title: 2010/299/: Commission Decision of 21 May 2010 repealing Decision 2002/627/EC establishing the European Regulators Group for Electronic Communications Networks and Services  (Text with EEA relevance)

text:
               26.5.2010

               EN

               Official Journal of the European Union

               L 127/18

         COMMISSION DECISION
   of 21 May 2010
   repealing Decision 2002/627/EC establishing the European Regulators Group for Electronic Communications Networks and Services
   (Text with EEA relevance)
   (2010/299/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               Following the establishment in 2002 of the regulatory framework for electronic communications networks and services in accordance with European Parliament and Council Directives 2002/21/EC of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (1), 2002/19/EC of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (2), 2002/20/EC of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (3) and 2002/22/EC of 7 March 2002 on the universal services and users’ rights related to electronic communications networks and services (Universal Service Directive) (4), the Commission adopted Decision 2002/627/EC (5) establishing an advisory group of the independent national regulatory authorities on electronic communications networks and services, called the European Regulators Group for Electronic Communications Networks and Services (the ERG).

               (2)

               The ERG has made a positive contribution towards consistent regulatory practice by facilitating cooperation between national regulatory authorities (NRAs) and between NRAs and the Commission and by providing an interface for advising and assisting the Commission in the electronic communications field.

               (3)

               The 2002 regulatory framework for electronic communications has been amended by Directive 2009/140/EC of the European Parliament and of the Council (6), and by Directive 2009/136/EC of the European Parliament and of the Council (7) and has been supplemented by Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (8).

               (4)

               Under Regulation (EC) No 1211/2009 the role previously performed by the ERG is strengthened and given greater recognition in the revised framework, through the establishment of BEREC itself and its enhanced participation in the development of regulatory policy as well as in the mechanisms provided for ensuring consistent application of rules across the Member States. In particular according to that Regulation, BEREC is to replace the ERG and act as an exclusive forum for cooperation among NRAs and between the NRAs and the Commission, in the exercise of the full range of their responsibilities under the EU regulatory framework.

               (5)

               Decision 2002/627/EC should therefore be repealed,

         HAS ADOPTED THIS DECISION:
   Sole Article
   Decision 2002/627/EC is hereby repealed as from 1 June 2010.

      Done at Brussels, 21 May 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 108, 24.4.2002, p. 33.

      (2)  OJ L 108, 24.4.2002, p. 7.

      (3)  OJ L 108, 24.4.2002, p. 21.

      (4)  OJ L 108, 24.4.2002, p. 51.

      (5)  OJ L 200, 30.7.2002, p. 38.

      (6)  OJ L 337, 18.12.2009, p. 37.

      (7)  OJ L 337, 18.12.2009, p. 11.

      (8)  OJ L 337, 18.12.2009, p. 1.


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31998D0243

98/243/JHA: Council Decision of 19 March 1998 on the sharing of the costs of preparing film masters for the uniform format for residence permits

Official Journal L 099 , 31/03/1998 P. 0001 - 0001

COUNCIL DECISION of 19 March 1998 on the sharing of the costs of preparing film masters for the uniform format for residence permits (98/243/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article K.8(2), second paragraph, second indent thereof,Having regard to the Joint Action of 16 December 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, concerning a uniform format for residence permits (1), and in particular Article 2(1) thereof,Whereas adoption by the Council of the technical specifications referred to in Article 2(1) of that Joint Action entails the creation of film masters for the uniform format for residence permits;Whereas the Kingdom of the Netherlands has declared its willingness to prepare the film masters on behalf of the other Member States;Whereas the cost of preparing the film masters incurred by the Kingdom of the Netherlands must be shared among the Member States,HAS DECIDED AS FOLLOWS:Article 1 The Kingdom of the Netherlands is hereby empowered to prepare the film masters for the uniform format for residence permits on behalf of the Member States.Article 2 The total cost of preparing film masters for the uniform format for residence permits, which amounts to ECU 124 667, shall be financed from Member States' contributions. The financial contribution to be made by each individual Member State shall be calculated on the basis of the proportion of its gross national product to the total sum of Member States' gross national products which serves as the basis for the financing of the general budget of the European Communities for 1997 (2). 'Gross national product` within the meaning of this Article shall be as defined by Council Directive 89/130/EEC, Euratom of 13 February 1989 on the harmonisation of the compilation of gross national product at market prices (3).Article 3 This Decision shall enter into force on the day of its publication in the Official Journal.Done at Brussels, 19 March 1998.For the CouncilThe PresidentJ. STRAW(1) OJ L 7, 10.1.1997, p. 1.(2) OJ L 44, 14.2.1997, p. 127.(3) OJ L 49, 21.2.1989, p. 26.


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31991D0602

91/602/EEC: Council Decision of 25 November 1991 denouncing the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia

Official Journal L 325 , 27/11/1991 P. 0023 - 0023 Finnish special edition: Chapter 11 Volume 19 P. 0016  Swedish special edition: Chapter 11 Volume 19 P. 0016

COUNCIL DECISION  of 25 November 1991  denouncing the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia  (91/602/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 238 thereof,  Having regard to the proposal from the Commission,  Having regard to the assent of the European Parliament (1),  Whereas, under the provisions of Article 60 of the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia (2), either Contracting Party may denounce the Agreement by notifying the other Contracting  Party;  Whereas the situation prevailing in Yugoslavia no longer permits the abovementioned Agreement and the related instruments to be upheld,  HAS DECIDED AS FOLLOWS:  Article 1  The Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia and all related Protocols and instruments are hereby denounced.  Article 2  This Decision shall be published in the Official Journal of the European Communities and notified by the President of the Council to the Socialist Federal Republic of Yugoslavia.  It shall take effect on the day of its publication. Done at Brussels, 25 November 1991. For the Council  The President  J. M. M. RITZEN   (1) Assent delivered on 20 November 1991 (not yet published in the Official Journal). (2) OJ No L 41, 14. 2. 1983, p. 1.


title: 2009/3/EC: Commission Decision of 18 December 2008 establishing Community reserves of vaccines against African horse sickness

text:
               6.1.2009

               EN

               Official Journal of the European Union

               L 2/9

      COMMISSION DECISION

   of 18 December 2008
   establishing Community reserves of vaccines against African horse sickness
   (2009/3/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Articles 6(2) and 8 thereof,
   Having regard to Council Directive 92/35/EEC of 29 April 1992 laying down control rules and measures to combat African horse sickness (2), and in particular Article 12 thereof,
   Whereas:

               (1)

               African horse sickness (AHS) is an arthropod-borne disease of equidae primarily of sub-Saharan Africa. Occasionally the disease has spread outside Africa as far as India but also into northern Africa and onto the Iberian Peninsula, and between the latter. The disease is caused by an Orbivirus similar to the causative virus of bluetongue. However, unlike bluetongue in sheep and cattle, AHS is almost always fatal for horses.

               (2)

               Nine antigenically distinct serotypes of the AHS-virus have been identified by virus neutralisation but some cross-reaction has been observed between serotypes 1 and 2, 3 and 7, 5 and 8, and 6 and 9, which is used in vaccine manufacturing.

               (3)

               The persistent circulation of bluetongue virus in certain Member States is sufficient proof for the almost uninterrupted presence of competent vectors in the affected areas. The AHS-virus and bluetongue virus are transmitted by the same vector Culicoides and therefore the risk of virus introduction into Member States is higher than negligible. The bluetongue affected parts of the Community are also core breeding grounds for valuable horse populations that are thus particularly threatened by AHS.

               (4)

               The early use of vaccines in case of an outbreak of AHS is provided for in Article 6(1)(d) of Directive 92/35/EEC. In accordance with Article 9(2) of that Directive, the Commission may take a decision to carry out systematic vaccination of equidae against AHS, however, no vaccine against AHS is currently produced by the pharmaceutical industry based in the Member States or registered in Europe by an international manufacturer.

               (5)

               With substantial Community support to Spain, Portugal and later also Morocco, the 1987-91 outbreak in that ecosystem was extinct, and since 1993 all Member States of the European Union comply with the conditions for an AHS free country according to the criteria set up by Community legislation.

               (6)

               Chapter 12.1 of the Terrestrial Animal Health Code (the Code) of the World Organisation for Animal Health (OIE) (3) sets, inter alia, the standards for movements of vaccinated or seropositive equidae and provides for the guidelines to be followed in order to maintain or recover the free status following an outbreak.

               (7)

               In the absence of a specific monograph for vaccines against AHS in the European Pharmacopoeia, the description in Chapter 2.5.1 of the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals (4) of the vaccine produced by Onderstepoort Biological Products Ltd (OBP) in South Africa is the only available and authentic standard for live attenuated vaccines against AHS.

               (8)

               In the light of the experience with vaccination against bluetongue in Member States, in order to prevent the introduction of previously undetected serotypes in an ecosystem, it is necessary to establish the capacity for resorting in case of emergency to monovalent vaccines containing only the serotype already prevalent or directly threatening the region. The OBP has the technology to produce suitable monovalent attenuated vaccines from the seven serotypes included in the routinely produced tri- and tetravalent attenuated live vaccines for combined subsequent use in endemic settings that is effective against all nine AHS-virus serotypes.

               (9)

               OBP is thus the only potential contractor with the required capacities to provide effective vaccines for AHS that meet internationally accepted standards, within the meaning of Article 123(3) of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002, laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5).

               (10)

               The OIE Manual indicates an extended period of stability when the lyophilised vaccine is stored at 4-8 °C; however the commercially guaranteed shelf life is set at two years. A decision on the renewal of the vaccine stocks should therefore be taken in due course before the expiry of the shelf life and in the light of the epidemiological situation and the possible development of new vaccines.

               (11)

               Based on experience with other Community vaccine reserves and taking into account that in case of AHS a complete primary course of vaccination consists of a first administration of the vaccine followed by a second booster vaccination, a total number of 100 000 doses of each of the seven attenuated serotypes would be sufficient for a first emergency response.

               (12)

               For the protection of susceptible equidae it is therefore appropriate to establish Community reserves of vaccines against AHS and to make them available for emergency use in Member States or in epidemiologically relevant neighbouring third countries representing a particular AHS risk to them.

               (13)

               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 DECIDED AS FOLLOWS:
   Article 1
   1.   For emergency use the Community shall make arrangements for the purchase of 100 000 doses of lyophilised monovalent attenuated live vaccines, including the necessary diluents, against African horse sickness of each of the serotypes 1, 2, 3, 4, 6, 7 and 8.
   2.   The arrangements referred to in paragraph 1 shall include the supply and storage of the total of 700 000 doses of lyophilised vaccines and the shipment without delay of the specified vaccines to a place in the European Union, or its epidemiologically relevant direct neighbourhood, designated in case of emergency by the Commission.
   Article 2
   The maximum cost of the measures referred to in Article 1 shall be up to EUR 500 000 for a period of two years.
   Article 3
   To meet the objectives of Articles 1 and 2 the Commission shall conclude for the years 2009 and 2010 a supply contract with Onderstepoort Biological Products Ltd (OBP) in South Africa on:

               —

               the supply and storage of the vaccines described in Article 1(1),

               —

               the delivery of the vaccines together with the diluents as described in Article 1(2), and

               —

               the details of disposal of expired vaccines.

      Done at Brussels, 18 December 2008.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 224, 18.8.1990, p. 19.

      (2)  OJ L 157, 10.6.1992, p. 19.

      (3)  http://www.oie.int/eng/normes/mcode/en_chapitre_1.12.1.htm

      (4)  http://www.oie.int/eng/normes/mmanual/2008/pdf/2.05.01_AHS.pdf

      (5)  OJ L 357, 31.12.2002, p. 1.


title: 2010/158/: Commission Decision of 16 March 2010 concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype H5N1 in poultry in Romania (notified under document C(2010) 1862) (Text with EEA relevance)

text:
               17.3.2010

               EN

               Official Journal of the European Union

               L 67/10

         COMMISSION DECISION
   of 16 March 2010
   concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype H5N1 in poultry in Romania
   (notified under document C(2010) 1862)
   (Text with EEA relevance)
   (2010/158/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(3) thereof,
   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 (2), and in particular Article 10(3) thereof,
   Having regard to Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (3), and in particular the first paragraph of Article 18 thereof,
   Whereas:

               (1)

               Avian influenza is an infectious viral disease in birds, including poultry. Infection with avian influenza viruses in domestic poultry causes 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)

               Avian influenza is mainly found in birds, but under certain circumstances infections can also occur in humans even though the risk is generally very low.

               (3)

               In the event of an outbreak of avian influenza, there is a risk that the disease agent might spread to other poultry holdings and to wild birds. As a result it may spread from one Member State to another Member State and to third countries through trade in live birds or their products and by migration of wild birds.

               (4)

               Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza (4) sets out measures for the control of both the low pathogenic and highly pathogenic forms of avian influenza. Article 16 of that Directive provides for the establishment of protection, surveillance and further restricted zones in the event of outbreaks of highly pathogenic avian influenza.

               (5)

               Commission Decision 2006/415/EC of 14 June 2006 concerning certain protection measures in relation to highly pathogenic avian influenza of the subtype H5N1 in poultry in the Community (5) lays down additional protection measures to be applied in a Member State affected by the highly pathogenic avian influenza virus of the H5N1 subtype in order to prevent the spread of that disease, taking into account the specific epidemiology of that particular virus strain.

               (6)

               Article 4 of Decision 2006/415/EC requires that Member States immediately following a suspected or confirmed outbreak of highly pathogenic avian influenza of subtype H5N1 establish a high risk area consisting of protection and surveillance zones (area A) and a low risk area separating area A from the disease-free parts of the affected Member State (area B). Those areas are listed in the Annex to that Decision.

               (7)

               Romania has notified the Commission of a confirmed outbreak of highly pathogenic avian influenza of subtype H5N1 on its territory and has taken the appropriate measures as provided for in Decision 2006/415/EC, including the establishment of areas A and B.

               (8)

               The Commission has now examined those protection measures in collaboration with Romania and is satisfied that the borders of areas A and B established by the competent authority in that Member State are at a sufficient distance to the actual location of the confirmed outbreak.

               (9)

               In order to prevent any unnecessary disturbance to trade within the Union and to avoid the adoption of unjustified barriers to trade by third countries, it is necessary to promptly establish a list of the areas A and B in Romania at Union level.

               (10)

               Accordingly, pending the next meeting of the Standing Committee on the Food Chain and Animal Health, areas A and B in Romania, where the protection measures laid down in Decision 2006/415/EC are to apply, should be listed in the present Decision and the duration of that regionalisation fixed.

               (11)

               This Decision will be reviewed at the next meeting of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DECISION:
   Article 1
   This Decision defines the areas within which the interim protection measures provided for in Decision 2006/415/EC shall apply and the period of application of such measures.
   Article 2
   1.   The area listed in Part A of the Annex to this Decision shall be considered the high risk area (area A) as referred to in Article 3(1) of Decision 2006/415/EC.
   2.   The area listed in Part B of the Annex to this Decision shall be considered the low risk area (area B) as referred to in Article 3(2) of Decision 2006/415/EC.
   Article 3
   This Decision is applicable until 17 April 2010.
   Article 4
   This Decision is addressed to the Member States.

      Done at Brussels, 16 March 2010.

            For the Commission

         John DALLI

            Member of the Commission

      (1)  OJ L 395, 30.12.1989, p. 13.

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

      (3)  OJ L 146, 13.6.2003, p. 1.

      (4)  OJ L 10, 14.1.2006, p. 16.

      (5)  OJ L 164, 16.6.2006, p. 51.

      ANNEX

         PART A

      Area A as referred to in Article 2(1):

                  ISO country code

                  Member State

                  Area A

                  Date until applicable

                  Code

                  Name

                  RO

                  Romania

                  00038

                  Area comprising:

                  17.4.2010

                  Protection zone:
                  Letea

                  Surveillance zone:

                              C.A. Rosetti

                              Sfiștofca

                              Cardon

         PART B

      Area B as referred to in Article 2(2):

                  ISO country code

                  Member State

                  Area B

                  Date until applicable

                  Code

                  Name

                  RO

                  Romania

                  00038

                  The areas of the County of Tulcea other than listed in Area A

                  17.4.2010


title: 2012/583/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the European Network and Information Security Agency for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/228

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on the closure of the accounts of the European Network and Information Security Agency for the financial year 2010
   (2012/583/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Network and Information Security Agency for the financial year 2010, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

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

               —

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

               —

               having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency (3), and in particular Article 17 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 Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0136/2012),

               1.

               Approves the closure of the accounts of the European Network and Information Security Agency for the financial year 2010;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Network and Information Security 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 15.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 77, 13.3.2004, p. 1.

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


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31994D0672

94/672/CFSP: Council Decision of 10 October 1994 on the Common Position defined on the basis of Article J.2 of the Treaty on European Union and concerning the reduction of economic and financial relations with those parts of the territory of the Republic of Bosnia- Herzegovina under the control of the Bosnian Serb forces

Official Journal L 266 , 15/10/1994 P. 0010 - 0010 Finnish special edition: Chapter 18 Volume 1 P. 0006  Swedish special edition: Chapter 18 Volume 1 P. 0006

COUNCIL DECISION of 10 October 1994 on the common position defined on the basis of Article J.2 of the Treaty on European Union and concerning the reduction of economic and financial relations with those parts of the territory of the Republic of  Bosnia-Herzegovina under the control of the Bosnian Serb forces (94/672/CFSP)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty on European Union, and in particular Article J.2 thereof,  Having regard to Resolution 942 (1994) adopted by the United Nations Security Council on 23 September 1994,  HAS DECIDED AS FOLLOWS:   Article 1  Economic and financial relations with those parts of the territory of the Republic of Bosnia-Herzegovina under the control of the Bosnian Serb forces will be reduced in accordance with the relevant provisions of Resolution 942 (1994) adopted  by the United Nations Security Council on 23 September 1994.   Article 2  This Decision shall be published in the Official Journal.  Done at Luxembourg, 10 October 1994.  For the Council The President Th. WAIGEL


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32002D0772

2002/772/EC,Euratom: Council Decision of 25 June 2002 and 23 September 2002 amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Decision 76/787/ECSC, EEC, Euratom

Official Journal L 283 , 21/10/2002 P. 0001 - 0004

Council Decisionof 25 June and 23 September 2002amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Decision 76/787/ECSC, EEC, Euratom(2002/772/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular Article 190(4) thereof,Having regard to the Treaty establishing the European Atomic Energy Community and in particular Article 108(3) and (4) thereof,Having regard to the draft from the European Parliament(1),Having regard to the assent of the European Parliament(2),Whereas:(1) The Act concerning the election of members of the European Parliament by direct universal suffrage should be amended to enable members to be elected by direct universal suffrage in accordance with principles common to all Member States while leaving Member States free to apply their national provisions in respect of aspects not governed by this Decision.(2) To improve the readability of the Act as amended by this Decision, its provisions should be renumbered, thus producing a clearer consolidated text,HAS LAID DOWN the following provisions which it recommends to the Member States for adoption in accordance with their respective constitutional requirements.Article 1The Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom(3), (hereinafter referred to as "the 1976 Act"), is hereby amended in accordance with this Article.1. In the 1976 Act, with the exception of Article 13, the words "representative" or "representative in the European Parliament" shall be replaced by "member of the European Parliament".2. Article 1 shall be replaced by the following: "Article 11. In each Member State, members of the European Parliament shall be elected on the basis of proportional representation, using the list system or the single transferable vote.2. Member States may authorise voting based on a preferential list system in accordance with the procedure they adopt.3. Elections shall be by direct universal suffrage and shall be free and secret."3. Article 2 shall be replaced by the following articles: "Article 2In accordance with its specific national situation, each Member State may establish constituencies for elections to the European Parliament or subdivide its electoral area in a different manner, without generally affecting the proportional nature of the voting system.Article 2AMember States may set a minimum threshold for the allocation of seats. At national level this threshold may not exceed 5 per cent of votes cast.Article 2BEach Member State may set a ceiling for candidates' campaign expenses."4. Article 3 shall be amended as follows:(a) paragraph 1 shall be deleted and paragraphs 2 and 3 shall become paragraphs 1 and 2;(b) in the new paragraph 1, the words "This five-year period" shall be replaced by "The five-year term for which members of the European Parliament are elected";(c) in the new paragraph 2, the reference to "paragraph 2" shall be replaced by a reference to "paragraph 1".5. Article 4(2) shall be replaced by the following: "2. Members of the European Parliament shall enjoy the privileges and immunities applicable to them by virtue of the Protocol of 8 April 1965 on the privileges and immunities of the European Communities."6. Article 5 shall be repealed.7. Article 6 shall be amended as follows:(a) in paragraph 1:(i) at the end of the third indent, the words "or of the Court of First Instance" shall be added;(ii) between the current third and fourth indent, the following indent shall be added: "- member of the Board of Directors of the European Central Bank,";(iii) between the current fourth and fifth indent, the following indent shall be added: "- Ombudsman of the European Communities,";(iv) in the current fifth indent, the words "member of the Consultative Committee of the European Coal and Steel Community or" shall be deleted;(v) in the current sixth indent, the words "The European Coal and Steel Community" shall be deleted;(vi) the current eighth indent shall be replaced by the following: "- active official or servant of the institutions of the European Communities or of the specialised bodies attached to them or of the European Central Bank.";(b) after paragraph 1, the following paragraph shall be inserted and the current paragraphs 2 and 3 shall become paragraphs 3 and 4: "2. From the European Parliament elections in 2004, the office of member of the European Parliament shall be incompatible with that of member of a national parliament.By way of derogation from that rule and without prejudice to paragraph 3:- members of the Irish National Parliament who are elected to the European Parliament at a subsequent poll may have a dual mandate until the next election to the Irish National Parliament, at which juncture the first subparagraph of this paragraph shall apply;- members of the United Kingdom Parliament who are also members of the European Parliament during the five-year term preceding election to the European Parliament in 2004 may have a dual mandate until the 2009 European Parliament elections, when the first subparagraph of this paragraph shall apply.",(c) in the new paragraph 3 the words "lay down" shall be replaced by "extend" and the reference to Article 7(2) shall be replaced by a reference to "Article 7";(d) in the new paragraph 4 "paragraphs 1 and 2" shall be replaced by "paragraphs 1, 2 and 3".8. Article 7 shall be replaced by the following: "Article 7Subject to the provisions of this Act, the electoral procedure shall be governed in each Member State by its national provisions.These national provisions, which may if appropriate take account of the specific situation in the Member States, shall not affect the essentially proportional nature of the voting system."9. Article 9 shall be amended as follows:(a) in paragraph 1 the words "on the date fixed" shall be replaced by "on the date and at the times fixed";(b) in paragraph 2 the words "The counting of votes may not begin" shall be replaced by "Member States may not officially make public the results of their count";(c) paragraph 3 shall be deleted.10. Article 10 shall be amended as follows:(a) in paragraph 1, the words "period referred to in Article 9(1)" shall be replaced by "electoral period";(b) in the second subparagraph of paragraph 2, the words "determine another period which shall not be more than one month before" shall be replaced by "determine, at least one month before the end of the five-year term referred to in Article 3, another electoral period which shall not be more than two months before";(c) in paragraph 3 the words "to Article 22 of the Treaty establishing the European Coal and Steel Community" shall be deleted, the words "European Economic Community" shall be replaced by "European Community", and the words "period referred to in Article 9(1)" shall be replaced by "electoral period".11. In Article 11, the words "Pending the entry into force of the uniform electoral procedure referred to in Article 7(1)" shall be deleted.12. Article 12 shall be replaced by the following: "Article 121. A seat shall fall vacant when the mandate of a member of the European Parliament ends as a result of resignation, death or withdrawal of the mandate.2. Subject to the other provisions of this Act, each Member State shall lay down appropriate procedures for filling any seat which falls vacant during the five-year term of office referred to in Article 3 for the remainder of that period.3. Where the law of a Member State makes explicit provision for the withdrawal of the mandate of a member of the European Parliament, that mandate shall end pursuant to those legal provisions. The competent national authorities shall inform the European Parliament thereof.4. Where a seat falls vacant as a result of resignation or death, the President of the European Parliament shall immediately inform the competent authorities of the Member State concerned thereof."13. Article 14 shall be repealed.14. Article 15 shall be replaced by the following: "Article 15This Act is drawn up in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, all the texts being equally authentic.Annexes II and III shall form an integral part of this Act."15. Annex I shall be repealed.16. In Annex III, the declaration by the Government of the Federal Republic of Germany shall be deleted.Article 21. The articles of and Annexes to the 1976 Act, as amended by this Decision, shall be renumbered in accordance with the table of equivalence set out in the Annex to this Decision, which shall form an integral part thereof.2. Cross-references to the articles of and Annexes to the 1976 Act shall be adapted in consequence. The same shall apply as regards references to those articles and to their subdivisions contained in the Community Treaties.3. References to articles of the 1976 Act contained in other instruments or acts shall be understood as references to the articles of the 1976 Act as renumbered pursuant to paragraph 1 and, respectively, the paragraphs of those articles, as renumbered by this Decision.Article 31. The amendments referred to in Articles 1 and 2 shall take effect on the first day of the month following the adoption of the provisions of this Decision by the Member States, in accordance with their respective constitutional requirements.2. The Member States shall notify the General Secretariat of the Council of the completion of their national procedures.Article 4This Decision shall be published in the Official Journal of the European Communities.Done at Luxembourg, 25 June 2002.For the CouncilThe PresidentJ. Matas I PalouDone at Brussels, 23 September 2002.For the CouncilThe PresidentM. Fischer Boel(1) OJ C 292, 21.9.1998, p. 66.(2) Opinion delivered on 12 June 2002 (not yet published in the Official Journal).(3) OJ L 278, 8.10.1976, p. 1.ANNEXTable of equivalence referred to in Article 2 of the Council Decision 2002/772/EC, Euratom of 25 June and of 23 September 2002 amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Decision 76/787/ECSC, EEC, Euratom>TABLE>


title: 2010/687/: Council Decision of 8 November 2010 on the signing, on behalf of the European Union, of the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation

text:
               12.11.2010

               EN

               Official Journal of the European Union

               L 294/9

         COUNCIL DECISION
   of 8 November 2010
   on the signing, on behalf of the European Union, of the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation
   (2010/687/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(3), in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 27 November 2008 the Council authorised the Commission to open negotiations with Georgia on the readmission of persons residing without authorisation. The negotiations were successfully concluded and the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation (‘Agreement’) was initialled on 19 October 2010.

               (2)

               The Agreement should be signed, on behalf of the Union, subject to its conclusion.

               (3)

               In accordance with Article 3 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, the United Kingdom has notified its wish to take part in the adoption and application of this Decision.

               (4)

               In accordance with Articles 1 and 2 of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (5)

               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
   The signing of the Agreement between the European Union and Georgia on the readmission of persons residing without authorisation is hereby approved, on behalf of the Union, subject to the conclusion of the said Agreement (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 8 November 2010.

            For the Council

            The President

         M. WATHELET

      (1)  The text of the Agreement will be published together with the decision on its conclusion.


title: 2009/440/EC: Council Decision of 25 May 2009 appointing four Finnish members and two Finnish alternate members of the Committee of the Regions

text:
               11.6.2009

               EN

               Official Journal of the European Union

               L 148/16

      COUNCIL DECISION

   of 25 May 2009
   appointing four Finnish members and two Finnish alternate members of the Committee of the Regions
   (2009/440/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 Finnish Government,
   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)

               Four members' seats on the Committee of the Regions have become vacant following the resignation of Ms Auli HYVÄRINEN and Ms Elina LEHTO-HÄGGROTH and following the end of mandate of Mr Risto ERVELÄ and Mr Risto KOIVISTO. Two alternate members' seats have become vacant following the resignation of Ms Martina MALMBERG and Ms Heini UTUNEN,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

               (a)

               as members:

                           —

                           Ms Satu TIETARI, Säkylän kunnanvaltuuston jäsen,

                           —

                           Ms Anne KARJALAINEN, Keravan kaupunginvaltuuston jäsen,

                           —

                           Mr Risto ERVELÄ, Sauvon kunnanvaltuuston jäsen (change of mandate),

                           —

                           Mr Risto KOIVISTO, Pirkkalan kunnanjohtaja (change of mandate),

               (b)

               as alternate members:

                           —

                           Mr Petri KALMI, Nurmijärven kunnanvaltuuston puheenjohtaja,

                           —

                           Mr Mårten JOHANSSON, Raaseporin kaupunginjohtaja.

         Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 25 May 2009.

            For the Council

            The President

         J. ŠEBESTA

      (1)  OJ L 56, 25.2.2006, p. 75.


Avis juridique important

|

31982D0495

82/495/EEC: Council Decision of 19 July 1982 on the conclusion of a Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade

Official Journal L 219 , 28/07/1982 P. 0052 - 0052 Finnish special edition: Chapter 11 Volume 10 P. 0123  Spanish special edition: Chapter 03 Volume 26 P. 0006  Swedish special edition: Chapter 11 Volume 10 P. 0123  Portuguese special edition Chapter 03 Volume 26 P. 0006

*****COUNCIL  DECISION  of 19 July 1982  on the conclusion of a Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade  (82/495/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 recommendation from the Commission,  Whereas the conclusion of a Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade is in their mutual interest,  HAS DECIDED AS FOLLOWS:  Article 1  The Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade 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 person empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 19 July 1982.  For the Council  The President  K. OLESEN


title: Council Decision (EU) 2016/1966 of 20 September 2016 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex XIX (Consumer protection) to the EEA Agreement (Alternative Dispute Settlement System)

text:
                  10.11.2016

                  EN

                  Official Journal of the European Union

                  L 303/16

            COUNCIL DECISION (EU) 2016/1966
      of 20 September 2016
      on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex XIX (Consumer protection) to the EEA Agreement (Alternative Dispute Settlement System)
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114, in conjunction with Article 218(9) thereof,
      Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
      Having regard to the proposal from the European Commission,
      Whereas:

                  (1)

                  The Agreement on the European Economic Area (‘the EEA Agreement’) entered into force on 1 January 1994.

                  (2)

                  Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex XIX (Consumer protection) to the EEA Agreement.

                  (3)

                  Regulation (EU) No 524/2013 of the European Parliament and of the Council (2) is to be incorporated into the EEA Agreement.

                  (4)

                  Commission Implementing Regulation (EU) 2015/1051 (3) is to be incorporated into the EEA Agreement.

                  (5)

                  Directive 2013/11/EU of the European Parliament and of the Council (4) is to be incorporated into the EEA Agreement.

                  (6)

                  Annex XIX (Consumer protection) to the EEA Agreement should therefore be amended accordingly.

                  (7)

                  The position of the Union within the EEA Joint Committee should therefore be based on the attached draft Decision,

            HAS ADOPTED THIS DECISION:
      Article 1
      The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment to Annex XIX (Consumer protection) to the EEA Agreement, shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at Brussels, 20 September 2016.

               For the Council

               The President

            I. KORČOK

         (1)  OJ L 305, 30.11.1994, p. 6.

         (2)  Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 1).

         (3)  Commission Implementing Regulation (EU) 2015/1051 of 1 July 2015 on the modalities for the exercise of the functions of the online dispute resolution platform, on the modalities of the electronic complaint form and on the modalities of the cooperation between contact points provided for in Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes (OJ L 171, 2.7.2015, p. 1).

         (4)  Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 63).

         DRAFT
         DECISION OF THE EEA JOINT COMMITTEE No …
         of …
         amending Annex XIX (Consumer protection) to the EEA Agreement
         THE EEA JOINT COMMITTEE,
         Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,
         Whereas:

                     (1)

                     Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (1) is to be incorporated into the EEA Agreement.

                     (2)

                     It is necessary to establish specific transitional modalities pending full implementation of the translation function of the online dispute resolution platform referred to in Article 5 of Regulation (EU) No 524/2013 as regards the Icelandic language.

                     (3)

                     Commission Implementing Regulation (EU) 2015/1051 of 1 July 2015 on the modalities for the exercise of the functions of the online dispute resolution platform, on the modalities of the electronic complaint form and on the modalities of the cooperation between contact points provided for in Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes (2) is to be incorporated into the EEA Agreement.

                     (4)

                     Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (3) is to be incorporated into the EEA Agreement.

                     (5)

                     Annex XIX to the EEA Agreement should therefore be amended accordingly,

               HAS ADOPTED THIS DECISION:
         Article 1
         Annex XIX to the EEA Agreement shall be amended as follows:

                     1.

                     The following is added in point 7d (Directive 2009/22/EC of the European Parliament and of the Council):
                     ‘, amended by:

                                 —

                                    32013 R 0524: Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 (OJ L 165, 18.6.2013, p. 1),

                                 —

                                    32013 L 0011: Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 (OJ L 165, 18.6.2013, p. 63).’.

                     2.

                     The following indents are added in point 7f (Regulation (EC) No 2006/2004 of the European Parliament and of the Council):

                                 ‘—

                                    32013 R 0524: Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 (OJ L 165, 18.6.2013, p. 1),

                                 —

                                    32013 L 0011: Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 (OJ L 165, 18.6.2013, p. 63).’.

                     3.

                     The following is inserted after point 7i (Directive 2011/83/EU of the European Parliament and of the Council):

                                 ‘7j.

                                    32013 R 0524: Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 1).
                                 The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

                                             (a)

                                             As regards the EFTA States, the ODR platform referred to in Article 5 of the Regulation shall be accessible within 40 working days from the entry into force of Decision of the EEA Joint Committee No …/… of … [this EEA Joint Committee decision].

                                             (b)

                                             The ODR platform shall be accessible in all the languages referred to in Article 129(1) of the EEA Agreement.

                                             (c)

                                             By way of derogation from Article 5(4)(e) of the Regulation, the ODR platform's translation functions into and from the Icelandic language shall initially be available only as regards the result of an ADR procedure transmitted by an ADR entity. Iceland shall ensure that users of the ODR platform may obtain the translation of all other information into and from the Icelandic language through its ODR contact point, where that information is necessary for the resolution of the dispute and is exchanged through the ODR platform in another language. Information on these modalities as regards the Icelandic language shall be provided on the homepage of the ODR platform.
                                             The Commission and Iceland shall endeavour to improve the translation functions provided by the ODR platform as regards the Icelandic language to ensure comparable quality of all functions to that offered for the other languages and shall regularly inform the EEA Joint Committee of their progress. When the translation functions ensure comparable quality as regards the Icelandic language to that offered for the other languages, the EEA Joint Committee shall without undue delay take a decision to terminate the measures laid down in this point.

                                 7ja.

                                    32015 R 1051: Commission Implementing Regulation (EU) 2015/1051 of 1 July 2015 on the modalities for the exercise of the functions of the online dispute resolution platform, on the modalities of the electronic complaint form and on the modalities of the cooperation between contact points provided for in Regulation (EU) No 524/2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes (OJ L 171, 2.7.2015, p. 1).

                                 7k.

                                    32013 L 0011: Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 63).
                                 The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptations:

                                             (a)

                                             references to other acts in the Directive shall be considered relevant to the extent and in the form that those acts are incorporated into the Agreement.

                                             (b)

                                             as regards the EFTA States, Article 11(2) shall read as follows:
                                             ‘2.   For the purposes of this Article, ‘habitual residence’ shall be determined in accordance with the following:

                                                         (a)

                                                         The habitual residence of companies and other bodies, corporate or unincorporated, shall be the place of central administration;
                                                         The habitual residence of a natural person acting in the course of his business activity shall be his principal place of business;

                                                         (b)

                                                         Where the contract is concluded in the course of the operations of a branch, agency or any other establishment, or if, under the contract, performance is the responsibility of such a branch, agency or establishment, the place where the branch, agency or any other establishment is located shall be treated as the place of habitual residence;

                                                         (c)

                                                         For the purposes of determining the habitual residence, the relevant point in time shall be the time of the conclusion of the contract.’.

                                             (c)

                                             in Article 18(2), the following shall be added:
                                             ‘The Commission shall include on that list competent authorities and single points of contact designated by the EFTA States.’.

                                             (d)

                                             in Article 20(4), the following shall be inserted after the words ‘notified to the Commission.’:
                                             ‘The Commission shall include on that list the ADR entities established in the EFTA States and listed in accordance with paragraph 2.’.’.

               Article 2
         The texts of Regulation (EU) No 524/2013, Implementing Regulation (EU) 2015/1051 and Directive 2013/11/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
         Article 3
         This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).
         Article 4
         This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

            Done at Brussels,

                  For the EEA Joint Committee

                  The President

                  The Secretaries to the EEA Joint Committee

            (1)  OJ L 165, 18.6.2013, p. 1.

            (2)  OJ L 171, 2.7.2015, p. 1.

            (3)  OJ L 165, 18.6.2013, p. 63.

            (*)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


title: 2004/724/EC: Decision of the European Parliament of 21 April 2004 concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section IV — Court of Justice

text:
               21.4.2004

               EN

               Official Journal of the European Union

               L 330/140

         DECISION OF THE EUROPEAN PARLIAMENT
   of 21 April 2004
   concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section IV — Court of Justice
   (2004/724/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the revenue and expenditure account and balance sheet for the 2002 financial year (I5-0034/2003 — C5-0088/2004),
   having regard to the Annual Report of the European Court of Auditors for the 2002 financial year, together with the replies of the institutions (C5-0583/2003) (1),
   having regard to the statement of assurance by the European Court of Auditors, pursuant to Article 248 of the EC Treaty, as to the reliability of the accounts and the legality and regularity of the underlying transactions (C5-0583/2003),
   having regard to the Council's recommendation of 9 March 2003 (C5-0145/2004),
   having regard to Article 272(10) and Article 275 of the EC Treaty,
   having regard to Article 22(2) and (3) of the Financial Regulation of 21 December 1977 (2) and Article 50 of the Financial Regulation of 25 June 2002 (3),
   having regard to Rule 93a of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A5-0228/2004),

               1.

               Grants the Registrar of the Court of Justice discharge in respect of the implementation of the budget for the 2002 financial year;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the Ombudsman and to have them published in the Official Journal of the European Union (L series).

            The Secretary-General

         Julian PRIESTLEY

            The President

         Pat COX

      (1)  OJ C 286, 28.11.2003, p. 1.

      (2)  OJ L 356, 31.12.1977, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.
    ---documentbreak---

               21.4.2004

               EN

               Official Journal of the European Union

               L 330/141

         RESOLUTION
   of the European Parliament containing the comments accompanying the decision concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section IV — Court of Justice
   THE EUROPEAN PARLIAMENT,
   having regard to the revenue and expenditure account and balance sheet for the 2002 financial year (I5-0034/2003 — C5-0088/2004),
   having regard to the Annual Report of the European Court of Auditors for the 2002 financial year, together with the replies of the institutions (C5-0583/2003) (1),
   having regard to the statement of assurance by the European Court of Auditors, pursuant to Article 248 of the EC Treaty, as to the reliability of the accounts and the legality and regularity of the underlying transactions (C5-0583/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0145/2004),
   having regard to Article 272(10) and Article 275 of the EC Treaty,
   having regard to Article 22(2) and (3) of the Financial Regulation of 21 December 1977 (2) and Article 50 of the Financial Regulation of 25 June 2002 (3),
   having regard to Rule 93a of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A5-0228/2004),

               1.

               Notes the replies given by the Court of Justice on 17 December 2003 to the questionnaire sent by the Committee on Budgetary Control on 26 November 2003;

               2.

               Notes that as from next year the Court of Justice, pursuant to Article 86(4) of the Financial Regulation, will forward to the European Parliament a report summarising the number and type of internal audits carried out, the recommendations made and the action taken on those recommendations;

               3.

               Regards as appropriate the Court of Justice's measures based on the European Court of Auditors' Special Report No 5/2000 (4); notes the audit report by the company KPMG (5); also notes the report dated 21 October 2003 on new building projects, maintenance and infrastructures generally, which the Court of Justice has forwarded to the European Parliament;

               4.

               Notes the letter of 18 February 2004 from the Registrar to the chairman of the Committee on Budgetary Control, in which the Registrar announces a series of measures both to counter the increase which has emerged over the last few years in the average length of proceedings and to take account of enlargement; calls on the Registrar to submit a detailed progress report to the European Parliament in time for the discharge procedure for the 2003 budget;

         Non-official use of official cars

               5.

               Notes that the Court of Justice, in addition to the official journeys authorised by it or by its President, defrays the cost of the use of official cars by its Members up to a ceiling of 30 000 km a year (Members of the Court of First Instance: 25 000 km; President of the Court of First Instance: 30 000 km);

               6.

               Notes that the Members of the Court thus enjoy benefits in kind although no corresponding decision has been taken by the EU Council of Ministers, which is responsible for their emoluments;

               7.

               Calls for the Court of Justice to amend its rules by 1 July 2004 to require its Members themselves to bear in full the cost of non-official use of official cars;

         Increases in remuneration as a result of weightings

               8.

               Notes that on the basis of an internal administrative ruling the Members of the Court of Justice have the possibility of benefiting from increases in remuneration by having it transferred in part to other EU Member States, and taking advantage of ‘weightings’ in the process, rather than receiving a transfer to accounts in their country of employment, Luxembourg;

               9.

               Points out that that decision is an internal administrative ruling by the Court of Justice and can under no circumstances be regarded as a ruling in its judicial capacity;

               10.

               Points out furthermore that that decision by the Court of Justice's Administrative Committee was taken on 25 September 2002, but that, on a proposal by the Council, Parliament and the Council subsequently deleted a remark from the Court of Justice's 2003 preliminary draft budget (Item A-1090) which provided for weightings to be applied ‘by analogy’ with the provisions of the Staff Regulations of officials to the Members of the Court of Justice too;

               11.

               Notes that, in doing so, the budgetary authority made it perfectly clear that it expected an end to be put to the practice, which, since 1 January 2003, has not been authorised either by provisions in the relevant regulations on the remuneration of Members of the Institutions or by corresponding remarks in the budget;

               12.

               Points out that the Members of the Commission no longer claim weightings and calls on the Members of the Court of Justice to follow that example;

               13.

               Asks in this connection what progress the Court has been made in establishing a specific legal basis for the application of weightings, as insisted on by Parliament (6);

               14.

               Is pleased that the Court of Justice adheres to the same ‘whistleblower's doctrine’ as the Commission; notes that such a doctrine is only truly effective if staff members are aware of it; encourages the Court of Justice to ensure that this information is freely available to its staff;

               15.

               Invites its Committee on Budgets to place part of the 2005 administrative appropriations for the Court of Justice in reserve if there is no satisfactory response to the concerns raised in this resolution over non-official car use and the system of salary weightings.

      (1)  OJ C 286, 28.11.2003, p. 1.

      (2)  OJ L 356, 31.12.1977, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ C 109, 14.4.2000, p. 1.

      (5)  Letter of 6 June 2003 to the chairman of the Committee on Budgetary Control.

      (6)  Resolution of 8 April 2003, paragraph 6 (OJ L 148, 16.6.2003, p. 46).


title: Council Decision 2005/511/JHA of 12 July 2005 on protecting the euro against counterfeiting, by designating Europol as the Central Office for combating euro counterfeiting

text:
               16.7.2005

               EN

               Official Journal of the European Union

               L 185/35

      COUNCIL DECISION 2005/511/JHA
   of 12 July 2005
   on protecting the euro against counterfeiting, by designating Europol as the Central Office for combating euro counterfeiting
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 30(1)(b) and 34(2)(c) thereof,
   Having regard to the initiative of the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Italian Republic and the United Kingdom of Great Britain and Northern Ireland (1),
   Having regard to the opinion of the European Parliament (2),
   Whereas:

               (1)

               As the legal currency of 12 Member States, the euro has increasingly become a global currency and has therefore become a high-priority target of international counterfeiting organisations in the European Union and third countries.

               (2)

               A further increase in the number of counterfeit euro, which would jeopardise the free circulation of euro banknotes and coins, is to be prevented.

               (3)

               Cooperation among the Member States themselves and between the Member States and Europol needs to be stepped up in order to strengthen the system for the protection of the euro outside the European Union territory.

               (4)

               The International Convention for the Suppression of Counterfeiting Currency agreed on 20 April 1929 in Geneva (hereinafter referred to as the Geneva Convention), should be applied more effectively under the conditions of European integration.

               (5)

               Third countries need a central contact for information on counterfeit euro and all information on counterfeit euro should be brought together at Europol for purposes of analysis.

               (6)

               In view of Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (3), the Council considers it appropriate for all Member States to become contracting parties to the Geneva Convention and to set up central offices within the meaning of Article 12 of that Convention.

               (7)

               The Council considers it appropriate to designate Europol as the central office for combating euro counterfeiting within the meaning of Article 12 of the Geneva Convention,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   For the Member States which are Contracting Parties to the Geneva Convention, Europol shall, in accordance with the Declaration in the Annex (hereinafter referred to as the Declaration), act as the central office for combating euro counterfeiting within the meaning of the first sentence of Article 12 of the Geneva Convention. For counterfeiting of all other currencies and for central office functions not delegated to Europol pursuant to the Declaration, the existing competencies of the national central offices shall remain in effect.
   2.   The governments of the Member States which are Contracting Parties to the Geneva Convention shall issue the Declaration and commission the representative of the Federal Republic of Germany to forward the Declarations to the Secretary-General of the United Nations.
   Article 2
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 12 July 2005.

            For the Council

            The President

         G. BROWN

      (1)  OJ C 317, 22.12.2004, p. 10.

      (2)  Opinion delivered on 12 April 2005 (not yet published in the Official Journal).

      (3)  OJ L 140, 14.6.2000, p. 1. Framework Decision as amended by Framework Decision 2001/888/JHA (OJ L 329, 14.12.2001, p. 3).

      ANNEX
      Declaration of … to designate Europol as the central office for combating euro counterfeiting
      …, a Member State of the European Union, has given the European Police Office (hereinafter referred to as Europol) a mandate to combat euro counterfeiting.
      In order for the Geneva Convention of 1929 to function more effectively,… shall in future fulfil its obligations as follows:

                  1.

                  With regard to euro counterfeiting, Europol shall perform — in the framework of its objective according to the Council Act of 26 July 1995 on the establishment of a European Police Office (Europol Convention) (1) — the following central office functions within the meaning of Articles 12 to 15 of the Geneva Convention of 1929.

                  1.1.

                  Europol shall centralise and process, in accordance with the Europol Convention, all information of a nature to facilitate the investigation, prevention and combating of euro counterfeiting and shall forward this information without delay to the national central offices of the Member States.

                  1.2.

                  In accordance with the Europol Convention, in particular in accordance with Article 18 thereof and the Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies (2), Europol shall correspond directly with the central offices of third countries to fulfil the tasks set down in points 1.3, 1.4 and 1.5 of this Declaration.

                  1.3.

                  Europol shall, insofar as it considers it expedient, forward to the central offices of third countries a set of specimens of actual euro.

                  1.4.

                  Europol shall regularly notify the central offices of third countries, giving all necessary particulars, of new currency issued and the withdrawal of currency from circulation.

                  1.5.

                  Except in cases of purely local interest, Europol shall, insofar as it considers it expedient, notify the central offices of third countries of:

                              —

                              any discovery of counterfeit or falsified Euro currency. Notification of the counterfeit or falsification shall be accompanied by a technical description of the counterfeit, to be provided solely by the institution whose notes have been counterfeited. A photographic reproduction or, if possible, a specimen counterfeited note should be transmitted. In urgent cases, a notification and a brief description made by the police authorities may be discreetly communicated to the central offices interested, without prejudice to the notification and technical description mentioned above;

                              —

                              details of discoveries of counterfeiting, stating whether it has been possible to seize all the counterfeit currency put into circulation.

                  1.6.

                  As central office for the Member States, Europol shall participate in conferences dealing with euro counterfeiting within the meaning of Article 15 of the Geneva Convention.

                  1.7.

                  Where Europol is unable to carry out the tasks specified in points 1.1. to 1.6. in accordance with the Europol Convention, the national central offices of the Member States shall retain competence.

                  2.

                  With regard to the counterfeiting of all other currencies and for central office functions not delegated to Europol in accordance with point 1, the existing competencies of the national central offices shall remain in effect.

            Name of Representative…, this… day of…

         (1)  OJ C 316, 27.11.1995, p. 1.

         (2)  OJ C 88, 30.3.1999 p. 1. Council Act as amended by Council Act of 28 February 2002 (OJ C 76, 27.3.2002, p. 1).


title: 2012/523/EU: Council Decision of 24 September 2012 amending and extending the period of application of Decision 2007/641/EC on the conclusion of consultations with the Republic of the Fiji Islands under Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument

text:
               28.9.2012

               EN

               Official Journal of the European Union

               L 263/2

         COUNCIL DECISION
   of 24 September 2012
   amending and extending the period of application of Decision 2007/641/EC on the conclusion of consultations with the Republic of the Fiji Islands under Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument
   (2012/523/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 thereof,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), as last amended in Ouagadougou on 22 June 2010 (2) (‘the ACP-EU Partnership Agreement’), and in particular Article 96 thereof,
   Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3), and in particular Article 3 thereof,
   Having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (4) (‘the Development Cooperation Instrument’), and in particular Article 37 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Council Decision 2007/641/EC (5) was adopted to take appropriate measures following the violation of the essential elements referred to in Article 9 of the ACP-EU Partnership Agreement and of the values referred to in Article 3 of the Development Cooperation Instrument.

               (2)

               Those measures have been extended by Council Decisions 2009/735/EC (6), 2010/208/EU (7), 2010/589/EU (8), 2011/219/EU (9) and 2011/637/EU (10), since not only has the Republic of Fiji yet to implement important commitments it made in consultations held in April 2007 concerning essential elements of the ACP-EU Partnership Agreement and the Development Cooperation Instrument, but important regressive developments concerning a number of these commitments have occurred.

               (3)

               However, since early 2012 some positive developments towards the restoration of democracy in Fiji have taken place and should be acknowledged. A prospective reengagement towards the programming of future development assistance should therefore be considered.

               (4)

               Decision 2007/641/EC expires on 30 September 2012. It is appropriate to extend its validity, and to update the content of the appropriate measures accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2007/641/EC is hereby amended as follows:

               (1)

               in Article 3, the second paragraph is replaced by the following:
               ‘It shall expire on 30 September 2013. It shall be reviewed regularly at least once every six months.’;

               (2)

               the Annex is replaced by the Annex to this Decision.

         Article 2
   The letter in the Annex to this Decision shall be addressed to the Republic of Fiji.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 24 September 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 287, 4.11.2010, p. 3.

      (3)  OJ L 317, 15.12.2000, p. 376.

      (4)  OJ L 378, 27.12.2006, p. 41.

      (5)  OJ L 260, 5.10.2007, p. 15.

      (6)  OJ L 262, 6.10.2009, p. 43.

      (7)  OJ L 89, 9.4.2010, p. 7.

      (8)  OJ L 260, 2.10.2010, p. 10.

      (9)  OJ L 93, 7.4.2011, p. 2.

      (10)  OJ L 252, 28.9.2011, p. 1.

      ANNEX
      H.E. Ratu Epeli NAILATIKAU
      President of the Republic of Fiji
      Suva
      Republic of Fiji
      Excellency,
      The European Union (EU) attaches great importance to the provisions of Article 9 of the ACP-EU Partnership Agreement and Article 3 of the Development Cooperation Instrument. The ACP-EU partnership is founded on respect for human rights, democratic principles and the rule of law, which form the essential elements of the ACP-EU Partnership Agreement, and form the basis of our relations.
      On 11 December 2006 the Council of the EU condemned the military takeover in the Republic of Fiji.
      Under Article 96 of the ACP-EU Partnership Agreement, and considering that the military takeover on 5 December 2006 constituted a violation of the essential elements listed in Article 9 thereof, the EU invited Fiji to consultations, as provided for in the ACP-EU Partnership Agreement, in order to thoroughly examine the situation and, where necessary, take steps to remedy it.
      The formal part of those consultations began in Brussels on 18 April 2007. The EU was pleased that at the time the Interim Government confirmed a number of key commitments regarding human rights and fundamental freedoms, respect for democratic principles and the rule of law, as noted below, and proposed positive steps regarding their implementation.
      Regrettably, there have since been a series of regressive developments, in particular in April 2009, meaning that Fiji is now in breach of a range of its commitments. This concerns notably the abrogation of the Constitution, the very substantial delay in holding the parliamentary elections, and human rights violations. Although implementation of the commitments has been substantially delayed, the majority of those commitments remain highly relevant to Fiji’s present situation, and are therefore attached to this letter. As Fiji has unilaterally decided to break a number of key commitments, this has led to losses for Fiji in terms of development funds.
      Although restrictions on certain human rights and fundamental freedoms remain, some positive steps have taken place since early 2012, namely the lifting of the Public Emergency Regulations on 7 January 2012, the announcement on 9 March 2012 of a political process that would lead to a new constitution by March 2013 and the re-establishment of a constitutional democracy through new parliamentary elections due to be held by September 2014.
      In recognition of those developments and in the spirit of partnership forming the cornerstone of the ACP-EU Partnership Agreement, the EU expresses its readiness to engage in a new formal dialogue regarding those developments. Such a formal dialogue could be envisaged on the occasion of a review mission in the framework of Article 96 of the ACP-EU Partnership Agreement, after the successful conclusion of an inclusive, credible and transparent constitutional consultation process, expected in March 2013.
      Accordingly, the EU has decided to extend the existing appropriate measures for Fiji and amend them as a first response to the steps taken by Fiji, allowing in particular the launch of programming discussions for the 11th European Development Fund (EDF), and notification in due course of an indicative allocation for Fiji. The finalisation, signing and implementation of the 11th EDF programming documents will then be envisaged with the future democratically elected government. Consequently, it is of particular importance that the Interim Government commits to an inclusive, credible and transparent constitutional consultation process and domestic political dialogue, and respects in particular its commitments with regard to human rights and the rule of law and lifts remaining restrictions. While the EU’s position is guided by the essential elements of the ACP-EU Partnership Agreement as well as its fundamental principles, notably regarding the pivotal role of dialogue and the fulfilment of mutual obligations, it is stressed that there are no foregone conclusions on the EU’s side regarding the outcome of this dialogue.
      If the envisaged review and formal dialogue have a positive outcome, the EU is committed to a further positive review of these appropriate measures. Conversely, if the situation in Fiji does not improve, then further losses of EU development funds for Fiji are set to continue. In particular, the assessment of further progress made towards a return to constitutional rule will guide the EU in the upcoming decisions on Fiji’s national indicative programme under the 11th EDF.
      Until the formal dialogue has taken place, the EU invites Fiji to continue and intensify the enhanced political dialogue.
      The appropriate measures are as follows:

                  —

                  humanitarian aid and direct support to civil society and vulnerable populations may continue,

                  —

                  the cooperation activities under way, in particular under the 8th and 9th EDFs, were allowed to continue,

                  —

                  cooperation activities that would help the return to democracy and improve governance may be pursued, save under very exceptional circumstances,

                  —

                  implementation of the sugar reform accompanying measures for 2006 was allowed to proceed. The financing agreement was signed at the technical level by Fiji on 19 June 2007. It is noted that the financing agreement includes a suspension clause,

                  —

                  the 2007 sugar allocation is zero,

                  —

                  availability of the 2008 sugar allocation was subject to evidence of credible and timely preparation of elections in accordance with the agreed commitments, notably regarding a census, the redrafting of boundaries and electoral reform in accordance with the Constitution, and measures taken to ensure the functioning of the Elections Office, including the appointment of a Supervisor of Elections by 30 September 2007 in accordance with the Constitution. This 2008 sugar allocation was lost on 31 December 2009,

                  —

                  the 2009 sugar allocation was cancelled in May 2009 because the Interim Government decided to delay general elections until September 2014,

                  —

                  the 2010 allocation was cancelled before 1 May 2010 as no progress was made in the continuation of the democratic process; however, given the critical situation of the sugar sector, part of the allocation was set aside for direct assistance to the population directly dependent on sugar production in order to mitigate adverse social consequences. These funds are centrally managed by the EU’s Delegation in Suva and not channelled through the government,

                  —

                  the preparation and eventual signing of the multiannual indicative programme for sugar reform accompanying measures for 2011-2013 can proceed,

                  —

                  the availability of the indicative allocation under the multiannual indicative programme for accompanying measures for former Sugar Protocol countries 2011-2013 will be conditional on an agreement in the consultation process; in the absence of such an agreement only social mitigation interventions will be considered for funding through this allocation,

                  —

                  the preparation of programming for the 11th EDF may be launched, so that Fiji could expect to be notified of an indicative allocation in due course,

                  —

                  specific support for the preparation and implementation of key commitments, in particular in support of the preparation and/or holding of elections, could be considered,

                  —

                  regional cooperation, and Fiji’s participation in it, is unaffected.

            Monitoring of the commitments will be in accordance with the terms in the Annex to this letter concerning regular dialogue, and effective cooperation with assessment and monitoring missions and reporting.
      Furthermore, the EU expects Fiji to cooperate fully with the Pacific Islands Forum regarding the implementation of the recommendations by the Eminent Persons’ Group, as endorsed by the Forum Foreign Ministers at their meeting in Vanuatu on 16 March 2007. The EU welcomes recent progress concerning the engagement with the Pacific Islands Forum Ministerial Contact Group set up to monitor the progress of Fiji’s preparations for the elections and its return to democracy.
      The EU will continue to closely follow the situation in Fiji. Under Article 8 of the ACP-EU Partnership Agreement, an enhanced political dialogue will be conducted with Fiji to ensure respect for human rights, restoration of democracy and respect for the rule of law until both parties conclude that the enhanced nature of the dialogue has served its purpose.
      If there is a slowing down, breakdown or reversal in the implementation by the Interim Government of the commitments made, the EU reserves the right to readjust the appropriate measures.
      The EU stresses that Fiji’s privileges in its cooperation with the EU depend on respect for the essential elements of the ACP-EU Partnership Agreement and the principles set in the Development Cooperation Instrument. In order to convince the EU that the Interim Government is fully prepared to follow up on the commitments given, it is essential that early and substantial progress be made in the fulfilment of the agreed commitments.
      Yours sincerely,
      Done at Brussels,

            For the Council

            President

            For the Commission

            Commissioner

         ANNEX TO THE ANNEX

            COMMITMENTS AGREED WITH THE REPUBLIC OF FIJI

         A.   Respect for democratic principles

         Commitment No 1
         That free and fair parliamentary elections take place within 24 months from 1 March 2007, subject to the findings of an assessment to be carried out by the independent auditors appointed by the Pacific Islands Forum Secretariat. The processes leading to the holding of the elections will be jointly monitored, adapted and revised as necessary on the basis of mutually agreed benchmarks. This implies in particular that:

                     —

                     by 30 June 2007 the Interim Government will adopt a schedule setting out dates for the completion of the various steps to be taken in preparation for the new parliamentary elections,

                     —

                     the schedule specifies the timing of a census, the redrafting of boundaries and electoral reform,

                     —

                     the determination of boundaries and electoral reform will be carried out in accordance with the Constitution,

                     —

                     measures will be taken to ensure the functioning of the Elections Office, including the appointment of a Supervisor of Elections by 30 September 2007 in accordance with the Constitution,

                     —

                     the appointment of the Vice-President will be in accordance with the Constitution.

               Commitment No 2
         That the Interim Government, when adopting major legislative, fiscal and other policy initiatives and changes, will take into account consultations with civil society and other relevant stakeholders.
         B.   Rule of law

         Commitment No 1
         That the Interim Government will use its best endeavours to prevent statements by security agencies designed to intimidate.
         Commitment No 2
         That the Interim Government upholds the 1997 Constitution and guarantees the normal and independent functioning of constitutional institutions, such as the Fiji Human Rights Commission, the Public Service Commission, and the Constitutional Offices Commission. The substantial independence and functioning of the Great Council of Chiefs will be preserved.
         Commitment No 3
         That the independence of the judiciary is fully respected, that it is allowed to work freely and that its rulings are respected by all concerned parties, in particular:

                     —

                     that the Interim Government undertakes to appoint the tribunal pursuant to Section 138(3) of the Constitution by 15 July 2007,

                     —

                     that any appointment and/or dismissal of judges is henceforth carried out in strict conformity with constitutional provisions and procedural rules,

                     —

                     that there will be no instances whatsoever of interference, of whatever form, by the military and the police or by the Interim Government with the judicial process, including full respect for the legal profession.

               Commitment No 4
         That all criminal proceedings in connection with corruption are dealt with through the appropriate judicial channels and that any other bodies that may be set up to investigate alleged cases of corruption will operate within constitutional boundaries.
         C.   Human rights and fundamental freedoms

         Commitment No 1
         The Interim Government will take all necessary steps to facilitate that all allegations of human rights infringements are investigated or dealt with in accordance with the various procedures and forums under the laws of Fiji.
         Commitment No 2
         The Interim Government will lift the Public Emergency Regulations in May 2007, subject to any threats to national security, public order and safety.
         Commitment No 3
         The Interim Government is committed to ensuring that the Fiji Human Rights Commission functions with full independence and in accordance with the Constitution.
         Commitment No 4
         That freedom of expression and freedom of the media, in all forms, are fully respected as provided in the Constitution.
         D.   Follow-up of commitments

         Commitment No 1
         That the Interim Government undertakes to maintain a regular dialogue to allow verification of the progress made and gives EU and European Commission authorities/representatives full access to information on all matters relating to human rights, the peaceful restoration of democracy and the rule of law in Fiji.
         Commitment No 2
         That the Interim Government cooperates fully with any missions from the EU to assess and monitor progress.
         Commitment No 3
         That the Interim Government sends progress reports every three months starting 30 June 2007 regarding the essential elements of the Cotonou Agreement and the commitments.
         It is noted that certain issues can only be effectively addressed through a pragmatic approach that acknowledges the realities of the present and which focuses on the future.