title: Council Decision of 25 April 1977 giving a discharge to the Commission in respect of the implementation of the budget and of the amending and supplementary budgets of the European Communities for the financial year 1975

text:
No L 229 / 8                         Official Journal of the European Communities                                 7. 9 . 77
                                                     COUNCIL
                                                 COUNCIL DECISION
                                                     of 25 April 1977
             giving a discharge to the Commission in respect of the implementation of the budget
             and of the amending and supplementary budgets of the European Communities for the
                                                   financial year 1975
                                              (77/575/EEC, Euratom, ECSC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                        begin operating, the second (3) constituting the
                                                                 second tranche of the Communities ' contribution to
Having regard to the Treaty establishing the                     an international emergency aid project for the
European Coal and Steel Community, and in                        assistance of the developing countries most affected
particular Article 78d thereof,                                  by the crisis, and the third (4) increasing research and
                                                                 investment appropriations and the appropriations for
Having regard to the Treaty establishing the                     the Guarantee Section of the European Agricultural
European Economic Community, and in particular                   Guidance and Guarantee Fund ;
Article 206 thereof,
                                                                 Whereas the Commission made payments relating to
Having regard to the Treaty establishing the                     appropriations carried over from the financial year
European Atomic Energy Community, and in                         1974 ( or previous financial years) from an
particular Article 180 thereof,                                  appropriation of 2 321 976 447 units of account over
                                                                and above the aforementioned appropriation amounts ;
Having regard to the Treaty establishing a single                Whereas certain appropriations available at the close
Council and a single Commission of the European                  of the financial year 1975 have been carried forward
Communities, and in particular Article 20 thereof,               to the financial year 1976 ;
Having regard to the accounts of revenue and                     Whereas the observations and comments in the Audit
expenditure and the financial statements relating to             Board's report on the accounts for the financial year
the transactions made under the budget for the                   1975 contain references to certain irregularities and
financial year 1975 ,                                            errors and whereas appropriate action should be
                                                                 taken on this matter ;
Having regard to the report of the Audit Board on
the accounts for the financial year 1975 to which                Whereas, however, the general implementation by the
report are annexed the replies by the institutions to            Commission of the budgets for the financial year
the comments concerning them ,                                   1975 was such as to entitle it to be given a discharge
                                                                 in respect of the implementation of these budgets.
Whereas the European Parliament has adopted the
budget of the European Communities for the                       HAS DECIDED AS FOLLOWS :
financial year 1975 ( 1 );
                                                                                Article 1
Whereas during the financial year 1975, three
amending and supplementary budgets were adopted,                 The views of the Council on the observations and
the first (2) amending research and investment                   comments in the Audit Board's report on the
appropriations, and enabling the Regional Fund to                accounts for the financial year 1975 are as set out in
                                                                 the Annex.
H OJ No L 54, 28 . 2 . 1975, p . 1 .                             (3) OJ No L 175, 7. 7. 1975, p. 59 .
(2) OJ No L 175, 7. 7. 1975, p . 1 .                             (4 ) OJ No L 40, 16. 2 . 1976, p . 1 .
 ---pagebreak--- 7. 9 . 77                           Official Journal of the European Communities                     No L 229/9
                                                       Article 2
          1.     The Council notes that :
                                                                                (units of account)
          ( a) total payments made from the appropriations for the financial
                year (management of own resources) amount to                      5 004 589 554-62
          ( b) total payments made from appropriations to be financed accord
                ing to an ad hoc scale amount to                                          80 063-78
          ( c) total appropriations carried forward from the financial year 1975
                to the financial year 1976 ( management of own resources)
                amount to                                                         1 238 176 554-61
          2.     The Council notes that the sum of the totals under paragraph 1 ,
          viz.:                                                                   6 242 846 173-01
          is to be covered by equivalent revenue as follows :
          (a) in accordance with Decision 70/243/ECSC. EEC, Euratom (*) of
                21 April 1970 on the replacement of financial contributions from
                Member States by the Communities' own resources :
                — by own resources                                                3 741 101 246-20
                — by financial contributions                                      2 151 995 462-70
                — by the amount provided for the appropriations carried
                    forward from the financial year 1974 to the financial year
                    1975 , and which is cancelled                                    29 157 480-59
                — by revenue connected with research and investment activities         6 035 500-81
                — by Member States' contributions to the Euratom comple
                    mentary programmes                                               12 633 429-30
                — by the amount of the ECSC levies allocated to administrative
                   expenditure                                                       18 000 000-00
                — by other miscellaneous revenue                                    283 842 989-70
          (b) by financial contributions in accordance with Article 200 ( 1 ) of
               the EEC Treaty                                                             80 063-78
          3 . The Council notes that payments from appropriations carried
          forward from the financial year 1974 amount to                          1 406 557 950-84
                                                       Article 3
          The Council hereby gives a discharge to the Commission in respect of the implementation
          of the budget and of the amending and supplementary budgets of the European Com
          munities for the financial year 1975 , as shown by the following table.
           (») OJ No L 94, 28 . 4 . 1970, p . 19 .
 ---pagebreak---                                                                                (unsts of account)
                    Amounts carried                                    Total
                    over from 1975                                 appropriations                                           Balances carried
  nts against                                                                        Commitments at     Payments made by
                     to 1976 from           Cancellations             for the                                                forward from         Cancellations
   priations                                                                        31 December 1975    31 December 1975
                     appropriations                                financial year                                           1975 to 1976 (*)
   t forward        brought forward                                    1975
                                                                                No L 229/ 10
     2                     3                      4                      5                 6                   7                    8                   9
                          —
   62 582-16                               3 753 980-16           799 282 352-00    768 809 648-94       615 127 010-94     164 78 7 821-92      19 367 519-14
                          —                                                                                22 422 387-95
   65 507-06                                 835 032-99           101 229 998-00      83 944 015-69       77 449 012-06                           1 358 597-99
   84 092-82       154 835 641-02          1 738 963-47           366 140 000-00    353 876 024-46         7 995 464-48     353 958 639-94        4 185 895-58
                           —                    —                                                                                —
    —                                                             150 000 000-00    299 825 530-26        90 668 048-86      59 331 951-14
   83 659-74                               9 363 162-76          4 336 333 997-00 4 336 333 997-00 4 003 481 249-34         332 852 747-66
   63 801-62       730 774 409-92          3 289 513-75 (2)       262 500 000-00     149 011 891-08       38 420 195-56     223 809 970-86          269 833-58
                          —                                                                                81 013 035-14         265 877-70
   98 307-44                              10 827 791-60           252 807 550 00     246 853 065-62      171 528 637-16
  57 950-84        885 610 050-94         29 808 444-73          6 268 293 897-00 6 238 654 173-05 5 004 669 618-40        1 238 176 554-61     25 447 723-99
                                                                                Official Journal of the European Communities
 nce between columns 6 and 7 as they include the carry-forwards referred to in Article 6 (1 ) (b) of Financial Regulation 73/91 /ECSC , EEC, Euratom ( OJ No L 116,
     (see revenue and expenditure accounts, Volume II, p. 13).
e at Luxembourg, 25 April 1977.
                                                                                For the Council
                                                                                The President
                                                                                J. SILKIN
                                                                                7. 9 . 77
 ---pagebreak--- 7 . 9 . 77                            Official Journal of the European Communities                            No L 229/ 11
                                                                   /
                                                             ANNEX
                              POSITION OF THE COUNCIL REFERRED TO IN ARTICLE 1
Extra-budgetary accounts                                          imposed on such transfers, advantage is being taken of
                                                                  the provision for speculative purposes.
(Section 5 (c) of the report)
The Council draws the attention of the institutions to the        European Social Fund
Audit Board's comments on the use of bank accounts
and asks the institutions concerned to limit as far as            (Sections 31 to 40 of the report)
possible the amounts in existing accounts.
                                                                  The Council agrees with the Audit Board's comments on
                                                                  the delays in payments made by the Fund. These delays
Staff expenditure                                                 have in some cases caused the cancellation of appropri
                                                                  ations and in other cases the re-allocation of funds to
(Sections 9 to 20 of the report)                                  other projects which the Commission had originally
                                                                  considered to be less urgent.
The Council has the following comments :
— the Audit Board's comments are felt to be justified,            European Agricultural Guidance and Guarantee Fund
                                                                  Distillation of table wines
— the Commission is asked to comply with the
     provisions concerning the staff of the European              (Section 53 of the report)
     Communities, since the strict application of existing
     provisions is the only way of ensuring uniform               The Council disagrees with the Commission's view that
     treatment for all staff,                                     the forwarding of detailed calculations to the Council
                                                                  would complicate the taking of political decisions. On the
— it is pointed out that if the Commission feels that a           contrary, if supplied with detailed information the
    particular provision is having an undesirable effect,         Council would be able to take its decisions in fuller
    it should duly propose the appropriate amendments ;           knowledge of the facts.
     the Commission should furthermore preferably inform
     the Council, prior to taking unilateral action, of any      Food aid
     major difficulties in applying in practice the provisions
     adopted by the Council.                                      (Sections 80 to 83 of the report)
                                                                  The Council draws the Commission's attention to the
The Council considers that the provisions concerning staff        delays in implementation and clearance both of the aid
cannot be freely interpreted .                                    programmes and of emergency aid. It asks the Commission
                                                                  to submit a report on the measures being taken in order
The Council supports the Audit Board's comments                   to prevent such delays and in order to recover the costs
regarding the exchange rates applied for the re-purchase of       of delays attributable to the recipient countries from
                                                                  those countries.
pension rights (Section 17 (e) of the report).
                                                                  Research and investment appropriations
Transfer of emoluments in a currency other than that of
the country of employment                                         (Sections 94 to 100 of the report)
                                                                  The Council draws the Commission's attention to the
(Section 18 of the report)
                                                                  need for further improvement in the Joint Research
                                                                 Centre accounting system . It notes that the Commission
The Council agrees with the Audit Board's view. It is            will make some effort to improve the financial
apparent from paragraph (e) that, despite the restrictions       management of research and investment appropriations.


Avis juridique important

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31990D0655

90/655/EEC: Council Decision of 4 December 1990 amending Decision 87/277/EEC on the allocation of the catch possibilities for cod in the Spitzbergen and Bear Island area and in Division 3 M as defined in the NAFO Convention

Official Journal L 353 , 17/12/1990 P. 0057 - 0058

COUNCIL DECISION of 4 December 1990 amending Decision 87/277/EEC on the allocation of the catch possibilities for cod in the Spitzbergen and Bear Island area and in Division 3M as defined in the NAFO Convention (90/655/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources(1), as amended by the Act of Accession of Spain and Portugal, and in particular Article 11 of  that Regulation,  Having regard to the proposal from the Commission(2),  Having regard to the opinion of the European Parliament(3),  Whereas the unification of Germany has changed the historic catches on which Decision 87/277/EEC(4) was based; whereas that Decision should therefore be amended  in order to take account of catches made by the former German Democratic Republic during the reference periods used in calculating the percentage allocations in the Annex to that decision,  HAS DECIDED AS FOLLOWS:    Sole Article The Annex to Decision 87/277/EEC shall be replaced by the Annex to this Decision.    Done at Brussels, 4 December 1990.  For the Council The President G. DE MICHELIS   (1)OJ No L 24, 27. 1. 1983, p. 1.  (2)OJ No C 248, 2. 10. 1990, p. 11.  (3)Opinion delivered on 21 November 1990 (not yet published in the Official Journal).  (4)OJ No L 135, 23. 5. 1987, p. 29.     ANNEX   Spitzbergen  Bear Island cod (ICES division II b) TAC (tonnes) Community share (tonnes) Germany (%) Spain (%) France (%) Portugal (%) United Kingdom (%) All Other Member States (total amount) FIRST INSTALMENT Percentage of the Community share after deduction of the standard amount allocated to other Member States Standard amount 22 018 or less19,2449,73 8,2110,5012,32100 tonnes SECOND INSTALMENT Percentage of the Community share after deduction of the first instalment and the amount allocated to other Member States Standard amount 22 01924 22029,7128,4516,44 4,2121,19250 tonnes Percentage of the Community share   700 001  800 00024 22127 68029,5428,5416,46 4,2721,191,91   800 001  900 00027 68131 14029,5128,5616,47 4,2721,192,86   900 0011 000 00031 14134 60029,5428,5416,46 4,2721,193,82 1 000 001 or more34 601 or more29,5428,5416,46 4,2721,1 4,77   Cod NAFO 3M Germany (%) Spain (%) France (%) Portugal (%) United Kingdom (%) FIRST INSTALMENT 7 500 tonnes or less9,3328,674,0039,3318,67 SECOND INSTALMENT more than 7 500 tonnes1,7637,815,3851,97 3,08


title: 2005/461/EC: Council Decision of 13 June 2005 appointing an Italian alternate member of the Committee of the Regions

text:
               24.6.2005

               EN

               Official Journal of the European Union

               L 164/48

      COUNCIL DECISION

   of 13 June 2005
   appointing an Italian alternate member of the Committee of the Regions
   (2005/461/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Italian Government,
   Whereas:

               (1)

               On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions for the period 26 January 2002 to 25 January 2006 (1).

               (2)

               A seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Lorenzo DELLAI, notified to the Council on 16 March 2005,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Mario MAGNANI, ‘consigliere provinciale della Provincia autonoma di Trento’ (Provincial Councillor from the Autonomous Province of Trento), is appointed an alternate member of the Committee of the Regions for the remainder of the term of office, which runs until 25 January 2006.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the date of its adoption.

      Done at Luxembourg, 13 June 2005.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 24, 26.1.2002, p. 38.


title: 2007/652/Euratom: Council Decision of 1 October 2007 appointing a member of the Advisory Committee of the Euratom Supply Agency

text:
               9.10.2007

               EN

               Official Journal of the European Union

               L 262/30

      COUNCIL DECISION

   of 1 October 2007
   appointing a member of the Advisory Committee of the Euratom Supply Agency
   (2007/652/Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,
   Having regard to Article X of the Statutes of the Euratom Supply Agency (1), as last amended by Decision 95/1/EC, Euratom, ECSC of 1 January 1995 (2),
   Having regard to Council Decision 2007/514/Euratom of 10 July 2007 appointing the members of the Advisory Committee of the Euratom Supply Agency (3),
   Having regard to the opinion of the Commission,
   Whereas:

               (1)

               A member's seat on the above Committee has fallen vacant following the resignation of Mr Jean-Luc SALANAVE, of which the Council was informed on 1 August 2007.

               (2)

               That vacancy should therefore be filled.

               (3)

               The French Government submitted a nomination on 1 August 2007,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Mr Jean-Michel GUIHEUX is hereby appointed a member of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, which ends on 28 March 2009.

      Done at Luxembourg, 1 October 2007.

            For the Council

            The President

         M. LINO

      (1)  OJ 27, 6.12.1958, p. 534/58.

      (2)  OJ L 1, 1.1.1995, p. 1.

      (3)  OJ L 190, 21.7.2007, p. 15.


Avis juridique important

|

31991D0611

91/611/EEC: Council Decision of 28 October 191 concerning the conclusion of an Agreement between the European Economic Community and the Republic of Austria establishing cooperation in the field of education and training within the framework of the Erasmus programme

Official Journal L 332 , 03/12/1991 P. 0001 - 0001

COUNCIL DECISION of 28 October 1991 concerning the conclusion of an Agreement between the European  Economic Community and the Republic of Austria establishing cooperation in the field of education  and training within the framework of the Erasmus programme (91/611/EEC)THE COUNCIL  OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  235 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Whereas by Decision 87/327/EEC (3) as amended by Decision 89/663/EEC (4), the Council adopted the  European Community Action Scheme for the Mobility of University Students (Erasmus); Whereas on 5 November 1990, the Council authorized the Commission to negotiate with the EFTA  countries and Liechtenstein, in accordance with specific negotiating Directives, bilateral  agreements having as their objective cooperation in the field of education and training within the  framework of the Erasmus programme; Whereas a Cooperation Agreement between the European Economic Community and the Republic of Austria  by its nature enriches the impact of the Erasmus programme so as to develop inter-university  cooperation and to strengthen the skill levels of human resources in Europe, HAS DECIDED AS FOLLOWS: Article 1 The Agreement between the European Economic Community and the Republic of Austria establishing  cooperation in the field of education and training within the framework of the Erasmus programme is  hereby approved on behalf of the Community. The text of the Agreement is attached to this Decision. Article 2 The President of the Council shall give the notification provided for in Article 13 of the  Agreement (5). Done at Luxembourg, 28 October 1991. For the Council The President J. M. M. RITZEN (1) OJ N° C 127, 17. 5. 1991, p. 3. (2) Opinion delivered on 24 October 1991 (not yet published in the Official Journal). (3) OJ N° L 166, 25. 6. 1987, p. 20. (4) OJ N° L 395, 30. 12. 1989, p. 23. (5) See page 71 of this Official Journal.


title: Political and Security Committee Decision (CFSP) 2016/395 of 15 March 2016 on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision (CFSP) 2015/1823 (ATALANTA/1/2016)

text:
               18.3.2016

               EN

               Official Journal of the European Union

               L 73/97

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2016/395
   of 15 March 2016
   on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision (CFSP) 2015/1823 (ATALANTA/1/2016)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6(1) of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (‘EU Force Commander’).

               (2)

               On 6 October 2015, the PSC adopted Decision (CFSP) 2015/1823 (2) appointing Rear Admiral Stefano BARBIERI as EU Force Commander.

               (3)

               The EU Operation Commander has recommended the appointment of Rear Admiral (LH) Jan C. KAACK as the new EU Force Commander to succeed Rear Admiral Stefano BARBIERI as from 23 March 2016.

               (4)

               The EU Military Committee supported that recommendation on 23 February 2016.

               (5)

               Decision (CFSP) 2015/1823 should therefore be repealed.

               (6)

               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 the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   Rear Admiral (LH) Jan C. KAACK is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) as from 23 March 2016.
   Article 2
   Decision (CFSP) 2015/1823 is repealed.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 15 March 2016.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 301, 12.11.2008, p. 33.

      (2)  Political and Security Committee Decision (CFSP) 2015/1823 of 6 October 2015 on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decisions (CFSP) 2015/607 and (CFSP) 2015/1750 (ATALANTA/6/2015) (OJ L 265, 10.10.2015, p. 10).


title: Council Decision 2005/199/CFSP of 31 January 2005 concerning the conclusion of the Agreement between the European Union and the Republic of Albania on the participation of the Republic of Albania in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea)

text:
               11.3.2005

               EN

               Official Journal of the European Union

               L 65/34

         COUNCIL DECISION 2005/199/CFSP
   of 31 January 2005
   concerning the conclusion of the Agreement between the European Union and the Republic of Albania on the participation of the Republic of Albania in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 12 July 2004, the Council adopted Joint Action 2004/570/CFSP on the European Union military operation in Bosnia and Herzegovina (1).

               (2)

               Article 11(3) of that Joint Action provides that detailed arrangements regarding the participation of third States are to be the subject of an agreement in accordance with Article 24 of the Treaty on European Union.

               (3)

               Following authorisation by the Council on 13 September 2004, the Presidency, assisted by the Secretary-General/High Representative, negotiated an Agreement between the European Union and the Republic of Albania on the participation of the Republic of Albania in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea).

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Republic of Albania on the participation of the Republic of Albania in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA) is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 31 January 2005.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 252, 28.7.2004, p. 10.
   AGREEMENT
   between the European Union and the Republic of Albania on the participation of the Republic of Albania in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea)
   THE EUROPEAN UNION (EU),
   of the one part, and
   THE REPUBLIC OF ALBANIA
   of the other part,
   hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:

               —

               the adoption by the Council of the European Union of Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1),

               —

               the invitation to the Republic of Albania to participate in the EU-led operation,

               —

               the successful completion of the Force Generation process and the recommendation by the EU Operation Commander and the EU Military Committee to agree on the participation of the Republic of Albania 's forces in the EU-led operation,

               —

               Political and Security Committee Decision BiH/3/2004 of 29 September 2004 on the setting-up of the Committee of Contributors for the European Union military operation in Bosnia and Herzegovina (2),

               —

               Political and Security Committee Decision BiH/5/2004 of 3 November 2004 amending Decision BiH/1/2004 on the acceptance of third States' contributions to the European Union military operation in Bosnia and Herzegovina and Decision BiH/3/2004 on the setting-up of the Committee of Contributors for the European Union military operation in Bosnia and Herzegovina,

         HAVE AGREED AS FOLLOWS:
   Article 1
   Participation in the operation
   1.   The Republic of Albania shall associate itself with Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina and with any Joint Action or Decision by which the Council of the European Union decides to extend the EU military crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The contribution of the Republic of Albania to the EU military crisis management operation is without prejudice to the decision-making autonomy of the European Union.
   3.   The Republic of Albania shall ensure that its forces and personnel participating in the EU military crisis management operation undertake their mission in conformity with:

               —

               Joint Action 2004/570/CFSP and possible subsequent amendments,

               —

               the Operation Plan,

               —

               implementing measures.

         4.   Forces and personnel seconded to the operation by the Republic of Albania shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.
   5.   The Republic of Albania shall inform the EU Operation Commander in due time of any change to its participation in the operation.
   Article 2
   Status of forces
   1.   The status of the forces and personnel contributed to the EU military crisis management operation by the Republic of Albania shall be governed by the provisions on the status of forces, if available, agreed between the European Union and the host country.
   2.   The status of the forces and personnel contributed to headquarters or command elements located outside Bosnia and Herzegovina shall be governed by arrangements between the headquarters and command elements concerned and the Republic of Albania.
   3.   Without prejudice to the provisions on the status of forces referred to in paragraph 1, the Republic of Albania shall exercise jurisdiction over its forces and personnel participating in the EU military crisis management operation.
   4.   The Republic of Albania shall be responsible for answering any claims linked to participation in the EU military crisis management operation, from or concerning any of its forces and personnel. The Republic of Albania shall be responsible for bringing any action, in particular legal or disciplinary, against any of its forces and personnel, in accordance with its laws and regulations.
   5.   The Republic of Albania undertakes to make a declaration as regards the waiver of claims against any State participating in the EU military crisis management operation, and to do so when signing this Agreement.
   6.   The European Union undertakes to ensure that Member States make a declaration as regards the waiver of claims, for the participation of the Republic of Albania in the EU military crisis management operation, and to do so when signing this Agreement.
   Article 3
   Classified information
   1.   The Republic of Albania shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council's security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 (3), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander.
   2.   Where the EU and the Republic of Albania have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of the EU military crisis management operation.
   Article 4
   Chain of command
   1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.
   2.   National authorities shall transfer the Operational and Tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his authority.
   3.   The Republic of Albania shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.
   4.   The EU Operation Commander may, following consultations with the Republic of Albania, at any time request the withdrawal of the Republic of Albania 's contribution.
   5.   A Senior Military Representative (SMR) shall be appointed by the Republic of Albania to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.
   Article 5
   Financial aspects
   1.   The Republic of Albania shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 1(1) of this Agreement, as well as in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications (4).
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Republic of Albania shall, when its liability has been established, pay compensation under the conditions foreseen in the provisions on status of forces, if available, as referred to in Article 2(1) of this Agreement.
   Article 6
   Arrangements to implement the Agreement
   Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary General of the Council of the European Union/High Representative for the Common Foreign and Security Policy and the appropriate authorities of the Republic of Albania.
   Article 7
   Non compliance
   Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.
   Article 8
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 9
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be provisionally applied from the date of signature.
   3.   This Agreement shall remain in force for the duration of the Republic of Albania's contribution to the operation.

      Done at Brussels, on 7 March 2005 in the English language in four copies.

            For the European Union

            For the Republic of Albania

      (1)  OJ L 252, 28.7.2004, p. 10.

      (2)  OJ L 325, 28.10.2004, p. 64. Decision as amended by Decision BiH/5/2004 (OJ L 357, 2.12.2004, p. 39).

      (3)  OJ L 101, 11.4.2001, p. 1. Decision as amended by Decision 2004/194/EC (OJ L 63, 28.2.2004, p. 48).

      (4)  OJ L 63, 28.2.2004, p. 68.
   DECLARATIONS
   referred to in Article 2(5) and (6) of the Agreement
   Declaration by the EU Member States:
   ‘The EU Member States applying EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina will endeavour, in so far as their internal legal systems so permit, to waive as far as possible claims against the Republic of Albania for injury, death of its personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel from the Republic of Albania in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by the Republic of Albania, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from the Republic of Albania using those assets.’

         Declaration by the Republic of Albania:
   ‘The Republic of Albania applying EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina will endeavour, in so far as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of their personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets.’


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31991D0158

91/158/EEC: Council Decision of 4 March 1991 concerning the conclusion of the Framework Agreement for cooperation between the European Economic Community and the Republic of Chile

Official Journal L 079 , 26/03/1991 P. 0001 - 0001

COUNCIL DECISION of 4 March 1991  concerning the conclusion of the Framework Agreement for cooperation between the European Economic Community and the Republic of Chile (91/158/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,   Having regard to the Treaty establishing the European Economic Community, and in particular Articles 113 and 235 thereof,   Having regard to the recommendation from the Commission,   Having regard to the opinion of the European Parliament(1),   Whereas the Community should approve, for the attainment of its aims in the sphere of external economic relations, the Framework Agreement for cooperation with the Republic of Chile,   HAS DECIDED AS FOLLOWS:  Article 1 The Framework Agreement for cooperation between the European Economic Community and the Republic of Chile is hereby approved on behalf of the Community.   The text of the Agreement is attached to this Decision.  Article 2 The President of the Council shall give the notification provided for in Article 21 of the Agreement(2).  Article 3 The Commission, assisted by representatives of the Member States, shall represent the Community in the joint committee set up by Article 17 of the Agreement.  Article 4 This Decision shall be published in the Official Journal of the European Communities. It shall take effect on the day of its publication.   Done at Brussels, 4 March 1991.   For the Council   The President   J. F. POOS (1) Opinion delivered on 18 February 1991 (not yet published in the Official Journal).  (2) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


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31991D0372

91/372/EEC, Euratom: Council Decision of 8 July 1991 appointing a member of the Economic and Social Committee

Official Journal L 202 , 25/07/1991 P. 0038 - 0038

COUNCIL DECISION  of 8 July 1991  appointing a member of the Economic and Social Committee  (91/372/EEC, Euratom)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 193 to 195 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,  Having regard to the Convention on certain Institutions common to the European Communities, and in particular Article 5 thereof,  Having regard to the Council Decision of 24 September 1990 appointing the members of the Economic and Social Committee for the period ending on 20 September 1994 (1),  Whereas a seat has become vacant on the above Committee following the resignation of Mr Elías Aparicio Bravo, notified to the Council on 7 May 1991;  Having regard to the nominations submitted by the permanent representation of Spain on 3 May 1991,  Having obtained the favourable opinion of the Commission of the European Communities,  HAS DECIDED AS FOLLOWS:  Sole Article  Mr José Isaias Rodriguez García-Cano is hereby appointed member of the Economic and Social Committee in place of Mr Elías Aparicio Bravo for the remainder of his term of office, which runs until 20 September 1994. Done at Brussels, 8 July  1991. For the Council  The President  W. KOK   (1) OJ No L 290, 23. 10. 1990, p. 13.


title: Decision (EU, Euratom) 2017/1746 of the European Parliament of 27 April 2017 on the closure of the accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy (Fusion for Energy) for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/366

         DECISION (EU, Euratom) 2017/1746 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on the closure of the accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy (Fusion for Energy) for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2015, together with the Joint Undertaking's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Joint Undertaking in respect of the implementation of the budget for the financial year 2015 (05875/2017 — C8-0085/2017),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (4), and in particular Article 5(3) thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5),

               —

               having regard to Rule 94 of and Annex IV to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A8-0108/2017),

               1.

               Approves the closure of the accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2015;

               2.

               Instructs its President to forward this decision to the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 473, 16.12.2016, p. 33.

      (2)  OJ C 473, 16.12.2016, p. 34.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 90, 30.3.2007, p. 58.

      (5)  OJ L 328, 7.12.2013, p. 42.


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32001D0544

2001/544/EC: Commission Decision of 26 June 2001 amending Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway (notified under document number C(2001) 1662)

Official Journal L 195 , 19/07/2001 P. 0050 - 0056

Commission Decisionof 26 June 2001amending Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway(notified under document number C(2001) 1662)(2001/544/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 2238/2000(2), and in particular Article 8 thereof,Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(3), and in particular Article 13 thereof,After consulting the Advisory Committee,Whereas:A. PREVIOUS PROCEDURE(1) On 31 August 1996, by means of two separate notices published in the Official Journal of the European Communities, the Commission announced the initiation of an anti-dumping proceeding(4) and an anti-subsidy proceeding(5) in respect of imports of farmed Atlantic salmon originating in Norway.(2) These proceedings resulted in anti-dumping and countervailing duties being imposed by Council Regulations (EC) No 1890/97(6) and (EC) No 1891/97(7) in September 1997, in order to eliminate the injurious effects of dumping and subsidisation.(3) In parallel to this, by Decision 97/634/EC(8), the Commission accepted undertakings from 190 Norwegian exporters and imports of farmed Atlantic salmon originating in Norway which were exported by these companies to the Community were exempted from the said anti-dumping and countervailing duties.(4) The form of the duties was later reviewed and Regulations (EC) No 1890/97 and (EC) No 1891/97 were replaced by Regulation (EC) No 772/1999(9).B. FAILURE TO COMPLY WITH THE UNDERTAKING(5) The undertakings offered by the Norwegian companies oblige them, inter alia, to export the product concerned to the Community at or above certain minimum price levels ("MIPs") laid down in the undertaking. These MIPs, which eliminate the injurious effects of dumping, are applicable to different "presentations" or categories of salmon (e.g. "gutted fish, head off", "gutted fish, head on" etc.).(6) The companies are also obliged to provide the Commission with regular and detailed information concerning their sales to the Community in a quarterly report of all sales transactions of farmed Atlantic salmon sold by them (or any of their related importers in the Community), to unrelated customers in the Community.(7) Without prejudice to its right to revoke the undertaking pursuant to Article 8(10) of Council Regulation (EC) No 384/96, the Commission performs on-the-spot verification visits at the premises of selected companies on a regular basis in order to determine the veracity and accuracy of the information provided in these quarterly reports. In this regard, visits were made in November 2000 to several exporters in Norway.(8) At one company visited, Haafa Fish AS (UT No 1/60, TARIC additional code 8302, "Haafa fisk AS"), it was found that for the first and third quarters of 2000 the net weighted average sales prices for "presentation f" (i.e. "whole fish fillets exceeding 300 g in weight") was significantly below the MIP fixed in clause C.3 of the undertaking. In addition the net weighted average sales price for "presentation b" (i.e. "gutted fish, head on") during the third quarter of 2000 was also well below the MIP stipulated in the undertaking.(9) Haafa Fish AS had also reported to the Commission several consignments of salmon apparently sold to a company in Denmark, however, the visit showed that Haafa Fish AS had prepared the invoices for these consignments on behalf of another Norwegian company which did not have an undertaking accepted by the Commission.(10) In respect of these transactions, it was found that Haafa Fish AS did not actually pay the supplier in Norway for the goods, nor did it receive payment for them from the company in the Community. It was stated that payment for these shipments was made instead by the Community importer direct to the supplier in Norway, with Haafa Fish AS receiving what was effectively a commission from the supplier.(11) It is considered that this type of business practice is incompatible with the obligations imposed by the undertaking since the benefit of the undertaking is only intended to cover exports made by Haafa Fish AS and not third parties from whom the Commission has not accepted an undertaking. In addition, Haafa Fish AS does not know how much was actually paid by the importer to the supplier and cannot therefore even be certain that the amount paid was at or above the MIP.(12) It follows that in submitting quarterly undertaking reports of "sales" to the Community which were not made by it, but by another exporter, and which did not necessarily reflect the real value of the underlying financial transactions, the company made false representations and misled the Commission with regard to its true function as the exporter capable of respecting the undertaking granted in its favour, and also as to the true nature and price level of certain sales, contrary to the requirements of the undertaking.(13) In view of this and the price violations set out in recital, the Commission concludes that a breach of the undertaking has occurred. Accordingly, acceptance of the undertaking offered by Haafa Fish AS should be withdrawn and definitive anti-dumping and countervailing duties imposed against it.(14) The company was informed of the essential facts and considerations on the basis of which it was intended to recommend the imposition of definitive antidumping and countervailing duties against it. It was also granted a period within which to request a hearing and to make representations, however, no comments were received within the time limit set.C. CHANGES OF NAME AND OWNERSHIP(15) One Norwegian exporter with an undertaking, Polar Seafood Norway AS (UT No 1/140, TARIC additional code 8247 ), advised the Commission that the group of companies to which it belonged had been reorganised that another company within the group, Polar Salmon AS, was now responsible for exports to the Community. The company therefore requested that its name be replaced by that of Polar Salmon AS on the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC.(16) Two other exporters, Hydro Seafood Norway AS (UT No 1/66, TARIC additional code 8159 ) and Hydro Seafood Rogaland AS (UT No 1/145, TARIC additional code 8256 ) advised the Commission that their ownership and names had changed, and requested that the list of companies from which undertakings are accepted be amended accordingly.(17) Having verified the nature of the requests, the Commission considers that they are all acceptable since the modifications do not entail any substantive changes which would affect the reassessment of dumping or subsidisation. Nor do these changes affect any of the considerations on which the acceptance of the undertaking was based.(18) Consequently, the names of Polar Seafood Norway, Hydro Seafood Norway AS and Hydro Seafood Rogaland AS should be changed to Polar Salmon AS, Marine Harvest Norway AS and Marine Harvest Rogaland AS respectively on the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC.D. CESSATION OF TRADING BY TWO NORWEGIAN COMPANIES(19) The Commission has also been advised that two Norwegian companies from which undertakings were accepted, Delfa Norge A/S (UT No 1/36, TARIC additional code 8134 ) and OK-Fish Kvalheim AS (UT No 1/134, TARIC additional code 8239 ) recently ceased trading and have either been wound up, or are in the process of being wound up. This information was received in the case of Delfa Norge A/S from the majority shareholder in the company and, in the case of OK-Fish Kvalheim AS, from the official liquidator. Accordingly, the names of these two companies should be deleted from the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC.E. VOLUNTARY WITHDRAWAL OF AN UNDERTAKING(20) Following changes in its trading patterns, Nova Sea AS (UT No 1/130, TARIC additional code 8235 ), advised the Commission that it wished to withdraw its undertaking. Accordingly, the name of this company should be deleted from the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC.(21) In view, however, of the voluntary nature of the withdrawal, the company was advised that it could, if it so wished (and subject to certain conditions), offer an undertaking again in the future as a new exporter in accordance with Article 2 of Regulation (EC) No 772/1999.F. AMENDMENT OF THE ANNEX TO DECISION 97/634/EC(22) In view of the above changes, the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC should be amended accordingly.(23) The Advisory Committee has been consulted on all of the above changes and has raised no objections.(24) For the sake of clarity, an updated version of the Annex to that Decision is published herewith, showing all the exporters whose undertakings are currently in force. In parallel to this Decision, the Council, by Regulation (EC) No 1469/2001(10) has also withdrawn the exemption from the anti-dumping and countervailing duties granted to Haafa Fish SA, Delfa Norge A/S, OK-Fish Kvalheim AS and Nova Sea AS and transferred the exemptions granted to Polar Seafood Norway AS, Hydro Seafood Norway AS and Hydro Seafood Rogaland AS to Polar Salmon AS, Marine Harvest Norway AS and Marine Harvest Rogaland AS respectively by amending the Annex to Regulation (EC) No 772/1999,HAS DECIDED AS FOLLOWS:Article 1The Annex to Decision 97/634/EC is replaced by the Annex hereto.Article 2This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 26 June 2001.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 257, 11.10.2000, p. 2.(3) OJ L 288, 21.10.1997, p. 1.(4) OJ C 253, 31.8.1996, p. 18.(5) OJ C 253, 31.8.1996, p. 20.(6) OJ L 267, 30.9.1997, p. 1.(7) OJ L 267, 30.9.1997, p. 19.(8) OJ L 267, 30.9.1997, p. 81. Decision as last amended by Decision 2000/744/EC, OJ L 301, 30.11.2000, p. 82.(9) OJ L 101, 16.4.1999, p. 1. Regulation as last amended by Regulation (EC) No 2606/2000, OJ L 301, 30.11.2000, p. 61.(10) See page 1 of this Official Journal.ANNEXLIST OF COMPANIES FROM WHICH UNDERTAKINGS ARE ACCEPTED>TABLE>


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E1994G0002

DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES No 2/94/SC of 10 January 1994 amending Article 3 (2) of the Agreement on a Standing Committee of the EFTA States

Official Journal L 085 , 30/03/1994 P. 0076 - 0076

DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES No 2/94/SC of 10 January 1994 amending Article 3 (2) of the Agreement on a Standing Committee of the EFTA States THE STANDING COMMITTEE OF THE EFTA STATES,Having regard to the Agreement on a Standing Committee of the EFTA States adjusted by the Protocol adjusting the Agreement on a Standing Committee of the EFTA States, hereinafter referred to as the Standing Committee Agreement, and in particular Article 11 thereof,HAS DECIDED AS FOLLOWS:Article 1 Article 3 (2) of the Standing Committee Agreement shall be replaced by the following:'2. The Standing Committee shall, unless otherwise agreed with the EC Commission, concurrently with the EC Commission prepare, as appropriate, reports, assessments or the like with regard to the EFTA States, in the cases which are directly related to the functions of the Standing Committee set out in Protocol 1 to this Agreement and which through the application of paragraph 5 of Protocol 1 to the EEA Agreement following from the acts referred to in the Annexes to that Agreement. Likewise, the Standing Committee shall prepare reports referred to in the said paragraph 5 in cases where these reports cover aspects relevant for the improvement of existing legislation or the development of new legislation. The Standing Committee shall consult, and exchange views with, the EC Commission during the preparation of their respective reports, copies of which are to be sent to the EEA Joint Committee.`Article 2 The amendment to the Standing Committee Agreement as hereby approved is submitted to the EFTA States for acceptance in accordance with Article 11 of the Standing Committee Agreement. It shall enter into force on 1 July 1994 or on the day all instruments of acceptance have been deposited by the EFTA States whichever day is the later.Article 3 This Decision shall be published in the EEA Section of, and the EEA Supplement to, the Official Journal of the European Communities.Done at Brussels, 10 January 1994For the Standing CommitteeThe ChairmanAntti SATULI


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32002D0148

2002/148/EC: Council Decision of 18 February 2002 concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement

Official Journal L 050 , 21/02/2002 P. 0064 - 0065

Council Decisionof 18 February 2002concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement(2002/148/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 300(2), second subparagraph, thereof,Having regard to the Internal Agreement on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement signed in Cotonou on 23 June 2000(1), as put into provisional application by Decision of the Representatives of the Governments of the Member States of 18 September 2000, and in particular Article 3 thereof,Having regard to the proposal from the Commission,Whereas:(1) The essential elements cited in Article 9 of the ACP-EC Partnership Agreement have been violated by the Government of Zimbabwe.(2) Consultations under Article 96 of the ACP-EC Partnership Agreement were held on 11 January 2002 with Zimbabwe, at which the Zimbabwean authorities explained their point of view and made specific commitments that are still insufficient as regards ending violence, the holding of free and fair presidential elections on 9 and 10 March 2002, in particular allowing access for international election observers and for the media.(3) Recent events in Zimbabwe's political development have been taken into consideration, as well as the fact that certain important measures concerning the essential elements of the ACP-EC Partnership Agreement have still not been adequately implemented. Restrictive legislation which has been recently adopted and the escalation of violence and intimidation of political opponents seriously undermine the freedom of expression, of association and of peaceful assembly in Zimbabwe,HAS DECIDED AS FOLLOWS:Article 1Consultations with the Republic of Zimbabwe under Article 96(2)(c) of the ACP-EC Partnership Agreement are hereby concluded.Article 2The measures specified in the annexed letter are hereby adopted as appropriate measures within the meaning of Article 96(2)(c) of the ACP-EC Partnership Agreement.These measures shall be revoked once conditions prevail which ensure respect for human rights, democratic principles and the rule of law.These measures shall apply for a period of twelve months. They shall be reviewed within six months.Article 3This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 18 February 2002.For the CouncilThe PresidentJ. Piqué i Camps(1) OJ L 317, 15.12.2000, p. 3.ANNEXBrussels, ...LETTER TO THE PRESIDENT OF ZIMBABWEThe European Union attaches the utmost importance to the provisions of Article 9 of the ACP-EC Partnership Agreement. As essential elements of the Partnership Agreement, respect for human rights, democratic institutions and the rule of law are the basis of our relations.Thus, the European Union on 29 October 2001 expressed its deep concern at the situation in Zimbabwe and decided to invite the authorities of Zimbabwe to hold consultations, with a view to assessing the situation in detail and remedying it.During these consultations, which took place in Brussels on 11 January 2002, the European Union reiterated its serious concern as regards politically motivated violence, freedom of the media, independence of the judiciary, end of illegal farm occupations and free and fair elections, and considered that significant progress remains to be achieved in these areas.The European Union was confident that free and fair presidential elections in March 2002 would put the country on the path of democracy, social peace and economic recovery in Zimbabwe. However, it notes that these expectations have not been fulfilled. Minimum internationally agreed conditions for free and fair elections are not being met.In the light of the above, the European Union has decided to conclude the consultations held under Article 96 of the ACP-EC Partnership Agreement. The Union has decided to take the following appropriate measures, within the meaning of Article 96(2)(c) of that Agreement:(a) The financing of budgetary support under Zimbabwe's 7th and 8th EDF National Indicative Programmes (NIP) is suspended.(b) Financial support for all projects is suspended except those in direct support of the population, in particular in the social sectors.(c) Financing shall be reoriented in direct support of the population, in particular in the social sectors, democratisation, respect for human rights and the rule of law.(d) The signature of the 9th EDF NIP is suspended.(e) Article 12 of Annex 2 to the ACP-EC Partnership Agreement is suspended in so far as required for the application of restrictive measures adopted on the basis of the Treaty establishing the European Community.(f) Contributions to operations of a humanitarian nature will not be affected.(g) Regional projects will be evaluated on a case by case basis.These measures will be revoked once conditions prevail which ensure respect for human rights, democratic principles and the rule of law.The European Union reserves the right to take additional restrictive measures.The European Union will closely follow developments in Zimbabwe and would once again like to emphasise its desire to pursue the dialogue with Zimbabwe, on the basis of the ACP-EC Partnership Agreement.Yours faithfully,For the CommissionFor the Council


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31985D0208

85/208/EEC: Commission Decision of 25 March 1985 amending Decision 80/686/EEC setting up an Advisory Committee on the Control and Reduction of Pollution Caused by Hydrocarbons Discharged at Sea

Official Journal L 089 , 29/03/1985 P. 0064 - 0064 Finnish special edition: Chapter 15 Volume 6 P. 0220  Spanish special edition: Chapter 15 Volume 5 P. 0140  Swedish special edition: Chapter 15 Volume 6 P. 0220  Portuguese special edition Chapter 15 Volume 5 P. 0140

*****COMMISSION  DECISION  of 25 March 1985  amending Decision 80/686/EEC setting up an Advisory Committee on the Control and Reduction of Pollution Caused by Hydrocarbons Discharged at Sea  (85/208/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the Council has adopted Decision 81/420/EEC of 19 May 1981 on the conclusion of the Protocol concerning cooperation in combating pollution of the Mediterranean Sea by oil and other harmful substances in cases of emergency (1) and Decision 84/358/EEC of 28 June 1984 concerning the conclusion of the Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances (2); whereas on several occasions Parliament and the Economic and Social Committee have expressed the wish that the Commission's activities as regards the control and reduction of pollution of the sea by oil should be extended to include harmful substance other than oil;  Whereas it is essential that the Commission should consult highly qualified experts on the subject in the Member States;  Whereas Commission Decision 80/686/EEC (3) should be amended so as to extend the terms of reference of the Advisory Committee to include other harmful substances,  HAS DECIDED AS FOLLOWS:  Article 1  In the title, in Articles 1 and 2 (1) and (2) of Decision 80/686/EEC, 'hydrocarbons discharged at sea' is replaced by 'oil and other harmful substances discharged at sea'.  Article 2  This Decision shall apply from 25 March 1985.  Done at Brussels, 25 March 1985.  For the Commission  S. CLINTON DAVIS  Member of the Commission  (1) OJ No L 162, 19. 6. 1981, p. 4.  (2) OJ No L 188, 16. 7. 1984, p. 7.  (3) OJ No L 188, 22. 7. 1980, p. 11.