title: Council Decision (CFSP) 2016/609 of 18 April 2016 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

text:
                  20.4.2016

                  EN

                  Official Journal of the European Union

                  L 104/19

            COUNCIL DECISION (CFSP) 2016/609
      of 18 April 2016
      amending Decision 2010/413/CFSP concerning restrictive measures against Iran
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on European Union, and in particular Article 29 thereof,
      Having regard to Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (1), and in particular Article 23 thereof,
      Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
      Whereas:

                  (1)

                  On 26 July 2010, the Council adopted Decision 2010/413/CFSP.

                  (2)

                  On 14 July 2015, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative of the Union for Foreign Affairs and Security Policy, reached an agreement with Iran on a long-term comprehensive solution to the Iranian nuclear issue. The successful implementation of the Joint Comprehensive Plan of Action (JCPOA) will ensure the exclusively peaceful nature of the Iranian nuclear programme and provide for the comprehensive lifting of all nuclear-related sanctions.

                  (3)

                  On 20 July 2015, the United Nations Security Council adopted Resolution (UNSCR) 2231 (2015) endorsing the JCPOA, urging its full implementation in accordance with the timetable established in the JCPOA and providing for actions to take place in accordance with the JCPOA.

                  (4)

                  The JCPOA, as endorsed by UNSCR 2231 (2015), provides in particular that the Union is to remove the restrictive measures in place against certain persons and entities on ‘Transition Day’ (18 October 2023), which is the date 8 years after ‘Adoption Day’ (18 October 2015), or at an earlier moment on the basis of a report from the Director-General of the International Atomic Energy Agency (IAEA) to the IAEA Board of Governors and in parallel to the UN Security Council stating that the IAEA has concluded that all nuclear material in Iran remains in peaceful activities (‘Broader Conclusion’).

                  (5)

                  The Council has reviewed the statement of reasons concerning one entity which is to be subject to restrictive measures until Transition Day and decided that it should be supplemented.

                  (6)

                  The entry in the Annex to this Decision should apply until 22 October 2016.

                  (7)

                  Decision 2010/413/CFSP should therefore be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      Annex II to Decision 2010/413/CFSP is amended as set out in the Annex to this Decision.
      Article 2
      This Decision shall enter into force on the date following that of its publication in the Official Journal of the European Union.

         Done at Luxembourg, 18 April 2016.

               For the Council

               The President

            F. MOGHERINI

         (1)  OJ L 195, 27.7.2010, p. 39.

         ANNEX
         The following entry is inserted in part I.B of Annex II to Decision 2010/413/CFSP until 22 October 2016:
         I.   Persons and entities involved in nuclear or ballistic missile activities and persons and entities providing support to the Government of Iran.
         B   Entities

                        Name

                        Identifying information

                        Reasons

                        Date of listing

                        ‘7a. (*)

                        Bank Saderat Iran (including all branches) and subsidiaries:

                        Bank Saderat Tower, 43 Somayeh Ave, Tehran, Iran.

                        By handling letters of credit of Defence Industries Organisation (DIO) in March 2009, Bank Saderat violated the provisions of UNSCR 1737 which designated DIO and therefore required the freezing of its, and prohibited the making available to it of any, funds, financial assets and economic resources. By handling those letters of credit, Bank Saderat also assisted DIO in violating the prohibition contained in UNSCR 1747 on the procurement and the provision by Iran of any arms and related materiel.

                                    (a)

                                    Bank Saderat PLC (London)

                        5 Lothbury, London, EC2R 7 HD, UK

                        100 % owned subsidiary of Bank Saderat

            (*)  In accordance with Council Decision (CFSP) 2016/609, this entry shall apply until 22 October 2016.’


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31984D0409

84/409/EEC: Commission Decision of 21 August 1984 accepting an undertaking in connection with the anti-dumping proceeding concerning imports of certain angles, shapes and sections, of iron or steel, originating in the German Democratic Republic, and terminating that proceeding

Official Journal L 227 , 24/08/1984 P. 0033 - 0034

*****COMMISSION  DECISION  of 21 August 1984  accepting an undertaking in connection with the anti-dumping proceeding concerning imports of certain angles, shapes and sections, of iron or steel, originating in the German Democratic Republic, and terminating that proceeding  (84/409/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 10 thereof,  After consultation within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Provisional action  (1) The Commission, by Regulation (EEC) No 1129/84 (2), imposed a provisional anti-dumping duty on imports of certain angles, shapes and sections, of iron or steel, originating in the German Democratic Republic.  B. Subsequent procedure  (2) Following the imposition of the provisional anti-dumping duty, the exporter of the product concerned made its views known in writing and requested an opportunity to be heard by the Commission, which was granted.  C. Dumping  (3) No new evidence on dumping has been received since the imposition of the provisional duty; therefore the Commission confirms its findings on dumping as set out in Regulation (EEC) No 1129/84 to be definitive.  D. Injury  (4) No fresh evidence regarding injury to the Community industry has been submitted.  The Commission has therefore confirmed the conclusions on injury, reached in Regulation (EEC) No 1129/84.  E. Community interest  (5) In view of the particularly serious difficulties facing the Community industry, the Commission has come to the conclusion that it is in the Community's interests that action be taken.  F. Undertaking  (6) The exporter concerned was informed of the main findings of the investigation and commented on them. An undertaking was subsequently offered by the exporter concerning its exports of certain angles, shapes and sections, of iron or steel, to the Community.  (7) The effect of the said undertaking will be to increase export prices to the level which the Commission considers necessary to eliminate injury. These increases in no case exceed the dumping margins found in the investigation.  (8) In these circumstances, the undertaking offered is considered acceptable and the proceeding may, therefore, be terminated without imposition of a definitive anti-dumping duty.  (9) No objection to this course was raised in the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Article 1  The undertaking given by Metallurgiehandel-Volkseigener Aussen- und Binnenhandelsbetrieb, Berlin, German Democratic Republic, in connection with the anti-dumping proceeding concerning imports of certain angles, shapes and sections, of iron or steel, originating in the German Democratic Republic and falling within subheading ex 73.11 A III of the Common Customs Tariff, corresponding to NIMEXE code 73.11-31, is hereby accepted.  Article 2  The anti-dumping proceeding referred to in Article 1 is hereby terminated.  Done at Brussels, 21 August 1984.  For the Commission  Étienne DAVIGNON  Vice-President  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No L 109, 26. 4. 1984, p. 11.


title: 2014/789/EU: Council Decision of 10 November 2014 on the conclusion, on behalf of the European Union and its Member States, of the Additional Protocol to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the accession of Croatia to the European Union

text:
               14.11.2014

               EN

               Official Journal of the European Union

               L 329/1

         COUNCIL DECISION
   of 10 November 2014
   on the conclusion, on behalf of the European Union and its Member States, of the Additional Protocol to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the accession of Croatia to the European Union

      (2014/789/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Articles 100(2) and 167(3) and Article 207, in conjunction with point (a)(v) of the second subparagraph of Article 218(6), thereof,
   Having regard to the Act of Accession of Croatia, and in particular the second subparagraph of Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with Council Decision 2014/257/EU (1), the Additional Protocol to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the accession of Croatia to the European Union (‘the Additional Protocol’) was signed, and has been applied provisionally as from 1 July 2013, pending the completion of the procedures for its conclusion.

               (2)

               The Additional Protocol should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Additional Protocol to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, to take account of the accession of Croatia to the European Union is hereby approved on behalf of the Union and its Member States (2).
   Article 2
   The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union and its Member States, to give the notification referred to in Article 9 of the Additional Protocol regarding completion of the internal procedures for the entry into force.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 10 November 2014.

            For the Council

            The President

         M. MARTINA

      (1)  OJ L 140, 14.5.2014, p. 1.

      (2)  The text of the Additional Protocol will be published together with the decision on its signature.


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31992D0232

92/232/EEC: Council Decision of 1 October 1991 on the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria concerning the adjustment of the Community import arrangements applicable to certain beef and veal sector products originating in Austria

Official Journal L 111 , 29/04/1992 P. 0020 - 0020

COUNCIL DECISION  of 1 October 1991  on the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria concerning the adjustment of the Community import arrangements  applicable to certain beef and veal sector products originating in Austria  (92/232/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas, under an exchange of letters signed on 21 July 1972, the Community introduced, with effect from 10 May 1973, a special import price system for certain products in the beef and veal sector originating in Austria; whereas those arrangements  should be adjusted in the light of experience gained;  Whereas, to this end, the Commission has negotiated an agreement with Austria and the said agreement should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria concerning the adjustment of the Community import arrangements applicable to certain beef and veal sector products  originating in Austria is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  1. The President of the Council is hereby authorized to designate the person empowered to sign the Agreement.  2. The President of the Council shall give, on behalf of the Community, the notification provided for in part 5 of the second subparagraph of the Agreement. Done at Brussels, 1 October 1991. For the Council  The President  H. VAN DEN BROEK    ANNEX  List of products referred to in point 1  CN-code   0102 90 10  0102 90 31  0102 90 33  0102 90 35  0102 90 37  0201 10 10  0201 10 90  0201 20 21  0201 20 29  0201 20 31  0201 20 39  0201 20 51  0201 20 59  0201 20 90  0201 30 00  0206 10 95  0210 20 10 1602 50 10  0210 20 90 1602 90 61  0210 90 41  0210 90 90   Letter No 2  Sir,  I have the honour to acknowledge receipt of your letter of today's date which reads as follows:  'I refer to the exchange of letters on 21 July 1972 between the Community and Austria and to the negotiations which have taken place between the two contracting parties with a view to adjusting, in accordance with the spirit of Article 15 of the Free  Trade Agreement between the EEC and Austria, the Community import arrangements applicable to certain beef/veal sector products originating in Austria.  During the abovementioned negotiations, it was noted that it would be appropriate, in the light of experience gained, to change the import arrangements as follows:  1. In place of the special import price arrangements introduced in 1973, the Community shall open, in favour of Austria, an annual tariff quota of 63 500 tonnes, expressed in carcase weight equivalent, with a levy equal to 13 % of the standard levy  applicable to imports from non-member countries, for the products listed in the Annex.  2. For the products listed in the Annex, Austria shall communicate to the competent authorities of the Community all the relevant data concerning the export prices charged, the amount of any export refunds granted and the quantities and presentation of  the products exported.  Austria shall further undertake to ensure that the prices charged by Austrian exporters do not cause any distortion of the Community market.  Any export refunds paid by Austria shall take account of the market and prices for cattle, beef and veal in the Community.  However, in cases where the prices quoted do fall below Community prices, consultations shall be held forthwith to ensure that any undercutting of Community market prices is offset by a corresponding reduction in export refunds.  In cases where there is evidence of price undercutting, the Austrian authorities shall further undertake to impose penalties on individual exporters whose conduct is such as to distort the market.  The Community shall reserve the right to take the necessary protective measures following further consultations with Austria.  In order to help stabilize the internal market of the Community, Austria shall observe an appropriate frequency of delivery and take all necessary steps to ensure that its exports to the Community develop in an orderly manner.  The detailed rules for the application of this paragraph shall be laid down within the framework of cooperation to be established between the competent authorities of Austria and of the Community.  3. Only products originating in Austria, i.e., live bovine animals born and raised in Austria and products listed in the Annex obtained exclusively from such animals, shall be eligible for the reduced levy referred to in point 1.  Originating products within the meaning of this Agreement shall qualify for a reduced levy upon importation into the Community, on presentation of one of the documents referred to in Article 8 (1) of Protocol 3 annexed to the Free Trade Agreement  concluded on 22 July 1972 between the Community and Austria (Official Journal of the European Communities No L 149 of 15 June 1988).  The words 'VERMINDERTE ABSCHOEPFUNG' (reduced levy) must be indicated on the document providing evidence of the abovementioned origin.  The provisions of Protocol 3 concerning direct transport of the products and the issue and verification of documents providing evidence of origin shall apply mutatis mutandis to this Agreement.  4. This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Austria.  5. The provisions of this Agreement shall apply from the first day of the second month following mutual notification by the contracting parties of the completion of their internal procedures.  However, should that date not coincide with the beginning of the calendar year, the provisions referred to in point 1 shall be applied prorata temporis for the first year.  I should be obliged if you would confirm that the Government of the Republic of Austria is in agreement with the contents of this letter.'  I have the honour to confirm that my Government is in agreement with the contents of your letter.  Please accept, Sir, the assurance of my highest consideration.  For the  Republic of Austria       ANNEX  List of products referred to in point 1  CN-code   0102 90 10  0102 90 31  0102 90 33  0102 90 35  0102 90 37  0201 10 10  0201 10 90  0201 20 21  0201 20 29  0201 20 31  0201 20 39  0201 20 51  0201 20 59  0201 20 90  0201 30 00  0206 10 95  0210 20 10 1602 50 10  0210 20 90 1602 90 61  0210 90 41  0210 90 90


title: Council Decision 2014/71/CFSP of 18 November 2013 on the signing and conclusion of the Agreement between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in European Union crisis management operations

text:
               11.2.2014

               EN

               Official Journal of the European Union

               L 40/1

         COUNCIL DECISION 2014/71/CFSP
   of 18 November 2013
   on the signing and conclusion of the Agreement between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in European Union crisis management operations
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and (6) of the Treaty on the Functioning of the European Union,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               Conditions regarding the participation of third States in European Union crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than being defined on a case-by-case basis for each operation concerned.

               (2)

               Following the adoption of a Decision by the Council on 26 April 2010 authorising the opening of negotiations, the High Representative of the Union for Foreign Affairs and Security Policy negotiated an agreement between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in European Union crisis management operations (‘the Agreement’).

               (3)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Republic of Chile establishing a framework for the participation of the Republic of Chile in the European Union crisis management operations is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
   Article 3
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 16(1) of the Agreement (1).
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 18 November 2013.

            For the Council

            The President

         C. ASHTON

      (1)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: 2012/647/EU: Council Decision of 16 October 2012 appointing a German member of the Committee of the Regions

text:
               18.10.2012

               EN

               Official Journal of the European Union

               L 287/11

         COUNCIL DECISION
   of 16 October 2012
   appointing a German member of the Committee of the Regions
   (2012/647/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the German Government,
   Whereas:

               (1)

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

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Petra ROTH,

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

               —

               Ms Dagmar MÜHLENFELD, Oberbürgermeisterin der Stadt Mülheim an der Ruhr.

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

      Done at Luxembourg, 16 October 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

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

      (2)  OJ L 12, 19.1.2010, p. 11.


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32000D0153

2000/153/EC: Council Decision of 14 February 2000 appointing a German member of the Committee of the Regions

Official Journal L 051 , 24/02/2000 P. 0022 - 0022

COUNCIL DECISIONof 14 February 2000appointing a German member of the Committee of the Regions(2000/153/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 Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas:A seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Hans-Otto Bräutigam, member, notified to the Council on 11 January 2000.Having regard to the proposal from the German Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Kurt Schelter is hereby appointed a member of the Committee of the Regions in place of Mr Hans-Otto Bräutigam for the remainder of his term of office, which runs until 25 January 2002.Done at Brussels, 14 February 2000.For the CouncilThe PresidentJ. GAMA(1) OJ L 28, 4.2.1998, p. 19.


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32002D0996

2002/996/JHA: Council Decision of 28 November 2002 establishing a mechanism for evaluating the legal systems and their implementation at national level in the fight against terrorism

Official Journal L 349 , 24/12/2002 P. 0001 - 0003

Council Decisionof 28 November 2002establishing a mechanism for evaluating the legal systems and their implementation at national level in the fight against terrorism(2002/996/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Articles 29 and 34(1) thereof,Having regard to the initiative of the Kingdom of Spain(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The Justice and Home Affairs Council meeting on 20 September 2001 decided, as recorded in point 15 of its Conclusions, to instruct the Article 36 Committee to work out an easier and swifter form of the evaluation mechanism defined in Joint Action 97/827/JHA of 5 December 1997 establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organised crime(3), in order to define a procedure for the peer assessment of national anti-terrorist arrangements.(2) It is necessary to improve the national legal systems in the fight against terrorism and their implementation.(3) The primary responsibility for designing each legal system and implementing it at national level rests with each Member State, although, in the context of the European Union, Member States inform each other of the content in order to achieve greater efficiency in the fight against terrorism.(4) It is also desirable, in accordance with the content of the abovementioned Council mandate of 20 September 2001, to establish a mechanism which, in the context of the cooperation provided for in the Treaty, enables Member States to evaluate the national legal systems in the fight against terrorism and their implementation on a basis of equality and mutual confidence,HAS DECIDED AS FOLLOWS:Article 1Establishment of the evaluation mechanism1. A mechanism for peer evaluation of the national arrangements in the fight against terrorism within the framework of international cooperation between Member States shall be established in accordance with the detailed rules set out below.2. Each Member State shall undertake to ensure that its national authorities cooperate closely with the evaluation teams set up under this Decision with a view to its implementation, with due regard for the rules of law and ethics applicable at national level.Article 2Evaluation subjects1. For each evaluation exercise, the specific subject of the evaluation as well as the order in which Member States are to be evaluated shall be defined by the Article 36 Committee, on a proposal from the Presidency.Depending on the specific subject chosen for the evaluation, the Article 36 Committee shall also decide whether to designate a Council Working Party subordinate to it to carry out the evaluation or to carry it out itself.In addition, the Article 36 Committee shall decide the frequency of each evaluation exercise.2. The Presidency of the Council shall prepare the evaluation assisted by the General Secretariat of the Council which shall use in particular the national experts seconded to it for that purpose. The Commission shall be fully involved in the preparatory work.3. The first evaluation exercise shall finish no later than mid-2003.Article 3Designation of experts1. Each Member State shall send the General Secretariat of the Council, at the Presidency's initiative, and no later than four weeks after the date on which the Article 36 Committee decides to start an evaluation on a specific subject, the names of one to three experts having substantial experience of the subject to which the evaluation relates in the field of combating terrorism and who are prepared to participate in at least one evaluation exercise.2. The Presidency shall draw up a list of the experts designated by the Member States and shall forward it to the Article 36 Committee or to the Working Party designated for the purpose.Article 4Evaluation teamOn the basis of the list referred to in Article 3(2), the Presidency shall choose a team of two experts for the evaluation of each Member State, ensuring that they are not nationals of the Member State in question.The names of the experts chosen to make up each evaluation team shall be notified to the Article 36 Committee or to the Working Party designated for the purpose.The evaluation team shall be assisted in all its tasks by the General Secretariat of the Council and by the Commission.Article 5Preparation of the questionnaireThe Presidency shall, with the assistance of the General Secretariat of the Council and the Commission, draw up a questionnaire for the purposes of evaluating all Member States in the framework of the specific subject defined in Article 2(1) and shall submit it for approval to the Article 36 Committee or to the Working Party designated for the purpose. In this context, where appropriate, the opinion of any Council Working Party with competence in the subject matter covered by the evaluation shall be requested. The questionnaire shall be designed to establish all information useful for the conduct of the evaluation. The Member State being evaluated shall ensure that it replies to the questionnaire within one month and as fully as possible and attaches where necessary all legal provisions and technical and practical data required.Article 6Evaluation visitNo later than six weeks after receiving the reply to the questionnaire, where it is considered appropriate, the evaluation team shall travel to that Member State, with a view to clarifying the replies to the questionnaire, with a programme of visits arranged by the Member State visited on the basis of the evaluation team's proposal, for interviews with the political, administrative, police, customs and judicial authorities and any other relevant body.Article 7Preparation of the draft reportNo later than 15 days after receiving the replies to the questionnaire or after the visit referred to in Article 6 if such a visit has taken place, the evaluation team shall draw up a concise draft report and submit it to the Member State evaluated, which shall give its opinion within six weeks. If the evaluation team deems it appropriate, it shall amend its report in the light of the comments made by the Member State evaluated.Article 8Discussion and adoption of the report1. The Presidency shall forward the draft report, which shall be confidential, to the members of the Article 36 Committee or to the Working Party designated for the purpose, together with any of the comments by the Member State evaluated which were not accepted by the evaluation team.2. The meeting of the Article 36 Committee or the Working Party designated for the purpose shall begin with a presentation of the draft report by the members of the evaluation team. The representative of the Member State evaluated shall then provide any comment, information or explanation he deems necessary. The Article 36 Committee or the Working Party designated for the purpose shall then discuss the draft report and adopt its conclusions by consensus.3. The Presidency shall, at the end of a complete evaluation exercise, inform the Council by the appropriate means of the results of the evaluation exercises. The Council may, where it sees fit, address any recommendations to the Member State concerned and may invite it to report back to the Council on the progress it has made by a deadline to be set by the Council.4. In accordance with Article 9(2), the Presidency shall inform the European Parliament at the end of a complete evaluation exercise of the implementation of the evaluation mechanism.Article 9Confidentiality1. The experts on the evaluation teams shall be required to respect the confidentiality of any information they receive in connection with their task. Member States shall therefore ensure that the experts they appoint under Article 3 have an appropriate security level.2. The report drawn up within the framework of this Decision shall be at least a restricted document. However, the Member State evaluated may publish the report on its own responsibility. It shall obtain the Council's consent if it wishes to publish only parts of it.Article 10Review of the mechanismNo later than at the end of the first evaluation of all the Member States, the Council shall examine the detailed rules and scope of the mechanism and shall, if appropriate, make adjustments to this Decision.Article 11Date of effectThis Decision shall take effect on the day of its publication in the Official Journal.Article 12PublicationThis Decision shall be published in the Official Journal.Done at Brussels, 28 November 2002.For the CouncilThe PresidentB. Haarder(1) OJ C 151, 25.6.2002, p. 14.(2) Opinion delivered on 24 September 2002 (not yet published in the Official Journal).(3) OJ L 344, 15.12.1997, p. 7.


title: 2009/576/EC: Council Decision of 27 July 2009 appointing one UK alternate member of the Committee of the Regions

text:
               30.7.2009

               EN

               Official Journal of the European Union

               L 198/55

      COUNCIL DECISION

   of 27 July 2009
   appointing one UK alternate member of the Committee of the Regions
   (2009/576/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 of the Government of the United Kingdom,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               An alternate member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Robert NEILL,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following is hereby appointed to the Committee of the Regions as an alternate member for the remainder of the current term of office, which runs until 25 January 2010:
   Mr Roger EVANS, Assembly Member for Havering & Redbridge, England (appointed on behalf of Greater London Assembly)
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 27 July 2009.

            For the Council

            The President

         C. BILDT

      (1)  OJ L 56, 25.2.2006, p. 75.


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31989D0650

89/650/EEC: Council Decision of 19 December 1989 on the conclusion of the Agreement in the form of an exchange of letters concerning the provisional application of the protocol laying down the conditions relating to fishing provided for in the Agreement on fisheries between the European Economic Community, on the one hand, and the government of Denmark and the home rule government of Greenland, on the other hand, for the period from 1 January 1990 to 31 December 1994

Official Journal L 389 , 30/12/1989 P. 0080

COUNCIL DECISION of 19 December 1989 on the conclusion of the Agreement in the  form of an Exchange of Letters concerning the provisional application of the Protocol laying down  the conditions relating to fishing provided for in the Agreement on fisheries between the European  Economic Community, on the one hand, and the Government of Denmark and the Home Rule Government of  Greenland, on the other hand, for the period from 1 January 1990 to 31 December 1994 (89/650/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to the Agreement on fisheries between the European Economic Community, on the one  hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other(1),  signed in Brussels on 13 March 1984, Having regard to the proposal from the Commission, Whereas pursuant to Article 14 of the abovementioned Agreement, the two Parties held negotiations  with a view to determining the fishing arrangements to apply to the end of the period of  application of the Protocol signed in Brussels on 13 March 1984(2); Whereas as a result of these negotiations a new Protocol laying down the conditions relating to  fishing was initialled on 30 June 1989; Whereas, in order to avoid interruption of fishing activities of Community vessels, it is essential  that the Protocol be approved as quickly as possible; whereas both Parties have therefore  initialled an Agreement in the form of an Exchange of Letters providing for the provisional  application of the Protocol from the expiry of the Protocol currently in force; whereas the  Agreement in the form of an Exchange of Letters should be approved, pending a definitive decision under Article 43 of the  Treaty, HAS DECIDED AS FOLLOWS: Article 1 The Agreement in the form of an Exchange of Letters concerning the provisional  application of the Protocol laying down the conditions relating to fishing provided for in the  Agreement on fisheries between the European Economic Community, on the one hand, and the Government  of Denmark and the Home Rule Government of Greenland, on the other, for the period from 1 January  1990 to 31 December 1994 is hereby approved on behalf of the Community. The text of the Agreement is attached to this Decision. Article 2 The President of the Council is hereby authorized to designate the persons empowered to  sign the Agreement in the form of an Exchange of Letters in order to bind the Community. Done at Brussels, 19 December 1989. For the CouncilThe PresidentJ. MELLICK (1)OJ N° L 29, 1. 2. 1985, p. 11.  (2)OJ N° L 29, 1. 2. 1985, p. 14.


title: 2005/547/EC: Decision of the European Parliament of 12 April 2005 on the discharge to the Director of the European Monitoring Centre for Drugs and Drug Addiction in respect of the implementation of its budget for the financial year 2003

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 196/120

      DECISION OF THE EUROPEAN PARLIAMENT

   of 12 April 2005
   on the discharge to the Director of the European Monitoring Centre for Drugs and Drug Addiction in respect of the implementation of its budget for the financial year 2003
   (2005/547/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors’ report on the annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the 2003 financial year together with the Monitoring Centre’s replies (1),
   having regard to the Council’s recommendation of 8 March 2005 (6862/2005 — C6-0071/2005),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and in particular Article 185 thereof, and to Council Regulation (EC) No 1651/2003 of 18 June 2003 amending Regulation (EEC) No 302/93 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction (3) and in particular Article 11a thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4) and, in particular, Article 94 thereof,
   having regard to Rules 70 and 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0074/2005),

               1.

               Gives discharge to the Director of the European Monitoring Centre for Drugs and Drug Addiction in respect of the implementation of its budget for the financial year 2003;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Director of the European Monitoring Centre for Drugs and Drug Addiction, the Council, the Commission and the Court of Auditors, and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 324, 30.12.2004, p. 83.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 30.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      containing the comments accompanying the decision on the discharge to the Director of the European Monitoring Centre for Drugs and Drug Addiction in respect of the implementation of its budget for the financial year 2003
      THE EUROPEAN PARLIAMENT,
      having regard to the Court of Auditors’ report on the annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the 2003 financial year together with the Monitoring Centre’s replies (1),
      having regard to the Council’s recommendation of 8 March 2005 (6862/2005 — C6-0071/2005),
      having regard to the EC Treaty, and in particular Article 276 thereof,
      having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and in particular Article 185 thereof, and to Council Regulation (EC) No 1651/2003 of 18 June 2003 amending Regulation (EEC) No 302/93 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction (3) and in particular Article 11a thereof,
      having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4) and, in particular, Article 94 thereof,
      having regard to Rules 70 and 71 of and Annex V to its Rules of Procedure,
      having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0074/2005),

                  A.

                  Whereas the European Court of Auditors (ECA) stated, in its abovementioned specific report, that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2003 were reliable and that the underlying transactions, taken as a whole, were legal and regular.

                  B.

                  Whereas on 21 April 2004 the European Parliament gave discharge (5) to the Director of the European Monitoring Centre for Drugs and Drug Addiction (the Centre) in respect of the implementation of its budget for the 2002 financial year and in the resolution accompanying the discharge decision, the European Parliament, inter alia:

                              —

                              encouraged the Centre in its efforts aimed at further reducing carry-overs,

                              —

                              noted the Centre’s undertaking that it would respect in future the segregation of duties between accounting officer and authorising officer as required by the Financial Regulation,

                              —

                              invited the Centre to correct shortcomings detected by the ECA in personnel management and in particular in the way selection procedures were carried out;

            1.   Notes the following figures for the accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial years 2003 and 2002:
      Revenue and expenditure account for the financial years 2003 and 2002

                  (in EUR 1000)

                  2003

                  2002

                  Revenue

                  Commission subsidies

                  9 300

                  9 000

                  Subsidies from Norway

                  421

                  413

                  Phare subsidies

                  334

                  735

                  Other revenue

                  67

                  133

                  Total revenue (a)

                  10 122

                  10 280

                  Expenditure

                  Staff — Title I of the budget

                  Payments

                  5 240

                  4 951

                  Appropriations carried over

                  88

                  80

                  Administration — Title II of the budget

                  Payments

                  558

                  632

                  Appropriations carried over

                  272

                  509

                  Operating expenditure — Title III of the budget

                  Payments

                  2 281

                  2 525

                  Appropriations carried over

                  1 679

                  1 001

                  Total expenditure (b)

                  10 117

                  9 698

                  Outturn for the financial year (a – b)

                  5

                  582

                  Balance carried over from the previous financial year

                  1 626

                  639

                  Appropriations carried over and cancelled

                  221

                  392

                  Sums for reuse from the previous financial year not used

                  21

                  9

                  Refunds to the Commission

                  – 1 584

                  —

                  Exchange rate differences

                  6

                  3

                  Balance for the financial year

                  295

                  1 626

                     NB: The totals may include differences due to rounding.

                     Source: Data from the Monitoring Centre.

            2.   Invites the Centre to step up efforts with a view to remedying rapidly all shortcomings related to the organisation of its inventory, including the physical stock control, proper documentation and adequate IT support;
      3.   Notes the ECA’s concern over the various problems detected with regard to the management of contracts concluded with the national focal points; expects the Centre to monitor better the implementation of such contracts;
      4.   Welcomes the Centre’s decision to conclude an evaluation of the quality of work delivered by national Centres in the preceding year prior to making any advance payment for the following financial year; expects the Centre, in this connection, to indicate those among its activities that could be financed by differentiated appropriations;
      5.   Notes the Centre’s efforts to develop a proactive attitude as regards information provided to the general public and to third countries which express an interest in its work;
      6.   Welcomes the measures taken to promote equal opportunity policy and encourages the Centre to follow up and evaluate such measures regularly to ensure their implementation;
      7.   Welcomes the Centre’s communication strategy and commitment to informing the general public;
      General points addressed to the Commission and the Agencies

                  8.

                  Recalls its position that while it supported the Commission’s efforts to establish a limited number of models, at least for future ‘regulatory’ agencies, it took the view that the structure of current and future agencies merited in-depth consideration at interinstitutional level; also stresses that before the Commission defines the framework conditions for the use of regulatory agencies an Interinstitutional Agreement should spell out common guidelines; this should happen before setting up a harmonised framework for the structure of the agencies;

                  9.

                  Notes the Commission’s position (6) with regard to delegating responsibility for the execution of tasks to bodies, including agencies, other than the Commission’s core administration; takes the view that this does not answer Parliament’s call for in-depth consideration at interinstitutional level of the structure of existing agencies; therefore invites the Commission to provide clarification on this point and on the future overall Interinstitutional Agreement related to the new arrangements to be set up within or in parallel with the Financial Perspective (7);

                  10.

                  Invites the Commission to organise and perform in the medium term, e.g. on a standard three-year cycle, a cross-cutting analysis of the evaluations carried out on individual Agencies in order to:

                              (a)

                              reach conclusions with regard to the coherence of Agency activity with EU policies in general and as regards the synergies existing or to be developed between the agencies and Commission departments and the avoidance of overlapping between them;

                              (b)

                              make an assessment of the broader European added value of the Agencies’ outputs in their respective area of activity and of the relevance, efficiency and effectiveness of the Agency model in implementing or contributing to EU policies;

                              (c)

                              determine and enhance the impact of the Agencies’ actions in terms of the proximity, accessibility and visibility of the EU to its citizens;

                  11.

                  Expects such an overall analysis to be available by the end of 2005 so as to cover the three-year period from the time of the introduction of the new Financial Regulation and the consequent new framework in the Agencies’ system;

                  12.

                  Invites the Agencies to participate actively in such a process and to cooperate with the Commission, providing the necessary input on matters that they feel are of substance to their functioning, role, remit and needs, as well as on any matter which could help to improve the whole discharge procedure, with a view to contributing to the success of such a process and increasing the accountability and transparency of the Agencies; invites Agencies to present such input also to its competent committees;

                  13.

                  Calls on the Commission, in parallel with this exercise, to present by the end of 2005 at the latest, proposals for changes to be made in the existing Agencies’ Constituent Acts with a view, inter alia, to optimising its relationship with the Agencies; such proposals should aim at:

                              (a)

                              increasing communication between the Commission and the Agencies;

                              (b)

                              establishing or expanding cooperation in defining needs to be covered and objectives, outputs to be produced and the strategy to achieve them, and in setting standards for monitoring and evaluation;

                              (c)

                              enhancing complementary action, better organising the necessary resources and their effective allocation to produce results, and devising a communication strategy for dissemination of those results;

                  14.

                  Emphasises that, before any decision is taken to propose the creation of a new agency, the Commission must undertake a strict evaluation of the need and added value of the function of this agency, bearing in mind existing structures, the principles of subsidiarity, budgetary austerity and the simplification of procedures;

                  15.

                  Expects the Commission to present swiftly the guidelines concerning staff policy of the Agencies that Parliament had requested the Commission to present before the end of the 2005 budgetary procedure;

            General points addressed to the Agencies

                  16.

                  Expects to receive from now on, from each of the Agencies, the report summarising information on the audits carried out by the Internal Auditor, the recommendations made and the action taken on these recommendations in accordance with Article 72(5) of Regulation (EC, Euratom) No 2343/2002;

                  17.

                  Invites the Agencies to make further efforts to apply correctly the staff regulations and rules applicable to other civil servants with regard to their staff (recruitment procedures and relevant decisions taken, personal files, calculation of remuneration and other entitlements, promotions policy, percentage of vacant posts, quotas for respecting gender equality, etc.);

                  18.

                  Notes that, in general, the respective percentage of male and female employees in the overall staff composition of the Agencies shows that an imbalance between men and women exists; regrets that men make up about one third of staff and are over-represented in high grade positions while women are generally over-represented in low grade positions; expects the Agencies to take immediate and effective measures to correct this situation;

                  19.

                  Calls on the Agencies to ensure that all the relevant provisions of Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (8) are introduced in their respective staff policies;

                  20.

                  Expects the Agencies, in response to the relevant observations of the ECA, to comply fully with the budgetary principles as set out in the Financial Regulation, in particular those of unity and budgetary accuracy; calls on the Agencies that have not yet done so to fulfil the Financial Regulation’s requirements on accounting matters and to strengthen further their procedures as regards internal management and control with the aim of increasing accountability, transparency and European added value;

                  21.

                  Encourages the Agencies, especially those whose activities have points in common with the activities or missions of other Agencies, to strengthen their cooperation, thus opening up opportunities for developing synergies; invites them to formalise, where appropriate, such cooperation through specific agreements (joint declarations, memoranda of understanding, decisions on joint planning and actions/programmes presenting complementary characteristics) so as to ensure that there is no duplication of work, that each Agency’s output is clearly identified and that the result of joint efforts maximises the added value and the impact of their work; expects to be informed regularly on this issue;

                  22.

                  Calls on the Agencies to pay special attention to procedures for the award and management of contracts; invites them to take all appropriate measures as regards their administrative structures in order to strengthen their internal control procedures, channels and management; takes the view that such measures may include, where necessary or feasible, the setting-up of specialised units entrusted with the task of advising, on the basis of risk analysis, on how best to prepare contract award procedures, to ensure monitoring and to carry out follow-up, as required; on this matter, calls on the Commission and the ECA to strengthen cooperation with the Agencies;

                  23.

                  Notes the difficulties to which some Directors, in particular of the ‘newly created’ Agencies, referred with regard to the Agencies’ compliance with the calendar and deadlines for reporting as set in the Financial Regulation; invites the Agencies’ Directors, in the perspective of the forthcoming review of the Financial Regulation to be held in 2005, to inform its Committees on Budgets and Budgetary Control of the difficulties encountered so far so that these may be considered in the framework of the review; expects the Directors to make specific proposals for alternative arrangements as to deadlines that may best suit their functioning requirements while respecting the reporting obligations of the Agencies as provided for in the Financial Regulation;

                  24.

                  Notes the positive response by the Agencies’ Directors to the call by Parliament’s committee responsible for preparing discharge for the establishment of a more precise system of communication, in particular as regards the transmission by the Agencies to that committee of documents relating to the Agencies’ reporting obligations; takes the view that better organisation of such communication will strengthen its cooperation with the Agencies and enhance democratic control;

                  25.

                  Invites the Directors of the Agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors-General of the Commission;

                  26.

                  Invites the Agencies to develop a comprehensive strategy of communication addressing the need to make available, in the appropriate form, the results of their work to the general public beyond the presentation of such results to the Institutions, Member States’ competent services, specialists, partners or specific beneficiaries; calls on the Agencies, in view of the development of such a strategy, to intensify their cooperation and exchange information on best practice aimed at achieving this goal; expects its competent committees to be duly informed by the Agencies, before the next discharge exercise, on the progress made in devising such a strategy in order to ensure the effective and timely monitoring of their activities;

            General points addressed to the ECA and the Agencies

                  27.

                  Welcomes the ECA’s initiative to add a table to its specific reports on the Agencies presenting summary information on the competences, governance, resources available and products/output of the particular agency; takes the view that this enhances the clarity and transparency of the work of these Community bodies, while providing a useful basis for comparison, where appropriate, with a view to helping set up the harmonised framework for the Agencies that Parliament has called for;

                  28.

                  Invites the ECA and the Agencies to strengthen their cooperation in order to enhance the procedures and technical tools to improve the sound management of all the budgetary and finance issues, with the view to establishing a methodology that prepares the ground for a positive budget discharge from the start of the process; expects to be informed regularly of the progress made and the implementation of best practices;

                  29.

                  Calls on the ECA and the Agencies to enhance transparency in the procédure contradictoire prior to the ECA’s final report, so as to avoid any contradiction or ambiguity which could jeopardise the credibility of the whole exercise; in this respect, invites the ECA and the Commission to propose a feasible way of updating information on the improvements made and/or the problems found, from the time when the ECA’s preparatory report is first discussed until the time of the decision as to whether to grant discharge, in order to offer the most accurate picture of the situation of the Agencies.

         (1)  OJ C 324, 30.12.2004, p. 83.

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

         (3)  OJ L 245, 29.9.2003, p. 30.

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

         (5)  OJ L 330, 4.11.2004, p. 59.

         (6)  As set out in Annex 1 to the Communication from the Commission to the Council and the European Parliament ‘Building our common future, policy challenges and budgetary means of the enlarged Union 2007-2013’ 2007-2013, (COM(2004) 0101, p. 38).

         (7)  See Annex to the Commission’s report on the follow-up to 2002 Discharges (COM(2004) 0648, p. 108).

         (8)  OJ L 269, 5.10.2002, p. 15.


Avis juridique important

|

31995D0541

95/541/EC: Council Decision of 4 December 1995 on the conclusion of the European Community of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Ukraine, of the other part

Official Journal L 311 , 23/12/1995 P. 0001 - 0001

COUNCIL DECISION of 4 December 1995 on the conclusion by the European Community of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Ukraine, of the other part (95/541/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2), first sentence thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (1),Whereas, pending the entry into force of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Ukraine, of the other part, signed in Luxembourg on 14 June 1994, it is necessary to approve the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community of the one part, and Ukraine, of the other part, signed in Brussels on 1 June 1995,HAS DECIDED AS FOLLOWS:Article 1The Interim Agreement on trade and trade-related matters, between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Ukraine, of the other part, together with the Protocol and the declarations, are hereby approved on behalf of the European Community.These texts are attached to this Decision.Article 2The President of the Council shall give the notification provided for in Article 36 of the Interim Agreement (2) on behalf of the European Community.Done at Brussels, 4 December 1995.For the CouncilThe PresidentJ. SOLANA(1) OJ No C 308, 20. 11. 1995.(2) The date of the entry into force of the Interim Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: 2005/368/EC: Council Decision of 26 April 2005 appointing three Latvian members to the Committee of the Regions

text:
               11.5.2005

               EN

               Official Journal of the European Union

               L 119/11

      COUNCIL DECISION

   of 26 April 2005
   appointing three Latvian members to the Committee of the Regions
   (2005/368/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 Latvian Government,
   Whereas:

               (1)

               On 22 January 2002, the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2002 to 25 January 2006 (1).

               (2)

               Three members’ seats on the Committee of the Regions have become vacant following expiry of the mandates of Mr Andris JAUNSLEINIS, Mr Jānis KALNAČS and Mr Arvīds KUCINS, notified to the Council on 6 April 2005,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed members of the Committee of the Regions for the remainder of the term of office still to run, namely until 25 January 2006:

               —

               Mr Andris ELKSNĪTIS
               (Dobeles pilsētas Domes priekšsēdētājs)
               (Chairman of Dobele Town Council)

               —

               Mr Edmunds KRASTIŅŠ
               (Rīgas domes deputāts)
               (Member of Riga City Council)

               —

               Mr Tālis PUĶĪTIS
               (Siguldas novada domes priekšsēdētājs)
               (Chairman of Sigulda Amalgamated Municipality Council).

         Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the day of its adoption.

      Done at Luxembourg, 26 April 2005.

            For the Council

            The president

         F. BODEN

      (1)  OJ L 24, 26.1.2002, p. 38.


Avis juridique important

|

E1994C0075

EFTA SURVEILLANCE AUTHORITY DECISION No 75/94/COL of 27 June 1994 approving a programme for the eradication of Aujeszky's disease in Sweden and amending Decision No 31/94/COL concerning additional guarantees relating to Aujeszky's disease for pigs destined to EFTA States or regions free of the disease

Official Journal L 247 , 22/09/1994 P. 0052 - 0053

EFTA SURVEILLANCE AUTHORITY DECISION No 75/94/COL of 27 June 1994 approving a programme for the eradication of Aujeszky's disease in Sweden and amending Decision No 31/94/COL concerning additional guarantees relating to Aujeszky's disease for pigs destined to EFTA States or regions free of the disease THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, and in particular Article 17 and Protocol 1 (4) (d) thereof,Having regard to the Act referred to in point 1 of Chapter I of Annex I to the Agreement on the European Economic Area on animal health problems affecting intra-Community trade in bovine animals and swine (Council Directive 64/432/EEC; hereinafter referred to as 'the Cattle and Swine Act`), and in particular Articles 9 and 10 thereof,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5 (2) (d) and Protocol 1, Article 1 (c) and (e) thereof,Whereas Sweden is implementing a programme to eradicate Aujeszky's disease (AD), as stated in letters dated 15 December 1993 and 6 June 1994;Whereas the AD eradication programme fulfils the criteria as laid down in Article 9 of the Cattle and Swine Act;Whereas it is appropriate to propose certain additional guarantees to protect the progress already made, and to ensure that the programme is successfully concluded in Sweden;Whereas the authorities of Sweden apply for national movement of pigs for breeding and production rules at least equivalent to those foreseen in this Decision;Whereas Norway considers, as stated in letters dated 3 January and 1 June 1994, its territory to be free from AD and has submitted supporting documentation to the EFTA Surveillance Authority as provided for in Article 10 (1) of the Cattle and Swine Act;Whereas it is appropriate to define certain additional guarantees to protect the disease status in Norway;Whereas the authorities of Norway apply for national movement of pigs for breeding and production rules at least equivalent to those foreseen by the present Decision;Whereas the additional guarantees provided for in the present Decision must not be requested from EFTA States or regions thereof which have an equivalent or better health status with regard to AD;Whereas the measures provided for in this Decision are in accordance with the opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority,HAS ADOPTED THIS DECISION:1. The programme for the eradication of Aujeszky's disease in Sweden is hereby approved until 30 June 1997.2. EFTA Surveillance Authority Decision No 31/94/COL of 29 April 1994 concerning additional guarantees relating to Aujeszky's disease for pigs destined to EFTA States or regions free of the disease is hereby amended as follows:2.1. point 5 is replaced by the following:'5. The health certificate referred to as Model III in Annex F to the Cattle and Swine Act must be completed by the following for pigs destined for an EFTA State or region thereof, listed in Annex I, and coming from an EFTA State or EC Member State or region thereof:"pigs in accordance with EFTA Surveillance Authority Decision No 31/94/COL of 29 April 1994 concerning Aujeszky's disease as amended by EFTA Surveillance Authority Decision No 75/94/COL. In the case of pigs for breeding the test used was the whole virus Elisa/Elisa for g1 antibodies. (Delete where applicable)".`;2.2. point 6 is replaced by the following:'6. The conditions laid down in points 1 to 5 shall not apply to the introduction of pigs into an EFTA State or region thereof, listed in Annex I (A), from an EFTA State listed in Annex I (A).`;2.3. the following point 6a is inserted:'6a. The conditions laid down in points 1 to 5 shall not apply to the introduction of pigs into an EFTA State or region thereof, listed in Annex I (B), from an EFTA State listed in Annex I (A) or (B).`;2.4. Annex I is replaced by the Annex to this Decision.3. This Decision shall enter into force on 1 July 1994.4. This Decision is addressed to the EFTA States.5. This Decision shall be authentic in the English language.Done at Brussels, 27 June 1994.For the EFTA Surveillance AuthorityPekka SÄILÄCollege MemberANNEX 'ANNEX IA. Regions free of Aujeszky's disease which do not permit vaccinationFinland: All regionsNorway: All regions.B. Regions which have an eradication programme for Aujeszky's disease and do not permit vaccinationSweden: All regions.`


title: 2008/818/EC: Decision of the European Parliament and of the Council of 22 October 2008 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

text:
               29.10.2008

               EN

               Official Journal of the European Union

               L 285/13

      DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 22 October 2008
   on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
   (2008/818/EC)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   having regard to the Treaty establishing the European Community,
   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   having regard to Council Regulation (EC) No 1927/2006 of the European Parliament and of the Council 20 December 2006 on establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   having regard to the Commission proposal,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (the Fund) was created to provide additional support to workers who suffer from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market.

               (2)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 500 million.

               (3)

               On 6 February 2008 Spain submitted an application to deploy the Fund in respect of redundancies in the automobile sector, specifically for workers made redundant by Delphi Automotive Systems España, S.L.U. The application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006.

               (4)

               On 8 May 2008 Lithuania submitted an application to deploy the Fund in respect of redundancies in the textile sector, specifically for workers made redundant by Alytaus Tekstile. The application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006.

               (5)

               The Fund should, therefore, be mobilised in order to provide a financial contribution in respect of the applications,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   For the general budget of the European Union for the financial year 2008, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 10 770 772 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 22 October 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J.-P. JOUYET

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


title: 2008/516/EC: Decision of the European Parliament of 24 April 2007 on closing the accounts of the European Environment Agency for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/111

      DECISION OF THE EUROPEAN PARLIAMENT

   of 24 April 2007
   on closing the accounts of the European Environment Agency for the financial year 2005
   (2008/516/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Environment Agency for the financial year 2005 (1),
   having regard to the Court of Auditors’ report on the final annual accounts of the European Environment Agency for the financial year 2005, together with the Agency’s replies (2),
   having regard to the Council’s Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation network (4), and in particular Article 13 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0103/2007),

               1.

               Notes that the final annual accounts of the European Environment Agency for the financial years 2004 and 2005 are as follows:
               Revenue and expenditure account for the financial years 2004 and 2005

                           (in EUR 1000)

                           2005

                           2004

                           Revenue

                           EC subsidy

                           34 970

                           29 658

                           Other subsidies

                           745

                           1 998

                           Bank interest

                           153

                           126

                              Total revenue (a)

                              35 868

                              31 782

                              Expenditure

                              Total expenditure for Title 1 of the budget

                           Payments

                           13 958

                           12 447

                           Payments — Assigned revenues

                           207

                           2

                           Appropriations carried over

                           510

                           435

                           Appropriations carried over — Assigned revenue

                           343

                           66

                              Total expenditure for Title 2 of the budget

                           Payments

                           2 960

                           3 451 (6)

                           Payments — Assigned revenue

                           16

                           Appropriations carried over

                           896

                           394

                           Appropriations carried over — Assigned revenue

                           63

                           0

                              Total expenditure for Title 3 of the budget

                           Payments

                           8 942

                           9 543

                           Payments — Assigned revenue

                           841

                           14

                           Appropriations carried over

                           4 075

                           4 845

                           Appropriations carried over — Assigned revenue

                           1 891

                           2 419

                              Total expenditure (b)

                              34 702

                              33 616

                              Net result for the year (a-b)

                           1 164

                           -2 822

                           Appropriations carried over and cancelled

                           373

                           507

                           Refunds carried over and cancelled

                           0

                           Adjustment for carry-over from the previous year of appropriations available at 31.12 arising from assigned revenue

                           2 997

                           0

                           Balance carried over from the previous year

                           -6 360

                           -4 190

                           Assigned revenue cancelled

                           98

                           Exchange-rate differences

                           -7

                           3

                           Regularisation regarding previous years

                           0

                           43

                              Balance carried forward

                           -1 832

                           -6 360

                              NB: Variations in total; are due to the effects of rounding.

                              Source: information supplied by the Agency — This table summarises the data provided by the Agency in its annual report;

               2.

               Approves closing the accounts of the European Environment Agency for the financial year 2005;

               3.

               Instructs its President to forward this Decision to the executive director of the European Environment Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 266, 31.10.2006, p. 1.

      (2)  OJ C 312, 19.12.2006, p. 36.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 120, 11.5.1990, p. 1. Regulation as last amended by Regulation (EC) No 1641/2003 (OJ L 245, 29.9.2003, p. 1).

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

      (6)  Includes EUR 905 823 of property taxes paid to the Danish government. The Agency is of the opinion that the amount should be refunded.

      NB: Variations in total; are due to the effects of rounding.

      Source: information supplied by the Agency — This table summarises the data provided by the Agency in its annual report;


title: 2007/633/EC: Council Decision of 18 September 2007 on the conclusion of the Agreement between the European Community and New Zealand on certain aspects of air services

text:
               2.10.2007

               EN

               Official Journal of the European Union

               L 256/27

      COUNCIL DECISION

   of 18 September 2007
   on the conclusion of the Agreement between the European Community and New Zealand on certain aspects of air services
   (2007/633/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with Article 300(2), first sentence of the first subparagraph, and Article 300(3), first subparagraph,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               By a Decision of 5 June 2003 the Council has authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements by a Community agreement.

               (2)

               The Commission has negotiated, on behalf of the Community, an Agreement with New Zealand on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Decision of 5 June 2003.

               (3)

               The Agreement has been signed on behalf of the Community subject to its possible conclusion at a later date, in accordance with Council Decision 2006/466/EC (2).

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and New Zealand on certain aspects of air services is hereby approved on behalf of the Community.
   Article 2
   The President of the Council is authorised to designate the person empowered to make the notification provided in Article 8(1) of the Agreement.

      Done at Brussels, 18 September 2007.

            For the Council

            The President

         R. PEREIRA

      (1)  Not yet published in the Official Journal.

      (2)  OJ L 184, 6.7.2006, p. 25.


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31997D0784

97/784/EC: Council Decision of 22 April 1997 concerning the conclusion of an Agreement on telecommunications procurement and an Agreement in the form of a memorandum concerning the procurement of private telecommunications operators between the European Community and the Republic of Korea

Official Journal L 321 , 22/11/1997 P. 0030 - 0031

COUNCIL DECISION of 22 April 1997 concerning the conclusion of an Agreement on telecommunications procurement and an Agreement in the form of a memorandum concerning the procurement of private telecommunications operators between the European Community and the Republic of Korea (97/784/EC) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113, in conjunction with Article 228 (2), first sentence thereof,Having regard to the proposal from the Commission,Whereas the Agreement on telecommunications procurement and the Agreement in the form of a memorandum concerning the procurement of private telecommunications operators between the European Community and the Republic of Korea should be approved;Whereas the conclusion of the Agreement on telecommunications procurement and the Agreement in the form of a memorandum should be based on Article 113 of the Treaty because the Agreements apply only to products and services which are incidental to the procurement of these products;Whereas it is appropriate that the Council should authorize the Commission, in consultation with a special committee to be appointed by the Council, to approve modifications on behalf of the Community of Annex I to the Agreement on telecommunications procurement; whereas, however, such authorization will be limited to the modifications resulting from the application of the procedure of Article 8 of Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (1),HAS DECIDED AS FOLLOWS:Article 1 The Agreement on telecommunications procurement and the Agreement in the form of a memorandum concerning the procurement of private telecommunications operators between the European Community and the Republic of Korea are hereby approved on behalf of the Community.The texts of the Agreement and of the memorandum are attached to this Decision.Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement and the memorandum in order to bind the Community.Article 3 The Commission is hereby authorized to approve, on behalf of the Community, modifications to Annex I to the Agreement on telecommunications procurement.The Commission shall be assisted in this task by a special committee appointed by the Council.The authorization referred to in the first subparagraph shall be limited to the modifications that will be necessary were the procedures laid down in Article 8 of Directive 93/38/EEC to be applied.Done at Luxembourg, 22 April 1997.For the CouncilThe PresidentJ. VAN AARTSEN(1) OJ L 199, 9. 8. 1993, p. 84. Directive as amended by the 1994 Act of Accession.


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31996D0374

96/374/EC, ECSC, Euratom: Commission Decision of 7 June 1996 adjusting the weightings applicable from 1 June 1995 to the remuneration of officials of the European Communities serving in third countries

Official Journal L 146 , 20/06/1996 P. 0056 - 0057

COMMISSION DECISION of 7 June 1996 adjusting the weightings applicable from 1 June 1995 to the remuneration of officials of the European Communities serving in third countries (96/374/Euratom, ECSC, EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,Having regard to the Staff Regulations of Officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EC, Euratom, ECSC) No 2963/95 (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 (Euratom, ECSC, EC) No 578/96 (3) laid down the weightings to be applied from 1 January 1995 to the remuneration of officials serving in third countries, payable in the currency of their country of employment;Whereas the Commission has made a number of adjustments to these weightings (4) 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 June 1995 given that the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,HAS DECIDED AS FOLLOWS:Sole Article With effect from 1 June 1995 the weightings applicable to the remuneration of officials serving in third countries payable in the currency of their country of employment are adjusted as shown in the Annex.The exchange rates for the calculation of such remuneration shall be those used for implementation of the general budget of the European Communities for the month preceding the date referred to in the first paragraph.Done at Brussels, 7 June 1996.For the CommissionHans VAN DEN BROEKMember of the Commission(1) OJ No L 56, 4. 3. 1968, p. 1.(2) OJ No L 310, 22. 12. 1995, p. 1.(3) OJ No L 83, 2. 4. 1996, p. 4.(4) OJ No L 126, 24. 5. 1996, p. 54 to 63.ANNEX >TABLE>


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41986D0004

86/4/EEC, Euratom, ECSC: Decision of the representatives of the Governments of the Member States of the European Communities of 15 January 1986 appointing a Judge to the Court of Justice

Official Journal L 018 , 24/01/1986 P. 0037 - 0037

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES  of 15 January 1986  appointing a Judge to the Court of Justice  (86/4/EEC, Euratom, ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 32b thereof,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 167 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 139 thereof,  Having regard to the Treaty concerning the accession of the Kingdom of Spain and the Portuguese Republic to the European Economic Community and to the European Atomic Energy Community, signed on 12 June 1985, and the Decision of the Council of 11 June 1985 on the accession of the said States to the European Coal and Steel Community, and in particular Articles 17 and 384 of the Act attached thereto,  Whereas the Decision of the Representatives of the Governments of the Member States of 1 January 1986 appointing a Judge and an Advocate-General to the Court of Justice shall be supplemented by the appointment of the other Judge provided for by the said Article 384,  HAVE DECIDED AS FOLLOWS:  Sole Article  The following is hereby appointed Judge to the Court of Justice:  Gil Carlos Rodriguez Iglesias.  In accordance with the choice by lot made this day by the President of the Conference of the Representatives of the Governments of the Member States pursuant to Article 384 (2) of the Act of Accession, the term of office of that Judge shall expire on 6 October 1991, and the term of office of the person appointed Judge to the Court of Justice by the Decision of 1 January 1986 shall expire on 6 October 1988.  Done at Brussels, 15 January 1986.  The President  M. H. J. Ch. RUTTEN