, management and control of fishery resources; it is also competent to enter into agreements with third countries and within the framework of international organisations.

               (2)

               The European Union is a contracting party to the United Nations Convention on the Law of the Sea of 10 December 1982, which, inter alia, requires all members of the international community to cooperate in managing and conserving the biological resources of the sea.

               (3)

               The European Union and its Members are Contracting Parties to the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention of the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, which entered into force on 11 December 2001.

               (4)

               The Food and Agriculture Organisation (FAO) Conference approved, at its Thirty Sixth Session held in Rome on 18-23 November 2009, the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (hereinafter ‘the Agreement’) in accordance with Article XIV, paragraph 1, of the FAO Constitution, for submission to FAO Members.

               (5)

               The Agreement was signed on 22 November 2009 on behalf of the European Community, subject to its conclusion at a later date.

               (6)

               The Union is a major player in international fisheries and one of the main global markets for fishery products and it is in its interest to play an effective role in the implementation of the Agreement and to approve the Agreement.

               (7)

               The Agreement should therefore be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (hereinafter ‘the Agreement’) is hereby approved on behalf of the Union.
   The text of the Agreement and the Declaration concerning the competence of the Union are attached to this Decision.
   Article 2
   The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union, to deposit the instrument of approval with the Director-General of the Food and Agriculture Organisation of the United Nations acting in his capacity as Depositary of the Agreement in accordance with Article 26 of the Agreement, together with the Declaration concerning the competence of the Union.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 20 June 2011.

            For the Council

            The President

         MATOLCSY Gy.

   DECLARATION CONCERNING THE COMPETENCE OF THE EUROPEAN UNION WITH REGARD TO MATTERS GOVERNED BY THE AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING
   (Declaration made pursuant to point (a) of Article 28(2) of the Agreement)

               1.

               Point (a) of Article 28(2) of the Agreement stipulates that in cases where a regional economic integration organisation has competence over all the matters governed by this Agreement, at the time of signature or accession, such organisation shall make a declaration to this effect.

               2.

               Pursuant to point (h) of Article 1 of the Agreement a ‘regional economic integration organisation’ means a regional economic integration organisation to which its member States have transferred competence over matters covered by the Agreement, including the authority to make decisions binding on its member States in respect of those matters.

               3.

               The European Union is considered a regional economic integration organisation in accordance with the above quoted Articles.

               4.

               Consequently, the European Union hereby declares that:

                           (i)

                           it has competence over all the matters governed by the Agreement;

                           (ii)

                           for this reason, its Member States shall not become State Parties, except in respect of their territories for which it has no responsibility.
                           The current Member States of the European Union are: the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland;

                           (iii)

                           the European Union accepts the rights and obligations of States under the Agreement.

               5.

               The European Union states that, in the event of the occurrence of a conflict as referred to in Article 28(2)(c) of the Agreement, it will apply the obligations stemming from that provision in accordance with the Treaty establishing the European Community as interpreted by the European Court of Justice.

          ---documentbreak---

               22.7.2011

               EN

               Official Journal of the European Union

               L 191/3

         AGREEMENT
   on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing
   PREAMBLE
   THE PARTIES TO THIS AGREEMENT,
   DEEPLY CONCERNED about the continuation of illegal, unreported and unregulated fishing and its detrimental effect upon fish stocks, marine ecosystems and the livelihoods of legitimate fishers, and the increasing need for food security on a global basis,
   CONSCIOUS of the role of the port State in the adoption of effective measures to promote the sustainable use and the long-term conservation of living marine resources,
   RECOGNISING that measures to combat illegal, unreported and unregulated fishing should build on the primary responsibility of flag States and use all available jurisdiction in accordance with international law, including port State measures, coastal State measures, market related measures and measures to ensure that nationals do not support or engage in illegal, unreported and unregulated fishing,
   RECOGNISING that port State measures provide a powerful and cost-effective means of preventing, deterring and eliminating illegal, unreported and unregulated fishing,
   AWARE OF the need for increasing coordination at the regional and interregional levels to combat illegal, unreported and unregulated fishing through port State measures,
   ACKNOWLEDGING the rapidly developing communications technology, databases, networks and global records that support port State measures,
   RECOGNISING the need for assistance to developing countries to adopt and implement port State measures,
   TAKING NOTE OF the calls by the international community through the United Nations System, including the United Nations General Assembly and the Committee on Fisheries of the Food and Agriculture Organisation of the United Nations, hereinafter referred to as FAO, for a binding international instrument on minimum standards for port State measures, based on the 2001 FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing and the 2005 FAO Model Scheme on Port State Measures to Combat Illegal, Unreported and Unregulated Fishing,
   BEARING IN MIND that, in the exercise of their sovereignty over ports located in their territory, States may adopt more stringent measures, in accordance with international law,
   RECALLING the relevant provisions of the United Nations Convention on the Law of the Sea of 10 December 1982, hereinafter referred to as the Convention,
   RECALLING the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks of 4 December 1995, the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas of 24 November 1993 and the 1995 FAO Code of Conduct for Responsible Fisheries,
   RECOGNISING the need to conclude an international agreement within the framework of FAO, under Article XIV of the FAO Constitution,
   HAVE AGREED AS FOLLOWS:
   PART 1

      GENERAL PROVISIONS

   Article 1
   Use of terms
   For the purposes of this Agreement:

               (a)

               ‘conservation and management measures’ means measures to conserve and manage living marine resources that are adopted and applied consistently with the relevant rules of international law including those reflected in the Convention;

               (b)

               ‘fish’ means all species of living marine resources, whether processed or not;

               (c)

               ‘fishing’ means searching for, attracting, locating, catching, taking or harvesting fish or any activity which can reasonably be expected to result in the attracting, locating, catching, taking or harvesting of fish;

               (d)

               ‘fishing related activities’ means any operation in support of, or in preparation for, fishing, including the landing, packaging, processing, transshipping or transporting of fish that have not been previously landed at a port, as well as the provisioning of personnel, fuel, gear and other supplies at sea;

               (e)

               ‘illegal, unreported and unregulated fishing’ refers to the activities set out in paragraph 3 of the 2001 FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, hereinafter referred to as IUU fishing;

               (f)

               ‘Party’ means a State or regional economic integration organisation that has consented to be bound by this Agreement and for which this Agreement is in force;

               (g)

               ‘port’ includes offshore terminals and other installations for landing, transshipping, packaging, processing, refueling or resupplying;

               (h)

               ‘regional economic integration organisation’ means a regional economic integration organisation to which its member States have transferred competence over matters covered by this Agreement, including the authority to make decisions binding on its member States in respect of those matters;

               (i)

               ‘regional fisheries management organisation’ means an intergovernmental fisheries organisation or arrangement, as appropriate, that has the competence to establish conservation and management measures; and

               (j)

               ‘vessel’ means any vessel, ship of another type or boat used for, equipped to be used for, or intended to be used for, fishing or fishing related activities.

         Article 2
   Objective
   The objective of this Agreement is to prevent, deter and eliminate IUU fishing through the implementation of effective port State measures, and thereby to ensure the long-term conservation and sustainable use of living marine resources and marine ecosystems.
   Article 3
   Application
   1.   Each Party shall, in its capacity as a port State, apply this Agreement in respect of vessels not entitled to fly its flag that are seeking entry to its ports or are in one of its ports, except for:

               (a)

               vessels of a neighbouring State that are engaged in artisanal fishing for subsistence, provided that the port State and the flag State cooperate to ensure that such vessels do not engage in IUU fishing or fishing related activities in support of such fishing; and

               (b)

               container vessels that are not carrying fish or, if carrying fish, only fish that have been previously landed, provided that there are no clear grounds for suspecting that such vessels have engaged in fishing related activities in support of IUU fishing.

         2.   A Party may, in its capacity as a port State, decide not to apply this Agreement to vessels chartered by its nationals exclusively for fishing in areas under its national jurisdiction and operating under its authority therein. Such vessels shall be subject to measures by the Party which are as effective as measures applied in relation to vessels entitled to fly its flag.
   3.   This Agreement shall apply to fishing conducted in marine areas that is illegal, unreported or unregulated, as defined in Article 1(e) of this Agreement, and to fishing related activities in support of such fishing.
   4.   This Agreement shall be applied in a fair, transparent and non-discriminatory manner, consistent with international law.
   5.   As this Agreement is global in scope and applies to all ports, the Parties shall encourage all other entities to apply measures consistent with its provisions. Those that may not otherwise become Parties to this Agreement may express their commitment to act consistently with its provisions.
   Article 4
   Relationship with international law and other international instruments
   1.   Nothing in this Agreement shall prejudice the rights, jurisdiction and duties of Parties under international law. In particular, nothing in this Agreement shall be construed to affect:

               (a)

               the sovereignty of Parties over their internal, archipelagic and territorial waters or their sovereign rights over their continental shelf and in their exclusive economic zones;

               (b)

               the exercise by Parties of their sovereignty over ports in their territory in accordance with international law, including their right to deny entry thereto as well as to adopt more stringent port State measures than those provided for in this Agreement, including such measures adopted pursuant to a decision of a regional fisheries management organisation.

         2.   In applying this Agreement, a Party does not thereby become bound by measures or decisions of, or recognise, any regional fisheries management organisation of which it is not a member.
   3.   In no case is a Party obliged under this Agreement to give effect to measures or decisions of a regional fisheries management organisation if those measures or decisions have not been adopted in conformity with international law.
   4.   This Agreement shall be interpreted and applied in conformity with international law taking into account applicable international rules and standards, including those established through the International Maritime Organisation, as well as other international instruments.
   5.   Parties shall fulfil in good faith the obligations assumed pursuant to this Agreement and shall exercise the rights recognised herein in a manner that would not constitute an abuse of right.
   Article 5
   Integration and coordination at the national level
   Each Party shall, to the greatest extent possible:

               (a)

               integrate or coordinate fisheries related port State measures with the broader system of port State controls;

               (b)

               integrate port State measures with other measures to prevent, deter and eliminate IUU fishing and fishing related activities in support of such fishing, taking into account as appropriate the 2001 FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing; and

               (c)

               take measures to exchange information among relevant national agencies and to coordinate the activities of such agencies in the implementation of this Agreement.

         Article 6
   Cooperation and exchange of information
   1.   In order to promote the effective implementation of this Agreement and with due regard to appropriate confidentiality requirements, Parties shall cooperate and exchange information with relevant States, FAO, other international organisations and regional fisheries management organisations, including on the measures adopted by such regional fisheries management organisations in relation to the objective of this Agreement.
   2.   Each Party shall, to the greatest extent possible, take measures in support of conservation and management measures adopted by other States and other relevant international organisations.
   3.   Parties shall cooperate, at the subregional, regional and global levels, in the effective implementation of this Agreement including, where appropriate, through FAO or regional fisheries management organisations and arrangements.
   PART 2

      ENTRY INTO PORT

   Article 7
   Designation of ports
   1.   Each Party shall designate and publicise the ports to which vessels may request entry pursuant to this Agreement. Each Party shall provide a list of its designated ports to FAO, which shall give it due publicity.
   2.   Each Party shall, to the greatest extent possible, ensure that every port designated and publicised in accordance with paragraph 1 of this Article has sufficient capacity to conduct inspections pursuant to this Agreement.
   Article 8
   Advance request for port entry
   1.   Each Party shall require, as a minimum standard, the information requested in Annex A to be provided before granting entry to a vessel to its port.
   2.   Each Party shall require the information referred to in paragraph 1 of this Article to be provided sufficiently in advance to allow adequate time for the port State to examine such information.
   Article 9
   Port entry, authorisation or denial
   1.   After receiving the relevant information required pursuant to Article 8, as well as such other information as it may require to determine whether the vessel requesting entry into its port has engaged in IUU fishing or fishing related activities in support of such fishing, each Party shall decide whether to authorise or deny the entry of the vessel into its port and shall communicate this decision to the vessel or to its representative.
   2.   In the case of authorisation of entry, the master of the vessel or the vessel’s representative shall be required to present the authorisation for entry to the competent authorities of the Party upon the vessel’s arrival at port.
   3.   In the case of denial of entry, each Party shall communicate its decision taken pursuant to paragraph 1 of this Article to the flag State of the vessel and, as appropriate and to the extent possible, relevant coastal States, regional fisheries management organisations and other international organisations.
   4.   Without prejudice to paragraph 1 of this Article, when a Party has sufficient proof that a vessel seeking entry into its port has engaged in IUU fishing or fishing related activities in support of such fishing, in particular the inclusion of a vessel on a list of vessels having engaged in such fishing or fishing related activities adopted by a relevant regional fisheries management organisation in accordance with the rules and procedures of such organisation and in conformity with international law, the Party shall deny that vessel entry into its ports, taking into due account paragraphs 2 and 3 of Article 4.
   5.   Notwithstanding paragraphs 3 and 4 of this Article, a Party may allow entry into its ports of a vessel referred to in those paragraphs exclusively for the purpose of inspecting it and taking other appropriate actions in conformity with international law which are at least as effective as denial of port entry in preventing, deterring and eliminating IUU fishing and fishing related activities in support of such fishing.
   6.   Where a vessel referred to in paragraph 4 or 5 of this Article is in port for any reason, a Party shall deny such vessel the use of its ports for landing, transshipping, packaging, and processing of fish and for other port services including, inter alia, refueling and resupplying, maintenance and drydocking. Paragraphs 2 and 3 of Article 11 apply mutatis mutandis in such cases. Denial of such use of ports shall be in conformity with international law.
   Article 10
   Force majeure or distress
   Nothing in this Agreement affects the entry of vessels to port in accordance with international law for reasons of force majeure or distress, or prevents a port State from permitting entry into port to a vessel exclusively for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
   PART 3

      USE OF PORTS

   Article 11
   Use of ports
   1.   Where a vessel has entered one of its ports, a Party shall deny, pursuant to its laws and regulations and consistent with international law, including this Agreement, that vessel the use of the port for landing, transshipping, packaging and processing of fish that have not been previously landed and for other port services, including, inter alia, refueling and resupplying, maintenance and drydocking, if:

               (a)

               the Party finds that the vessel does not have a valid and applicable authorisation to engage in fishing or fishing related activities required by its flag State;

               (b)

               the Party finds that the vessel does not have a valid and applicable authorisation to engage in fishing or fishing related activities required by a coastal State in respect of areas under the national jurisdiction of that State;

               (c)

               the Party receives clear evidence that the fish on board was taken in contravention of applicable requirements of a coastal State in respect of areas under the national jurisdiction of that State;

               (d)

               the flag State does not confirm within a reasonable period of time, on the request of the port State, that the fish on board was taken in accordance with applicable requirements of a relevant regional fisheries management organisation taking into account paragraphs 2 and 3 of Article 4; or

               (e)

               the Party has reasonable grounds to believe that the vessel was otherwise engaged in IUU fishing or fishing related activities in support of such fishing, including in support of a vessel referred to in paragraph 4 of Article 9, unless the vessel can establish:

                           (i)

                           that it was acting in a manner consistent with relevant conservation and management measures; or

                           (ii)

                           in the case of provision of personnel, fuel, gear and other supplies at sea, that the vessel that was provisioned was not, at the time of provisioning, a vessel referred to in paragraph 4 of Article 9.

         2.   Notwithstanding paragraph 1 of this Article, a Party shall not deny a vessel referred to in that paragraph the use of port services:

               (a)

               essential to the safety or health of the crew or the safety of the vessel, provided these needs are duly proven; or

               (b)

               where appropriate, for the scrapping of the vessel.

         3.   Where a Party has denied the use of its port in accordance with this Article, it shall promptly notify the flag State and, as appropriate, relevant coastal States, regional fisheries management organisations and other relevant international organisations of its decision.
   4.   A Party shall withdraw its denial of the use of its port pursuant to paragraph 1 of this Article in respect of a vessel only if there is sufficient proof that the grounds on which use was denied were inadequate or erroneous or that such grounds no longer apply.
   5.   Where a Party has withdrawn its denial pursuant to paragraph 4 of this Article, it shall promptly notify those to whom a notification was issued pursuant to paragraph 3 of this Article.
   PART 4

      INSPECTIONS AND FOLLOW-UP ACTIONS

   Article 12
   Levels and priorities for inspection
   1.   Each Party shall inspect the number of vessels in its ports required to reach an annual level of inspections sufficient to achieve the objective of this Agreement.
   2.   Parties shall seek to agree on the minimum levels for inspection of vessels through, as appropriate, regional fisheries management organisations, FAO or otherwise.
   3.   In determining which vessels to inspect, a Party shall give priority to:

               (a)

               vessels that have been denied entry or use of a port in accordance with this Agreement;

               (b)

               requests from other relevant Parties, States or regional fisheries management organisations that particular vessels be inspected, particularly where such requests are supported by evidence of IUU fishing or fishing related activities in support of such fishing by the vessel in question; and

               (c)

               other vessels for which there are clear grounds for suspecting that they have engaged in IUU fishing or fishing related activities in support of such fishing.

         Article 13
   Conduct of inspections
   1.   Each Party shall ensure that its inspectors carry out the functions set forth in Annex B as a minimum standard.
   2.   Each Party shall, in carrying out inspections in its ports:

               (a)

               ensure that inspections are carried out by properly qualified inspectors authorised for that purpose, having regard in particular to Article 17;

               (b)

               ensure that, prior to an inspection, inspectors are required to present to the master of the vessel an appropriate document identifying the inspectors as such;

               (c)

               ensure that inspectors examine all relevant areas of the vessel, the fish on board, the nets and any other gear, equipment, and any document or record on board that is relevant to verifying compliance with relevant conservation and management measures;

               (d)

               require the master of the vessel to give inspectors all necessary assistance and information, and to present relevant material and documents as may be required, or certified copies thereof;

               (e)

               in case of appropriate arrangements with the flag State of the vessel, invite the flag State to participate in the inspection;

               (f)

               make all possible efforts to avoid unduly delaying the vessel to minimise interference and inconvenience, including any unnecessary presence of inspectors on board, and to avoid action that would adversely affect the quality of the fish on board;

               (g)

               make all possible efforts to facilitate communication with the master or senior crew members of the vessel, including where possible and where needed that the inspector is accompanied by an interpreter;

               (h)

               ensure that inspections are conducted in a fair, transparent and non-discriminatory manner and would not constitute harassment of any vessel; and

               (i)

               not interfere with the master’s ability, in conformity with international law, to communicate with the authorities of the flag State.

         Article 14
   Results of inspections
   Each Party shall, as a minimum standard, include the information set out in Annex C in the written report of the results of each inspection.
   Article 15
   Transmittal of inspection results
   Each Party shall transmit the results of each inspection to the flag State of the inspected vessel and, as appropriate, to:

               (a)

               relevant Parties and States, including:

                           (i)

                           those States for which there is evidence through inspection that the vessel has engaged in IUU fishing or fishing related activities in support of such fishing within waters under their national jurisdiction; and

                           (ii)

                           the State of which the vessel’s master is a national.

               (b)

               relevant regional fisheries management organisations; and

               (c)

               FAO and other relevant international organisations.

         Article 16
   Electronic exchange of information
   1.   To facilitate implementation of this Agreement, each Party shall, where possible, establish a communication mechanism that allows for direct electronic exchange of information, with due regard to appropriate confidentiality requirements.
   2.   To the extent possible and with due regard to appropriate confidentiality requirements, Parties should cooperate to establish an information-sharing mechanism, preferably coordinated by FAO, in conjunction with other relevant multilateral and intergovernmental initiatives, and to facilitate the exchange of information with existing databases relevant to this Agreement.
   3.   Each Party shall designate an authority that shall act as a contact point for the exchange of information under this Agreement. Each Party shall notify the pertinent designation to FAO.
   4.   Each Party shall handle information to be transmitted through any mechanism established under paragraph 1 of this Article consistent with Annex D.
   5.   FAO shall request relevant regional fisheries management organisations to provide information concerning the measures or decisions they have adopted and implemented which relate to this Agreement for their integration, to the extent possible and taking due account of the appropriate confidentiality requirements, into the information-sharing mechanism referred to in paragraph 2 of this Article.
   Article 17
   Training of inspectors
   Each Party shall ensure that its inspectors are properly trained taking into account the guidelines for the training of inspectors in Annex E. Parties shall seek to cooperate in this regard.
   Article 18
   Port State actions following inspection
   1.   Where, following an inspection, there are clear grounds for believing that a vessel has engaged IUU fishing or fishing related activities in support of such fishing, the inspecting Party shall:

               (a)

               promptly notify the flag State and, as appropriate, relevant coastal States, regional fisheries management organisations and other international organisations, and the State of which the vessel’s master is a national of its findings; and

               (b)

               deny the vessel the use of its port for landing, transshipping, packaging and processing of fish that have not been previously landed and for other port services, including, inter alia, refueling and resupplying, maintenance and drydocking, if these actions have not already been taken in respect of the vessel, in a manner consistent with this Agreement, including Article 4.

         2.   Notwithstanding paragraph 1 of this Article, a Party shall not deny a vessel referred to in that paragraph the use of port services essential for the safety or health of the crew or the safety of the vessel.
   3.   Nothing in this Agreement prevents a Party from taking measures that are in conformity with international law in addition to those specified in paragraphs 1 and 2 of this Article, including such measures as the flag State of the vessel has expressly requested or to which it has consented.
   Article 19
   Information on recourse in the port State
   1.   A Party shall maintain the relevant information available to the public and provide such information, upon written request, to the owner, operator, master or representative of a vessel with regard to any recourse established in accordance with its national laws and regulations concerning port State measures taken by that Party pursuant to Article 9, 11, 13 or 18, including information pertaining to the public services or judicial institutions available for this purpose, as well as information on whether there is any right to seek compensation in accordance with its national laws and regulations in the event of any loss or damage suffered as a consequence of any alleged unlawful action by the Party.
   2.   The Party shall inform the flag State, the owner, operator, master or representative, as appropriate, of the outcome of any such recourse. Where other Parties, States or international organisations have been informed of the prior decision pursuant to Article 9, 11, 13 or 18, the Party shall inform them of any change in its decision.
   PART 5

      ROLE OF FLAG STATES

   Article 20
   Role of flag States
   1.   Each Party shall require the vessels entitled to fly its flag to cooperate with the port State in inspections carried out pursuant to this Agreement.
   2.   When a Party has clear grounds to believe that a vessel entitled to fly its flag has engaged in IUU fishing or fishing related activities in support of such fishing and is seeking entry to or is in the port of another State, it shall, as appropriate, request that State to inspect the vessel or to take other measures consistent with this Agreement.
   3.   Each Party shall encourage vessels entitled to fly its flag to land, transship, package and process fish, and use other port services, in ports of States that are acting in accordance with, or in a manner consistent with this Agreement. Parties are encouraged to develop, including through regional fisheries management organisations and FAO, fair, transparent and non-discriminatory procedures for identifying any State that may not be acting in accordance with, or in a manner consistent with, this Agreement.
   4.   Where, following port State inspection, a flag State Party receives an inspection report indicating that there are clear grounds to believe that a vessel entitled to fly its flag has engaged in IUU fishing or fishing related activities in support of such fishing, it shall immediately and fully investigate the matter and shall, upon sufficient evidence, take enforcement action without delay in accordance with its laws and regulations.
   5.   Each Party shall, in its capacity as a flag State, report to other Parties, relevant port States and, as appropriate, other relevant States, regional fisheries management organisations and FAO on actions it has taken in respect of vessels entitled to fly its flag that, as a result of port State measures taken pursuant to this Agreement, have been determined to have engaged in IUU fishing or fishing related activities in support of such fishing.
   6.   Each Party shall ensure that measures applied to vessels entitled to fly its flag are at least as effective in preventing, deterring, and eliminating IUU fishing and fishing related activities in support of such fishing as measures applied to vessels referred to in paragraph 1 of Article 3.
   PART 6

      REQUIREMENTS OF DEVELOPING STATES

   Article 21
   Requirements of developing States
   1.   Parties shall give full recognition to the special requirements of developing States Parties in relation to the implementation of port State measures consistent with this Agreement. To this end, Parties shall, either directly or through FAO, other specialised agencies of the United Nations or other appropriate international organisations and bodies, including regional fisheries management organisations, provide assistance to developing States Parties in order to, inter alia:

               (a)

               enhance their ability, in particular the least-developed among them and small island developing States, to develop a legal basis and capacity for the implementation of effective port State measures;

               (b)

               facilitate their participation in any international organisations that promote the effective development and implementation of port State measures; and

               (c)

               facilitate technical assistance to strengthen the development and implementation of port State measures by them, in coordination with relevant international mechanisms.

         2.   Parties shall give due regard to the special requirements of developing port States Parties, in particular the least-developed among them and small island developing States, to ensure that a disproportionate burden resulting from the implementation of this Agreement is not transferred directly or indirectly to them. In cases where the transfer of a disproportionate burden has been demonstrated, Parties shall cooperate to facilitate the implementation by the relevant developing States Parties of specific obligations under this Agreement.
   3.   Parties shall, either directly or through FAO, assess the special requirements of developing States Parties concerning the implementation of this Agreement.
   4.   Parties shall cooperate to establish appropriate funding mechanisms to assist developing States in the implementation of this Agreement. These mechanisms shall, inter alia, be directed specifically towards:

               (a)

               developing national and international port State measures;

               (b)

               developing and enhancing capacity, including for monitoring, control and surveillance and for training at the national and regional levels of port managers, inspectors, and enforcement and legal personnel;

               (c)

               monitoring, control, surveillance and compliance activities relevant to port State measures, including access to technology and equipment; and

               (d)

               listing developing States Parties with the costs involved in any proceedings for the settlement of disputes that result from actions they have taken pursuant to this Agreement.

         5.   Cooperation with and among developing States Parties for the purposes set out in this Article may include the provision of technical and financial assistance through bilateral, multilateral and regional channels, including South-South cooperation.
   6.   Parties shall establish an ad hoc working group to periodically report and make recommendations to the Parties on the establishment of funding mechanisms including a scheme for contributions, identification and mobilisation of funds, the development of criteria and procedures to guide implementation, and progress in the implementation of the funding mechanisms. In addition to the considerations provided in this Article, the ad hoc working group shall take into account, inter alia:

               (a)

               the assessment of the needs of developing States Parties, in particular the least-developed among them and small island developing States;

               (b)

               the availability and timely disbursement of funds;

               (c)

               transparency of decision-making and management processes concerning fundraising and allocations; and

               (d)

               accountability of the recipient developing States Parties in the agreed use of funds.

         Parties shall take into account the reports and any recommendations of the ad hoc working group and take appropriate action.
   PART 7

      DISPUTE SETTLEMENT

   Article 22
   Peaceful settlement of disputes
   1.   Any Party may seek consultations with any other Party or Parties on any dispute with regard to the interpretation or application of the provisions of this Agreement with a view to reaching a mutually satisfactory solution as soon as possible.
   2.   In the event that the dispute is not resolved through these consultations within a reasonable period of time, the Parties in question shall consult among themselves as soon as possible with a view to having the dispute settled by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice.
   3.   Any dispute of this character not so resolved shall, with the consent of all Parties to the dispute, be referred for settlement to the International Court of Justice, to the International Tribunal for the Law of the Sea or to arbitration. In the case of failure to reach agreement on referral to the International Court of Justice, to the International Tribunal for the Law of the Sea or to arbitration, the Parties shall continue to consult and cooperate with a view to reaching settlement of the dispute in accordance with the rules of international law relating to the conservation of living marine resources.
   PART 8

      NON-PARTIES

   Article 23
   Non-Parties to this Agreement
   1.   Parties shall encourage non-Parties to this Agreement to become Parties thereto and/or to adopt laws and regulations and implement measures consistent with its provisions.
   2.   Parties shall take fair, non-discriminatory and transparent measures consistent with this Agreement and other applicable international law to deter the activities of non-Parties which undermine the effective implementation of this Agreement.
   PART 9

      MONITORING, REVIEW AND ASSESSMENT

   Article 24
   Monitoring, review and assessment
   1.   Parties shall, within the framework of FAO and its relevant bodies, ensure the regular and systematic monitoring and review of the implementation of this Agreement as well as the assessment of progress made towards achieving its objective.
   2.   Four years after the entry into force of this Agreement, FAO shall convene a meeting of the Parties to review and assess the effectiveness of this Agreement in achieving its objective. The Parties shall decide on further such meetings as necessary.
   PART 10

      FINAL PROVISIONS

   Article 25
   Signature
   This Agreement shall be open for signature at FAO from the twenty-second day of November 2009 until the twenty-first day of November 2010, by all States and regional economic integration organisations.
   Article 26
   Ratification, acceptance or approval
   1.   This Agreement shall be subject to ratification, acceptance or approval by the signatories.
   2.   Instruments of ratification, acceptance or approval shall be deposited with the Depositary.
   Article 27
   Accession
   1.   After the period in which this Agreement is open for signature, it shall be open for accession by any State or regional economic integration organisation.
   2.   Instruments of accession shall be deposited with the Depositary.
   Article 28
   Participation by Regional Economic Integration Organisations
   1.   In cases where a regional economic integration organisation that is an international organisation referred to in Annex IX, Article 1, of the Convention does not have competence over all the matters governed by this Agreement, Annex IX to the Convention shall apply mutatis mutandis to participation by such regional economic integration organisation in this Agreement, except that the following provisions of that Annex shall not apply:

               (a)

               Article 2, first sentence; and

               (b)

               Article 3, paragraph 1.

         2.   In cases where a regional economic integration organisation that is an international organisation referred to in Annex IX, Article 1, of the Convention has competence over all the matters governed by this Agreement, the following provisions shall apply to participation by the regional economic integration organisation in this Agreement:

               (a)

               at the time of signature or accession, such organisation shall make a declaration stating:

                           (i)

                           that it has competence over all the matters governed by this Agreement;

                           (ii)

                           that, for this reason, its member States shall not become States Parties, except in respect of their territories for which the organisation has no responsibility; and

                           (iii)

                           that it accepts the rights and obligations of States under this Agreement;

               (b)

               participation of such an organisation shall in no case confer any rights under this Agreement on member States of the organisation;

               (c)

               in the event of a conflict between the obligations of such organisation under this Agreement and its obligations under the Agreement establishing the organisation or any acts relating to it, the obligations under this Agreement shall prevail.

         Article 29
   Entry into force
   1.   This Agreement shall enter into force thirty days after the date of deposit with the Depositary of the twenty-fifth instrument of ratification, acceptance, approval or accession in accordance with Article 26 or 27.
   2.   For each signatory which ratifies, accepts or approves this Agreement after its entry into force, this Agreement shall enter into force thirty days after the date of the deposit of its instrument of ratification, acceptance or approval.
   3.   For each State or regional economic integration organisation which accedes to this Agreement after its entry into force, this Agreement shall enter into force thirty days after the date of the deposit of its instrument of accession.
   4.   For the purposes of this Article, any instrument deposited by a regional economic integration organisation shall not be counted as additional to those deposited by its Member States.
   Article 30
   Reservations and exceptions
   No reservations or exceptions may be made to this Agreement.
   Article 31
   Declarations and statements
   Article 30 does not preclude a State or regional economic integration organisation, when signing, ratifying, accepting, approving or acceding to this Agreement, from making a declaration or statement, however phrased or named, with a view to, inter alia, the harmonisation of its laws and regulations with the provisions of this Agreement, provided that such declaration or statement does not purport to exclude or to modify the legal effect of the provisions of this Agreement in their application to that State or regional economic integration organisation.
   Article 32
   Provisional application
   1.   This Agreement shall be applied provisionally by States or regional economic integration organisations which consent to its provisional application by so notifying the Depositary in writing. Such provisional application shall become effective from the date of receipt of the notification.
   2.   Provisional application by a State or regional economic integration organisation shall terminate upon the entry into force of this Agreement for that State or regional economic integration organisation or upon notification by that State or regional economic integration organisation to the Depositary in writing of its intention to terminate provisional application.
   Article 33
   Amendments
   1.   Any Party may propose amendments to this Agreement after the expiry of a period of two years from the date of entry into force of this Agreement.
   2.   Any proposed amendment to this Agreement shall be transmitted by written communication to the Depositary along with a request for the convening of a meeting of the Parties to consider it. The Depositary shall circulate to all Parties such communication as well as all replies to the request received from Parties. Unless within six months from the date of circulation of the communication one half of the Parties object to the request, the Depositary shall convene a meeting of the Parties to consider the proposed amendment.
   3.   Subject to Article 34, any amendment to this Agreement shall only be adopted by consensus of the Parties present at the meeting at which it is proposed for adoption.
   4.   Subject to Article 34, any amendment adopted by the meeting of the Parties shall come into force among the Parties having ratified, accepted or approved it on the ninetieth day after the deposit of instruments of ratification, acceptance or approval by two-thirds of the Parties to this Agreement based on the number of Parties on the date of adoption of the amendment. Thereafter the amendment shall enter into force for any other Party on the ninetieth day after that Party deposits its instrument of ratification, acceptance or approval of the amendment.
   5.   For the purposes of this Article, an instrument deposited by a regional economic integration organisation shall not be counted as additional to those deposited by its Member States.
   Article 34
   Annexes
   1.   The Annexes form an integral part of this Agreement and a reference to this Agreement shall constitute a reference to the Annexes.
   2.   An amendment to an Annex to this Agreement may be adopted by two-thirds of the Parties to this Agreement present at a meeting where the proposed amendment to the Annex is considered. Every effort shall however be made to reach agreement on any amendment to an Annex by way of consensus. An amendment to an Annex shall be incorporated in this Agreement and enter into force for those Parties that have expressed their acceptance from the date on which the Depositary receives notification of acceptance from one-third of the Parties to this Agreement, based on the number of Parties on the date of adoption of the amendment. The amendment shall thereafter enter into force for each remaining Party upon receipt by the Depositary of its acceptance.
   Article 35
   Withdrawal
   Any Party may withdraw from this Agreement at any time after the expiry of one year from the date upon which the Agreement entered into force with respect to that Party, by giving written notice of such withdrawal to the Depositary. Withdrawal shall become effective one year after receipt of the notice of withdrawal by the Depositary.
   Article 36
   The Depositary
   The Director-General of the FAO shall be the Depositary of this Agreement. The Depositary shall:

               (a)

               transmit certified copies of this Agreement to each signatory and Party;

               (b)

               register this Agreement, upon its entry into force, with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations;

               (c)

               promptly inform each signatory and Party to this Agreement of all:

                           (i)

                           signatures and instruments of ratification, acceptance, approval and accession deposited under Articles 25, 26 and 27;

                           (ii)

                           the date of entry into force of this Agreement in accordance with Article 29;

                           (iii)

                           proposals for amendment to this Agreement and their adoption and entry into force in accordance with Article 33;

                           (iv)

                           proposals for amendment to the Annexes and their adoption and entry into force in accordance with Article 34; and

                           (v)

                           withdrawals from this Agreement in accordance with Article 35.

         Article 37
   Authentic texts
   The Arabic, Chinese, English, French, Russian and Spanish texts of this Agreement are equally authentic.

      IN WITNESS WHEREOF, the undersigned Plenipotentiaries, being duly authorised, have signed this Agreement.
      DONE at Rome on this twenty-second day of November in the year two thousand and nine.

   ANNEX A

      Information to be provided in advance by vessels requesting port entry

   ANNEX B

      Port State inspection procedures

   Inspectors shall:

               (a)

               verify, to the extent possible, that the vessel identification documentation onboard and information relating to the owner of the vessel is true, complete and correct, including through appropriate contacts with the flag State or international records of vessels if necessary;

               (b)

               verify that the vessel’s flag and markings (e.g. name, external registration number, International Maritime Organisation (IMO) ship identification number, international radio call sign and other markings, main dimensions) are consistent with information contained in the documentation;

               (c)

               verify, to the extent possible, that the authorisations for fishing and fishing related activities are true, complete, correct and consistent with the information provided in accordance with Annex A;

               (d)

               review all other relevant documentation and records held onboard, including, to the extent possible, those in electronic format and vessel monitoring system (VMS) data from the flag State or relevant regional fisheries management organisations (RFMOs). Relevant documentation may include logbooks, catch, transshipment and trade documents, crew lists, stowage plans and drawings, descriptions of fish holds, and documents required pursuant to the Convention on International Trade in Endangered Species of Wild Fauna and Flora;

               (e)

               examine, to the extent possible, all relevant fishing gear onboard, including any gear stowed out of sight as well as related devices, and to the extent possible, verify that they are in conformity with the conditions of the authorisations. The fishing gear shall, to the extent possible, also be checked to ensure that features such as the mesh and twine size, devices and attachments, dimensions and configuration of nets, pots, dredges, hook sizes and numbers are in conformity with applicable regulations and that the markings correspond to those authorised for the vessel;

               (f)

               determine, to the extent possible, whether the fish on board was harvested in accordance with the applicable authorisations;

               (g)

               examine the fish, including by sampling, to determine its quantity and composition. In doing so, inspectors may open containers where the fish has been pre-packed and move the catch or containers to ascertain the integrity of fish holds. Such examination may include inspections of product type and determination of nominal weight;

               (h)

               evaluate whether there is clear evidence for believing that a vessel has engaged in IUU fishing or fishing related activities in support of such fishing;

               (i)

               provide the master of the vessel with the report containing the result of the inspection, including possible measures that could be taken, to be signed by the inspector and the master. The master’s signature on the report shall serve only as acknowledgment of the receipt of a copy of the report. The master shall be given the opportunity to add any comments or objection to the report, and, as appropriate, to contact the relevant authorities of the flag State in particular where the master has serious difficulties in understanding the content of the report. A copy of the report shall be provided to the master; and

               (j)

               arrange, where necessary and possible, for translation of relevant documentation.

         ANNEX C

      Report of the results of the inspection

   ANNEX D

      INFORMATION SYSTEMS ON PORT STATE MEASURES

   In implementing this Agreement, each Party shall:

               (a)

               seek to establish computerised communication in accordance with Article 16;

               (b)

               establish, to the extent possible, websites to publicise the list of ports designated in accordance with Article 7 and the actions taken in accordance with the relevant provisions of this Agreement;

               (c)

               identify, to the greatest extent possible, each inspection report by a unique reference number starting with 3-alpha code of the port State and identification of the issuing agency;

               (d)

               utilise, to the extent possible, the international coding system below in Annexes A and C and translate any other coding system into the international system.

                           countries/territories

                           :

                           ISO-31663-alpha Country Code

                           species

                           :

                           ASFIS 3-alpha code (known as FAO 3-alpha code)

                           vessel types

                           :

                           ISSCFV code (known as FAO alpha code)

                           gear types

                           :

                           ISSCFG code (known as FAO alpha code)

         ANNEX E

      Guidelines for the training of inspectors

   Elements of a training programme for port State inspectors should include at least the following areas:

               1.

               Ethics;

               2.

               Health, safety and security issues;

               3.

               Applicable national laws and regulations, areas of competence and conservation and management measures of relevant RFMOs, and applicable international law;

               4.

               Collection, evaluation and preservation of evidence;

               5.

               General inspection procedures such as report writing and interview techniques;

               6.

               Analysis of information, such as logbooks, electronic documentation and vessel history (name, ownership and flag State), required for the validation of information given by the master of the vessel;

               7.

               Vessel boarding and inspection, including hold inspections and calculation of vessel hold volumes;

               8.

               Verification and validation of information related to landings, transshipments, processing and fish remaining onboard, including utilising conversion factors for the various species and products;

               9.

               Identification of fish species, and the measurement of length and other biological parameters;

               10.

               Identification of vessels and gear, and techniques for the inspection and measurement of gear;

               11.

               Equipment and operation of VMS and other electronic tracking systems; and

               12.

               Actions to be taken following an inspection.


Avis juridique important

|

32003D0717

2003/717/EC: Council Decision of 2 October 2003 appointing an alternate member of the Committee of the Regions

Official Journal L 260 , 11/10/2003 P. 0016 - 0016

Council Decisionof 2 October 2003appointing an alternate member of the Committee of the Regions(2003/717/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Spanish Government,Whereas:(1) On 22 January 2002(1) the Council adopted a Decision appointing the members and alternate members of the Committee of the Regions.(2) The seat of a member of the Committee of the Regions has fallen vacant following the expiry of the mandate of Mr Juan José FERNÁNDEZ GÓMEZ, of which the Council was notified on 23 September 2003,HAS DECIDED AS FOLLOWS:Sole ArticleMs Dolores GOROSTIAGA SAIZ, Vicepresidenta - Gobierno de Cantabria, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Juan José FERNÁNDEZ GÓMEZ for the remainder of his term of office, which ends on 25 January 2006.Done at Brussels, 2 October 2003.For the CouncilThe PresidentG. Pisanu(1) OJ L 24, 26.1.2002, p. 38.


title: Political and Security Committee Decision (CFSP) 2015/102 of 20 January 2015 on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision Atalanta/4/2014 (ATALANTA/1/2015)

text:
               23.1.2015

               EN

               Official Journal of the European Union

               L 16/31

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2015/102
   of 20 January 2015
   on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision Atalanta/4/2014 (ATALANTA/1/2015)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6(1) of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (‘PSC’), to take decisions on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (‘EU Force Commander’).

               (2)

               On 24 July 2014, the PSC adopted Decision Atalanta/4/2014 (2) appointing Rear Admiral Guido RANDO as EU Force Commander.

               (3)

               The EU Operation Commander has recommended the appointment of Rear Admiral Jonas HAGGREN as the new EU Force Commander to succeed Rear Admiral Guido RANDO.

               (4)

               The EU Military Committee supports that recommendation.

               (5)

               Decision Atalanta/4/2014 should therefore be repealed.

               (6)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   Rear Admiral Jonas HAGGREN is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) as from 13 February 2015.
   Article 2
   Decision Atalanta/4/2014 is hereby repealed.
   Article 3
   This Decision shall enter into force on 13 February 2015.

      Done at Brussels, 20 January 2015.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 301, 12.11.2008, p. 33.

      (2)  Political and Security Committee Decision Atalanta/4/2014 of 24 July 2014 on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision Atalanta/1/2014 (OJ L 222, 26.7.2014, p. 14).


Avis juridique important

|

31982D0284

82/284/EEC: Commission Decision of 6 May 1982 amending certain Decisions on the agricultural advisory committees as regards joint working parties

Official Journal L 126 , 08/05/1982 P. 0025 - 0026

*****COMMISSION  DECISION  of 6 May 1982  amending certain Decisions on the agricultural advisory committees as regards joint working parties  (82/284/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the Commission has created agricultural advisory committees and joint working parties within certain committees to formalize consultation of economic and consumer interest in the agricultural sector;  Whereas experience of the working of the agricultural advisory committees has shown that the rules on their composition require adjustment;  Whereas the choice of chairman is important to the proper functioning of the said joint working parties;  Whereas the conditions on which observers and experts may participate in the work of the joint working parties should be more clearly defined,  HAS DECIDED AS FOLLOWS:  Article 1  Article 2 of Decision 82/128/EEC amending the Decisions on the agricultural advisory committees (1) is hereby replaced by the following:  'Article 2  Articles 6, 7 and 8 of the following Decisions:  - Decision 73/422/EEC on the Advisory Committee on Sugar (1), as last amended by Decision 81/637/EEC (2),  - Decision 73/425/EEC on the Advisory Committee on Raw Tobacco (1), as last amended by Decision 74/221/EEC (3),  - Decision 73/426/EEC on the Advisory Committee on Hops (1),  - Decision 73/428/EEC on the Advisory Committee on Flax and Hemp (1)  are hereby replaced by the following:  "Article 6  1. After consulting the Commission, the Committee shall elect a chairman for a period of three years.  The chairman shall be elected, in the case of the first ballot, by a two-thirds majority of the members present and, in the case of subsequent ballots, by a simple majority of the members present. In the event of a tie, the Commission shall provide a chairman on a temporary basis.  2. The Committee shall elect two vice-chairmen for a period of three years. The vice-chairmen may not represent the same interest as the chairman.  The election shall take place in accordance with the procedure laid down in paragraph 1.  The Committee may, in accordance with the same procedure, elect other officers. In that case, the officers other than the chairman shall include not more than one representative of each interest represented on the Committee.  The officers shall prepare and organize the work of the Committee.  3. The Joint Working Party shall elect from among its members a chairman and a vice-chairman for a period of one year. The election shall take place in accordance with the procedure laid down in paragraph 1.  The vice-chairman may not represent the same interest as the chairman. They shall be chosen alternately from among the two interests represented.  Article 7  1. At the request of an organization to which one or more seats are allocated, the chairman may, in agreement with the Commission staff, invite the head of that organization, or a person designated by him, to attend meeetings of the Committee or of the Joint Working Party as an observer. Observers shall not have the right to speak. They may, however, be invited to do so by the chairman in agreement with the Commission staff.  2. Subject to the same conditions, the chairman may, in agreement with the Commission staff, invite any person particularly well qualified in one of the subjects on the agenda to take part in the work of the Committee or Joint Working Party as an expert. The Commission may, on its own initiative, invite any person particularly well qualified in one of the subjects on the agenda to take part in the work of the Committee or Joint Working Party as an expert.  3. Apart from the Commission representatives, only members of the Committee or Joint Working Party and persons invited pursuant to this Article may participate in or attend meetings of the Committee or Joint Working Party.  4. However, experts shall participate only in the discussion of the matter in the Committee or Joint Working Party concerning which they were invited to attend.  Article 8  In agreement with the Commission staff, the Committee or Joint Working Party may set up working groups to facilitate its work''.  (1) OJ No L 355, 24. 12. 1973.  (2) OJ No L 231, 15. 8. 1981.  (3) OJ No L 123, 6. 5. 1974.'  Article 2  This Decision shall enter into force on 6 May 1982.  Done at Brussels, 6 May 1982.  For the Commission  Poul DALSAGER  Member of the Commission  (1) OJ No L 58, 2. 3. 1982, p. 26.


Avis juridique important

|

32002D0522(02)

Council Decision of 7 May 2002 appointing an Irish full member and alternate member in the category of representatives of employers' organisations of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions

Official Journal C 119 , 22/05/2002 P. 0004 - 0004

Council Decisionof 7 May 2002appointing an Irish full member and alternate member in the category of representatives of employers' organisations of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions(2002/C 119/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions(1), as last amended by Regulation (EEC) No 1947/93(2), and in particular Article 6 thereof,Having regard to the list of nominees forwarded by the Commission,Whereas:(1) By its Decision of 8 November 2001(3) the Council appointed the full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions, with the exception of the representatives of the Irish employers' organisations.(2) The Irish full members and alternate members in the category of representatives of employers' organisations on the said Administrative Board must be appointed for the remainder of their term of office, which runs until 18 October 2004,HAS DECIDED AS FOLLOWS:Article 1The following are hereby appointed full member and alternate member of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions for the period from 7 May 2002 to 18 October 2004:REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS>TABLE>Article 2This Decision shall be published, for information, in the Official Journal of the European Communities.Done at Brussels, 7 May 2002.For the CouncilThe PräsidentR. de Rato y Figaredo(1) OJ L 139, 30.5.1975, p. 1.(2) OJ L 181, 23.7.1993, p. 13.(3) OJ C 327, 22.11.2001, p. 1.


Avis juridique important

|

31994D0209

94/209/EC: Commission Decision of 21 April 1994 winding up the Consultative Council of Regional and Local Authorities

Official Journal L 103 , 22/04/1994 P. 0028 - 0028

COMMISSION DECISION of 21 April 1994 winding up the Consultative Council of Regional and Local Authorities (94/209/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Whereas the Consultative Council of Regional and Local Authorities was established by Decision 88/487/EEC (1);  Whereas Article 198a of the Treaty establishes a Committee of the Regions consisting of representatives of regional and local bodies, thus creating an institution through which regional and local bodies can officially be involved in drawing up and  implementing Community policies;  Whereas the Committee of the Regions provided for in Articles 198a, 198b and 198c of the Treaty started to operate officially on 9 March 1994;  Whereas the functions of the Consultative Council of Regional and Local Authorities established by Decision 88/487/EEC can be fulfilled by the Committee of the Regions; whereas, therefore, the Consultative Council of Regional and Local Authorities  should be wound up,  HAS DECIDED AS FOLLOWS:   Article 1  Commission Decision 88/487/EEC is hereby repealed.   Article 2  This Decision shall enter into force on 15 March 1994.  Done at Brussels, 21 April 1994.  For the Commission Bruce MILLAN Member of the Commission  (1) OJ No L 247, 6. 9. 1988, p. 23.


Avis juridique important

|

31981D0120

81/120/Euratom, EEC: Council Decision of 3 March 1981 appointing additional members of the Economic and Social Committee

Official Journal L 067 , 12/03/1981 P. 0027 - 0028

*****COUNCIL  DECISION  of 3 March 1981  appointing additional members of the Economic and Social Committee  (81/120/Euratom, EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 193 to 195 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,  Having regard to the Convention on certain institutions common to the European Communities, and in particular Article 5 thereof,  Having regard to the Treaty concerning the accession of the Hellenic Republic to the European Economic Community and to the European Atomic Energy Community, signed on 28 May 1979, together with the Council Decision of 24 May 1979 on the accession of the Hellenic Republic to the European Coal and Steel Community, and in particular Articles 17 and 136 of the Act annexed to them,  Having regard to the list of candidates submitted by the Government of the Hellenic Republic to the Council,  Having obtained the opinion of the Commission,  Whereas the term of office of the members of the Economic and Social Committee in office at the time of the accession of the Hellenic Republic expires on 18 September 1982,  HAS DECIDED AS FOLLOWS:  Sole Article  The persons named in the alphabetical list annexed to this Decision are hereby appointed members of the Economic and Social Committee for the period from the date of this Decision until 18 September 1982.  Done at Brussels, 3 March 1981.  For the Council  The President  G. M. V. van AARDENNE  ANNEX  Alphabetical list of the Greek additional members of the Economic and Social Committee  1.2 // M. Andreas Blamoutsis  // - Mélos toy Dioikitikoý Symvoylíoy toy Emporikoý Syllógoy Athinón  (Association of Traders of Athens)  // Mlle Anne Bredimas  // - Eidikí Sýmvoylos tis Enóseos Ellínon Efoplistón  (Union of Greek Shipowners)  // M. Ilias Chronopoulos  // - Próedros tis Panelliníoy Synomospondías Enóseon Georgikón Synetairismón (PASEGES)  (Panhellenic Confederation of the Unions of Agricultural Coopera- tives)  // M. Georges Dassis  // - Synergátis tis Genikís Synomospondías Ergatón Elládos (GSEE)  (General Labour Confederation of Greece)  // M. Ioannis Douros  // - Próedros toy Genikoý Symvoylíoy tis Anotátis Dioikoýsis Epitropís Dimosíon Ypallílon (ADEDY)  (Federation of public officials (ADEDY))  // M. Theodossios Georgiou  // - Dikigóros, Genikós Grammatéfs toy Symvoylíoy Koinonikís, kai Oikonomikís Politikís (SKOP)  (Social and Economic Policy Council (SKOP))  // M. Christos Karakitsos  // - Genikós Grammatéfs tis Genikís Synomospondías Ergatón Elládos (GSEE)  (General Labour Confederation of Greece)  // M. Filotas Kazazis  // - Antipróedros toy Syndésmoy Ellinikón Viomichanión  (Association of Greek Industries)  // M. Nicolaos Kolymbas  // - Genikós Grammatéfs toy Dioikitikoý Symvoylíoy tis Panelliníoy Synomospondías Enóseon Georgikón Synetairismón (PASEGES)  (Panhellenic Confederation of Unions of Agriculture Cooperatives)  // M. Pavlos Papadopoulos  // - Viotéchnis, Antipróedros toy Viotechnikoý Epimelitiríoy Athinón  (Athens Chamber of Craft Trades)  // M. Rizos Rizos  // - Próedros tis Omospondías Epangelmatión kai Viotechnón Athinón  (Athens Federation of Trades and Craft)  // M. Emmanuel Saitis  // - Genikós Grammatéfs tis Panelliníoy Naftikís Omospondías  (Panhellenic Seafarers Federation)


title: 2007/623/EC: Commission Decision of 31 August 2007 setting up the High Level Group of Independent Stakeholders on Administrative Burdens

text:
               28.9.2007

               EN

               Official Journal of the European Union

               L 253/40

      COMMISSION DECISION

   of 31 August 2007
   setting up the High Level Group of Independent Stakeholders on Administrative Burdens
   (2007/623/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               On 24 January 2007 the Commission adopted the Communication entitled ‘Action Programme for Reducing Administrative Burdens in the European Union’ (1), in which it announced its intention to take a transparent approach towards implementing this Action Programme by involving stakeholders from all over the European Union and continuously benefiting from their input.

               (2)

               The Action Programme was endorsed by the 2007 Spring European Council which underlined the goal of reducing administrative burdens by 25 % by 2012.

               (3)

               The Commission is already consulting and cooperating on this topic with Member States' experts through the High Level Group of National Regulatory Experts on Better Regulation, but with a view to ensuring an equally effective interaction with the other stakeholders, whose input is indispensable for reaching the ambitious reduction target, and in accordance with the aforementioned Communication, the Commission may need to call upon the expertise of specialists in an advisory body.

               (4)

               It is therefore necessary to set up a group of experts in the field of reduction of administrative burdens and to define its tasks and its structure.

               (5)

               The group should advise the Commission with regard to the Action Programme, in particular on administrative burden reduction measures suggested by the consultants, through internet consultation and local workshops in the Member States.

               (6)

               The group should be composed of high level independent stakeholders selected on the basis of their expertise in Better Regulation and/or the policy areas covered by the Action Programme. The Commission should ensure that the interests of small and large businesses, social partners, consumer and environmental organisations, including non-governmental organisations, are adequately represented.

               (7)

               Rules on disclosure of information by members of the group should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (2).

               (8)

               Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3).

               (9)

               It is appropriate to fix a period for the application of this Decision. The Commission will in due course consider the advisability of an extension,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The High Level Group of Independent Stakeholders on Administrative Burdens
   The High Level Group of Independent Stakeholders on Administrative Burdens, hereinafter referred to as ‘the group’, is hereby set up with effect from 31 August 2007.
   Article 2
   Task
   The group’s task shall be to advise the Commission with regard to the Action Programme for Reducing Administrative Burdens in the European Union whose aim is to reduce administrative burdens on businesses arising from EU legislation by 25 % by 2012.
   In particular, the group will:

               —

               provide advice on administrative burden reduction measures suggested by the consultants, through internet consultation and local workshops in Member States,

               —

               advise the Commission at its request on methodological issues that may arise in the Action Programme,

               —

               suggest which additional pieces of existing legislation could be included in the EU-wide measurement exercise, as necessary.

         The mandate is given for three years: it may be extended by Commission Decision.
   Article 3
   Consultation
   1.   The Commission may consult the group on any matter relating to the implementation of the Action Programme for Reducing Administrative Burdens in the European Union.
   2.   The chairperson of the group may advise the Commission that it is desirable to consult the group on a specific question. The group shall not provide such advice unless being requested in writing by the Commission.
   Article 4
   Membership — Appointment
   1.   The group shall be composed of up to 15 members.
   2.   The Commission shall first appoint the chairperson of the group. The members of the group shall then be appointed by the Commission in consultation with the chairperson from high level stakeholders with competence in the areas referred to in Article 2 and 3(1).
   The members shall be selected on the basis of their expertise in Better Regulation and/or the policy areas covered by the Action Programme. The Commission shall ensure that the interests of small and large businesses, social partners, consumer and environmental organisations, including non-governmental organisations are adequately represented.
   3.   The members shall be appointed in a personal capacity and shall advise the Commission independently of any outside influence in accordance with this decision.
   4.   Members of the group are appointed for a three-year term of office. They shall remain in office until such time as they are replaced or their term of office ends.
   5.   Members who are no longer capable of contributing effectively to the group’s deliberations, who resign or who do not comply with the conditions set out paragraph 3 of this Article, or Article 287 of the Treaty may be replaced for the remainder of their term of office.
   6.   Members shall each year sign an undertaking to act in the public interest and a declaration indicating the absence or existence of any interest which may undermine their objectivity.
   7.   The names of members shall be published on the Internet site of the Directorate-General for Enterprise and Industry. The names of members shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 5
   Operation
   1.   In agreement with the Commission, sub-groups may be set up to examine specific questions under terms of reference established by the group. Such sub-groups shall be dissolved as soon as their objectives have been reached. Where appropriate, the opinion of existing stakeholder groups with sectoral expertise will be sought and transmitted to the group and sub-groups.
   2.   The Commission or the chairperson, in agreement with the Commission, may ask experts or observers with specific competence on a subject on the agenda to participate in the group’s or sub-groups' deliberations if this is useful and/or necessary.
   3.   Information obtained by participating in the deliberations of a group or sub-group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.
   4.   The group and its sub-groups shall normally meet on Commission premises in accordance with the procedures and schedule established by it. The Directorate-General for Enterprise and Industry shall provide secretarial services.
   5.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission (4).
   6.   The Commission will in general publish on the Internet, in the original language of the document concerned, any relevant summary or conclusion resulting from the work of the group.
   Article 6
   Meeting expenses
   The Commission shall reimburse travel and, where appropriate, subsistence expenses for members, experts and observers in connection with the group’s activities in accordance with the Commission’s rules on the compensation of external experts.
   The members, experts and observers shall not be remunerated for the services they render.
   Meeting expenses are reimbursed within the limits of the allocations annually set by the responsible Commission services.
   Article 7
   Applicability
   The decision shall apply until three years after its adoption by the Commission.

      Done at Brussels, 31 August 2007.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  COM(2007) 23 final, 24 January 2007.

      (2)  OJ L 317, 3.12.2001, p. 1. Decision as last amended by Decision 2006/548/EC, Euratom (OJ L 215, 5.8.2006, p. 38).

      (3)  OJ L 8, 12.1.2001, p. 1.

      (4)  See standard rules of procedure — Annex III of document SEC(2005) 1004.