               4.11.2016

               EN

               Official Journal of the European Union

               C 407/98

         P8_TA(2015)0235
   Request for the waiver of the immunity of Udo Voigt
   European Parliament decision of 24 June 2015 on the request for waiver of the immunity of Udo Voigt (2015/2072(IMM))
   (2016/C 407/15)

      Τhe European Parliament,

               —

               having regard to the request for waiver of the immunity of Udo Voigt, forwarded on 9 February 2015 by the presiding judge at the Kammergericht of Berlin (Ref. (3) 161 Ss 189/14 (14/15)) and announced in plenary on 25 March 2015,

               —

               having heard Udo Voigt in accordance with Rule 9(5) of its Rules of Procedure,

               —

               having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013 (1),

               —

               having regard to Article 46 of the Basic Law of the Federal Republic of Germany,

               —

               having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A8-0192/2015),

               A.

               whereas the presiding judge at the Kammergericht of Berlin has submitted a request for waiver of the parliamentary immunity of Udo Voigt in connection with legal action concerning an alleged offence;

               B.

               whereas, under Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, Members enjoy, in the territory of their own state, the immunities accorded to members of the parliament of that state;

               C.

               whereas, under Article 46(2) of the Basic Law of the Federal Republic of Germany, a member of parliament may not be called to account or arrested for a punishable offence without parliamentary permission, save in certain specific circumstances;

               D.

               whereas Udo Voigt is accused of incitement and collective insults in a publication issued by the National Democratic Party of Germany at the time of the 2006 FIFA World Cup, for which he was responsible as the party chair;

               E.

               whereas the charges are clearly unrelated to Udo Voigt’s position as a Member of the European Parliament and arise from his position as Chair of the National Democratic Party of Germany;

               F.

               whereas the alleged actions do not relate to opinions expressed or votes cast by the Member of the European Parliament in the performance of his duties within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union, bearing in mind also that the accusation relates to actions carried out in 2006, which is well before Udo Voigt was elected to the European Parliament in 2014;

               G.

               whereas Udo Voigt claims that the length of the proceedings, which were initiated in 2006, demonstrates a desire to obstruct his parliamentary work; whereas, however, the present request for waiver of immunity is explained by further proceedings which were initiated by a remedy introduced by Udo Voigt himself, and the principle of nemo auditur propriam turpitudinem allegans therefore applies to this objection;

               H.

               whereas there can be no suspicion of any attempt to obstruct the parliamentary work of Udo Voigt (fumus persecutionis) behind the proceedings, as they were initiated a number of years before he assumed his seat in the European Parliament;

               1.

               Decides to waive the parliamentary immunity of Udo Voigt;

               2.

               Instructs its President to forward this decision and the report of its committee responsible immediately to the Kammergericht of Berlin and to Udo Voigt.

      (1)  Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.


title: Political and Security Committee Decision (CFSP) 2016/1636 of 6 September 2016 on the acceptance of third States' contributions to the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (EUTM RCA/1/2016)

text:
               10.9.2016

               EN

               Official Journal of the European Union

               L 243/13

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2016/1636
   of 6 September 2016
   on the acceptance of third States' contributions to the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (EUTM RCA/1/2016)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision (CFSP) 2016/610of 19 April 2016 on a European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (1),
   Whereas:

               (1)

               Pursuant to Article 8(2) of Council Decision (CFSP) 2016/610, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on acceptance of the proposed contributions by third States.

               (2)

               Following recommendation on a contribution from Georgia by the EU Mission Commander and the advice from the European Union Military Committee, the contribution from Georgia should be accepted.

               (3)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   Third States' contributions
   1.   The contribution from Georgia to EUTM RCA is accepted and considered to be significant.
   2.   Georgia is exempted from financial contributions to the budget of EUTM RCA.
   Article 2
   Entry into force
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 6 September 2016.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 104, 20.4.2016, p. 21.


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31960D0712

EEC Council: Decision on the application to Algeria and to the French overseas departments of the provisions of the Treaty concerning capital movements

Official Journal 043 , 12/07/1960 P. 0919 - 0920 Danish special edition: Series I Chapter 1959-1962 P. 0046  English special edition: Series I Chapter 1959-1962 P. 0048  Greek special edition: Chapter 10 Volume 1 P. 0003  Spanish special edition: Chapter 10 Volume 1 P. 0005  Portuguese special edition Chapter 10 Volume 1 P. 0005

DECISION on the application to Algeria and to the French overseas departments of the provisions of the Treaty concerning capital movements THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY, Having regard to the Treaty, and in particular Article 227 (2) thereof; Having regard to the proposal from the Commission; Whereas in accordance with the second subparagraph of Article 227 (2) it rests with the Council to determine the conditions under which the provisions of the Treaty, other than those set out in the first subparagraph, and in particular the provisions concerning capital, are to apply to Algeria and to the French overseas departments; Whereas a proposal for Directive on the liberalisation of capital movements, submitted by the Commission in pursuance of Article 69 of the Treaty, has been placed before the Council; Whereas the legislation on capital movements in force in Algeria and in the French overseas departments, and the special economic conditions of these territories and the needs of their economic and social development, render appropriate the application to those areas of the provisions of the Treaty as regards capital; HAS ADOPTED THIS DECISION:Article 1 Articles 67 to 73 of the Treaty, and the provisions of Article 106 concerning the movement of capital, shall apply to Algeria and to the French overseas departments. Article 2 This Decision shall enter into force on 11 May 1960.Done at Luxembourg, 11 May 1960. For the Council The Secretary-General CALMES The President Eugène SCHAUS


title: 2009/718/EC: Council Decision of 7 September 2009 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 254/104

         COUNCIL DECISION
   of 7 September 2009
   on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union
   (2009/718/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 29 January 2007, the Council authorised the Commission to open negotiations with certain other Members of the WTO under Article XXIV:6 of GATT 1994, in the course of the accessions to the European Union of the Republic of Bulgaria and Romania.

               (2)

               Negotiations have been conducted by the Commission in consultation with the Committee established by Article 133 of the Treaty and within the framework of the negotiating directives issued by the Council.

               (3)

               The Commission has finalised negotiations for an Agreement in the form of an Exchange of Letters between the European Community and Brazil. The Agreement should be approved.

               (4)

               The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1),

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The detailed rules for implementing the Agreement shall be adopted in accordance with the procedure referred to in Article 195(2) of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (2).
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in the form of an Exchange of Letters referred to in Article 1 in order to bind the Community.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 7 September 2009.

            For the Council

            The President

         E. ERLANDSSON

      (1)  OJ L 184, 17.7.1999, p. 23.

      (2)  OJ L 299, 16.11.2007, p. 1.
    ---documentbreak---

               26.9.2009

               EN

               Official Journal of the European Union

               L 254/106

         AGREEMENT
   in the form of an Exchange of Letters between the European Community and Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union
   Geneva, 16 September 2009
   Sir,
   Following negotiations under Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade 1994 (GATT) relating to the modification of the Schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union, the European Community and Brazil have agreed as follows:
   The European Community will incorporate in its schedule, for the customs territory of EC 27, the following modifications:
   To incorporate in the schedule of the EC 27 the concessions contained in the schedule of the EC 25.
   On tariff lines 0201 3000, 0202 3090, 0206 1095 and 0206 2991 add 5 000 tonnes to the allocation of Brazil under the EC tariff rate quota ‘boneless high quality meat of bovine animals, fresh, chilled or frozen’, maintaining the present in quota rate of 20 %.
   On tariff line 0202 3090, add 9 000 tonnes (erga omnes) under the EC tariff rate quota ‘meat of bovine animals, frozen’ maintaining the present in quota rate of 20 % or 20 % + 45 % of the specific rate of duty.
   On tariff line 0207 1410, add 2 500 tonnes to the allocation of Brazil under the EC tariff rate quota ‘cuts of fowls of the species Gallus domesticus’, maintaining the present in quota rate of 0 %.
   On tariff line 0207 2710, create a country allocation (Brazil) of 2 500 tonnes under the EC tariff rate quota ‘cuts of turkey, frozen’, maintaining the present in quota rate of 0 %.
   On tariff line 1701 1110, add 300 000 tonnes to the allocation of Brazil under the EC tariff rate quota ‘raw cane sugar, for refining’, maintaining the present in quota rate of EUR 98/t.
   On tariff line 1701 1110 add 250 000 tonnes (erga omnes) under the EC tariff rate quota ‘raw cane sugar, for refining’, maintaining the present in quota rate of EUR 98/t.
   This Agreement will enter into force no later than two months after the date of the signed letter from Brazil.

         On behalf of the European Community

   Geneva, 16 September 2009
   Sir,
   With reference to your letter stating:

      ‘Following negotiations under Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade 1994 (GATT) relating to the modification of the Schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union, the European Community and Brazil have agreed as follows:
      The European Community will incorporate in its schedule, for the customs territory of EC 27, the following modifications:
      To incorporate in the schedule of the EC 27 the concessions contained in the schedule of the EC 25.
      On tariff lines 0201 3000, 0202 3090, 0206 1095 and 0206 2991 add 5 000 tonnes to the allocation of Brazil under the EC tariff rate quota “boneless high quality meat of bovine animals, fresh, chilled or frozen”, maintaining the present in quota rate of 20 %.
      On tariff line 0202 3090, add 9 000 tonnes (erga omnes) under the EC tariff rate quota “meat of bovine animals, frozen” maintaining the present in quota rate of 20 % or 20 % + 45 % of the specific rate of duty.
      On tariff line 0207 1410, add 2 500 tonnes to the allocation of Brazil under the EC tariff rate quota “cuts of fowls of the species Gallus domesticus”, maintaining the present in quota rate of 0 %.
      On tariff line 0207 2710, create a country allocation (Brazil) of 2 500 tonnes under the EC tariff rate quota “cuts of turkey, frozen”, maintaining the present in quota rate of 0 %.
      On tariff line 1701 1110, add 300 000 tonnes to the allocation of Brazil under the EC tariff rate quota “raw cane sugar, for refining”, maintaining the present in quota rate of EUR 98/t.
      On tariff line 1701 1110 add 250 000 tonnes (erga omnes) under the EC tariff rate quota “raw cane sugar, for refining”, maintaining the present in quota rate of EUR 98/t.
      This Agreement will enter into force no later than two months after the date of the signed letter from Brazil.’.

   I hereby have the honour to express my government’s agreement.

         On behalf of Brazil


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31997D0575

97/575/EC, ECSC, Euratom: Commission Decision of 23 July 1997 adjusting the weightings applicable from 1 August, 1 September, 1 October, 1 November and 1 December 1996 to the remuneration of officials of the European Communities serving in third countries

Official Journal L 236 , 27/08/1997 P. 0023 - 0025

COMMISSION DECISION of 23 July 1997 adjusting the weightings applicable from 1 August, 1 September, 1 October, 1 November and 1 December 1996 to the remuneration of officials of the European Communities serving in third countries (97/575/ECSC, EC, Euratom) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,Having regard to the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (Euratom, ECSC, EC) No 2485/96 (2), and in particular the second paragraph of Article 13 of Annex X thereto,Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (ECSC, EC, Euratom) No 542/97 (3) laid down the weightings to be applied from 1 July 1996 to the remuneration of officials serving in third countries, payable in the currency of their country of employment;Whereas the Commission has made a number of adjustments to these weightings (4) in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations;Whereas, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations, some of these weightings should be adjusted with effect from 1 August, 1 September, 1 October, 1 November and 1 December 1996 given that the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,DECIDES:Sole Article With effect from 1 August, 1 September, 1 October, 1 November and 1 December 1996 the weightings applicable to the remuneration of officials serving in third countries payable in the currency of their country of employment are adjusted as shown in the Annex.The exchange rates for the calculation of such remuneration shall be those used for implementation of the general budget of the European Communities for the month preceding the date referred to in the first paragraph.Done at Brussels, 23 July 1997.For the CommissionHans VAN DEN BROEKMember of the Commission(1) OJ No L 56, 4. 3. 1968, p. 1.(2) OJ No L 338, 28. 12. 1996, p. 1.(3) OJ No L 84, 26. 3. 1997, p. 1.(4) OJ No L 45, 15. 2. 1997, p. 45.ANNEX >TABLE>>TABLE>>TABLE>>TABLE>>TABLE>