title: 2010/367/: Commission Decision of 25 June 2010 on the implementation by Member States of surveillance programmes for avian influenza in poultry and wild birds (notified under document C(2010) 4190)  (Text with EEA relevance )

text:
               1.7.2010

               EN

               Official Journal of the European Union

               L 166/22

         COMMISSION DECISION
   of 25 June 2010
   on the implementation by Member States of surveillance programmes for avian influenza in poultry and wild birds
   (notified under document C(2010) 4190)
   (Text with EEA relevance)
   (2010/367/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), and in particular Article 10(4) thereof,
   Having regard to Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (2) and in particular Article 4(2) thereof,
   Whereas:

               (1)

               Avian influenza is an infectious viral disease in birds, including poultry. Infections with avian influenza viruses in domestic poultry cause two main forms of that disease that are distinguished by their virulence. The low pathogenic form generally only causes mild symptoms, while the highly pathogenic form results in very high mortality rates in most poultry species. That disease may have a severe impact on the profitability of poultry farming.

               (2)

               Directive 2005/94/EC sets out measures for the control of outbreaks, in poultry and other captive birds, of highly pathogenic avian influenza (HPAI) and low pathogenic avian influenza caused by avian influenza viruses of the H5 and H7 subtypes (LPAI), as defined in that Directive. Directive 2005/94/EC also provides for certain preventive measures relating to the surveillance and the early detection of avian influenza viruses.

               (3)

               Directive 2005/94/EC provides that compulsory surveillance programmes are to be implemented by the Member States. Those surveillance programmes aim at identifying the circulation of LPAI viruses in poultry, in particular in waterfowl poultry species, before they become widespread in the poultry population, so that control measures can be taken to possibly prevent a mutation into a HPAI virus which might have devastating consequences.

               (4)

               Directive 2005/94/EC also provides for surveillance programmes to be carried out in wild birds in order to contribute, on the basis of a regularly updated risk assessment, to the current knowledge on the threats posed by wild birds in relation to any influenza virus of avian origin in birds.

               (5)

               Commission Decision 2007/268/EC of 13 April 2007 on the implementation of surveillance programmes for avian influenza in poultry and wild birds to be carried out in the Member States and amending Decision 2004/450/EC (3) was adopted in order to lay down guidelines for the implementation of such surveillance programmes.

               (6)

               Since the date of adoption of that Decision, the experience gained in the Member States in carrying out surveillance programmes and advances in scientific knowledge and research conclusions, indicate that certain poultry species and poultry production categories are at a higher risk of becoming infected with avian influenza viruses than others, also taking into account the location of the holding and other risk factors.

               (7)

               The threat of the introduction of the HPAI virus of the H5N1 subtype from South East Asia to Europe by its westward spread during 2005 has prompted the adoption of additional measures for preparedness and early detection of that virus type in poultry and wild birds.

               (8)

               Commission Decision 2005/731/EC of 17 October 2005 laying down additional requirements for the surveillance of avian influenza in wild birds (4) requires that Member States arrange for the notification to the competent authorities of any abnormal mortality or significant disease outbreaks occurring in wild birds and in particular wild water birds. Sampling and laboratory testing for avian influenza virus must also be carried out.

               (9)

               It is appropriate to include the requirements laid down in Decision 2005/731/EC in the present Decision.

               (10)

               From 2006 to 2009, more than 350 000 wild birds have been sampled and tested for avian influenza. On average, surveillance in Member States was carried out by sampling 75 % of live birds and 25 % of sick or dead birds.

               (11)

               More than 1 000 birds found dead or sick have tested positive for HPAI of the H5N1 subtype, while only about five birds sampled as healthy live birds tested positive for that virus during that 4-year period. LPAI subtypes were almost exclusively isolated from samples taken from live birds.

               (12)

               The conclusions drawn up in the annual reports on avian influenza surveillance (5) in the Union compiled by the EU Reference Laboratory (EURL) for avian influenza, the scientific opinions of the European Food Safety Authority (EFSA) (6), (7), (8) and the work of the recently established Task Force on Animal Disease Surveillance (TFADS) have highlighted that certain amendments to the current surveillance strategy in poultry and wild birds should be introduced to further foster a risk-based approach which is deemed the most suitable surveillance strategy to inform competent authorities for disease prevention and control purposes aimed at protecting poultry and other captive bird holdings.

               (13)

               Risk-based surveillance should complement early detection systems for avian influenza infection in poultry, such as those already provided for in Article 2 of Commission Decision 2005/734/EC of 19 October 2005 laying down biosecurity measures to reduce the risk of transmission of highly pathogenic avian influenza caused by Influenza virus A subtype H5N1 from birds living in the wild to poultry and other captive birds and providing for an early detection system in areas at particular risk (9) and in Chapter II(2) of the Annex to Commission Decision 2006/437/EC of 4 August 2006 approving a Diagnostic Manual for avian influenza as provided for in Council Directive 2005/94/EC (10).

               (14)

               The guidelines for surveillance for avian influenza in poultry and wild birds laid down in Decision 2007/268/EC should therefore be reviewed in the light of experience and scientific insight gained and replaced by the guidelines laid down in this Decision.

               (15)

               In the interests of consistency of Union legislation, sampling and laboratory testing should be carried out in accordance with the procedures laid down in Decision 2006/437/EC, unless stated otherwise.

               (16)

               In the interests of consistency of Union legislation, when implementing surveillance programmes in wild birds, full regard should be paid to the requirements of Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (11) in particular as regards the surveillance design and sampling procedures described in Sections 2 and 3 of Part 1 of Annex II to this Decision.

               (17)

               Decisions 2005/731/EC and 2007/268/EC should be repealed.

               (18)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DECISION:
   Article 1
   Member States shall take the necessary measures to ensure that the competent authorities make appropriate arrangements with wild bird observation and ringing organisations, hunting and other relevant organisations in order to ensure that those organisations are required to notify the competent authorities without delay of any abnormal mortality or significant disease outbreaks occurring in wild birds and in particular wild water birds.
   Article 2
   1.   Member States shall ensure that immediately following receipt by the competent authority of any notification, as provided for in Article 1, and whenever no clear cause of disease other than avian influenza is identified, the competent authority shall arrange for:

               (a)

               appropriate samples to be collected from dead birds and if possible from other birds which have been in contact with the dead birds;

               (b)

               those samples must be subjected to laboratory tests for the detection of the avian influenza virus.

         2.   Sampling and testing procedures shall be carried out in accordance with Chapters II to VIII of the Diagnostic Manual for avian influenza approved by Decision 2006/437/EC.
   3.   Member States shall inform the Commission without delay in the event of the laboratory tests provided for in paragraph 1(b) showing positive results for highly pathogenic avian influenza virus (HPAI).
   Article 3
   The surveillance programmes for avian influenza in poultry and wild birds to be carried out by Member States, in accordance with Article 4(1) of Directive 2005/94/EC, shall comply with the guidelines set out in Annexes I and II to this Decision.
   Article 4
   Without prejudice to the requirements provided for in Union legislation, the competent authority shall ensure that all positive and negative results of both serological and virological investigations for avian influenza obtained under the surveillance programmes for poultry and wild birds are reported every 6 months to the Commission. They shall be submitted via the Commission’s online system each year by 31 July for the preceding 6 months (1 January to 30 June) and by 31 January for the preceding 6 months (1 July to 31 December).
   Article 5
   Decisions 2005/731/EC and 2007/268/EC are repealed.
   Article 6
   This Decision is addressed to the Member States.

      Done at Brussels, 25 June 2010.

            For the Commission

         John DALLI

            Member of the Commission

      (1)  OJ L 224, 18.8.1990, p. 29.

      (2)  OJ L 10, 14.1.2006, p. 16.

      (3)  OJ L 115, 3.5.2007, p. 3.

      (4)  OJ L 274, 20.10.2005, p. 93.

      (5)  European Commission website: http://ec.europa.eu/food/animal/diseases/controlmeasures/avian/eu_resp_surveillance_en.htm

      (6)  The EFSA Journal (2005) 266, 1-21; Scientific Opinion on Animal health and welfare aspects of Avian Influenza.

      (7)  The EFSA Journal (2008) 715, 1-161, Scientific Opinion on Animal health and welfare aspects of avian influenza and the risks of its introduction into the EU poultry holdings.

      (8)  The EFSA Journal (2006) 357, 1-46, Opinion on Migratory birds and their possible role in the spread of highly pathogenic Avian Influenza.

      (9)  OJ L 274, 20.10.2005, p. 105.

      (10)  OJ L 237, 31.8.2006, p. 1.

      (11)  OJ L 20, 26.1.2010, p. 7.

      ANNEX I

         Guidelines on the implementation of surveillance programmes for avian influenza in poultry

      1.   Objectives of surveillance programmes

      The objectives of the surveillance programmes for avian influenza in poultry are to inform the competent authority of circulating avian influenza virus with a view to controlling the disease in accordance with Directive 2005/94/EC by the annual detection through active surveillance for:

                  (a)

                  low pathogenic avian influenza (LPAI) of subtypes H5 and H7 in gallinaceous birds (namely chickens, turkeys, guinea fowl, pheasants, partridges and quails) and ratites thereby complementing other existing early detection systems;

                  (b)

                  LPAI of subtypes H5 and H7 and highly pathogenic avian influenza (HPAI) in domestic waterfowl (namely ducks, geese and mallards for re-stocking supplies of game);

            2.   Surveillance design

      Sampling and serological testing in poultry holdings shall be carried out in order to detect the presence of antibodies to avian influenza, as defined in Directive 2005/94/EC.
      That active surveillance complements the early detection systems already in place in Member States, as provided for in Decision 2005/734/EC and in Chapter II of the Diagnostic Manual for avian influenza approved by Commission Decision 2006/437/EC (the Diagnostic Manual); in particular those implemented in poultry holdings that are deemed at being at a higher risk for avian influenza introduction.
      Two main internationally recognised methods exist for animal disease surveillance: (a) risk-based surveillance; and (b) surveillance based on representative sampling.
      2.1.   Risk-Based Surveillance (RBS)

      RBS shall be the preferred method for the carrying out of surveillance for avian influenza in a targeted and resource efficient way.
      Member States choosing that method shall specify the relevant risk pathways for infection of poultry flocks and the sampling frame for poultry holdings identified as being at a higher risk of becoming infected with avian influenza.
      The criteria and risk factors listed in Section 4.1 are not exhaustive, but give an indication of how to target sampling and testing of poultry species and poultry production categories in different husbandry systems. Depending of the individual animal health situation in the Member State concerned, they may need to be weighted differently.
      2.2.   Surveillance based on Representative Sampling

      If a Member State is not in a position to carry out a sufficiently evidence based assessment of the risk pathways for infection of poultry flocks on its territory, it shall implement surveillance based on a representative sampling scheme. The number of poultry holdings to be sampled must correspond to those in Tables 1 and 2, depending on the poultry species.
      Sampling for serological testing for avian influenza shall be stratified throughout the whole territory of the Member State, so that samples can be considered as representative for the whole of the Member State.
      3.   Target populations

      The sampling of the following poultry species and production categories shall be included in the surveillance programme:

                  (a)

                  laying hens;

                  (b)

                  free range laying hens;

                  (c)

                  chicken breeders;

                  (d)

                  turkey breeders;

                  (e)

                  duck breeders;

                  (f)

                  geese breeders;

                  (g)

                  fattening turkeys;

                  (h)

                  fattening ducks;

                  (i)

                  fattening geese;

                  (j)

                  farmed game birds (gallinaceous) focusing on adult birds such as breeding birds;

                  (k)

                  farmed game birds (waterfowl);

                  (l)

                  ratites.

            However, in the following specified exceptional circumstances, the following poultry categories may also be included:

                  (m)

                  broilers, but only when: (i) they are kept in significant numbers in free range production and (ii) they are considered to pose a higher risk of infection with avian influenza;

                  (n)

                  backyard flocks: they generally play a minor role in virus circulation and spread and sampling them is resource intensive; however, in certain Member States backyard flocks may pose a higher risk of avian influenza due to their presence in significant numbers, their proximity to commercial poultry holdings, involvement in local/regional trade and other criteria and risk factors as listed in Section 4.1 in particular as regards the species composition.

            However, where a well reasoned justification as regards the level of risk is provided for a poultry production category (such as chicken breeders kept under high biosecurity conditions), it may also be omitted from the sampling.
      4.   Risk-based surveillance (RBS) method

      The choice of RBS must be determined by an assessment at Member State level, which shall consider at least the following criteria and risk factors:
      4.1.   Criteria and Risk factors

      4.1.1.   Criteria and risk factors for virus introduction into poultry holdings due to direct or indirect exposure to wild birds in particular those of identified ‘target species’

                  (a)

                  The location of the poultry holding in proximity to wet areas, ponds, swamps, lakes, rivers or sea shores where migratory wild water birds may gather.

                  (b)

                  The location of the poultry holding in areas with a high density of migratory wild birds, in particular of those birds that are characterised as ‘target species’ (TS) for HPAI H5N1 detection and listed in Part 2 of Annex II.

                  (c)

                  The location of poultry holding in proximity to resting and breeding places of migratory wild water birds, in particular where these areas are linked through migratory birds’ movements to areas where HPAI H5N1 is known to occur in wild birds or poultry.

                  (d)

                  Poultry holdings with free range production, or poultry holdings where poultry or other captive birds are kept in the open-air in any premises in which contact with wild birds cannot be sufficiently prevented.

                  (e)

                  Low biosecurity level in the poultry holding, including the method of storage of feed and the use of surface water.

            4.1.2.   Criteria and risk factors of virus spread within the poultry holding and between poultry holdings, as well as the consequences (impact) of the spread of avian influenza from poultry to poultry and between poultry holdings

                  (a)

                  The presence of more than one poultry species in the same poultry holding, in particular the presence of domestic ducks and geese together with other poultry species.

                  (b)

                  The type of poultry production and the poultry species on the holding for which surveillance data have shown an increased detection rate of avian influenza infection in the Member State, such as duck holdings and poultry intended for re-stocking supplies of game (in particular farmed mallards).

                  (c)

                  The location of the poultry holding in areas with high densities of poultry holdings.

                  (d)

                  Trade patterns, including imports and related intensity of movements, both direct and indirect, of poultry and other factors including vehicles, equipment and persons.

                  (e)

                  The presence of long lived poultry categories and multi-age groups of poultry on the holding (such as layers).

            4.2.   Targeting of populations at risk

      The level of targeting must reflect the number and local weighting of risk factors present on the poultry holding.
      The competent authority may consider other risk factors in its assessment in designing its surveillance design which must be duly indicated and justified in their surveillance programme.
      4.3.   Targeting of poultry holdings to be sampled

      Tables 1 and 2 may be used as a basis in order to determine the number of poultry holdings to be sampled per risk population.
      5.   Representative sampling method

      Where representative sampling as referred to in Section 2.2 is carried out, the number of poultry holdings to be sampled shall be calculated based on the figures set out in Tables 1 and 2 according to the poultry species present on the poultry holding.
      5.1.   Number of poultry holdings to be sampled for serological testing for avian influenza

      5.1.1.   Number of poultry holdings (except duck, goose and mallard holdings) to be sampled

      For each poultry production category, except those of ducks, geese and mallards, the number of poultry holdings to be sampled shall be defined so as to ensure the identification of at least one infected poultry holding where the prevalence of infected poultry holdings is at least 5 %, with a 95 % confidence interval.
      Sampling shall be carried out according to Table 1:

         Table 1

         Number of poultry holdings (except duck, goose and mallard holdings) to be sampled in each poultry production category

                  Number of holdings per poultry production category per Member State

                  Number of poultry holdings to be sampled

                  Up to 34

                  All

                  35-50

                  35

                  51-80

                  42

                  81-250

                  53

                  > 250

                  60

            5.1.2.   Number of duck, goose and mallard holdings to be sampled
          (1)

      The number of duck, goose and mallard holdings to be sampled shall be defined to ensure the identification of at least one infected poultry holding where the prevalence of infected poultry holdings is at least 5 %, with a 99 % confidence interval.
      Sampling shall be carried out according to Table 2:

         Table 2

         Number of duck, goose and mallard holdings to be sampled

                  Number of duck, goose and mallard holdings per Member State

                  Number of duck, goose and mallard holdings to be sampled

                  Up to 46

                  All

                  47-60

                  47

                  61-100

                  59

                  101-350

                  80

                  > 350

                  90

            5.2.   Number of poultry (birds) to be sampled in the poultry holding

      The figures referred to in points 5.2.1 and 5.2.2 apply both to poultry holdings sampled on the basis of risk-based surveillance and on the basis of representative sampling.
      5.2.1.   Number of birds (except ducks, geese and mallards) to be sampled in the poultry holding

      The numbers of birds to be sampled in the poultry holding shall be defined so as to ensure 95 % probability of identifying at least one bird that tests sero-positive for avian influenza, if the prevalence of sero-positive birds is ≥ 30 %.
      Blood samples for serological examination shall be collected from all poultry production categories and poultry species from at least 5 to 10 birds (except ducks, geese and mallards) per poultry holding, and from the different sheds, where more than one shed is present on a holding.
      In case of several sheds, samples shall be taken from at least five birds per shed.
      5.2.2.   Number of ducks, geese and mallards to be sampled in the holding

      The numbers of ducks, geese and mallards to be sampled in the poultry holding shall be defined so as to ensure 95 % probability of identifying at least one bird that tests sero-positive for avian influenza where the prevalence of sero-positive birds is ≥ 30 %.
      Twenty blood samples (2) shall be taken for serological testing from each selected poultry holding.
      6.   Sampling procedures for serological testing

      The time period for sampling in the poultry holding shall coincide with seasonal production for each poultry production category and sampling may also be performed at the slaughterhouse. This sampling practice must not compromise the risk targeted approach according to the criteria and risk factors listed in Section 4.1.
      In order to optimise efficiency and also to avoid the unnecessary entry of persons onto poultry holdings, sampling shall, whenever possible, be combined with sampling for other purposes, such as within the framework of Salmonella and Mycoplasma control. However, such combining must not compromise the requirements for risk based surveillance.
      7.   Sampling for virological testing

      Sampling for virological testing for avian influenza shall not be used as an alternative to serological testing and must be performed solely within the framework of investigations to follow-up serological positive testing results for avian influenza.
      8.   Frequency and period for testing

      The sampling of poultry holdings shall be carried out annually. However, on the basis of a risk assessment, Member States may decide to carry out sampling and testing more frequently. The justification for doing so must be detailed in the surveillance programme.
      Sampling shall be carried out in accordance with the approved surveillance programme from 1 January to 31 December of the year of implementation of that programme.
      9.   Laboratory testing

      The testing of samples shall be carried out at National Reference Laboratories for avian influenza (NRL) in Member States or by other laboratories authorised by the competent authorities and under the control of the NRL.
      Laboratory tests shall be carried out in accordance with the Diagnostic Manual which lays down the procedures for the confirmation and differential diagnosis of avian influenza.
      However, if a Member State wishes to use laboratory tests not laid down in the Diagnostic Manual, nor described in the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for Animal Health (OIE), those tests must first be deemed fit for that purpose by the EURL, based on validated data, before being used.
      All positive serological findings shall be confirmed by the NRL by a haemagglutination-inhibition test, using designated strains supplied by the EURL:

                  (a)

                  for H5 subtype:

                              (i)

                              initial testing using teal/England/7894/06 (H5N3);

                              (ii)

                              testing of all positives with chicken/Scotland/59(H5N1) to eliminate N3 cross reactive antibodies;

                  (b)

                  for H7 subtype:

                              (i)

                              initial testing using turkey/England/647/77 (H7N7);

                              (ii)

                              testing of all positive with African starling/983/79 (H7N1) to eliminate N7 cross reactive antibodies.

            All positive serological findings must be followed up at the poultry holding by epidemiological investigations and further sampling for testing by virological methods in order to determine, if active infection of avian influenza virus is present on the poultry holding. The conclusions of all those investigations shall be reported to the Commission.
      All avian influenza virus isolates shall be submitted to the EURL in accordance with Union legislation according to the functions and the duties of the national reference laboratories as laid down in Annex VIII to Directive 2005/94/EC, unless a derogation has been granted as provided for in paragraph 4(d) of Chapter V of the Diagnostic Manual. Viruses of the H5/H7 subtype shall be submitted to the EURL without delay and shall be subjected to the standard characterisation tests (nucleotide sequencing/IVPI) according to the Diagnostic Manual.
      The specific protocols provided by the EURL for the submission of samples and diagnostic material shall be used. The competent authorities shall ensure that there is a good exchange of information between the EURL and the NRL.

         (1)  A higher level of confidence in detection of duck and goose positive holdings is applied due to the evidence that infected duck and goose holdings are less likely than gallinaceous poultry to be detected by passive surveillance or early detection systems.

         (2)  The increase in sample size compared to 5.2.1 is necessary due to the lower sensitivity of the diagnostic test when used in waterfowl.

      ANNEX II
      PART 1

         Guidelines on the implementation of surveillance programmes for avian influenza in wild birds

      1.   Objectives of surveillance

      The objective of the surveillance programme for avian influenza in wild birds is the timely detection of HPAI of the subtype H5N1 in wild birds in order to protect poultry in poultry holdings and safeguard veterinary public health.
      2.   Surveillance design

                  (a)

                  A risk-based surveillance (RBS) shall be implemented as a ‘passive’ surveillance system by laboratory investigation of moribund wild birds or birds found dead and it shall be specifically directed towards water bird species.

                  (b)

                  Wild birds, in particular migratory water birds, that have been shown to be at a higher risk of becoming infected with, and transmitting the HPAI H5N1 virus, the ‘target species’ (TS), shall be specifically targeted.

                  (c)

                  Areas close to the sea, lakes and waterways where birds were found dead; and in particular when these areas are in close proximity to poultry holdings, especially in areas where there is a high density of poultry holdings, shall be targeted.

                  (d)

                  Close cooperation with epidemiologists and ornithologists and the competent authority for nature conservation shall be ensured in the preparation of the surveillance programme, assisting in species identification and optimising sampling adapted to the national situation.

                  (e)

                  If the epidemiological situation for the HPAI H5N1 virus so requires, surveillance activities shall be enhanced by awareness raising and active searching and monitoring for dead or moribund wild birds, in particular for those belonging to TS. This could be triggered by the detection of the HPAI H5N1 virus in poultry and/or wild birds in neighbouring Member States and third countries or in countries which are linked via the movement of migratory wild birds, in particular those of TS, to the Member State concerned. In that case the specific migration patterns and wild bird species, which may vary in different Member States shall be taken into account.

            3.   Sampling procedures

                  (a)

                  Sampling procedures shall be carried out in accordance with the Diagnostic Manual.

                  (b)

                  Cloacal and tracheal/oropharyngeal swabs and/or tissues from wild birds found dead or moribund shall be sampled for molecular detection (PCR) and/or virus isolation.

                  (c)

                  Specific care must be taken for the storage and transport of samples in accordance with paragraphs 5 and 6 of Chapter IV of the Diagnostic Manual. All avian influenza virus isolates of cases in wild birds shall be submitted to the EURL, unless a derogation has been granted as provided for in paragraph 4(d) of Chapter V of the Diagnostic Manual. Viruses of the H5/H7 subtype shall be submitted to the EURL without delay and shall be subjected to the standard characterisation tests (nucleotide sequencing/IVPI) according to the Diagnostic Manual.

                  (d)

                  Sampling shall not extend beyond 31 December of the year of implementation of the surveillance programme.

            4.   Laboratory testing

      Laboratory tests shall be carried out in accordance with the Diagnostic Manual.
      The testing of samples shall be carried out at the NRL in Member States or by other laboratories authorised by the competent authorities and under the control of the NRL.
      However, if a Member State wishes to use laboratory tests not laid down in the Diagnostic Manual nor described in the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the OIE, those tests must first be deemed fit for purpose by the EURL, based on validated data, before being used.
      Initial screening using M gene PCR shall be carried out, followed by rapid testing of positive findings for H5 which shall be carried out within a period of not more than 2 weeks. In case of a positive finding for H5, an analysis of the cleavage site shall be undertaken as soon as possible to determine whether or not it has a highly pathogenic avian influenza (HPAI) or a low pathogenic avian influenza (LPAI) motif. Where H5 HPAI is confirmed, further analysis to determine the N type must be done rapidly, even though this can only provide evidence to eliminate N1.
      5.   Follow-up

                  —

                  In case of confirmed positive cases of HPAI H5 (N1) (1), the control measures laid down in Commission Decision 2006/563/EC of 11 August 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of subtype H5N1 in wild birds in the Community and repealing Decision 2006/115/EC (2) shall apply.

                  —

                  As part of epidemiological investigations, it is important to identify areas linked to those cases to possibly forecast further virus incursions of avian influenza, in particular in areas of relevance to poultry production, such as areas with a high density of poultry holdings.

            PART 2

         List of wild bird species to be targeted for sampling and testing for avian influenza — ‘target species’ (TS)

                  No

                  Scientific name

                  Common name

                  1.

                     Accipiter gentilis

                  Northern Goshawk

                  2.

                     Accipiter nisus

                  Eurasian Sparrowhawk

                  3.

                     Anas acuta

                  Northern Pintail

                  4.

                     Anas clypeata

                  Northern Shoveler

                  5.

                     Anas crecca

                  Common Teal

                  6.

                     Anas penelope

                  Eurasian Wigeon

                  7.

                     Anas platyrhynchos

                  Mallard

                  8.

                     Anas querquedula

                  Garganey

                  9.

                     Anas strepera

                  Gadwall

                  10.

                     Anser albifrons albifrons

                  Greater White-fronted Goose (European race)

                  11.

                     Anser anser

                  Greylag Goose

                  12.

                     Anser brachyrhynchus

                  Pink-footed Goose

                  13.

                     Anser erythropus

                  Lesser White-fronted Goose

                  14.

                     Anser fabalis

                  Bean Goose

                  15.

                     Ardea cinerea

                  Grey Heron

                  16.

                     Aythya ferina

                  Common Pochard

                  17.

                     Aythya fuligula

                  Tufted Duck

                  18.

                     Branta bernicla

                  Brent Goose

                  19.

                     Branta canadensis

                  Canada Goose

                  20.

                     Branta leucopsis

                  Barnacle Goose

                  21.

                     Branta ruficollis

                  Red-breasted Goose

                  22.

                     Bubo bubo

                  Eurasian Eagle-Owl

                  23.

                     Buteo buteo

                  Common Buzzard

                  24.

                     Buteo lagopus

                  Rough-legged Buzzard

                  25.

                     Cairina moschata

                  Muscovy Duck

                  26.

                     Ciconia ciconia

                  White Stork

                  27.

                     Circus aeruginosus

                  Eurasian Marsh Harrier

                  28.

                     Cygnus columbianus

                  Bewick’s Swan

                  29.

                     Cygnus cygnus

                  Whooper swan

                  30.

                     Cygnus olor

                  Mute Swan

                  31.

                     Falco peregrinus

                  Peregrine Falcon

                  32.

                     Falco tinnunculus

                  Common Kestrel

                  33.

                     Fulica atra

                  Eurasian Coot

                  34.

                     Larus canus

                  Common Gull

                  35.

                     Larus ridibundus

                  Black-headed Gull

                  36.

                     Limosa limosa

                  Black-tailed Godwit

                  37.

                     Marmaronetta angustirostris

                  Marbled Teal

                  38.

                     Mergus albellus

                  Smew

                  39.

                     Milvus migrans

                  Black Kite

                  40.

                     Milvus milvus

                  Red Kite

                  41.

                     Netta rufina

                  Red-crested Pochard

                  42.

                     Phalacrocorax carbo

                  Great Cormorant

                  43.

                     Philomachus pugnax

                  Ruff

                  44.

                     Pica pica

                  Eurasian Magpie

                  45.

                     Pluvialis apricaria

                  Eurasian Golden Plover

                  46.

                     Podiceps cristatus

                  Great Crested Grebe

                  47.

                     Podiceps nigricollis

                  Black-necked Grebe

                  48.

                     Porphyrio porphyrio

                  Purple Swamphen

                  49.

                     Tachybaptus ruficollis

                  Little Grebe

                  50.

                     Vanellus vanellus

                  Northern Lapwing

         (1)  Disease control measures are to be implemented based on confirmation of HPAI H5 and suspicion of N1.

         (2)  OJ L 222, 15.8.2006, p. 11.


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32002D0460

2002/460/EC: Council Decision of 17 June 2002 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2002/334/EC

Official Journal L 160 , 18/06/2002 P. 0026 - 0027

Council Decisionof 17 June 2002implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2002/334/EC(2002/460/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism(1), and in particular Article 2(3) thereof,Whereas:(1) On 2 May 2002, the Council adopted Decision 2002/334/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2001/927/EC(2).(2) It is desirable to adopt an updated list of persons, groups and entities to which the aforesaid Regulation applies,HAS DECIDED AS FOLLOWS:Article 1The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 shall be as follows:1. PERSONS1. AL-MUGHASSIL, Ahmad Ibrahim (aka ABU OMRAN; aka AL-MUGHASSIL, Ahmed Ibrahim) born 26.6.1967 in Qatif-Bab al Shamal, Saudi Arabia; citizen Saudi Arabia2. AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa, Saudi Arabia; citizen Saudi Arabia3. AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut, Saudi Arabia; citizen Saudi Arabia4. ATWA, Ali (aka BOUSLIM, Ammar Mansour; aka SALIM, Hassan Rostom), Lebanon, born 1960 in Lebanon; citizen Lebanon5. EL-HOORIE, Ali Saed Bin Ali (aka AL-HOURI, Ali Saed Bin Ali; aka EL-HOURI, Ali Saed Bin Ali) born 10.7.1965 alt. 11.7.1965 in El Dibabiya, Saudi Arabia; citizen Saudi Arabia6. IZZ-AL-DIN, Hasan (aka GARBAYA, AHMED; aka SA-ID; aka SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen Lebanon7. MOHAMMED, Khalid Shaikh (aka ALI, Salem; aka BIN KHALID, Fahd Bin Adballah; aka HENIN, Ashraf Refaat Nabith; aka WADOOD, Khalid Adbul) born 14.4.1965 alt. 1.3.1964 in Kuwait; citizen Kuwait8. MUGHNIYAH, Imad Fa'iz (aka MUGHNIYAH, Imad Fayiz), Senior Intelligence Officer of HIZBALLAH, born 7.12.1962 in Tayr Dibba, Lebanon, passport No 432298 (Lebanon);2. GROUPS AND ENTITIES1. Abu Nidal Organisation (ANO), (aka Fatah Revolutionary Council, Arab Revolutionary Brigades, Black September, and Revolutionary Organisation of Socialist Muslims)2. Al-Aqsa Martyr's Brigade3. Aum Shinrikyo (aka AUM, aka Aum Supreme Truth, aka Aleph)4. Babbar Khalsa5. Gama'a al-Islamiyya (Islamic Group), (aka Al-Gama'a al-Islamiyya, IG)6. Hamas-Izz al-Din al-Qassem (terrorist wing of Hamas)7. Holy Land Foundation for Relief and Development8. International Sikh Youth Federation (ISYF)9. Kahane Chai (Kach)10. Kurdistan Workers' Party (PKK)11. Lashkar e Tayyaba (LET)/Pashan-e-Ahle Hadis12. Mujahedin-e Khalq Organisation (MEK or MKO) [minus the "National Council of Resistance of Iran" (NCRI)] (aka The National Liberation Army of Iran (NLA, the militant wing of the MEK), the People's Mujahidin of Iran (PMOI), Muslim Iranian Student's Society)13. Palestine Liberation Front (PLF)14. Palestinian Islamic Jihad (PIJ)15. Popular Front for the Liberation of Palestine (PFLP)16. Popular Front for the Liberation of Palestine-General Command, (aka PFLP-General Command, aka PFLP-GC)17. Revolutionary Armed Forces of Colombia (FARC)18. Revolutionary People's Liberation Army/Front/Party (DHKP/C), (aka Devrimci Sol (Revolutionary Left), Dev Sol)19. Shining Path (SL) (Sendero Luminoso)20. United Self-Defense Forces/Group of Colombia (AUC) (Autodefensas Unidas de Colombia).Article 2Council Decision 2002/334/EC is hereby repealed.Article 3This Decision shall be published in the Official Journal of the European Communities.It shall take effect on the day of its publication.Done at Luxembourg, 17 June 2002.For the CouncilThe PresidentJ. Piqué I Camps(1) OJ L 344, 28.12.2001, p. 70.(2) OJ L 116, 3.5.2002, p. 33.


title: Council Decision of 20 November 2012 appointing the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Italy

text:
               22.11.2012

               EN

               Official Journal of the European Union

               C 360/4

         COUNCIL DECISION
   of 20 November 2012
   appointing the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for Italy
   2012/C 360/03
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (1), and in particular Articles 23 and 24 thereof,
   Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,
   Whereas:

               (1)

               By its Decision of 4 October 2012 (2), the Council appointed the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 25 September 2012 to 24 September 2014.

               (2)

               The government of Italy has submitted nominations for several posts to be filled,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period ending on 24 September 2014:
   I.   GOVERNMENT REPRESENTATIVES

               Country

               Members

               Alternate

               Italy

               Ms Grazia STRANO
               Mr Daniele LUNETTA

               Ms Iolanda Valeria GUTTADAURO

   II.   TRADE UNION REPRESENTATIVES

               Country

               Members

               Alternate

               Italy

               Ms Ornella CILONA
               Ms Ilaria FONTANIN

               Mr Giuseppe CASUCCI

   III.   EMPLOYERS' ASSOCIATIONS REPRESENTATIVES

               Country

               Members

               Alternate

               Italy

               Mr Armando OCCHIPINTI
               Ms Paola ASTORRI

               Ms Yasaman PARPINCHEE

         Article 2
   The members and alternate members not yet nominated will be appointed by the Council at a later date.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 20 November 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ L 141, 27.5.2011, p. 1.

      (2)  OJ C 302, 6.10.2012, p. 1.


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32000D0109

2000/109/EC: Council Decision of 31 January 2000 appointing a Spanish alternate member of the Committee of the Regions

Official Journal L 033 , 08/02/2000 P. 0017 - 0017

COUNCIL DECISIONof 31 January 2000appointing a Spanish alternate member of the Committee of the Regions(2000/109/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 an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Juan Rodríguez Yuste, alternate member, notified to the Council on 10 January 2000,Having regard to the proposal from the Spanish Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Jesús Gamallo Aller is hereby appointed an alternate member of the Committee of the Regions in place of Mr Juan Rodríguez Yuste for the remainder of his term of office, which runs until 25 January 2002.Done at Brussels, 31 January 2000.For the CouncilThe PresidentJ. PINA MOURA(1) OJ L 28, 4.2.1998, p. 19.


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32002D0621

2002/621/EC: Decision of the Secretaries-General of the European Parliament, the Council and the Commission, the Registrar of the Court of Justice, the Secretaries-General of the Court of Auditors, the Economic and Social Committee and the Committee of the Regions, and the Representative of the European Ombudsman of 25 July 2002 on the organisation and operation of the European Communities Personnel Selection Office

Official Journal L 197 , 26/07/2002 P. 0056 - 0059

Decision of the Secretaries-General of the European Parliament, the Council and the Commission, the Registrar of the Court of Justice, the Secretaries-General of the Court of Auditors, the Economic and Social Committee and the Committee of the Regions, and the Representative of the European Ombudsmanof 25 July 2002on the organisation and operation of the European Communities Personnel Selection Office(2002/621/EC)THE SECRETARIES-GENERAL OF THE EUROPEAN PARLIAMENT, THE COUNCIL, THE COMMISSION, THE REGISTRAR OF THE COURT OF JUSTICE, THE SECRETARIES-GENERAL OF THE COURT OF AUDITORS, THE ECONOMIC AND SOCIAL COMMITTEE, THE COMMITTEE OF THE REGIONS, AND THE REPRESENTATIVE OF THE EUROPEAN OMBUDSMAN,Having regard to the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the European Communities, as laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68(1),Having regard to the Decision of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee, the Committee of the Regions and the Ombudsman of 25 July 2002 establishing a European Communities Personnel Selection Office, and in particular Article 5 thereof(2),Whereas:(1) Pursuant to Article 27 of the Staff Regulations, the institutions are committed to ensuring that recruitment is directed to securing the services of officials of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States of the Communities, without distinction as to race, political, philosophical or religious beliefs, sex or sexual orientation and without reference to their marital status or family situation.(2) The third subparagraph of Article 1(1) of Annex III to the Staff Regulations sets out the area of responsibility of the common Joint Committee and the second paragraph of Article 3 of that Annex outlines the way the members of the selection board are to be appointed for the purpose of organising open competitions,HAVE DECIDED AS FOLLOWS:Article 1Duties of the Office1. The Office shall organise open competitions with a view to securing the services of officials on optimal professional and financial terms for the institutions of the European Communities. The Office shall draw up reserve lists enabling the institutions to recruit highly qualified staff meeting the needs determined by the institutions.2. More specifically, the Office's tasks shall be to:(a) organise open competitions at the request of individual institutions with a view to drawing up reserve lists of suitable applicants for appointment as officials. The competitions shall be organised in compliance with the Staff Regulations, on the basis of harmonised criteria laid down in accordance with Article 6(c) and in compliance with the work programme approved by the Management Board;(b) cooperate closely with the institutions with a view to assessing the future staff needs indicated by the institutions and preparing and implementing a programme of competitions to meet those needs in a timely manner;(c) develop selection methods and techniques on the basis of best practice and in line with the skills profiles laid down for the various categories of staff of the institutions;(d) administer and check the use of the reserve lists established on the basis of Interinstitutional competitions;(e) submit annual reports to the institutions on its activities.Article 2Responsibilities of the institutionsThe appointing authority of each institution shall make available to the Office a sufficient number of selection board members, examiners and invigilator on the basis of the "quota" approved by the Management Board as provided for in Article 6(i), to enable the selection procedures to proceed smoothly in accordance with Article 3 of Annex III to the Staff Regulations.Article 3Other services1. Under an agreement between the Head of the Office and any body, office or agency, the Office may organise selection procedures for staff to be recruited by such bodies, offices or agencies. Before concluding such an agreement, the Head of the Office shall seek the approval of the Management Board. Any such agreement shall cover the financial arrangements relating to the services provided by the Office.2. Where requested, the Office may provide technical support for internal competitions organised by individual institutions, bodies, offices or agencies.3. At the request of individual institutions, the Office shall organise the selection procedure for other servants with a view to drawing up reserve lists of suitable applicants and/or databases from which the individual institutions may recruit other servants.4. These activities shall be included in the Office's work programme in accordance with Article 6(f), provided that the request is submitted in a timely manner by the institution in question.Article 4Complaints and requests1. The Head of the Office shall exercise the powers conferred on the appointing authority under Article 90 of the Staff Regulations in respect of all requests or complaints relating to the tasks of the Office.2. In the event of any such complaints, the Head of the Office shall consult the Chairman of the Management Board where he or she intends to endorse the original decision.3. The Office shall answer requests from the European Ombudsman concerning any matter falling within its area of responsibility under this Decision.Article 5Management Board1. A Management Board shall be set up for the Office, comprising one member appointed by each institution and three staff representatives with observer status appointed by common assent by the staff committees of the institutions.2. The Management Board shall elect a Chairman for a two-year term by a simple majority from among its members.3. The Management Board shall adopt its Rules of Procedure by a simple majority after submitting them to the institutions.4. The Management Board shall meet at the initiative of the Chairman or at the request of one of its members.5. Where the Management Board takes a decision by a simple majority, each institution shall have one vote. Where votes are tied, the Chairman shall have the casting vote.6. Where the Management Board takes a decision by a qualified majority, the votes allotted to the institutions shall be as follows: Commission, 18 votes; European Parliament, seven votes; Council, seven votes; Court of Justice, three votes; Court of Auditors, two votes; Economic and Social Committee, two votes; Committee of the Regions, two votes; European Ombudsman, one vote. A qualified majority shall be 24 votes cast in favour.Article 6Tasks of the Management BoardIn the common interest of the institutions, the Management Board shall:(a) acting by a qualified majority, approve the rules governing the running of the Office;(b) acting by a simple majority on a proposal from the Head of the Office, approve the organisational structure of the Office;(c) acting by a qualified majority on proposals from the Head of the Office, in compliance with the Agreement to be concluded between the Secretaries-General of the European Parliament, the Council, the Commission, the Registrar of the Court of Justice, the Secretaries-General of the Court of Auditors, the Economic and Social Committee and the Committee of the Regions and the representative of the European Ombudsman on the common principles for a shared selection and recruitment policy and the principles for managing reserve lists, together with the relevant provisions of the Staff Regulations, approve the principles governing the selection policy to be followed by the Office;(d) acting by a simple majority under the budget procedure on the basis of a draft drawn up by the Head of the Office, draw up an estimate of the Office's revenue and expenditure and send it to the Commission with a view to the drawing-up of the estimate of the Commission's revenue and expenditure; at the same time it shall propose to the Commission any adjustments to the Office's establishment plan that it deems necessary;(e) acting by a simple majority, approve the type of and the rates chargeable for additional services that the Office may perform against payment for the institutions, bodies, offices and agencies and the conditions under which the Office may perform them;(f) acting unanimously on a proposal from the Head of the Office, approve the work programme, and in particular the scheduling of and timetable for competitions to be organised. The work programme shall also cover services not relating to open competitions organised for the institutions, bodies, offices and agencies;(g) acting by a qualified majority on the basis of a draft prepared by the Head of the Office, approve an annual management report covering all individual revenue and expenditure headings relating to work performed and services provided by the Office. Before 1 May each year, it shall send the institutions the report on the preceding financial year, drawn up in the light of the analytical accounts;(h) acting by a simple majority, approve a fair, balanced breakdown of the variable and direct costs to be charged for analytical purposes to the individual institutions and update it every three years;(i) acting by a simple majority on the basis of recruitment needs, agree on rules whereby each institution is to make a suitable number of selection board members, examiners and invigilator available to the Office;(j) acting by a simple majority, approve the conditions under which the Office may grant agreement to the institutions to organise their own competitions in accordance with Article 2(1) of the Decision of the institutions.Article 7Appointment of staff1. The Office shall be administered by a Head appointed by the Commission after the Management Board has issued a favourable opinion by a simple majority. The Management Board shall be closely involved in the procedures to be followed before the Head of the Office is appointed, and in particular in the drafting of a notice of vacancy and the consideration of the applications.2. The Head of the Office shall be the Appointing Authority for the staff of the Office.3. The Commission, as far as the Head of the Office is concerned, and the Head of the Office, as far as the staff for whom the latter is the Appointing Authority are concerned, shall inform the Management Board of appointments made, contracts signed, promotions granted and disciplinary proceedings initiated against officials or other servants.4. The officials of all Community institutions shall be informed of posts vacant within the Office as soon as the Appointing Authority decides to fill those posts.5. The Head of the Office shall be appointed for a term of five years, renewable for one further term.Article 8Tasks of the Head of the Office; management of staff1. The Head of the Office shall be responsible for the smooth running of the Office. Within the area of responsibility of the Management Board, he or she shall act under the authority of the latter. He or she shall provide secretarial services for the Management Board, shall report to it on the performance of his or her duties and shall submit to it any suggestion for the smooth running of the Office.2. Administrative procedures connected with the day-to-day management of personnel, such as salaries, leave, and sickness, accident and retirement insurance, shall be carried out under the same conditions as for the officials and other servants of the Commission. That list shall not be exhaustive and the Office may extend it to cover other areas in agreement with the Commission.Article 9Financial matters1. The appropriations allocated to the Office, the total amount of which shall be entered in a separate budget heading within the section of the budget relating to the Commission, shall be set out in detail in an Annex to that section. That Annex shall take the form of a statement of revenue and expenditure, subdivided in the same way as the sections of the budget.2. The establishment plan of the Office shall be annexed to the Commission's establishment plan.3. On the basis of a proposal from the Management Board, the Commission shall, as regards the appropriations for the Office entered in the Annex, delegate the powers of authorising officer to the Head of the Office and shall set the limits and conditions applying to that delegation of powers. At the end of the financial year the Management Board shall inform the budgetary authority of the breakdown of amounts obtained in return for extra services provided by the Office, within the budget heading in the Annex.4. The Office's accounts shall be drawn up in accordance with the accounting rules and methods laid down by the Commission accounting officer. The Office shall keep separate accounts of revenue from payments for services provided.Article 10ReviewThis Decision shall be reviewed after a period of three years following the establishment of the Office.Article 11Effective dateThis Decision shall take effect on the day of its publication in the Official Journal of the European Communities.For the European ParliamentThe Secretary-GeneralJ. PriestleyFor the CouncilThe Deputy Secretary-GeneralP. De BoissieuFor the CommissionThe Secretary-GeneralD. O'SullivanFor the Court of JusticeThe RegistrarR. GrassFor the Court of AuditorsThe Secretary-GeneralM. HervéFor the Economic and Social CommitteeThe Secretary-GeneralP. VenturiniFor the Committee of the RegionsThe Secretary-GeneralV. FalconeThe European OmbudsmanJ. Søderman(1) OJ L 56, 4.3.1968, p. 1.(2) See page 53 of this Official Journal.


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32001D0332

2001/332/EC: Council Decision of 26 February 2001 concerning the conclusion of the Cooperation Agreement between the European Community and the People's Republic of Bangladesh on partnership and development

Official Journal L 118 , 27/04/2001 P. 0047 - 0047

Council Decisionof 26 February 2001concerning the conclusion of the Cooperation Agreement between the European Community and the People's Republic of Bangladesh on partnership and development(2001/332/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 133 and 181, in conjunction with the first sentence of Article 300(2) and the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament,Whereas:(1) Under Article 177 of the Treaty, Community policy in the sphere of development cooperation should foster the sustainable economic and social development of the developing countries, their smooth and gradual integration into the world economy and the campaign against poverty in these countries.(2) The Community should approve, in pursuit of its objectives in the sphere of external relations, the Cooperation Agreement between the European Community and the People's Republic of Bangladesh on partnership and development,HAS DECIDED AS FOLLOWS:Article 1The Cooperation Agreement between the European Community and the People's Republic of Bangladesh on partnership and development is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council shall give the notification provided for in Article 20 of the Agreement.Article 3The Commission, assisted by representatives of the Member States, shall represent the Community in the Joint Commission provided for in Article 12 of the Agreement.Article 4This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 26 February 2001.For the CouncilThe PresidentA. Lindh(1) OJ C 143, 21.5.1999, p. 8.


title: Council Decision (EU) 2016/2312 of 8 December 2016 authorising the Republic of Austria and Romania to accept, in the interest of the European Union, the accession of Peru to the 1980 Hague Convention on the Civil Aspects of International Child Abduction

text:
               20.12.2016

               EN

               Official Journal of the European Union

               L 345/56

         COUNCIL DECISION (EU) 2016/2312
   of 8 December 2016
   authorising the Republic of Austria and Romania to accept, in the interest of the European Union, the accession of Peru to the 1980 Hague Convention on the Civil Aspects of International Child Abduction
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(3) in conjunction with Article 218 thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

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

               (2)

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

               (3)

               The Brussels IIa Regulation complements and reinforces the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) which establishes, at international level, a system of obligations and cooperation among contracting states and between central authorities and aims to ensure the prompt return of wrongfully removed or retained children.

               (4)

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

               (5)

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

               (6)

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

               (7)

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

               (8)

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

               (9)

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

               (10)

               Peru deposited its instrument of accession to the 1980 Hague Convention on 28 April 2001. The 1980 Hague Convention entered into force for Peru on 1 August 2001.

               (11)

               All Member States, with the exception of the Republic of Austria, the Kingdom of Denmark and Romania, have already accepted the accession of Peru to the 1980 Hague Convention. An assessment of the situation in Peru has led to the conclusion that the Republic of Austria and Romania are in a position to accept, in the interest of the Union, the accession of Peru under the terms of the 1980 Hague Convention.

               (12)

               The Republic of Austria and Romania should therefore be authorised to deposit their declarations of acceptance of accession of Peru in the interest of the Union in accordance with the terms set out in this Decision. The other Member States of the Union which have already accepted the accession of Peru to the 1980 Hague Convention should not deposit new declarations of acceptance as the existing declarations remain valid under public international law.

               (13)

               The United Kingdom and Ireland are bound by the Brussels IIa Regulation and are taking part in the adoption and application of this Decision.

               (14)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The Republic of Austria and Romania are hereby authorised to accept the accession of Peru to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (‘the 1980 Hague Convention’) in the interest of the Union.
   2.   Member States referred to in paragraph 1 shall, no later than 9 December 2017, deposit a declaration of acceptance of the accession of Peru to the 1980 Hague Convention in the interest of the Union worded as follows:

      ‘[Full name of MEMBER STATE] declares that it accepts the accession of Peru to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, in accordance with Council Decision (EU) 2016/2312’.

   3.   Both Member States shall inform the Council and the Commission of the deposit of its declaration of acceptance of the accession of Peru and communicate to the Commission the text of the declaration within two months of its deposit.
   Article 2
   Those Member States which deposited their declarations of acceptance of the accession of Peru to the 1980 Hague Convention prior to the date of adoption of this Decision, shall not deposit new declarations.
   Article 3
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Decision is addressed to the Republic of Austria and Romania.

      Done at Brussels, 8 December 2016.

            For the Council

            The President

         L. ŽITŇANSKÁ

      (1)  Opinion of the European Parliament of 5 October 2016 (not yet published in the Official Journal).

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


               24.3.2017

               EN

               Official Journal of the European Union

               C 93/243

         P7_TA(2014)0059
   Appointment of a member of the Court of Auditors (Klaus-Heiner LEHNE — DE)
   European Parliament decision of 4 February 2014 on the nomination of Klaus Heiner Lehne as a Member of the Court of Auditors (C7-0423/2013 — 2013/0813(NLE))
   (Consultation)
   (2017/C 093/40)

      The European Parliament,

               —

               having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0423/2013),

               —

               having regard to Rule 108 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0050/2014),

               A.

               whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;

               B.

               whereas at its meeting of 23 January 2014, the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;

               1.

               Delivers a favourable opinion on the Council’s nomination of Klaus Heiner Lehne as a Member of the Court of Auditors;

               2.

               Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.


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32002D0848

2002/848/EC: Council Decision of 28 October 2002 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2002/460/EC

Official Journal L 295 , 30/10/2002 P. 0012 - 0013

Council Decisionof 28 October 2002implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2002/460/EC(2002/848/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism(1), and in particular Article 2(3) thereof,Whereas:(1) On 17 June 2002, the Council adopted Decision 2002/460/EC implementing Article 2(3) of Council Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2002/334/EC(2).(2) It is desirable to adopt an updated list of persons, groups and entities to which the aforesaid Regulation applies,HAS DECIDED AS FOLLOWS:Article 1The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 shall be as follows:1. PERSONS1. AL-MUGHASSIL, Ahmad Ibrahim (aka ABU OMRAN; aka AL-MUGHASSIL, Ahmed Ibrahim) born 26.6.1967 in Qatif-Bab al Shamal, Saudi Arabia; citizen Saudi Arabia2. AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa, Saudi Arabia; citizen Saudi Arabia3. AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut, Saudi Arabia; citizen Saudi Arabia4. ATWA, Ali (aka BOUSLIM, Ammar Mansour; aka SALIM, Hassan Rostom), Lebanon, born 1960 in Lebanon; citizen Lebanon5. EL-HOORIE, Ali Saed Bin Ali (aka AL-HOURI, Ali Saed Bin Ali; aka EL-HOURI, Ali Saed Bin Ali) born 10.7.1965 alt. 11.7.1965 in El Dibabiya, Saudi Arabia; citizen Saudi Arabia6. IZZ-AL-DIN, Hasan (aka GARBAYA, AHMED; aka SA-ID; aka SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen Lebanon7. MOHAMMED, Khalid Shaikh (aka ALI, Salem; aka BIN KHALID, Fahd Bin Adballah; aka HENIN, Ashraf Refaat Nabith; aka WADOOD, Khalid Adbul) born 14.4.1965 alt. 1.3.1964 in Pakistan, passport No 4885558. MUGHNIYAH, Imad Fa'iz (aka MUGHNIYAH, Imad Fayiz), Senior Intelligence Officer of HIZBALLAH, born 7.12.1962 in Tayr Dibba, Lebanon, passport No 432298 (Lebanon)9. SISON, Jose Maria (aka Armando Liwanag, aka Joma, in charge of NPA) born 8.2.1939 in Cabugao, Philippines2. GROUPS AND ENTITIES1. Abu Nidal Organisation (ANO), (aka Fatah Revolutionary Council, Arab Revolutionary Brigades, Black September, and Revolutionary Organisation of Socialist Muslims)2. Al-Aqsa Martyrs' Brigade3. Aum Shinrikyo (aka AUM, aka Aum Supreme Truth, aka Aleph)4. Babbar Khalsa5. Gama'a al-Islamiyya (Islamic Group), (aka Al-Gama'a al-Islamiyya, IG)6. Hamas-Izz al-Din al-Qassem (terrorist wing of Hamas)7. Holy Land Foundation for Relief and Development8. International Sikh Youth Federation (ISYF)9. Kahane Chai (Kach)10. Kurdistan Workers' Party (PKK)11. Lashkar e Tayyaba (LET)/Pashan-e-Ahle Hadis12. Mujahedin-e Khalq Organisation (MEK or MKO) (minus the "National Council of Resistance of Iran" (NCRI)) (aka The National Liberation Army of Iran (NLA, the militant wing of the MEK), the People's Mujahidin of Iran (PMOI), Muslim Iranian Students' Society)13. New Peoples Army (NPA), Philippines, linked to Sison Jose Maria C. (aka Armando Liwanag, aka Joma, in charge of NPA)14. Palestine Liberation Front (PLF)15. Palestinian Islamic Jihad (PIJ)16. Popular Front for the Liberation of Palestine (PFLP)17. Popular Front for the Liberation of Palestine-General Command, (aka PFLP-General Command, aka PFLP-GC)18. Revolutionary Armed Forces of Colombia (FARC)19. Revolutionary People's Liberation Army/Front/Party (DHKP/C), (aka Devrimci Sol (Revolutionary Left), Dev Sol)20. Shining Path (SL) (Sendero Luminoso)21. United Self-Defense Forces/Group of Colombia (AUC) (Autodefensas Unidas de Colombia)Article 2Decision 2002/460/EC is hereby repealed.Article 3This Decision shall be published in the Official Journal of the European Communities.It shall take effect on the day of its publication.Done at Brussels, 28 October 2002.For the CouncilThe PresidentP. S. Møller(1) OJ L 344, 28.12.2001, p. 70.(2) OJ L 160, 18.6.2002, p. 26.


Avis juridique important

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31996D0206

96/206/ECSC, EC: Decision of the Council and the Commission of 22 December 1995 on the conclusion by the European Community of an Interim Agreement on trade and trade-related matters between the European Community and the European Coal and Steel Community, of the one part and the State of Israel on the other part

Official Journal L 071 , 20/03/1996 P. 0001 - 0001

DECISION OF THE COUNCIL AND THE COMMISSION of 22 December 1995 on the conclusion by the European Community of an Interim Agreement on trade and trade-related matters between the European Community and the European Coal and Steel Community, of the one part and the State of Israel on the other part (96/206/ECSC, EC)THE COUNCIL OF THE EUROPEAN UNION, ANDTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Coal and Steel Community and in particular Article 95 thereof,Having regard to the Treaty establishing the European Community, and in particular Article 113, in conjunction with the first sentence of Article 228 (2) and the first subparagraph of Article 228 (3) thereof,Having regard to the opinion of the European Parliament (1),After consulting the Consultative Committee and obtaining the unanimous assent of the Council,Whereas, pending the entry into force of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, signed in Brussels, on 20 November 1995, it is necessary to approve the Interim Agreement on trade and trade-related matters between the European Community and the European Coal and Steel Community, of the one part, and the State of Israel, of the other part,HAVE DECIDED AS FOLLOWS:Article 1 The Interim Agreement on trade and trade related matters between the European Community and the European Coal and Steel Community, of the one part, and the State of Israel, of the other part, together with its Annexes, the Protocols, the exchanges of letters and the declarations are hereby approved on behalf of the European Community and the European Coal and Steel Community.The texts of the acts referred to in the first paragraph are attached to this Decision.Article 2 The President of the Council shall give the notification provided for in Article 40 of the Interim Agreement on behalf of the European Community. The President of the Commission shall give that notification on behalf of the European Coal and Steel Community (2).Done at Brussels, 22 December 1995.For the CouncilThe PresidentL. ATIENZA SERNAFor the Commission The PresidentJ. SANTER(1) OJ No C 17, 22. 1. 1996.(2) See page 148 of this Official Journal.