Avis juridique important

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31981D0960

81/960/EEC: Council Decision of 3 November 1981 appointing an alternate member of the Advisory Committee on Veterinary Training

Official Journal L 354 , 09/12/1981 P. 0020 - 0020

+++++( 1 ) OJ NO L 362 , 23 . 12 . 1978 , P . 10 .  ( 2 ) OJ NO L 52 , 26 . 2 . 1980 , P . 11 .  COUNCIL DECISION OF 3 NOVEMBER 1981 APPOINTING AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON VETERINARY TRAINING ( 81/960/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO COUNCIL DECISION 78/1028/EEC OF 18 DECEMBER 1978 SETTING UP AN ADVISORY COMMITTEE ON VETERINARY TRAINING ( 1 ) , AND IN PARTICULAR ARTICLES 3 AND 4 THEREOF ,  WHEREAS , BY ITS DECISION 80/238/EEC ( 2 ) , THE COUNCIL APPOINTED DR LENELLE , ALTERNATE MEMBER , FOR THE PERIOD ENDING 17 FEBRUARY 1983 ;  WHEREAS , ON 14 OCTOBER 1981 , THE GOVERNMENT OF BELGIUM NOMINATED DR A . SOULIER TO REPLACE DR LENELLE ,  HAS DECIDED AS FOLLOWS :  SOLE ARTICLE  DR A . SOULIER IS HEREBY APPOINTED ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON VETERINARY TRAINING IN PLACE OF DR LENELLE FOR THE REMAINDER OF THE LATTER'S TERM OF OFFICE , WHICH RUNS UNTIL 17 FEBRUARY 1983 .  DONE AT BRUSSELS , 3 NOVEMBER 1981 .  FOR THE COUNCIL  THE PRESIDENT  N . MARTEN


title: 2005 /38/EC: Commission Decision of 27 December 2004 on the allocation of additional days absent from port to the Netherlands in accordance with Annex V to Council Regulation (EC) No 2287/2003 (notified under document number C(2004) 5269)

text:
               21.1.2005

               EN

               Official Journal of the European Union

               L 19/75

      COMMISSION DECISION

   of 27 December 2004
   on the allocation of additional days absent from port to the Netherlands in accordance with Annex V to Council Regulation (EC) No 2287/2003
   (notified under document number C(2004) 5269)
   (Only the Dutch text is authentic)
   (2005/38/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 2287/2003 of 19 December 2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (1), and in particular paragraph 6(c) of Annex V,
   Whereas:

               (1)

               Paragraph 6(a) of Annex V to Regulation (EC) No 2287/2003 specifies the number of days on which certain Community fishing vessels may be absent from port in the geographical areas defined in paragraph 2 of that Annex from 1 February 2004 to 31 December 2004.

               (2)

               Paragraph 6(c) of that Annex enables the Commission to allocate an additional number of days on which a vessel may be absent from port while carrying on board any of the gears defined in paragraph 4 of that Annex on the basis of the achieved results of decommissioning programmes since 1 January 2002 for fishing vessels affected by the provisions of that Annex.

               (3)

               The Netherlands have submitted data on the decommissioning in 2002 and 2003 of fishing vessels carrying on board beam trawls of mesh size equal to or greater than 80 mm.

               (4)

               In the view of the data submitted, an additional number of days should be allocated to the Netherlands for fishing vessels carrying on board such fishing gears defined in paragraph 4(b) of Annex V to Regulation (EC) No 2287/2003,

         HAS ADOPTED THIS DECISION:
   Article 1
   Two additional days, in relation to those set out in paragraph 6(a) of Annex V to Regulation (EC) No 2287/2003, shall be allocated to the Netherlands in each calendar month for vessels carrying on board beam trawls of mesh size equal to or greater than 80 mm.
   Article 2
   This Decision is addressed to the Kingdom of the Netherlands.

      Done at Brussels, 27 December 2004.

            For the Commission

         Joe BORG

            Member of the Commission

      (1)  OJ L 344, 31.12.2003, p. 1. Regulation as last amended by Regulation (EC) No 1928/2004 (OJ L 332, 6.11.2004, p. 5).


title: 2011/551/EU, Euratom: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the Education, Audiovisual and Culture Executive Agency for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/75

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the Education, Audiovisual and Culture Executive Agency for the financial year 2009
   (2011/551/EU, Euratom)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2009 (1),

               —

               having regard to the annual accounts of the European Union for the financial year 2009 (SEC(2010) 963 — C7-0211/2010) (2),

               —

               having regard to the final annual accounts of the Education, Audiovisual and Culture Executive Agency for the financial year 2009,

               —

               having regard to the Commission’s report on the follow-up to the discharge for the 2008 financial year (COM(2010) 650), and to the Commission staff working documents accompanying that report (SEC(2010) 1437 and SEC(2010) 1438),

               —

               having regard to the Commission communication of 2 June 2010 entitled ‘Synthesis of the Commission’s management achievements in 2009’ (COM(2010) 281),

               —

               having regard to the Commission’s annual report to the discharge authority on internal audits carried out in 2009 (COM(2010) 447), and to the Commission staff working document accompanying that report (SEC(2010) 994),

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Education, Audiovisual and Culture Executive Agency for the financial year 2009, together with the Agency’s 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 287 of the Treaty on the Functioning of the European Union (4),

               —

               having regard to the Council’s recommendation of 15 February 2011 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2009 (05893/2011 — C7-0054/2011),

               —

               having regard to Articles 274, 275 and 276 of the EC Treaty, Article 17(1) of the Treaty on European Union, Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union and Articles 179a and 180b of the Euratom 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) as amended by Council Regulations (EC, Euratom) No 1995/2006 (6) and (EC) No 1525/2007 (7), and in particular Articles 55, 145, 146 and 147 thereof,

               —

               having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (8), and in particular Article 14(3) thereof,

               —

               having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (9), and in particular the first and second paragraphs of Article 66 thereof,

               —

               having regard to Commission Decision 2005/56/EC of 14 January 2005 setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003 (10),

               —

               having regard to Rule 76 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A7-0134/2011),

               A.

               whereas under Article 17(1) of the Treaty on European Union the Commission shall execute the budget and manage programmes and shall do so, under Article 317 of the Treaty on the Functioning of the European Union in cooperation with the Member States on its own responsibility, having regard to the principle of sound financial management,

               1.

               Grants the Director of the Education, Audiovisual and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution that forms an integral part of the Decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2009, Section III – Commission and executive agencies;

               3.

               Instructs its President to forward this Decision, together with the Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section III – Commission and the resolution that forms an integral part of those Decisions, to the Director of the Education, Audiovisual and Culture Executive Agency, the Council, the Commission, the Court of Justice of the European Union and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 69, 13.3.2009.

      (2)  OJ C 308, 12.11.2010, p. 1.

      (3)  OJ C 338, 14.12.2010, p. 65.

      (4)  OJ C 308, 12.11.2010, p. 129.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  OJ L 390, 30.12.2006, p. 1.

      (7)  OJ L 343, 27.12.2007, p. 9.

      (8)  OJ L 11, 16.1.2003, p. 1.

      (9)  OJ L 297, 22.9.2004, p. 6.

      (10)  OJ L 24, 27.1.2005, p. 35.


Avis juridique important

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32001D0330

2001/330/EC: Council Decision of 9 April 2001 on the conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the former Yugoslav Republic of Macedonia, of the other part

Official Journal L 124 , 04/05/2001 P. 0001 - 0001

Council Decisionof 9 April 2001on the conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the former Yugoslav Republic of Macedonia, of the other part(2001/330/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first subparagraph, first sentence thereof,Having regard to the proposal from the Commission,Whereas:(1) Pending the entry into force of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, signed in Luxembourg on 9 April 2001, it is necessary to approve the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the former Yugoslav Republic of Macedonia, of the other part.(2) The commercial provisions contained in this agreement are of an exceptional nature, connected with the policy implemented within the framework of the stabilisation and association process and will not constitute, for the European Union, any precedent in the commercial policy of the Community with regard to third countries other than those of the Western Balkans.(3) This Agreement should therefore be approved on behalf of the Community,HAS DECIDED AS FOLLOWS:Article 1The Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, the Annexes and Protocols annexed thereto and the declarations attached to the Final Act are hereby approved on behalf of the Community.The texts referred to in the first paragraph are attached to this Decision.Article 2The President of the Council is hereby authorised to designate the persons empowered, on behalf of the Community, to deposit the act of notification provided for in Article 50 of the Agreement.Done in Luxembourg, on 9 April 2001.For the CouncilThe PresidentA. Lindh


title: Council Decision 2008/651/CFSP/JHA of 30 June 2008 on the signing, on behalf of the European Union, of an Agreement between the European Union and Australia on the processing and transfer of European Union-sourced passenger name record (PNR) data by air carriers to the Australian Customs Service

text:
               8.8.2008

               EN

               Official Journal of the European Union

               L 213/47

         COUNCIL DECISION 2008/651/CFSP/JHA
   of 30 June 2008
   on the signing, on behalf of the European Union, of an Agreement between the European Union and Australia on the processing and transfer of European Union-sourced passenger name record (PNR) data by air carriers to the Australian Customs Service
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 24 and 38 thereof,
   Whereas:

               (1)

               On 28 February 2008 the Council decided to authorise the Presidency, assisted by the Commission, to open negotiations for an Agreement between the European Union and Australia on the processing and transfer of European Union-sourced passenger name record (PNR) data by air carriers to the Australian Customs Service. Those negotiations have been successful and a draft Agreement has been drawn up.

               (2)

               This Agreement contains detailed assurances for the protection of PNR data transferred from the European Union concerning passenger flights to or from Australia.

               (3)

               Australia and the European Union will periodically review the implementation of the Agreement, so as to allow the Parties, in the light of such a review, to take any action deemed necessary.

               (4)

               The Agreement should be signed, subject to its conclusion at a later date.

               (5)

               Article 15(2) of the Agreement provides that the Agreement will be applied provisionally as of the date of signature. Member States should therefore give effect to its provisions as from that date in conformity with existing domestic law. A Declaration to that effect will be made at the time of signature of the Agreement,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Union and Australia on the processing and transfer of European Union-sourced passenger name record (PNR) data by air carriers to the Australian Customs Service, is hereby approved on behalf of the European Union, 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 European Union, subject to its conclusion.
   Article 3
   In accordance with Article 15(2) of the Agreement, the provisions of the Agreement shall be applied on a provisional basis in conformity with existing domestic law as of the date of its signature, pending its entry into force. The annexed Declaration on provisional application is to be made at the time of signature.

      Done at Brussels, 30 June 2008.

            For the Council

            The President

         D. RUPEL

   ANNEX
   Declaration to be made on behalf of the European Union at the time of the signature of the Agreement between the European Union and Australia on the processing and transfer of European Union-sourced passenger name record (PNR) data by air carriers to the Australian customs service

      ‘This Agreement, while not derogating from or amending the legislation of the EU or its Member States, will, pending its entry into force, be implemented provisionally by the Member States in good faith, in the framework of their existing national laws.’

    ---documentbreak---

               8.8.2008

               EN

               Official Journal of the European Union

               L 213/49

         AGREEMENT
   between the European Union and Australia on the processing and transfer of European Union-sourced passenger name record (PNR) data by air carriers to the Australian customs service
   THE EUROPEAN UNION
   of the one part, and
   AUSTRALIA
   of the other part,
   DESIRING effectively to prevent and combat terrorism and related crimes and other serious crimes, including organised crime, that are transnational in nature as a means of protecting their respective democratic societies and common values,
   RECOGNISING that information sharing is an essential component of the fight against terrorism and related crimes and other serious crimes, including organised crime, that are transnational in nature, and that in this context, the use of passenger name record (PNR) data is an important tool,
   RECOGNISING that, in order to safeguard public security and for law enforcement purposes, rules should be laid down to govern the transfer of European Union-sourced PNR data by air carriers to the Australian Customs Service,
   RECOGNISING the importance of preventing and combating terrorism and related crimes and other serious crimes, including organised crime, that are transnational in nature, while respecting fundamental rights and freedoms, in particular privacy and data protection,
   RECOGNISING that European Union and Australian data-protection law, policy and principles share a common basis and that any differences in the implementation of these principles should not present an obstacle to cooperation between the European Union and Australia pursuant to this Agreement,
   HAVING REGARD to Article 17 of the International Covenant on Civil and Political Rights on the right to privacy,
   HAVING REGARD to Article 6(2) of the Treaty on European Union on respect for fundamental rights, and in particular to the fundamental rights to privacy and the protection of personal data,
   HAVING REGARD to the relevant provisions of the Customs Act 1901 of the Commonwealth (Cth), and in particular section 64AF thereof whereby, if requested, all international passenger air service operators, flying to, from or through Australia, are required to provide the Australian Customs Service with PNR data, to the extent that they are collected and contained in the air carrier’s reservations and departure control systems, in a particular manner and form; and to the Customs Administration Act 1985 (Cth), the Migration Act 1958 (Cth), the Crimes Act 1914 (Cth), the Privacy Act 1988 (Cth) and the Freedom of Information Act 1982 (Cth),
   NOTING the European Union’s commitment to ensuring that air carriers with reservations systems, departure control systems and/or PNR data processed within the EU are not prevented from complying with Australian law regarding the transfer of European Union-sourced PNR data to the Australian Customs Service pursuant to this Agreement,
   AFFIRMING that this Agreement does not constitute a precedent for any future discussions or negotiations between the European Union and Australia, or between either of the parties and any State regarding the processing and transfer of European Union-sourced PNR data or any other form of data,
   SEEKING to enhance and encourage cooperation between the parties in the spirit of EU-Australian partnership,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Definitions
   For the purposes of this Agreement:

               (a)

               ‘Parties’ shall mean the European Union (EU) and Australia;

               (b)

               ‘Agreement’ shall mean this Agreement and its Annex, including amendments thereof as from time to time agreed by the Parties. This Agreement shall be referred to as the EU-Australia PNR Agreement;

               (c)

               ‘air carriers’ shall mean air carriers that have reservation systems and/or PNR data processed in the territory of the Member States of the EU and operate passenger flights in international air transportation to, from or through Australia;

               (d)

               ‘Customs’ shall mean the Australian Customs Service;

               (e)

               ‘passenger name record data’ (PNR data) shall mean the record of each passenger’s travel requirements which contains all information necessary for the processing of reservations and their control by the booking and participating airlines as contained in air carriers’ reservation systems;

               (f)

               ‘the Australian PNR system’ shall mean the PNR system to be used by Customs after the expiry of the transition period referred to in Article 4(1) to process EU-sourced PNR data transferred by air carriers to Customs under the Agreement as specified in paragraph 11 of the Annex;

               (g)

               ‘reservation system’ shall mean an air carrier’s reservations and departure control systems;

               (h)

               ‘processing’ shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;

               (i)

               ‘EU-sourced PNR data’ shall mean PNR data transferred to Customs pursuant to this Agreement;

               (j)

               ‘serious crime’ shall mean conduct constituting an offence punishable by a maximum deprivation of liberty of at least four years or a more serious penalty.

         Article 2
   Scope
   1.   Australia shall ensure that Customs processes EU-sourced PNR data in accordance with this Agreement.
   2.   The EU shall ensure that air carriers are not prevented from complying with Australian law regarding the transfer of EU-sourced PNR data to Customs pursuant to this Agreement.
   Article 3
   Adequacy
   Compliance with this Agreement by Customs shall, within the meaning of relevant EU data-protection law, constitute an adequate level of protection for EU-sourced PNR data transferred to Customs for the purpose of this Agreement.
   Article 4
   Method of access
   1.   Customs shall make the transition to the Australian PNR system, as defined in Article 1(f), for EU-sourced PNR data, within two years of the date of the signing of this Agreement. During that transitional period, references in this Agreement to the transfer of PNR data shall be deemed to include access to PNR data by Customs in accordance with the existing system described in paragraph 2.
   2.   During the transitional period Customs shall use its existing PNR system, which does not store PNR data other than in circumstances related to on-arrival examination at airports or where an offence has been committed. The existing system permits real-time, online electronic access to the data fields specified in paragraph 9 of the Annex, as contained in air carriers’ reservation systems.
   Article 5
   Purpose limitation for EU-sourced PNR data
   1.   Customs shall process EU-sourced PNR data and other personal information derived therefrom strictly for the purpose of preventing and combating:

               (i)

               terrorism and related crimes;

               (ii)

               serious crimes, including organised crime, that are transnational in nature;

               (iii)

               flight from warrants or custody for crimes described above.

         2.   EU-sourced PNR data may also be processed on a case-by-case basis where necessary for the protection of the vital interests of the data subject or other persons, in particular as regards the risk of death or serious injury to the data subjects or others, or a significant public health risk, in particular as required by internationally recognised standards, such as the World Health Organisation’s International Health Regulations (2005).
   3.   In addition, EU-sourced PNR data may also be processed on a case-by-case basis where such processing is specifically required by court order or Australian law for the purpose of supervision and accountability of public administration, including requirements under the Freedom of Information Act 1982 (Cth), Human Rights and Equal Opportunity Commission Act 1986 (Cth), the Privacy Act 1988 (Cth), the Auditor-General Act 1997 (Cth) or Ombudsman Act 1976 (Cth). If future amendments to Australian law, as communicated by Australia under Article 6, expand the scope of EU-sourced PNR data that must be processed in accordance with Article 5(3), the EU may invoke the provisions of Articles 10 and 13.
   Article 6
   Information on legislation concerning the Agreement
   Customs shall advise the EU regarding the passage of any Australian legislation which directly relates to the protection of EU-sourced PNR data as set out in this Agreement.
   Article 7
   Protection of personal data of individuals
   1.   Australia shall provide a system, accessible by individuals regardless of their nationality or country of residence, for seeking access to, and correction of, their own personal information. The protections afforded to EU-sourced PNR data stored by Australian Government agencies under the Privacy Act 1988 (Cth) shall apply regardless of the nationality or country of residence of the individual.
   2.   Customs shall process EU-sourced PNR data received and treat individuals concerned by such processing strictly in accordance with the data-protection standards set out in this Agreement and applicable Australian laws, without discrimination, in particular on the basis of nationality or country of residence.
   Article 8
   Notification to individuals and public
   Customs shall make publicly available, including to members of the travelling public, information regarding the processing of PNR data, including general information regarding the authority under which the data will be collected, the purpose of the data’s collection, the protection that will be afforded to the data, the manner and extent to which the data may be disclosed, the procedures available for redress and contact information for persons with questions or concerns.
   Article 9
   Joint review of implementation
   Australia and the EU shall periodically undertake a joint review of the implementation of this Agreement, including the data-protection and data-security guarantees, with a view to mutually assuring the effective implementation of the Agreement. In the review, the EU shall be represented by the European Commission’s Directorate-General for Justice, Freedom and Security, including representatives of data-protection and law-enforcement authorities, and Australia shall be represented by such senior Australian Government official or officeholder as may be appropriate, or by such official as each may mutually determine to designate. The EU and Australia will mutually determine the detailed modalities of the reviews.
   Article 10
   Dispute settlement
   Any dispute arising between the Parties under this Agreement with respect to its interpretation, application or implementation shall be settled by consultation or negotiation between the Parties; it shall not be referred to any third party or tribunal for resolution.
   Article 11
   Amendments and review of the agreement
   1.   The Parties may agree, in writing, to amend this Agreement. An amendment shall enter into force only after the Parties have completed any necessary internal requirements and thereafter on such date as the Parties may agree.
   2.   The Parties may undertake a review of the terms of the Agreement four years after its signing. Notwithstanding that period, if a PNR system is implemented in the European Union, this Agreement shall be reviewed if and when such a review would facilitate the functioning of the European Union’s PNR system or the implementation of this Agreement.
   3.   Australia shall use its best endeavours to facilitate the functioning of the European Union’s PNR system in the event of review.
   Article 12
   Suspension of data flows
   1.   The competent authorities in EU Member States may exercise their existing powers to suspend data flows to Customs in order to protect individuals with regard to the processing of their personal data where there is a substantial likelihood that the standards of protection set out in this Agreement are being infringed, there are reasonable grounds for believing that Customs is not taking or will not take adequate and timely steps to settle the case at issue and the continuing transfer would create an imminent risk of grave harm to data subjects.
   2.   The competent authorities in EU Member States shall make reasonable efforts in the circumstances to provide Customs with notice and an opportunity to respond, as follows: any suspension shall be preceded by notification which allows a sufficient period of time during which time Customs and the relevant competent authorities in the EU Member States shall endeavour to achieve resolution; the EU shall notify Australia of any such resolution. Any decision to invoke powers under this Article shall be communicated to Australia by the EU.
   3.   Any suspension shall cease as soon as the standards of protection are assured to the satisfaction of Australia and of the relevant competent authorities in the EU Member States and Australia notifies the EU accordingly.
   Article 13
   Termination of the agreement
   1.   Either party may terminate this Agreement at any time by notification through diplomatic channels. Termination shall take effect ninety (90) days from the date of the other party being notified thereof.
   2.   Notwithstanding the termination of this Agreement, all EU-sourced PNR data held by competent Australian authorities pursuant to this Agreement shall continue to be processed in accordance with the data protection standards laid down herein.
   3.   This Agreement and any obligations thereunder, other than the obligation under Article 13(2), shall expire and cease to have effect seven years after the date of signing, unless the parties mutually agree to replace this Agreement.
   Article 14
   Non-derogation from laws
   This Agreement shall not derogate from the laws of Australia or of the EU or its Member States. This Agreement shall not create or confer any right or benefit on any other person or entity, private or public, or any remedy other than as expressly stated in this Agreement.
   Article 15
   Entry into force; provisional application; languages
   1.   This Agreement shall enter into force on the first day of the month after the date on which the Parties have exchanged notifications indicating that they have completed their internal procedures for this purpose.
   2.   This Agreement shall apply provisionally as of the date of signature.
   3.   Done at Brussels this thirtieth day of June 2008, in two originals, in the English language. The Agreement shall also be drawn up in the Bulgarian, Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, and the Parties shall approve those language versions by an exchange of diplomatic notes. Once approved, the versions in those languages shall be equally authentic.

         FOR THE EUROPEAN UNION

         FOR AUSTRALIA

   ANNEX
   Australian processing of EU-sourced passenger name record (PNR) data

               1.

               Customs shall require EU-sourced PNR data only for those passengers travelling to, from or through Australia. That includes passengers who transit through Australia with or without visas. EU-sourced PNR data accessed by Customs includes all PNR data where the travel itinerary of the passenger or the normal routing for particular flights indicates an Australian destination or stopover.

         Disclosure of EU-sourced PNR data
   Disclosure within the Australian Government

               2.

               Customs shall only disclose EU-sourced PNR data for the purpose stated in Article 5(1) of the Agreement within Australia to the Australian Government departments and agencies listed in the Schedule to this Annex, the functions of which are directly related to Article 5 of this Agreement.

               3.

               The Schedule may be amended, by exchange of diplomatic notes between the Parties, to include:

                           (i)

                           any successor departments or agencies of those already listed in the Schedule; and

                           (ii)

                           any new departments and agencies established after the commencement of this Agreement;

                     the functions of which are directly related to Article 5(1) of this Agreement.

               4.

               EU-sourced PNR data shall be disclosed to authorities listed in the Schedule only where necessary in response to specific written requests and on a case-by-case basis. In accordance with paragraphs 7 and 8, Customs shall release EU-sourced PNR information only after assessing the relevance of the specific request within the purposes of this Agreement. Customs shall maintain a log of such disclosures.

               5.

               Customs shall not disclose in bulk any EU-sourced PNR data to authorities listed in the Schedule, other than EU-sourced PNR data which has been anonymised in such a way that a data subject is no longer identifiable. Such anonymised data shall be processed by the authorities listed in the Schedule only for the purpose of establishing statistics, in-depth and trend analysis, longitudinal studies and profile building related to the purpose stated in Article 5(1) of this Agreement. In any case, Customs shall not disclose in bulk any of the following EU-sourced PNR data to authorities listed in the Schedule:

                           (iv)

                           name(s);

                           (vi)

                           other names on PNR, including number of travellers on PNR;

                           (vii)

                           all available contact information (including originator information);

                           (xvii)

                           general remarks including other supplementary information (OSI), special service information (SSI) and special service request (SSR) information, to the extent that it contains any information capable of identifying a natural person; and

                           (xviii)

                           any collected advance passenger processing (APP) or advance passenger information (API) data.

         Disclosure to third country governments

               6.

               Customs shall disclose EU-sourced PNR data only to specific third country government authorities the functions of which are directly related to the purpose stated in Article 5(1) of the Agreement. Any such disclosure must be on a case-by-case basis and when necessary for the purpose of preventing or combating the offences listed in Article 5(1) of the Agreement. Customs shall maintain a log of such disclosures.

         Disclosure — the Customs Administration Act 1985 (Cth)

               7.

               Any disclosure under paragraphs 2 to 6 shall also be in accordance with section 16 of the Customs Administration Act 1985 (Cth) and the Privacy Act 1988 (Cth) which, taken together, provide that a person, body or agency to whom personal information is disclosed, shall not use or disclose the information for any purpose other than the purpose for which the information was given to the person, body or agency.

               8.

               In disclosing EU-sourced PNR data to Australian Government authorities or third country government authorities pursuant to section 16 of the Customs Administration Act 1985 (Cth), Customs shall as a condition of disclosure, stipulate to the recipient:

                           (i)

                           that the EU-sourced PNR data must not be further disclosed without the permission of Customs, which permission shall not be granted by Customs except for the purpose stated in Article 5(1) of the Agreement or in the case of the Australian Government authorities pursuant to Article 5(2) or (3) of the Agreement;

                           (ii)

                           that the recipient must treat such EU-sourced PNR data as law-enforcement sensitive, confidential personal information of the data subject;

                           (iii)

                           other than in emergency circumstances where the life or physical safety of a data subject or of others is under threat, that the recipient must apply to the EU-sourced PNR data data-protection standards equivalent to the data-protection standards set out in the Agreement, including those relating to the data-retention period.

         Types of information collected

               9.

               Types of EU-sourced PNR data collected:

                           (i)

                           PNR locator code;

                           (ii)

                           date of reservation/issue of ticket;

                           (iii)

                           date(s) of intended travel;

                           (iv)

                           name(s);

                           (v)

                           available frequent flier and benefit information (i.e. free tickets, upgrades, etc.);

                           (vi)

                           other names on PNR, including number of travellers on PNR;

                           (vii)

                           all available contact information (including originator information);

                           (viii)

                           all available payment/billing information (not including other transaction details linked to a credit card or account and not connected to the travel transaction);

                           (ix)

                           travel itinerary for specific PNR;

                           (x)

                           travel agency/travel agent;

                           (xi)

                           code share information;

                           (xii)

                           split/divided information;

                           (xiii)

                           travel status of passenger (including confirmations and check-in status);

                           (xiv)

                           ticketing information, including ticket number, one way tickets and automated ticket fare quote;

                           (xv)

                           all baggage information;

                           (xvi)

                           seat information, including seat number;

                           (xvii)

                           general remarks including other supplementary information (OSI), special service information (SSI) and special service request (SSR) information;

                           (xviii)

                           any collected advance passenger processing (APP) or advance passenger information (API) data;

                           (xix)

                           all historical changes to the PNR data listed in numbers (i) to (xviii).

               10.

               PNR data will at times contain certain sensitive data, namely data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and data concerning health or sex life (‘sensitive EU-sourced data’). Customs shall filter out all such sensitive EU-sourced data and shall delete all such data without any further processing.

         Transfer of EU-sourced PNR data

               11.

               Customs shall work with individual air carriers to ensure that EU-sourced PNR data transfer requirements are judicious and proportionate, consistent with the need to ensure the timeliness, accuracy and completeness of the EU-sourced PNR data.
               Under normal circumstances, Customs shall require an initial transmission of EU-sourced PNR data at 72 hours before scheduled departure and shall require a maximum of only five routine transmissions of EU-sourced PNR data in respect of any particular flight. Irrespective of the 72-hour time-frame, Customs may in addition require ad hoc pushes where necessary to assist in responding to specific threats to a flight, set of flights, route or other circumstances associated with the purpose defined in Article 5(1) of this Agreement. In exercising this discretion, Customs will act judiciously and proportionately.

         Data retention

               12.

               Customs shall retain EU-sourced PNR data for no more than three-and-a-half years after the date of receipt of the PNR data by Customs, after which time the data may be archived for two further years. Archived PNR data may be accessed only on a case-by-case basis for investigative purposes.

               13.

               Notwithstanding paragraph 12, no EU-sourced PNR data anonymised by Customs need be archived, but in any event shall not be retained by Customs or other agencies for more than five-and-a-half years after the date of receipt of the PNR data by Customs.

               14.

               Customs must delete EU-sourced PNR data at the end of that period, except as provided for in paragraph 15.

               15.

               Data that relates to ongoing judicial proceedings or a criminal investigation may be retained until the proceedings or investigations are concluded. The issue of data retention will be considered as part of the review conducted under Article 11 of this Agreement.

         Access and redress
   Privacy protection

               16.

               The Privacy Act 1988 (Cth) (Privacy Act) governs the collection, use, storage and disclosure, security and access and alteration of personal information held by most Australian Government departments and agencies. Customs is subject to the Privacy Act and is required to handle EU-sourced PNR data in accordance with the Privacy Act.

         Disclosure of PNR data and information

               17.

               PNR data furnished by or on behalf of an individual must be disclosed to the individual in accordance with the Privacy Act and the Freedom of Information Act 1982 (Cth) (FOI Act) upon request. Customs must not disclose PNR data to the public, except to the data subjects or their agents in accordance with Australian law. Requests for access to personal information contained in PNR data that was provided by the requestor may be submitted to Customs.

         Data protection measures — Privacy Act 1988 (Cth)

               18.

               Any personal information retained by Customs that is ‘personal information’ within the meaning of, and for the purposes of, the Privacy Act must meet the requirements of the Privacy Act regarding the protection of such information. Customs must handle PNR information in accordance with the Privacy Act, in particular as regards the collection, use, storage, security, access and alteration and disclosure of any such data.

               19.

               Complaints by individuals concerning Customs handling of its PNR data may be made directly to Customs and then pursuant to the Privacy Act to the Privacy Commissioner.

         Data protection measures — Privacy audits

               20.

               Australia’s independent Privacy Commissioner can investigate compliance by agencies with the Privacy Act, and monitor and investigate the extent to which Customs complies with the Privacy Act.

               21.

               Under the Privacy Act, Customs has put arrangements in place for the Office of the Privacy Commissioner to undertake regular formal audits of all aspects of Customs EU-sourced PNR data use, handling and access policies and procedures. In addition, Customs has its own internal audit program directed at ensuring the highest levels of protection for passenger information and EU-sourced PNR data.

         Data protection measures — Freedom of Information Act 1982 (Cth)

               22.

               Customs is subject to the FOI Act which requires Customs to release documents to any person who requests them, subject to the exceptions and exemptions in the FOI Act. The FOI Act requires decisions on exemptions to be made on a case-by-case basis. There are a range of exemptions in the FOI Act to protect sensitive information from disclosure, including exemptions for documents affecting national security, defence, international relations, law enforcement, protection of public safety and personal privacy. Customs shall inform the EU of any decision regarding the public disclosure of EU-sourced PNR data under the FOI Act within one month of the decision having been taken.

               23.

               Requests for the rectification of PNR data held in the Customs database may be made directly to Customs pursuant to the FOI Act or the Privacy Act.

         Other protection measures — Ombudsman Act 1976 (Cth)

               24.

               Air passengers have the right to complain to the Commonwealth Ombudsman regarding their treatment by Customs during border processing on the basis of the Ombudsman Act 1976 (Cth).

         Customs PNR data security measures

               25.

               Customs shall continue to have the following data-security measures in place:

                           (i)

                           access to PNR data shall be restricted to a limited number of officers within Customs who are specifically authorised by the Chief Executive Officer of Customs under the Customs Act 1901 (Cth) for the purposes of processing PNR data; and

                           (ii)

                           a comprehensive physical and electronic security system for PNR data shall be in place — namely a computer system and network that:

                                       (a)

                                       isolates PNR data from the general Customs environment and is separate to all other Customs IT systems and networks;

                                       (b)

                                       is located in a secure, limited access area of Customs in Australia; and

                                       (c)

                                       requires a secure, layered level of logins to access PNR data.

         Enforcement

               26.

               Administrative, civil, and criminal enforcement measures, including the right of every data subject to have access to administrative or judicial remedy, are available under Australian law for violations of Australian privacy laws and rules, and unauthorised disclosure of information. For example, the Crimes Act 1914 (Cth), the Public Service Act 1999 (Cth), the Customs Administration Act 1985 (Cth), the Australian Federal Police Act 1979 (Cth) and internal disciplinary codes of the agencies specified in the attached Schedule, provide penalties in the case of violations up to and including imprisonment.

         Cooperation

               27.

               In order to foster police and judicial cooperation, Customs shall encourage the transfer of analytical information flowing from PNR data by competent Australian Government authorities to the police and judicial authorities in the EU Member States concerned and, where appropriate, to Europol and Eurojust subject to Australian Government assessment of the adequacy of data-protection measures available within EU jurisdictions.

         Schedule to the Annex
   The following are listed, in alphabetical order, for the purposes of paragraph 2 of this Annex:

               1.

               Australian Crime Commission;

               2.

               Australian Federal Police;

               3.

               Australian Security Intelligence Organisation;

               4.

               Commonwealth Director of Public Prosecutions; and

               5.

               Department of Immigration and Citizenship.


Avis juridique important

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31996D0623

96/623/EC: Council Decision of 25 October 1996 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing the fishing opportunities and the financial contribution provided for in the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé e Príncipe on fishing off the coast of São Tomé e Príncipe for the period 1 June 1996 to 31 May 1999

Official Journal L 279 , 31/10/1996 P. 0030 - 0031

COUNCIL DECISION of 25 October 1996 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing the fishing opportunities and the financial contribution provided for in the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé e Príncipe on fishing off the coast of São Tomé e Príncipe for the period 1 June 1996 to 31 May 1999 (96/623/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé e Príncipe on fishing off the coast of São Tomé e Príncipe (1),Having regard to the proposal from the Commission,Whereas the Community and São Tomé e Príncipe have held negotiations with a view to determining amendments to be made to the abovementioned Agreement at the end of the period of application of the Protocol in force which is annexed to the said Agreement;Whereas, as a result of these negotiations, a new Protocol was initialled on 23 May 1996;Whereas, under that Protocol, Community fishermen have fishing rights in the waters under the sovereignty or jurisdiction of São Tomé e Príncipe for the period 1 June 1996 to 31 May 1999;Whereas, in order to avoid interruption of fishing activities by Community vessels, it is necessary that the Protocol in question be approved at the earliest opportunity; whereas, for this reason, both 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 the date of expiry of the Protocol in force; whereas the Agreement in the form of an Exchange of Letters should be approved subject to a definitive decision pursuant to Article 43 of the Treaty;Whereas the allocation of fishing possibilities among the Member States should be determined on the basis of the traditional allocation of fishing possibilities under the fisheries agreement,HAS DECIDED AS FOLLOWS:Article 1 The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing the fishing opportunities and the financial contribution provided for in the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé e Príncipe on fishing off the coast of São Tomé e Príncipe for the period 1 June 1996 to 31 May 1999 is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2 The fishing possibilities provided for in the Protocol are allocated among the Member States as follows:- freeze tuna seiner: France 18, Spain 19,- pole and line tuna vessels: France 7,- surface long-liners: Spain 20, Portugal 5.If licence applications from these Member States do not exhaust the fishing possibilities provided for in the Protocol, the Commission may entertain licence applications from any other Member State.Article 3 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.This Decision shall be published in the Official Journal of the European Communities.Done at Luxembourg, 25 October 1996.For the CouncilThe PresidentE. KENNY(1) OJ No L 54, 25. 2. 1984, p. 2.


title: 2011/194/EU: Council Decision of 7 March 2011 on the conclusion of a Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of an Agreement on Trade in Bananas between the European Union and the United States of America

text:
               4.4.2011

               EN

               Official Journal of the European Union

               L 88/66

         COUNCIL DECISION
   of 7 March 2011
   on the conclusion of a Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and of an Agreement on Trade in Bananas between the European Union and the United States of America
   (2011/194/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(4), first subparagraph, in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with Council Decision 2010/314/EU (1), the Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela and the Agreement on Trade in Bananas between the European Union and the United States of America were signed on behalf of the Union on 31 May 2010 and 8 June 2010, respectively, subject to their conclusion at a later date.

               (2)

               Those two Agreements should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following Agreements are hereby approved:

               (a)

               the Geneva Agreement on Trade in Bananas between the European Union and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela (2) (the ‘Geneva Agreement’);

               (b)

               the Agreement on Trade in Bananas between the European Union and the United States of America (3) (the ‘EU/US Agreement’).

         Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to proceed, on behalf of the Union, to the notification provided for in paragraph 8(a) of the Geneva Agreement and in paragraph 6 of the EU/US Agreement, in order to express the consent of the Union to be bound by those Agreements.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 7 March 2011.

            For the Council

            The President

         CZOMBA S.

      (1)  OJ L 141, 9.6.2010, p. 1.

      (2)  OJ L 141, 9.6.2010, p. 3.

      (3)  OJ L 141, 9.6.2010, p. 6.


Avis juridique important

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31994D0981

94/981/EC: Council Decision of 22 December 1994 on the conclusion of the Second Additional Protocol to the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, and to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Bulgaria, of the other part

Official Journal L 378 , 31/12/1994 P. 0001 - 0004 Finnish special edition: Chapter 11 Volume 37 P. 0290  Swedish special edition: Chapter 11 Volume 37 P. 0290

COUNCIL DECISIONof 22 December 1994on the conclusion of the Second Additional Protocol to  the Europe Agreement between the European Communities and their Member States, of the one part, and  the Republic of Bulgaria, of the other part, and to the Interim Agreement on trade and  trade-related matters between the European Economic Community and the European Coal and Steel  Community, of the one part, and the Republic of Bulgaria, of the other part(94/981/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 conclusions of the European Council which took place in Essen on 9 and 10  December 1994, Having regard to the proposal from the Commission, Whereas the Commission has negotiated on behalf of the Communities a Second Additional Protocol to  the Interim Agreement (1) on trade and trade-related matters and to the Europe Agreement with the  Republic of Bulgaria, Whereas it is necessary to approve this Second Additional Protocol, HAS DECIDED AS FOLLOWS: Article 1The Second Additional Protocol to the Europe Agreement between the  European Communities and their Member States, of the one part, and the Republic of Bulgaria of the  other part, and to the Interim Agreement on trade and trade-related matters between the European  Economic Community and the European Coal and Steel Community, of the one part, and the Republic of  Bulgaria of the other part, is hereby approved on behalf of the European Community. The text of the Second Additional Protocol is attached to this Decision. Article 2Provisions for the application of Article 3 of the Second Additional Protocol  concerning agricultural products falling within Annex II to the Treaty and subject, in the  framework of the common market organization to a system of levies, or to customs duties, and  concerning products falling within CN codes 0711 90 40, 2003 10 20 and 2003 10 30 shall be adopted  in accordance with the procedure provided for in Article 26 of Council Regulation (EEC) No 804/68  of 27 June 1968 on the common organization of the market in milk and milk products (2), or in the  corresponding provisions of other Regulations establishing a common organization of the  agricultural markets. Where the application of the Agreement calls for close cooperation with  Bulgaria, the Commission may take any measures necessary to ensure such cooperation. Article 3The President of the Council is hereby authorized to designate the person empowered to  sign the Second Additional Protocol on behalf of the European Community. The President of the Council shall give the notification provided for in Article 8 of the Second  Additional Protocol on behalf of the European Community. Done at Brussels, 22 December 1994. For the CouncilThe PresidentH. SEEHOFER(1) OJ No L 323, 23. 12. 1993, p. 2. (2) OJ No L 148, 28. 6. 1968, p. 13. Regulation as last amended by Regulation (EC) No 1880/94 (OJ  No L 197, 30. 7. 1994, p. 21).


title: Decision of the Management Board of Europol of 4 June 2009 on the conditions related to the processing of data on the basis of Article 10(4) of the Europol Decision

text:
               29.12.2009

               EN

               Official Journal of the European Union

               L 348/1

      DECISION OF THE MANAGEMENT BOARD OF EUROPOL

   of 4 June 2009
   on the conditions related to the processing of data on the basis of Article 10(4) of the Europol Decision
   (2009/1010/JHA)
   THE MANAGEMENT BOARD OF EUROPOL,
   Having regard to the Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (1) (hereinafter the Europol Decision) and in particular Article 10(4) thereof,
   Whereas:

               (1)

               It is for the Management Board, acting on a proposal from the Director and after consulting the Joint Supervisory Body, to determine the conditions relating to the processing of data for the purpose of determining whether such data are relevant to Europol’s tasks and can be included in one of its information processing systems, in particular with respect to access to and the use of the data, as well as time limits for the storage and deletion of the data.

               (2)

               The Management Board, by adopting this Decision, shall take account of the principles of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 28 January 1981 and of Recommendation No R(87)15 of the Committee of Ministers of the Council of Europe of 17 September 1987 regulating the use of personal data in the police sector.

               (3)

               The Management Board Decision shall be submitted to the Council for approval,

         HAS ADOPTED THE FOLLOWING DECISION:
   Article 1
   Definitions
   For the purpose of this Decision:

               (a)

               ‘personal data’ means any information relating to an identified or identifiable natural person: an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;

               (b)

               ‘processing of personal data’ means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;

               (c)

               ‘information processing systems’ means the Europol Information System, the analysis work files and other systems processing personal data, as referred to in Article 10(1) of the Europol Decision;

               (d)

               ‘Europol Information System’ means the system referred to in Article 11(1) of the Europol Decision;

               (e)

               ‘analysis work file’ means a file opened for the purpose of analysis, as referred to in Article 14 of the Europol Decision;

               (f)

               ‘EU bodies’ means institutions, bodies, offices and agencies set up by, or on the basis of, the Treaty on European Union and the Treaties establishing the European Communities, as referred to in Article 22(1) of the Europol Decision;

               (g)

               ‘third parties’ means third States and organisations as referred to in Article 23(1) of the Europol Decision;

               (h)

               ‘duly authorised Europol staff’ means Europol staff designated by the Director to process personal data in accordance with this Decision.

         Article 2
   Scope
   This Decision shall apply to personal data communicated to Europol for the purpose of determining whether such data are relevant to its tasks and can be included in its information processing systems, with the exception of:

               (a)

               personal data entered into the Europol Information System pursuant to Article 13(1) of the Europol Decision;

               (b)

               personal data offered by a Member State, an EU body or a third party for inclusion in a specific analysis work file as well as personal data entered into an analysis work file pursuant to Article 14 of the Europol Decision;

               (c)

               personal data provided to Europol for inclusion in another specific system processing personal data as referred to in Article 10(1) last sentence of the Europol Decision.

         Article 3
   Access and use
   1.   Access to personal data processed by Europol under this Decision shall be limited to duly authorised Europol staff.
   2.   Without prejudice to Article 17 of the Europol Decision, personal data processed by Europol under this Decision shall only be used for the purposes of determining whether such data are relevant for Europol’s tasks and can be included in its information processing systems.
   3.   Where Europol determines that the data are relevant to its tasks and can be included in the Europol Information System, Europol shall suggest that the providing Member State should input the data in the Europol Information System, in accordance with Article 13(1) of the Europol Decision. If the Member State does not follow Europol’s suggestion, Article 5 of this Decision shall apply.
   Article 4
   Rules on personal data protection and on data security
   1.   Europol shall, when processing personal data under this Decision, comply with the rules on personal data protection and on data security laid down in the Europol Decision, in particular Articles 18, 27, and 35 and the rules adopted in the implementation thereof.
   2.   In case Europol decides to include such data in the information processing systems or to delete or destroy it, it shall inform the providing Member State, EU body or third party thereof.
   Article 5
   Time limit for the storage of data
   1.   A decision on the use of personal data in accordance with Article 3(2) shall be taken as soon as possible and in any case not later than six months after such data was received by Europol.
   2.   In the absence of such a decision upon expiry of the six-month period, the personal data in question shall be deleted or destroyed and the providing Member State, EU body or third party shall be informed thereof.
   Article 6
   Responsibility
   Europol shall be responsible for ensuring compliance with Articles 3, 4 and 5 of this Decision.
   Article 7
   Entry into force
   This Decision shall enter into force on the same day as the date of application of the Europol Decision.

      The Hague, 4 June 2009.
      Approved by the Council on 30 November 2009.

            The President

         S. CLERTON

      (1)  OJ L 121, 15.5.2009, p. 37.


title: 2014/28/EU: Decision of the European Central Bank of 29 August 2013 laying down the measures necessary for the contribution to the European Central Bank’s accumulated equity value and for adjusting the national central banks’ claims equivalent to the transferred foreign reserve assets (ECB/2013/26)

text:
               21.1.2014

               EN

               Official Journal of the European Union

               L 16/47

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 29 August 2013
   laying down the measures necessary for the contribution to the European Central Bank’s accumulated equity value and for adjusting the national central banks’ claims equivalent to the transferred foreign reserve assets
   (ECB/2013/26)
   (2014/28/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 30 thereof,
   Whereas:

               (1)

               Decision ECB/2013/28 of 29 August 2013 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (1) provides for the adjustment of the key for subscription to the capital of the European Central Bank (ECB) (hereinafter ‘capital key’) in accordance with Article 29.3 of the Statute of the European System of Central Banks and of the European Central Bank, (hereinafter the ‘Statute of the ESCB’) and establishes, with effect from 1 January 2014, the new weightings assigned to each national central bank (NCB) in the adjusted capital key (hereinafter the ‘capital key weightings’).

               (2)

               The adjustments to the capital key weightings and the resulting changes in the NCBs’ shares in the ECB’s subscribed capital make it necessary to adjust the claims which the ECB has credited under Article 30.3 of the Statute of the ESCB to the NCBs of the Member States whose currency is the euro (hereinafter the ‘euro area NCBs’) and which are equivalent to the contributions by euro area NCBs of foreign reserve assets to the ECB (hereinafter the ‘claims’). Those euro area NCBs whose claims increase due to the increase in their capital key weightings from 1 January 2014 should therefore effect a compensatory transfer to the ECB, while the ECB should effect a compensatory transfer to those euro area NCBs whose claims decrease due to a decrease in their capital key weightings.

               (3)

               In accordance with the general principles of fairness, equal treatment and the protection of legitimate expectations underlying the Statute of the ESCB, those euro area NCBs whose relative share in the ECB’s accumulated equity value increases due to the abovementioned adjustments should also effect a compensatory transfer to those euro area NCBs whose relative shares decrease.

               (4)

               The respective capital key weightings of each euro area NCB until 31 December 2013 and with effect from 1 January 2014 should be expressed as a percentage of the ECB’s total capital as subscribed to by all euro area NCBs for the purpose of calculating the adjustment of the value of each euro area NCB’s share in the ECB’s accumulated equity value.

               (5)

               Accordingly, the adoption of a new ECB decision is required that repeals Decision ECB/2013/15 of 21 June 2013 laying down the measures necessary for the contribution to the European Central Bank’s accumulated equity value and for adjusting the national central banks’ claims equivalent to the transferred foreign reserve assets (2), without prejudice to the implementation of all requirements under Article 4 of Decision ECB/2013/15.

               (6)

               Pursuant to Article 1 of Council Decision 2013/387/EU of 9 July 2013 on the adoption by Latvia of the euro on 1 January 2014 (3), in accordance with Article 140(2) of the Treaty on the Functioning of the European Union, Latvia fulfils the necessary conditions for adoption of the euro and the derogation granted to it under Article 4 of the 2003 Act of Accession (4) will be abrogated with effect from 1 January 2014,

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   For the purposes of this Decision:

               (a)

               ‘accumulated equity value’ means the total of the ECB’s reserves, revaluation accounts and provisions equivalent to reserves as calculated by the ECB as at 31 December 2013. The ECB’s reserves and those provisions equivalent to reserves shall include, without limitation to the generality of the ‘accumulated equity value’, the general reserve fund and the provision for foreign exchange rate, interest rate, credit and gold price risks;

               (b)

               ‘transfer date’ means the second business day following the Governing Council’s approval of the ECB’s financial accounts for the financial year 2013.

         Article 2
   Contribution to the ECB’s reserves and provisions
   1.   If a euro area NCB’s share in the accumulated equity value increases due to the increase in its capital key weighting with effect from 1 January 2014, that euro area NCB shall transfer the amount determined pursuant to paragraph 3 to the ECB on the transfer date.
   2.   If a euro area NCB’s share in the accumulated equity value decreases due to the decrease in its capital key weighting with effect from 1 January 2014, that euro area NCB shall receive the amount determined pursuant to paragraph 3 from the ECB on the transfer date.
   3.   The ECB shall, on or before the day the Governing Council approves the ECB’s financial accounts for the financial year 2013, calculate and confirm to each euro area NCB either the amount to be transferred by that euro area NCB to the ECB where paragraph 1 applies, or the amount which that euro area NCB shall receive from the ECB where paragraph 2 applies. Subject to rounding, each amount to be transferred or received shall be calculated by multiplying the accumulated equity value by the absolute difference between each euro area NCB’s capital key weighting on 31 December 2013 and its capital key weighting with effect from 1 January 2014 and dividing the result by 100.
   4.   Each amount described in paragraph 3 shall be due in euro on 1 January 2014 but shall be effectively transferred on the transfer date.
   5.   On the transfer date, a euro area NCB or the ECB having to transfer an amount under paragraph 1 or paragraph 2 shall also separately transfer any interest accruing over the period from 1 January 2014 until the transfer date on each of the respective amounts due from such euro area NCB and the ECB. The transferors and recipients of this interest shall be the same as the transferors and recipients of the amounts on which the interest accrues.
   6.   If the accumulated equity value is less than zero, the amounts that have to be transferred or received under paragraph 3 and paragraph 5 shall be settled in the opposite directions to those specified in paragraph 3 and paragraph 5.
   Article 3
   Adjustment of the claims equivalent to the transferred foreign reserve assets
   1.   Given that the adjustment of the claims equivalent to the transferred foreign reserve assets for Latvijas Banka will be regulated by a separate decision of the Governing Council on the paying-up of capital, transfer of foreign reserve assets and contributions by Latvijas Banka to the European Central Bank’s reserves and provisions, this Article shall regulate the adjustment of the claims equivalent to the foreign reserve assets transferred by the other euro area NCBs.
   2.   The euro area NCBs’ claims shall be adjusted with effect from 1 January 2014 in accordance with their adjusted capital key weightings. The value of the euro area NCBs’ claims with effect from 1 January 2014 is shown in the third column of the table in the Annex to this Decision.
   3.   Each euro area NCB shall, by virtue of this provision and without any further formality or act being required, be considered to have either transferred or received on 1 January 2014 the absolute value of the claim (in euro) shown next to its name in the fourth column of the table in the Annex to this Decision, whereby ‘–’ shall refer to a claim that the euro area NCB shall transfer to the ECB and ‘+’ to a claim that the ECB shall transfer to the euro area NCB.
   4.   On the first operating day of the Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) following 1 January 2014, each euro area NCB shall either transfer or receive the absolute value of the amount (in euro) shown next to its name in the fourth column of the table in the Annex to this Decision, whereby ‘+’ shall refer to an amount that the euro area NCB shall transfer to the ECB and ‘–’ to an amount that the ECB shall transfer to the euro area NCB.
   5.   On the first TARGET2 operating day following 1 January 2014, a euro area NCB or the ECB having to transfer an amount under paragraph 4 shall also separately transfer any interest accruing over the period from 1 January 2014 until the date of this transfer on the respective amount due from such euro area NCB or the ECB. The transferors and recipients of this interest shall be the same as the transferors and recipients of the amounts on which the interest accrues.
   Article 4
   General provisions
   1.   The interest accruing under Article 2(5) and Article 3(5) shall be calculated on a daily basis, using the actual over-360-day method of calculation, at a rate equal to the latest available marginal interest rate used by the Eurosystem in its tenders for main refinancing operations.
   2.   Each transfer pursuant to Article 2(1), (2) and (5) and Article 3(4) and (5) shall take place separately through TARGET2.
   3.   The ECB and the euro area NCBs that are under an obligation to effect any of the transfers referred to in paragraph 2 shall, in due course, give the necessary instructions for duly executing such transfers on time.
   Article 5
   Entry into force and repeal
   1.   This Decision shall enter into force on 1 January 2014.
   2.   Decision ECB/2013/15 is repealed with effect from 1 January 2014. However, the repeal shall be without prejudice to the implementation of all requirements under Article 4 of Decision ECB/2013/15.
   3.   References to Decision ECB/2013/15 shall be construed as references to this Decision.

      Done at Frankfurt am Main, 29 August 2013.

            The President of the ECB

         Mario DRAGHI

      (1)  See page 53 of this Official Journal.

      (2)  OJ L 187, 6.7.2013, p. 9.

      (3)  OJ L 195, 18.7.2013, p. 24.

      (4)  Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ L 236, 23.9.2003, p. 33).

      ANNEX

         CLAIMS EQUIVALENT TO THE FOREIGN RESERVE ASSETS TRANSFERRED TO THE ECB

                  (in EUR)

                  Euro area NCB

                  Claim equivalent to the foreign reserve assets transferred to the ECB, on 31 December 2013

                  Claim equivalent to the foreign reserve assets transferred to the ECB, with effect from 1 January 2014

                  Amount of transfer

                  Nationale Bank van België/Banque Nationale de Belgique

                  1 401 024 414,99

                  1 435 910 942,87

                  34 886 527,88

                  Deutsche Bundesbank

                  10 871 789 515,48

                  10 429 623 057,57

                  – 442 166 457,91

                  Eesti Pank

                  103 152 856,50

                  111 729 610,86

                  8 576 754,36

                  Central Bank of Ireland

                  643 894 038,51

                  672 637 755,83

                  28 743 717,32

                  Bank of Greece

                  1 129 060 170,31

                  1 178 260 605,79

                  49 200 435,48

                  Banco de España

                  4 782 873 429,96

                  5 123 393 758,49

                  340 520 328,53

                  Banque de France

                  8 190 916 316,35

                  8 216 994 285,69

                  26 077 969,34

                  Banca d’Italia

                  7 218 961 423,55

                  7 134 236 998,72

                  –84 724 424,83

                  Central Bank of Cyprus

                  77 248 740,29

                  87 679 928,02

                  10 431 187,73

                  Latvijas Banka

                  0,00

                  163 479 892,24 (1)

                  163 479 892,24

                  Banque centrale du Luxembourg

                  100 776 863,74

                  117 640 617,24

                  16 863 753,50

                  Central Bank of Malta

                  36 798 912,29

                  37 552 275,85

                  753 363,56

                  De Nederlandsche Bank

                  2 298 512 217,57

                  2 320 070 005,55

                  21 557 787,98

                  Oesterreichische Nationalbank

                  1 122 511 702,45

                  1 137 636 924,67

                  15 125 222,22

                  Banco de Portugal

                  1 022 024 593,93

                  1 010 318 483,25

                  –11 706 110,68

                  Banka Slovenije

                  189 499 910,53

                  200 220 853,48

                  10 720 942,95

                  Národná banka Slovenska

                  398 761 126,72

                  447 671 806,99

                  48 910 680,27

                  Suomen Pankki

                  721 838 191,31

                  728 096 903,95

                  6 258 712,64

                  Total (2)

                  40 309 644 424,48

                  40 553 154 707,06

                  243 510 282,58

         (1)  To be transferred with effect from the dates laid down in Decision ECB/2013/53 of 31 December 2013 on the paying-up of capital, transfer of foreign reserve assets and contributions by Latvijas Banka to the European Central Bank’s reserves and provisions.

         (2)  Due to rounding, totals may not correspond to the sum of all figures shown.