title: 2004/644/EC: Council Decision of 13 September 2004 adopting implementing rules concerning Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data

text:
               21.9.2004

               EN

               Official Journal of the European Union

               L 296/16

      COUNCIL DECISION

   of 13 September 2004
   adopting implementing rules concerning Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data
   (2004/644/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 286 thereof,
   Having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council (1), and in particular Article 24(8) thereof,
   Whereas:

               (1)

               Regulation (EC) No 45/2001, hereinafter referred to as the ‘Regulation’, sets out the principles and rules applicable to all Community institutions and bodies and provides for the appointment by each Community institution and Community body of the Data Protection Officer.

               (2)

               Article 24(8) of the Regulation requires that further implementing rules concerning the Data Protection Officer shall be adopted by each Community institution or body in accordance with the provisions in the Annex thereto. The implementing rules shall in particular concern the tasks, duties and powers of the Data Protection Officer.

               (3)

               The implementing rules also specify the procedures for the exercise of rights of the data subjects, as well as for the fulfilment of obligations of all relevant actors within the Community institutions or bodies relating to the processing of personal data.

               (4)

               The implementing rules of the Regulation are without prejudice to Regulation (EC) No 1049/2001 (2), to Decision 2004/338/EC, Euratom (3), and in particular Annex II thereto, to Decision 2001/264/EC (4), and in particular Section VI of Part II of the Annex thereto, as well as to Decision of the Secretary-General of the Council/High Representative for Common Foreign and Security Policy of 25 June 2001 (5),

         HAS DECIDED AS FOLLOWS:
   SECTION 1
   GENERAL PROVISIONS
   Article 1
   Subject matter and scope
   This Decision lays down further implementing rules concerning Regulation (EC) No 45/2001 of the European Parliament and of the Council (hereinafter referred to as the Regulation) as regards the Council of the European Union.
   Article 2
   Definitions
   For the purpose of this Decision and without prejudice to the definitions provided by the Regulation:

               a)

               ‘controller’ shall mean the institution, the Directorate-General, the Directorate, the Division, the Unit or any other organisational entity which alone or jointly with others determines the purposes and means of the processing of personal data, as identified in the notification to be sent to the Data Protection Officer (hereafter referred to as the DPO) in accordance with Article 25 of the Regulation;

               b)

               ‘contact person’ shall mean the administrative assistant(s) of the Directorate-General or otherwise any staff member designated in consultation with the DPO by his/her Directorate-General as its representative to deal in close cooperation with the DPO with data protection issues;

               c)

               ‘GSC staff’ shall mean all General Secretariat of the Council (hereafter referred to as ‘GSC’) officials and any other person covered by the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities laid down in Regulation (EEC, Euratom, ECSC) No 259/68 (6) (hereinafter referred to as the Staff Regulations) or working for the GSC on a contractual basis (trainees, consultants, contractors, officials seconded by Member States).

         SECTION 2
   THE DATA PROTECTION OFFICER
   Article 3
   Appointment and status of the Data Protection Officer
   1.   The Deputy Secretary-General of the Council appoints the DPO and registers him with the European Data Protection Supervisor (hereafter referred to as EDPS). The DPO is directly attached to the Deputy Secretary-General of the Council.
   2.   The term of office of the DPO shall be three years and is renewable twice.
   3.   With respect to the performance of his/her duties, the DPO shall act in an independent manner and in cooperation with the EDPS. In particular, the DPO may not receive any instructions from the Appointing Authority of the GSC or from anyone else regarding the internal application of the provisions of the Regulation or his/her cooperation with the EDPS.
   4.   The evaluation of the performance of the DPO's tasks and duties shall take place after prior consultation of the EDPS. The DPO may be dismissed from his/her post only with the consent of the EDPS, if he/she no longer fulfils the conditions required for the performance of his/her duties.
   5.   Without prejudice to the procedure foreseen for his/her appointment, the DPO shall be informed of all contacts with external parties relating to the application of the Regulation, notably with regard to interaction with the EDPS.
   6.   Without prejudice to the relevant provisions of the Regulation, the DPO and his/her staff shall be subject to the rules and regulations applicable to officials and other servants of the European Communities.
   Article 4
   Tasks
   The DPO shall:

               (a)

               ensure that controllers and data subjects are informed of their rights and obligations pursuant to the Regulation. In the discharge of this task, he/she shall in particular establish information and notification forms, consult interested parties and raise the general awareness of data protection issues;

               (b)

               respond to requests from the EDPS and, within the sphere of his/her competence, cooperate with the EDPS at the latter's request or on his/her own initiative;

               (c)

               ensure in an independent manner the internal application of the provisions of the Regulation in the GSC;

               (d)

               keep a Register of the processing operations carried out by the controllers and grant access to it to any person directly or indirectly through the EDPS;

               (e)

               notify the EDPS of the processing operations likely to present specific risks referred to in Article 27(2) of the Regulation;

               (f)

               thus, ensure that the rights and freedoms of the data subjects are unlikely to be adversely affected by the processing operations.

         Article 5
   Duties
   1.   In addition to the general tasks to be fulfilled, the DPO shall:

               (a)

               act as an advisor to the Appointing Authority of the GSC and to controllers on matters concerning the application of data protection provisions. The DPO may be consulted by the Appointing Authority, the controllers concerned, the Staff Committee and by any individual, without going through the official channels, on any matter concerning the interpretation or application of the Regulation;

               (b)

               on his/her own initiative or on the initiative of the Appointing Authority, the controllers, the Staff Committee or any individual, investigate matters and occurrences directly relating to his or her tasks and which come to his/her notice, and report back to the Appointing Authority or the person who commissioned the investigation. If deemed appropriate, all other parties concerned should be informed accordingly. If the complainant is an individual, or in case the complainant acts on behalf of an individual, the DPO must, to the extent possible, ensure confidentiality of the request, unless the Data Subject concerned gives his/her unambiguous consent to treat the request otherwise;

               (c)

               cooperate in the discharge of his/her functions with the Data Protection Officers of other Community institutions and bodies, in particular by exchanging experience and best practices;

               (d)

               represent the GSC in all data protection related issues; without prejudice to Decision 2004/338/EC, Euratom, this may include the DPO's participation in relevant committees or for at international level;

               (e)

               submit an annual report on his/her activities to the Deputy Secretary-General of the Council and make it available to staff.

         2.   Without prejudice to Articles 4(b), 5(1)(b), (c) and 15, the DPO and his or her staff shall not divulge information or documents which they obtain in the course of their duties.
   Article 6
   Powers
   In performing his or her tasks and duties the DPO:

               (a)

               shall have access at all times to the data forming the subject-matter of processing operations and to all offices, data-processing installations and data carriers;

               (b)

               may request legal opinions from the Council Legal Service;

               (c)

               may call on Information Technologies external experts’ services upon prior agreement of the authorising officer in compliance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7) and its implementing Rules;

               (d)

               may without prejudice to the EDPS's duties and powers, propose to the GSC administrative measures and issue general recommendations on the appropriate application of the Regulation;

               (e)

               may make, in specific cases, any other recommendation for the practical improvement of data protection to the GSC and/or to all other parties concerned;

               (f)

               may bring to the attention of the Appointing Authority of the GSC any failure of a staff member to comply with the obligations under the Regulation and suggest an administrative investigation being launched in view of the possible application of Article 49 of the Regulation.

         Article 7
   Resources
   The DPO shall be provided with adequate staff and resources necessary to carry out his or her duties.
   SECTION 3
   RIGHTS AND OBLIGATIONS OF ACTORS IN THE FIELD OF DATA PROTECTION
   Article 8
   Appointing Authority
   1.   In case of a complaint within the meaning of Article 90 of the Staff Regulations relating to a violation of the Regulation, the Appointing Authority shall consult the DPO, who should deliver his/her opinion in writing no later than 15 days after receipt of the request. If, after the end of this period, the DPO has not provided his/her opinion to the Appointing Authority, it is no longer required. The Appointing Authority shall not be bound by the DPO's opinion.
   2.   The DPO shall be informed whenever an issue is under consideration which has, or might have, data protection implications.
   Article 9
   Controllers
   1.   The controllers are responsible for ensuring that all processing operations under their control comply with the Regulation.
   2.   In particular, the controllers shall:

               (a)

               give prior notice to the DPO of any processing operation or set of such operations intended to serve a single purpose or several related purposes, as well as of any substantial change of an existing processing operation. For processing operations carried out prior to the entry into force of the Regulation on 1 February 2001, the controller shall notify it without delay;

               (b)

               assist the DPO and the EDPS in performing their respective duties, in particular by giving information in reply to their requests within 30 days, at the latest;

               (c)

               implement appropriate technical and organisational measures and give adequate instructions to GSC staff to ensure both the confidentiality of the processing and a level of security appropriate to the risks represented by the processing;

               (d)

               where appropriate, consult the DPO on the conformity of processing operations with the Regulation, and in particular when they have reason to believe that certain processing operations are incompatible with Articles 4 to 10 of the Regulation. They may also consult the DPO and/or the Information Technologies security experts in Directorate-General A, the Security Office and Security of Information (Infosec) Office on issues relating to the confidentiality of the processing operations and on the security measures taken pursuant to Article 22 of the Regulation.

         Article 10
   Contact persons
   1.   Without prejudice to the responsibilities of the DPO, the contact person shall:

               (a)

               assist his/her Directorate-General or Unit in keeping an inventory of all existing processing of personal data;

               (b)

               assist his/her Directorate-General or Unit in identifying the respective controllers;

               (c)

               have the right to obtain from the controllers and from staff adequate and necessary information required for the accomplishment of his/her administrative tasks within his/her Directorate-General or Unit. This shall not include the right of access to personal data processed under the responsibility of the controller.

         2.   Without prejudice to the responsibilities of the controllers, the contact persons shall:

               (a)

               assist the controllers in complying with their obligations;

               (b)

               where appropriate, facilitate communication between the DPO and the controllers.

         Article 11
   GSC staff
   1.   In particular, all GSC staff shall contribute to the application of the confidentiality and security rules for the processing of personal data as provided for in Articles 21 and 22 of the Regulation. No member of the GSC staff with access to personal data shall process them other than on instructions from the controller, unless required to do so by national or Community law.
   2.   Any member of GSC staff may lodge a complaint with the EDPS regarding an alleged breach of the provisions of the Regulation governing the processing of personal data, without acting through official channels, as specified by the Rules set by the EDPS.
   Article 12
   Data subjects
   1.   Further to the data subjects’ right to be appropriately informed about any processing of personal data relating to themselves, in accordance with Articles 11 and 12 of the Regulation, the data subjects may approach the controller concerned to exercise their rights according to Articles 13 to 19 of the Regulation, as specified in Section 5 of this Decision.
   2.   Without prejudice to any judicial remedy, every data subject may lodge a complaint with the EDPS if he/she considers that his/her rights under the Regulation have been infringed as a result of the processing of his/her personal data by the Council, as specified by the Rules set by the EDPS.
   3.   No one shall suffer prejudice on account of a complaint lodged with the EDPS or of a matter brought to the attention of the DPO alleging a breach of the provisions of the Regulation.
   SECTION 4
   REGISTER OF NOTIFIED PROCESSING OPERATIONS
   Article 13
   Notification procedure
   1.   The Controller shall notify to the DPO any processing operation of personal data on the basis of a notification form made accessible on the GSC's Intranet site (Data Protection). The notification shall be transmitted to the DPO electronically. A confirmatory notification shall be sent to the DPO by note within 10 working days. Upon receipt of the confirmatory notification, the DPO shall publish it in the Register.
   2.   The notification shall include all information specified in Article 25(2) of the Regulation. Any change affecting this information shall be notified promptly to the DPO.
   3.   Further rules and procedures regarding the notification procedure to be followed by the controllers shall form part of the general recommendations issued by the DPO.
   Article 14
   The content and the purpose of the Register
   1.   The DPO shall keep a Register of processing operations performed upon personal data, which shall be set up on the basis of the notifications received from the controllers.
   2.   The Register shall contain at least the information referred to in Article 25(2)(a) to (g) of the Regulation. However, the information entered in the Register by the DPO may exceptionally be limited when it is necessary to safeguard the security of a specific processing operation.
   3.   The Register shall serve as an index of the personal data processing operations conducted at the Council. It shall provide information to data subjects and facilitate the exercise of their rights set out in Articles 13 to 19 of the Regulation.
   Article 15
   Access to the Register
   1.   Appropriate measures shall be taken by the DPO to ensure that any person has access to the Register, either directly or indirectly through the EDPS. In particular, the DPO shall provide information and assistance to interested persons on how and where applications for access to the Register can be made.
   2.   Except where on-line access is granted, applications for access to the Register are made in any written form, including electronically, in one of the languages referred to in Article 314 of the Treaty and in a sufficiently precise manner to enable the DPO to identify the concerned processing operations. An acknowledgement of receipt shall be sent to the applicant without delay.
   3.   If an application is not sufficiently precise, the DPO shall ask the applicant to clarify the application and shall assist the applicant in doing so. In the event of an application relating to a very large number of processing operations, the DPO may confer with the applicant informally, with a view to finding a fair solution.
   4.   Any person may request from the DPO a copy of the information which is available in the Register on any notified processing operation.
   SECTION 5
   PROCEDURE FOR DATA SUBJECTS TO EXERCISE THEIR RIGHTS
   Article 16
   General provisions
   1.   The data subjects’ rights specified in this Section can only be exercised by the individuals concerned or, in exceptional cases, on behalf of the individuals with proper authorisation. Requests shall be addressed in writing to the controller concerned with a copy to the DPO. If necessary, the DPO shall assist the data subject in identifying the controller concerned. The DPO shall make specific forms available. Controllers shall grant the request only if the form has been filled in completely and the complainant's identity has been verified properly. The exercise by data subjects of their rights shall be free of charge.
   2.   The controller shall send to the applicant an acknowledgement of receipt within five working days from the registration of the application. Unless otherwise provided, the controller shall reply to the request at the latest within fifteen working days from the registration of the request and shall either give satisfaction or state in writing the reasons for the total or partial refusal, in particular in cases where the applicant is not considered as data subject.
   3.   In case of irregularities or obvious misuse by the data subject in exercising his/her rights and where the processing is alleged to be unlawful by the data subject, the controller must consult the DPO on the request and/or refer the data subject to the DPO, who will decide on the eligibility of the request and the appropriate follow-up to be given.
   4.   Any person concerned may consult the DPO with regard to the exercise of his/her rights in a specific case. Without prejudice to any judicial remedy, every data subject may lodge a complaint with the EDPS, if he/she considers that his/her rights under the Regulation have been infringed as a result of the processing of his/her personal data.
   Article 17
   Right of access
   The data subject shall have the right to obtain from the controller, without constraint, at any time within three months from the receipt of the request, the information referred to in points (a) to (d) of Article 13 of the Regulation, either by consulting these data on the spot, or by receiving a copy, including, where appropriate, a copy in an electronic form, according to the applicant's preference.
   Article 18
   Right of rectification
   Each data subject’s request for the rectification of inaccurate or incomplete personal data shall specify the data concerned as well as the rectification to be made. It shall be dealt with by the controller without delay.
   Article 19
   Right of blocking
   The controller shall treat any request for the blocking of data under Article 15 of the Regulation without delay. The request shall specify the data concerned as well as the reasons for blocking them. The controller shall inform the data subject who made the request before the data are unblocked.
   Article 20
   Right of erasure
   The data subject may request the controller to erase data without delay in case of unlawful processing, particularly where the provisions of Articles 4 to 10 of the Regulation have been infringed. The request shall specify the data concerned and shall provide the reasons or evidence of the unlawfulness of the processing. In automated filing systems, erasure shall in principle be ensured by all appropriate technical means, excluding the possibility of any further processing of the erased data. If erasure is not possible for technical reasons, the controller, after consultation of the DPO and of the interested person, shall proceed to the immediate blocking of such data.
   Article 21
   Notification to third parties
   In case of any rectification, blocking or erasure following a request made by the data subject, he/she may obtain from the controller the notification to third parties to whom his/her personal data have been disclosed, unless this proves impossible or involves a disproportionate effort.
   Article 22
   Right to object
   The data subject may object to the processing of data relating to him/her and to the disclosure or use of his/her personal data, in conformity with Article 18 of the Regulation. The request shall specify the data concerned and shall provide the reasons justifying the request. Where the objection is justified, the processing in question shall no longer involve those data.
   Article 23
   Automated individual decisions
   The data subject is entitled not to be the subject of automated individual decisions as intended by Article 19 of the Regulation, unless the decision is explicitly authorised pursuant to national or Community legislation, or by an EDPS decision safeguarding the data subject's legitimate interests. In either case, the data subject shall have the opportunity to make known his or her point of view in advance and to consult the DPO.
   Article 24
   Exceptions and restrictions
   1.   To the extent that legitimate reasons as specified in Article 20 of the Regulation clearly justify it, the controller may restrict the rights referred to in Articles 17 to 21 of this Decision. Except in case of absolute necessity, the controller shall first consult the DPO, whose opinion shall not bind the Institution. The controller shall reply to requests relating to the application of exceptions or restrictions to the exercise of rights without delay and shall substantiate this decision.
   2.   Any person concerned may request the EDPS to apply Article 47(1)(c) of the Regulation.
   SECTION 6
   INVESTIGATION PROCEDURE
   Article 25
   Practical modalities
   1.   Requests for an investigation shall be addressed to the DPO in writing by using a specific form made available by him/her. In the case of obvious misuse of the right to request an investigation, for example where the same individual has made an identical request only recently, the DPO is not obliged to report back to the requester.
   2.   Within 15 days upon receipt, the DPO shall send acknowledgement of receipt to the Appointing Authority or the person who commissioned the investigation and verify whether the request is to be treated as confidential.
   3.   The DPO shall request from the controller who is responsible for the data processing operation in question a written statement on the issue. The controller shall provide his/her response to the DPO within 15 days. The DPO may wish to receive complementary information from other parties, such as the Security Office and Security of Information (Infosec) Office of the GSC. If appropriate, he/she may request an opinion on the issue from the Council Legal Service. The DPO shall be provided with the information or opinion within 30 days.
   4.   The DPO shall report back to the Appointing Authority or the person who made the request no later than three months following its receipt.
   SECTION 7
   FINAL PROVISIONS
   Article 26
   Effect
   This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 13 September 2004.

            For the Council

            The President

         B. R. BOT

      (1)  OJ L 8, 12.1.2001, p. 1.

      (2)  Regulation (EC) 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Community documents (OJ L 145, 31.5.2001, p. 43).

      (3)  Council Decision 2004/338/EC, Euratom of 22 March 2004 adopting the Council's Rules of Procedure (OJ L 106, 15.4.2004, p. 22).

      (4)  Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (OJ L 101, 11.4.2001, p. 1). Decision as amended by Decision 2004/194/EC (OJ L 63, 28.2.2004, p. 48).

      (5)  Decision of the Secretary-General of the Council/High Representative for Common Foreign and Security Policy of 25 June 2001 on a code of good administrative behaviour for the General Secretariat of the Council of the European Union and its staff in their professional relations with the public (OJ C 189, 5.7.2001, p. 1).

      (6)  OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1).

      (7)  OJ L 248, 16.9.2002, p. 1.


title: 2010/447/CFSP: Council Decision 2010/447/CFSP of 11 August 2010 extending the mandate of the European Union Special Representative for the Middle East peace process

text:
               12.8.2010

               EN

               Official Journal of the European Union

               L 211/39

         COUNCIL DECISION 2010/447/CFSP
   of 11 August 2010
   extending the mandate of the European Union Special Representative for the Middle East peace process
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and, in particular, Articles 28, 31(2) and 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 21 July 2003, the Council adopted Joint Action 2003/537/CFSP (1) appointing Mr Marc OTTE European Union Special Representative (hereinafter the EUSR) for the Middle East peace process.

               (2)

               On 22 February 2010, the Council adopted Decision 2010/107/CFSP (2) extending the mandate of the EUSR until 31 August 2010.

               (3)

               The mandate of the EUSR should be extended until 28 February 2011 or until the Council decides, on a proposal by the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter the HR), that appropriate corresponding functions to those under Decision 2010/107/CFSP have been established in the European External Action Service and terminates the mandate.

               (4)

               The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the Common Foreign and Security Policy objectives set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/107/CFSP is hereby amended as follows:

               1.

               Article 1 is replaced by the following:
               ‘Article 1
               European Union Special Representative
               The mandate of Mr Marc OTTE as the European Union Special Representative (EUSR) for the Middle East peace process is hereby extended until 28 February 2011 or until the Council decides, on a proposal by the High Representative, that appropriate corresponding functions to those under the current Decision have been established in the European External Action Service and terminates the mandate.’;

               2.

               Article 5 is replaced by the following:
               ‘Article 5
               Financing
               1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March 2010 to 31 August 2010 shall be EUR 730 000.
               2.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR for the period from 1 September 2010 to 28 February 2011 shall be EUR 585 000.
               3.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
               4.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.’.

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

      Done at Brussels, 11 August 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  OJ L 184, 23.7.2003, p. 45.

      (2)  OJ L 46, 23.2.2010, p. 8.


title: 2007/323/EC: Council Decision of 18 September 2006 on the signing and provisional application of the Agreement between the European Community and the Republic of Paraguay on certain aspects of air services

text:
               11.5.2007

               EN

               Official Journal of the European Union

               L 122/30

         COUNCIL DECISION
   of 18 September 2006
   on the signing and provisional application of the Agreement between the European Community and the Republic of Paraguay on certain aspects of air services
   (2007/323/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 5 June 2003 the Council decided to authorise the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               The Commission has negotiated, on behalf of the Community, an Agreement with the Republic of Paraguay on certain aspects of air services in accordance with the mechanisms and directives in the Annex to that Decision.

               (3)

               Subject to its conclusion at a later date, the Agreement negotiated by the Commission should be signed and provisionally applied,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Republic of Paraguay on certain aspects of air services is hereby approved on behalf of the Community, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the parties have notified each other of the completion of the necessary procedures for this purpose.
   Article 4
   The President of the Council is hereby authorised to make the notification provided for in Article 9(2) of the Agreement.

      Done at Brussels, 18 September 2006.

            For the Council

            The President

         J. KORKEAOJA

    ---documentbreak---

               11.5.2007

               EN

               Official Journal of the European Union

               L 122/31

         AGREEMENT
   between the European Community and the Republic of Paraguay on certain aspects of air services
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE REPUBLIC OF PARAGUAY,
   of the other part,
   (hereinafter referred to as the Parties),
   NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and the Republic of Paraguay containing provisions contrary to European Community law,
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the European Community and the Republic of Paraguay, which are contrary to European Community law, must be brought into conformity with it in order to establish a sound legal basis for air services between the European Community and the Republic of Paraguay and to preserve the continuity of such air services,
   NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume of air traffic between the European Community and the Republic of Paraguay, to affect the balance between Community air carriers and air carriers of the Republic of Paraguay, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community, ‘LACAC Member States’ shall mean Member States of the Latin American Civil Aviation Commission.
   2.   References in each of the agreements listed in Annex I to nationals of the Member State that is a party to the agreement concerned shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the agreements listed in Annex I to air carriers or airlines of the Member State that is a party to the agreement concerned shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation, authorisation and revocation
   1.   The provisions in paragraphs 2 and 3 shall supersede the corresponding provisions in the articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by the Republic of Paraguay, and in relation to the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   The provisions in paragraphs 4 and 5 shall supersede the corresponding provisions in the articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Republic of Paraguay, its authorisations and permissions granted by the Member State, and in relation to the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, the Republic of Paraguay shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established, under the Treaty establishing the European Community, in the territory of the designating Member State and has a valid Operating Licence in accordance with European Community law; and

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operators Certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, or by other States listed in Annex III and/or nationals of such other States.

         3.   The Republic of Paraguay may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established, under the Treaty establishing the European Community, in the territory of the designating Member State or does not have a valid Operating Licence in accordance with European Community law; or

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operators Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (iii)

               the air carrier is not owned and effectively controlled directly or through majority ownership by Member States and/or nationals of Member States, or by other States listed in Annex III and/or nationals of such other States; or

               (iv)

               the air carrier is already authorised to operate under a bilateral agreement between the Republic of Paraguay and another Member State and the Republic of Paraguay demonstrates that, by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, it would be circumventing restrictions on traffic rights imposed by that other agreement; or

               (v)

               the air carrier holds an Air Operators Certificate issued by a Member State and there is no bilateral air services agreement between the Republic of Paraguay and that Member State, and traffic rights to that Member State have been denied to the air carrier designated by the Republic of Paraguay.

         In exercising its right under this paragraph, the Republic of Paraguay shall not discriminate between Community air carriers on the grounds of nationality.
   4.   On receipt of a designation by the Republic of Paraguay, a Member State shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established in the Republic of Paraguay; and

               (ii)

               the Republic of Paraguay has and maintains effective regulatory control of the air carrier and is responsible for issuing its Air Operators Certificate; and

               (iii)

               the air carrier is owned and effectively controlled directly or through majority ownership by LACAC Member States and/or nationals of LACAC Member States.

         5.   A Member State may refuse, revoke, suspend or limit the authorisation or permissions of an air carrier designated by the Republic of Paraguay where:

               (i)

               the air carrier is not established in the Republic of Paraguay; or

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Republic of Paraguay or the Republic of Paraguay is not responsible for issuing its Air Operators Certificate; or

               (iii)

               the air carrier is not owned and effectively controlled directly or through majority ownership by LACAC Member States and/or nationals of LACAC Member States; or

               (iv)

               the air carrier is already authorised to operate under a bilateral agreement between the Member State and another LACAC Member State and the Member State demonstrates that, by exercising traffic rights under this Agreement on a route that includes a point in that other LACAC Member State, it would be circumventing restrictions on the traffic rights imposed by that other agreement.

         Article 3
   Safety
   1.   The provisions in paragraph 2 shall complement the Articles listed in Annex II(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of the Republic of Paraguay under the safety provisions of the agreement between the Member State that has designated the air carrier and the Republic of Paraguay shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Taxation of aviation fuel
   1.   The provisions in paragraph 2 and 3 shall complement the corresponding provisions in the Articles listed in Annex II(d).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex II(d) shall prevent Member States from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of the Republic of Paraguay that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
   3.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex II(d) shall prevent the Republic of Paraguay from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of a Member State that operates between a point in the territory of the Republic of Paraguay and another point in the territory of the Republic of Paraguay or in the territory of another LACAC Member State.
   Article 5
   Tariffs for carriage
   1.   The provisions in paragraph 2 and 3 shall complement the Articles listed in Annex II(e).
   2.   The tariffs to be charged by the air carrier(s) designated by the Republic of Paraguay under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law. European Community law shall be applied on a non-discriminatory basis.
   3.   The tariffs to be charged by the air carrier(s) designated by a Member State under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage between the Republic of Paraguay and another LACAC Member State shall be subject to Paraguayan law concerning price leadership. Paraguayan law shall be applied on a non-discriminatory basis.
   Article 6
   Compatibility with competition rules
   1.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex I shall:

               (i)

               favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition;

               (ii)

               reinforce the effects of any such agreement, decision or concerted practice; or

               (iii)

               delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.

         2.   The provisions contained in the agreements listed in Annex I that are incompatible with paragraph 1 shall not be applied.
   Article 7
   Annexes to this Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 8
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 9
   Entry into force and provisional application
   1.   This Agreement shall enter in force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Parties agree to apply this Agreement provisionally from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   Agreements and other arrangements between Member States and the Republic of Paraguay which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such agreements and arrangements upon their entry into force or provisional application.
   Article 10
   Termination
   1.   Should one of the agreements listed in Annex I be terminated, all provisions of this Agreement relating to the agreement concerned listed in that Annex shall terminate at the same time.
   2.   Should all agreements listed in Annex I be terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Brussels in duplicate, on the twenty-second day of February in the year two thousand and seven, in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages. In case of divergence the Spanish text shall prevail over the other language texts.

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

         За Република Парагвай
         Por la República del Paraguay
         Za Paraguayskou republiku
         For Republikken Paraguay
         Für die Republik Paraguay
         Paraguay Vabariigi nimel
         Για τη Δημοκρατία της Παραγoυάης
         For the Republic of Paraguay
         Pour la République du Paraguay
         Per la Repubblica del Paraguay
         Paragvajas Republikas vārdā
         Paragvajaus Respublikos vardu
         A Paraguayi Köztársaság részéről
         Għar-Repubblika tal-Paragwaj
         Voor de Republiek Paraguay
         W imieniu Republiki Paragwaju
         Pela República do Paraguai
         Pentru Republica Paraguay
         Za Paraguajskú republiku
         Za Republiko Paragvaj
         Paraguayn tasavallan puolesta
         För Republiken Paraguay

   ANNEX I
   List of Agreements referred to in Article 1 of this Agreement

               (a)

               Air service agreements between the Republic of Paraguay and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally

                           —

                           Air Transport Agreement between the Republic of Paraguay and the Federal Republic of Germany, signed in Bonn on 26 November 1974, hereinafter referred to as ‘Paraguay–Germany Agreement’ in Annex II,

                           —

                           Agreement between the Republic of Paraguay and the Kingdom of Belgium on scheduled air transport, signed in Asuncion on 1 September 1972, as modified by the Agreed Record signed in Brussels on 3 September 1982, hereinafter referred to as ‘Paraguay–Belgium Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Republic of Paraguay and the Government of Spain on air transport, signed in Madrid on 12 May 1976, as supplemented by the Agreed Record signed in Asuncion on 2 November 1978, by the Agreed Record signed in Asuncion on 1 September 1985, and by the Agreed Record signed in Madrid on 6 October 1992, hereinafter referred to as ‘Paraguay–Spain Agreement’ in Annex II,

                           —

                           Agreement between the Republic of Paraguay and the Kingdom of the Netherlands concerning scheduled air transport, signed in The Hague on 7 February 1974, hereinafter referred to as ‘Paraguay–Netherlands’ Agreement in Annex II;

               (b)

               Air service agreements and other arrangements initialled or signed between the Republic of Paraguay and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally

                           —

                           Draft Agreement between the Government of the Republic of Paraguay and the Government of the Italian Republic on air services between their respective territories, initialled in Rome on 18 July 1985 as Annex to the Agreed Record of Consultations, hereinafter referred to as ‘Draft Paraguay–Italy Agreement’ in Annex II,

                           —

                           Draft Agreement between the Government of the Republic of Paraguay and the Government of the United Kingdom of Great Britain and Northern Ireland concerning air services, initialled in Asuncion on 28 August 1998 as Annex B to the Agreed Protocol between the aeronautical authorities of the Republic of Paraguay and the United Kingdom, hereinafter referred to as ‘Draft Paraguay–United Kingdom Agreement’ in Annex II.

         ANNEX II
   List of Articles in the agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

               (a)

               Designation:

                           —

                           Article 3 of the Paraguay-Germany Agreement,

                           —

                           Article 3 of the Paraguay-Belgium Agreement,

                           —

                           Article 3 of the Paraguay-Spain Agreement,

                           —

                           Article 4 of the Draft Paraguay-Italy Agreement,

                           —

                           Article 3 of the Paraguay-Netherlands Agreement,

                           —

                           Article 4 of the Draft Paraguay-United Kingdom Agreement;

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 4 of the Paraguay-Germany Agreement,

                           —

                           Article 4 of the Paraguay-Belgium Agreement,

                           —

                           Article 4 of the Paraguay-Spain Agreement,

                           —

                           Article 5 of the Draft Paraguay-Italy Agreement,

                           —

                           Article 4 of the Paraguay-Netherlands Agreement,

                           —

                           Article 5 of the Draft Paraguay-United Kingdom Agreement;

               (c)

               Regulatory control:

                           —

                           Article 10 of the Draft Paraguay-Italy Agreement,

                           —

                           Article 14 of the Draft Paraguay-United Kingdom Agreement;

               (d)

               Taxation of aviation fuel:

                           —

                           Article 6 of the Paraguay-Germany Agreement,

                           —

                           Article 5 of the Paraguay-Belgium Agreement,

                           —

                           Article 5 of the Paraguay-Spain Agreement,

                           —

                           Article 6 of the Draft Paraguay-Italy Agreement,

                           —

                           Article 5 of the Paraguay-Netherlands Agreement,

                           —

                           Article 8 of the Draft Paraguay-United Kingdom Agreement;

               (e)

               Tariffs for carriage within the European Community:

                           —

                           Article 9 of the Paraguay-Germany Agreement,

                           —

                           Article 9 of the Paraguay-Belgium Agreement,

                           —

                           Article 6 of the Paraguay-Spain Agreement,

                           —

                           Article 8 of the Draft Paraguay-Italy Agreement,

                           —

                           Article 9 of the Paraguay-Netherlands Agreement,

                           —

                           Article 7 of the Draft Paraguay-United Kingdom Agreement.

         ANNEX III
   List of other States referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


title: 2009/745/EC: Council Decision of 24 September 2009 appointing four Czech members and seven Czech alternate members of the Committee of the Regions

text:
               9.10.2009

               EN

               Official Journal of the European Union

               L 265/40

      COUNCIL DECISION

   of 24 September 2009
   appointing four Czech members and seven Czech alternate members of the Committee of the Regions
   (2009/745/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Czech Government,
   Whereas:

               (1)

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

               (2)

               Four members' seats on the Committee of the Regions have become vacant following the end of the term of office of Mr Stanislav JURÁNEK, Mr Josef PAVEL, Mr Evžen TOŠENOVSKÝ and Mr Jan ZAHRADNÍK. Seven alternate members' seats have become vacant following the end of the term of office of Mr Petr BENDL, Mr Pavel HORÁK, Mr Miloš VYSTRČIL, Mr Rostislav VŠETEČKA, Mr Jiří ŠULC, Mr Petr SKOKAN and Mr Petr ZIMMERMANN,

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

               (a)

               as members:

                           —

                           Mr Stanislav EICHLER, President of Liberec Region,

                           —

                           Mr Josef NOVOTNÝ, President of Karlovy Vary Region,

                           —

                           Mr Jaroslav PALAS, President of Moravia-Silesia Region,

                           —

                           Mr Jiří ZIMOLA, President of South Bohemian Region,

                     and

               (b)

               as alternate members:

                           —

                           Mr Radko MARTÍNEK, President of Pardubice Region,

                           —

                           Mr Martin TESAŘÍK, President of Olomouc Region,

                           —

                           Mr David RATH, President of Central Bohemia Region,

                           —

                           Mr Jiří BĚHOUNEK, President of Vysočina Region,

                           —

                           Ms Milada EMMEROVÁ, President of Pilsen Region,

                           —

                           Mr Stanislav MIŠÁK, President of Zlín Region,

                           —

                           Mr Lubomír FRANC, President of Hradec Králové Region.

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

      Done at Brussels, 24 September 2009.

            For the Council

            The President

         M. OLOFSSON

      (1)  OJ L 56, 25.2.2006, p. 75.


title: Council Decision 2013/726/CFSP of 9 December 2013 in support of the UNSCR 2118 (2013) and OPCW Executive Council EC-M-33/Dec 1, in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction

text:
               10.12.2013

               EN

               Official Journal of the European Union

               L 329/41

         COUNCIL DECISION 2013/726/CFSP
   of 9 December 2013
   in support of the UNSCR 2118 (2013) and OPCW Executive Council EC-M-33/Dec 1, in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 26(2) and Article 31(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 27 September 2013, the Executive Council of the Organisation for the Prohibition of Chemical Weapons (OPCW) adopted a ‘Decision on the destruction of Syrian chemical weapons’ during its EC-M-33 session.

               (2)

               On 27 September 2013, the United Nations Security Council adopted Resolution 2118 (2013), endorsing the OPCW Executive Council Decision and expressing deep outrage at the use of chemical weapons on 21 August 2013 in Rif Damascus, as concluded in the UN Mission's report, condemning the killing of civilians that resulted from it, affirming that the use of chemical weapons constitutes a serious violation of international law, and stressing that those responsible for any use of chemical weapons must be held accountable; as well as stressing that the only solution to the current crisis in the Syrian Arab Republic is through an inclusive and Syrian-led political process based on the Geneva Communiqué of 30 June 2012, and emphasising the need to convene the international conference on Syria as soon as possible.

               (3)

               By means of a declaration, the Government of the Syrian Arab Republic acknowledged the existence of a large scale chemical weapons programme and considerable quantities of chemical weapons, including hazardous toxic chemical components of such weapons, posing serious non-proliferation, disarmament and security concerns.

               (4)

               Following the accession of the Syrian Arab Republic to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (hereinafter the ‘Chemical Weapons Convention’ or ‘CWC’), effective from 14 October 2013, the OPCW is responsible for verifying Syria's compliance with the CWC and the terms of any relevant OPCW Executive Council Decisions and, as part of the Joint Mission, for overseeing compliance with the terms of any relevant UNSC resolutions.

               (5)

               On 16 October 2013, the OPCW Director-General reminded States Parties to the CWC (note S/1132/2013) that in its decision on the ‘Destruction of Syrian Chemical Weapons’ (EC-M-33/DEC.1), the Executive Council decided, inter alia, ‘to consider, on an urgent basis, the funding mechanisms for activities carried out by the Secretariat with respect to the Syrian Arab Republic, and to call upon all States Parties in a position to do so to provide voluntary contributions for activities carried out in the implementation of this decision’. In the same note, an appeal was made ‘to all States Parties to consider making their own voluntary contribution, in whatever amount, to the Trust Fund for Syria to help address what is perhaps one of the most daunting challenges in the history of the Organisation’. The Trust Fund can also accept contributions from other sources, including non-governmental organisations, institutions, or private donors.

               (6)

               The Council of the European Union in its conclusions on 21 October 2013 welcomed the OPCW Executive Council Decision and UNSCR 2118, and reiterated the Union's readiness to consider support.

               (7)

               On 12 December 2003, the European Council adopted the EU Strategy against Proliferation of Weapons of Mass Destruction (the ‘Strategy’), Chapter III of which contains a list of measures that need to be taken both within the Union and in third countries to combat such proliferation.

               (8)

               The Strategy underlines the crucial role of the CWC and of the OPCW in creating a world free of chemical weapons.

               (9)

               The Union is actively implementing the Strategy and is giving effect to the measures listed in Chapter III thereof, in particular through releasing financial resources to support specific projects conducted by multilateral institutions, such as the OPCW. Accordingly, on 23 March 2012, the Council adopted Decision 2012/166/CFSP (1) in support of activities of the OPCW.

               (10)

               On 21 November 2013, the Director-General of OPCW made a request to the Union for a contribution to the Trust Fund for Syria.

               (11)

               The technical implementation of this Decision should be entrusted to the OPCW. The projects as supported by the Union can only be financed through voluntary contributions to the OPCW Trust Fund. Such contributions to be provided by the Union will be instrumental in enabling the OPCW to fulfil the tasks as indicated in the relevant OPCW Executive Council Decisions of 27 September and 15 November 2013, and in UNSCR 2118 of 27 September 2013.

               (12)

               The supervision of the proper implementation of the Union's financial contribution should be entrusted to the Commission,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The Union shall support the OPCW activities by contributing to costs associated with the inspection and verification of the destruction of Syrian chemical weapons, as well as costs associated with activities complementary to the core mandated tasks in support of UNSCR 2118 (2013) and the OPCW Executive Council Decision of 27 September 2013 on the destruction of Syrian chemical weapons and subsequent and related resolutions and decisions.
   2.   The project supported through this Council Decision is the provision of situation-awareness products related to the security of the OPCW-UN Joint Mission, including the status of the road network through the delivery to OPCW of satellite imagery and related information products of the EU Satellite Centre (EU SATCEN).
   A detailed description of the project is set out in the Annex.
   Article 2
   1.   The High Representative of the Union for Foreign Affairs and Security Policy (the ‘HR’) shall be responsible for the implementation of this Decision.
   2.   The technical implementation of the activities referred to in Article 1(2) shall be entrusted to the OPCW. It shall perform this task under the responsibility of the HR. For this purpose, the HR shall enter into the necessary arrangements with the OPCW.
   Article 3
   1.   The financial reference amount for the implementation of the project referred to in Article 1(2) shall be EUR 2 311 842.
   2.   The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the Union budget.
   3.   The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with the OPCW. The financing agreement shall stipulate that the OPCW is to ensure visibility of the Union's contribution, appropriate to its size.
   4.   The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.
   Article 4
   1.   The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the OPCW. Those reports shall form the basis for the evaluation by the Council.
   2.   The Commission shall provide the Council with information on the financial aspects of the implementation of the project referred to in Article 1(2).
   Article 5
   1.   This Decision shall enter into force on the day of its adoption.
   2.   It shall expire 12 months after the date of the conclusion of the financing agreement between the Commission and the OPCW referred to in Article 3(3), or it shall expire on 10 June 2014 if no such financing agreement has been concluded before that date.

      Done at Brussels, 9 December 2013.

            For the Council

            The President

         A. PABEDINSKIENĖ

      (1)  Council Decision 2012/166/CFSP of 23 March 2012 in support of activities of the Organisation for the Prohibition of Chemical Weapons (OPCW) in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 87, 24.3.2012, p. 49).

      ANNEX

         EUROPEAN UNION SUPPORT OF THE UNSCR 2118 (2013) AND OPCW EXECUTIVE COUNCIL EC-M-33/DEC.1, IN THE FRAMEWORK OF THE IMPLEMENTATION OF THE EU STRATEGY AGAINST PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

         Project:   Providing satellite imagery support to the OPCW within the OPCW-UN Joint Mission

         Objective:
      To support OPCW within the OPCW-UN Joint Mission in its tasks under relevant UNSRs and OPCW Executive Council Decisions, as well as the terms of the Chemical Weapons Convention.

         Results:
      Assessment of the status of the road network, in particular the identification of road blocks and areas of road movement difficulties and; reinforcement of situation awareness in the field related to the security of the OPCW-UN Joint Mission deployed in Syria and in regard to locations to be visited/inspected.

         Activities:
      Support to OPCW will be provided through delivery of up to 5 satellite imagery products of the EU Satellite Centre (EU SATCEN) per week for a total duration starting from the signing of the contract until 31 December 2014.
      The UN and the OPCW will develop their activities in cooperation with relevant partners, including international organisations and agencies, to ensure effective synergies and avoid duplication.


Important legal notice

|

E2000C0330(03)

Compatibility pursuant to Article 61 of the EEA Agreement and Article 3(1) of the Act referred to in point 1b of Annex XV to the EEA Agreement - EFTA Surveillance Authority decision not to raise objections

Official Journal C 091 , 30/03/2000 P. 0007 - 0007

Compatibility pursuant to Article 61 of the EEA Agreement and Article 3(1) of the Act referred to in point 1b of Annex XV to the EEA AgreementEFTA Surveillance Authority decision not to raise objections(2000/C 91/09)Date of adoption: 16.12.1999EFTA State: NorwayAid No: 99-009Title: Amendment and Prolongation of State Aid to the Shipbuilding Industry (Grants for shipbuilding and ship conversion; Export credit guarantees for ships)Objectives: Contract-related aid to the shipbuilding industryLegal basis: Annual State Budget; Grants: Regulation on the administration of the grant scheme for shipbuilding (/Regelverk for forvalting av statleg støtte ved bygging av skip); /Guarantees: GIEK Export Credit Guarantees Scheme (/Vedtekter for Garanti-Instituttet for Eksportkreditt (GIEK) and Stortingvedtak av 25. Mai 1993 for alminnelig ordning med senere endringer)Budget: Grant scheme: NOK 507,5 million for 1999 and NOK 687,5 million for 2000Form of aid: Grants and guaranteesAid intensity: Grants: 9 % of the contract value for new-buildings with a contract value exceeding Euro 10 million and 4,5 % of the contract value for smaller vessels and ship conversionsDuration: Until 31 December 2000


title: Commission Decision of 17 February 2010 appointing the members of the European Consumer Consultative Group and their alternates

text:
               27.2.2010

               EN

               Official Journal of the European Union

               C 50/4

         COMMISSION DECISION
   of 17 February 2010
   appointing the members of the European Consumer Consultative Group and their alternates
   2010/C 50/03
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Commission Decision 2009/705/EC of 14 September 2009 setting up a European Consumer Consultative Group (1), and in particular Article 4 thereof,
   Whereas:

               (1)

               The mandate of the current members of the European Consumer Consultative Group expired on 14 November 2009.

               (2)

               Therefore, it is necessary to appoint new members and alternates for a three-year period, on the basis of the proposals put forward by the Member States and the European consumer organisations,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following persons are appointed members or alternates of the European Consumer Consultative Group for a three-year term of office:

               Members

               Alternates

               Gilles de HALLEUX (BE)

               Thibault WILLAERT (BE)

               Asen NENOV (BG)

               Bogomil NIKOLOV (BG)

               Karel PAVLÍK (CZ)

               Libor DUPAL (CZ)

               Rasmus KJELDAHL (DK)

               Benedicte FEDERSPIEL (DK)

               Cornelia TAUSCH (DE)

               Heinz WILLNAT (DE)

               Linda LÄÄNESAAR (EE)

               Enn-Toivo ANNUK (EE)

               James DOORLEY (IE)

               Dermott JEWELL (IE)

               Evangelia KEKELEKI (EL)

               Konstantinos DAGKOS (EL)

               Conchy MARTIN REY (ES)

               Eugenio RIBÓN SEISDEDOS (ES)

               Sandrine PERROIS (FR)

               Elsa COHEN (FR)

               Massimiliano DONA (IT)

               Carlo PILERI (IT)

               Giorgos TZIAPOURAS (CY)

               Maria FOTIOU (CY)

               Baiba MILTOVIČA (LV)

               Aivars SMAGARS (LV)

               Eglė KYBARTIENĖ (LT)

               Zita ČEPONYTÉ (LT)

               Eugène KIRSCH (LU)

               Bob SCHMITZ (LU)

               Zsolt HAJNAL (HU)

               Anita CZÁR (HU)

                  To be defined (MT)

                  To be defined (MT)

               Rogier KLIMBIE (NL)

               Rob DORSCHEIDT (NL)

               Karl KOLLMANN (AT)

               Ulrike DOCEKAL (AT)

               Olesia FRĄCZEK (PL)

               Grażyna ROKICKA (PL)

               Luís SILVEIRA RODRIGUES (PT)

               Patrícia GOMES (PT)

               Emil BOJIN (RO)

               Sorin TOMA (RO)

               Breda KUTIN (SI)

               Živa DROL NOVAK (SI)

               Miroslav TULÁK (SK)

               Božena STAŠENKOVÁ (SK)

               Tuula SARIO (FI)

               Kaisa PANNIMAA-PÄTSI (FI)

               Jens HENRIKSSON (SE)

               Jan BERTOFT (SE)

               Michelle SMYTH (UK)

               Jill JOHNSTONE (UK)

               Stephen RUSSELL (ANEC)

               Chiara GIOVANNINI (ANEC)

               Monique GOYENS (BEUC)

               Ursula PACHL (BEUC)

      Done at Brussels, 17 February 2010.

            For the Commission,

            On behalf of the President,

         Robert MADELIN

            Director-General for Health and Consumers

      (1)  OJ L 244, 16.9.2009, p. 21.


title: 2013/169/EU: Decision of the European Central Bank of 20 March 2013 on the rules concerning the use as collateral for Eurosystem monetary policy operations of own-use uncovered government-guaranteed bank bonds (ECB/2013/6)

text:
               5.4.2013

               EN

               Official Journal of the European Union

               L 95/22

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 20 March 2013
   on the rules concerning the use as collateral for Eurosystem monetary policy operations of own-use uncovered government-guaranteed bank bonds
   (ECB/2013/6)
   (2013/169/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the first indent of Article 3.1 and Articles 12.1, 14.3 and Article 18.2 thereof,
   Whereas:

               (1)

               Pursuant to Article 18.1 of the Statute of the European System of Central Banks and of the European Central Bank, the European Central Bank (ECB) and the national central banks of Member States whose currency is the euro (hereinafter the ‘NCBs’) may conduct credit operations with credit institutions and other market participants, with lending being based on adequate collateral. The standard conditions under which the ECB and the NCBs stand ready to enter into credit operations, including the criteria determining the eligibility of collateral for the purposes of Eurosystem credit operations, are laid down in Annex I to Guideline ECB/2011/14 of 20 September 2011 on monetary policy instruments and procedures of the Eurosystem (1).

               (2)

               Pursuant to Section 1.6 of Annex I to Guideline ECB/2011/14, the Governing Council may, at any time, change the instruments, conditions, criteria and procedures for the execution of Eurosystem monetary policy operations.

               (3)

               The direct use of own-use uncovered government-guaranteed bank bonds and the indirect use of such bonds where they are included in the pool of covered bonds issued by the same counterparty that issued the uncovered bank bonds or by entities closely linked to that counterparty should be completely excluded as collateral for Eurosystem monetary policy operations from 1 March 2015. In exceptional circumstances, counterparties participating in Eurosystem monetary policy operations could be granted by the Governing Council temporary derogations from this prohibition.

               (4)

               The terms of this exclusion should be laid down in an ECB Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   Changes in the rules concerning the use as collateral of own-use uncovered government-guaranteed bank bonds
   1.   From 1 March 2015, uncovered bank bonds issued by the counterparty using them or by entities closely linked to the counterparty and fully guaranteed by one or several European Economic Area (EEA) public sector entities which have the right to levy taxes may no longer be used as collateral for Eurosystem monetary policy operations by such counterparty either: (a) directly; or (b) indirectly where they are included in the pool of covered bonds issued by the same counterparty that issued the uncovered bank bonds or by entities closely linked to that counterparty.
   2.   In exceptional cases, the Governing Council may decide on temporary derogations from the prohibition laid down in paragraph 1 for a maximum of three years. A request for a derogation shall be accompanied by a funding plan that indicates how the own use of uncovered government-guaranteed bank bonds by the requesting counterparty will be phased out by no later than three years following the granting of the derogation.
   3.   In the event of any discrepancy between this Decision, Guideline ECB/2011/14 and Guideline ECB/2013/4 of 20 March 2013 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral (2), in each case as implemented at national level by the NCBs, this Decision shall prevail.
   Article 2
   Entry into force
   This Decision shall enter into force on 22 March 2013.

      Done at Frankfurt am Main, 20 March 2013.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 331, 14.12.2011, p. 1.

      (2)  See page 23 of this Official Journal.


Avis juridique important

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32001D0920

2001/920/EC: Council Decision of 4 December 2001 on the conclusion of an Additional Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks

Official Journal L 342 , 27/12/2001 P. 0079 - 0081

Council Decisionof 4 December 2001on the conclusion of an Additional Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks(2001/920/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2) and with Article 300(4), thereof,Having regard to the proposal from the Commission,Whereas:(1) The Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part(1), hereinafter referred to as the "Europe Agreement", entered into force on 1 February 1999.(2) In accordance with the Directives adopted by the Council on 17 April 1996, the Commission and the Republic of Slovenia have completed negotiations on new reciprocal trade concessions for certain wines and on the reciprocal recognition, protection and control of wine names and spirit designations. In order to ensure consistency with other applicant countries, the results of these negotiations should be integrated into the framework of the Europe Agreement in the form of an Additional Protocol.(3) Provision to adopt the implementing Regulations on preferential trade concessions provided for certain wines, should be made by the Commission, assisted by the Customs Code Committee set up by Article 248a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(2), notwithstanding Article 62 of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(3). The Commission should make the necessary amendments and technical adaptations to the implementing Regulations which might result from new preferential agreements, protocols, Exchanges of Letters or other acts concluded between the European Community and the Republic of Slovenia, or which are necessary following the changes to the Combined Nomenclature and TARIC codes.(4) In order to facilitate the implementation of certain provisions of the Protocol, the Commission should be authorised to approve, on behalf of the Community, decisions amending the lists and the Protocols to the Agreement on the reciprocal recognition, protection and control of wine names (Annex II to the Protocol) and to the Agreement on the reciprocal recognition, protection and control of designations of spirits and aromatised drinks (Annex III to the Protocol). In adopting these acts, the Commission should be assisted by the Management Committee for Wine set up by Article 74 of Regulation (EC) No 1493/1999, on the one hand, and by the Implementation Committee for Spirit Drinks set up by Article 13 of Council Regulation (EC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks(4) and by the Implementation Committee set up by Article 12 of Council Regulation (EEC) No 1601/1991 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, wine-based drinks and aromatised wine-product cocktails(5), on the other hand.(5) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(6),HAS DECIDED AS FOLLOWS:Article 1The Additional Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential trade concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks (hereinafter referred to as "the Protocol"), is hereby approved on behalf of the Community.The text of the Protocol is attached to this Decision.Article 21. The President of the Council is hereby authorised to designate the person empowered to sign the Protocol on behalf of the Community in order to express the consent of the Community to be bound.2. The President of the Council shall, on behalf of the Community, make the notification of approval provided for in Article 3 of the Protocol.Article 3Provisions for the application of the tariff quotas for certain wines provided in Annex I to the Protocol, as well as amendments and technical adaptations to the implementing Regulations necessary following changes to the Combined Nomenclature codes and to the TARIC subdivisions or arising from the conclusion of new agreements, protocols, exchanges of letters or other acts between the Community and the Republic of Slovenia, shall be adopted by the Commission according to the procedure set out in Article 4(2) of this Decision, without prejudice to Article 62 of Regulation (EC) No 1493/1999.Article 41. The Commission shall be assisted by the Customs Code Committee set up by Article 248a of Regulation (EEC) No 2913/92.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 51. For the purposes of the decisions of the Association Committee concerning the establishment of lists of protected names provided for in Article 4(7) and in Article 14(2)(a) of the Agreement on the reciprocal recognition, protection and control of wine names, the Community's position shall be established by the Council acting by qualified majority on a proposal from the Commission.2. Without prejudice to paragraph 1, for the purposes of Articles 13 and 14 of the Agreement on the reciprocal recognition, protection and control of wine names, the Commission shall conclude the necessary acts amending the lists and the Protocol to the Agreement according to the procedure set out in Article 6(2) of this Decision. For all other cases coming under the above Articles, the Community position shall be established and presented by the Commission.Article 61. The Commission shall be assisted by the Management Committee for Wine instituted by Article 74 of Regulation (EC) No 1493/1999.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.3. The Committee shall adopt its rules of procedure.Article 71. For the purposes of the decisions of the Association Committee concerning the establishment of lists of protected designations provided for in Article 4(7) and in Article 14(2)(a) of the Agreement on the reciprocal recognition, protection and control of designations for spirits and aromatised drinks, the Community's position shall be established by the Council acting by qualified majority on a proposal from the Commission.2. Without prejudice to paragraph 1, for the purposes of Articles 13 and 14 of the Agreement on the reciprocal recognition, protection and control of designations for spirits and aromatised drinks, the Commission shall conclude the necessary acts amending the lists and the Protocol to the Agreement according to the procedure set out in Article 8(2) of this Decision. For all other cases coming under the above Articles, the Community position shall be established and presented by the Commission.Article 81. The Commission shall be assisted by the Implementation Committee for Spirit Drinks set up by Article 13 of Regulation (EEC) No 1576/89 and by the Implementation Committee for Aromatised Wines, Aromatised Wine-Based Drinks and Aromatised Wine-Product Cocktails set up by Article 12 of Council Regulation (EEC) No 1601/91.2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.The period provided for in Article 5(6) of Decision 1999/468/EC shall be set at one month.3. The Committee shall adopt their rules of procedure.Article 9This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 4 December 2001.For the CouncilThe PresidentD. Reynders(1) OJ L 51, 26.2.1999, p. 3.(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 (OJ L 311, 12.12.2000, p. 17).(3) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 2826/2000 (OJ L 328, 23.12.2000, p. 2).(4) OJ L 160, 12.6.1989, p. 1. Regulation as last amended by Regulation (EC) No 3378/94 of the European Parliament and of the Council (OJ L 366, 31.12.1994, p. 1).(5) OJ L 149, 14.6.1991, p. 1. Regulation as last amended by Regulation (EC) No 2061/96 of the European Parliament and of the Council (OJ L 277, 30.10.1996, p. 1).(6) OJ L 184, 17.7.1999, p. 23.


Decision on the numerical strength of the committees