C 287 E/254          EN                         Official Journal of the European Union                                         24.11.2006
Thursday, 19 January 2006
                                                         TEXTS ADOPTED
             P6_TA(2006)0021
             Standards of conduct of Members (Amendment of the Rules of Procedure)
             European Parliament decision on the amendments to be made to the European Parliament's Rules
             of Procedure relating to standards for the conduct of Members of the European Parliament
                                                            (2005/2075(REG))
             The European Parliament,
             — having regard to the letter of 18 March 2005 from its President,
             — having regard to the amendments to its Rules of Procedure drawn up by the Bureau on 7 March 2005,
             — having regard to Rule 202 of its Rules of Procedure,
             — having regard to the report of the Committee on Constitutional Affairs (A6-0413/2005),
             A. whereas it must be possible for the business of the House to be conducted in a dignified atmosphere,
                 although the vibrancy of plenary debates must also be maintained,
              B. whereas the provisions currently included in its Rules of Procedure do not allow for an appropriate
                 response in the event of disruption of its business or of other activities taking place within its precincts,
              C. whereas, as is the case in all parliamentary assemblies, provision must be made for the possibility of
                 penalties being imposed on any Member or Members not complying with the standards of conduct, for
                 the definition of the major principles of which, as well as for the devising of an internal appeals proce-
                 dure that guarantees the right of defence of Members on whom penalties have been imposed, it bears
                 responsibility,
             1.   Decides to amend its Rules of Procedure as set out below;
             2. Decides that these amendments shall enter into force on the first day of the next part-session, pursuant
             to Rule 202(3) of its Rules of Procedure;
             3. Instructs its President to forward this decision to the Council, to the Commission and to the parlia-
             ments of the Member States, for information.
                         PRESENT TEXT                                                              AMENDMENTS
                                                              Amendment 1
                                              Rule 9, title and paragraph 1, subparagraph 1
Code of conduct                                                           Members' financial interests, standards of conduct and
                                                                          access to Parliament
1.   Parliament may lay down a code of conduct for its                    1.    Parliament may lay down rules governing the transpar-
Members. The code shall be adopted pursuant to Rule                       ency of its Members' financial interests, which shall be
202(2) and attached to these Rules of Procedure as an annex.              attached to these Rules of Procedure as an annex.
 ---pagebreak--- 24.11.2006           EN                        Official Journal of the European Union                                      C 287 E/255
                                                                                Thursday, 19 January 2006
                          PRESENT TEXT                                                            AMENDMENTS
                                                              Amendment 2
                                                      Rule 9, paragraph 1 a (new)
                                                                          1a. Members' conduct shall be characterised by mutual
                                                                          respect, be based on the values and principles laid down in
                                                                          the basic texts on which the European Union is founded,
                                                                          respect the dignity of Parliament and not compromise the
                                                                          smooth conduct of parliamentary business or disturb the
                                                                          peace and quiet of any of Parliament's premises.
                                                                          Failure to comply with these principles may lead to applica-
                                                                          tion of the measures provided for in Rules 146, 147 and
                                                                          148.
                                                              Amendment 3
                                                      Rule 9, paragraph 1 b (new)
                                                                          1b. The application of this Rule shall in no way detract
                                                                          from the liveliness of parliamentary debates nor undermine
                                                                          Members' freedom of speech.
                                                                          It shall be based on full respect for Members' prerogatives,
                                                                          as laid down in primary law and the Statute applicable to
                                                                          them.
                                                                          It shall be based on the principle of transparency and be so
                                                                          undertaken that the relevant provisions are made clear to
                                                                          Members, who shall be informed individually of their rights
                                                                          and obligations.
                                                              Amendment 4
                                                 Interpretation of Rule 22, paragraph 3
                                                                          The term 'conduct of sittings' includes the matter of the
                                                                          conduct of Members within all of Parliament's premises.
                                                              Amendment 5
                                                          Rule 96, paragraph 3
3.    Committees shall normally meet in public. They may                  3.     Committees shall normally meet in public. They may
decide, however, at the latest when the agenda of a meeting is            decide, however, at the latest when the agenda of a meeting is
adopted, to divide the agenda for that meeting into items                 adopted, to divide the agenda for that meeting into items
open to the public and items closed to the public. However, if            open to the public and items closed to the public. However, if
a meeting is held in camera, the committee may, subject to                a meeting is held in camera, the committee may, subject to
Article 4(1) to (4) of European Parliament and Council Regu-              Article 4(1) to (4) of European Parliament and Council Regu-
lation (EC) No 1049/2001, open documents and minutes                      lation (EC) No 1049/2001, open documents and minutes
from the meeting to public access.                                        from the meeting to public access. Rule 147 shall apply in
                                                                          the event of any breach of the rules governing confidenti-
                                                                          ality.
 ---pagebreak--- C 287 E/256          EN                           Official Journal of the European Union                                        24.11.2006
Thursday, 19 January 2006
                          PRESENT TEXT                                                                 AMENDMENTS
                                                                Amendment 6
                                                    Title VI, Chapter 3 a (new), title (new)
                                                                            CHAPTER 3a
                                                                            MEASURES TO BE TAKEN IN THE EVENT OF NON-
                                                                            COMPLIANCE WITH THE STANDARDS OF CONDUCT
                                                                            OF MEMBERS
                                                                            (to be inserted before Rule 146)
                                                                Amendment 7
                                                       Rule 146, title and paragraph 1
Order in the Chamber                                                        Immediate measures
1.    The President shall call to order any Member who                      1.     The President shall call to order any Member who
creates a disturbance during the proceedings.                               disrupts the smooth conduct of the proceedings or whose
                                                                            conduct fails to comply with the relevant provisions of
                                                                            Rule 9.
                                                                Amendment 8
                                                            Rule 146, paragraph 3
3.    If a further offence is committed, the President may                  3.     Should the disturbance continue, or if a further offence
exclude the offender from the Chamber for the remainder of                  is committed, the President may deny the offender the right
the sitting. The Secretary-General shall see to it that this disci-         to speak and exclude him from the Chamber for the
plinary measure is carried out immediately, with the assis-                 remainder of the sitting. He may also resort to the latter
tance of the ushers and, if necessary, of Parliament's Security             measure immediately and without a second call to order in
Service.                                                                    cases of exceptional seriousness. The Secretary-General shall,
                                                                            without delay, see to it that such disciplinary measures are
                                                                            carried out, with the assistance of the ushers and, if necessary,
                                                                            of Parliament's Security Service.
                                                                Amendment 9
                                                        Rule 146, paragraph 3 a (new)
                                                                            3a. Should disturbances threaten to obstruct the business
                                                                            of the House, the President shall close or suspend the sitting
                                                                            for a specific period to restore order. If he cannot make
                                                                            himself heard, he shall leave the Chair; this shall have the
                                                                            effect of suspending the sitting. The President shall recon-
                                                                            vene the sitting.
                                                               Amendment 10
                                                        Rule 146, paragraph 3 b (new)
                                                                            3b. The powers provided for in paragraphs 1 to 3a shall
                                                                            be vested, mutatis mutandis, in the presiding officers of
                                                                            bodies, committees and delegations as provided for in the
                                                                            Rules of Procedure.
 ---pagebreak--- 24.11.2006           EN                         Official Journal of the European Union                                      C 287 E/257
                                                                                Thursday, 19 January 2006
                          PRESENT TEXT                                                            AMENDMENTS
                                                            Amendment 11
                                                     Rule 146, paragraph 3 c (new)
                                                                         3c. Where appropriate, and bearing in mind the serious-
                                                                         ness of the breach of the Members' standards of conduct, the
                                                                         Member in the Chair may, no later than the following part-
                                                                         session or the following meeting of the body, committee or
                                                                         delegation concerned, ask the President to apply Rule 147 .
                                                            Amendment 12
                                                                Rule 147
Exclusion of Members                                                     Penalties
1.    In serious cases of disorder or disruption of Parliament,          1.     In exceptionally serious cases of disorder or disruption
the President may after giving formal notice, move, either               of Parliament in violation of the principles laid down in Rule
immediately or no later than the next part-session, that                 9, the President, after hearing the Member concerned, shall
Parliament pass a vote of censure which shall automatically              adopt a reasoned decision laying down the appropriate
involve immediate exclusion from the Chamber and suspen-                 penalty, which he shall notify to the Member concerned and
sion for two to five days.                                               to the presiding officers of the bodies, committees and dele-
                                                                         gations on which the Member serves, before announcing
                                                                         them to plenary.
2.    Parliament shall decide whether to take such disci-                2.     When assessing the conduct observed account shall be
plinary action at a time to be decided by the President,                 taken of its exceptional, recurrent or permanent nature and
which shall be either at the sitting during which the events             of its seriousness, on the basis of the guidelines annexed to
in question occurred or, in the case of disruption outside the           these Rules of Procedure. (*)
Chamber, when the President was informed, or at the latest
at the next part-session. The Member concerned shall be
entitled to be heard by Parliament before the vote. His
speaking time shall not exceed five minutes.
3.    An electronic vote shall be taken without debate on the            3.     The penalty may consist of one or more of the
request for disciplinary action. Requests submitted pursuant             following measures:
to Rule 149(3) or 160(1) shall not be admissible.                        (a) a reprimand;
                                                                         (b) forfeiture of entitlement to the daily subsistence allow-
                                                                              ance for a period of between 2 and 10 days;
                                                                          (c) without prejudice to the right to vote in plenary, and
                                                                              subject, in this instance, to strict compliance with the
                                                                              Members' standards of conducts, temporary suspension,
                                                                              for a period of between 2 and 10 consecutive days on
                                                                              which Parliament or any of its bodies, committees or
                                                                              delegations meet, from participation in all or some of
                                                                              the activities of Parliament;
                                                                         (d) submission to the Conference of Presidents, pursuant to
                                                                              Rule 18, of a proposal for the Member's suspension or
                                                                              removal from one or more of the elected offices held by
                                                                              the Member in Parliament.
                                                                         (*) See Annex XVIa.
 ---pagebreak--- C 287 E/258           EN                          Official Journal of the European Union                                     24.11.2006
Thursday, 19 January 2006
                          PRESENT TEXT                                                             AMENDMENTS
                                                              Amendment 13
                                                                  Rule 148
Disturbances                                                               Internal appeal procedures
Should disturbances in Parliament threaten to obstruct the                 The Member concerned may lodge an internal appeal with
business of the House, the President shall close or suspend                the Bureau within two weeks of notification of the penalty
the sitting for a specific period to restore order. If he cannot           imposed by the President. Such an appeal shall have the
make himself heard, he shall leave the Chair. This shall have              effect of suspending the application of that penalty. The
the effect of suspending the sitting. The President shall                  Bureau may, not later than four weeks after the lodging of
reconvene the sitting.                                                     the appeal, annul, confirm or reduce the penalty imposed,
                                                                           without prejudice to the external rights of appeal open to
                                                                           the Member concerned. Should the Bureau fail to take a
                                                                           decision within the time-limit laid down, the penalty shall be
                                                                           declared null and void.
                                                              Amendment 14
                                                             Annex XVI a (new)
                                                                           ANNEX XVIa
                                                                           Guidelines for the interpretation of the standards of conduct
                                                                           of Members
                                                                           1. A distinction should be drawn between visual actions,
                                                                              which may be tolerated, provided they are not offensive
                                                                              and/or defamatory, remain within reasonable bounds and
                                                                              do not lead to conflict, and those which actively disrupt
                                                                              any parliamentary activity whatsoever.
                                                                           2. Members shall be held responsible for any failure by
                                                                              persons whom they employ or for whom they arrange
                                                                              access to Parliament to comply on Parliament's premises
                                                                              with the standards of conduct applicable to Members.
                                                                           The President or his representatives may exercise disci-
                                                                           plinary powers over such persons and any other outside
                                                                           person present on Parliament's premises.
              P6_TA(2006)0022
              Implementation of the European Charter for Small Enterprises
              European Parliament resolution on implementing the European Charter for Small Enterprises
                                                             (2005/2123(INI))
              The European Parliament,
              — having regard to its resolution of 9 March 2005 on the mid-term review of the Lisbon Strategy (1),
              — having regard to the Presidency Conclusions of the Lisbon European Council in March 2000;
              (1) OJ C 320 E, 15.12.2005, p. 164.


title: Council Decision (EU) 2016/1170 of 12 July 2016 on the position to be adopted, on behalf of the European Union, within the Joint Committee established by the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, on the other part, in relation to the adoption of the rules of procedure of the Joint Committee, and the setting up of specialised working groups

text:
               19.7.2016

               EN

               Official Journal of the European Union

               L 193/29

         COUNCIL DECISION (EU) 2016/1170
   of 12 July 2016
   on the position to be adopted, on behalf of the European Union, within the Joint Committee established by the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, on the other part, in relation to the adoption of the rules of procedure of the Joint Committee, and the setting up of specialised working groups
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 207 and 209 in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part (1) (the ‘Agreement’) entered into force on 1 May 2014.

               (2)

               In accordance with Article 41 of the Agreement, a Joint Committee was established in order to ensure, inter alia, the proper functioning and implementation of the Agreement (the ‘Joint Committee’).

               (3)

               In order to contribute to the effective implementation of the Agreement, the rules of procedure of the Joint Committee should be adopted.

               (4)

               Pursuant to Article 41 of the Agreement, the Joint Committee may set up specialised working groups in order to assist it in the performance of its tasks.

               (5)

               Therefore, the position of the Union within the Joint Committee as regards the adoption of the rules of procedure of the Joint Committee and the setting up of specialised working groups should be based on the attached draft Decisions of the Joint Committee,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The position to be adopted on behalf of the Union within the Joint Committee set up under Article 41 of the Agreement in relation to:

               (a)

               the adoption of the rules of procedure of the Joint Committee; and

               (b)

               the setting up of specialised working groups,

         shall be based on the draft Decisions of the Joint Committee attached to this Decision.
   2.   Minor changes to the draft Decisions may be agreed by the representatives of the Union in the Joint Committee without referring back to the Council.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 12 July 2016.

            For the Council

            The President

         P. KAŽIMÍR

      (1)  Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part (OJ L 125, 26.4.2014, p. 17).

      DRAFT
      DECISION No 1/2016 OF THE EU-INDONESIA JOINT COMMITTEE
      of …
      adopting its Rules of Procedure
      THE EU-INDONESIA JOINT COMMITTEE,
      Having regard to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part (1) (the ‘Agreement’), and in particular Article 41 thereof,
      Whereas:

                  (1)

                  The Agreement entered into force on 1 May 2014.

                  (2)

                  In order to contribute to the effective implementation of the Agreement, the Joint Committee should be established as soon as possible.

                  (3)

                  Pursuant to Article 41(5) of the Agreement, the Joint Committee should adopt its own rules of procedure for the application of the Agreement,

            HAS ADOPTED THIS DECISION:
      Sole article
      The rules of procedure of the Joint Committee, as set out in the Annex, are hereby adopted.

         Done at …,

               For the EU-Indonesia Joint Committee

               The Chair

         (1)  OJ L 125, 26.4.2014, p. 17.

         ANNEX
         Rules of Procedure of the Joint Committee
         Article 1
         Composition and Chair
         1.   The Joint Committee, established in accordance with Article 41 of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part (the ‘Agreement’) shall perform its tasks as provided for in Article 41 of the Agreement.
         2.   The Joint Committee shall be composed of representatives of both sides at the highest possible level.
         3.   The Joint Committee shall be chaired alternately by the Minister of Foreign Affairs of the Republic of Indonesia and the High Representative of the Union for Foreign Affairs and Security Policy. They may delegate their authority to preside over all or part of the Joint Committee meetings to a senior official.
         Article 2
         Representation
         1.   The Parties shall notify each other of the list of their representatives in the Joint Committee (the ‘Members’). The list shall be administered by the Secretariat of the Joint Committee.
         2.   A Member wishing to be represented by an alternate representative shall notify the Chair in writing of the name of his or her alternate representative before that meeting takes place. The alternate representative of a Member shall exercise all the rights of that Member.
         Article 3
         Delegations
         1.   The Members of the Joint Committee may be accompanied by other officials. Before each meeting, the Parties shall be informed, through the Secretariat, of the intended composition of the delegations attending the meeting.
         2.   When appropriate and by mutual agreement of the Parties, experts or representatives of other bodies may be invited to attend the meetings of the Joint Committee as observers or in order to provide information on a particular subject.
         Article 4
         Meetings
         1.   The Joint Committee shall normally meet not less than every two years, or as otherwise agreed by both Parties. The meetings of the Joint Committee shall be convened by the Chair and shall be held in Indonesia and Brussels alternately, on a date fixed by mutual agreement. Extraordinary meetings of Joint Committee may also be convened by agreement between the Parties.
         2.   By way of exception and if both Parties agree, the meetings of the Joint Committee may also be held through technical means, for example by video- or teleconferencing.
         3.   The Joint Committee shall meet at the highest possible level, as agreed by the Parties. The two Parties shall endeavour to ensure ministerial level participation whenever feasible.
         4.   Meetings of the Joint Committee chaired at ministerial level shall be prepared by a prior meeting at senior official level.
         Article 5
         Publicity
         1.   Unless otherwise decided by the Parties, the meetings of the Joint Committee shall not be public. When a Party submits information designated as confidential to the Joint Committee, the other Party shall treat that information as such.
         2.   The Joint Committee may issue statements to the public as it deems appropriate.
         Article 6
         Secretariat
         A representative of the European External Action Service and a representative of the Government of the Republic of Indonesia shall act jointly as Secretaries of the Joint Committee. All communications to and from the Chair of the Joint Committee shall be forwarded to the Secretaries. Correspondence to and from the Chair of the Joint Committee may be by any written means, including electronic mail.
         Article 7
         Agendas for meetings
         1.   The Chair shall draw up a provisional agenda for each meeting. It shall be forwarded, together with the relevant documents, to the other Party, normally not later than 15 days before the beginning of the meeting.
         2.   The Chair may propose that experts attend the meetings of the Joint Committee in order to provide information on any particular agenda item.
         3.   The agenda shall be adopted by the Joint Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the two Parties so agree.
         4.   In special circumstances and in agreement with the two Parties, the Chair may shorten the time limits referred to in paragraph 1 in order to take account of the requirements of a particular case.
         Article 8
         Agreed minutes
         1.   The outcome of the meeting of the Joint Committee shall be in the form of agreed minutes.
         2.   A draft of the agreed minutes of each meeting shall be drawn up jointly by the two Secretaries upon submission by the host, normally within 30 calendar days from the date of the meeting. The draft of the agreed minutes shall be based on a summing-up by the Chair of the conclusions arrived at by the Joint Committee.
         3.   The agreed minutes shall be approved by both Parties within 45 calendar days of the date of the meeting or by any other date agreed by the Parties. Once there is an agreement on the minutes, two original copies shall be signed by the Parties. Each Party shall receive one original copy.
         Article 9
         Decisions and Recommendations
         1.   For the purpose of implementing the tasks of the Joint Committee as provided for in Article 41 of the Agreement, the Joint Committee may agree to adopt a Decision and/or Recommendation. Such Decision and/or Recommendation shall have a serial number, the date of their adoption and a description of the subject matter.
         2.   Where circumstances so require, the Joint Committee may adopt its Decisions or Recommendations by written procedure.
         3.   Notwithstanding Article 5, each Party may decide on the publication of the Decisions and Recommendations of the Joint Committee in its respective official publication.
         Article 10
         Correspondence
         1.   Correspondence addressed to the Joint Committee shall be directed to the Secretary of either Party, who will in turn inform the other Secretary.
         2.   The Secretariat shall ensure that correspondence addressed to the Joint Committee is forwarded to the Chair and circulated, where appropriate, as documents referred to in Article 11.
         3.   Correspondence from the Chair shall be sent to the Parties by the Secretariat and circulated, where appropriate, as documents referred to in Article 11.
         Article 11
         Documents
         1.   Where the deliberations of the Joint Committee are based on written supporting documents, such documents shall be numbered and circulated by the Secretariat to the Members.
         2.   Each Secretary shall be responsible for circulating the documents to the appropriate Members of his or her side in the Joint Committee and systematically copying the other Secretary.
         Article 12
         Expenses
         1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Joint Committee, both with regard to staff, travel and subsistence expenditure, and to postal and telecommunications expenditure.
         2.   Expenditure in connection with the organisation of meetings and the reproduction of documents shall be borne by the Party hosting the meeting.
         Article 13
         Amendment of the Rules of Procedure
         Either Party may request in writing any revision of the Rules of Procedure, which may be amended by common agreement of the Parties, in accordance with Article 9.
         Article 14
         Specialised working groups and other mechanisms
         1.   The Joint Committee may set up specialised working groups or other mechanisms in order to assist it in the performance of its tasks. The specialised working groups and other mechanisms shall report to the Joint Committee.
         2.   The Joint Committee may decide to abolish any existing specialised working groups or other mechanisms or set up further specialised working groups or other mechanisms to assist it in carrying out its duties.
         3.   The specialised working groups and other mechanisms shall make detailed reports of their activities to the Joint Committee at each of its meetings.
         4.   The specialised working groups shall only have the power to make recommendations to the Joint Committee.

      DRAFT
      DECISION No 2/2016 OF THE EU-INDONESIA JOINT COMMITTEE
      of …
      on the establishment of specialised working groups and other mechanisms
      THE EU-INDONESIA JOINT COMMITTEE,
      Having regard to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part (1) (the ‘Agreement’), and in particular Article 41 thereof, and to Article 14 of the Rules of Procedure of the Joint Committee,
      Whereas:

                  (1)

                  The Agreement entered into force on 1 May 2014.

                  (2)

                  In order to contribute to the effective implementation of the Agreement, its institutional framework should be established as soon as possible.

                  (3)

                  Pursuant to Article 41(3) of the Agreement and Article 14 of the Rules of Procedure of the Joint Committee, the Joint Committee may set up specialised working groups and other mechanisms in order to assist it in the performance of its tasks.

                  (4)

                  In order to allow for expert-level discussions on the key areas falling within the scope of the Agreement, specialised working groups or other mechanisms may be established. The Parties may further agree to amend the list of specialised working groups or other mechanisms and/or their scope.

                  (5)

                  Pursuant to Article 9 of its rules of procedure, the Joint Committee may also take decisions by written procedure.

                  (6)

                  This Decision should be adopted in order for the specialised working groups or mechanisms to become operational in a timely manner,

            HAS ADOPTED THIS DECISION:
      Sole Article
      The specialised working groups and other mechanisms listed in the Annex to this Decision are hereby established.

         Done at …,

               For the EU- Indonesia Joint Committee

               The Chair

         (1)  OJ L 125, 26.4.2014, p. 17.

         ANNEX
         EU-Indonesia Joint Committee
         Specialised working groups and other mechanisms

                     (1)

                     Specialised working group on development cooperation

                     (2)

                     Specialised working group on trade and investment

                     (3)

                     Human Rights dialogue

                     (4)

                     Political dialogue

                     (5)

                     Security dialogue


title: Council Decision (EU) 2015/1989 of 26 October 2015 on the signing, on behalf of the European Union, of the Agreement continuing the International Science and Technology Center

text:
               6.11.2015

               EN

               Official Journal of the European Union

               L 290/7

         COUNCIL DECISION (EU) 2015/1989
   of 26 October 2015
   on the signing, on behalf of the European Union, of the Agreement continuing the International Science and Technology Center
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 31(1) and Article 37 thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 180 and Article 218(5) thereof,
   Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,
   Whereas:

               (1)

               On 21 October 2013, the Council authorised the Commission and the High Representative to open negotiations for the establishment of an Agreement continuing the International Science and Technology Center between the European Union and the European Atomic Energy Community (‘Euratom’), acting as one Party, Georgia, Japan, the Kingdom of Norway, the Kyrgyz Republic, the Republic of Armenia, the Republic of Kazakhstan, the Republic of Korea, the Republic of Tajikistan, and the United States of America (‘the Agreement’).

               (2)

               Those negotiations have been successfully completed and the Agreement was initialled on 22 June 2015.

               (3)

               The conclusion of the Agreement is subject to a separate procedure as regards matters falling within the competence of Euratom.

               (4)

               The Agreement should be signed on behalf of the Union.

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement continuing the International Science and Technology Center is hereby authorised, 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 date of its adoption.

      Done at Brussels, 26 October 2015.

            For the Council

            The President

         F. MOGHERINI

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


Avis juridique important

|

41995D0580

95/580/EC: Decision of the Representatives of the Governments of the Member States, meeting within the Council of 20 December 1995 on the conversion into grants of special loans provided for under the Second and Third Lomé Conventions

Official Journal L 327 , 30/12/1995 P. 0015 - 0015

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL of 20 December 1995 on the conversion into grants of special loans provided for under the Second and Third Lomé Conventions (95/580/EC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITY, MEETING WITHIN THE COUNCIL,Having regard to the fourth ACP-EC Convention, signed at Lomé on 15 December 1989, as amended by the Agreement amending the said Convention, signed in Mauritius on 4 November 1995,Whereas Articles 91 et sequiter of the second ACP-EEC Convention, signed at Lomé on 31 October 1979 and Articles 194 et sequiter of the Third ACP-EEC Convention, signed at Lomé on 8 December 1984 provide for special loans;Whereas at the final ministerial negotiating session on the mid-term review of the fourth ACP-EC Convention held in Brussels on 30 June 1995, the Community adopted a Declaration to the effect that the special loans not yet committed under the second and third Lomé Conventions should be converted into grants,HAVE DECIDED AS FOLLOWS:Article 1The special loans provided for under the second and third Lomé Conventions which have not been the subject of financing agreements on the date of adoption of this Decision shall be converted into grants.The first paragraph shall also apply to balances released before or after that date, following the termination of commitments resulting from all financing agreements concluded in connection with special loans provided for under the second and third Lomé Conventions.Article 2This Decision shall enter into force on the day of its adoption.Done at Brussels, 20 December 1995.The PresidentJ. L. DICENTA BALLESTER


title: Council Decision 2011/203/CFSP of 31 March 2011 amending Decision 2010/445/CFSP extending the mandate of the European Union Special Representative for the crisis in Georgia

text:
               1.4.2011

               EN

               Official Journal of the European Union

               L 86/72

         COUNCIL DECISION 2011/203/CFSP
   of 31 March 2011
   amending Decision 2010/445/CFSP extending the mandate of the European Union Special Representative for the crisis in Georgia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 25 September 2008, the Council adopted Joint Action 2008/760/CFSP (1) appointing Mr Pierre MOREL European Union Special Representative (EUSR) for the crisis in Georgia until 28 February 2009.

               (2)

               On 11 August 2010, the Council adopted Decision 2010/445/CFSP (2) extending the mandate of the EUSR until 31 August 2011. The financial reference amount provided for to cover the expenditure relating to the mandate of the EUSR until that date was set at EUR 700 000. The financial reference amount should be increased to EUR 1 004 000 in order to allow for additional operational needs.

               (3)

               Decision 2010/445/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 5 of Decision 2010/445/CFSP, paragraph 1 is replaced by the following:

      ‘1.   The financial reference amount intended to cover the expenditure relating to the mandate of the EUSR during the period from 1 September 2010 to 31 August 2011 shall be EUR 1 004 000.’.

   Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 March 2011.

      Done at Brussels, 31 March 2011.

            For the Council

            The President

         VÖLNER P.

      (1)  OJ L 259, 27.9.2008, p. 16.

      (2)  OJ L 211, 12.8.2010, p. 33.


title: 2003/197/: EFTA Surveillance Authority Decision No 197/03/COL of  5 November 2003  amending for the thirty-ninth time the Procedural and Substantive Rules in the Field of State Aid by introducing a new chapter 34: Reference rates and discount rates and interest rates to be applied for the recovery of unlawful state aid

text:
               25.5.2006

               EN

               Official Journal of the European Union

               L 139/33

      EFTA SURVEILLANCE AUTHORITY DECISION

   No 197/03/COL
   of 5 November 2003
   amending for the thirty-ninth time the Procedural and Substantive Rules in the Field of State Aid by introducing a new chapter 34: Reference rates and discount rates and interest rates to be applied for the recovery of unlawful state aid
   THE EFTA SURVEILLANCE AUTHORITY,
   HAVING REGARD TO the Agreement on the European Economic Area (1), in particular to Articles 61 to 63 and Protocol 26 thereof,
   HAVING REGARD TO the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (2), in particular to Article 24, Article 5 (2) (b) and Article 1 in Part I of Protocol 3 thereof (3),
   WHEREAS under Article 24 of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall give effect to the provisions of the EEA Agreement concerning State aid,
   WHEREAS under Article 5 (2) (b) of the Surveillance and Court Agreement the EFTA Surveillance Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the EFTA Surveillance Authority considers it necessary,
   RECALLING the Procedural and Substantive Rules in the Field of State Aid (4) adopted on 19 January 1994 by the EFTA Surveillance Authority (5),
   WHEREAS, on 8 May 2003, the European Commission published a new Communication on the interest rates to be applied when aid granted unlawfully is being recovered (6),
   WHEREAS this Communication is also of relevance for the European Economic Area,
   WHEREAS a uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area,
   WHEREAS, according to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the EFTA Surveillance Authority is to adopt, after consultation with the Commission, acts corresponding to those adopted by the European Commission,
   WHEREAS, the former Chapter 33.2 of the State Aid Guidelines on Reference Rates of Interest also deals with interest rates and should therefore become part of the same chapter as the provisions for the interest rates to be applied for the recovery of unlawful aid,
   HAVING consulted the European Commission,
   RECALLING that the EFTA Surveillance Authority has consulted the EFTA States in a multilateral meeting on 20 June 2003 on the subject,
   HAS DECIDED AS FOLLOWS:

               1.

               The State Aid Guidelines shall be amended by adding a new Chapter 34 ‘Reference and discount rates and interest rates to be applied for the recovery of unlawful aid’.

               2.

               Chapter 33.2 of the State Aid Guidelines will become Chapter 34.1. Chapter 33.2 will be deleted.

               3.

               The title of Chapter 33 ‘Other provisions’ will be replaced by the title of Chapter 33.1 and will now read ‘Conversions between national currencies and the Euro’. Any reference in this chapter to ECUs should now read ‘Euro’. The title of Chapter 33.1 will be deleted.

               4.

               The new Chapter 34 can be found in Annex to this Decision.

               5.

               The EFTA States shall be informed by means of a letter, including a copy of this Decision and including the Annex.

               6.

               The European Commission shall be informed, in accordance with point (d) of Protocol 27 of the EEA Agreement, by means of a copy of this Decision, including the Annex.

               7.

               The Decision, including the Annex, shall be published in the EEA Section of and in the EEA Supplement to the Official Journal of the European Union.

               8.

               The Decision shall be authentic in the English language.

      Done at Brussels, 5 November 2003.

            For the EFTA Surveillance Authority

         Einar M. BULL

            President

         Hannes HAFSTEIN

            College Member

      (1)  Hereinafter referred to as the EEA Agreement.

      (2)  Hereinafter referred to as the Surveillance and Court Agreement.

      (3)  Protocol 3 to the Surveillance and Court Agreement as amended by the EFTA States on 10 December 2001. The amendments entered into force on 28 August 2003.

      (4)  Hereinafter referred to as the State Aid Guidelines.

      (5)  Initially published in OJ L 231, 3.9.1994, and in the EEA Supplement thereto No 32 on the same date, last amended by College Decision No 196/03/COL of 5 November 2003, not yet published.

      (6)  Commission Communication on the interest rates to be applied when aid granted unlawfully is being recovered (OJ C 110, 8.5.2003, p. 21, corrigendum OJ C 150, 27.6.2003, p. 3).

      ANNEX

         ‘34.   REFERENCE AND DISCOUNT RATES AND INTEREST RATES TO BE APPLIED FOR THE RECOVERY OF UNLAWFUL AID
         34.1.   REFERENCE RATES OF INTEREST (1)

                     (1)

                     For the purposes of monitoring State aid as required by the EEA Agreement, the EFTA Surveillance Authority uses various parameters, including the reference and discount rates.

                     (2)

                     Those rates are used to measure the grant equivalent of aid that is disbursed in several installments and to calculate the aid element resulting from interest subsidy schemes for loans. They are also used in implementing the de minimis rule and for the repayment of illegal aid.

                     (3)

                     The reference rates are supposed to reflect the average level of interest rates charged, in the various EFTA States parties to the EEA Agreement, on medium and long-term loans (five to ten years) backed by normal security.

                     (4)

                     As from 1 April 2000 the reference rates are fixed as follows:

                                 —

                                 the indicative rate is defined as the level of the rate of yield on five-year State bonds, in the relevant currency, plus a premium of 25 basis points,

                                 —

                                 the reference rate is deemed to be equal to the average of the indicative rates recorded in the preceding months of September, October and November,

                                 —

                                 the reference rate will be fixed (from 2001 onwards) with effect from 1 January,

                                 —

                                 the reference rate is adjusted again in the course of the year if it differs by more than 15 % from the average of the indicative rates recorded over the last known three months.

                           IT SHOULD ALSO BE NOTED THAT:

                                 —

                                 the reference rate thus determined is a floor rate which may be increased in situations involving a particular risk (for example, an undertaking in difficulty, or where the security normally required by banks is not provided).

                                 —

                                 the EFTA Surveillance Authority reserves the right, if necessary for examining certain cases, to use a shorter base rate (for example, Libor one-year rate) or a longer base rate (for example, the rate on ten-year bonds) than the rate of yield on five-year State bonds.

                     (5)

                     Reference rates will be made known by the EFTA Surveillance Authority on Internet at the following address: www.eftasurv.int.

               34.2.   INTEREST RATES TO BE APPLIED WHEN AID GRANTED UNLAWFULLY IS BEING RECOVERED (2)

                     (1)

                     Article 14 in Part II of Protocol 3 to the Surveillance and Court Agreement provides that when negative decisions are taken in cases of unlawful aid, the EFTA Surveillance Authority shall decide that the EFTA State concerned shall take all necessary measures to recover the aid from the beneficiary. The aid to be recovered shall include interest at an appropriate rate fixed by the EFTA Surveillance Authority. Interest shall be payable from the date the unlawful aid was at the disposal of the beneficiary until the date of its recovery.

                     (2)

                     In a letter to the EU Member States of 22 February 1995 the European Commission took the view that for the purpose of restoring the status quo, commercial rates provide a better measure of the advantage improperly conferred on the recipient of unlawful aid than legal rates. Accordingly, the European Commission informed the EU Member States that in any decisions it might adopt ordering the recovery of aid unlawfully granted, it would apply the reference rate used in the calculation of the net grant equivalent of regional aid measures as the basis for the commercial rate. Thus, for several years it has been the standard practice of the European Commission to include in its recovery decisions a clause requiring interest to be calculated on the basis of the reference rate used for calculating the net grant equivalent of regional aids. On 9 September 1997, the European Commission adopted a notice which set out further details on the reference rates used for the calculation of repayments of illegal aid and other purposes (3), which the EFTA Surveillance Authority partially integrated into the State Aid Guidelines, see the present Chapter 34.1 (4). The question has arisen whether this interest rate should be applied on a simple basis or on a compound basis (5).

                     (3)

                     In accordance with a great number of decisions of the Community judiciary (6), recovery is the logical consequence of the illegality of aid. The objective of recovery is to re-establish the previously existing situation. By repaying the aid, the beneficiary forfeits the unfair advantage which it enjoyed over its competitors on the market and the conditions of competition which existed prior to the payment of the aid are restored. In market practice, simple interest would normally be calculated where the beneficiary of the funds does not have use of the interest amount before the end of the period, for example where interest is only paid at the end of the period. Compound interest would normally be calculated if each year (or period) the amount of interest can be considered as being paid to the beneficiary and so accruing to the initial capital amount. In this case, the beneficiary would earn interest on the interest paid for each period.

                     (4)

                     In practice, the type of aid which has been granted and the situation of the individual beneficiary may differ. If the aid consists in overcompensation, the benefit which the company took from it can be assimilated to a deposit which would normally attract compound interest. If the aid was an investment aid for a certain eligible cost, the aid may have replaced an alternative source of financing, which would also normally bear compound interest at commercial rates. If the aid was an operating aid, it would have direct effects on the profit and loss accounts, and hence the balance sheet, leading to the availability of funds for deposit. Thus, despite the variety of situations, it appears that the effects of an unlawful aid are to provide funding to the beneficiary on similar conditions to a medium term non-interest bearing loan. Accordingly, the use of compound interest appears necessary to ensure that the financial advantages resulting from this situation are fully neutralised.

                     (5)

                     Accordingly, the EFTA Surveillance Authority wishes to inform the EFTA States and interested parties that in any future decisions it may adopt ordering the recovery of aid unlawfully granted, it will apply the reference rate used for calculating the net grant equivalent of regional aids on a compound basis. In accordance with normal market practice, compounding should take place on an annual basis. Likewise, the EFTA Surveillance Authority will expect the EFTA States to apply compound interest in the execution of pending recovery decisions, unless this would be contrary to a general principle of EEA law.’

         (1)  This sub-chapter partly corresponds to the Commission notice on the method for setting the reference and discount rates (OJ C 273, 9.9.1997, p. 3), formerly chapter 33.2 of the State Aid Guidelines.

         (2)  This chapter corresponds to Commission Communication on the interest rates to be applied when aid granted unlawfully is being recovered (OJ C 110, 8.5.2003, p. 21, corrigendum OJ C 150, 27.6.2003, p. 3).

         (3)  Commission notice on the method for setting the reference and discount rates, see footnote 1.

         (4)  The subsequent Commission notice on technical adaptions to the method for setting the reference and discount rates (OJ C 241, of 26.8.1999, p. 9), related to entry into the third stage of economic and monetary union on 1 January 1999 and was not relevant for the European Economic Area.

         (5)  The calculation of simple interest uses the formula Interest = (Capital × Interest rate × Number of years).
      The calculation of compound interest, compounding on a yearly basis uses the formula Interest = (Capital (1 + Interest rate) Number of years) – Capital.

         (6)  See in particular Case C-24/95 Land Rheinland-Pfalz v. Alcan [1997] ECR I-1591 and Case T-459/93 Siemens v Commission [1995] ECR II-1675.


title: 2007/867/EC: Council Decision of 20 December 2007 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and New Zealand pursuant to Article XXVIII of the GATT 1994 relating to the modification of the WTO tariff quota for New Zealand butter provided for in EC Schedule CXL annexed to the GATT 1994

text:
               22.12.2007

               EN

               Official Journal of the European Union

               L 340/95

         COUNCIL DECISION
   of 20 December 2007
   on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and New Zealand pursuant to Article XXVIII of the GATT 1994 relating to the modification of the WTO tariff quota for New Zealand butter provided for in EC Schedule CXL annexed to the GATT 1994
   (2007/867/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 14 May 2007, the Council authorised the Commission to open negotiations under Article XXVIII of the GATT 1994 with a view to modifying the WTO tariff quota for New Zealand butter. Accordingly, the European Community notified the WTO on 3 August 2007 of its intention to modify the WTO tariff quota for New Zealand butter in EC Schedule CXL.

               (2)

               Negotiations have been conducted by the Commission in consultation with the Committee established by Article 133 of the Treaty and within the framework of the negotiating directives issued by the Council.

               (3)

               The Commission has successfully negotiated an agreement with New Zealand. The Agreement in the form of an Exchange of Letters between the European Community and New Zealand should therefore be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and New Zealand pursuant to Article XXVIII of the GATT 1994 relating to the modification of the WTO tariff quota for New Zealand butter provided for in EC Schedule CXL annexed to the GATT 1994 is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 20 December 2007.

            For the Council

            The President

         F. NUNES CORREIA

    ---documentbreak---

               22.12.2007

               EN

               Official Journal of the European Union

               L 340/96

         AGREEMENT
   in the form of an exchange of letters between the European Community and New Zealand pursuant to Article XXVIII of the GATT 1994 relating to the modification of the WTO tariff quota for New Zealand butter provided for in EC Schedule CXL annexed to the GATT 1994
   Brussels,
   Sir,
   Following negotiations between the European Community (EC) and New Zealand under Article XXVIII of the GATT 1994 for the modification of the WTO tariff quota for New Zealand butter provided for in EC Schedule CXL annexed to the General Agreement on Tariffs and Trade 1994 (GATT 1994), the EC agrees to the conclusions as outlined below.
   Final provisions for the WTO tariff quota for New Zealand butter
   The tariff quota shall apply to butter of New Zealand origin for the following tariff items:

               CN code

               Description

               ex04051011
               ex04051019

               Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 % manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process

               ex04051030

               Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 %, manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage where the butterfat is concentrated and/or fractionated (the processes referred to as ‘Ammix’ and ‘Spreadable’)

         The in-quota tariff rate shall be EUR 70/100 kg.
   The quota quantity shall be 74 693 tonnes.
   Qualification for the quota is subject to conditions laid down in the relevant Community provisions.
   General
   The provisions of this Agreement shall apply from 1 January 2008.
   I would be grateful if you could confirm the agreement of your Government to the above.
   Please accept, Sir, the assurance of my highest consideration.

      On behalf of the European Community

   Brussels,
   Sir,
   I have the honour to acknowledge receipt of your letter of today’s date, worded as follows:

      ‘Following negotiations between the European Community (EC) and New Zealand under Article XXVIII of the GATT 1994 for the modification of the WTO tariff quota for New Zealand butter provided for in EC Schedule CXL annexed to the General Agreement on Tariffs and Trade 1994 (GATT 1994), the EC agrees to the conclusions as outlined below.
      Final provisions for the WTO tariff quota for New Zealand butter
      The tariff quota shall apply to butter of New Zealand origin for the following tariff items:

                  CN code

                  Description

                  ex04051011
                  ex04051019

                  Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 % manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process

                  ex04051030

                  Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 %, manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage where the butterfat is concentrated and/or fractionated (the processes referred to as “Ammix” and “Spreadable”)

            The in-quota tariff rate shall be EUR 70/100 kg.
      The quota quantity shall be 74 693 tonnes.
      Qualification for the quota is subject to conditions laid down in the relevant Community provisions.
      General
      The provisions of this Agreement shall apply from 1 January 2008.
      I would be grateful if you could confirm the agreement of your Government to the above.’

   New Zealand has the honour of confirming its agreement with the contents of this letter.
   Please accept, Sir, the assurance of my highest consideration.

      On behalf of New Zealand

      Съставено в Брюксел
      Hecho en Bruselas, el
      V Bruselu dne
      Udfærdiget i Bruxelles den
      Geschehen zu Brüssel am
      Brüssel,
      'Εγινε στις Βρυξέλλες, στις
      Done at Brussels
      Fait à Bruxelles, le
      Fatto a Bruxelles, addì
      Briselē,
      Priimta Briuselyje.
      Kelt Brüsszelben,
      Magħmul fi Brussell,
      Gedaan te Brussel,
      Sporządzono w Brukseli, dnia
      Întocmit la Bruxelles
      Feito em Bruxelas
      V Bruseli
      V Bruslju,
      Tehty Brysselissä
      Utfördat i Bryssel den

         От името на Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         În numele Comunitatii Europene
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapen

      Съставено в Брюксел
      Hecho en Bruselas, el
      V Bruselu dne
      Udfærdiget i Bruxelles den
      Geschehen zu Brüssel am
      Brüssel,
      'Εγινε στις Βρυξέλλες, στις
      Done at Brussels
      Fait à Bruxelles, le
      Fatto a Bruxelles, addì
      Briselē,
      Priimta Briuselyje.
      Kelt Brüsszelben,
      Magħmul fi Brussell,
      Gedaan te Brussel,
      Sporządzono w Brukseli, dnia
      Întocmit la Bruxelles
      Feito em Bruxelas
      V Bruseli
      V Bruslju,
      Tehty Brysselissä
      Utfördat i Bryssel den

         For New Zealand
         От името на Нова Зеландия
         Por Nueva Zelanda
         Za Nový Zêland
         For New Zealand
         Für Neuseeland
         Uus-Meremaa nimel
         Για τη Νέα Υηλανδία
         Pour la Nouvelle-Zélande
         Per la Nuova Zelanda
         Jaunzēlandes vārdā
         Naujosios Zelandijos vardu
         Új-Zéland részéről
         Għan-New Zealand
         Voor Nieuw-Zeeland
         W imieniu Nowej Zelandii
         Pela Nova Zelândia
         În numele Noii Zeelande
         Za Nový Zéland
         Za Novo Zelandijo
         Uuden-Seelannin puolesta
         För Nya Zeeland


Important legal notice

|

52006DP0480

European Parliament decision on the request for defence of the immunity and privileges of Gabriele Albertini (2006/2122(IMM))

Official Journal 314 E , 21/12/2006 P. 0082 - 0084

		P6_TA(2006)0480Request for defence of immunity of Gabriele AlbertiniEuropean Parliament decision on the request for defence of the immunity and privileges of Gabriele Albertini (2006/2122(IMM))The European Parliament,- having regard to the request by Gabriele Albertini for defence of his immunity in connection with the criminal proceedings brought against him before the District Court of Milan, made on 28 April 2006, announced in plenary sitting on 15 May 2006,- having heard Gabriele Albertini in accordance with Rule 7(3) of its Rules of Procedure,- having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,- having regard to the judgments of 12 May 1964 and 10 July 1986 [1] of the Court of Justice of the European Communities,- having regard to Article 68 of the Constitution of the Italian Republic,- having regard to Rules 6(3) and 7 of its Rules of Procedure,- having regard to the report of the Committee on Legal Affairs (A6-0383/2006),A. whereas Gabriele Albertini is a Member of the European Parliament who was elected in the sixth direct elections of 10 to 13 June 2004 and whereas his credentials were verified by Parliament on 14 December 2004 [2],B. whereas during the sessions of the European Parliament its Members enjoy in the territory of their own State the immunities accorded to members of their parliament and whereas immunity cannot be claimed when a Member is caught in the act of committing an offence; whereas this does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members [3],C. whereas the provision applicable to the case in question is Article 68, second subparagraph, of the Italian Constitution, which allows criminal proceedings to be brought against Members of Parliament without any special formalities, given that it provides that, without the leave of the Chamber to which the Member belongs, a search may not be carried out on either the person or the domicile of a Member of Parliament and a Member may not be arrested or otherwise deprived of his or her personal freedom or kept in detention, except to enforce a final conviction or where the Member is caught in the act of committing a crime for which arrest is mandatory in case of flagrante delicto,D. whereas the charges brought against Gabriele Albertini by the Public Prosecutor's Office of the District Court of Milan relate to the tabling of blank amendments under the budgetary procedure of the Milan City Council with a view to filling them in later in the light of the amendments tabled by the opposition, so as to avoid tabling amendments after the deadline, which would be inadmissible,E. whereas tabling blank amendments may be regarded as being an aspect of politics and political life and whereas, so long as the final act to which they refer has not been adopted, such amendments are simply acts of internal procedure with no external effect, in particular and above all from the point of view of criminal law, since the tabling of such amendments amounts to an impossible crime and in any case to a nonexistent crime,F. whereas, in other proceedings (Case No 9384/03 R.G.N.R.), the same District Court of Milan, called upon to consider allegations similar to those made against Gabriele Albertini but then made by Gabriele Albertini himself against his political opponents, held that there was no case to answer and dismissed the case,G. whereas the fact that the self-same court has adopted a diametrically opposed attitude in two substantially similar cases amounts to unreasonable unequal treatment which leads to the suggestion that Gabriele Albertini is being unfairly prosecuted,H. whereas the issue at stake is extremely delicate and its consequences for the prerogatives of the European Parliament are unacceptable, as there is no justification for unequal treatment of Gabriele Albertini, which raises the question of a fumus persecutionis,I. whereas any case of political persecution of one of its Members is an attack on the integrity of the European Parliament as a political institution democratically elected by the peoples of Europe, and amounts to a contempt of Parliament,J. whereas the discriminatory attitude of the Italian court is damaging to Gabriele Albertini,K. whereas, if the Statute for Members of the European Parliament had already entered into force, which it has not yet, although the European Parliament has endorsed it twice, in its resolutions of 5 December 2002 [4] and 17 December 2003 [5], the proceedings against Gabriele Albertini could have been suspended,1. Regrets that, as it stands, the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965 does not afford the European Parliament the means of taking binding action in order to protect Gabriele Albertini, and therefore decides not to defend his immunity;2. Instructs its President to forward this decision, and the report of the committee responsible, immediately to the Public Prosecutor's Office at the District Court of Milan in connection with criminal case No 8629/05 R.G.[1] Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, and Case 149/85 Wybot v Faure and others [1986] ECR 2391.[2] European Parliament Decision on the verification of credentials (OJ C 226 E, 15.9.2005, p. 51).[3] Article 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965.[4] OJ C 27 E, 30.1.2004, p. 139.[5] OJ C 91 E, 15.4.2004, p. 230.--------------------------------------------------


Avis juridique important

|

31999D0408

1999/408/EC: Council Decision of 29 April 1999 concerning the conclusion of the Agreement amending the Agreement for Scientific and Technological Cooperation between the European Community and Canada

Official Journal L 156 , 23/06/1999 P. 0023 - 0023

COUNCIL DECISIONof 29 April 1999concerning the conclusion of the Agreement amending the Agreement for Scientific and Technological Cooperation between the European Community and Canada(1999/408/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130M, in conjunction with Article 228(2), first sentence, and the first subparagraph of Article 228(3) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),(1) Whereas by its Decision of 26 February 1996(3) the Council approved the conclusion of the Agreement for Scientific and Technological Cooperation between the European Community and Canada;(2) Whereas by its Decision of 22 June 1998 the Council authorised the Commission to negotiate an amendment of the abovementioned Agreement only as far as the areas for cooperation, mentioned under Article 4 of that Agreement, are concerned, in accordance with the procedure laid down in Article 12(b) of that Agreement;(3) Whereas by its Decision of 13 December 1998 the Council authorised the signature of the amending Agreement;(4) Whereas the amending Agreement was signed on 17 December 1998;(5) Whereas the amending Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement amending the Agreement for Scientific and Technological Cooperation between the European Community and Canada is hereby approved.The text of the amending Agreement is attached to this Decision.Article 2Pursuant to Article 12 of the Agreement for Scientific and Technological Cooperation between the European Community and Canada, the President of the Council shall give notification that the procedures for entry into force of the attached amending Agreement have been completed on the part of the Community.Done at Luxembourg, 29 April 1999.For the CouncilThe PresidentW. MÜLLER(1) OJ C 400, 22.12.1998, p. 27.(2) Opinion delivered on 13 April 1999 (not yet published in the Official Journal).(3) OJ L 74, 22.3.1996, p. 25.


Avis juridique important

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31995D0039

95/39/EC: Council Decision of 16 January 1995 appointing a member of the Committee of the Regions

Official Journal L 050 , 07/03/1995 P. 0030 - 0030

COUNCIL DECISION of 16 January 1995 appointing a member of the Committee of the Regions (95/39/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,  Having regard to the Council Decision of 26 January 1994 appointing members and alternate members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),  Whereas a seat for a member of the Committee has become vacant following the resignation of Mr Konstantinos Klironomos, notified to the Council on 13 July 1994;  Having regard to the proposal from the Greek Government,  HAS DECIDED AS FOLLOWS:   Sole Article  Mr Georges Tzanakakis is hereby appointed a member of the Committee of the Regions in place of Mr Konstantinos Klironomos for the remainder of the latter's term of office, which runs until 25 January 1998.  Done at Brussels, 16 January 1995.  For the Council The President E. ALPHANDÉRY  (1) OJ No L 31, 4. 2. 1994, p. 29.


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31982D0868

82/868/EEC: Council Decision of 3 December 1982 amending Decision 81/121/EEC on the granting of daily allowances and the reimbursement of travelling expenses of members of the Economic and Social Committee, alternates and experts

Official Journal L 368 , 28/12/1982 P. 0039 - 0039 Spanish special edition: Chapter 01 Volume 6 P. 0062  Portuguese special edition Chapter 01 Volume 6 P. 0062

*****COUNCIL  DECISION  of 3 December 1982  amending Decision 81/121/EEC on the granting of daily allowances and the reimbursement of travelling expenses of members of the Economic and Social Committee, alternates and experts  (82/868/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 6 thereof,  Whereas it is necessary to adjust the rates of the daily allowances, as fixed by Decision 81/121/EEC (1), granted to members of the Economic and Social Committee, and to alternates and experts within the meaning of the Rules of Procedure of the Economic and Social Committee,  HAS DECIDED AS FOLLOWS:  Article 1  Decision 81/121/EEC is hereby amended as follows:  - in Article 2, first indent, Bfrs 3 300 shall be replaced by Bfrs 3 450;  - in Article 2, second indent, Bfrs 2 475 shall be replaced by Bfrs 2 600.  Article 2  This Decision shall take effect on 1 January 1983.  Done at Brussels, 3 December 1982.  For the Council  The President  Ch. CHRISTENSEN  (1) OJ No L 67, 12. 3. 1981, p. 29.


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32000D0467

2000/467/EC: Decision of the European Parliament of 13 April 2000 granting discharge to the Management Board of the European Centre for the Development of Vocational Training in respect of the implementation of its budget for the 1998 financial year

Official Journal L 191 , 27/07/2000 P. 0006 - 0008 Official Journal 040 , 07/02/2001 P. 0387 - 0389

Decision of the European Parliamentof 13 April 2000granting discharge to the Management Board of the European Centre for the Development of Vocational Training in respect of the implementation of its budget for the 1998 financial year(2000/467/EC)THE EUROPEAN PARLIAMENT,Having regard to the report of the Court of Auditors on the statements and management of the European Centre for the Development of Vocational Training (Cedefop - Thessaloniki) for the financial year ended December 1998 (C5-0149/2000)(1),Having regard to the Council recommendation of 13 March 2000 (C5-0151/2000),Having regard to the EC Treaty and in particular Article 276 thereof,Having regard to Rule 93 and Annex V of its Rules of Procedure,Having regard to the report of the Committee on Budgetary Control (A5-0089/2000),Whereas:A. Parliament granted discharge to the Management Board on 4 May 1999(2) for the financial year 1997 on the basis of commitments to introduce a new budgetary and accounting system, to reduce reliance on imprest accounts, to adopt a new staff policy and to submit biannual progress reports on the state of the new premises.B. The report of the Court of Auditors for 1998 notes that the Centre still uses an old and complex system for drawing up its budget and balance sheets, relies on the imprest accounts for paying staff, does not systematically review staff entitlements and suffers from delays when issuing calls for tender.C. The Centre is behind shedule in the completion of its own management and accounting system, begun in 1997, while a similar system was developed for decentralised Agencies for the Commission as of 1 January 1998.D. The Centre foresees final approval of its new building in November 2000, following its official opening in November 1999.E. The relatively long contradictory procedure between the Centre and the Court of Auditors for a short report leads to the submission of the annual report for 1998 in November 1999.F. The Court of Auditors, whose mandate is not to evaluate the effectiveness of the Centre in meeting its goals but to audit its accounts, concludes that it has obtained reasonable assurance that the annual accounts for the financial year ended 31 December 1998 are reliable and the underlying transactions are, as a whole, legal and regular.G. There is a need for an external evaluation to assess the effectiveness of the Centre in meeting its goals of developing vocational training, given that the last study on the impact of the Centre was conducted in February 1995.1. Notes the following figures for the accounts of the European Centre for the Development of Vocational Training:1998 FINANCIAL YEAR>TABLE>25th year of operation of first decentralised Agency2. Congratulates the Centre on its silver jubilee year of operation, since its creation by Council Regulation (EEC) No 337/75 on 10 February 1975, and believes that its revitalisation in recent years will lead to a marked improvement in the delivery of products and services.3. Recognises that the Centre has managed to overcome staffing and location problems resulting directly from its enforced transfer from Berlin to Thessaloniki in September 1995.Impact of Commission reform programme4. Notes that Parliament's demands for the Commission to reform its structure and financial management systems and the consequent change in the role of the Directorate-General for Financial Control will have a direct bearing on the Agency and will require the recasting of the financial regulations and the introduction of activity-based budgeting.Delays in development of computer system5. Notes that the Centre expended scarce resources in 1997, 1998 and 1999 to develop a tailor-made computer system to manage its budget and accounts, while a number of Agencies employ a decentralised application developed by the Commission, Sincom2.6. Calls on the Centre to ensure that the old system is fully replaced before 1 July 2000 and expects that the new application will be vetted by the Commission and the adequate documentation and in-house expertise will be provided for.7. Calls on the Commission to extend the system to encompass activity-based management for Agencies, including monitoring, auditing or evaluation of personnel, missions, documents and inventory, on the lines of the Integrated Resources Management System (IRMS).Imprest accounts8. Welcomes the fact that the Centre has reduced its reliance on imprest accounts for payments from EUR 6,6 million in 1997 and EUR 5,9 million in 1998 to EUR 3,1 million in 1999 and, while recognising the environment in which the Centre operates, urges a further reduction in the use of imprest accounts.Buildings policy9. Congratulates the Centre on the official inauguration of its building on 22 November 1999, but is concerned that final approval is only foreseen for November 2000.Recommendations to the Court of Auditors10. Welcomes the short and precise reporting by the Court of Auditors and hopes that the Court will continue in this business-like fashion. Calls on the Court of Auditors to follow up systematically decisions of the discharge Authority and to produce a comprehensive analysis of the audits of all Agencies.11. Calls on the Centre and the Court of Auditors to reduce the duration of the contradictory procedure to ensure that the annual report can be presented to Parliament before 15 July of the year following the financial year in question.New strategy and action plan in the light of the five-year evaluation12. Welcomes the launching of an external evaluation of the impact of the Centre's activities and asks that recommendations made in its last evaluation of 1995 be appraised, and calls for presentation to Parliament of the new strategy and action plan before 31 December 2000.Discharge decision13. Gives discharge to the Management Board of the European Centre for the Development for Vocational Training in respect of the implementation of its budget for the 1998 financial year.14. Instructs its President to forward this decision to the Management Board of the European Centre for the Development for Vocational Training, the Council, the Commission and the Court of Auditors and to have it published in the Official Journal of the European Communities (L series).The Secretary-GeneralJulian PriestleyThe PresidentNicole Fontaine(1) OJ C 372, 22.12.1999, p. 26.(2) OJ C 279, 1.10.1999, p. 140.


title: Council Decision 2004/837/CFSP of 6 December 2004 concerning the implementation of Joint Action 2002/210/CFSP on the European Union Police Mission

text:
               7.12.2004

               EN

               Official Journal of the European Union

               L 360/32

      COUNCIL DECISION 2004/837/CFSP
   of 6 December 2004
   concerning the implementation of Joint Action 2002/210/CFSP on the European Union Police Mission
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Joint Action 2002/210/CFSP of 11 March 2002 on the European Union Police Mission (1), and in particular Article 9(1) thereof, in conjunction with the second indent of Article 23(2) of the Treaty on European Union,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   An amount of EUR 17 410 000 covering operational running costs of EUPM in 2005 shall be financed in common from the general budget of the European Union.
   2.   The management of the expenditure financed by the general budget of the European Union specified in paragraph 1 shall be subject to the procedures and rules of the Community applying to budget matters with the exception that any pre-financing shall not remain the property of the Community.
   Article 2
   This Decision shall take effect on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 6 December 2004.

            For the Council

            The President

         H. HOOGERVORST

      (1)  OJ L 70, 13.3.2002, p. 1. Joint Action as last amended by Joint Action 2003/188/CFSP (OJ L 73, 19.3.2003, p. 9).


title: Council Common Position 2007/705/CFSP of 30 October 2007 concerning the temporary reception by Member States of the European Union of certain Palestinians

text:
               31.10.2007

               EN

               Official Journal of the European Union

               L 285/54

      COUNCIL COMMON POSITION 2007/705/CFSP
   of 30 October 2007
   concerning the temporary reception by Member States of the European Union of certain Palestinians
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 15 thereof,
   Whereas:

               (1)

               On 7 November 2006, the Council adopted Common Position 2006/755/CFSP concerning the temporary reception by Member States of the European Union of certain Palestinians (1), which provided for an extension of the validity of their national permits for entry into, and stay in, the territory of the Member States referred to in Common Position 2002/400/CFSP (2) for a further period of 12 months.

               (2)

               On the basis of an evaluation of the application of Common Position 2002/400/CFSP, the Council considers it appropriate that the validity of those permits be extended for a further period of 12 months,

         HAS ADOPTED THIS COMMON POSITION:
   Article 1
   The Member States referred to in Article 2 of Common Position 2002/400/CFSP shall extend the validity of the national permits for entry and stay granted pursuant to Article 3 of that Common Position for a further period of 12 months.
   Article 2
   The Council shall evaluate the application of Common Position 2002/400/CFSP within six months of the adoption of this Common Position.
   Article 3
   This Common Position shall take effect on the day of its adoption.
   Article 4
   This Common Position shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 30 October 2007.

            For the Council

            The President

         F. NUNES CORREIA

      (1)  OJ L 308, 8.11.2006, p. 18.

      (2)  OJ L 138, 28.5.2002, p. 33. Common Position as last amended by Common Position 2004/493/CFSP (OJ L 181, 18.5.2004, p. 24).


title: 2004/921/EC: Commission Decision of 27 December 2004 concerning the funding by the Community of a Eurobarometer survey on the attitudes of consumers towards the welfare of farmed animals

text:
               30.12.2004

               EN

               Official Journal of the European Union

               L 389/33

      COMMISSION DECISION

   of 27 December 2004
   concerning the funding by the Community of a Eurobarometer survey on the attitudes of consumers towards the welfare of farmed animals
   (2004/921/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 Article 17 thereof,
   Whereas:

               (1)

               Under Decision 90/424/EEC, the Community shall make a financial contribution to the establishment of an information policy in the field of animal protection.

               (2)

               This information policy includes, inter alia, the performance of studies necessary for the preparation and development of legislation in the field of animal protection.

               (3)

               The performance of a survey assessing the attitudes of consumers towards the welfare of farmed animals, forms part of this information policy in the field of animal protection, and the financial resources necessary for the Community to perform this survey should therefore be engaged and granted subject to the planned survey having been efficiently carried out.

               (4)

               This survey will be carried out in the form of a specific Eurobarometer study within the scope of the Framework Contract (2), concluded between the European Community, represented by the European Commission and TNS Opinion and Survey a consortium formed by Taylor Nelson Sofres plc and EOS Gallup Europe, represented by the coordinating centre the European Omnibus Survey ‘EOS Gallup Europe’.

               (5)

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

         DECIDES:
   Sole Article
   The action to perform a survey on the attitudes of consumers towards the welfare of farmed animals, to be financed from budget heading 17 04 02 of the budget of the European Union for a maximum amount of EUR 200 000, is hereby approved. This survey will be carried out in the form of a specific Eurobarometer study within the scope of the Framework Contract concluded between the European Community, represented by the European Commission and TNS Opinion and Survey a consortium formed by Taylor Nelson Sofres plc and EOS Gallup Europe, represented by the coordinating centre the European Omnibus Survey ‘EOS Gallup Europe’.

      Done at Brussels, 27 December 2004.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Directive 2003/99/EC of the European Parliament and of the Council (OJ L 325, 12.12.2003, p. 31).

      (2)  Contract No PRESS-B-1/2003-25/B1 of 24.8.2004.