title: 2005/928/EC: Commission Decision of  20 December 2005  on the harmonisation of the 169,4-169,8125 MHz frequency band in the Community  (notified under document number C(2005) 5003)   (Text with EEA relevance)

text:
               27.12.2005

               EN

               Official Journal of the European Union

               L 344/47

      COMMISSION DECISION

   of 20 December 2005
   on the harmonisation of the 169,4-169,8125 MHz frequency band in the Community
   (notified under document number C(2005) 5003)
   (Text with EEA relevance)
   (2005/928/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (1), and in particular Article 4(3) thereof,
   Whereas:

               (1)

               Council Directive 90/544/EEC of 9 October 1990 on the frequency bands designated for the coordinated introduction of pan-European land-based public radio paging in the Community (the ERMES Directive) (2) was repealed on 27 December 2005 by Directive 2005/82/EC of the European Parliament and of the Council (3). That Directive required Member States to designate in the 169,4 to 169,8 MHz radio spectrum band four channels for the pan-European land-based public radio paging service (hereinafter referred to as ‘ERMES’) and to ensure that ERMES services occupy, as quickly as possible, the whole of the 169,4 to 169,8 MHz radio spectrum band according to commercial demand.

               (2)

               The use of the 169,4 to 169,8 MHz radio spectrum band for ERMES in the Community has decreased dramatically or even ceased altogether, with the result that this radio spectrum band is not being efficiently utilised by ERMES and could therefore be better used to fulfil other Community policy needs.

               (3)

               Pursuant to Article 4(2) of the Radio Spectrum Decision, the Commission issued on 7 July 2003 a mandate to the European Conference of Postal and Telecommunications Administrations (hereinafter referred as ‘CEPT’) to collect information on the current and future possible applications of the 169,4 to 169,8 MHz band, to identify a list of alternative options for the use of the radio spectrum band and in particular those which are not related only to traditional electronic communications. The CEPT was asked to evaluate, for each possible application, co-existence between various applications and the possibility of using alternative radio spectrum bands, in line with the principles of the Framework Directive. The radio spectrum band, which is already partially harmonised, is appropriate for certain applications related to the establishment and functioning of the internal market in a number of Community policy areas, among which some are likely to benefit disabled people or assist justice and home affairs collaboration in the European Union.

               (4)

               Article 8(4) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for the electronic communications networks and services (Framework Directive) (4) requires Member States to promote the interests of European Union citizens by inter alia addressing the needs of specific social groups, in particular hearing impaired persons and persons requiring urgent assistance.

               (5)

               Based on technical investigations and on collection of information, the CEPT confirmed that despite the adoption of Directive 90/544/EEC, the use of this radio spectrum band for ERMES has remained very limited and that the need for radio messaging or paging systems has changed in Europe as the functions thereof have been replaced by other technologies such as short messaging systems (SMS) over GSM.

               (6)

               The designation of parts of the 169,4 to 169,8 MHz radio spectrum band for ERMES should therefore be modified in the Community in order to ensure more efficient use of this radio spectrum band, while preserving its harmonised character.

               (7)

               As mandated, the CEPT has produced a new frequency plan and channel arrangement allowing six types of preferred applications to share the radio spectrum band from 169,4 up to 169,8125 MHz, in order to meet several Community policy needs. These needs include assistance through the use of hearing aids to persons suffering from hearing disability, for whom a harmonised radio spectrum band in the Community would improve travelling conditions between Member States and reduce equipment prices through economies of scale; the development of the internal market for social alarms, which allow elderly or disabled people to send alarm messages for assistance, asset tracking or tracing devices, which would assist in tracking and recovering stolen goods across the Community, meter reading systems used by water and electricity utility companies; and existing paging systems such as ERMES as well as private mobile radio systems (PMR) when employed for temporary use, to assist in the coverage of special temporary events for a period of a few days up to a few months.

               (8)

               The results of the mandate to the CEPT, which the Commission regards as satisfactory, should be made applicable in the Community and implemented by the Member States. The remaining ERMES and/or PMR authorisations which are not in conformity with the new frequency plan and channel arrangement should be allowed to remain unaffected until their expiry or until ERMES and/or PMR applications can be moved to the appropriate radio spectrum bands without excessive burden.

               (9)

               When allowing access to radio spectrum the least onerous authorisation system should be used, in accordance with Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (5), including absence of individual rights of use.

               (10)

               Without prejudice to the fact that spectrum requirements of specific policies may require exclusive frequency designations, it is generally appropriate to propose as generic allocations as possible for radio spectrum bands so as to steer their usage only by defining specific usage constraints such as duty cycle or power levels, and to ensure through harmonised standards recognised under the Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (6) that equipment operating in the allocated radio spectrum minimises use of the radio spectrum in a way to avoid harmful interference.

               (11)

               Coordination of channels in the high power part of the 169,4 – 169,8125 MHz band between neighbouring countries will be ensured by bi- or multilateral agreements.

               (12)

               In order to ensure effective use of the 169,4 to 169,8125 MHz band also in the longer term administrations should continue with studies that may increase efficiency, in particular the utilisation of the identified guard band.

               (13)

               The measures provided for in this Decision are in accordance with the opinion of the Radio Spectrum Committee.

         HAS ADOPTED THIS DECISION:
   Article 1
   Subject matter
   The subject matter of this Decision is the harmonisation of the conditions for the availability and efficient use of the 169,4 – 169,8125 MHz radio spectrum band in the Community.
   Article 2
   Definitions
   For the purposes of this Decision,

               (a)

               ‘hearing aid’ means a radio communications system which usually includes one or more radio transmitters and one or more radio receivers allowing persons suffering from hearing disability to increase their listening capability;

               (b)

               ‘social alarm’ means a reliable radio communications system and network including portable equipment which allows a person in distress in a limited area to initiate a call for assistance by a simple manipulation;

               (c)

               ‘meter reading system’ means a system which allows remote status monitoring, measuring and service commands using radio communication devices;

               (d)

               ‘tracing and asset tracking system’ means a system which allows the tracing and tracking of goods, leading to their recovery, consisting in general of an radio transmitter placed on the item to be protected and a receiver and may also include an alarm;

               (e)

               ‘paging system’ means a system allowing one-way radio communications between the sender and the receiver using a base station with the mobile as a receiver;

               (f)

               ‘private mobile radio communications (PMR)’ means a land mobile communications service using simplex, half duplex and possibly full duplex modes at the terminal level to provide closed user group communications.

         Article 3
   Harmonised applications
   1.   The 169,4 – 169,8125 MHz band shall be divided into a low power part and a high power part. Its frequency plan and the channelling arrangements shall be laid down in the Annex to this Decision.
   2.   The low power part of the 169,4 – 169,8125 MHz radio spectrum band shall accommodate the following preferred applications:

               (a)

               exclusive use for hearing aids;

               (b)

               exclusive use for social alarms;

               (c)

               non-exclusive use for meter reading systems;

               (d)

               non-exclusive use for low power transmitters for tracking and asset tracing systems.

         3.   The high power part of the 169,4 – 169,8125 MHz band shall accommodate the following preferred applications:

               (a)

               high power transmitters for tracing and asset tracking systems;

               (b)

               existing paging systems or paging systems relocating from other channels in the radio spectrum band.

         4.   Alternative applications for the 169,4 – 169,8125 MHz radio spectrum band may be implemented provided that they do not constrain the harmonised implementation of the preferred applications. These alternative applications shall be:

               (a)

               hearing aids, for the non-exclusive, low power part of the radio spectrum band;

               (b)

               tracing, paging, temporary use or private mobile radio communications on a national basis in the high power part of the band.

         5.   The maximum radiated power in the low power part of the 169,4 – 169,8125 MHz radio spectrum band shall be limited to 0,5 Watt effective radiated power (e.r.p.). The maximum duty cycles for the meter reading systems and tracing and asset tracking system in the low power part of the 169,4 – 169,8125 MHz radio spectrum band shall be < 10 % and < 1 % respectively.
   6.   The use of the 169,4 – 169,8125 MHz radio spectrum band by paging systems and private mobile radio communications that is authorised at the date of notification of this Decision and which is not in conformity with Article 3 paragraphs 1 to 5, may continue for as long as the authorisations for such services, existing at the date of notification of this Decision, remain valid.
   Article 4
   Implementation of Article 3
   Article 3 shall apply from 27 December 2005.
   Article 5
   Review
   Member States shall keep the use of the 169,4 – 169,8125 MHz radio spectrum band under review to ensure the efficient use thereof and report their findings to the Commission.
   Article 6
   Addressees
   This Decision is addressed to the Member States.

      Done at Brussels, 20 December 2005.

            For the Commission

         Viviane REDING

            Member of the Commission

      (1)  OJ L 108, 24.4.2002, p. 1.

      (2)  OJ L 310, 9.11.1990, p. 28.

      (3)  OJ L 344, 27.12.2005, p. 38.

      (4)  OJ L 108, 24.4.2002, p. 33.

      (5)  OJ L 108, 24.4.2002, p. 21.

      (6)  OJ L 91, 7.4.1999, p. 10. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

      ANNEX
      Frequency plan for the 169,4 - 169,8125 MHz radio spectrum band

                  Low power applications

                  ‘Guardband’

                  High power applications

                  Specific low power applications

                  Social alarms

                  Hearing aids

                  Social alarms

                  Tracking and tracing system

                  Paging

                  Paging

                  Paging

                  Tracking and tracing system

                  Tracking and tracing system

                  Paging system

                  Tracking and tracing system

                  Hearing aids

                  Exclusive use

                  These channels could be used on a national basis for high power applications such as paging, tracing, temporary use or PMR.

                  12,5

                  12,5

                  50

                  12,5

                  12,5 (1)

                  1a

                  1b

                  2a

                  2b

                  3a

                  3b

                  4a

                  4b+5+6a

                  6b+7+8a

                  8b

                  9a

                  9b

                  10a

                  10b

                  11a

                  11b

                  12a

                  12b

                  13a

                  13b

                  14a

                  14b

                  15a

                  15b

                  16a

                  16b

                     Legend:

                  1st row: category application, i.e. low power applications or high power applications;
                  2nd row: preferred applications:

                              —

                              Specific low power applications: see Article 3(2)(c) and (d).

                              —

                              Social alarms: see Article 3(2)(b).

                              —

                              Hearing aids: see Article 3(2)(a).

                              —

                              Tracking and tracing system (high power part): see Article 3(3)(a)

                              —

                              Paging system: see Article 3(3)(b)

                        3rd row: alternative applications: see Article 3(4);
                  4th and 5th rows: channel raster (in kHz) and channel number.

      Channelling arrangement for the 169,4 – 169,8125 MHz band

                  12,5 kHz bandwidth

                  25 kHz bandwidth

                  50 kHz bandwidth

                  Channel number

                  Centre frequency

                  Channel number

                  Centre frequency

                  Channel number

                  Centre frequency

                  1a

                  169,406250

                  1

                  169,412500

                  1b

                  169,418750

                  ‘0’

                  169,437500

                  2a

                  169,431250

                  2

                  169,437500

                  2b

                  169,443750

                  3a

                  169,456250

                  3

                  169,462500

                  3b

                  169,468750

                  4a

                  169,481250

                  4

                  169,487500

                  4b

                  169,493750

                  ‘1’

                  169,512500

                  5a

                  169,506250

                  5

                  169,512500

                  5b

                  169,518750

                  6a

                  169,531250

                  6

                  169,537500

                  6b

                  169,543750

                  ‘2’

                  169,562500

                  7a

                  169,556250

                  7

                  169,562500

                  7b

                  169,568750

                  8a

                  169,581250

                  8

                  169,587500

                  8b

                  169,593750

                  12,5 kHz ‘guard band’

                  9a

                  169,618750

                  9

                  169,62500

                  9b

                  169,631250

                  10a

                  169,643750

                  10

                  169,65000

                  10b

                  169,656250

                  11a

                  169,668750

                  11

                  169,67500

                  11b

                  169,681250

                  12a

                  169,693750

                  12

                  169,70000

                  12b

                  169,706250

                  13a

                  169,718750

                  13

                  169,72500

                  13b

                  169,731250

                  14a

                  169,743750

                  14

                  169,75000

                  14b

                  169,756250

                  15a

                  169,768750

                  15

                  169,77500

                  15b

                  169,781250

                  16a

                  169,793750

                  16

                  169,80000

                  16b

                  169,806250

         (1)  Due to the possibility of using any high power channel for the temporary use application. However, to facilitate border coordination, systems using 25 kHz channels must respect the channel raster starting from the lower edge of the channel 9.


title: DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBERS STATES, MEETING WITHIN THE COUNCIL, AND THE COMMISSION of 14 October 1988 laying down the arrangements to be applied by Spain and Portugal to trade with Morocco and Syria for products falling within the ECSC Treaty and amending Decision 86/69/ECSC (88/520/ECSC) #

text:
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41988D0520

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBERS STATES, MEETING WITHIN THE COUNCIL, AND THE COMMISSION of 14 October 1988 laying down the arrangements to be applied by Spain and Portugal to trade with Morocco and Syria for products falling within the ECSC Treaty and amending Decision 86/69/ECSC (88/520/ECSC)  -

Official Journal L 287 , 20/10/1988 P. 0086 - 0087

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBERS STATES, MEETING WITHIN THE COUNCIL, AND THE COMMISSION of 14 October 1988 laying down the arrangements to be applied by Spain and Portugal to trade with Morocco and Syria for  products falling within the ECSC Treaty and amending Decision 86/69/ECSC (88/520/ECSC) THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL, AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community,  Whereas Agreements have been concluded between the Member States of the European Coal and Steel Community on the one hand and Morocco (1) and Syria (2) on the other;  Whereas the Protocols to the abovementioned Agreements which are to be concluded as a result of the accession of Spain and Portugal to the Community must be approved by the Contracting Parties in accordance with their own procedures;  Whereas, pending completion of those procedures, without which the Protocols cannot enter into force, it is necessary to lay down the arrangements for the trade of Spain and Portugal with Morocco and Syria which are to replace the arrangements laid down  by Decision 86/69/ECSC (3), as last amended by Decisions 87/603/ECSC (4) and 87/610/ECSC (5);  Whereas Decision 87/456/ECSC (6) laid down the arrangements for trade between Spain and Portugal on the one hand and Algeria, Egypt, Jordan, Lebanon and Tunisia on the other for products falling under the ECSC Treaty, pending the entry into force of the  Protocols to be concluded with those countries following the accession of Spain and Portugal;  Whereas the scope of Decision 87/456/ECSC should be extended to cover trade between Spain and Portugal on the one hand and Morocco and Syria on the other;  Whereas it is necessary to amend Article 1 of Decision 86/69/ECSC,  HAVE DECIDED AS FOLLOWS:    Article 1 The Kingdom of Spain and the Portuguese Republic shall apply the arrangements resulting from the Agreements between the Member States of the European Coal and Steel Community, on the one hand, and the two said countries, on the other, to trade  with Morocco and Syria subject to the special conditions set out in Decision 87/456/ECSC.  Article 2 In Article 1 of Decision 86/69/ECSC, ´Morocco' and ´Syria' are hereby deleted.  Article 3 This Decision shall enter into force on 1 November 1988.  It shall apply until the Protocols with each of the countries concerned enter into force.  The Member States and the Commission shall take the measures necessary to implement this Decision.   Done at Luxembourg, 14 October 1988.     For the Governments of the Member States V. PAPANDREOU For the Commission Jacques DELORS EWG:L111UMBE26.91 FF: 1UEN;   SETUP: 01;   Hoehe: 508 mm;   57 Zeilen;   3164 Zeichen;  Bediener: HELM   Pr.: B;  Kunde: ................................   (1) OJ No L 264, 27. 9. 1978, p. 1. (2) OJ No L 269, 27. 9. 1978, p. 1. (3) OJ No L 75, 20. 3. 1986, p. 26. (4) OJ No L 389, 31. 12. 1987, p. 61. (5) OJ No L 396, 31. 12. 1987, p. 69. (6) OJ No L 250, 1. 9. 1987, p. 112.


title: 2009/484/EC: Council Decision of 6 April 2009 concerning the conclusion of the Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               23.6.2009

               EN

               Official Journal of the European Union

               L 160/9

      COUNCIL DECISION

   of 6 April 2009
   concerning the conclusion of the Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2009/484/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 310 thereof, in conjunction with the second sentence of Article 300(2), first subparagraph, and the second subparagraph of Article 300(3) thereof,
   Having regard to the 2005 Act of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the assent of the European Parliament (1),
   Whereas:

               (1)

               The Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (hereafter referred to as the Additional Protocol), was signed on behalf of the Community and the Member States on 10 October 2007 in accordance with Council Decision 2008/74/EC of 9 October 2007 on the signing and provisional application of an Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (2).

               (2)

               The Additional Protocol should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Additional Protocol is hereby approved on behalf of the Community and its Member States.
   The text of the Additional Protocol is attached to this Decision (3).
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to deposit on behalf of the European Community and its Member States the instrument of approval provided for in Article 6.2 of the Additional Protocol, in order to express the consent of the Community and its Member States to be bound.

      Done at Luxembourg, 6 April 2009.

            For the Council

            The President

         J. POSPÍŠIL

      (1)  Assent of 10 March 2009 (not yet published in the Official Journal).

      (2)  OJ L 22, 25.1.2008, p. 11.

      (3)  OJ L 22, 25.1.2008, p. 13.


title: 2009/313/EC: Council Decision of 30 March 2009 concerning the renewal of the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation

text:
               4.4.2009

               EN

               Official Journal of the European Union

               L 92/3

      COUNCIL DECISION

   of 30 March 2009
   concerning the renewal of the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation
   (2009/313/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 170, in conjunction with the first sentence of the first subparagraph of Article 300(2), and the first subparagraph of Article 300(3),
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               By Decision 2000/742/EC (2), the Council approved the conclusion of the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation (hereinafter the Agreement).

               (2)

               Article 12(b) of the Agreement provides, in particular, that the Agreement is renewable by common agreement between the Parties for additional periods of five years.

               (3)

               By Decision 2003/798/EC (3), the Council approved the renewal of the Agreement for a first additional period of five years.

               (4)

               At a meeting of the Joint Community-Russia Committee on cooperation in the field of science and technology held in Brussels on 28 June 2007, both Parties to the Agreement expressed their agreement to renew it for a further five years. The Parties consider that rapid renewal of the Agreement would be in their mutual interest. Furthermore, at a meeting of the European Union-Russia Cooperation Council on 26 May 2008, both Parties agreed to undertake the necessary steps with a view to renewing the Agreement.

               (5)

               The content of the renewed Agreement will be identical to the content of the Agreement which expires on 20 February 2009.

               (6)

               The renewal of the Agreement should be approved on behalf of the Community,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The renewal for an additional period of five years of the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation is hereby approved on behalf of the Community.
   Article 2
   The President of the Council shall, acting on behalf of the Community and in accordance with Article 12 of the Agreement, give notification to the Government of the Russian Federation that the Community has completed its internal procedures necessary for the entry into force of the renewed Agreement (4).
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 30 March 2009.

            For the Council

            The President

         P. BENDL

      (1)  Opinion delivered on 3 February 2009. (Not yet published in the Official Journal).

      (2)  OJ L 299, 28.11.2000, p. 14.

      (3)  OJ L 299, 18.11.2003, p. 20.

      (4)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


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31999D0393

1999/393/EC: Council decision of 22 July 1997 concerning the conclusion of an Agreement between the European Community and the United Arab Emirates on trade in textile products

Official Journal L 152 , 18/06/1999 P. 0001 - 0056

COUNCIL DECISIONof 22 July 1997concerning the conclusion of an Agreement between the European Community and the United Arab Emirates on trade in textile products(1999/393/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with the first sentence of Article 228(2) thereof,Having regard to the proposal from the Commission,Whereas the Commission has negotiated, on behalf of the Community, an Agreement on trade in textile products with the United Arab Emirates;Whereas, pursuant to Decision 96/410/EC(1), the Agreement has been applied on a provisional basis since 1 January 1996, pending its formal conclusion;Whereas the Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and the United Arab Emirates on trade in textile products is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the Community.Done at Brussels, 22 July 1997.For the CouncilThe PresidentJ. POOS(1) OJ L 169, 8.7.1996, p. 39.


title: 2011/181/EU: Decision of the Council and of the Representatives of the Governments of the Member States, meeting within the Council of 15 October 2010 on the signature and provisional application of the Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and The Hashemite Kingdom of Jordan, of the other part

text:
               25.3.2011

               EN

               Official Journal of the European Union

               L 79/1

         DECISION OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL
   of 15 October 2010
   on the signature and provisional application of the Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and The Hashemite Kingdom of Jordan, of the other part
   (2011/181/EU)
   THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION MEETING WITHIN THE COUNCIL
   Having regard to the Treaty on the Functioning of the European Union and in particular Article 100(2), in conjunction with Article 218 paragraphs 5 and 7 and the first subparagraph of Article 218(8) thereof,
   Whereas:

               (1)

               The Commission has negotiated on behalf of the Union and of the Member States a Euro Mediterranean aviation agreement with The Hashemite Kingdom of Jordan (hereinafter, the ‘Agreement’) in accordance with the Council Decision authorising the Commission to open negotiations.

               (2)

               The Agreement was initialled on 17 March 2010.

               (3)

               The Agreement should be signed and applied provisionally by the Union and the Member States, subject to its possible conclusion at a later date.

               (4)

               It is necessary to lay down procedural arrangements for deciding, if appropriate, how to discontinue the provisional application of the Agreement. It is also necessary to lay down appropriate procedural arrangements for the participation of the Union and the Member States in the Joint Committee set up under Article 21 of the Agreement and in the dispute settlement procedures provided in Article 22 of the Agreement, as well as for implementing certain provisions of the Agreement concerning security and safety,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Signature
   1.   The signing of the Euro Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and The Hashemite Kingdom of Jordan, of the other part, (hereinafter ‘the Agreement’), is hereby approved on behalf of the Union, subject to a Council Decision concerning the conclusion of the Agreement (1).
   2.   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union, subject to its conclusion.
   Article 2
   Provisional application
   Pending its entry into force, the Agreement shall be applied on a provisional basis by the Union and by the Member States from the first day of the month following the earliest of: (i) the date of the last note by which the Contracting Parties notify each other of the completion of the procedures necessary to provisionally apply the Agreement, or (ii) subject to the internal procedures and/or domestic legislation, as applicable, of the Contracting Parties, the date that falls 12 months from the date of signature of the Agreement.
   Article 3
   Joint Committee
   1.   The European Union and the Member States shall be represented in the Joint Committee established under Article 21 of the Agreement by representatives of the Commission and the Member States.
   2.   The position to be taken by the European Union and its Member States within the Joint Committee with respect to amendments to Annex III or Annex IV to the Agreement in accordance with Article 26(2) of the Agreement and to matters of exclusive competence of the EU that do not require the adoption of a decision having legal effect shall be established by the Commission and shall be notified in advance to the Council and the Member States.
   3.   For Joint Committee decisions concerning matters that fall within the competence of the EU, the position to be taken by the European Union and its Member States shall be adopted by the Council, acting by qualified majority on a proposal from the Commission, unless the applicable voting procedures set down in the EU Treaties provide otherwise.
   4.   For Joint Committee decisions concerning matters that fall within Member States’ competence, the position to be taken by the European Union and its Member States shall be adopted by the Council, acting by unanimity, on a proposal from the Commission or from Member States, unless a Member State has informed the General Secretariat of the Council within 1 month of the adoption of that position that it can only consent to the decision to be taken by the Joint Committee with the agreement of its legislative bodies.
   5.   The position of the Union and of the Member States within the Joint Committee shall be presented by the Commission, except in matters that fall within the exclusive competence of the Member States, in which case it shall be presented by the Presidency of the Council or, if the Council so decides, by the Commission.
   Article 4
   Settlement of Disputes
   1.   The Commission shall represent the Union and the Member States in dispute settlement proceedings under Article 22 of the Agreement.
   2.   The decision to suspend the application of benefits pursuant to Article 22(7) of the Agreement shall be taken by the Council on the basis of a Commission proposal. The Council shall decide by qualified majority.
   3.   Any other appropriate action to be taken under Article 22 of the Agreement on matters which fall within the EU competence shall be decided upon by the Commission, with the assistance of a Special Committee of representatives of the Member States appointed by the Council.
   Article 5
   Information to the Commission
   1.   Member States shall promptly inform the Commission of any decision to refuse, revoke, suspend or limit the authorisation of an air carrier that they intend to adopt under Article 4 of the Agreement.
   2.   Member States shall promptly inform the Commission of any requests or notifications made or received by them under Article 13 (Aviation safety) of the Agreement.
   3.   Member States shall promptly inform the Commission of any requests or notifications made or received by them under Article 14 (Aviation security) of the Agreement.

      Done at Luxembourg, 15 October 2010.

            For the Council

            The President

         E. SCHOUPPE

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


title: 2009/748/EC: Council Decision of 9 October 2009 regarding the position to be taken by the Community within the International Jute Study Group Council on extension of the Agreement establishing the Terms of Reference of the International Jute Study Group, 2001

text:
               13.10.2009

               EN

               Official Journal of the European Union

               L 268/9

      COUNCIL DECISION

   of 9 October 2009
   regarding the position to be taken by the Community within the International Jute Study Group Council on extension of the Agreement establishing the Terms of Reference of the International Jute Study Group, 2001
   (2009/748/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community and in particular Article 133, in conjunction with the second paragraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Agreement establishing the Terms of Reference of the International Jute Study Group, 2001 was signed and concluded on behalf of the European Community on 15 April 2002 by Council Decision 2002/312/EC (1).

               (2)

               Under Rule 25(a) and (b), the Agreement establishing the Terms of Reference of the International Jute Study Group, 2001 is due to expire on 26 April 2010 unless it is extended beyond that date by decision of the International Jute Study Group Council for one or two periods not exceeding a combined total of four years.

               (3)

               Extension of the abovementioned Agreement is in the interest of the Community.

               (4)

               The Community’s position in the International Jute Study Group Council should be determined,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The European Community’s position within the International Jute Study Group Council shall be to vote in favour of extending the Agreement establishing the Terms of Reference of the International Jute Study Group, 2001 for one or two periods not exceeding a combined total of four years and to notify this extension to the United Nations Secretary-General.

      Done at Luxembourg, 9 October 2009.

            For the Council

            The President

         Å. TORSTENSSON

      (1)  OJ L 112, 27.4.2002, p. 34.


Avis juridique important

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31989D0551

89/551/EEC: Council Decision of 29 September 1989 on the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing, for the period from 27 June 1989 to 26 June 1992, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea

Official Journal L 299 , 17/10/1989 P. 0007

COUNCIL DECISION of 29 September 1989 on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing, for the period from 27 June 1989 to 26 June 1992, the fishing rights  and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea (89/551/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Act of Accession of Spain and Portugal, and in particular Article 155 (2) (b) thereof,  Having regard to the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea (1), signed at Malabo on 15 June 1984 and amended by the Agreement signed in  Brussels on 4 November 1987 (2),  Having regard to the proposal from the Commission,  Whereas the Community and the Republic of Equatorial Guinea conducted negotiations to determine the amendments or additions to be made to the said Agreement at the end of the period of application of the Protocol;  Whereas, as a result of these negotiations, a new Protocol was initialled on 2 June 1989;  Whereas, under that Protocol, Community fishermen have fishing rights in the waters under the sovereignty or jurisdiction of the Republic of Equatorial Guinea for the period from 27 June 1989 to 26 June 1992;  Whereas, under Article 155 (2) (b) of the Act of Accession, it is for the Council to determine the procedures appropriate to take into consideration all or part of the interests of the Canary Islands when it adopts decisions, case by case, particularly  with a view to the conclusion of fisheries agreements with third countries; whereas the case in point calls for the said procedures to be determined;   Whereas, in order to avoid any interruption in the fishing activities of Community vessels, it is essential that the Protocol in question be approved as soon as possible; whereas, for this reason, the two Parties 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 pending a  final decision taken on the basis of Article 43 of the Treaty,  HAS DECIDED AS FOLLOWS:    Article 1 The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing, for the period from 27 June 1989 to 26 June 1992, the fishing rights and financial compensation provided for in the  Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2 With a view to taking into consideration the interests of the Canary Islands, the Agreement referred to in Article 1 and, insofar as is necessary for its application, the provisions of the common fisheries policy relating to the conservation  and management of fishery resources shall also apply to vessels sailing under the flag of Spain, which are recorded on a permanent basis in the registers of the relevant authorities at local level (´registros de base') in the Canary Islands, under the  conditions specified in Note 6 to Annex I to Council Regulation (EEC) No 570/86 of 24 February 1986 concerning the definition of the concept of ´originating products' and methods of administrative cooperation in trade between the customs territory of the Community, Ceuta and Melilla and the Canary Islands (3).  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.   Done at Brussels, 29 September 1989.  For the Council The President E. EVIN   (1) OJ No L 188, 16. 7. 1984, p. 1. (2) OJ No L 29, 30. 1. 1987, p. 1.(3) OJ No L 56, 1. 3. 1986, p. 1.


title: 2011/197/EU: Commission Decision of 29 March 2011 pursuant to Regulation (EC) No 45/2001 of the European Parliament and of the Council on the adequate level of protection provided by Japan for personal data transferred from the European Union in the specific cases of transfer by the European Commission to Japanese customs authorities under Decision No 1/2010 of the Joint Customs Cooperation Committee pursuant to Article 21 of the Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters regarding mutual recognition of authorised economic operator programmes in the European Union and in Japan and for the exclusive and specific purposes of Decision No 1/2010 of the Joint Customs Cooperation Committee

text:
               31.3.2011

               EN

               Official Journal of the European Union

               L 85/8

         COMMISSION DECISION
   of 29 March 2011
   pursuant to Regulation (EC) No 45/2001 of the European Parliament and of the Council on the adequate level of protection provided by Japan for personal data transferred from the European Union in the specific cases of transfer by the European Commission to Japanese customs authorities under Decision No 1/2010 of the Joint Customs Cooperation Committee pursuant to Article 21 of the Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters regarding mutual recognition of authorised economic operator programmes in the European Union and in Japan and for the exclusive and specific purposes of Decision No 1/2010 of the Joint Customs Cooperation Committee
   (2011/197/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (1), and in particular Article 9(1) and (2) thereof,
   After consulting the European Data Protection Supervisor,
   Whereas:

               (1)

               On 24 June 2010 the Joint Customs Cooperation Committee, set up pursuant to Article 21 of the Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters (2) adopted Decision No 1/2010 regarding mutual recognition of authorised economic operators programmes in the European Union and in Japan (3), (hereafter, ‘JCCC Decision No 1/2010’).

               (2)

               JCCC Decision No 1/2010 provides in Section IV for an exchange of information between customs authorities as defined in Article 1(c) of the Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters. According to that definition, the Japanese Ministry of Finance and the competent services of the Commission are deemed to be a customs authority.

               (3)

               The information to be exchanged between the Japanese Ministry of Finance and the competent services of the Commission comprises of details on economic operators, which may also contain personal data. The transfer of data of economic operators falls within the tasks of the Commission to be carried out under JCCC Decision No 1/2010.

               (4)

               Personal data to be exchanged are listed in Section IV(4)(a) to (f) of JCCC Decision No 1/2010. The duration of the transfers is for the whole period of time for which the Japanese Ministry of Finance uses the information in order to grant to European economic operators benefits under the terms of JCCC Decision No 1/2010. The Commission will regularly transfer updated and modified data of European economic operators to the Japanese Ministry of Finance. With regard to the exchange of information, Section IV(6) of JCCC Decision No 1/2010 restricts the use of any such data to the purposes of implementing the mutual recognition of authorised economic operator programmes between the European Union and Japan as established by that decision. The Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters also ensures that any such information, including personal data, is used by the Japanese Ministry of Finance solely for the purposes of their recognition as authorised economic operators in Japan. Authorised economic operator (AEO) data may not be transferred onward by the recipient authority to other authorities or services in or outside Japan because this would amount to a change of purpose not covered by JCCC Decision No 1/2010.

               (5)

               Processing of personal data by Japanese public authorities, such as the Japanese Ministry of Finance, is governed by the Japanese Act on the Protection of Personal Information Held by Administrative Organs. The right of access to and procedures for consulting ‘Administrative Documents’ is laid down by the Japanese Act on Access to Information Held by Administrative Organs. Provisions on confidentiality of data handled by Japanese public authorities and data transfers between the Minister of Finance and foreign customs authorities respectively are included in the National Public Service Law and the Customs Law.

               (6)

               Japanese data protection legislation requires Japanese public authorities, amongst which the Japanese Ministry of Finance, to provide data subjects with fair disclosure of information. Data subjects have a right to access, to initiate rectification and deletion of data relating to them.

               (7)

               Japanese legislation ensures that organisational security measures, appropriate to the risks presented by data processing, are taken by the Japanese Ministry of Finance.

               (8)

               Japanese legislation provides for an investigative mechanism in the form of a Review Board, which undertakes administrative appeals and investigation. This may be regarded as sufficient for the specific data transfer provided for by JCCC Decision No 1/2010 given the limited and non-sensitive nature of the data and the purposes of the data processing.

               (9)

               The above provisions ensure that appropriate enforcement mechanisms are in place in Japan in order to guarantee the protection of the personal data which maybe transferred by the Commission for the purpose of identifying European economic operators with regard to their recognition as authorised economic operators in Japan.

               (10)

               In the light of all the circumstances surrounding the set of the specific data transfer operations to be performed by the Commission in implementing JCCC Decision No 1/2010, the nature of the data, the purpose and duration of the proposed processing operation or operations, the rules of law, both general and sectoral, in force in Japan and the professional rules and security measures which are complied with in Japan, the level of protection provided in Japan for the transfer of personal data from the competent services of the Commission to the Japanese Ministry of Finance in implementing JCCC Decision No 1/2010 is considered to be of an adequate level.

               (11)

               This Decision should be limited to the specific situation referred to in JCCC Decision No 1/2010 as the assessment of Japanese data protection legal framework was based on the limited categories of data to be transferred, on the limited purpose for processing and on the limited duration of use of such data. Therefore this Decision is limited to the protection afforded to personal data transferred from the EU to Japan by the European Commission under the abovementioned JCCC Decision in view of the specific purpose and circumstances of their processing in Japan.

               (12)

               This Decision is without prejudice to findings of the Commission in application of Article 25(4) and (6) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4),

         HAS ADOPTED THIS DECISION:
   Article 1
   An adequate level of protection is offered by Japan to personal data transferred from the European Union by the European Commission to Japan in view of the mutual recognition of authorised economic operator programmes pursuant to JCCC Decision No 1/2010 for the purpose of implementation of JCCC Decision No 1/2010 in accordance with Article 9(1) and (2) of Regulation (EC) No 45/2001.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 29 March 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 8, 12.1.2001, p. 1.

      (2)  OJ L 62, 6.3.2008, p. 24.

      (3)  OJ L 279, 23.10.2010, p. 71.

      (4)  OJ L 281, 23.11.1995, p. 31.


title: 2010/718/EU: European Council Decision of 29 October 2010 amending the status with regard to the European Union of the island of Saint-Barthélemy

text:
               9.12.2010

               EN

               Official Journal of the European Union

               L 325/4

         EUROPEAN COUNCIL DECISION
   of 29 October 2010
   amending the status with regard to the European Union of the island of Saint-Barthélemy
   (2010/718/EU)
   THE EUROPEAN COUNCIL,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 355(6) thereof,
   Having regard to the initiative of the French Republic,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               Article 355 of the Treaty on the Functioning of the European Union (TFEU) allows the European Council, on the initiative of the Member State concerned and acting unanimously after consulting the Commission, to adopt a decision amending the status, with regard to the Union, of a Danish, French or Netherlands country or territory referred to in paragraphs 1 and 2 of Article 355.

               (2)

               In a letter from the French President dated 30 June 2010, the French Republic (hereinafter ‘France’) asked the European Council to take such a decision as regards the island of Saint-Barthélemy which is referred to in Article 355(1) of the TFEU. France has requested that the status of this island should change from that of outermost region, covered by Article 349 of the TFEU, to that of overseas country or territory, covered by Part Four of the TFEU.

               (3)

               France’s request reflects the desire expressed by the elected representatives of the island of Saint-Barthélemy, which is a French overseas collectivity, governed by Article 74 of the French Constitution, with autonomy, to obtain a status with regard to the Union which would be better suited to its status under national law, particularly given its remoteness from the mainland, its small insular economy largely devoted to tourism and subject to difficulties in obtaining supplies which hamper the application of some Union standards.

               (4)

               France has undertaken to conclude the agreements necessary to ensure that the interests of the Union are preserved when this change takes place. These agreements should relate firstly to monetary matters, as France intends to retain the euro as the sole currency on Saint-Barthélemy and it must be ensured that the application of the law of the Union in the essential fields of the good functioning of economic and monetary union is maintained. Secondly, such agreements should relate to taxation and aim to guarantee that the mechanisms of Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation and taxation of insurance premiums (1) and Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments (2), which aim in particular at combating fraud and cross-border tax evasion, will continue to apply in future to the territory of Saint-Barthélemy. The citizens of Saint-Barthélemy should remain citizens of the Union and should enjoy the same rights and freedoms within the Union as other French citizens, just as all citizens of the Union should continue to benefit from the same rights and freedoms in Saint-Barthélemy as they do now.

               (5)

               As a result, the change in the status with regard to the Union, of the island of Saint-Barthélemy, in response to the democratically expressed request of its elected representatives, should not jeopardise the Union’s interests and should be consistent with the access of the island to autonomous status under national law,

         HAS ADOPTED THIS DECISION:
   Article 1
   With effect from 1 January 2012, the island of Saint-Barthélemy shall cease to be an outermost region of the Union and shall have the status of overseas country or territory referred to in Part Four of the Treaty on the Functioning of the European Union (TFEU).
   Article 2
   The TFEU shall consequently be amended as follows:

               1.

               in the first paragraph of Article 349, the words ‘Saint-Barthélemy’ shall be deleted;

               2.

               in Article 355(1), the words ‘Saint-Barthélemy’ shall be deleted;

               3.

               in Annex II, an indent shall be inserted, between that relating to ‘Saint Pierre and Miquelon’ and that relating to ‘Aruba’, which shall read as follows:

                           ‘—

                           Saint-Barthélemy,’.

         Article 3
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 January 2012.

      Done at Brussels, 29 October 2010.

            For the European Council

            The President

         H. VAN ROMPUY

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

      (2)  OJ L 157, 26.6.2003, p. 38.


title: 2009/514/EC: Council Decision of 22 June 2009 on the conclusion of the Agreement between the European Community and the Government of Nepal on certain aspects of air services

text:
               3.7.2009

               EN

               Official Journal of the European Union

               L 173/8

      COUNCIL DECISION

   of 22 June 2009
   on the conclusion of the Agreement between the European Community and the Government of Nepal on certain aspects of air services
   (2009/514/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

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

               (2)

               On behalf of the Community, the Commission has negotiated an Agreement between the European Community and the Government of Nepal on certain aspects of air services (1) (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               The Agreement was signed on behalf of the Community on 23 January 2009 subject to its conclusion at a later date, in conformity with Council Decision 2009/117/EC (2).

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Government of Nepal on certain aspects of air services is hereby approved on behalf of the Community.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to make the notification provided for in Article 9(1) of the Agreement.

      Done at Luxembourg, 22 June 2009.

            For the Council

            The President

         J. ŠEBESTA

      (1)  OJ L 41, 12.2.2009, p. 5.

      (2)  OJ L 41, 12.2.2009, p. 3.


title: 2009/469/EC: Council Decision of 30 March 2009 on the signature of an Agreement on civil aviation safety between the European Community and Canada

text:
               17.6.2009

               EN

               Official Journal of the European Union

               L 153/10

         COUNCIL DECISION
   of 30 March 2009
   on the signature of an Agreement on civil aviation safety between the European Community and Canada
   (2009/469/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 80(2) and 133(4) in conjunction the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Commission has negotiated on behalf of the Community an Agreement on civil aviation safety with Canada in accordance with the Council Decision of 21 April 2004 authorising the Commission to open negotiations.

               (2)

               The Agreement negotiated by the Commission should be signed, subject to its possible conclusion at a later stage.

               (3)

               The Member States should take the necessary measures in order to ensure that their bilateral agreements with Canada on the same subject are terminated as of the date of entry into force of the Agreement,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement on civil aviation safety between the European Community and Canada is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community, subject to its conclusion.

      Done at Brussels, 30 March 2009.

            For the Council

            The President

         I. LANGER

    ---documentbreak---

               17.6.2009

               EN

               Official Journal of the European Union

               L 153/11

         AGREEMENT
   on civil aviation safety between the European Community and Canada
   The EUROPEAN COMMUNITY and CANADA hereinafter referred to collectively as ‘the Parties’,
   CONSIDERING that each Party has determined, by a long practice of technical exchanges and bilateral arrangements between members of the European Community (EC) and Canada, that the standards and systems of the other Party for the airworthiness and environmental certification or acceptance of Civil Aeronautical Products are sufficiently equivalent to its own to make an agreement practicable,
   RECOGNISING the emerging trend toward multinational design, production, and interchange of Civil Aeronautical Products,
   DESIRING to promote civil aviation safety and environmental quality and compatibility and facilitate the exchange of Civil Aeronautical Products,
   DESIRING to enhance cooperation and increase efficiency in matters relating to civil aviation safety,
   CONSIDERING that their cooperation can positively contribute in encouraging greater international harmonisation of standards and processes,
   CONSIDERING the possible reduction of the economic burden imposed on the aviation industry and operators by redundant technical inspections, evaluations, and testing,
   RECOGNISING the mutual benefit of improved procedures for the reciprocal acceptance of approvals and testing as regards airworthiness, environmental protection, aircraft maintenance facilities, and continuing airworthiness,
   RECOGNISING that any such reciprocal acceptance needs to offer an assurance of conformity with applicable technical regulations or standards equivalent to the assurance offered by a Party’s own procedures,
   RECOGNISING that any such reciprocal acceptance also requires confidence by each Party in the continued reliability of the other Party’s conformity assessments,
   RECOGNISING the respective commitments of the Parties under bilateral, regional and multilateral agreements dealing with civil aviation safety and environmental compatibility,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Objectives
   The objectives of this Agreement are:

               (a)

               To establish, consistent with the legislation in force within each Party, principles and arrangements in order to enable the reciprocal acceptance of approvals issued by either Party’s Competent Authorities in the fields covered by this Agreement, as detailed in Article 4.

               (b)

               To allow the Parties to adapt to the emerging trend toward multinational design, manufacture, maintenance, and interchange of Civil Aeronautical Products, involving the common interests of the Parties concerning civil aviation safety and environmental quality.

               (c)

               To promote cooperation toward sustaining safety and environmental quality objectives.

               (d)

               To promote and facilitate the continuing exchange of Civil Aeronautical Products and services.

         Article 2
   Definitions
   The following terms and definitions shall apply to this Agreement:

               (a)

               ‘Airworthiness Approval’ means a finding that the design or change to a design of a Civil Aeronautical Product meets standards established by the applicable legislation in force in either Party or that a product conforms to a design that has been found to meet those standards and is in a condition of safe operation.

               (b)

               ‘Civil Aeronautical Product’ means any civil aircraft, aircraft engine, or aircraft propeller or sub-assembly, appliance, part, or component installed or to be installed thereon.

               (c)

               ‘Competent Authority’ means a government agency or entity that is designated as a Competent Authority by a Party for the purposes of this Agreement, that exercises a legal right to assess conformity of, to monitor and to control the use or sale of, Civil Aeronautical Products or services within a Party’s jurisdiction and that may take enforcement action to ensure that such products or services marketed within that Party’s jurisdiction comply with applicable legal requirements.

               (d)

               ‘Design-related Operational Requirements’ means the operational or environmental requirements affecting either the design features of the product or data on the design relating to the operations or maintenance of the product that make it eligible for a particular kind of operation.

               (e)

               ‘Environmental Approval’ means a finding that a Civil Aeronautical Product complies with standards established by the applicable legislation in force in either Party concerning noise and/or exhaust emissions.

               (f)

               ‘Maintenance’ means the performance of inspection, overhaul, repair, preservation, or the replacement of parts, appliances, or components with the exception of pre-flight inspection of a Civil Aeronautical Product to assure the continued airworthiness of that product, and includes embodiment of Modifications; but does not include the design of repairs and Modifications.

               (g)

               ‘Monitoring’ means the periodic surveillance by a Competent Authority to determine continuing compliance with the appropriate applicable standards.

               (h)

               ‘Technical Agent’ means, for Canada, the Canadian organisation responsible for civil aviation and for the European Community, the European Aviation Safety Agency (EASA).

         Article 3
   General Obligations
   1.   Each Party shall, as specified in the Annexes to this Agreement, which form an integral part thereof, accept or recognise results of specified procedures, used in assessing conformity with specified legislative, regulatory, and administrative measures of that Party, produced by the other Party’s Competent Authorities, with the understanding that the conformity assessment procedures utilised assure conformity to the satisfaction of the receiving Party, with applicable legislative, regulatory and administrative measures of that Party, equivalent to the assurance offered by the receiving Party’s own procedures.
   2.   Paragraph 1 of this Article shall only apply when transitional arrangements, which may be set out in the Annexes to this Agreement, have been completed.
   3.   This Agreement shall not be construed to entail reciprocal acceptance of standards or technical regulations of the Parties and, unless otherwise specified in this Agreement, shall not entail the mutual recognition of the equivalence of standards or technical regulations.
   4.   Nothing in this Agreement shall be construed to limit the authority of a Party to determine, through its legislative, regulatory and administrative measures, the level of protection it considers appropriate for safety, for the environment, and otherwise with regard to risks within the scope of the applicable Annex to this Agreement.
   5.   The findings made by delegated persons or approved organisations, authorised by the applicable legislation of either Party to make the same findings as a Competent Authority, shall be given the same validity as those made by a Competent Authority itself for the purposes of this Agreement. An entity of one Party responsible for the implementation of this Agreement, as defined in Article 7, may on occasion, and upon prior notification to its counterpart within the other Party, interact directly with a delegated person or approved organisation of that other Party.
   Article 4
   General Scope of Coverage
   1.   This Agreement applies to:

               (a)

               the Airworthiness Approval and Monitoring of Civil Aeronautical Products;

               (b)

               the continuing airworthiness of in-service aircraft;

               (c)

               the approval and Monitoring of production and manufacturing facilities;

               (d)

               the approval and Monitoring of maintenance facilities;

               (e)

               the Environmental Approval and environmental testing of Civil Aeronautical Products; and

               (f)

               related cooperative activities.

         2.   When European Community competence is exercised in relation to air operations, flight crew licensing and the approval of synthetic training devices, the Parties may agree on additional Annexes, including transitional arrangements, specific to each area in accordance with the procedure specified in Article 16.
   Article 5
   Competent Authorities
   1.   When an entity is eligible under the legislation of a Party, it shall be recognised as Competent Authority by the other Party, once it has been audited by its Party to determine that:

               (a)

               it fully complies with the legislation of its Party;

               (b)

               it is familiar with the requirements of the other Party, for the type and scope of certification it applied for; and

               (c)

               it is capable of carrying out the obligations contained in the Annexes.

         2.   A Party shall notify the other Party of the identity of a Competent Authority once it has successfully completed the audit. The other Party may contest the technical competence or compliance of that Competent Authority in accordance with paragraph 6 of this Article.
   3.   The entities identified in Appendix 1 and 2 shall be deemed to comply with the provisions of paragraph 1 of this Article for the implementation respectively of Annex A and B at the time of entry into force of this Agreement.
   4.   The Parties shall ensure that their Competent Authorities are capable and remain capable of properly assessing conformity of products or organisations, as applicable and as covered in the Annexes to this Agreement. In this regard, the Parties shall ensure that their Competent Authorities are subject to regular audit or assessment.
   5.   The Parties shall consult as necessary to ensure the maintenance of confidence in conformity assessment procedures. This consultation may include participation from one Party in the regular audits related to conformity assessment activities or other assessments of Competent Authorities of the other Party.
   6.   In the event of a Party’s contestation of the technical competence or compliance of a Competent Authority, the contesting Party shall notify in writing the other Party of its contestation of the technical competence or compliance of the relevant Competent Authority and of its intent to suspend the acceptance of the findings of the relevant Competent Authority. Such contestation shall be exercised in an objective and reasoned manner.
   7.   Any contestation notified in accordance with paragraph 6 of this Article shall be discussed by the Joint Committee established pursuant to Article 9, which may decide to suspend acceptance of the findings of that Competent Authority or that verification of its technical competence is required. Such verification shall normally be carried out in a timely manner by the Party having jurisdiction over the Competent Authority in question, but may be carried out jointly by the Parties if they so decide.
   8.   If the Joint Committee has not been able to resolve a contestation notified in accordance with paragraph 6 of this Article, within 30 days of its notice, the contesting Party may suspend acceptance of the findings of the Competent Authority in question but shall accept the findings made by that Competent Authority before the date of the notice. Such suspension may remain in effect until the Joint Committee has resolved the matter.
   Article 6
   Safeguard Measures
   1.   Nothing in this Agreement shall be construed to limit the authority of a Party to take all appropriate and immediate measures whenever there is a reasonable risk that a product or a service may:

               (a)

               compromise the health or safety of persons;

               (b)

               not meet the applicable legislative, regulatory, or administrative measures of that Party within the scope of this Agreement; or

               (c)

               otherwise fail to satisfy a requirement within the scope of the applicable Annex to this Agreement.

         2.   Where either Party takes measures pursuant to paragraph 1 of this Article, it shall inform the other Party in writing within 15 working days of taking such measures, providing reasons for it.
   Article 7
   Communications
   1.   The Parties agree that communications between themselves for the implementation of this Agreement shall be dealt with by:

               (a)

               as regards technical matters, the Technical Agents;

               (b)

               as regards all other matters:

                           —

                           for Canada: The Department of Transport,

                           —

                           for the European Community: the European Commission and the Competent Authorities of the Member States, where applicable.

         2.   Upon signature of this Agreement the Parties will communicate to each other the relevant contact points.
   Article 8
   Mutual Cooperation, Assistance and Transparency
   1.   Each Party shall inform the other Party of all its relevant laws, regulations, standards, and requirements, and of its certification system.
   2.   The Parties shall notify each other of their proposed significant revisions to their relevant laws, regulations, standards, and requirements, and to their certification systems insofar as these revisions may have an impact on this Agreement. To the maximum extent practicable, they shall offer each other an opportunity to comment on such revisions and give due consideration to such comments.
   3.   The Parties shall, as appropriate, develop procedures on regulatory cooperation and transparency for all activities they conduct which fall within the scope of this Agreement.
   4.   The Parties agree, subject to their applicable legislation, to provide each other, on request and in a timely manner, information related to accidents, incidents or occurrences related to the subject matters covered by this Agreement.
   5.   For the purpose of investigating and resolving safety issues by mutual cooperation, the Parties shall allow each other to participate in each other’s inspections and audits on a sample basis or conduct joint inspections and audits as appropriate.
   Article 9
   Joint Committee of the Parties
   1.   A Joint Committee is established, consisting of representatives from each Party. The Joint Committee shall be responsible for the effective functioning of this Agreement and shall meet at regular intervals to evaluate the effectiveness of its implementation.
   2.   The Joint Committee may consider any matter related to the functioning and implementation of this Agreement. In particular it shall be responsible for:

               (a)

               reviewing and taking appropriate action with respect to contestations as specified in Article 5;

               (b)

               resolving any question relating to the application and implementation of this Agreement, including those questions not otherwise resolved in the Joint Sectorial Committee established pursuant to the relevant Annex;

               (c)

               considering ways to enhance the operation of this Agreement and make as appropriate recommendations to the Parties for the amendment of this Agreement;

               (d)

               considering specific amendments to the Annexes;

               (e)

               coordinating, as appropriate, the development of additional Annexes;

               (f)

               adopting, as appropriate, working procedures on regulatory cooperation and transparency for all activities referred to in Article 4 which are not otherwise developed by Joint Sectorial Committees.

         3.   The Joint Committee shall draw up its own rules of procedure within one year of coming into force of this Agreement.
   Article 10
   Suspension of Reciprocal Acceptance Obligations
   1.   A Party may suspend, in whole or in part, its obligations specified under an Annex of this Agreement, where:

               (a)

               the other Party fails to fulfil its obligations specified under that Annex of this Agreement; or

               (b)

               one or more of its own Competent Authorities cannot implement new or additional requirements adopted by the other Party in the field covered by that Annex of this Agreement; or,

               (c)

               the other Party fails to maintain the legal and regulatory means and measures required to implement the provisions of this Agreement.

         2.   Before suspending its obligations, a Party shall request consultations under Article 15. Should consultations not resolve a disagreement that relates to any of the Annexes, either Party may notify the other Party of its intention to suspend the acceptance of findings of compliance and approvals under the Annex, over which there is disagreement. Such notification shall be in writing and detail the reasons for suspension.
   3.   Such suspension shall take effect 30 days after the date of the notification, unless, prior to the end of this period, the Party, which initiated the suspension, notifies the other Party in writing that it withdraws its notification. Such suspension shall not affect the validity of findings of compliance, certificates and approvals made by the Party’s Technical Agents or Competent Authority in question prior to the date the suspension took effect. Any such suspension that has become effective may be rescinded immediately upon an exchange of written correspondence to that effect by the Parties.
   Article 11
   Confidentiality
   1.   Each Party agrees to maintain, to the extent required under its legislation, the confidentiality of information received from the other Party under this Agreement.
   2.   In particular, subject to their respective legislation, the Parties shall neither disclose to the public, nor permit a Competent Authority to disclose to the public, information received from each other under this Agreement that constitutes trade secrets, confidential commercial or financial information, or information that relates to an ongoing investigation. To this end such information shall be considered proprietary and be appropriately marked as such.
   3.   A Party or a Competent Authority may, upon providing information to the other Party or a Competent Authority of the other Party, designate the portions of the information that it considers to be exempt from disclosure.
   4.   Each Party shall take all reasonable precautions necessary to protect information received under this Agreement from unauthorised disclosure.
   Article 12
   Cost recovery
   1.   Neither Party shall impose fees or charges on natural or legal persons whose activities are regulated under this Agreement for conformity assessment services covered under this Agreement and provided by the other Party.
   2.   Each Party shall endeavour to ensure that any fees or charges imposed by its Technical Agent on a legal or natural person whose activities are regulated under this Agreement shall be just, reasonable and commensurate with the certification and surveillance services provided, and shall not create a barrier to trade.
   3.   Each Party’s Technical Agent shall have the right to recover through fees and charges applied to natural or legal persons whose activities are regulated under this Agreement, the costs related to the implementation of the applicable Annex and of audits and inspections made in application of paragraph 5 of Article 5 and paragraph 5 of Article 8.
   Article 13
   Other Agreements
   1.   Except where otherwise specified in the Annexes, obligations contained in agreements concluded by either Party with a third country not party to this Agreement shall have no force and effect with regard to the other Party in terms of acceptance of the results of conformity assessment procedures in the third country.
   2.   Upon entry into force, this Agreement shall supersede the bilateral aviation safety agreements between Canada and the Member States of the European Union with respect to any matters covered by this Agreement.
   3.   This Agreement shall not affect the rights and obligations of the Parties under any other international agreement.
   Article 14
   Territorial Application
   Except where otherwise specified in the Annexes of this Agreement, this Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied, and under the conditions laid down in that Treaty and, on the other hand, to the territory of Canada.
   Article 15
   Consultations and Settlement of Disagreements
   1.   Either Party may request consultations with the other Party on any matter related to this Agreement. The other Party shall reply promptly to such a request and shall enter into consultations at a time agreed by the Parties within 45 days.
   2.   The Parties shall make every effort to resolve any disagreement between them regarding their cooperation under this Agreement at the lowest possible technical level by consultation in accordance with provisions contained in the Annexes to this Agreement.
   3.   In the event that any disagreement is not resolved as provided for in paragraph 2 of this Article, either Technical Agent may refer the disagreement to the Joint Committee of the Parties, which shall consult on the matter.
   Article 16
   Entry Into Force, Termination and Amendment
   1.   This Agreement shall enter into force on the date of the last note of an exchange of Diplomatic Notes in which the Parties notify each other of the completion of their internal procedures necessary for the entry into force of this Agreement. The Agreement shall remain in force until terminated by either Party.
   2.   A Party may terminate this Agreement at any time upon six months written notification to the other Party, unless the said notice of termination has been withdrawn by mutual consent of the Parties before the expiry of this period.
   3.   Where a Party seeks to amend the Agreement by removing one or more Annexes and preserving the other Annexes, the Parties shall seek to amend this Agreement by consensus, in accordance with the procedures in this Article. Failing such consensus, the Agreement shall terminate at the end of six months from the date of notice unless otherwise agreed by the Parties.
   4.   Parties may amend this Agreement by mutual written consent. An amendment to this Agreement shall enter into force on the date of the latest written notification by one Party to the other Party that its domestic procedures for entry into force have been completed.
   5.   Notwithstanding the provisions of paragraph 4 of this Article, the Parties may agree to amend the existing Annexes or add new ones by means of an exchange of Diplomatic Notes between the Parties. These amendments shall enter into force subject to the terms agreed in the exchange of Diplomatic Notes.
   6.   Following termination of this Agreement, each Party shall maintain the validity of any Airworthiness Approvals, Environmental Approvals or certificates issued under this Agreement prior to its termination, subject to their continued compliance with that Party’s applicable laws and regulations.

      IN WITNESS WHEREOF, the undersigned duly authorised to that effect, have signed this Agreement.
      Done at Prague, in duplicate, on the sixth day of May in the year two thousand and nine, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovakian, Slovenian, Spanish and Swedish languages, each version being equally authentic.

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

         За Kанада
         Por Canadá
         Za Kanadu
         For Canada
         Für Kanada
         Kanada nimel
         Για τον Καναδά
         For Canada
         Pour le Canada
         Per il Canada
         Kanādas vārdā
         Kanados vardu
         Kanada részéről
         Għall-Kanada
         Voor Canada
         W imieniu Kanady
         Pelo Canadá
         Pentru Canada
         Za Kanadu
         Za Kanado
         Kanadan puolesta
         För Kanada

   Appendix 1

      List of competent authorities, which are deemed to comply with the provisions of Article 5.1 as regards Annex A

               1.

               Competent authorities as regards design approvals

                           —

                           For Canada: the Canadian organisation responsible for civil aviation.

                           —

                           For the European Community: the European Aviation Safety Agency.

               2.

               Competent authorities as regards production oversight

                           —

                           For Canada: the Canadian organisation responsible for civil aviation.

                           —

                           For the European Community: the European Aviation Safety Agency, the Competent Authorities of Member States.

         Appendix 2

      Competent Authorities of the 27 EU Member States, which are deemed to comply with the provisions of Article 5.1 as regards Annex B


title: Council Decision (EU) 2017/37 of 28 October 2016 on the signing on behalf of the European Union of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part

text:
               14.1.2017

               EN

               Official Journal of the European Union

               L 11/1

         COUNCIL DECISION (EU) 2017/37
   of 28 October 2016
   on the signing on behalf of the European Union of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States, of the other part
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), Article 91, Article 100(2), Article 153(2), Article 192(1) and the first subparagraph of Article 207(4), in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 24 April 2009, the Council authorised the Commission to open negotiations for a Comprehensive Economic and Trade Agreement with Canada.

               (2)

               Those negotiations have been concluded, and the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one part, and the European Union and its Member States of the other part, (the ‘Agreement’) should be signed on behalf of the Union, subject to the fulfilment of the procedures required for its conclusion at a later date.

               (3)

               In accordance with Article 30.6(1) of the Agreement, the Agreement does not confer rights or obligations which can be directly invoked before Union or Member State courts or tribunals,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing, on behalf of the Union, of the Comprehensive Economic and Trade Agreement (CETA) between Canada, of the one Part, and the European Union and its Member States, of the other Part, is hereby authorised, subject to its conclusion.
   The text of the Agreement, together with the Joint Interpretative Instrument and the related Statements and Declarations, are 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 Union.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 28 October 2016.

            For the Council

            The President

         M. LAJČÁK


Avis juridique important

|

31979D0857

79/857/EEC: Council Decision of 15 October 1979 appointing members and alternate members of the Advisory Committee on Social Security for Migrant Workers

Official Journal L 265 , 23/10/1979 P. 0010 - 0011

****( 1 ) OJ NO L 149 , 5 . 7 . 1971 , P . 2 .        COUNCIL DECISION   OF 15 OCTOBER 1979   APPOINTING MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS  ( 79/857/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 51 THEREOF ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1408/71 OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 82 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 8 FEBRUARY 1977 APPOINTING MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS FOR THE PERIOD 8 FEBRUARY 1977 TO 7 FEBRUARY 1979 ,   HAVING REGARD TO THE LISTS OF CANDIDATES SUBMITTED TO THE COUNCIL BY THE GOVERNMENTS OF THE MEMBER STATES ,   WHEREAS THE FRENCH GOVERNMENT WILL SUBSEQUENTLY SUBMIT A CANDIDATE TO FILL THE VACANCY FOR AN ALTERNATE MEMBER IN THE CATEGORY OF EMPLOYERS '  REPRESENTATIVES ;   WHEREAS THE LUXEMBOURG GOVERNMENT WILL SUBSEQUENTLY SUBMIT A LIST OF CANDIDATES TO FILL THE THREE VACANCIES IN THE CATEGORY OF TRADE UNIONS '  REPRESENTATIVES ;   WHEREAS THE MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE SHOULD BE APPOINTED FOR A PERIOD OF TWO YEARS ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE FOLLOWING ARE HEREBY APPOINTED MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS FOR THE PERIOD 15 OCTOBER 1979 TO 14 OCTOBER 1981 :   A . GOVERNMENT REPRESENTATIVES   //  //  ( A ) MEMBERS //  //  ( B ) ALTERNATES // BELGIUM //  MR DONIS //  MR MERTENS //  MR DUPUIS // DENMARK //  MR TRIER //  MR VORRE //  MR ANDERSEN // GERMANY //  MR HAASE //  MR KAUPPER //  MR BURCHARDT // FRANCE //  MISS RUELLAN //  MR HAMON //  MR DECISIER // IRELAND //  MR COLLINS //  MR FORRESTAL //  MR TRANT // ITALY //  MR BOVA //  MR CRISTOFANELLI //  MRS PIRRONE // LUXEMBOURG //  MR NOSBUSCH //  MR REIFFERS //  MR DERATTE // NETHERLANDS //  MR DIRKEN //  MR VAN NIJNANTEN //  MR BLOEMHEUVEL // UNITED KINGDOM //  MR REFFELL //  MR SEABOURN //  MR SLOANE //   B . TRADE UNION REPRESENTATIVES   //  //  ( A ) MEMBERS //  //  ( B ) ALTERNATES // BELGIUM //  MR PEETERS //  MR VERBOVEN //  MR POTTILLIUS // DENMARK //  MR VOGNBJERG //  MR LARSEN //  MR NIELSEN // GERMANY //  MR ELSNER //  MRS WULF-MATHIES //  MRS RENKEN // FRANCE //  MR CAPPE //  MR BRIDIER //  MR JACQUOT // IRELAND //  MR MURPHY //  MR KENNEDY //  MR MULHALL // ITALY //  MR MOTTA //  MR TOSINI //  MR FABRETTI // LUXEMBOURG //   -  //   -  //   -  // NETHERLANDS //  MR MADLENER //  MR VAN DRAAT //  MR BODE // UNITED KINGDOM //  MR ECCLES //  MR MAWER //  MR MACGOUGAN //   C . REPRESENTATIVES OF EMPLOYERS '  ORGANIZATIONS   //  //  ( A ) MEMBERS //  //  ( B ) ALTERNATES // BELGIUM //  MR FRANSMAN //  MRS DE SCHRIJVER-STORM //  MRS LAMBERT-BEAUFILS // DENMARK //  MR CHRISTENSEN //  MRS SIMONSEN //  MRS JOHANSEN // GERMANY //  MR SCHNABEL //  MR LOW //  MR GLAUBITZ // FRANCE //  MR MARTIN //  MR VRILLON //   -  // IRELAND //  MR HARRINGTON //  MR HARTY //  MR RICE // ITALY //  MR TORELLA //  MR MISSERVILLE //  MR NASONI // LUXEMBOURG //  MR RECKINGER //  MR SAUBER //  MR PAULY // NETHERLANDS //  MRS DE QUANT //  MR VAN RENS //  MR ZWARTS // UNITED KINGDOM //  MR ASHLEY //  MR COBB //  MRS HARRISON //   ARTICLE 2   THE COUNCIL SHALL SUBSEQUENTLY APPOINT AN ALTERNATE MEMBER TO FILL THE VACANCY FOR A FRENCH EMPLOYERS '  REPRESENTATIVE , AND MEMBERS AND ALTERNATES TO FILL THE THREE VACANCIES IN THE CATEGORY OF LUXEMBOURG TRADE UNION REPRESENTATIVES .   DONE AT LUXEMBOURG , 15 OCTOBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   J . GIBBONS


title: Council Decision of 3 October 1974 on the conclusion of the Agreement between the European Economic Community and the Republic of Upper Volta on the supply of skimmed-milk powder and butteroil as food aid

text:
31 . 10. 74                       Official Journal of the European Communities                   No L 293 /21
                                                 COUNCIL DECISION
                                                    of 3 October 1974
            on the conclusion of the Agreement between the European Economic Community
            and the Republic of Upper Volta on the supply of skimmed-milk powder and butteroil
                                                        as food aid
                                                       (74/524/EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Economic Community, and in
            particular Articles 113, 114 and 228 thereof;
            Having regard to the recommendation from the Commission ;
            Whereas by Council Regulations (EEC) No 3582/73 (*) and (EEC) No 3583/73 (2), it was
            decided to make 2 600 metric tons of skimmed-milk powder and 1 800 metric tons of
            butteroil available to the Republic of Upper Volta,
            HAS DECIDED AS FOLLOWS :
                                                         Article 1
            The Agreement between the European Economic Community and the Republic of
            Upper Volta on the supply of skimmed-milk powder and butteroil as food aid, the
            text of which is annexed to this Decision, is hereby concluded on behalf of the
            Community.
                                                          Article 2
            The President of the Council is hereby authorized to designate the persons empowered
            to sign the Agreement, and to confer on them the powers necessary to bind the
            Community.
            Done at Luxembourg, 3 October 1974.
                                                                        For the Council
                                                                         The President
                                                                           P. ABELIN
             ( 4 ) OJ No L 359, 28 . 12. 1973, p. 50.
             (2) OJ No L 359, 28 . 12. 1973 , p. 51 .