               25.8.2016

               EN

               Official Journal of the European Union

               C 310/42

         P8_TA(2015)0039
   Setting-up of a special committee on tax rulings and other measures similar in nature or effect
   European Parliament decision of 12 February 2015 on setting up a special committee on tax rulings and other measures similar in nature or effect, its powers, numerical strength and term of office (2015/2566(RSO))
   (2016/C 310/10)

      The European Parliament,

               —

               having regard to the proposal by the Conference of Presidents,

               —

               having regard to the decision of the Commission to investigate tax ruling practice under EU state aid rules in all Member States,

               —

               having regard to the obligation of all Member States under EU taxation rules to communicate to other Member States, by spontaneous exchange, information on tax rulings, in particular if there may be a loss of tax in another Member State or a saving of tax may result from artificial transfers of profits within groups of enterprises,

               —

               having regard to Rule 197 of its Rules of Procedure,

               1.

               Decides to set up a special committee on tax rulings and other measures similar in nature or effect to examine practice in the application of EU state aid and taxation law in relation to tax rulings and other measures similar in nature or effect issued by Member States, if such practice appears to be the act of a Member State or the Commission;

               2.

               Decides that the special committee shall be vested with the following powers:

                           (a)

                           to analyse and examine practice in the application of Article 107(1) of the Treaty on the Functioning of the European Union (TFEU) regarding tax rulings and other measures similar in nature or effect issued by Member States since 1 January 1991;

                           (b)

                           to analyse and assess the Commission's practice of keeping under constant review, pursuant to Article 108 TFEU, all systems of aid existing in Member States, proposing to the Member States appropriate measures required by the progressive development or by the functioning of the internal market, checking whether aid granted by a State or through State resources is compatible with the internal market and not misused, deciding that the State concerned is to abolish or alter such aid within a certain period of time, and referring the matter to the Court of Justice of the European Union if the State concerned does not comply, which has allegedly resulted in a high number of tax rulings incompatible with EU state aid rules;

                           (c)

                           to analyse and examine compliance by Member States since 1 January 1991 with obligations set out in Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (1) , regarding the obligation to cooperate and provide all necessary documents;

                           (d)

                           to analyse and examine compliance with the obligations set out in Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation and taxation of insurance premiums (2) and Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (3), regarding communication by Member States to other Member States since 1 January 1991, by spontaneous exchange, of information on tax rulings;

                           (e)

                           to analyse and assess the Commission's practice as regards the proper application of Directives 77/799/EEC and 2011/16/EU regarding communication by Member States to other Member States, by spontaneous exchange, of information on tax rulings;

                           (f)

                           to analyse and assess compliance by the Member States with the principle of sincere cooperation enshrined in Article 4(3) of the Treaty on European Union, such as fulfilment of the obligations to facilitate the achievement of the Union's tasks and to refrain from any measure which could jeopardise the attainment of the Union's objectives, given the alleged large scale of aggressive tax planning facilitated by Member States, and the likely significant consequences this has had on public finances of and in the EU;

                           (g)

                           to analyse and assess the third-country dimension of aggressive tax planning carried out by companies established or incorporated in the Member States, as well as the exchange of information with third countries in this respect;

                           (h)

                           to make any recommendations that it deems necessary in this matter;

               3.

               Decides that the special committee shall have 45 members;

               4.

               Decides that the term of office of the special committee shall be 6 months, beginning on the date of adoption of this decision.

               5.

               Considers it appropriate that the special committee present a report drafted by two co-rapporteurs.

      (1)  OJ L 83, 27.3.1999, p. 1.

      (2)  OJ L 336, 27.12.1977, p. 15.

      (3)  OJ L 64, 11.3.2011, p. 1.


title: Decision of the European Parliament of 23 April 2009 on discharge in respect of the implementation of the European Union general budget for the financial year 2007, Section VII - Committee of the Regions

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/85

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   on discharge in respect of the implementation of the European Union general budget for the financial year 2007, Section VII — Committee of the Regions
   (2009/638/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2007 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2007 — Volume I (C6-0421/2008) (2),

               —

               having regard to the Committee of the Regions’ annual report to the discharge authority on internal audits carried out in 2007,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2007, together with the audited institutions’ replies (3),

               —

               having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),

               —

               having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0153/2009),

               1.

               Grants the Secretary-General of the Committee of the Regions discharge in respect of the implementation of its budget for the financial year 2007;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 77, 16.3.2007.

      (2)  OJ C 287, 10.11.2008, p. 1.

      (3)  OJ C 286, 10.11.2008, p. 1.

      (4)  OJ C 287, 10.11.2008, p. 111.

      (5)  OJ L 248, 16.9.2002, p. 1.
   RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2007, Section VII — Committee of the Regions
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2007 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2007 — Volume I (C6-0421/2008) (2),

               —

               having regard to the Committee of the Regions’ annual report to the discharge authority on internal audits carried out in 2007,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2007, together with the audited institutions’ replies (3),

               —

               having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),

               —

               having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0153/2009),

               1.

               Notes that in 2007 the Committee of the Regions (CoR) had commitment appropriations available amounting to a total of EUR 68,6 million (2006: EUR 74,4 million), with a utilisation rate of 96,22 %;

               2.

               Points out that the Court of Auditors indicated in its Annual Report that the audit did not give rise to any significant observations as regards the CoR;

               3.

               Welcomes the signature in December 2007 of a new Administrative Cooperation Agreement between the European Economic and Social Committee and the CoR for the period 2008 to 2014; is convinced that cooperation between the two institutions will be financially advantageous to European taxpayers; further welcomes the fact that the CoR has launched its EMAS (eco-management and audit scheme) certification;

               4.

               Notes with satisfaction the clear commitment of the two Committees to the aim of harmonising their internal control environment and standards, based on best practices, as well as all other relevant financial procedures relating to the Joint Services;

               5.

               Observes that the new Agreement keeps the most important areas (infrastructure, IT and telecommunications, as well as translation, including the production of documents) within the Joint Services’ remit, while a limited number of services are decoupled, such as internal services, the sociomedical service, the library and prepress;

               6.

               Insists however that this decoupling should be budget neutral and, therefore, urges the two Committees to carry out a joint analysis as part of the mid-term review of whether this shift of resources is beneficial to both; calls on the two Committees to keep Parliament informed of the evaluation in early 2009 of the mini-cooperation agreements in the areas concerned by decoupling;

               7.

               Welcomes the service level agreement concluded between the CoR and the Commission’s DG Budget on the implementation of ABAC (new financial and accounting application), deployed in January 2007;

               8.

               Welcomes in this context the creation within the Joint Services of a Contracts Unit providing assistance to all operational departments in the Joint Services in the area of public procurement; notes that under the new Agreement, the verification service of the Joint Services has been transferred to each Committee’s own services;

               9.

               Considers it crucial that controls carried out by, for example, authorising officers, verifiers and auditors, are sufficiently rigorous; underlines in this context the importance of an adequate number of random checks in all sectors, in addition to those few strategic sectors that present a higher risk;

               10.

               Notes with satisfaction the development by the CoR’s budget service of a new budget analytical monitoring tool (BudgetWatch), providing comprehensive information on all CoR budget lines and sub-lines, including the available appropriations, monthly developments of commitments and real payments made for the year;

               11.

               Welcomes the establishment by the CoR of a list of sensitive posts, as well as the intention of the CoR to create within the personnel unit a dedicated mobility cell which should help to develop a forward-looking approach to human resource planning;

               12.

               Notes that the Internal Audit Service carried out three audits in 2007 (on the performance of missions expenditure, on the performance of external studies and on the adequacy of financial circuits), as well as two follow-up audits (on salary transfers with corrector coefficient and on internal control standards);

               13.

               Recalls that the internal audit on salary transfers, which was completed in 2006 and which included an in-depth review of all existing transfers, revealed that ‘[w]eaknesses existed concerning the principle of separation of functions in this area (initiating functions and internal verification) and the control environment should have been given greater priority in view of the risks concerned’; further notes that a follow-up to the Internal Auditor’s recommendations was carried out in February 2007 and a second follow-up took place in 2008, and that it was found that 16 out of 20 recommendations have been fully implemented; urges the CoR’s administration to ensure the full implementation of all audit recommendations;

               14.

               Recalls that, following an investigation, OLAF established with regard to eight transfers that they were not in compliance with statutory conditions and recommended recovering the amounts overpaid from the officials concerned; notes with satisfaction that all recoveries were completed by early 2007; further recalls that with regard to six staff members, OLAF recommended the opening of disciplinary proceedings, and for five of them it also submitted files to the Belgian authorities;

               15.

               Observes that, following a request by the Belgian authorities, the CoR Appointing Authority lifted the immunity of the officials concerned on 6 July 2007, and that those officials were subsequently interviewed by the authorities; further notes that on 17 November 2008, following a request from the Public Prosecutor, the immunity of one more official was lifted by the CoR Appointing Authority;

               16.

               Notes with satisfaction that an administrative enquiry was launched by the CoR’s Secretary-General and carried out by a former deputy Director-General of the Commission; points out that in two of the five cases where the files were submitted to the authorities, the CoR Appointing Authority decided on 17 January 2008 to open disciplinary proceedings before the Disciplinary Board; understands that, in accordance with the Staff Regulations, a final decision can be taken in these cases only after a final judgment has been handed down by the Belgian court;

               17.

               Notes that in the three other cases, the Appointing Authority will take its decision on the opening of disciplinary proceedings as soon as it has received the necessary information as to the follow-up the Belgian authorities intend to give to those files; further notes that in a further case, in which OLAF has not submitted the file to the Belgian authorities, the Appointing Authority decided, in line with the recommendations of the administrative enquiry, to address a warning to the official concerned; reiterates its demand for the strict prosecution of all cases where fraudulent behaviour can be proved;

               18.

               Asks the CoR to consider proportionate disciplinary measures if the outcome of the pending cases requires them;

               19.

               Notes that Members of the CoR either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly; further notes that in those capacities, Members declare their financial interests, disclosing relevant information on such things as declarable professional activities and remunerated posts or activities, in accordance with the provisions prevailing in their regional and local bodies; suggests that the CoR introduce this obligation for all its Members; further proposes the appointment of an independent monitoring officer whose task would be to report annually and publicly on received declarations in order to ensure credible monitoring and control;

               20.

               Requests the CoR to include in its following activity report (financial year 2008) a chapter giving a detailed account of the follow-up during the year to Parliament’s earlier discharge decisions, including possible explanations for not having followed the recommendations, and not merely a reference to the discharge decisions;

               21.

               Notes that, despite amendments to the Financial Regulation, its rules on procurement are still excessively cumbersome for smaller institutions, such as the CoR, especially in relation to tenders for contracts for relatively small amounts; invites the Commission — when carrying out its preliminary work prior to drawing up any future proposals for amendment to the Financial Regulation — to consult extensively with the Secretary-General of the CoR and its administration in order to ensure that their concerns are fully taken into account in the final draft.

      (1)  OJ L 77, 16.3.2007.

      (2)  OJ C 287, 10.11.2008, p. 1.

      (3)  OJ C 286, 10.11.2008, p. 1.

      (4)  OJ C 287, 10.11.2008, p. 111.

      (5)  OJ L 248, 16.9.2002, p. 1.


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31984D0256

84/256/EEC: Council Decision of 7 May 1984 on the conclusion of the Food Aid Convention, 1980

Official Journal L 124 , 11/05/1984 P. 0042 - 0042

*****COUNCIL  DECISION  of 7 May 1984  on the conclusion of the Food Aid Convention, 1980  (84/256/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the Food Aid Convention, 1980, should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Food Aid Convention, 1980, is hereby approved on behalf of the European Economic Community.  Article 2  The President of the Council is hereby authorized to designate the person empowered to deposit the instrument of conclusion of the Convention with the Government of the United States of America.  Done at Brussels, 7 May 1984.  For the Council  The President  M. ROCARD


title: Decision of the European Parliament of 23 April 2009 on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/172

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2007
   (2009/669/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Maritime Safety Agency for the financial year 2007, together with the Agency’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (4), and in particular Article 19 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0167/2009),

               1.

               Grants the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2007;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the Executive Director of the European Maritime Safety Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 278, 31.10.2008, p. 20.

      (2)  OJ C 311, 5.12.2008, p. 57.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 208, 5.8.2002, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 72.
   RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   with observations forming an integral part of the Decision on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2007
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Maritime Safety Agency for the financial year 2007, together with the Agency’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (4), and in particular Article 19 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0167/2009),

               A.

               whereas the Court of Auditors (ECA) stated that it has obtained reasonable assurance that the annual accounts for the financial year 2007 are reliable, and the underlying transactions are legal and regular,

               B.

               whereas on 22 April 2008 Parliament granted the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2006 (6), and in its resolution accompanying the discharge decision, inter alia,

                           —

                           noted the ECA’s finding that the procedures for establishing the budget and the establishment plan were not sufficiently rigorous and that this led to a high number of budgetary transfers, the inadequate planning of staff recruitment and incorrect budget presentation,

                           —

                           noted with concern the ECA’s observations that some legal commitments were entered into before the corresponding budgetary commitment,

               1.

               Notes that the Agency had EUR 48 249 000 in commitment and payment appropriations from the 2007 budget;

               2.

               Regrets that, as in 2006, the ECA found that the Agency’s procedures for establishing the budget were not sufficiently rigorous;

               3.

               Notes that the ECA observed that 32 transfers were made in 2007; notes the ECA’s criticism concerning the high number of transfers;

               4.

               Notes the Agency’s reply that transfers remained below the 10 % threshold of the Financial Regulation;

               5.

               Further notes the ECA’s criticism that between mid-June and December 2007, EUR 25 000 000 for anti-pollution measures, authorised by the Budgetary Authority as normal appropriations, were unduly moved to assigned revenue;

               6.

               Notes the Agency’s reply that it decided on 20 March 2007 to qualify anti-pollution funds as assigned revenue, following a suggestion of the Commission, and that it decided on 21 November 2007 to no longer treat these funds as such;

               7.

               Is disappointed that, as in 2006, the ECA found again that legal commitments were entered into before the corresponding budgetary commitments were made; calls on the Agency to step up its training and communication efforts in order to avoid this situation in future; requests that action taken in this respect be reported in the Agency’s annual activity report for 2008;

               8.

               Notes that the ECA found weaknesses with regard to recruitment procedures, as follows:

                           —

                           selection criteria and threshold scores for passing to the next stage of competitions were not decided upon before the evaluation process started,

                           —

                           the staff committee was not invited to participate in recruitment procedures;

               9.

               Notes the Agency’s reply that measures have been taken so that selection criteria and threshold scores are defined at an earlier stage;

               10.

               Calls on the Agency to see to it that its recruitment procedures are transparent and non-discriminatory, in particular by ensuring the participation of the staff committee;

               11.

               Welcomes the fact that the Agency closely cooperates with the European Monitoring Centre for Drugs and Drug Addiction, also based in Lisbon, in order to share buildings and make joint use of infrastructure and services;

               12.

               Urges the Commission to ensure that the Agency maintains strict financial discipline in the future and always works within the agreed budgets;

               13.

               Refers for other observations accompanying its Decision on discharge which are of a horizontal nature to its Resolution of 23 April 2009 on financial management and control of EU agencies (7).

      (1)  OJ C 278, 31.10.2008, p. 20.

      (2)  OJ C 311, 5.12.2008, p. 57.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 208, 5.8.2002, p. 1.

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

      (6)  OJ L 88, 31.3.2009, p. 192.

      (7)  See page 206 of this Official Journal.


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E1996J0523(01)

DECISION of 20 December 1995 on official holidays of the EFTA Court in 1996

Official Journal L 123 , 23/05/1996 P. 0025 - 0025

DECISION of 20 December 1995 on official holidays of the EFTA Court in 1996 THE EFTA COURT,Having regard to Article 24 (3) of the Rules of Procedure, which requires the Court to observe the official holidays of the place where it has its seat,Having regard to Article 76 (2) of the Rules of Procedure, which requires the Court to draw up a list of official holidays and to publish it in the EEA Section of and the EEA Supplement to the Official Journal of the European Communities,Noting that it has been decided that the Court shall move to Luxembourg, whereas a date for the move has not yet been fixed, and noting that a revised list of official holidays may have to be drawn up as a result of such move,HAS DECIDED AS FOLLOWS:For the time the seat of the Court remains in Geneva, Switzerland, the following days in 1996 will be observed as official holidays during which the Court will be closed:>TABLE>


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31991D0065

91/65/EEC: Council Decision of 18 December 1990 concerning the conclusion of the Agreement between the European Economic Community and the Republic of Peru on trade in textile products

Official Journal L 040 , 13/02/1991 P. 0073 - 0110

COUNCIL DECISION of 18 December 1990 concerning the conclusion of the Agreement between the European Economic Community and the Republic of Peru on trade in textile products (91/65/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the Agreement negotiated between the European Economic Community and the Republic of Peru on trade in textile products initialled in Brussels on 13 June 1986 and applied on a provisional basis by Decision 87/472/EEC (1), as from 1 January 1987,  should be approved,  HAS DECIDED AS FOLLOWS:    Article 1 The Agreement between the European Economic Community and the Republic of Peru on trade in textile products is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the above Agreement in order to bind the Community.    Done at Brussels, 18 December 1990. For the Council The President G. DE MICHELIS  (1) OJ No L 263, 14. 9. 1987, p. 81.


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31992D0560

92/560/EEC: Council Decision of 27 November 1992 on the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Protocol setting out the fishing rights and financial compensation provided for in the Agreement between the Government of the Republic of Senegal and the European Community on fishing off the coast of Senegal for the period from 2 October 1992 to 1 October 1994

Official Journal L 359 , 09/12/1992 P. 0011

COUNCIL DECISION  of 27 November 1992  on the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Protocol setting out the fishing rights and financial compensation provided for in the  Agreement between the Government of the Republic of Senegal and the European Community on fishing off the coast of Senegal for the period from 2 October 1992 to 1 October 1994  (92/560/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal (1), signed in Brussels on 15 June 1979,  Having regard to the proposal from the Commission,  Whereas, pursuant to the second paragraph of Article 17 of the abovementioned Agreement, the Community and the Republic of Senegal entered into negotiations to determine the amendments or additions to be made to the Agreement on the expiry of the  application period of the Protocol annexed thereto;  Whereas, as a result of these negotiations, a new Protocol was initialled on 1 October 1992;  Whereas this Protocol extends the fishing opportunities of Community fishermen in the waters over which Senegal has sovereignty or jurisdiction;  Whereas, in order to avoid an interruption in the fishing activities of Community vessels, the Protocol in question should be applied as soon as possible; whereas for this reason the two Parties have initialled an Agreement in the form of an exchange of  letters providing for the provisional application of the initialled Protocol from the day following that on which the Protocol currently in force expires; whereas that Agreement should be approved, pending a final decision to be taken on the basis of  Article 43 of the Treaty,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an exchange of letters concerning the provisional application of the Protocol setting out the fishing rights and financial compensation provided for in the Agreement between the Government of the Republic of  Senegal and the European Community on fishing off the coast of Senegal for the period from 2 October 1992 to 1 October 1994 is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an exchange of letters in order to bind the Community. Done at Brussels, 27 November 1992. For the Council  The President  J. PATTEN   (1) OJ No L 226, 29. 8. 1980, p. 17.


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31994D0217

94/217/EC: Council Decision of 19 April 1994 on the provision of Community interest subsidies on loans for small and medium-sized enterprises extended by the European Investment Bank under its temporary lending facility

Official Journal L 107 , 28/04/1994 P. 0057 - 0058 Finnish special edition: Chapter 1 Volume 3 P. 0129  Swedish special edition: Chapter 1 Volume 3 P. 0129

COUNCIL DECISION of 19 April 1994 on the provision of Community interest subsidies on loans for small and medium-sized enterprises extended by the European Investment Bank under its temporary lending facility (94/217/EC)THE COUNCIL OF  THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas the Edinburgh European Council invited the European Investment Bank (EIB) to give urgent and sympathetic consideration to the establishment of a new, temporary lending facility of ECU 5 000 million within the EIB, in order to accelerate the  financing of infrastructure projects, in particular those connected with trans-European networks; whereas the Board of Governors of the EIB decided to create this facility on 10 February 1993;  Whereas the Copenhagen European Council invited the EIB to increase this facility by ECU 3 000 million and to extend its duration beyond 1994; whereas ECU 1 000 million of this increase will be allocated to strengthening the competitiveness of European  small and medium-sized enterprises (the SME facility);  Whereas the Copenhagen European Council also invited the Council to examine how this part of appropriations available for SMEs could benefit from interest rate subsidies up to a maximum of three percentage points over five years, on the understanding  that the subsidies would be linked to employment creation and funded within the existing financial perspective; whereas the Brussels European Council on 29 October 1993 called upon the Council to ensure that an interest rate subsidy mechanism for SMEs  was set up in accordance with the guidelines adopted by the Copenhagen European Council and in accordance with the conclusions of the Edinburgh European Council on ensuring value for money on Community operations;  Whereas the present measure would be part of the Community initiative to stimulate economic growth; whereas the Edinburgh European Council recognized the importance of SMEs for creating employment and stimulating growth;  Whereas, on 28 July 1989, the Council adopted Decision 89/490/EEC on the improvement of the business environment and the promotion of enterprises, and in particular small and medium-sized enterprises, in the Community (3); whereas the support programme  provided for by that Decision was revised by Decision 91/319/EEC (4);  Whereas, in its resolution of 17 June 1992 (5), the Council recommended the Commission to develop the action necessary to create a favourable environment for enterprises, in particular SMEs;  Whereas, on 14 June 1993, the Council adopted Decision 93/379/EEC on a multiannual programme of Community measures to intensify the priority areas and to ensure the continuity and consolidation of policy for enterprise, in particular small and  medium-sized enterprises, in the Community (6);  Whereas the facility is to be made available throughout the Community and be implemented as quickly as possible;  Whereas the facility is to be used, where appropriate, in conjunction with other Community financial instruments;  Whereas the EIB has indicated its willingness to participate in the implementation of this Decision;  Whereas the EIB and the Commission will enter into a cooperation agreement on implementation of the facility;  Whereas the Treaty does not provide power other than those of Article 235 for the adoption of this Decision,  HAS DECIDED AS FOLLOWS:   Article 1  The Community shall provide subsidies for the purpose of lowering the interest rate on EIB loans to SMEs in the Community for a total amount of ECU 1 000 million in principal. These loans shall be extended by the EIB under the terms and  conditions applying to loans granted under the temporary facility originally established by the Board of Governors of the EIB on 10 February 1993 and extended by the Board on 30 November 1993. The benefit of these subsidies shall be restricted to  investment projects involving the creation of employment.  The Community interest subsidies shall be fixed at 200 basis points; they shall be extended to the beneficiaries of the loans for a maximum period of five years.  The EIB's decisions to extend loans benefiting from the abovementioned subsidy shall be taken within 12 months of the date of entry into force of this Decision.   Article 2  The facility shall be administered by the EIB on behalf of the Community, exercising the same diligence as for operations carried out from its own resources.  The detailed arrangements for implementing this Decision shall be laid down in a cooperation agreement between the Commission and the EIB. In particular, that agreement shall stipulate procedures whereby, for each project, the objective of employment  creation laid down in Article 1 can be defined and progress in achieving it monitored.   Article 3  Each year the Commission shall send the European Parliament and the Council a report evaluating the implementation of this Decision. In particular, the Commission shall, on the basis of information which the EIB shall make available for the  purpose, report on the overall utilization of the SME facility in the Community and its impact on the creation of employment and on interest rates for investments by SMEs covered by the facility. A first report shall be submitted before 30 October 1994.   Done at Luxembourg, 19 April 1994.  For the Council The President Th. PANGALOS  (1) OJ No C 10, 14. 1. 1994, p. 13.  (2) OJ No C 114, 25. 4. 1994.  (3) OJ No L 239, 16. 8. 1989, p. 33.  (4) OJ No L 175, 4. 7. 1991, p. 32.  (5) OJ No C 178, 15. 7. 1992, p. 8.  (6) OJ No L 161, 2. 7. 1993, p. 68.


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31993D0622

93/622/EC: Council Decision of 16 November 1993 on the conclusion of the Protocol of 1993 amending and extending the International Agreement on olive oil and table olives, 1986

Official Journal L 298 , 03/12/1993 P. 0036 - 0036 Finnish special edition: Chapter 3 Volume 53 P. 0210  Swedish special edition: Chapter 3 Volume 53 P. 0210

COUNCIL DECISION of 16 November 1993 on the conclusion of the Protocol of 1993 amending and extending the International Agreement on olive oil and table olives, 1986 (93/622/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the 1986 International Agreement on olive oil and table olives was approved on 8 December 1986 by Council Decision 87/401/EEC (1); whereas it is concerned in general with the promotion of international cooperation and contributes to the  attainment of the objectives of the Community commercial and common agricultural policy;  Whereas the Agreement, as extended, is due to expire on 31 December 1993; whereas that Agreement remains useful and should be extended for a further period,  HAS DECIDED AS FOLLOWS:   Article 1  The Protocol of 1993 extending the International Agreement on olive oil and table olives, 1986, with amendments, is hereby approved on behalf of the European Community.  The text of the Protocol is attached to this Decision.   Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Protocol referred to in Article 1 and to deposit the instrument of approval by the Community.  Done at Brussels, 16 November 1993.  For the Council The President A. BOURGEOIS  (1) OJ No L 214, 4. 8. 1987, p. 1.


title: Council Decision of 29 April 2004 adjusting the basic salaries and allowances applicable to Europol staff

text:
               30.4.2004

               EN

               Official Journal of the European Union

               C 114/10

      COUNCIL DECISION

   of 29 April 2004
   adjusting the basic salaries and allowances applicable to Europol staff
   (2004/C 114/04)
   THE COUNCIL OF THE EUROPEAN UNION
   Having regard to the Council Act of 3 December 1998 laying down the Staff Regulations applicable to Europol employees (1), (hereinafter referred to as ’Staff Regulations’), and in particular Article 44 thereof,
   Having regard to the initiative of Ireland (2),
   Having regard to the Opinion of the European Parliament (3),
   Having regard to the review of remuneration of officials of Europol by the Management Board of Europol,
   Whereas:

               (1)

               In the aforementioned review the Management Board took account of the changes in the cost of living in the Netherlands, as well as of the changes in salaries in the public service in the Member States.

               (2)

               The Council Decision of 5 June 2003 (4) adjusting the remuneration of officials as from 1 July 2002 was unable to take correct account of the trend in the net remuneration of French civil servants and a correction of the trend in the changes in the cost of living in the Netherlands.

               (3)

               The said review justifies an increase of 0,9 % of remuneration for the period between 1 July 2001 and 1 July 2002.

               (4)

               It is for the Council, acting unanimously, to adjust the basic salaries and allowances of officials of Europol, on the basis of the review,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Staff Regulations are hereby amended as follows:

               With effect from 1 July 2002:

                           (a)

                           in Article 45 the table of basic monthly salaries shall be replaced by the following:

                                       1

                                       2

                                       3

                                       4

                                       5

                                       6

                                       7

                                       8

                                       9

                                       10

                                       11

                                       1

                                       14 208,61

                                       2

                                       12 758,73

                                       3

                                       8 757,14

                                       8 983,32

                                       9 209,51

                                       9 453,08

                                       9 696,66

                                       9 951,81

                                       10 205,82

                                       10 473,77

                                       10 743,45

                                       11 027,62

                                       11 308,88

                                       4

                                       7 626,24

                                       7 829,23

                                       8 029,31

                                       8 240,99

                                       8 452,68

                                       8 675,95

                                       8 896,32

                                       9 131,21

                                       9 366,07

                                       9 612,56

                                       9 859,04

                                       5

                                       6 283,69

                                       6 448,96

                                       6 611,34

                                       6 785,33

                                       6 959,32

                                       7 144,90

                                       7 327,58

                                       7 521,86

                                       7 713,25

                                       7 916,22

                                       8 119,21

                                       6

                                       5 384,79

                                       5 526,85

                                       5 668,95

                                       5 819,74

                                       5 967,60

                                       6 124,20

                                       6 280,79

                                       6 446,07

                                       6 611,34

                                       6 785,33

                                       6 959,32

                                       7

                                       4 488,76

                                       4 607,65

                                       4 723,63

                                       4 848,32

                                       4 973,01

                                       5 103,50

                                       5 233,99

                                       5 373,18

                                       5 509,46

                                       5 654,45

                                       5 799,43

                                       8

                                       3 816,02

                                       3 917,52

                                       4 016,10

                                       4 123,39

                                       4 227,77

                                       4 337,98

                                       4 448,17

                                       4 567,06

                                       4 683,04

                                       4 807,73

                                       4 929,51

                                       9

                                       3 363,67

                                       3 453,56

                                       3 543,46

                                       3 636,23

                                       3 729,03

                                       3 827,62

                                       3 926,21

                                       4 030,60

                                       4 132,12

                                       4 242,29

                                       4 349,58

                                       10

                                       2 917,11

                                       2 995,42

                                       3 070,80

                                       3 151,98

                                       3 230,29

                                       3 317,27

                                       3 404,26

                                       3 494,16

                                       3 581,14

                                       3 676,85

                                       3 769,63

                                       11

                                       2 827,24

                                       2 902,62

                                       2 975,10

                                       3 053,40

                                       3 131,69

                                       3 215,78

                                       3 296,97

                                       3 383,97

                                       3 470,96

                                       3 563,76

                                       3 653,63

                                       12

                                       2 244,39

                                       2 305,27

                                       2 363,25

                                       2 424,16

                                       2 485,06

                                       2 551,75

                                       2 618,45

                                       2 688,04

                                       2 754,72

                                       2 827,24

                                       2 899,72

                                       13

                                       1 928,30

                                       1 980,50

                                       2 029,80

                                       2 084,91

                                       2 137,10

                                       2 195,08

                                       2 250,18

                                       2 311,06

                                       2 369,08

                                       2 432,87

                                       2 493,75

                           (b)

                           in Article 59(3), the amount ’EUR 948,37’ shall be replaced by ’EUR 956,91’;

                           (c)

                           in Article 59(3), the amount ‘EUR 1 896,74’ shall be replaced by: ‘EUR 1 913,81’;

                           (d)

                           in Article 60(1), the amount ‘EUR 252,90’ shall be replaced by: ‘EUR 255,18’;

                           (e)

                           in Article 2(1) of Appendix 5, the amount ‘EUR 264,39’ shall be replaced by: ‘EUR 266,77’;

                           (f)

                           in Article 3(1) of Appendix 5, the amount ‘EUR 11 495,40’ shall be replaced by: ‘EUR 11 598,86’;

                           (g)

                           in Article 3(1) of Appendix 5, the amount ‘EUR 2 586,47’ shall be replaced by: ‘EUR 2 609,75’;

                           (h)

                           in Article 3(2) of Appendix 5, the amount ‘EUR 15 518,79’ shall be replaced by: ‘EUR 15 658,46’;

                           (i)

                           in Article 4(1) of Appendix 5, the amount ‘EUR 1 149,54’ shall be replaced by: ‘EUR 1 159,89’;

                           (j)

                           in Article 4(1) of Appendix 5, the amount ‘EUR 862,17’ shall be replaced by: ‘EUR 869,93’;

                           (k)

                           in Article 4(1) of Appendix 5, the amount ‘EUR 574,76’ shall be replaced by: ‘EUR 579,93’;

                           (l)

                           in Article 4(1) of Appendix 5, the amount ‘EUR 459,81’ shall be replaced by: ‘EUR 463,95’;

                           (m)

                           in Article 5(3) of Appendix 5, the amount ‘’EUR1 622,23’ shall be replaced by: ‘EUR 1 636,83’;

                           (n)

                           in Article 5(3) of Appendix 5, the amount ‘EUR 2 162,98’ shall be replaced by: ‘EUR 2 182,45’;

                           (o)

                           in Article 5(3) of Appendix 5, the amount ‘EUR 2 703,72’ shall be replaced by: ‘EUR 2 728,05’.

         Article 2
   This Decision shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall take effect on the day following its adoption.

      Done at Luxembourg, 29 April 2004

            For the Council

            The President

         M. McDOWELL

      (1)  OJ C 26, 30.1.1999, p. 23. Act as last amended by Act of 19 December 2002 (OJ C 24, 31.1.2003, p. 1).

      (2)  OJ C 34, 7.2.2004, p.16.

      (3)  Delivered on 9 March 2004 (not yet published in the Official Journal).

      (4)  OJ C 152, 26.06.2003, p. 7.


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31992D0625

92/625/EEC: Council Decision of 21 December 1992 on the provisional application of agreements between the European Economic Community and certain third countries on international trade in textiles

Official Journal L 410 , 31/12/1992 P. 0001 - 0001 Finnish special edition: Chapter 11 Volume 20 P. 0191  Swedish special edition: Chapter 11 Volume 20 P. 0191

COUNCIL DECISION of 21 December 1992 on the provisional application  of agreements between the European Economic Community and certain third countries on international  trade in textiles (92/625/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community and in particular Article  113 thereof, Having regard to the proposal from the Commission, Whereas the Commission has negotiated on behalf of the Community agreements on trade in textile  products with certain third countries; Whereas these agreements should be applied on a provisional basis from 1 January 1993, pending the  completion of procedures required for their conclusion, subject to reciprocal provisional  application by the partner countries, HAS DECIDED AS FOLLOWS: Sole ArticleThe agreements and protocols on the trade in textile products with  third countries, a list of which is annexed, shall be applied on a provisional basis from 1 January  1993, pending their formal conclusion, subject to reciprocal provisional application by the partner  countries. The texts of the initialled agreements are attached to this Decision. Done at Brussels, 21 December 1992. For the CouncilThe PresidentD. HURD ANNEX  1. HONG KONG2. SINGAPORE3. MACAO4. INDONESIA5.  PHILIPPINES6. COLOMBIA7. PERU8. CHINA9. ARGENTINA10. BANGLADESH11. BRAZIL12. KOREA13.  GUATEMALA14. INDIA15. MALAYSIA16. MEXICO17. PAKISTAN18. SRI LANKA19. THAILAND20. URUGUAY21.  VIETNAM22. BULGARIA23. ROMANIA24. HUNGARY25. POLAND26.  CZECHOSLOVAKIA


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41999D0358

1999/358/EC, ECSC, Euratom: Decision of the Representatives of the Governments of the Member States of 26 May 1999 appointing a judge to the Court of Justice of the European Communities

Official Journal L 140 , 03/06/1999 P. 0025 - 0025

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATESof 26 May 1999appointing a judge to the Court of Justice of the European Communities(1999/358/EC, ECSC, Euratom)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 223 thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 32b thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 139 thereof,Whereas pursuant to Article 7 of the Protocol on the Statute of the Court of Justice of the European Community and to the corresponding provisions of the Protocols on the Statutes of the Court of Justice of the European Coal and Steel Community and of the European Atomic Energy Community and as a consequence of the decease of Mr Kraterós Ioánnou, a judge should be appointed for the remaining period of Mr Kraterós Ioànnou's term of office,HAVE DECIDED AS FOLLOWS:Article 1Mr Vassílios Skourís is hereby appointed judge to the Court of Justice of the European Communities from 26 May 1999 up to and including 6 October 2003.Article 2This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 26 May 1999.The PresidentD. von KYAW


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31997D0560

97/560/EC: Council Decision of 3 March 1997 on the conclusion of an Agreed Minute between the Republic of Malta and the European Community regarding textile trade

Official Journal L 231 , 22/08/1997 P. 0005 - 0005

COUNCIL DECISION of 3 March 1997 on the conclusion of an Agreed Minute between the Republic of Malta and the European Community regarding textile trade (97/560/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2) first sentence, thereof,Having regard to the proposal from the Commission,Whereas the Commission has negotiated on behalf of the Community an Agreed Minute, amending and renewing, the Memorandum of Understanding between the Republic of Malta and the European Community on trade in textile products;Whereas, pursuant to Council Decision of 22 December 1995, pending the completion of procedures required for its conclusion, this Agreed Minute has been applied on a provisional basis from 1 January 1996;Whereas this Agreed Minute should be approved,HAS DECIDED AS FOLLOWS:Article 1 The Agreed Minute between the Republic of Malta and the European Community regarding textile trade shall be approved on behalf of the Community.The text of this Agreed Minute is attached to this Decision.Article 2 The President of the Council is hereby authorized to designate the persons empowered to sign the Agreed Minute.Article 3 The President of the Council shall, on behalf of the Community, give the notification of the completion of the internal procedures referred to in paragraph 3 of the Agreed Minute.Done at Brussels, 3 March 1997.For the CouncilThe PresidentM. DE BOER


title: Council Decision (CFSP) 2015/778 of 18 May 2015 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED)

text:
               19.5.2015

               EN

               Official Journal of the European Union

               L 122/31

         COUNCIL DECISION (CFSP) 2015/778
   of 18 May 2015
   on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 20 April 2015, the Council confirmed a strong commitment to act in order to prevent human tragedies resulting from the smuggling of people across the Mediterranean.

               (2)

               On 23 April 2015, the European Council expressed its indignation about the situation in the Mediterranean and underlined that the Union will mobilise all efforts at its disposal to prevent further loss of life at sea and to tackle the root causes of this human emergency, in cooperation with the countries of origin and transit, and that the immediate priority is to prevent more people from dying at sea. The European Council committed to strengthening the Union's presence at sea, to preventing illegal migration flows and to reinforcing internal solidarity and responsibility.

               (3)

               The European Council of 23 April 2015 also committed to fighting the traffickers in accordance with international law, by undertaking systematic efforts to identify, capture and destroy vessels before they are used by traffickers, and invited the High Representative of the Union for Foreign Affairs and Security Policy (HR) to start preparations for a possible Common Security and Defence Policy (CSDP) operation to this effect.

               (4)

               On 11 May 2015, the HR informed the UN Security Council about the crisis of migrants in the Mediterranean and the ongoing preparation for a possible Union naval operation, in the framework of the Union's Common Security and Defence Policy. In this regard, she expressed the need for the Union to work with the support of the UN Security Council.

               (5)

               On 18 May 2015, the Council approved the crisis management concept for a CSDP operation to disrupt the business model of smugglers in the Southern Central Mediterranean.

               (6)

               The Union CSDP operation will be conducted in accordance with international law, in particular with the relevant provisions of the 1982 United Nations Convention on the Law of the Sea (UNCLOS), the 2000 Protocols against the Smuggling of Migrants by Land, Sea and Air (the Protocol against the Smuggling of Migrants) and to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, the 1974 International Convention for the Safety of Life at Sea (SOLAS), the 1979 International Convention on Maritime Search and Rescue (SAR), the 1976 Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention), the 1951 Geneva Convention relating to the Status of Refugees and the principle of non-refoulement and international human rights law.
               The UNCLOS, SOLAS and SAR Conventions include the obligation to assist persons in distress at sea and to deliver survivors to a place of safety, and to that end the vessels assigned to EUNAVFOR MED will be ready and equipped to perform the related duties under the coordination of the competent Rescue Coordination Centre.

               (7)

               On the high seas, in accordance with relevant domestic and international law, States may interdict vessels suspected of smuggling migrants, where there is flag State authorisation to board and search the vessel or where the vessel is without nationality, and may take appropriate measures against the vessels, persons and cargo.

               (8)

               Measures may also be taken in the territorial or internal waters, territory or airspace of a State against vessels suspected of involvement in human smuggling or trafficking, with the consent of that State or pursuant to a UN Security Council Resolution, or both.

               (9)

               A State may take appropriate measures against persons present on its territory whom it suspects of smuggling or trafficking humans with a view to their possible arrest and prosecution, in accordance with international law and its domestic law.

               (10)

               The Political and Security Committee (PSC) should exercise, under the responsibility of the Council and of the HR, political control over the Union crisis management operation, provide it with strategic direction and take the relevant decisions in accordance with the third paragraph of Article 38 of the Treaty on European Union (TEU).

               (11)

               Pursuant to Article 41(2) TEU, and in accordance with Council Decision (CFSP) 2015/528 (1), the operational expenditure arising from this Decision, which has military or defence implications, is to be borne by the Member States.

               (12)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision, is neither bound by it nor subject to its application, and does not participate in the financing of this operation,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mission
   1.   The Union shall conduct a military crisis management operation contributing to the disruption of the business model of human smuggling and trafficking networks in the Southern Central Mediterranean (EUNAVFOR MED), achieved by undertaking systematic efforts to identify, capture and dispose of vessels and assets used or suspected of being used by smugglers or traffickers, in accordance with applicable international law, including UNCLOS and any UN Security Council Resolution.
   2.   The area of operation shall be defined, before the launching of EUNAVFOR MED, in the relevant planning documents to be approved by the Council.
   Article 2
   Mandate
   1.   EUNAVFOR MED shall operate in accordance with the political, strategic and politico-military objectives set out in the Crisis Management Concept approved by the Council on 18 May 2015.
   2.   EUNAVFOR MED shall be conducted in sequential phases, and in accordance with the requirements of international law. EUNAVFOR MED shall:

               (a)

               in a first phase, support the detection and monitoring of migration networks through information gathering and patrolling on the high seas in accordance with international law;

               (b)

               in a second phase,

                           (i)

                           conduct boarding, search, seizure and diversion on the high seas of vessels suspected of being used for human smuggling or trafficking, under the conditions provided for by applicable international law, including UNCLOS and the Protocol against the Smuggling of Migrants;

                           (ii)

                           in accordance with any applicable UN Security Council Resolution or consent by the coastal State concerned, conduct boarding, search, seizure and diversion, on the high seas or in the territorial and internal waters of that State, of vessels suspected of being used for human smuggling or trafficking, under the conditions set out in that Resolution or consent;

               (c)

               in a third phase, in accordance with any applicable UN Security Council Resolution or consent by the coastal State concerned, take all necessary measures against a vessel and related assets, including through disposing of them or rendering them inoperable, which are suspected of being used for human smuggling or trafficking, in the territory of that State, under the conditions set out in that Resolution or consent.

         3.   The Council shall assess whether the conditions for transition beyond the first phase have been met, taking into account any applicable UN Security Council Resolution and consent by the coastal States concerned.
   4.   EUNAVFOR MED may collect, in accordance with applicable law, personal data concerning persons taken on board ships participating in EUNAVFOR MED related to characteristics likely to assist in their identification, including fingerprints, as well as the following particulars, with the exclusion of other personal data: surname, maiden name, given names and any alias or assumed name; date and place of birth, nationality, sex; place of residence, profession and whereabouts; driving licenses, identification documents and passport data. It may transmit such data and data related to the vessels and equipment used by such persons to the relevant law enforcement authorities of Member States and/or to competent Union bodies.
   Article 3
   Appointment of the EU Operation Commander
   Rear Admiral Enrico Credendino is hereby appointed EU Operation Commander of EUNAVFOR MED.
   Article 4
   Designation of the EU Operation Headquarters
   The Operation Headquarters of EUNAVFOR MED shall be located in Rome, Italy.
   Article 5
   Planning and launch of the operation
   The Decision to launch EUNAVFOR MED shall be adopted by the Council, upon the recommendation of the Operation Commander of EUNAVFOR MED following approval of the Operation Plan and of the Rules of Engagement necessary for the execution of the mandate.
   Article 6
   Political control and strategic direction
   1.   Under the responsibility of the Council and of the HR, the PSC shall exercise the political control and strategic direction of EUNAVFOR MED. The Council hereby authorises the PSC to take the relevant decisions in accordance with Article 38 TEU. This authorisation shall include the powers to amend the planning documents, including the Operations Plan, the Chain of Command and the Rules of Engagement. It shall also include the powers to take decisions on the appointment of the EU Operation Commander and the EU Force Commander. The powers of decision with respect to the objectives and termination of the EU military operation shall remain vested in the Council. Subject to Article 2(3) of this Decision, the PSC shall have the power to decide when to make the transition between the different phases of the operation.
   2.   The PSC shall report to the Council at regular intervals.
   3.   The Chairman of the EU Military Committee (EUMC) shall, at regular intervals, report to the PSC on the conduct of EUNAVFOR MED. The PSC may invite the EU Operation Commander or the EU Force Commander to its meetings, as appropriate.
   Article 7
   Military direction
   1.   The EUMC shall monitor the proper execution of EUNAVFOR MED conducted under the responsibility of the EU Operation Commander.
   2.   The EU Operation Commander shall, at regular intervals, report to the EUMC. The EUMC may invite the EU Operation Commander or the EU Force Commander to its meetings, as appropriate.
   3.   The Chairman of the EUMC shall act as the primary point of contact with the EU Operation Commander.
   Article 8
   Consistency of the Union's response and coordination
   1.   The HR shall ensure the implementation of this Decision and its consistency with the Union's external action as a whole, including the Union's development programmes and its humanitarian assistance.
   2.   The HR, assisted by the European External Action Service (EEAS), shall act as the primary point of contact with the United Nations, the authorities of the countries in the region, and other international and bilateral actors, including NATO, the African Union and the League of Arab States.
   3.   EUNAVFOR MED shall cooperate with the relevant Member State authorities and shall establish a coordination mechanism, and as appropriate, conclude arrangements with other Union agencies and bodies, in particular FRONTEX, EUROPOL, EUROJUST, European Asylum Support Office and relevant CSDP missions.
   Article 9
   Participation by third States
   1.   Without prejudice to the Union's decision-making autonomy or to the single institutional framework, and in accordance with the relevant guidelines of the European Council, third States may be invited to participate in the operation.
   2.   The Council hereby authorises the PSC to invite third States to offer contributions and to take the relevant decisions on acceptance of the proposed contributions, upon the recommendation of the EU Operations Commander and the EUMC.
   3.   Detailed arrangements for the participation by third States shall be the subject of agreements concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union (TFEU). Where the Union and a third State have concluded an agreement establishing a framework for the latter's participation in crisis management missions of the Union, the provisions of such an agreement shall apply in the context of EUNAVFOR MED.
   4.   Third States making significant military contributions to EUNAVFOR MED shall have the same rights and obligations in terms of day-to-day management of the operation as Member States taking part in the operation.
   5.   The Council hereby authorises the PSC to take relevant decisions on the setting-up of a Committee of Contributors, should third States provide significant military contributions.
   Article 10
   Status of Union-led personnel
   The status of Union-led units and personnel shall be defined where necessary in accordance with international law.
   Article 11
   Financial arrangements
   1.   The common costs of the EU military operation shall be administered in accordance with Decision (CFSP) 2015/528.
   2.   The financial reference amount for the common costs of EUNAVFOR MED shall be EUR 11,82 million. The percentage of the reference amount referred to in Article 25(1) of Decision (CFSP) 2015/528 shall be 70 % in commitments and 40 % for payments.
   Article 12
   Release of information
   1.   The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of EUNAVFOR MED, EU classified information generated for the purposes of the operation, in accordance with Council Decision 2013/488/EU (2), as follows:

               (a)

               up to the level provided in the applicable Security of Information Agreements concluded between the Union and the third State concerned; or

               (b)

               up to the ‘CONFIDENTIEL UE/EU CONFIDENTIAL’ level in other cases.

         2.   The HR shall also be authorised to release to the UN, in accordance with the operational needs of EUNAVFOR MED, EU classified information up to ‘RESTREINT UE/EU RESTRICTED’ level which are generated for the purposes of EUNAVFOR MED, in accordance with Decision 2013/488/EU. Arrangements between the HR and the competent authorities of the United Nations shall be drawn up for this purpose.
   3.   The HR shall be authorised to release to the third States associated with this Decision any EU non-classified documents connected with the deliberations of the Council relating to the operation and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (3).
   4.   The HR may delegate such authorisations, as well as the ability to conclude the arrangements referred to in this Article, to EEAS officials, to the EU Operation Commander or to the EU Force Commander in accordance with section VII of Annex VI to Decision 2013/488/EU.
   Article 13
   Entry into force and termination
   This Decision shall enter into force on the date of its adoption.
   EUNAVFOR MED shall end no later than 12 months after having reached Full Operational Capability (FOC).
   This Decision shall be repealed as from the date of closure of the EU Operation Headquarters in accordance with the plans approved for the termination of EUNAVFOR MED, and without prejudice to the procedures regarding the audit and presentation of the accounts of EUNAVFOR MED laid down in Decision (CFSP) 2015/528.

      Done at Brussels, 18 May 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision (CFSP) 2015/528 of 27 March 2015 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) and repealing Decision 2011/871/CFSP (OJ L 84, 28.3.2015, p. 39).

      (2)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).

      (3)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).


Avis juridique important

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31996D0613(01)

Council Decision of 20 May 1996 appointing a member of the Economic and Social Committee

Official Journal C 169 , 13/06/1996 P. 0001 - 0001

COUNCIL DECISION of 20 May 1996 appointing a member of the Economic and Social Committee (96/C 169/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 195 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,Having regard to the Council Decision of 26 September 1994 appointing the members of the Economic and Social Committee for the period ending on 20 September 1998 (1),Whereas a seat has become vacant on the Economic and Social Committee following the resignation of Mr Ronald JANSSEN, communicated to the Council on 6 December 1995;Having regard to the nominations submitted by the Belgian Government on 6 March 1996,Having obtained the opinion of the European Commission,HAS DECIDED AS FOLLOWS:Sole Article Mr Thierry DOCK is hereby appointed a member of the Economic and Social Committee in place of Mr Ronald JANSSEN for the remainder of the latter's term of office, which expires on 20 September 1998.Done at Brussels, 20 May 1996.For the CouncilThe PresidentP. BERSANI(1) OJ No L 257, 5. 10. 1994, p. 20.


title: Decision of the Ministerial Council of the Energy Community D/2013/03/MC-EnC on extending the duration of the Energy Community Treaty

text:
               30.11.2013

               EN

               Official Journal of the European Union

               L 320/81

         DECISION OF THE MINISTERIAL COUNCIL OF THE ENERGY COMMUNITY
   D/2013/03/MC-EnC
   on extending the duration of the Energy Community Treaty
   THE MINISTERIAL COUNCIL OF THE ENERGY COMMUNITY,
   Having regard to the Treaty establishing the Energy Community (“the Treaty”), and in particular Article 97 thereof,
   Whereas:

               (1)

               The Treaty was signed on 25 October 2005 and entered into force on 1 July 2006.

               (2)

               According to its Article 97, the Treaty is concluded for a period of 10 years from the date of entry into force and requires a decision by the Ministerial Council for its extension.

               (3)

               The Energy Community has proven to be an efficient framework for regional cooperation in the energy field.

               (4)

               The Energy Community is following closely developments in the European Union’s energy policy and has entered into commitments that go beyond 2016.

               (5)

               The extension of the Treaty has been openly supported by the European Union institutions (1), as well as by the Permanent High Level Group at its meetings of 19 June and 23 October 2013,

         ADOPTS THIS DECISION:
   Article 1
   Extension of the duration of the Energy Community Treaty
   The duration of the Treaty is extended for a period of 10 years.
   Article 2
   Entry into force
   This Decision enters into force upon its adoption.

      Done in Belgrade, 24 October 2013.

            For the Ministerial Council,
         Z. MIHAJLOVIĆ

      (1)  Report from the Commission to the European Parliament and the Council under Article 7 of Decision 2006/500/EC, 10.3.2011, COM(2011) 105 final; Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on security of energy supply and international cooperation - The EU Energy Policy: Engaging with Partners beyond Our Borders, 7.9.2011, COM(2011) 539 final; Conclusions of the meeting of 24 November 2011 of the Council of the European Union on strengthening the external dimension of the EU energy policy.


title: 2004/821/CFSP: Political and Security Committee Decision BiH/4/2004 of 19 October 2004 on the appointment of the Head of the EU Command Element at Naples for the European Union military operation in Bosnia and Herzegovina

text:
               2.12.2004

               EN

               Official Journal of the European Union

               L 357/38

      POLITICAL AND SECURITY COMMITTEE DECISION BiH/4/2004
   of 19 October 2004
   on the appointment of the Head of the EU Command Element at Naples for the European Union military operation in Bosnia and Herzegovina
   (2004/821/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 25, third paragraph, thereof,
   Having regard to the Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               By Exchange of Letters between the Secretary-General/High Representative and the NATO Secretary-General on 28 September 2004 and on 8 October 2004 respectively, the North Atlantic Council has agreed to make available the Chief of Staff of the Joint Force Command Headquarters Naples, as Head of the EU Command Element at Naples.

               (2)

               The EU Military Committee on 15 September 2004 agreed to the recommendation by the EU Operation Commander to appoint the Chief of Staff of the Joint Force Command Headquarters Naples, General Ciro COCOZZA, as Head of the EU Command Element at Naples for the European Union military operation in Bosnia and Herzegovina.

               (3)

               Pursuant to Article 6 of Joint Action 2004/570/CFSP, the Council authorised the Political and Security Committee (PSC) to exercise the political and strategic direction of the EU military operation.

               (4)

               In conformity with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications.

               (5)

               The Copenhagen European Council adopted on 12 and 13 December 2002 a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

         HAS DECIDED AS FOLLOWS:
   Article 1
   General Ciro COCOZZA is hereby appointed Head of the EU Command Element at Naples for the European Union military operation in Bosnia and Herzegovina.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 19 October 2004.

            For the Political and Security Committee

            The Chairperson

         A. HAMER

      (1)  OJ L 252, 28.7.2004, p. 10.


Avis juridique important

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31990D0145

90/145/EEC: Commission Decision of 19 March 1990 on the establishment of overall quantities of food aid for 1990 and a list of products to be supplied as food aid

Official Journal L 080 , 27/03/1990 P. 0030 - 0032

*****COMMISSION  DECISION  of 19 March 1990  on the establishment of overall quantities of food aid for 1990 and a list of products to be supplied as food aid  (90/145/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3972/86 of 22 December 1986 on food-aid policy and food-aid management (1), as last extended by Regulation (EEC) No 1750/89 (2), and in particular Article 5 thereof,  Whereas, in order to implement Regulation (EEC) No 3972/86, it is necessary to lay down the total quantities of each product to be supplied under the food aid operations for 1990 and to specify the products involved;  Whereas the overall quantities of food aid for 1990 should be decided and food aid operations implemented on the basis of the budgetary resources available;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Food Aid Committee,  HAS DECIDED AS FOLLOWS:  Sole Article  1. The total quantities of each product to be supplied under the 1990 food-aid programme to certain developing countries and certain organizations are set out in Annex I.  2. The products which may be supplied as food aid are listed in Annex II.  Done at Brussels, 19 March 1990.  For the Commission  Manuel MARÍN  Vice-President  (1) OJ No L 370, 30. 12. 1986, p. 1, corrigendum OJ No L 42, 12. 2. 1987, p. 54.  (2) OJ No L 172, 21. 6. 1989, p. 1.  ANNEX I  Quantities of food aid to be made available in 1990:  - Cereals:  (a) an initial instalment of 927 700 tonnes;  (b) a second instalment of up to 432 300,  - Milk powder and equivalent products: maximum 94 100,  - Butteroil: maximum 18 000 tonnes (1),  - Sugar: maximum 18 000 tonnes,  - Vegetable oil (seed oil and olive oil) (1): 50 000 tonnes,  - Other products: maximum of ECU 40 million.  (1) Any quantities of butteroil not required could, if necessary, be delivered as vegetable oil, one tonne of butteroil being equivalent to two tonnes of vegetable oil.  ANNEX II  1.2 //  //  // CN code (indicative)  // Description  //  //  //  //  // 0202   // Meat of bovine animals, frozen  // ex 0203   // Meat of swine, frozen   // 0210 20   // Meat of bovine animals, salted, in brine, dried or smoked   // 0305  // Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; fish meal fit for human consumption   // ex 0402   // Milk and cream, in powder, granules or other solid forms, or milk substitutes  // ex 0405 00   // Butteroil   // 0406   // Cheese and courd  // 0713   // Dried leguminous vegetables, shelled, whether or not skinned or split   // 0806 20   // Dried grapes   // ex Chapter 10   // Cereals   // 1101 1102   // Cereal flours  // 1103   // Cereal groats, meal and pellets   // 1104  // Cereal grains otherwise worked, except rice of CN code 1006; germ of cereals, whole, rolled, flaked or ground  // 1106 10 00   // Flour and meal of the dried leguminous vegetables of CN code 0713   // ex 1202   // Groundnuts  // 1509   // Olive oil   // ex 1507 ex 1508 ex 1511 ex 1512 ex 1513 ex 1514 ex 1515  // Vegetable oils and their fractions, whether or not refined, but not chemically modified, for human consumption   // 1602 50   // Other prepared or preserved meat, meat offal or blood of bovine animals   // ex 1604 13 1604 19  // Prepared or preserved fish: sardines, sardinella and brisling or sprats; tunas; skipjack and Atlantic bonito (Sarda spp.); mackerel; anchovies; other   // 1701   // Cane or beet sugar and chemically pure sucrose, in solid form   // ex 1901  // Food preparations of flour, meal, etc., not elsewhere specified or included   // ex 1902   // Uncooked pasta, not stuffed or otherwise prepared   // ex 1905   // Sweet biscuits; waffles and wafers   // 2002   // Tomatoes prepared or preserved otherwise than by vinegar or acetic acid   // ex 2106   // Food preparations not elsewhere specified or included: protein concentrates and textured protein substances derived from milk   // -   // Fresh products to be bought locally in developing countries, such as locally produced fruit and vegetables (1)   //    //  (1) Non-governmental organizations and international bodies only, priority to be given to refugees.


title: 2005/694/EC: Council Decision of 28 July 2005 on the existence of an excessive deficit in Italy

text:
               11.10.2005

               EN

               Official Journal of the European Union

               L 266/57

      COUNCIL DECISION

   of 28 July 2005
   on the existence of an excessive deficit in Italy
   (2005/694/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 104(6) thereof,
   Having regard to the recommendation from the Commission,
   Having regard to the observations made by Italy,
   Whereas:

               (1)

               According to Article 104 of the Treaty Member States are to avoid excessive government deficits.

               (2)

               The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation.

               (3)

               The excessive deficit procedure under Article 104 provides for a decision on the existence of an excessive deficit. The Protocol on the excessive deficit procedure annexed to the Treaty sets out further provisions relating to the implementation of the excessive deficit procedure. Council Regulation (EC) No 3605/93 (1), lays down detailed rules and definitions for the application of the provision of the said Protocol.

               (4)

               Article 104(5) of the Treaty requires the Commission to address an opinion to the Council if the Commission considers that an excessive deficit in a Member State exists or may occur. The Commission addressed such an opinion on Italy to the Council on 29 June 2005. Having taken into account its report in accordance with Article 104(3) of the Treaty and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4) of the Treaty, the Commission concluded that there exists an excessive deficit in Italy. In delivering its assessment, the Commission has taken into account the Ecofin Report to the European Council on ‘Improving the implementation of the Stability and Growth Pact’, endorsed by the latter on 22 March 2005.

               (5)

               Article 104(6) of the Treaty lays down that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists. In the case of Italy, this overall assessment leads to the following conclusions.

               (6)

               According to the figures for 2003 and 2004 reported so far, the deficit ratio has been above but close to the 3 % of GDP reference value in 2003 and 2004. The breach of the 3 % of GDP Treaty reference value in 2003 and 2004 did not result from an unusual event outside the control of the Italian authorities, nor was it the result of a severe economic downturn in the sense of the Stability and Growth Pact. The rate of economic growth over the last three years was positive but low (0,4 %, 0,3 % and 1,2 %, in 2002, 2003 and 2004, respectively). The output gap is estimated to have turned from 2,1 % of potential GDP in 2001 to – 1,3 % of potential GDP in 2004. As such, the situation of slow growth in 2003 and 2004 cannot be qualified as exceptional in the sense of the Treaty and the Stability and Growth Pact.

               (7)

               The excess over the reference value cannot be considered temporary because the deficit, after exceeding (but remaining close to) the reference value in 2003 and 2004, is projected by the Commission to exceed it by a large margin in 2005 and 2006 under the standard no-policy change assumption. This indicates that the Treaty requirement concerning the deficit criterion is not fulfilled.

               (8)

               In addition, the debt-to-GDP ratio, at around 106 to 107 % of GDP in 2004, is clearly above the reference value in the Treaty and has not declined at a satisfactory pace over recent years. The pace of debt reduction has been affected by debt-increasing below-the-line operations. Moreover, the present level of the primary surplus (below 2 % of GDP in 2004) does not ensure a satisfactorily declining path of the debt ratio. This indicates that the Treaty requirement concerning the debt criterion is not fulfilled either.

               (9)

               Other relevant factors included in the Commission report in accordance to Article 104(3) of the Treaty, as well as additional ones put forward by the Italian authorities with their letter dated 6 June 2005, have been analysed by the Council. According to the Ecofin Report to the European Council on ‘Improving the implementation of the Stability and Growth Pact’, taking into account other relevant factors in the Council decision on the existence of an excessive deficit in accordance with Article 104(6) of the Treaty, ‘must be fully conditional on the overarching principle that, before other relevant factors are taken into account, the excess of the reference value is temporary and the deficit remains close to the reference value’. In the case of Italy, the first condition is not met. Therefore, for the purpose of the Council decision in accordance with Article 104(6) of the Treaty, other relevant factors are not taken into account in the case of Italy,

         HAS ADOPTED THIS DECISION:
   Article 1
   From an overall assessment it follows that an excessive deficit exists in Italy.
   Article 2
   This Decision is addressed to the Italian Republic.

      Done at Brussels, 28 July 2005.

            For the Council

            The President

         J. STRAW

      (1)  OJ L 332, 31.12.1993, p. 7. Regulation as last amended by Commission Regulation (EC) No 351/2002 (OJ L 55, 26.2.2002, p. 23).