title: 2004/618/EC: Council Decision of 11 August 2004 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Pakistan pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994

text:
               28.8.2004

               EN

               Official Journal of the European Union

               L 279/23

         COUNCIL DECISION
   of 11 August 2004
   on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Pakistan pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994
   (2004/618/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 26 June 2003, the Council authorised the Commission to open negotiations under Article XXVIII of the GATT 1994 with a view to modify certain concessions for rice. Accordingly, the Community notified the WTO on 2 July 2003 of its intention to modify certain concessions in EC Schedule CXL.

               (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 negotiated with the United States of America, having a principal supplying interest in products of HS code 1006 20 (husked rice) and substantial supplier interest in products of HS code 1006 30 (milled rice), Thailand, having a principal supplying interest in products of HS code 1006 30 (milled rice) and substantial supplier interest in products of HS code 1006 20 (husked rice) and India and Pakistan, each having a substantial supplier interest in products of HS code 1006 20 (husked rice).

               (4)

               In order to ensure that the Agreement may be fully applied by 1 September 2004 and pending the amendment of Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (1), the Commission should be authorised to adopt temporary derogations from that Regulation.

               (5)

               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 (2).

               (6)

               The Commission has successfully negotiated an Agreement in the form of an Exchange of Letters between the European Community and Pakistan. The Agreement should therefore be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and Pakistan pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994 is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   To the extent necessary to permit the full application of this Agreement by 1 September 2004, the Commission may derogate from Regulation (EC) No 1785/2003, in accordance with the procedure referred to in Article 3(2) of this Decision, until that Regulation is amended but at the latest until 30 June 2005.
   Article 3
   1.   The Commission shall be assisted by the Management Committee for Cereals instituted by Article 25 of Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (3).
   2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
   The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.
   3.   The Committee shall adopt its Rules of Procedure.
   Article 4
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community (4).

      Done at Brussels, 11 August 2004.

            For the Council

            The President

         B. BOT

      (1)  OJ L 270, 21.10.2003, p. 96.

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

      (3)  OJ L 270, 21.10.2003, p. 78.

      (4)  The date of entry into force of the agreement will be published in the Official Journal of the European Union.
   AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS
   between the European Community and Pakistan pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994
   Sir,
   Following negotiations between the European Community (EC) and Pakistan under Article XXVIII of GATT 1994 for the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the General Agreement on Tariffs and Trade 1994 (GATT 1994), the EC agrees to the conclusions as outlined below.
   Final import regime
   The tariff rate for husked rice (CN code 1006 20) shall be EUR 65/tonne.
   With respect to the import regime of husked rice (CN codes 1006 20 17 and 1006 20 98) of the varieties Kernel (Basmati), Basmati 370, Pusa Basmati and Super Basmati the EC's specific bound rate of duty shall be zero. To that purpose:

               —

               a Community control system based on DNA analysis at the border shall be created; Pakistan shall actively cooperate with the EC to set up such a control system and the EC shall provide the appropriate technical assistance in this matter,

               —

               it is understood that Basmati rice of the varieties described above is produced in certain geographical areas and that Pakistan will protect Basmati rice as a geographical indication. The EC would welcome an application for protection as a geographical indication of Basmati rice under Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1). The EC shall process any such application as expeditiously as possible. The EC shall provide any necessary technical assistance in this matter.

         Transitional arrangement
   As from 1 September 2004 and until the date of entry into force of the above-mentioned Community control system, the EC shall put in place a transitional regime with regard to husked rice (CN codes 1006 20 17 and 1006 20 98) of the varieties described above based on the following elements.
   The EC's autonomous applied rate of duty shall be zero. However, if market disturbance occurs, the EC will consult with Pakistan's competent authorities to agree an appropriate solution. If no agreement is reached, the EC reserves the right to revert to the bound rate of duty of EUR 65/tonne for husked rice (CN code 1006 20).
   General
   For the purposes of this agreement:

               —

               the EC shall establish separate tariff lines for Basmati rice of the varieties indicated in the agreements with India and Pakistan,

               —

               the competent Pakistani authorities shall continue to issue the authenticity certificates prior to the issuance of import licences, meaning that the current system of administration of the certificates of authenticity shall be maintained.

         The EC recognises that Pakistan has initial negotiating rights with respect to the concessions specified in the present letter.
   This Agreement shall be approved by the Parties in accordance with their own procedures.
   The provisions of this Agreement shall be applicable from 1 September 2004.
   I would be grateful if you could confirm the agreement of your Government to the above.
   Please accept, Sir, the assurance of my highest consideration.

      Hecho en Bruselas, el
      V Bruselu dne
      Udfærdiget i Bruxelles, den
      Geschehen zu Brüssel am
      Brüssel,
      Έγινε στις Βρυξέλλες, στις
      Done at Brussels,
      Fait à Bruxelles, le
      Fatto a Bruxelles, addiì
      Briselÿ,
      Priimta Briuselyje,
      Kelt Brüsszelben,
      Magÿmula fi Brussel,
      Gedaan te Brussel,
      Sporzÿdzono w Brukseli, dnia
      Feito em Bruxelas,
      V Bruseli
      V Bruslju,
      Tehty Brysselissä
      Utfärdat i Bryssel den

      Por la Comunidad Europea
      Za Evropské společenstvί
      For Det Europæiske Fællesskab
      Für die Europäische Gemeinschaft
      Euroopa Ühenduse nimel
      Για την Ευρωπαϊκή Κοινότητα
      For the European Community
      Pour la Communauté européenne
      Per la Comunità europea
      Eiropas Kopienas vārdā
      Europos bendrijos vardu
      az Európai Közösség részéről
      Għall-Komunità Ewropea
      Voor de Europese Gemeenschap
      W imieniu Wspólnoty Europejskiej
      Pela Comunidade Europeia
      Za Európske spoločenstvo
      za Evropsko skupnost
      Euroopan yhteisön puolesta
      På Europeiska gemenskapens vägnar

   Sir,
   I have the honour to acknowledge receipt of your letter of today's date, worded as follows:
   ‘Following negotiations between the European Community (EC) and Pakistan under Article XXVIII of GATT 1994 for the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the General Agreement on Tariffs and Trade 1994 (GATT 1994), the EC agrees to the conclusions as outlined below.
   Final Import regime
   The tariff rate for husked rice (CN code 1006 20) shall be EUR 65/tonne.
   With respect to the import regime of husked rice (CN codes 1006 20 17 and 1006 20 98) of the varieties Kernel (Basmati), Basmati 370, Pusa Basmati and Super Basmati the EC's specific bound rate of duty shall be zero. To that purpose:

               —

               a Community control system based on DNA analysis at the border shall be created; Pakistan shall actively cooperate with the EC to set up such a control system and the EC shall provide the appropriate technical assistance in this matter,

               —

               it is understood that Basmati rice of the varieties described above is produced in certain geographical areas and that Pakistan will protect Basmati rice as a geographical indication. The EC would welcome an application for protection as a geographical indication of Basmati rice under Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2). The EC shall process any such application as expeditiously as possible. The EC shall provide any necessary technical assistance in this matter.

         Transitional arrangement
   As from 1 September 2004 and until the date of entry into force of the above-mentioned Community control system, the EC shall put in place a transitional regime with regard to husked rice (CN codes 1006 20 17 and 1006 20 98) of the varieties described above based on the following elements.
   The EC's autonomous applied rate of duty shall be zero. However, if market disturbance occurs, the EC will consult with Pakistan's competent authorities to agree an appropriate solution. If no agreement is reached, the EC reserves the right to revert to the bound rate of duty of EUR 65/tonne for husked rice (CN code 1006 20).
   General
   For the purposes of this agreement:

               —

               the EC shall establish separate tariff lines for Basmati rice of the varieties indicated in the agreements with India and Pakistan,

               —

               the competent Pakistani authorities shall continue to issue the authenticity certificates prior to the issuance of import licences, meaning that the current system of administration of the certificates of authenticity shall be maintained.

         The EC recognises that Pakistan has initial negotiating rights with respect to the concessions specified in the present letter.
   This Agreement shall be approved by the Parties in accordance with their own procedures.
   The provisions of this Agreement shall be applicable from 1 September 2004.
   I would be grateful if you could confirm the agreement of your Government to the above.’
   Pakistan has the honour of confirming its agreement with the contents of this letter.
   Please accept, Sir, the assurance of my highest consideration.

      Done at Brussels,
      Hecho en Bruselas, el
      V Bruselu dne
      Udfærdiget i Bruxelles, den
      Geschehen zu Brüssel am
      Brüssel,
      Έγινε στις Βρυξέλλες, στις
      Fait à Bruxelles, le
      Fatto a Bruxelles, addiì
      Briselÿ,
      Priimta Briuselyje,
      Kelt Brüsszelben,
      Magÿmula fi Brussel,
      Gedaan te Brussel,
      Sporzÿdzono w Brukseli, dnia
      Feito em Bruxelas,
      V Bruseli
      V Bruslju,
      Tehty Brysselissä
      Utfärdat i Bryssel den

      On behalf of Pakistan
      En nombre de Pakistán
      Za Pákistán
      På Pakistans vegne
      Im Namen Pakistans
      Pakistani nimel
      Εξ ονόματος του Πακιστάν
      Au nom du Pakistan
      Per il Pakistan
      Pakistānas vārdā
      Pakistano vardu
      Pakisztán nevében
      Għan-nom tal-Pakistan
      Namens Pakistan
      W imieniu Pakistanu
      Pelo Paquistão
      V mene Pakistanu
      V imenu Pakistana
      Pakistanin puolesta
      På Pakistans vägnar

      (1)  OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

      (2)  OJ L 208, 24.7.1992, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).


Avis juridique important

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32002D0115

2002/115/EC,Euratom: Council Decision of 21 January 2002 appointing a Netherlands member of the Economic and Social Committee

Official Journal L 043 , 14/02/2002 P. 0020 - 0020

Council Decisionof 21 January 2002appointing a Netherlands member of the Economic and Social Committee(2002/115/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 258 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 166 thereof,Having regard to the Council Decision of 15 September 1998 appointing the members of the Economic and Social Committee for the period from 21 September 1998 to 20 September 2002(1),Whereas a member's seat on that Committee has fallen vacant following the resignation of Mr J. J. van DIJK, of which the Council was informed on 15 October 2001;Having regard to the nominations submitted by the Netherlands Government,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole ArticleMr E. van VELSEN is hereby appointed a member of the Economic and Social Committee in place of Mr J. J. van DIJK for the remainder of the latter's term of office, which runs until 20 September 2002.Done at Brussels, 21 January 2002.For the CouncilThe PresidentM. Arias Cañete(1) OJ L 257, 19.9.1998, p. 37.


title: Council Decision (EU) 2016/123 of 26 October 2015 on the signing, on behalf of the European Union, and provisional application of the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part

text:
               4.2.2016

               EN

               Official Journal of the European Union

               L 29/1

         COUNCIL DECISION (EU) 2016/123
   of 26 October 2015
   on the signing, on behalf of the European Union, and provisional application of the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 37 and Article 31(1) thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2) and Articles 207 and 209, in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof,
   Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
   Whereas:

               (1)

               On 13 April 2011, the Council authorised the Commission to open negotiations with the Republic of Kazakhstan on an Enhanced Partnership and Cooperation Agreement (‘the Agreement’).

               (2)

               Negotiations on the Agreement were successful and the Agreement was initialled on 20 January 2015.

               (3)

               Article 281 of the Agreement provides for the provisional application in whole or in part of the Agreement before its entry into force.

               (4)

               The Agreement should be signed on behalf of the Union and applied in part on a provisional basis, pending the completion of the procedures for its conclusion.

               (5)

               The signing of the Agreement on behalf of the Union and the provisional application of parts of the Agreement between the Union and the Republic of Kazakhstan is without prejudice to the allocation of competences between the Union and its Member States in accordance with the Treaties,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The signing on behalf of the Union of the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part, is hereby authorised, subject to the conclusion of the said Agreement.
   2.   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   1.   Pending its entry into force, in accordance with Article 281 of the Agreement and subject to the notifications provided for therein, the following parts of the Agreement shall be applied provisionally between the Union and the Republic of Kazakhstan, but only to the extent that they cover matters falling within the Union's competence, including matters falling within the Union's competence to define and implement a common foreign and security policy:

               (a)

               Title I;

               (b)

               Title II: Articles 4, 5, 9 and 10;

               (c)

               Title III (with the exception of Articles 56 and 58, Article 62 to the extent that it concerns criminal enforcement of intellectual property rights, and Article 147).
               The provisional application of Article 141 shall not affect the sovereign rights of the Member States over their hydrocarbon resources in accordance with international law, including their rights and obligations as Parties to the 1982 United Nations Convention on the Law of the Sea.

               (d)

               Title IV: Chapters 5, 6 and 7 (with the exception of point (c) of Article 210 and points (b), (f), (g), (h) and (i) of Article 212), and Chapters 12 and 15;

               (e)

               Title V: Article 235 and Article 238 (with the exception of paragraphs 2 and 3);

               (f)

               Title VI: Chapters 5 and 9;

               (g)

               Title VII;

               (h)

               Title VIII (to the extent that the provisions of that Title are limited to the purpose of ensuring the provisional application of the Agreement);

               (i)

               Title IX (with the exception of Article 281(7), to the extent that the provisions of that Title are limited to the purpose of ensuring the provisional application of the Agreement in accordance with this Article);

               (j)

               Annexes I to VII as well as Protocol on Mutual Administrative Assistance in Customs Matters.

         2.   The date from which the Agreement is to be provisionally applied shall be published in the Official Journal of the European Union by the General Secretariat of the Council.
   Article 4
   This Decision shall enter into force on the day following that of its adoption.

      Done at Luxembourg, 26 October 2015.

            For the Council

            The President

         F. MOGHERINI


Avis juridique important

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31983D0650

83/650/EEC: Council Decision of 19 December 1983 on a financial contribution to the Foot-and-Mouth Disease Institute in Ankara

Official Journal L 370 , 31/12/1983 P. 0060 - 0061 Spanish special edition: Chapter 03 Volume 29 P. 0205  Portuguese special edition Chapter 03 Volume 29 P. 0205

*****COUNCIL  DECISION  of 19 December 1983  on a financial contribution to the Foot-and-Mouth Disease Institute in Ankara  (83/650/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas the Community should take all appropriate measures to ensure its protection against the risk of exotic strains of foot-and-mouth virus appearing on its territory, particularly as its livestock is not immunized by vaccination against these viruses;  Whereas to this end the Community has undertaken, and continues to undertake, action designed to keep outbreaks of this type of disease far from its frontiers by helping countries affected to strengthen their preventive measures; whereas, for this purpose, substantial Community subsidies have already been granted to the countries of south-east Europe through the FAO;  Whereas these measures have unquestionably made an effective contribution to the protection of Community livestock, especially through the establishment and maintenance of butter vaccination zones in Turkish Thrace;  Whereas, however, the measures implemented hitherto must be reinforced in order to improve the campaign against foot-and-mouth disease;  Whereas, in order to achieve this aim, substantial work has been undertaken at the Foot-and-Mouth Disease Institute in Ankara in order to increase significantly the production of vaccine by that Institute;  Whereas this work must be approved as it will enable Turkey to intensify its campaign against foot-and-mouth disease, having regard in particular to the undertaking given by that country to ensure the maintenance of the buffer vaccine zone against this disease in Turkish Thrace;  Whereas, by Decision 75/776/EEC (2) the Community has already made an initial financial contribution to the Foot-and-Mouth Disease Institute in Ankara;  Whereas the Turkish authorities have again asked the Community to contribute to the Ankara Institute; whereas a favourable reply should be given to this request;  Whereas a technical collaboration agreement has been concluded between the Ankara Institute and an animal health institute in a Member State;  Whereas the Standing Veterinary Committee should be kept regularly informed of progress on the project as a whole,  HAS DECIDED AS FOLLOWS:  Article 1  1. The Community shall make a financial contribution to a project at the Foot-and-Mouth Disease Institute in Ankara, during the 1983, 1984 and 1985 financial years.  2. The financial contribution referred to in paragraph 1 shall be for the financing of:  - new equipment for the Ankara Institute,  - technical assistance and training courses for Turkish staff in the Community.  3. The financial contribution referred to in paragraph 1 shall be made by the Commission, up to the amount of appropriations set aside for the purpose in the general budget of the European Communities, after production by the Turkish authorities of official supporting documents.  Article 2  The Commission shall be responsible for monitoring the use made of the financial contribution referred to in Article 1. It shall report to the Council and the European Parliament on the implementation of this Decision.  At least once a year it shall also inform the Standing Veterinary Committee of progress on the project.  Done at Brussels, 19 December 1983.  For the Council  The President  C. SIMITIS  (1) OJ No C 342, 19. 12. 1983, p. 118.  (2) OJ No L 326, 18. 12. 1975, p. 16.


Avis juridique important

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31987D0327

87/327/EEC: Council Decision of 15 June 1987 adopting the European Community Action Scheme for the Mobility of University Students (Erasmus)

Official Journal L 166 , 25/06/1987 P. 0020 - 0024

*****COUNCIL  DECISION  of 15 June 1987  adopting the European Community Action Scheme for the Mobility of University Students (ERASMUS)  (87/327/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 128 and 235 thereof,  Having regard to Council Decision 63/266/EEC of 2 April 1963 laying down general principles for implementing a common vocational training policy (1),  Having regard to the proposal from the Commission (2),  Having regard to the opinion of the European Parliament (3),  Having regard to the opinion of the Economic and Social Committee (4),  Whereas the fundamental objectives of the common vocational training policy set down in the second principle of Decision 63/266/EEC aim in particular at enabling every person to reach the highest possible level of vocational training which is necessary for his professional activity, and refer also to broadening vocational training to meet requirements arising from technical progress, linking the different forms of vocational training to social and economic developments;  Whereas on the basis of the sixth principle of that Decision it is the Commission's responsibility to encourage direct exchanges of vocational training specialists in order to enable them to acquaint themselves with and study the achievements and new developments in the other countries of the Community;  Whereas the action programme in the field of education contained in the resolution of the Council and Ministers of Education, meeting within the Council, of 9 February 1976 (5) enable the Commission to implement initial measures for the promotion of university cooperation in the Community;  Whereas the Council and Ministers of Education meeting within the Council confirmed on 3 June 1985 the importance which they attached to promoting an intensification of inter-university cooperation in the Community and noted with satisfaction the Commission's intention to submit proposals in this regard before the end of 1985;  Whereas the Council has adopted measures with a view to strengthening technological cooperation at Community level and providing the necessary human resources for this purpose, notably through the programme on cooperation between universities and enterprises regarding training in the field of technology (COMETT) (6);  Whereas the European Parliament on 13 March 1984 adopted a resolution on higher education and the development of cooperation between higher education establishments (7);  Whereas the European Parliament on 14 March 1984 adopted a resolution on the academic recognition of diplomas and of periods of study (8);  Whereas the European Council, at its meeting on 28 and 29 June 1985, approved the report of the ad hoc Committee on a People's Europe and mandated the Council and the Commission, acting within their respective powers, to ensure the implementation of the proposals contained therein;  Whereas the Commission, in following up the People's Europe initiative of the European Council, has attached the highest priority to university cooperation;  Whereas, in following up the European Council meeting in June 1984, the Commission has drawn up a proposal for a Council Directive on a general system for the recognition of higher education diplomas awarded on completion of vocational courses of at least three years' duration (1);  Whereas the further development of the Community depends to a large extent on its being able to draw on a large number of graduates who have had direct experience of studying and living in another Member State;  Whereas the competitiveness of the Community in world markets depends on ensuring that the entire intellectual resources of the universities in the Member States are harnessed to provide top quality levels of training for the benefit of the Community as a whole;  Whereas the intellectual potential of the individual universities throughout the Community could be much more effectively exploited by providing a network for increasing student and university teacher mobility and other forms of inter-university cooperation throughout the Community;  Whereas the Conference on Higher Education Cooperation in the European Community, convened by the Commission at the initiative of the European Parliament from 27 to 29 November 1985, called for urgent and comprehensive action to boost support for university cooperation, and in particular the mobility of students in the Community;  Whereas the 10 years of pilot Community funding have generated a significant body of relevant experience in the field of practical cooperation between universities, thereby providing the basis for the measures set out in this Decision;  Whereas the commitment entered into at Community level as regards the stimulation of student mobility also involves the Member States, who are called upon to make their contribution to the effort which is necessary for the objectives of ERASMUS to be attained;  Whereas an increase in exchanges of university teaching staff between the Member States also contributes to the objectives set out above;  Whereas the ERASMUS programme supports and complements the measures by the Member States which were considered by the Council and the Ministers of Education meeting within the Council on 2 June 1983 as being necessary for the promotion of mobility in the field of higher education; whereas it is necessary, for the achievement of the objectives of the ERASMUS programme and for going beyond those objectives, that Member States and institutions of higher education should reinforce their efforts to implement the joint conclusions identified by that meeting;  Whereas this action programme includes aspects relating to education which, at the present stage of development of Community law, may be regarded as falling outside the scope of the common vocational training policy as provided for in Article 128 of the Treaty; whereas these aspects of the programme can, together with the vocational training objectives to which they are closely linked, contribute to the harmonious development of economic activities throughout the Community; whereas to this extent the Treaty has not provided the necessary powers, and action for this purpose appears necessary to attain, in the course of the operation of the common market, one of the objectives of the Community,  HAS DECIDED AS FOLLOWS:  Article 1  1. This Decision hereby establishes the programme for the European Community Action Scheme for the Mobility of University Students (ERASMUS) in order to increase significantly such mobility in the Community and to promote greater cooperation between universities.  2. In the context of the ERASMUS programme, the term 'university' shall be used to cover all types of post-secondary education and training establishments which offer, where appropriate within the framework of advanced training, qualifications or diplomas of that level, whatever such establishments may be called in the Member States.  3. The ERASMUS programme shall be implemented from 1 July 1987.  Article 2  The objectives of the ERASMUS programme shall be as follows:  (i) to achieve a significant increase in the number of students from universities as defined in Article 1 (2) spending an integrated period of study in another Member State, in order that the Community may draw upon an adequate pool of manpower with first hand experience of economic and social aspects of other Member States, while ensuring equality of opportunity for male and female students as regards participation in such mobility;  (ii) to promote broad and intensive cooperation between universities in all Member States;  (iii) to harness the full intellectual potential of the universities in the Community by means of increased mobility of teaching staff, thereby improving the quality of the education and training provided by the universities with a view to securing the competitiveness of the Community in the world market;  (iv) to strengthen the interaction between citizens in different Member States with a view to consolidating the concept of a People's Europe;  (v) to ensure the development of a pool of graduates with direct experience of intra-Community cooperation, thereby creating the basis upon which intensified cooperation in the economic and social sectors can develop at Community level.  Article 3  1. The ERASMUS programme shall be implemented by the Commission in accordance with the Annex.  2. In performing this task, the Commission shall be assisted by a committee composed of two representatives per Member State, who shall be appointed by the Commission on the basis of proposals from the Member State concerned and at least one of whom shall be drawn from the academic community. Members of the committee may be assisted by experts or advisers. The committee shall be chaired by a representative of the Commission. The secretariat of the committee shall be provided by the Commission.  3. The Commission may consult the committee on all questions concerning the implementation of the programme. The Commission shall consult the committee in particular on:  - the general approach concerning the measures provided for by the programme,  - questions of general balance concerning the various types of actions and the exchanges between Member States.  4. In seeking the committee's views, the Commission may specify the deadlines by which these views shall be submitted.  5. The committee shall adopt its rules of procedure.  Article 4  The funds estimated as necessary for the execution of the ERASMUS programme during the period 1 July 1987 to 30 June 1990 amount to 85 million ECU.  Article 5  The Commission shall ensure coherence between the ERASMUS programme and the other actions already scheduled at Community level.  Article 6  An annual report on the functioning of the ERASMUS programme shall be submitted by the Commission to the European Parliament, the Council and to the Advisory Committee on Vocational Training and the Education Committee.  Article 7  Before 31 December 1989, the Commission shall submit a report to the European Parliament on the experience acquired in the application of the programme, as well as, if appropriate, a proposal to adapt it. The Council shall decide on this proposal by 30 June 1990 at the latest.  Done at Luxembourg, 15 June 1987.  For the Council  The President  P. DE KEERSMAEKER  (1) OJ No 63, 20. 4. 1963, p. 1338/63.  (2) OJ No C 73, 2. 4. 1986, p. 4.  (3) OJ No C 148, 16. 6. 1986, p. 124.  (4) OJ No C 189, 28. 7. 1986, p. 8.  (5) OJ No C 38, 19. 2. 1976, p. 1.  (6) OJ No L 222, 8. 8. 1986, p. 17.  (7) OJ No C 104, 16. 4. 1984, p. 50.  (8) OJ No C 104, 16. 4. 1984, p. 64.  (1) OJ No C 143, 10. 6. 1986, p. 7.  ANNEX  ACTION 1  Establishment and operation of a European university network  1. The Community will introduce a European network for university cooperation designed to stimulate Community-wide exchanges of students.  The European university network will be composed of those universities which, in the framework of the ERASMUS programme, have concluded agreements for exchanges of students and teachers with universities of other Member States and which recognize study periods thus accomplished outside the home university.  Each inter-university agreement will aim to give the students of one university the opportunity to undertake a fully recognized period of study in at least one other Member State, as an integral part of their diploma or academic qualification. These joint programmes may also include exchanges among teachers as well as cooperation among them in order to prepare the conditions necessary for the exchange of students and for the mutual recognition of periods of study accomplished abroad.  2. Priority will be given to programmes involving an integrated and fully recognized period of study in another Member State. For each joint programme, the participating universities will be able to receive annual support at an average rate of 10 000 ECU with a ceiling of 25 000 ECU; the amount granted will be calculated on the basis of an assessment of the detalied estimate submitted by the universities concerned.  3. The Community will also provide support for teaching staff and university administrators to visit other Member States, to enable them to prepare programmes of integrated study with universities of these Member States, and to exchange experience on the latest developments in their area of expertise.  4. Support will be provided to encourage greater mobility of teaching staff in the Community so as to assist in the development of integrated courses and to enable teaching staff to teach in the universities of the different Member States, within the framework of the European network.  ACTION 2  ERASMUS student grants scheme  1. The Community will introduce a scheme for the direct financial support of students at universities as defined in Article 1 (2) carrying out a period of study in another Member State. In determining the fair balance of grants available under Actions 1 and 2, the Community will have regard to the number of students to be exchanged within the European university network as it develops and will assume an average student grant of 2 000 ECU per year.  2. The Community grants will be administered through the competent authorities in Member States. Having regard to the need to ensure a balanced participation of all Member States in the ERASMUS programme and having regard to the development of the European university network, the allocation of the amount to each Member State will be based on the total number of students at universities as defined in Article 1 (2), as well as on the total number of 18 to 25 year-olds in each Member State.  3. The competent authorities in Member States will issue grants up to a maximum of 5 000 ECU to each student, on the basis of a stay of one year, subject to the following conditions:  (a) the grants will support mobility costs, that is travel costs, foreign language preparation as necessary and higher cost of living in the host country (including, where appropriate, the extra cost of living away from the student's home country);  (b) priority will be given to students on courses which are part of the European university network under Action 1, but grants may also be provided for students or groups of students on courses for which special arrangements are made outside the network in another Member State;  (c) grants will only be awarded in cases where the period of study to be spent in another Member State will be granted full recognition by the student's home university; (d) no tuition fees will be charged by the host university and, where appropriate, grant holders will continue to pay tuition fees at their home university;  (e) grants will normally be awarded for periods of study in another Member State for a minimum of one term or semester and a maximum of one year. They will not normally be awarded for the first year of university study;  (f) maintenance grants available to a student in his own country will continue to be paid to ERASMUS students during their period of study at the host university.  ACTION 3  Measures to promote mobility through the academic recognition of diplomas and periods of study  The Community will undertake, through cooperation with the competent authorities in the Member States, the following actions in order to promote mobility through the academic recognition of diplomas and periods of study acquired in another Member State:  1. measures to promote the European Community Course Credit Transfer System (ECTS) on an experimental and voluntary basis in order to provide a means by which students undergoing or having completed higher education and training may receive credit for such training carried out at universities in other Member States. A limited number of grants of up to 20 000 ECU per year will be awarded to the universities participating in the pilot system;  2. further development of the European Community Network of National Academic Recognition Information Centres; grants of up to 20 000 ECU per year will be awarded to the centres to facilitate exchange of information, in particular by means of a computerized system for data exchange;  3. measures to promote, on a voluntary basis, joint curriculum development between universities in different Member States as a means of facilitating academic recognition and of contributing by means of an exchange of experience and expertise to the process of innovation and improvement of courses on a Community-wide basis. Grants of up to 20 000 ECU per year will be awarded to each project involved.  ACTION 4  Complementary measures to promote student mobility in the Community  1. Grants of 20 000 ECU will be awarded to universities organizing intensive programmes of short duration, involving students from several Member States. In addition, grants will be provided to enable top-level experts to conduct a series of specialized lectures in several different Member States.  2. To provide informational support for ERASMUS and to increase mutual awareness of university systems in the Community, ERASMUS will provide for:  - support to university associations and consortia acting on a European basis, in particular with a view to making innovative initiatives in specific fields better known throughout the Community,  - publications designed to enhance awareness of study and teaching opportunities in the other Member States, to draw attention to important developments and innovative models for university cooperation throughout the Community;  - ERASMUS prizes to be awarded to students and staff members who have made an outstanding contribution to the development of inter-university cooperation within the Community.  3. After the first year, the cost of measures under Actions 3 and 4 will not exceed 10 % of the annual appropriation for the ERASMUS programme.


Avis juridique important

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32002D0639

2002/639/EC: Council Decision of 12 July 2002 providing supplementary macro-financial assistance to Ukraine

Official Journal L 209 , 06/08/2002 P. 0022 - 0023

Council Decisionof 12 July 2002providing supplementary macro-financial assistance to Ukraine(2002/639/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The Commission consulted the Economic and Financial Committee before submitting its proposal.(2) Ukraine is undertaking fundamental political and economic reforms and is making substantial efforts to implement a market economy model.(3) Ukraine, of the one part, and the European Community and its Member States, of the other part, have concluded a Partnership and Cooperation Agreement which will help the development of a full cooperation relationship.(4) The Chernobyl nuclear power plant was closed down in December 2000, in line with what was agreed by the Ukrainian authorities, the Group of Seven countries and the European Union in a Memorandum of Understanding signed on 21 December 1995.(5) In September 1998, the International Monetary Fund (IMF) approved an "extended fund facility" (EFF) for Ukraine of approximately USD 2,3 billion, later increased to approximately USD 2,6 billion, in support of an economic programme for the period July 1998 to June 2001. In December 2000, the IMF extended the duration of this financial arrangement to August 2002. Since 1998 the World Bank has provided substantial support for Ukraine's reform efforts, including through the approval in September 1998 of a USD 300 million Financial Sector Adjustment Loan (FSAL). The World Bank is expected to continue providing substantial financial assistance to Ukraine in the coming years, including through the approval of a number of adjustment loans.(6) In July 2001 the Members of the Paris Club agreed on a rescheduling of Ukraine's debts.(7) By Decisions 94/940/EC(3), 95/442/EC(4) and 98/592/EC(5) the Council approved macro-financial assistance for Ukraine of up to a total amount of EUR 435 million to support previous macroeconomic programmes.(8) The circumstances that justified the provision of macro-financial assistance to Ukraine pursuant to Decision 98/592/EC have changed and this Decision, including any undisbursed amounts of assistance, should now be replaced.(9) However, additional official support from the Community is required in the context of the present programme to support the balance of payments, consolidate the reserve position and facilitate the necessary structural adjustment of the country.(10) The Community loan should be managed by the Commission.(11) The Treaty does not provide, for the adoption of this Decision, powers other than those of Article 308,HAS DECIDED AS FOLLOWS:Article 11. The Community shall make available to Ukraine a long-term loan facility of a maximum principal amount of EUR 110 million with a maximum maturity of 15 years, with a view to ensuring a sustainable balance-of-payments situation, strengthening the country's reserve position and facilitating the implementation of the necessary structural reforms.2. To this end, the Commission is empowered to borrow, on behalf of the European Community, the necessary resources that will be placed at the disposal of Ukraine in the form of a loan.3. This loan will be managed by the Commission in close consultation with the Economic and Financial Committee and in a manner consistent with any agreement reached between the IMF and Ukraine.Article 21. The Commission shall be empowered to agree with the Ukrainian authorities, after consulting the Economic and Financial Committee, the economic policy conditions attached to the loan. These conditions shall be consistent with the agreements referred to in Article 1(3).2. The Commission shall verify at regular intervals, in collaboration with the Economic and Financial Committee and in close coordination with the IMF, that the economic policy in Ukraine is in accordance with the objectives of this loan and that its conditions are being fulfilled.Article 31. The loan shall be made available to Ukraine in at least two instalments. Subject to Article 2, the first instalment shall be released on the basis of a satisfactory track record of Ukraine's macroeconomic programme agreed with the IMF in the context of the present EFF or of a successor upper credit tranche arrangement.2. Subject to Article 2, the later instalment(s) shall be released on the basis of a satisfactory continuation of the arrangements referred to in paragraph 1 and not before a period of three months has elapsed after the release of the previous instalment.3. The funds shall be paid to the National Bank of Ukraine.Article 41. The borrowing and lending operations referred to in Article 1 shall be carried out using the same value date and must not involve the Community in the transformation of maturities, in any exchange or interest rate risk, or in any other commercial risk.2. The Commission shall take the necessary steps, if Ukraine so requests, to ensure that an early repayment clause is included in the loan terms and conditions and that it may be exercised.3. At the request of Ukraine, and where circumstances permit an improvement in the interest rate on the loans, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average maturity of the borrowing concerned or increasing the amount, expressed at the current exchange rate, of capital outstanding at the date of the refinancing or restructuring.4. All related costs incurred by the Community in concluding and carrying out the operation under this Decision shall be borne by Ukraine.5. The Economic and Financial Committee shall be kept informed of developments in the operations referred to in paragraphs 2 and 3 at least once a year.Article 5At least once a year, the Commission shall address to the European Parliament and to the Council a report, which will include an evaluation of the implementation of this Decision.Article 6Decision 98/592/EC is hereby repealed.Article 7This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 12 July 2002.For the CouncilThe PresidentT. Pedersen(1) OJ C 103 E, 30.4.2002, p. 366.(2) Opinion delivered on 15 May 2002 (not yet published in the Official Journal).(3) OJ L 366, 31.12.1994, p. 32.(4) OJ L 258, 28.10.1995, p. 63.(5) OJ L 284, 22.10.1998, p. 45.


title: 2012/521/EU: Decision of the Representatives of the Governments of the Member States of 20 September 2012 appointing a Judge to the Court of Justice

text:
               27.9.2012

               EN

               Official Journal of the European Union

               L 259/5

         DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
   of 20 September 2012
   appointing a Judge to the Court of Justice
   (2012/521/EU)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 19 thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 253 and 255 thereof,
   Whereas:

               (1)

               The terms of office of 14 Judges and four Advocates-General of the Court of Justice are due to expire on 6 October 2012. Therefore, for the period from 7 October 2012 to 6 October 2018, 14 Judges and four Advocates-General had to be appointed to the Court of Justice.

               (2)

               On 25 April 2012, by Decision 2012/244/EU (1), the Representatives of the Governments of the Member States appointed 11 Judges and three Advocates-General to the Court of Justice for the period from 7 October 2012 to 6 October 2018. On 20 June 2012, by Decision 2012/345/EU (2), the Representatives of the Governments of the Member States appointed two Judges and one Advocate-General to the Court of Justice for the same period.

               (3)

               To complete the partial replacement of the Judges and Advocates-General of the Court of Justice, the Representatives of the Governments of the Member States should appoint one further Judge to the post remaining to be filled.

               (4)

               Mr Anthony BORG BARTHET has been proposed for the vacant post of Judge of the Court of Justice.

               (5)

               The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Mr Anthony BORG BARTHET to perform the duties of Judge of the Court of Justice,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Mr Anthony BORG BARTHET is hereby appointed Judge to the Court of Justice for the period from 7 October 2012 to 6 October 2018.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 20 September 2012.

            The President

         K. KORNELIOU

      (1)  OJ L 121, 8.5.2012, p. 21.

      (2)  OJ L 169, 29.6.2012, p. 60.


title: 2005/230/EC: Political and Security Committee Decision Proxima/3/2005 of 4 March 2005 on the setting-up of the Committee of Contributors for the European Union Police Mission (EUPOL Proxima) in the former Yugoslav Republic of Macedonia (FYROM)

text:
               18.3.2005

               EN

               Official Journal of the European Union

               L 72/25

      POLITICAL AND SECURITY COMMITTEE DECISION PROXIMA/3/2005
   of 4 March 2005
   on the setting-up of the Committee of Contributors for the European Union Police Mission (EUPOL Proxima) in the former Yugoslav Republic of Macedonia (FYROM)
   (2005/230/EC)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 25(3), thereof,
   Having regard to the Council Joint Action 2004/789/CFSP of 22 November 2004 on the European Union Police Mission (EUPOL Proxima) in the former Yugoslav Republic of Macedonia (FYROM) (1), and in particular Article 9(7), thereof,
   Whereas:

               (1)

               Under Article 9(7) of Joint Action 2004/789/CFSP, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on the setting up of a Committee of Contributors for the European Union Police Mission (EUPOL Proxima) in the former Yugoslav Republic of Macedonia (FYROM).

               (2)

               The European Council Conclusions of Göteborg of 15 and 16 June 2001 established guiding principles and modalities for third States' contributions to police missions. The Council approved ‘Consultations and modalities for the contribution of non-EU States to EU civilian crisis management operations’ on 10 December 2002 (2) which further developed the arrangements for the participation of third States in civilian crisis management operations, including the setting-up of a Committee of Contributors.

               (3)

               The Committee of Contributors will play a key role in the day-to-day management of the mission; the Committee will be the main forum for discussing all problems relating to the day-to-day management of the mission; the Political and Security Committee, which exercises the political control and strategic direction of the mission, will take account of the views expressed by the Committee of Contributors,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Establishment
   A Committee of Contributors for the European Union Police Mission (EUPOL Proxima) in the former Yugoslav Republic of Macedonia (hereafter called ‘the CoC’) is hereby established.
   Article 2
   Functions
   1.   The CoC may express views, which will be taken into account by the Political and Security Committee, which exercises the political control and the strategic direction of the mission.
   2.   The terms of reference of the CoC are laid down in the ‘Consultations and Modalities for the Contribution of non-EU States to EU civilian crisis management operations’.
   Article 3
   Composition
   1.   All EU Member States are entitled to be present at the CoC's discussions but only contributing States will take part in the day-to-day management of the mission. Representatives of the third States participating in the mission may attend CoC meetings. A representative of the European Commission may also attend CoC meetings.
   2.   The CoC will receive regular information from the Police Head of Mission.
   Article 4
   Chair
   For this mission, in conformity with the abovementioned document on consultations and modalities, the CoC will be chaired by a representative of the Secretary-General/High Representative, in close consultation with the Presidency.
   Article 5
   Meetings
   1.   The CoC shall be convened by the Chair on a regular basis. Where circumstances require, emergency meetings may be convened on the Chair's initiative, or at the request of a representative of a participating state.
   2.   The Chair shall circulate in advance a provisional agenda and documents relating to the meeting. The Chairman shall be responsible for conveying the outcome of the Committee's discussions to the Political and Security Committee.
   Article 6
   Confidentiality
   1.   The Council Security Regulations shall apply to the meetings and proceedings of the CoC. In particular, representatives in the CoC shall possess adequate security clearance.
   2.   The deliberations of the CoC shall be covered by the obligation of professional secrecy.
   Article 7
   Entry into force
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 4 March 2005.

            For the Political and Security Committee

            The Chairperson

         P. DUHR

      (1)  OJ L 348, 24.11.2004, pp. 40 to 44. Joint Action amended by Joint Action 2005/142/PESC (OJ L 48, 19.2.2005, p. 45).

      (2)  15203/1/02 REV 1 of 13 December 2002.


title: 2011/475/EU: Council Decision of 22 July 2011 on the signing, on behalf of the Union, of the Voluntary Partnership Agreement between the European Union and the Republic of Liberia on forest law enforcement, governance and trade in timber products to the European Union

text:
               28.7.2011

               EN

               Official Journal of the European Union

               L 196/2

         COUNCIL DECISION
   of 22 July 2011
   on the signing, on behalf of the Union, of the Voluntary Partnership Agreement between the European Union and the Republic of Liberia on forest law enforcement, governance and trade in timber products to the European Union
   (2011/475/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(3), in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In May 2003, the Commission adopted a Communication to the Council and to the European Parliament entitled ‘Forest Law Enforcement, Governance and Trade (FLEGT): Proposal for an EU Action Plan’ which called for measures to address illegal logging by developing voluntary partnership agreements with timber-producing countries. Council conclusions on that Action Plan were adopted in October 2003 (1) and the European Parliament adopted a resolution on the subject on 11 July 2005 (2).

               (2)

               On 5 December 2005, the Council authorised the Commission to open negotiations on partnership agreements to implement the EU Action Plan for Forest Law Enforcement, Governance and Trade.

               (3)

               On 20 December 2005, the Council adopted Regulation (EC) No 2173/2005 (3), which established a FLEGT licensing scheme for imports of timber into the Union from countries with which the Union has concluded voluntary partnership agreements.

               (4)

               The negotiations with the Republic of Liberia have been completed and the Voluntary Partnership Agreement between the European Union and the Republic of Liberia on forest law enforcement, governance and trade in timber products to the European Union (hereinafter referred to as ‘the Agreement’) was initialled on 9 May 2011.

               (5)

               The Agreement should be signed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Voluntary Partnership Agreement between the European Union and the Republic of Liberia on forest law enforcement, governance and trade in timber products to the European Union (hereinafter referred to as ‘the Agreement’) is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (4).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 22 July 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ C 268, 7.11.2003, p. 1.

      (2)  OJ C 157 E, 6.7.2006, p. 482.

      (3)  OJ L 347, 30.12.2005, p. 1.

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