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32000D0487

2000/487/EC: Council Decision of 17 July 2000 on the acceptance, by the European Community, of the amendment to the Agreement establishing the General Fisheries Commission for the Mediterranean with a view to establishing an autonomous budget for that organisation

Official Journal L 197 , 03/08/2000 P. 0035 - 0047

Council Decisionof 17 July 2000on the acceptance, by the European Community, of the amendment to the Agreement establishing the General Fisheries Commission for the Mediterranean with a view to establishing an autonomous budget for that organisation(2000/487/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, in conjunction with Article 300(2), first sentence, and (3), first subparagraph,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The European Community is a member of the General Fisheries Commission for the Mediterranean (GFCM)(3).(2) The management of fish stocks in the Mediterranean requires that action be taken at multilateral level to regulate fishing activities on the high seas. The development of aquaculture can benefit from multilateral cooperation. The GFCM is the appropriate framework for these actions.(3) GFCM has recently adopted amendments designed to reinforce its activities by creating a Scientific Advisory Committee, to meet once a year. The new activities of this organisation require the necessary financial means.(4) GFCM depends entirely on the budget of the Food and Agriculture Organisation (FAO). The limitations placed on that budget mean that the activities of GFCM which are necessary to accomplish its new reinforced role cannot be funded. GFCM must therefore have its own autonomous budget.(5) GFCM adopted, at its meeting from 13 to 16 October 1997, the amendments to the text of the agreement establishing an autonomous budget. The said budget represents a new obligation on GFCM contracting parties within the meaning of Article X.2 of the Agreement creating the GFCM.(6) These new obligations can only enter into force after acceptance by two thirds of the members of the GFCM Commission and with respect to each member, only on acceptance by that member.(7) The Community should therefore adopt an instrument of acceptance of the autonomous budget of GFCM,HAS DECIDED AS FOLLOWS:Sole Article1. The Community shall accept the establishment of an autonomous budget for the General Fisheries Commission for the Mediterranean, in accordance with the instrument set out in Annex I.2. The text of the amended Agreement and the amended Rules of Procedure of the General Fisheries Commission for the Mediterranean, including the provisions on the autonomous budget, are set out in Annex II.Done at Brussels, 17 July 2000.For the CouncilThe PresidentJ. Glavany(1) OJ C 15, 20.1.1999, p. 13.(2) OJ C 150, 28.5.1999, p. 153.(3) Council Decision (98/416/EC) of 16 June 1998 on the accession of the European Community to the General Fisheries Commission for the Mediterranean (OJ L 190, 4.7.1998, p. 34).ANNEX IInstrument of acceptance of the autonomous budget of the General Fisheries Commission for the MediterraneanSir,I have the honour to inform you that the European Community has decided to accept the new rules governing the establishment of the autonomous budget of the General Fisheries Commission for the Mediterranean. I therefore convey to you this instrument by which the Community accepts the new Article VIIIa and IXa as well as the amendments to Articles II, VII and IX of the Agreement as adopted at the meeting from 13 to 16 October 1997, in accordance with Article X.2 of the said Agreement.I have the honour to be, Sir, yours faithfully,President of the Council of the European UnionMr DioufDirector-GeneralFood and Agriculture Organisation of the United Nations Via delle Terme di Caracalla I - 00100 RomaANNEX IIAGREEMENTestablishing the General Fisheries Commission for the MediterraneanPREAMBLETHE CONTRACTING PARTIES,Taking account of the relevant provisions of the United Nations Convention on the Law of the Sea which entered into force on 16 November 1994 (hereafter referred to as the United Nations Convention) and which requires all members of the international community to cooperate in the conservation and management of the living marine resources,Noting also the objectives and purposes stated in Chapter 17 of Agenda 21 adopted by the United Nations Conference on Environment and Development, 1992 and the Code of Conduct for Responsible Fisheries adopted by the FAO Conference in 1995,Noting also that other international instruments have been negotiated concerning the conservation and management of certain fish stocks,Having a mutual interest in the development and proper utilisation of the living marine resources in the Mediterranean and the Black Sea and connecting waters (hereafter referred to as the "Region") and desiring to further the attainment of their objectives through international cooperation which would be furthered by the establishment of a General Fisheries Commission for the Mediterranean,Recognising the importance of fisheries conservation and management in the Region and of promoting cooperation to that effect,AGREE AS FOLLOWS:Article IThe Commission1. The Contracting Parties hereby establish within the framework of the Food and Agriculture Organisation of the United Nations (hereinafter referred to as "the Organisation") a Commission to be known as the General Fisheries Commission for the Mediterranean (hereinafter referred to as "the Commission"), for the purpose of exercising the functions and discharging the responsibilities set forth in Article III below.2. The Members of the Commission shall be such Members and Associate Members of the Organisation and such non-member States as are members of the United Nations, any of its Specialised Agencies or the International Atomic Energy Agency, that are:(i) coastal States or Associate Members situated wholly or partly within the Region,(ii) States or Associate Members whose vessels engage in fishing in the Region for stocks covered by this Agreement, or(iii) regional economic integration organisations of which any State referred to in subparagraphs (i), or (ii) above is a member and to which that State has transferred competence over matters within the purview of this Agreement;and which accept this Agreement in accordance with the provisions of Article XI below, it being understood that these provisions shall not affect the membership status in the Commission of such States that are not members of the United Nations, any of its Specialised Agencies or the International Atomic Energy Agency as may have become parties to this Agreement prior to 22 May 1963. As regards Associate Members, this Agreement shall, in accordance with the provisions of Article XIV.5 of the Constitution and Rule XXI.3 of the General Rules of the Organisation, be submitted by the Organisation to the authority having responsibility for the international relations of such Associate Members.Article IIOrganisation1. Each Member shall be represented at sessions of the Commission by one delegate, who may be accompanied by an alternate and by experts and advisers. Participation in meetings of the Commission by alternates, experts, and advisers shall not entail the right to vote, except in the case of an alternate who is acting in the place of a delegate during his absence.2. Subject to paragraph 3, each Member shall have one vote. Decisions of the Commission shall be taken by a majority of the votes cast, except as otherwise provided by this Agreement. A majority of the total membership of the Commission shall constitute a quorum.3. A Regional Economic Integration Organisation that is a Member of the Commission shall be entitled to exercise in any meeting of the Commission or of any subsidiary body of the Commission a number of votes equal to the number of its Member States that are entitled to vote in such meeting.4. A Regional Economic Integration Organisation that is a Member of the Commission shall exercise its membership rights on an alternative basis with its Member States that are Members of the Commission in the areas of their respective competence. Whenever a Regional Economic Integration Organisation that is a Member of the Commission exercises its right to vote, its member States shall not exercise theirs, and conversely.5. Any Member of the Commission may request a Regional Economic Integration Organisation that is a Member of the Commission or its Member States that are Members of the Commission to provide information as to which, as between the Member Organisation and its Member States, has competence in respect of any specific question. The Regional Economic Integration Organisation or the Member States concerned shall provide this information on such request.6. Before any meeting of the Commission or a subsidiary body of the Commission, a Regional Economic Integration Organisation that is a Member of the Commission or its Member States that are Members of the Commission shall indicate which, as between the Regional Economic Integration Organisation and its Member States, has competence in respect to any specific question to be considered in the meeting and which, as between the Regional Economic Integration Organisation and its Member States, shall exercise the right to vote in respect of each particular agenda item. Nothing in this paragraph shall prevent a Regional Economic Integration Organisation that is a Member of the Commission or its Member States that are Members of the Commission from making a single declaration for the purposes of this paragraph, which declaration shall remain in force for questions and agenda items to be considered at all subsequent meetings subject to such exceptions or modifications as may be indicated before any individual meeting.7. In cases where an agenda item covers both matters in respect of which competence has been transferred to the Regional Economic Integration Organisation and matters which lie within the competence of its Member States, both the Regional Economic Integration Organisation and its Member States may participate in the discussions. In such cases the meeting, in arriving at its decisions, shall take into account only the intervention of the Member which has the right to vote.8. For the purpose of determining a quorum of any meeting of the Commission, the delegation of a Regional Economic Integration Organisation that is a Member of the Commission shall be counted to the extent that it is entitled to vote in the meeting in respect of which the quorum is sought.9. The Commission shall elect a Chairman and two Vice-Chairmen.10. The Chairman of the Commission shall normally convene a regular session of the Commission every year unless otherwise directed by a majority of the Members. The site and date of all sessions shall be determined by the Commission in consultation with the Director-General of the Organisation.11. The seat of the Commission shall be at the headquarters of the Organisation in Rome, or such other location as may be determined by the Commission.12. The Commission may, by a two-thirds majority of its membership, adopt and amend its own Rules of Procedure provided that such Rules of Procedure or the amendments thereto are not inconsistent with this Agreement or with the Constitution of the Organisation.13. The Commission may, by a two-thirds majority of its membership, adopt and amend its own Financial Regulations, provided that such Regulations shall be consistent with the Principles embodied in the Financial Regulations of the Organisation. Such Regulations shall be reported to the Finance Committee which shall have the power to disallow such Financial Regulations or amendment if it finds that they are inconsistent with the principles embodied in the Financial Regulations of the Organisation.Article IIIFunctions1. The purpose of the Commission shall be to promote the development, conservation, rational management and best utilisation of living marine resources, as well as the sustainable development of aquaculture in the Region, and to these ends it shall have the following functions and responsibilities:(a) to keep under review the state of these resources, including their abundance and the level of their exploitation, as well as the state of the fisheries based thereon;(b) to formulate and recommend, in accordance with the provisions of Article V, appropriate measures:(i) for the conservation and rational management of living marine resources, including measures:- regulating fishing methods and fishing gear,- prescribing the minimum size for individuals of specified species,- establishing open and close fishing seasons and areas,- regulating the amount of total catch and fishing effort and their allocation among Members,(ii) for the implementation of these recommendations;(c) to keep under review the economic and social aspects of the fishing industry and recommend any measures aimed at its development;(d) to encourage, recommend, coordinate and, as appropriate, undertake training and extension activities in all aspects of fisheries;(e) to encourage, recommend, coordinate and, as appropriate, undertake research and development activities, including cooperative projects in the areas of fisheries and the protection of living marine resources;(f) to assemble, publish or disseminate information regarding exploitable living marine resources and fisheries based on these resources;(g) to promote programmes for marine and brackish water aquaculture and coastal fisheries enhancement;(h) to carry out such other activities as may be necessary for the Commission to achieve its purpose as defined above.2. In formulating and recommending measures under paragraph 1(b) above, the Commission shall apply the precautionary approach to conservation and management decisions, and take into account also the best scientific evidence available and the need to promote the development and proper utilisation of the marine living resources.Article IVRegionThe Commission shall carry out the functions and responsibilities set forth in Article III in the Region as referred to in the Preamble.Article VRecommendations on management measures1. The recommendations referred to in Article III(1)(b), shall be adopted by a two-thirds majority of Members of the Commission present and voting. The text of such recommendations shall be communicated by the Chairman of the Commission to each Member.2. Subject to the provisions of this Article, the Members of the Commission undertake to give effect to any recommendations made by the Commission under Article III(1)(b), from the date determined by the Commission, which shall not be before the period for objection provided for in this Article has elapsed.3. Any Member of the Commission may within 120 days from the date of notification of a recommendation object to it and in that event shall not be under obligation to give effect to that recommendation. In the event of an objection being made within the 120 days period any other Member may similarly object at any time within a further period of 60 days. A Member may also at any time withdraw its objection and give effect to a recommendation.4. If objections to a recommendation are made by more than one-third of the Members of the Commission, the other Members shall be relieved forthwith of any obligation to give effect to that recommendation; nevertheless any or all of them may agree among themselves to give effect to it.5. The Chairman of the Commission shall notify each Member immediately upon receipt of each objection or withdrawal of objection.Article VIReportsThe Commission shall transmit, after each session, to the Director-General of the Organisation, a report embodying its views, recommendations and decisions, and make such other reports to the Director-General of the Organisation as may seem to it necessary or desirable. Reports of the committees and working parties of the Commission provided for in Article VII of the Agreement shall be transmitted to the Director-General of the Organisation through the Commission.Article VIICommittees, working parties and specialists1. The Commission may establish temporary, special or standing committees to study and report on matters pertaining to the purposes of the Commission and working parties to study and recommend on specific technical problems.2. The committees and working parties referred to in paragraph 1 above shall be convened by the Chairman of the Commission at such times and places as are determined by the Chairman in consultation with the Director-General of the Organisation, as appropriate.3. The establishment of committees and working parties referred to in paragraph 1 above and the recruitment or appointment of specialists, shall be subject to the availability of the necessary funds in the relevant chapter of the approved budget of the Commission. Before taking any decision involving expenditures in connection with the establishment of committees and working parties and the recruitment or appointment of specialists, the Commission shall have before it a report from the Secretary of the Commission on the administrative and financial implications thereof.Article VIIICooperation with international organisationsThe Commission shall cooperate closely with other international organisations in matters of mutual interest.Article VIIIaFinances1. Each Member of the Commission undertakes to contribute annually its share of the autonomous budget in accordance with a scale of contributions to be adopted by the Commission.2. At each regular session, the Commission shall adopt its autonomous budget by consensus of its Members, provided however that if, after every effort has been made, a consensus cannot be reached in the course of that session, the matter will be put to a vote and the budget shall be adopted by a two-thirds majority of its Members.3. (a) The amount of the contribution of each Member of the Commission shall be determined in accordance with a scheme which the Commission shall adopt and amend by consensus.(b) The scheme adopted or amended by the Commission shall be set out in the Financial Regulations of the Commission.4. Any non-Member of the Organisation that becomes a Member of the Commission shall be required to make such contribution towards the expenses incurred by the Organisation with respect to the activities of the Commission as the Commission may determine.5. Contributions shall be payable in freely convertible currencies unless otherwise determined by the Commission with the concurrence of the Director-General.6. The Commission may also accept donations and other forms of assistance from organisations, individuals and other sources for purposes connected with the fulfilment of any of its functions.7. Contributions and donations and other forms of assistance received shall be placed in a Trust Fund administered by the Director-General in conformity with the Financial Regulations of the Organisation.8. A Member of the Commission which is in arrears in the payment of its financial contributions to the Commission shall have no vote in the Commission if the amount of its arrears equals or exceeds the amount of the contributions due from it for the two preceding calendar years. The Commission may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay was due to conditions beyond the control of the Member but in no case shall it extend the right to vote beyond a further two calendar years.Article IXExpenses1. The expenses of delegates and their alternates, experts and advisers occasioned by attendance at sessions of the Commission and the expenses of representatives sent to committees or working parties established in accordance with Article VII of this Agreement shall be determined and paid by respective Members.2. The expenses of the Secretariat, including publications and communications and the expenses incurred by the Chairman and Vice-Chairmen of the Commission, when performing duties on behalf of the Commission between Commission sessions, shall be determined and paid from the budget of the Commission.3. The expenses of research and development projects undertaken by individual Members of the Commission, whether independently or upon recommendation of the Commission, shall be determined and paid by the Members concerned.4. The expenses incurred in connection with cooperative research or development projects undertaken in accordance with the provisions of Article III(1)(e), unless otherwise available shall be determined and paid by the Members in the form and proportion to which they shall mutually agree. Contributions for cooperative projects shall be paid into a trust fund to be established by the Organisation and shall be administered by the Organisation in accordance with the Financial Regulations and Rules of the Organisation.5. The expenses of experts invited to attend meetings of the Commission, committees or working parties in their individual capacity shall be borne by the budget of the Commission.6. The Commission may accept voluntary contributions generally or in connection with specific projects or activities of the Commission. Such contributions shall be paid into a trust fund to be established by the Organisation. The acceptance of such voluntary contributions and the administration of the trust fund shall be in accordance with the Financial Regulations and Rules of the Organisation.Article IXaAdministration1. The Secretary of the Commission (hereinafter referred to as the "Secretary") shall be appointed by the Director-General with the approval of the Commission, or in the event of appointment between regular sessions of the Commission, with the approval of the Members of the Commission.2. The Secretary shall be responsible for implementing the policies and activities of the Commission and shall report thereon to the Commission. The Secretary shall also act as Secretary to other subsidiary bodies established by the Commission, as required.3. The expenses of the Commission shall be paid out of its autonomous budget except those relating to such staff and facilities as can be made available by the Organisation. The expenses to be borne by the Organisation shall be determined and paid within the limits of the biennial budget prepared by the Director-General and approved by the Conference of the Organisation in accordance with the General Rules and the Financial Regulations of the Organisation.4. Expenses incurred by delegates, their alternates, experts and advisers when attending, as government representatives, sessions of the Commission, its sub-commissions and its committees, as well as the expenses incurred by observers at sessions, shall be borne by the respective governments or organisations. The expenses of experts invited by the Commission to attend, in their individual capacity, meetings of the Commission or its sub-commissions or committees shall be borne by the budget of the Commission.Article XAmendments1. The General Fisheries Commission for the Mediterranean may amend this Agreement by a two-thirds majority of all the Members of the Commission. Subject to paragraph 2 below, amendments shall come into force as from the date of their adoption by the Commission.2. Amendments involving new obligations for Members shall come into force after acceptance by two-thirds of the Members of the Commission and with respect to each Member only on acceptance of it by that Member. The instruments of acceptance of amendments involving new obligations shall be deposited with the Director-General of the Organisation who shall inform all the Members of the General Fisheries Commission for the Mediterranean, as well as the Secretary-General of the United Nations, of the receipt of acceptance and the entry into force of such amendments. The rights and obligations of any Member of the General Fisheries Commission for the Mediterranean that has not accepted an amendment involving additional obligations shall continue to be governed by the provisions of this Agreement as they stood prior to the amendment.3. Amendments to this Agreement shall be reported to the Council of the Organisation which shall have the power to disallow any amendment which it finds to be inconsistent with the objectives and purposes of the Organisation or the provisions of the Constitution of the Organisation. If the Council of the Organisation considers it desirable, it may refer the amendment to the Conference of the Organisation which shall have the same power.Article XIAcceptance1. This Agreement shall be open to acceptance by Members or Associate Members of the Organisation.2. The Commission may, by a two-thirds majority of its membership, admit to membership such other States that are Members of the United Nations, any of its Specialised Agencies or the International Atomic Energy Agency as have submitted an application for membership and a declaration made in a formal instrument that they accept this Agreement as in force at the time of admission.3. Participation in the activities of the Commission by Members of the Commission which are not Members or Associate Members of the Organisation shall be contingent upon the assumption of such proportionate share in the expenses of the Secretariat as may be determined in the light of the relevant provisions of the Financial Regulations of the Organisation.4. Acceptance of this Agreement by any Member or Associate Member of the Organisation shall be effected by the deposit of an instrument of acceptance with the Director-General of the Organisation and shall take effect on receipt of such instrument by the Director-General.5. Acceptance of this Agreement by non-members of the Organisation shall be effected by the deposit of an instrument of acceptance with the Director-General of the Organisation. Membership shall become effective on the date on which the Commission approves the application for membership, in conformity with the provisions of paragraph 2 of this Article.6. The Director-General of the Organisation shall inform all Members of the Commission, all Members of the Organisation and the Secretary-General of the United Nations of all acceptances that have become effective.7. Acceptance of this Agreement may be made subject to reservations which shall become effective only upon unanimous approval by the Members of the Commission. Members of the Commission not having replied within three months from the date of the notification shall be deemed to have accepted the reservation. Failing such approval, the nation or regional economic integration organisation making the reservation shall not become a party to this Agreement. The Director-General of the Organisation shall notify forthwith all Members of the Commission of any reservations.8. References in this Agreement to the United Nations Convention on the Law of the Sea, 1982, or to other international agreements do not prejudice the position of any State with respect to signature, ratification, or accession to the 1982 United Nations Convention or with respect to other agreements.Article XIIEntry into forceThis Agreement shall enter into force as from the date of receipt of the fifth instrument of acceptance.Article XIIITerritorial applicationThe Members of the Commission shall, when accepting this Agreement, state explicitly to which territories their participation shall extend. In the absence of such a declaration, participation shall be deemed to apply to all the territories for the international relations of which the Member is responsible. Subject to the provisions of Article XIV below, the scope of the territorial application may be modified by a subsequent declaration.Article XIVWithdrawal1. Any Member may withdraw from this Agreement at any time after the expiration of two years from the date upon which the Agreement entered into force with respect to that Member, by giving written notice of such withdrawal to the Director-General of the Organisation who shall immediately inform all the Members of the Commission and the Members of the Organisation of such withdrawal. Notice of withdrawal shall become effective three months from the date of its receipt by the Director-General.2. A Member of the Commission may give notice of withdrawal with respect to one or more of the territories for the international relations of which it is responsible. When a Member gives notice of its own withdrawal from the Commission it shall state to which territory or territories the withdrawal is to apply. In the absence of such a declaration, the withdrawal shall be deemed to apply to all the territories for the international relations of which the Member of the Commission is responsible, with the exception of Associate Members.3. Any Member of the Commission that gives notice of withdrawal from the Organisation shall be deemed to have simultaneously withdrawn from the Commission, and this withdrawal shall be deemed to apply to all the territories for the international relations of which the Member concerned is responsible, except that such withdrawal shall not be deemed to apply to an Associate Member.Article XVInterpretation and settlement of disputesAny dispute regarding the interpretation or application of this Agreement, if not settled by the Commission, shall be referred to a committee composed of one member appointed by each of the parties to the dispute, and in addition an independent chairman chosen by the members of the committee. The recommendations of such a committee, while not binding in character, shall become the basis for renewed consideration by the parties concerned of the matter out of which the disagreement arose. If as the result of this procedure the dispute is not settled, it shall be referred to the International Court of Justice in accordance with the Statute of the Court, or, in the case of a Regional Economic Integration Organisation that is a Member of the Commission, it shall be submitted to arbitration unless the parties to the dispute agree to another method of settlement.Article XVITerminationThis Agreement shall be automatically terminated if and when, as the result of withdrawals, the number of Members of the Commission drops below five, unless the remaining Members unanimously decide otherwise.Article XVIICertification and registrationThe text of this Agreement was originally formulated at Rome on the twenty-fourth day of September one thousand nine hundred and forty-nine in the French language. Two copies in the English, French and Spanish languages of this Agreement and of any amendments to this Agreement shall be certified by the Chairman of the Commission and by the Director-General of the Organisation. One of these copies shall be deposited in the archives of the Organisation. The other copy shall be transmitted to the Secretary-General of the United Nations for registration. In addition, the Director-General shall certify copies of this Agreement and transmit one copy to each Member of the Organisation and to such non-member nations of the Organisation that are or may become parties to this Agreement.RULES OF PROCEDURE OF THE GENERAL FISHERIES COMMISSION FOR THE MEDITERRANEANRule IFor the purpose of these Rules, the following definitions apply:Agreement:The Agreement for the establishment of the General Fisheries Commission for the Mediterranean formulated at Rome (Italy), 24 September 1949 as amended in conformity with Article X thereof.Commission:The General Fisheries Commission for the Mediterranean.Chairman:The Chairman of the Commission.Vice-Chairman:The Vice-Chairman of the Commission.Delegate:The representative of a Member as specified in Article II(1) of the Agreement.Delegation:The delegate and his alternate, experts, and advisers.Member:Members and Associate Members of the Organisation, and non-members of the Organisation, as may be Members of the Commission.Secretary:The Secretary of the Commission.Organisation:The Food and Agriculture Organisation of the United Nations.Conference:The Conference of the Organisation.Observer nation, Associate Member or Organisation:A nation that is not a Member of the Commission or of the Organisation, or an international organisation invited to attend a session of the Commission, or a Member or Associate Member of the Organisation attending a session of the Commission while not a Member of the Commission.Observer:The representative of an observer nation or organisation.Rule IISessions of the Commission1. In pursuance of, and in accordance with, Article II(10) of the Agreement, the Commission, in consultation with the Director-General, shall at each regular session decide the time and place for the next session in accordance with the requirements of the Commission's programmes and the terms of the invitation of the country in which the session is to be held. The Chairman, accordingly, shall issue the announcement of the session.2. The Chairman may convene a special session of the Commission at the request or with the approval of the majority of the Members.3. Invitations to a regular session of the Commission shall be issued by the Secretary on behalf of the Chairman not less than sixty days in advance of the date fixed for the opening of the session. Invitations to special sessions shall be issued not less than forty days in advance of the date fixed for the opening of the session.4. In order that a proposal to hold a session of the Commission or any of its organs, in a given country, may be considered, such country must have (a) ratified without reservation the Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations, or (b) given the assurance that all delegates, representatives, experts, observers, or other persons entitled to attend such session in accordance with the terms of the Agreement or these Rules, will enjoy the privileges and immunities necessary for the independent exercise of their function in connection with the session.Rule IIICredentialsAt each session the Secretary shall receive the credentials of delegations and observers. Such credentials shall conform to the standard form set by the Secretariat. Upon examination thereof the Secretariat shall report to the Commission for the necessary action.Rule IVAgenda1. The agenda of each regular session shall include:(a) as appropriate, election of the Chairman and of two Vice-Chairmen as provided under Article II(9) of the Agreement;(b) adoption of the agenda;(c) a report by the Secretary on the financial affairs and activities of the Commission;(d) consideration of the proposed budget;(e) reports of committees;(f) consideration of the time and place of the next session;(g) proposals for amendments to the Agreement and the present Rules of Procedure;(h) applications for membership, in accordance with Article XI(2) of the Agreement, from States which, while not Members of the Organisation, are Members of the United Nations, any of its Specialised Agencies or the International Atomic Energy Agency;(i) items referred to the General Fisheries Commission for the Mediterranean by the Conference, the Council or the Director-General of the Organisation.2. The agenda shall also include, upon approval by the Commission:(a) items approved at the previous session;(b) items proposed by a Member.3. The provisional agenda shall be sent by the Secretary to members and observer nations and organisations not less than 60 days before the date of the session, together with reports and documents available in connection therewith.4. The agenda of a special session shall consist only of items relating to the purpose for which the session was called.Rule VThe Secretariat1. The Secretariat shall consist of the Secretary and such staff responsible to him as may be determined by the Director-General.2. The duties of the Secretary shall include the receipt, collation, and circulation of documents, reports, and resolutions of the sessions of the Commission and its committees, the record of their proceedings, the certification of expenditures and financial commitments, and the performance of such other duties as the Commission may direct.3. Copies of all communications concerning the affairs of the Commission shall be sent to the Secretary for purposes of information and record.Rule VIPlenary meetings of the CommissionPlenary meetings of the Commission shall be held in public unless otherwise decided by the Commission. When the Commission decides to hold a private meeting, it shall at the same time determine the scope of such a decision with respect to observers.Rule VIIElection of Chairman and Vice-Chairmen1. The Commission shall elect the Chairman and first and second Vice-Chairman of the Commission who shall assume office immediately following the regular session at which they were elected and who shall be elected for two regular sessions.2. Nominees must be delegates or alternates present at the regular session at which they are to be elected. They shall be eligible for re-election for a further two regular sessions.Rule VIIIFunctions of the Chairman and Vice-Chairmen1. The Chairman shall exercise the functions conferred on him elsewhere in these Rules and, in particular, shall:(a) declare the opening and closing of each plenary meeting of the Commission;(b) direct the discussions at such meetings and ensure observance of these Rules, accord the right to speak, put questions and announce decisions;(c) rule on points of order;(d) subject to these Rules, have complete control over the proceedings of the session;(e) appoint such committees of the session as the Commission may direct.2. In the absence of the Chairman, or at his request, his functions shall be exercised by the first Vice-Chairman or, in the absence of the latter, by the second Vice-Chairman.3. The Chairman or Vice-Chairmen, when acting as Chairman shall not vote and another member of their delegations shall represent their governments.4. The Secretary shall temporarily exercise the functions of the Chairman in the event the Chairman and Vice-Chairmen are unable to serve.Rule IXVoting arrangements and procedures1. Except as provided in paragraph 4 of this Rule, voting in plenary meetings shall be oral or by show of hands, except that a vote by roll call shall be taken if a special majority is required by the Agreement or these Rules, or if a request for a vote by roll call is made by any delegation.2. A vote by roll call shall be conducted by calling upon delegations in the French alphabetical order.3. The record of any roll call vote shall show the votes cast by each delegate and any abstention.4. Voting on matters relating to individuals, except the election of officers of the Commission and its committees, shall be by secret ballot.5. When no nominee for an office obtains on the first ballot a majority of the votes cast, there shall be taken a second ballot confined to the two candidates obtaining the largest number of votes. If, on the second ballot, the votes are equally divided, the Chairman shall decide between the candidates by drawing lots.6. If the Commission is equally divided when a vote is taken on a question other than election, a second vote shall be taken at the next meeting of the current session. If the Commission is then again equally divided, the proposal shall be regarded as rejected.7. Voting arrangements and other related matters not specifically provided for by the Agreement, or by these Rules, shall be governed mutatis mutandis by the provisions of the General Rules of the Organisation.Rule XCommittees1. There shall be established a Committee on Aquaculture which shall be open to all members of the Commission and which shall:(a) monitor development and trends of aquaculture practices in the region;(b) monitor the interaction between aquaculture development and the environment;(c) oversee and guide work of the four networks created as a result of the activities of MEDRAP II and in particular by monitoring the progress, evaluating the proposed programmes of the various networks, and directing the work of the SIPAM network through the FAO Secretariat;(d) seek additional support to complement the contribution of the institutions, which support the established networks, namely, CIHEAM, MAP-PAP/RAC and FAO, and to enhance the work of the four networks;(e) carry out other duties related to aquaculture promotion and development that may be referred to it by the Commission.2. (a) There shall be established a Scientific Advisory Committee which shall provide scientific, social and economic information, data, or advice relating to the work of the Commission.(b) The Committee shall be open to all members of the Commission. Each Member of the Commission may designate a member of the Committee, and a member may be accompanied by experts.(c) The Committee may establish working groups to analyse data and to advise the Committee on the state of shared and straddling resources.(d) The Committee shall provide independent advice on the technical and scientific bases for decisions concerning fisheries conservation and management, including biological, social and economic aspects, and in particular, it shall:(1) assess information provided by members and relevant fisheries organisations or programmes on catches, fishing effort, and other data relevant to the conservation and management of fisheries;(2) formulate advice to the Commission on the conservation and management of fisheries;(3) identify cooperative research programmes and coordinate their implementation;(4) undertake such other functions or responsibilities as may be conferred on it by the Commission.(e) Members have an obligation to provide information on catches and other data relevant to the functions of the committee in such a way as to enable the Committee to fulfil its responsibilities under this paragraph.3. The Commission may establish such other committees and working parties as it considers desirable.4. The establishment of committees and working parties under this Rule shall be subject to the provisions of Article VII(4) of the Agreement.5. The procedures of such committees and working parties shall be governed mutatis mutandis by the Rules of Procedure of the Commission.Rule XIBudget and finance1. Except as otherwise provided in these Rules, the Financial Regulations of the Organisation, as amplified by the Administrative Manual and memoranda and the procedures based thereon, shall apply to the Commission.2. A proposed budget of the Commission for the next succeeding financial period consisting of proposed expenses of the Secretariat, including publications and communications, the proposed travelling expenses of the Chairman and Vice-Chairmen, when engaged in the work of the Commission between its sessions, and the expense, if any, of the committees, shall after approval by the Commission be submitted to the Director-General for consideration in the preparation of the general budget estimates of the Organisation.3. When adopted by the Conference as part of the general budget of the Organisation, the budget of the Commission shall constitute the limits within which funds may be committed for purposes approved by the Conference.4. All cooperative projects shall be submitted to the Council or the Conference of the Organisation prior to implementation.Rule XIIParticipation by observers1. Participation of international organisations in the work of the Commission and the relations between the Commission and such organisations shall be governed by the relevant provisions of the Organisation, as well as by the rules on relations with international organisations adopted by the Conference or Council of the Organisation.2. Members and Associate Members of the Organisation that are not members of the Commission may, upon their request, be represented by an observer at sessions of the Commission and its subsidiary bodies.3. States that are not Members of the Commission, nor Members or Associate Members of the Organisation, but are Members of the United Nations, any of its Specialised Agencies or the International Atomic Energy Agency may, upon request, and with the approval of the Council of the Organisation and of the General Fisheries Commission for the Mediterranean, attend sessions of the Commission and its subsidiary bodies in an observer capacity, in accordance with the Statement of Principles adopted by the Conference relating to the granting of observer status to nations.4. Unless the Commission expressly determines otherwise, observers may attend the plenary meetings of the Commission and participate in the discussions at any technical committee sessions which they may be invited to attend. In no case will they be entitled to vote.Rule XIIICooperative projectsIn the furtherance of cooperative projects provided for in Article III(1)(e) of the Agreement, and of studies undertaken outside the region referred to in the Preamble of the Agreement, arrangements may be made with governments that are not members of the Commission. All such arrangements shall be made by the Director-General of the Organisation.Rule XIVRecords, reports and recommendations1. Summary records shall be made of each plenary meeting of the Commission and each committee meeting, and shall be distributed as soon as possible to the participants.2. A summary shall be prepared of the proceedings of each session of the Commission and shall be published together with such reports of committees, technical papers and other documents as the Commission may consider advisable.3. At each session the Commission shall approve a report embodying its views, recommendations, resolutions and decisions, including, when requested, a statement of minority views.4. Subject to the provisions of Article V of the Agreement, the conclusions and recommendations of the Commission shall be transmitted to the Director-General of the Organisation at the close of each session, who shall circulate them to Members of the Commission, nations and international organisations that were represented at the session and make them available to other Members and Associate Members of the Organisation for their information.5. Recommendations having policy, programme or financial implications for the Organisation shall be brought by the Director-General to the attention of the Conference through the Council of the Organisation for action.6. Subject to the provisions of the preceding paragraph, the Chairman may request Members of the Commission to supply the Commission or the Director-General with information on action taken on the basis of recommendations made by the Commission.Rule XVRecommendations to Members1. The Commission may take recommendations for action by Members on any matter pertaining to the functions described in Article III of the Agreement.2. The Secretary shall receive on behalf of the Commission the replies of the Members in respect of such recommendations and shall prepare a summary and an analysis of such communications for presentation at the next session.Rule XVIAmendments to the Agreement1. Proposals for the amendment of the Agreement as provided by Article X of the Agreement may be made by any Member in a communication addressed to the Secretary. The Secretary shall transmit to all Members and to the Director-General a copy of such proposals for amendment immediately upon their receipt.2. No action on a proposal for the amendment of the Agreement shall be taken by the Commission at any session unless it has been included in the provisional agenda of the session.Rule XVIISuspension and amendment of Rules1. Subject to the provisions of the Agreement any of the foregoing Rules, other than Rules IV, V, X(3) and (4), XI, XII, XIV(4) and XVI, may be suspended on the motion of any delegation by a majority of the votes cast at any plenary meeting of the Commission, provided that announcement is made at a plenary meeting of the Commission and copies of the proposal for suspension have been distributed to the delegations not less than 48 hours before the meeting at which action is to be taken.2. Amendments of, or addition to, these Rules may be adopted on the motion of any delegation by a two-thirds majority of the Members of the Commission, at any plenary meeting of the Commission, provided an announcement is made at a plenary meeting and copies of the proposal for the amendment or addition have been distributed to delegations not less than 24 hours before the meeting at which action is to be taken.3. Any amendment to Rule XVI which may be adopted in accordance with the provisions of paragraph 2 of this Rule, shall not become effective until the next session of the Commission.Rule XVIIIOfficial languages1. The official languages of the Commission shall be such languages of the Organisation as the Commission itself may decide. The delegations may use any one of these languages at sessions and for their reports and communications. A delegation using a non-official language shall provide for interpretation into one of the official languages.2. During the meetings, interpretation in one or more of the official languages will be provided by the Secretariat when requested by one of the delegates present.3. Publications of reports and communications shall be in the language in which they are submitted and, when required by the Commission, abstracts in translation may be published.


title: Council Decision (CFSP) 2016/2360 of 28 November 2016 on the signing and conclusion of the Acquisition and Cross-Servicing Agreement between the European Union and the United States of America

text:
               22.12.2016

               EN

               Official Journal of the European Union

               L 350/1

         COUNCIL DECISION (CFSP) 2016/2360
   of 28 November 2016
   on the signing and conclusion of the Acquisition and Cross-Servicing Agreement between the European Union and the United States of America
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 37 thereof, in conjunction with Article 218(5) and (6) of the Treaty on the Functioning of the European Union,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               By virtue of Article 42 TEU, the Union may carry out military operations outside the Union. With a view to preparing those operations, military exercises could also take place outside the Union.

               (2)

               Such operations may require logistic support, and supplies and services for the benefit of the deployed headquarters and the deployed national contingents of the operation that the Member States are not always able to provide.

               (3)

               There is also a possibility that the deployed headquarters or the deployed national contingents of the operation may be asked and be ready to provide logistic support, and supplies and services to units of the United States of America present in the theatre of the operation.

               (4)

               Pursuant to Article 41(2) TEU, operating expenditure to which military operations give rise is to be charged to the Member States. In view of that provision, the Union is not allowed to make commitments which could result in financial consequences for the Member States.

               (5)

               The Athena Mechanism set up by Council Decision (CFSP) 2015/528 (1) is authorised to act on behalf of the Member States in the field of the financing of the Union military operations.

               (6)

               Following the adoption of a Decision by the Council on 17 November 2015 authorising the opening of negotiations, the High Representative of the Union for Foreign Affairs and Security Policy negotiated the Acquisition and Cross-Servicing Agreement between the European Union and the United States of America (‘the Agreement’).

               (7)

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

               (8)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Acquisition and Cross-Servicing Agreement between the European Union and the United States of America is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 28 November 2016.

            For the Council

            The President

         P. ŽIGA

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


Avis juridique important

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31991D0386

91/386/EEC, Euratom: Council Decision of 22 July 1991 appointing a member of the Economic and Social Committee

Official Journal L 208 , 30/07/1991 P. 0072 - 0072

COUNCIL DECISION  of 22 July 1991  appointing a member of the Economic and Social Committee  (91/386/EEC, Euratom)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 193 to 195 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,  Having regard to the Convention on certain Institutions common to the European Communities, and in particular Article 5 thereof,  Having regard to the Council Decision of 17 December 1990 appointing Mr François Willekens a member of the Economic and Social Committee for the period ending on 20 September 1994 (1).  Whereas a seat has become vacant on the above Committee as a result of the incompatibility of Mr François Willekens as from 6 January 1991,  Having regard to the nominations submitted by the Permanent Representation of Belgium on 28 May 1991,  Having obtained the favourable opinion of the Commission of the European Communities,  HAS DECIDED AS FOLLOWS:  Sole Article  Mr Ronald Janssens is hereby appointed member of the Economic and Social Committee in place of Mr François Willekens for the remainder of his term of office, which runs until 20 September 1994. Done at Brussels, 22 July 1991. For the  Council  The President  P. DANKERT   (1) OJ No L 360, 22. 12. 1990, p. 81.


title: 2010/555/EU: Decision of the European Parliament of 5 May 2010 on the closure of the accounts of the SESAR Joint Undertaking for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/231

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on the closure of the accounts of the SESAR Joint Undertaking for the financial year 2008
   (2010/555/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the SESAR Joint Undertaking for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the SESAR Joint Undertaking for the financial year ended 31 December 2008, together with the replies of the Joint Undertaking (1),
   having regard to the Council’s recommendation of 16 February 2010 (5829/2010 — C7-0060/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) (3), and in particular Article 4b thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0077/2010),

               1.

               Approves the closure of the accounts of the SESAR Joint Undertaking for the financial year 2008;

               2.

               Instructs its President to forward this Decision to the Executive Director of the SESAR Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 310, 18.12.2009, p. 9.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 64, 2.3.2007, p. 1.

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


Important legal notice

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32004D0188

2004/188/CFSP: Council Decision 2004/188/CFSP of 23 February 2004 concerning the appointment of the Head of Mission/Police Commissioner of the European Union Police Mission (EUPM)

Official Journal L 058 , 26/02/2004 P. 0027 - 0027

Council Decision 2004/188/CFSPof 23 February 2004concerning the appointment of the Head of Mission/Police Commissioner of the European Union Police Mission (EUPM)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 23(2) thereof,Having regard to Council Joint Action 2002/210/CFSP of 11 March 2002 on the European Union Police Mission(1), and in particular Article 4 thereof,Whereas:(1) Article 4 of Joint Action 2002/210/CFSP provides that the Council, upon a proposal by the Secretary-General/High Representative, shall appoint a Head of Mission/Police Commissioner.(2) The Secretary-General/High Representative has proposed the appointment of assistant Commissioner Bartholomew Kevin Carty,HAS DECIDED AS FOLLOWS:Article 1Mr Bartholomew Kevin Carty is hereby appointed Head of Mission/Police Commissioner of the EUPM as of 1 March 2004.Article 2This Decision shall take effect on the day of its adoption.It shall apply until 1 March 2005.Article 3This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 23 February 2004.For the CouncilThe PresidentB. Cowen(1) OJ L 70, 13.3.2002, p. 1.


Avis juridique important

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32000D0445

2000/445/EC: Council Decision of 29 June 2000 concerning the conclusion of an Agreement in the form of an Exchange of Letters on the provisional application of the Protocol defining, for the period 3 December 1999 to 2 December 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of Mauritius on fishing in the waters of Mauritius

Official Journal L 180 , 19/07/2000 P. 0027 - 0028

Council Decisionof 29 June 2000concerning the conclusion of an Agreement in the form of an Exchange of Letters on the provisional application of the Protocol defining, for the period 3 December 1999 to 2 December 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of Mauritius on fishing in the waters of Mauritius(2000/445/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 300(2) thereof,Having regard to the proposal from the Commission(1),Whereas:(1) The Community and Mauritius have held negotiations to determine the amendments or additions to be made to the Agreement between the European Community and the Government of Mauritius on fishing in Mautitian waters(2) at the end of the period of application of the Protocol defining, for the period 1 December 1996 to 30 November 1999, the fishing opportunities and the financial contribution provided for by the Agreement(3).(2) As a result of these negotiations, a new Protocol was initialled on 3 December 1999.(3) Under this Protocol, Community fishermen enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of Mauritius for the period 3 December 1999 to 2 December 2002.(4) In order to resume the fishing activities by Community vessels, it is essential that the Protocol in question be approved at the earliest opportunity. Both Parties have therefore initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from the day of its signature. The Agreement in the form of an Exchange of Letters should be concluded, subject to a definitive decision under Article 37 of the Treaty.(5) The method for allocating the fishing opportunities among Member States should be defined on the basis of the traditional allocation of fishing opportunities under the Fisheries Agreement,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters on the provisional application of the Protocol defining, for the period 3 December 1999 to 2 December 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of Mauritius on fishing in the waters of Mauritius is hereby approved on behalf of the Community.The texts of the Agreement and of the Protocol are attached to this Decision.Article 2The fishing opportunities fixed in the Protocol shall be allocated among the Member States as follows:- tuna seiners: France 20, Spain 20, Italy two, United Kingdom one,- surface long-liners: Spain 19, France 13, Portugal eight,- vessels fishing by line: France 25 grt/month on an annual average.If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.Article 3The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.Done at Luxembourg, 29 June 2000.For the CouncilThe PresidentM. Arcanjo(1) Not yet published in the Official Journal.(2) OJ L 159, 10.6.1989, p. 2.(3) OJ L 278, 11.10.1997, p. 3.


Avis juridique important

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31984D0358

84/358/EEC: Council Decision of 28 June 1984 concerning the conclusion of the Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances

Official Journal L 188 , 16/07/1984 P. 0007 - 0016 Finnish special edition: Chapter 15 Volume 4 P. 0189  Spanish special edition: Chapter 15 Volume 4 P. 0034  Swedish special edition: Chapter 15 Volume 4 P. 0189  Portuguese special edition Chapter 15 Volume 4 P. 0034

COUNCIL DECISION of 28 June 1984 concerning the conclusion of the Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances (84/358/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas the first two action programmes of the European Communities on the environment (3) emphasize the importance for the Community of dealing with pollution of the seas in general and make provision inter alia for Community measures to deal with pollution caused by transport and shipping ; whereas they specify that the task of protecting sea water constitutes a matter of priority with a view to maintaining vital ecological balances;  Whereas the third Community action programme on the environment (4), of which the Council of the European Communities and the representatives of the Governments of the Member States, meeting within the Council, approved the general guidelines on 7 February 1983, recognizes in particular the need for a better policy of coordination on the environmental problems of the North Sea;  Whereas by its Decision of 19 May 1981 the Council authorized the Commission to negotiate the accession of the European Economic Community to the Agreement of 9 June 1969 for cooperation in dealing with pollution of the North Sea by oil;  Whereas by virtue of Council Decision of 9 September 1983 the Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances, was signed on 13 September 1983;  Whereas it is necessary for the Community to approve that Agreement in order to take part in the information exchange and common research and thus achieve the above objectives, alongside Member States and without prejudice to the role hitherto played by them within the framework of the Agreement of 9 June 1969 ; whereas future Community acts are not hereby prejudiced;  Whereas the Agreement of 13 September 1983 provides for exchange of information, common research and cooperation at sea, which of their nature do not constitute common rules which might be affected by agreements which the Member States might wish to conclude within this area,  (1) OJ No C 40, 15.2.1984, p. 5. (2) OJ No C 127, 14.5.1984, p. 120. (3) OJ No C 112, 20.12.1973, p. 1 and OJ No C 139, 13.6.1977, p. 1. (4) OJ No C 46, 17.2.1983, p. 1.   HAS DECIDED AS FOLLOWS:    Article 1 The Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances is hereby approved on behalf of the European Economic Community.  The text of the Agreement is attached to this Decision.   Article 2 The President of the Council shall deposit the instrument as provided for in Article 18 of the Agreement.     Done at Luxembourg, 28 June 1984.  For the Council  The President  H. BOUCHARDEAU           AGREEMENT for cooperation in dealing with pollution of the North Sea by oil and other harmful substances (Bonn Agreement)     THE GOVERNMENTS OF THE KINGDOM OF BELGIUM, THE KINGDOM OF DENMARK, THE FRENCH REPUBLIC, THE FEDERAL REPUBLIC OF GERMANY, THE KINGDOM OF THE NETHERLANDS, THE KINGDOM OF NORWAY, THE KINGDOM OF SWEDEN, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE EUROPEAN ECONOMIC COMMUNITY,  RECOGNIZING that pollution of the sea by oil and other harmful substances in the North Sea area may threaten the marine environment and the interests of coastal States,  NOTING that such pollution has many sources and that casualties and other incidents at sea are of great concern,  CONVINCED that an ability to combat such pollution as well as active cooperation and mutual assistance among States are necessary for the protection of their coasts and related interests,  WELCOMING the progress that has already been achieved within the framework of the Agreement for cooperation in dealing with pollution of the North Sea by oil, signed at Bonn on 9 June 1969,  WISHING to develop further mutual assistance and cooperation in combating pollution,  HAVE AGREED AS FOLLOWS:    Article 1 This Agreement shall apply whenever the presence or the prospective presence of oil or other harmful substances polluting or threatening to pollute the sea within the North Sea area, as defined in Article 2 of this Agreement, presents a grave and imminent danger to the coast or related interests of one or more Contracting Parties.   Article 2 For the purpose of this Agreement the North Sea area means the North Sea proper southwards of latitude 61°N, together with:    (a) the Skagerrak, the southern limit of which is determined east of the Skaw by the latitude 57°44'00",8N;       (b) the English Channel and its approaches eastwards of a line drawn 50 nautical miles to the west of a line joining the Scilly Isles and Ushant.          Article 3 1. The Contracting Parties consider that protection against pollution of the kind referred to in Article 1 of this Agreement is a matter which calls for active cooperation between them.  2. The Contracting Parties shall jointly develop and establish guidelines for the practical, operational and technical aspects of joint action.   Article 4 Contracting Parties undertake to inform the other Contracting Parties about:    (a) their national organization for dealing with pollution of the kind referred to in Article 1 of this Agreement;       (b) the competent authority responsible for receiving and dispatching reports of such pollution and for dealing with questions concerning  measures of mutual assistance between Contracting Parties;       (c) their national means for avoiding or dealing with such pollution, which might be made available for international assistance;       (d) new ways in which such pollution may be avoided and about new effective measures to deal with it;       (e) major pollution incidents of this kind dealt with.          Article 5 1. Whenever a Contracting Party is aware of a casualty or the presence of oil or other harmful substances in the North Sea area likely to constitute a serious threat to the coast or related interests of any other Contracting Party, it shall inform that Party without delay through its competent authority.  2. The Contracting Parties undertake to request the masters of all ships flying their flags and pilots of aircraft registered in their countries to report without delay through the channels which may be most practicable and adequate in the circumstances:    (a) all casualties causing or likely to cause pollution of the sea;       (b) the presence, nature and extent of oil or other harmful substances likely to constitute a serious threat to the coast or relating interests of one or more Contracting Parties.         3. The Contracting Parties shall establish a standard form for the reporting of pollution as required under paragraph 1 of this Article.   Article 6 1. For the sole purpose of this Agreement the North Sea area is divided into the zones described in the Annex to this Agreement.  2. The Contracting Party within whose zone a situation of the kind described in Article 1 of this Agreement occurs, shall make the necessary assessments of the nature and extent of any casualty or, as the case may be, of the type and approximate quantity of oil or other harmful substances and the direction and speed of movement thereof.  3. The Contracting Party concerned shall immediately inform all the other Contracting Parties through their competent authorities of its assessments and of any action which it has taken to deal with the oil or other harmful substances and shall keep these substances under observation as long as they are present in its zone.  4. The obligations of the Contracting Parties under the provisions of this Article with respect to the zones of joint responsibility shall be the subject of special technical arrangements to be concluded between the Parties concerned. These arrangements shall be communicated to the other Contracting Parties.   Article 7 A Contracting Party requiring assistance to deal with pollution or the prospective presence of pollution at sea or on its coast may call on the help of the other Contracting Parties. Contracting Parties requesting assistance shall specify the kind of assistance they require. The Contracting Parties called upon for help in accordance with this Article shall use their best endeavours to bring such assistance as is within their power taking into account, particularly in the case of pollution by harmful substances other than oil, the technological means available to them.   Article 8 1. The provisions of this Agreement shall not be interpreted as in any way prejudicing the rights and obligations of the Contracting Parties under international law, especially in the field of the prevention and combating of marine pollution.  2. In no case shall the division into zones referred to in Article 6 of this Agreement be invoked as a precedent or argument in any matter concerning sovereignty or jurisdiction.   Article 9 1. In the absence of an agreement concerning the financial arrangements governing actions of Contracting Parties to deal with pollution which might be concluded on a bilateral or multilateral basis or  on the occasion of a joint combating operation, Contracting Parties shall bear the costs of their respective actions in dealing with pollution in accordance with subparagraphs (a) or (b) below:    (a) if the action was taken by one Contracting Party at the express request of another Contracting Party, the Contracting Party requesting such assistance shall reimburse to the assisting Contracting Party the costs of its action;       (b) if the action was taken by a Contracting Party on its own initiative, this Contracting Party shall bear the costs of its action.         2. The Contracting Party requesting assistance may cancel its request at any time, but in that case it shall bear the costs already incurred or committed by the assisting Contracting Party.   Article 10 Unless otherwise agreed the costs of action taken by a Contracting Party at the request of another Contracting Party shall be calculated according to the law and current practice in the assisting country concerning the reimbursement of such costs by a person or entity liable.   Article 11 Article 9 of this Agreement shall not be interpreted as in any way prejudicing the rights of Contracting Parties to recover from third parties the costs of action to deal with pollution or the threat of pollution under other applicable provisions and rules of national and international law.   Article 12 1. Meetings of the Contracting Parties shall be held at regular intervals and at any time when, due to special circumstances, it is so decided in accordance with the Rules of Procedure.  2. The Contracting Parties at their first meeting shall draw up Rules of Procedure and Financial Rules, which shall be adopted by unanimous vote.  3. The Depositary Government shall convene the first meeting of Contracting Parties as soon as possible after the entry into force of this Agreement.   Article 13 Within the areas of its competence, the European Economic Community is entitled to a number of votes equal to the number of its Member States which are Contracting Parties to the present Agreement. The European Economic Community shall not exercise its right to vote in cases where its Member States exercise theirs and conversely.   Article 14 It shall be the duty of meetings of the Contracting Parties:    (a) to exercise overall supervision over the implementation of this Agreement;       (b) to review the effectiveness of the measures taken under this Agreement;       (c) to carry out such other functions as may be necessary under the terms of this Agreement.          Article 15 1. The Contracting Parties shall make provision for the performance of secretariat duties in relation to this Agreement, taking into account existing arrangements in the framework of other international agreements on the prevention of marine pollution in force for the same region as this Agreement.  2. Each Contracting Party shall contribute 2,5 % towards the annual expenditure of the Agreement. The ballance of the Agreement's expenditure shall be divided among Contracting Parties other than the European Economic Community in proportion to their gross national product in accordance with the scale of assessment adopted regularly by the United Nations General Assembly. In no case shall the contribution of a Contracting Party to this balance exceed 20 % of the balance.   Article 16 1. Without prejudice to Article 17 of this Agreement, a proposal by a Contracting Party for the amendment of this Agreement or its Annex shall be  considered at a meeting of the Contracting Parties. Following adoption of the proposal by unanimous vote the amendment shall be communicated by the Depositary Government to the Contracting Parties.  2. Such an amendment shall enter into force on the first day of the second month following the date on which the Depositary Government has received notifications of approval from all Contracting Parties.   Article 17 1. Two or more Contracting Parties may modify the common boundaries of their zones described in the Annex to this Agreement.  2. Such a modification shall enter into force for all Contracting Parties on the first day of the sixth month following the date of its communication by the Depositary Government unless, within a period of three months following that communication, a Contracting Party has expressed an objection or has requested consultation on the matter.   Article 18 1. This Agreement shall be open for signature by the Governments of the States invited to participate in the Conference on the Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances, held at Bonn on 13 September 1983, and by the European Economic Community.  2. These States and the European Economic Community may become Parties to this Agreement either by signature without reservation as to ratification, acceptance or approval or by signature subject to ratification, acceptance or approval followed by ratification, acceptance or approval.  3. Instruments of ratification, acceptance or approval shall be deposited with the Government of the Federal Republic of Germany.   Article 19 1. This Agreement shall enter into force on the first day of the second month following the date on which the Governments of all the States mentioned in Article 18 of this Agreement and the European Economic Community have signed the Agreement without reservation as to ratification, acceptance or approval.  2. Upon the entry into force of this Agreement the Agreement for cooperation in dealing with pollution of the North Sea by oil, done at Bonn on 9 June 1969, shall cease to be in force.   Article 20 1. The Contracting Parties may unanimously invite any other coastal State of the north-east Atlantic area to accede to this Agreement.  2. In such a case Article 2 of this Agreement and its Annex shall be amended as necessary. The amendments shall be adopted by unanimous vote at a meeting of the Contracting Parties and shall take effect upon the entry into force of this Agreement for the acceding State.   Article 21 1. For each State acceding to this Agreement, the Agreement shall enter into force on the first day of the second month following the date of deposit by such State of its instrument of accession.  2. Instruments of accession shall be deposited with the Government of the Federal Republic of Germany.   Article 22 1. After this Agreement has been in force for five years it may be denounced by any Contracting Party.  2. Denunciation shall be effected by a notification in writing addressed to the Depositary Government which shall notify all the other Contracting Parties of any denunciation received and of the date of its receipt.  3. A denunciation shall take effect one year after its receipt by the Depositary Government.   Article 23 The Depositary Government shall inform the Contracting Parties and those referred to in Article 18 of this Agreement of:     (a) any signature of this Agreement;       (b) the deposit of any instrument of ratification, acceptance, approval or accession and of the receipt of any notice of denunciation;       (c) the date of entry into force of this Agreement;       (d) the receipt of any notification of approval relating to amendments to this Agreement or its Annex and of the date of entry into force of such amendments.          Article 24 The original of this Agreement, of which the English, French and German texts are equally authentic, shall be deposited with the Government of the Federal Republic of Germany, which shall send certified copies thereof to the Contracting Parties and which shall transmit a certified copy to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.        In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.  Done at Bonn, this 13th day of September 1983.  FÜR DIE REGIERUNG DES KÖNIGREICHS BELGIEN,  FOR THE GOVERNMENT OF THE KINGDOM OF BELGIUM,  POUR LE GOUVERNEMENT DU ROYAUME DE BELGIQUE:  Vorbehaltlich der Ratifikation,  Subject to ratification,  Sous réserve de ratification.  FÜR DIE REGIERUNG DES KÖNIGREICHS DÄNEMARK,  FOR THE GOVERNMENT OF THE KINGDOM OF DENMARK,  POUR LE GOUVERNEMENT DU ROYAUME DE DANEMARK:  Vorbehaltlich der Genehmigung,  Subject to approval,  Sous réserve d'approbation.   FÜR DIE REGIERUNG DER FRANZÖSISCHEN REPUBLIK,  FOR THE GOVERNMENT OF THE FRENCH REPUBLIC,  POUR LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANCAISE:  FÜR DIE REGIERUNG DER BUNDESREPUBLIK DEUTSCHLAND,  FOR THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY,  POUR LE GOUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE:  FÜR DIE REGIERUNG DES KÖNIGREICHS DER NIEDERLANDE,  FOR THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS,  POUR LE GOUVERNEMENT DU ROYAUME DES PAYS-BAS:  Vorbehaltlich der Annahme,  Subject to acceptance,  Sous réserve d'acceptation.  FÜR DIE REGIERUNG DES KÖNIGREICHS NORWEGEN,  FOR THE GOVERNMENT OF THE KINGDOM OF NORWAY,  POUR LE GOUVERNEMENT DU ROYAUME DE NORVÈGE:  Vorbehaltlich der Ratifikation,  Subject to ratification,  Sous réserve de ratification.   FÜR DIE REGIERUNG DES KÖNIGREICHS SCHWEDEN,  FOR THE GOVERNMENT OF THE KINGDOM OF SWEDEN,  POUR LE GOUVERNEMENT DU ROYAUME DE SUÈDE:  FÜR DIE REGIERUNG DES VEREINIGTEN KÖNIGREICHS GROSSBRITANNIEN UND NORDIRLAND,  FOR THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,  POUR LE GOUVERNEMENT DU ROYAUME-UNI DE GRANDE-BRETAGNE ET D'IRLANDE DU NORD:  Vorbehaltlich der Ratifikation,  Subject to ratification,  Sous réserve de ratification.  FÜR DIE EUROPÄISCHE WIRTSCHAFTSGEMEINSCHAFT,  FOR THE EUROPEAN ECONOMIC COMMUNITY,  POUR LA COMMUNAUTÉ ÉCONOMIQUE EUROPÉENNE:  Vorbehaltlich der Annahme,  Subject to acceptance,  Sous réserve d'acceptation.     ANNEX  Description of the zones referred to in Article 6 of this Agreement The zones, with the exception of the zones of joint responsibility are limited by lines joining the following points: >PIC FILE= "T0026046">   The zones of joint responsibility are as follows:    1. Belgium, France and United Kingdom  Sea area between parallels 51°32'N and 51°06'N.       2. France and United Kingdom  The English Channel south-west of parallel 51°06'N to a line drawn between the points 49°52'N 07°44'W and 48°27'N 06°25'W.       3. Denmark and Sweden  Sea area between the lines in Skagerrak joining the points: >PIC FILE= "T0026047">


title: 2011/242/EU: Commission Decision of 14 April 2011 on the members of the advisory group on the food chain and animal and plant health established by Decision 2004/613/EC

text:
               15.4.2011

               EN

               Official Journal of the European Union

               L 101/126

         COMMISSION DECISION
   of 14 April 2011
   on the members of the advisory group on the food chain and animal and plant health established by Decision 2004/613/EC
   (2011/242/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Commission Decision 2004/613/EC of 6 August 2004 concerning the creation of an advisory group on the food chain and animal and plant health (1), and in particular Article 3 thereof,
   Whereas:

               (1)

               An advisory group on the food chain and animal and plant health has been established by Decision 2004/613/EC with effect from 25 August 2004. This group is consulted by the Commission on its programme of work on food and feed safety, food and feed labelling and presentation, human nutrition in relation to food legislation, animal health and welfare, and plant health and also on any measures which the Commission has to take or propose in these fields.

               (2)

               Pursuant to Article 3(3) of Decision 2004/613/EC, the Commission shall select representative European bodies which most effectively meet the criteria referred to in Article 3(1) of that Decision and who have responded to the call for an expression of interest.

               (3)

               The Commission originally selected 36 members of the advisory group. The list of original members was published in the Official Journal of the European Union in 2005 (2).

               (4)

               The Commission has now decided to extend the membership of the advisory group, in particular in order to include certain unrepresented sectors. Following a call for expressions of interest, nine additional bodies have been selected.

               (5)

               All members of the advisory group have equal status.

               (6)

               It is appropriate to confirm the 36 current members of the advisory group, and, in addition, to appoint the 9 newly selected members,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Commission confirms as members of the advisory group on the food chain and animal and plant health the European bodies listed in Part A of the Annex, and, in addition, appoints as members of this advisory group the European bodies listed in Part B of the Annex.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 14 April 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 275, 25.8.2004, p. 17.

      (2)  OJ C 97, 21.4.2005, p. 2.

      ANNEX

         PART A

                  AIPCE-CEP

                  Association des industries du poisson de l’Union européenne/Comité des organisations nationales des importateurs et exportateurs de poisson de l’Union européenne

                  ANIMALS ANGELS

                  Animal Welfare Association

                  AVEC

                  Association of Poultry Processors and Poultry Import and Export Trade in the European Union Countries

                  BEUC (1)

                  Bureau européen des unions de consommateurs

                  CEFIC

                  Conseil européen des fédérations de l’industrie chimique

                  CELCAA

                  Comité européen de liaison des commerces agroalimentaires

                  CES/ETUC

                  Confédération européenne des syndicats/European Trade Union Confederation

                  CIAA

                  Confédération des industries agroalimentaires de l’Union européenne

                  CLITRAVI

                  Centre de liaison des industries transformatrices de viandes de l’Union européenne

                  COCERAL

                  Comité du commerce des céréales, aliments du bétail, oléagineux, huile d’olive, huiles et graisses et agrofournitures de l’Union européenne

                  COPA-Cogeca

                  Comité des organisations professionnelles agricoles de l’Union européenne – Confédération générale des coopératives agricoles de l’Union européenne

                  ECCA

                  European Crop Care Association

                  ECPA

                  European Crop Protection Association

                  ECSLA

                  European Cold Storage and Logistics Association

                  EDA

                  European Dairy Association

                  EFFAT

                  European Federation of Food, Agriculture and Tourism Trade Unions

                  EFPRA

                  European Fat Processors and Renderers Association

                  EMRA

                  European Modern Restaurant Association

                  ESA

                  European Seed Association

                  EUROCHAMBRES

                  Association of European Chambers of Commerce and Industry

                  EUROCOMMERCE

                  European Representation of Retail, Wholesale and International Trade

                  EUROCOOP

                  European Community of Consumer Cooperatives

                  EUROGROUP

                  Eurogroup for Animal Welfare

                  EUROPABIO

                  European Association of Bioindustries

                  FEDIAF

                  Fédération européenne de l’industrie des aliments pour animaux familiers

                  FEFAC

                  Fédération européenne des fabricants d’aliments composés pour animaux

                  FERCO

                  Fédération européenne de la restauration collective concédée

                  FESASS

                  Fédération européenne pour la santé animale et la sécurité sanitaire

                  FRESHFEL

                  European Fresh Produce Association

                  FVE

                  Federation of Veterinarians of Europe

                  HOTREC

                  Confédération des associations nationales de l’hôtellerie, de la restauration, des cafés et établissements similaires de l’Union européenne et de l’Espace économique européen

                  IFAH-EUROPE

                  International Federation for Animal Health Europe

                  IFOAM EU GROUP

                  International Federation of Organic Agriculture Movements — European Union Regional Group

                  UEAPME

                  Union européenne de l’artisanat et des petites et moyennes entreprises

                  UECBV

                  Union européenne du commerce du bétail et de la viande

                  UGAL

                  Union des groupements de détaillants indépendants de l’Europe

         PART B

                  AESGP

                  Association of the European Self-Medication Industry

                  ECVC

                  European Coordination Via Campesina

                  EHPM

                  European Federation of Associations of Health Product Manufacturers

                  EUWEP

                  European Union of Wholesale with Eggs, Egg Products and Poultry and Game

                  FEFANA

                  EU Association of Specialty Feed Ingredients and their Mixtures

                  FoEE

                  Friends of the Earth Europe

                  PAN EUROPE

                  Pesticide Action Network Europe

                  PFP

                  Primary Food Processors

                  SLOW FOOD

                  Slow Food Associazione Internazionale

         (1)  Three seats are allocated to BEUC in order to facilitate the representation of European consumers.