title: Council Decision (CFSP) 2015/2096 of 16 November 2015 on the position of the European Union relating to the Eighth Review Conference of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (BTWC)

text:
               20.11.2015

               EN

               Official Journal of the European Union

               L 303/13

         COUNCIL DECISION (CFSP) 2015/2096
   of 16 November 2015
   on the position of the European Union relating to the Eighth Review Conference of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (BTWC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 12 December 2003, the European Council adopted an EU Strategy against Proliferation of Weapons of Mass Destruction which aims, inter alia, at reinforcing the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (‘BTWC’), continuing reflection on the verification of the BTWC, supporting the universalisation and national implementation of the BTWC, including by means of criminal legislation, and strengthening compliance with it.

               (2)

               On 28 April 2004, the United Nations Security Council (‘UNSC’) unanimously adopted Resolution 1540 (2004) describing the proliferation of weapons of mass destruction and their means of delivery as a threat to international peace and security. Implementation of the provisions of that Resolution contributes to the implementation of the BTWC.

               (3)

               On 26 August 1988, the UNSC adopted Resolution 620 (1988) which, inter alia, encourages the Secretary-General to carry out promptly investigations in response to allegations concerning the possible use of chemical, bacteriological (biological) or toxin weapons that may constitute a violation of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (‘the 1925 Geneva Protocol’). On 20 September 2006, the General Assembly adopted the United Nations Global Counter-Terrorism Strategy, annexed to its Resolution 60/288 of 8 September 2006, in which the Member States of the United Nations (‘UN’) encourage the Secretary-General to update the roster of experts and laboratories, as well as the technical guidelines and procedures, available to him for the timely and efficient investigation of alleged use.

               (4)

               On 27 February 2006, the Council adopted Joint Action 2006/184/CFSP (1) in respect of the BTWC with the objectives of promoting the universality of the BTWC and supporting its implementation by States Parties in order to ensure that States Parties transpose the international obligations of the BTWC into their national legislation and administrative measures.

               (5)

               In parallel to Joint Action 2006/184/CFSP, the European Union adopted an Action Plan on biological and toxin weapons (2) in which the Member States undertook to submit confidence building measures (‘CBMs’) returns to the UN in April every year and lists of relevant experts and laboratories to the UN Secretary-General in order to facilitate any investigation of alleged use of chemical or biological weapons.

               (6)

               On 20 March 2006, the Council adopted Common Position 2006/242/CFSP (3) relating to the Sixth Review Conference of the BTWC.

               (7)

               On 10 November 2008, the Council adopted Joint Action 2008/858/CFSP (4) in respect of the BTWC with the objectives of promoting the universality of the BTWC, providing support for the implementation of the BTWC by the States Parties, promoting the submission of CBMs declarations by the States Parties, and providing support for the BTWC Intersessional Process.

               (8)

               On 18 July 2011, the Council adopted Decision 2011/429/CFSP (5) relating to the position of the Union for the Seventh Review Conference of the BTWC.

               (9)

               The Seventh Review Conference of the BTWC decided to renew the mandate of the Implementation Support Unit (‘ISU’) for another five-year term (2012-2016) and decided to expand its tasks to include implementing the decision to establish and administer the database for assistance requests and offers and facilitating the associated exchange of information among States Parties, as well as supporting, as appropriate, the implementation by States Parties of the decisions and recommendations of the Seventh Review Conference.

               (10)

               The Seventh Review Conference decided that the Eighth Review Conference will be held in Geneva not later than 2016 and should review the operation of the BTWC, taking into account, inter alia:

                           (i)

                           new scientific and technological developments relevant to the BTWC;

                           (ii)

                           progress made by States Parties on the implementation of the obligations under the BTWC;

                           (iii)

                           progress towards implementing the decisions and recommendations agreed upon at the Seventh Review Conference.

               (11)

               On 23 July 2012, the Council adopted Decision 2012/421/CFSP (6) in respect of the BTWC with the objectives of promoting the universality of the BTWC, providing support for the implementation of the BTWC by the States Parties, promoting the submission of CBMs declarations by the States Parties, and providing support for the BTWC Intersessional Process.

               (12)

               In light of the forthcoming BTWC Review Conference taking place from November to December 2016, it is appropriate to update the Union position,

         HAS ADOPTED THIS DECISION
   Article 1
   In the run up to and during the Eighth Review Conference of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons Convention and on Their Destruction (‘BTWC’), the Union shall work, in particular, to ensure that the States Parties address the following priorities:

               (a)

               building and sustaining confidence in compliance, by a range of specific measures described in this Decision;

               (b)

               supporting national implementation, including by engaging more with non-governmental stakeholders;

               (c)

               supporting the UN Secretary-General's Mechanism for investigation of alleged use of biological weapons and agents through further development of its operational capabilities as a means of strengthening Articles VI and VIII of the BTWC; and,

               (d)

               promoting the universality of the BTWC.

         The Union's objective is to review the operation of the BTWC and the 2012-2015 Intersessional Process, promote concrete actions and explore options to further strengthen the BTWC. In this regard, the Union shall put forward concrete proposals to the Eighth Review Conference in 2016 with a view to their adoption by that Conference.
   Article 2
   For the purposes of the objectives laid down in Article 1, the Union shall:

               (a)

               contribute to a full review of the operation of the BTWC at the Eighth Review Conference, including the implementation of undertakings of the States Parties under the BTWC, and the conduct of and outcomes from the 2012-2015 intersessional programme;

               (b)

               support a new substantive work programme that addresses the limitations of previous intersessional programmes during the period between the Eighth and Ninth Review Conferences through the adoption of enhanced arrangements for further progress under that work programme, with a view to strengthening the effectiveness of the BTWC;

               (c)

               support a Ninth Review Conference of the BTWC, to be held no later than 2021;

               (d)

               build consensus for a successful outcome of the Eighth Review Conference, on the basis of the framework established by previous Conferences, and promote, inter alia, the following key issues:

                           (i)

                           while recognising that there is no consensus regarding verification at this stage, that remains a central element of a complete and effective disarmament and non-proliferation regime, the Union is working towards identifying options that may contribute in a new intersessional programme and thereafter to an increase in confidence in compliance and to the effective implementation of the object and purpose of the BTWC; States Parties should be able to demonstrate compliance, inter alia, by means of interactive information exchanges (such as mandatory or voluntary declarations) and enhanced transparency about their capabilities, activities and actions, including voluntary and other onsite measures as agreed; proposals made during the 2012-2015 intersessional programme and the outcomes of the programme provide a basis for that work;

                           (ii)

                           supporting and strengthening, where necessary, national implementation measures, including administrative, judicial and criminal legislation, and control over pathogenic microorganisms and toxins in the framework of the BTWC; further action could be considered and decisions taken on ways and means to enhance national implementation: outreach to and engagement with non-governmental stakeholders on a national, regional and global level on their role in the promotion of the objectives of the BTWC and its implementation; continued support for adoption of appropriate standards on biosafety and biosecurity measures; awareness raising among relevant professionals in the private and public sectors; training and education programmes for those granted access to biological agents and toxins relevant to the BTWC; promotion of a culture of responsibility amongst relevant national professionals and the voluntary development, adoption and promulgation of codes of conduct; promoting compliance with obligations under UNSC Resolutions 1540 (2004) and 1673 (2006), where relevant to the elimination of the risk of biological or toxin weapons being acquired or used for terrorist purposes, including the risk of non-state actor access to materials, equipment, and knowledge that could be used in the development and production of biological and toxin weapons;

                           (iii)

                           universal adherence of all States to the BTWC, including by calling on all States not party to the BTWC to adhere thereto without further delay and to commit legally to disarmament with regard to, and non-proliferation of, biological and toxin weapons; and, pending adherence of such States to the BTWC, by encouraging such States to participate as observers in the meetings of the States Parties to the BTWC and to implement, on a voluntary basis, the provisions of the BTWC; and by recommending the adoption of an action plan on universalisation, coordinated by the ISU and evaluated during dedicated sessions at the intersessional meetings;

                           (iv)

                           working towards the ban on biological and toxin weapons being declared a universally binding rule of international law, including through universalisation of the BTWC;

                           (v)

                           efforts to enhance transparency and build confidence in compliance, including through necessary and achievable revisions to the current CBMs; the Union is willing to work on the enhancement of the CBMs by identifying measures to increase their direct relevance to the core objectives of transparency and the avoidance of suspicions and concerns; continue to support a voluntary peer review process as a valuable tool for increasing transparency between States Parties thereby enhancing confidence in compliance with the BTWC and strengthening national implementation through the sharing of best practices, raising stakeholder awareness of implementation requirements and increasing international cooperation in this field;

                           (vi)

                           strengthening operational capabilities of the UN Secretary-General's Mechanism for investigation of alleged use of chemical and biological weapons, including through expanding the cadre of trained experts, training, and the conduct of table-top and field exercises; work done separately can help further strengthen Article VI and indirectly Article VII of the BTWC;

                           (vii)

                           taking decisions on the provision of assistance and coordination in the context of Article VII of the BTWC with relevant organisations upon request by any State Party in the case of alleged use of biological or toxin weapons, including improving national capabilities for disease surveillance, detection and diagnosis and public health systems as the first line of defence;

                           (viii)

                           enhancing transparency about cooperation and assistance related to Article X of the BTWC and taking into account the mandates, work and the expertise of other international organisations; the Union will continue to support the concrete implementation of Article X of the BTWC through its various assistance programmes and is willing to continue elaboration of common understandings, which forms the basis for effective action with regard to cooperation for peaceful purposes in the framework of the BTWC; further action could be considered and decisions taken on the enhancement of international cooperation, assistance and exchange in biological sciences and technology for peaceful purposes, on promoting capacity building in the fields of disease surveillance, detection, diagnosis, and containment of infectious diseases; the Union will continue to support the operation of the current Cooperation and Assistance Database, and where appropriate, seek ways to enhance its utility; supporting, inter alia, the G7 Global Partnership programmes, relevant Union programmes and the goals of the Global Health Security Agenda targeted at support for implementation of the International Health Regulations and disarmament, control and security of sensitive materials, facilities, and expertise, as appropriate;

                           (ix)

                           supporting a process of more frequent and focused assessments of relevant scientific and technological developments, which may have implications for the BTWC; such a process could involve the incorporation of a standing science and technology advisory function in the ISU and a more substantive review process as a central element in a new intersessional work programme in order to cover relevant events and work conducted by international academies and the States Parties in a more integrated and coordinated fashion.

         Article 3
   In order to strengthen compliance, the Union shall promote increased relevance and comprehensiveness of CBM-forms by:

               (a)

               examining annual CBM-forms as the regular national declaration tool on implementation and compliance and developing them further with this objective in mind;

               (b)

               reducing to the largest extent possible remaining complexities of CBM-forms and removing potential ambiguities;

               (c)

               supporting the ISU to play more of a role in support of national points of contact in compiling their CBMs through regional seminars and training for electronic submission of CBM-forms;

               (d)

               working to increase the participation in, and the quality and comprehensiveness of CBMs, by expanding the functionality of the electronic CBM facility and making it, as well as the CBM guide, available in all UN official languages on the BTWC website.

         Article 4
   In addition to the objectives laid down in Article 1, the Union shall support the strengthening of the role of the ISU. In particular, the Union shall support:

               (a)

               the prolongation of the ISU's mandate for a further five years;

               (b)

               the inclusion of further activities in the mandate of the ISU to support the implementation of a revised and strengthened intersessional work programme, as proposed in Article 5 below;

               (c)

               the development of a more effective system to review scientific and technological developments and their impact on the BTWC by establishing, inter alia, a standing science and technology advisory and liaison function in the ISU;

               (d)

               the adoption of an action plan on universalisation to be coordinated by the ISU;

               (e)

               a role for the ISU in supporting States Parties' national points of contact in compiling and submitting CBM-forms as noted in Article 3;

               (f)

               an adequate expansion of the current ISU staff to meet the new objectives and carry out the activities referred to in this Article.

         Article 5
   In order to support the review and strengthening of the intersessional programme, the Union shall in particular:

               (a)

               support the following topics for a new intersessional programme, either as intersessional topics or through dedicated working groups, or both:

                           (i)

                           national implementation and compliance;

                           (ii)

                           further work on CBMs following the Eighth Review Conference;

                           (iii)

                           assistance and cooperation under Article VII of the BTWC;

                           (iv)

                           developments in science and technology;

                           (v)

                           review of the Consultative Committee procedure;

                           (vi)

                           universalisation as proposed in Article 6;

               (b)

               support the development of national regulatory frameworks on bio-safety and bio-security; although appropriate standards for bio-safety and bio-security for laboratories are not in any way a substitute for a compliance regime, the adoption and promotion of such standards can help individual States Parties in the long term with the implementation of their obligations under the BTWC; they could also be a useful tool, along with other measures, to help demonstrate compliance; discussion on this subject, including with relevant laboratories, biosafety-associations and industry, could be part of a new intersessional work programme;

               (c)

               support voluntary peer review exercises involving States Parties in the context of the BTWC; the objective of a peer review exercise is to improve national implementation and to provide reassurance on compliance by means of information exchanges and enhanced transparency regarding, for instance, capabilities, activities and actions for implementation and intentions towards compliance;

               (d)

               support the reinforcement of the decisional power of the Intersessional Process by exploring a range of options such as clearly defined decision-making powers for specific areas of work.

         Article 6
   In order to support the universality of the BTWC, the Union shall:

               (a)

               support the adoption of an action plan on universalisation, coordinated by the ISU, with concrete steps and activities; the action plan might include activities such as outreach events, joint demarches, translation of relevant documents, incentives such as information exchange on assistance offers; this action plan would be evaluated and, if necessary, modified at each Meeting of States Parties;

               (b)

               support the organisation of dedicated sessions or working group meetings on universalisation during the Intersessional Process in order to coordinate outreach activities between various actors and plan regional initiatives.

         Article 7
   The Union shall support efforts to strengthen the UN Secretary-General's Mechanism for investigation of alleged use of chemical and biological weapons, in particular, by ensuring the effectiveness of the provisions of the Mechanism and taking practical steps to this end, such as providing support for training programmes, including the hosting of exercises, and developing an analytical laboratory system.
   Article 8
   The Union shall support efforts to strengthen Article VII of the BTWC at the Eighth Review Conference, taking into account efforts elsewhere in building international capacities for responding to outbreaks of infectious disease.
   Article 9
   Action taken by the Union for the purposes referred to in this Decision shall comprise:

               (a)

               the submission by the Union and its Member States, on the basis of the position set out in this Decision, of proposals for specific, practical and feasible arrangements for the effective enhancement of the implementation of the BTWC, for consideration by States Parties to the BTWC at the Eighth Review Conference;

               (b)

               where appropriate, demarches by the High Representative or Union Delegations;

               (c)

               statements delivered by the High Representative or the Union Delegation to the United Nations in the run up to and during the Eighth Review Conference.

         Article 10
   The Decision shall enter into force on the date of its adoption.

      Done at Brussels, 16 November 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Joint Action 2006/184/CFSP of 27 February 2006 in support of the Biological and Toxin Weapons Convention, in the framework of the EU Strategy against the Proliferation of Weapons of Mass Destruction (OJ L 65, 7.3.2006, p. 51).

      (2)  OJ C 57, 9.3.2006, p. 1.

      (3)  Council Common Position 2006/242/CFSP of 20 March 2006 relating to the 2006 Review Conference of the Biological and Toxin Weapons Convention (BTWC) (OJ L 88, 25.3.2006, p. 65).

      (4)  Council Joint Action 2008/858/CFSP of 10 November 2008 in support of the Biological and Toxin Weapons Convention (BTWC), in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction (OJ L 302, 13.11.2008, p. 29).

      (5)  Council Decision 2011/429/CFSP of 18 July 2011 relating to the position of the European Union for the Seventh Review Conference of the States Parties to the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and on their destruction (BTWC) (OJ L 188, 19.7.2011, p. 42).

      (6)  Council Decision 2012/421/CFSP of 23 July 2012 in support of the Biological and Toxin Weapons Convention (BTWC), in the framework of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 196, 24.7.2012, p. 61).


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32004D0127

2004/127/EC: Council Decision of 22 December 2003 on the conclusion of the Agreement on scientific and technological cooperation between the European Community and the Tunisian Republic

Official Journal L 037 , 10/02/2004 P. 0016 - 0016

Council Decisionof 22 December 2003on the conclusion of the Agreement on scientific and technological cooperation between the European Community and the Tunisian Republic(2004/127/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 170 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and Article 300(3) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Whereas:(1) The Commission has negotiated, on behalf of the Community, an Agreement on scientific and technological cooperation with the Tunisian Republic.(2) The Agreement was signed on behalf of the Community on 26 June 2003 in Thessaloniki, subject to possible conclusion at a later date.(3) The Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement on scientific and technological cooperation between the European Community and the Tunisian Republic is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council shall, acting on behalf of the Community, give the notification provided for in Article 7 of the Agreement(2).Done at Brussels, 22 December 2003.For the CouncilThe PresidentA. Matteoli(1) Opinion of 4 December 2003 (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 Union by the General Secretariat of the Council.


title: Commission Decision of 21 February 2012 on setting up the expert group on EU criminal policy

text:
               23.2.2012

               EN

               Official Journal of the European Union

               C 53/9

         COMMISSION DECISION
   of 21 February 2012
   on setting up the expert group on EU criminal policy
   2012/C 53/05
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               The Union, in line with Article 67(3) of the Treaty, shall endeavour to ensure a high level of security through measures to prevent and combat crime and, if necessary, through the approximation of criminal laws.

               (2)

               The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 20 September 2011‘Towards an EU Criminal Policy — Ensuring the effective implementation of EU policies through criminal law’ (1) stresses the importance of developing a coherent and consistent EU criminal policy which should be supported through discussions in an expert group.

               (3)

               It is therefore necessary to set up a group of experts in the field of EU criminal law and to define its tasks and structure.

               (4)

               The group should support the Commission’s work on the development of an EU criminal policy and provide advice on all related questions. The group should also advice on the gathering of factual evidence for the assessment whether EU criminal law measures are essential to ensure the effective implementation of a Union policy.

               (5)

               The group should be composed of up to 20 highly qualified experts, appointed in a personal capacity in a balanced representation in terms of professional background and geographic regions.

               (6)

               The term of office of the members of the group should be three years and should be renewable.

               (7)

               Rules on disclosure of information by members of the group should be laid down.

               (8)

               Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (2),

         HAS ADOPTED THIS DECISION:
   Article 1
   Subject matter
   The expert group on EU criminal policy, hereinafter referred to as ‘the group’ is hereby set up.
   Article 2
   Tasks
   The group’s tasks shall be to advise the Commission on substantive criminal law in the context of the development of an EU criminal policy. This shall include in particular advice on any legal question that can arise in this context and shall also refer to the gathering of factual evidence for the assessment whether EU criminal law measures are essential to ensure the effective implementation of a Union policy, in consultation with existing expert groups in the policy fields concerned.
   Article 3
   Consultation
   The Commission may consult the group on any matter relating to the development of an EU criminal policy.
   Article 4
   Membership — Appointment
   1.   The group shall be composed of up to 20 members. Members shall be individuals appointed in a personal capacity.
   2.   The members shall be appointed by the Director-General of the Directorate-General for Justice from specialists with outstanding competence in the area of criminal law. The selection process of members shall be carried out in such a manner as to ensure a high level of expertise and, as far as possible, an adequate balance in terms of range of competencies, geographical origin and gender, taking into account the specific tasks of the expert group and the type of expertise required.
   3.   The group shall include experts from scientific and research institutions as well as legal practitioners.
   4.   The members shall be appointed in a personal capacity for a mandate of three years. By accepting to be members of the group, they commit themselves to act independently and in the public interest. Should a conflict of interest in relation to an expert arise, the Commission services may exclude this expert from the group or a particular meeting thereof or they may decide that the expert in question shall abstain from discussing the items on the agenda concerned. The members of the group shall remain in office until replaced or until their term of office ends. Their term of office may be renewed.
   5.   Members who are no longer capable of contributing effectively to the group’s deliberations, who resign or who do not comply with the conditions set out in paragraph 3 of this Article, or Article 339 of the Treaty, may be replaced for the remainder of their term of office.
   6.   The names of members shall be published in the Register of Commission expert groups and other similar entities (hereinafter referred to as ‘the Register’) and on the Internet site of the Directorate-General for Justice. Personal data of the members shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 5
   Operation
   1.   The group shall be chaired by a representative of the Commission.
   2.   In agreement with the Commission, subgroups may be set up to examine specific questions under terms of reference established by the group. Such subgroups shall be dissolved as soon as their mandates are fulfilled.
   3.   The Commission’s representative may ask experts from outside the group with specific competence on a subject on the agenda to participate in the work of the group or sub-group on an ad hoc basis. In addition, the Commission’s representative may give observer status to individuals, organisations as defined in Rule 8(3) of the horizontal rules on expert groups and candidate countries.
   4.   Members of the group, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decision 2001/844/EC/ECSC/Euratom (3). Should they fail to respect these obligations, the Commission may take appropriate measures.
   5.   The Commission shall provide secretarial services to the group.
   6.   The group may adopt its rules of procedure on the basis of the standard rules of procedure for expert groups.
   7.   The Commission publishes relevant information on the activities carried out by the group either by including it in the Register or via a link from the Register to a dedicated website.
   Article 6
   Meeting expenses
   1.   Participants in the activities of the group shall not be remunerated for the services they render.
   2.   Travel and subsistence expenses incurred by members in connection with the activities of the group shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
   3.   Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
   Article 7
   Entry into force
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 21 February 2012.

            For the Commission

         Viviane REDING

            Vice-President

      (1)  COM(2011) 573 final.

      (2)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (3)  Commission Decision of 29 November 2001 amending its internal Rules of Procedure (OJ L 317, 3.12.2001, p. 1).


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32001D0214

2001/214/EC: Council Decision of 26 February 2001 on the signing, on behalf of the European Community, of an Agreement in the form of a Memorandum of Understanding between the European Community and the Democratic Socialist Republic of Sri Lanka on arrangements in the area of market access for textile and clothing products, and authorising its provisional application

Official Journal L 080 , 20/03/2001 P. 0011 - 0011

Council Decisionof 26 February 2001on the signing, on behalf of the European Community, of an Agreement in the form of a Memorandum of Understanding between the European Community and the Democratic Socialist Republic of Sri Lanka on arrangements in the area of market access for textile and clothing products, and authorising its provisional application(2001/214/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first and second subparagrah of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Commission has negotiated on behalf of the Community a bilateral Agreement in the form of a Memorandum of Understanding on trade in textile products with Sri Lanka.(2) The Agreement in the form of a Memorandum of Understanding was initialled on 5 December 2000.(3) The Agreement in form of a Memorandum of Understanding should be signed on behalf of the Community.(4) In order to allow its benefits to accrue to both Parties immediately following the relevant notifications to the WTO, it is appropriate to apply this Agreement on a provisional basis as from 1 December 2000 pending completion of the relevant procedures for its formal conclusion, subject to reciprocity,HAS DECIDED AS FOLLOWS:Article 1Subject to its possible conclusion at a later date the President of the Council is hereby authorised to designate the persons empowered to sign, on behalf of the European Community, the Agreement in the form of a Memorandum of Understanding on trade in textile products with Sri Lanka.The text of the Agreement is annexed to this Decision.Article 2Subject to reciprocity, the Agreement in the form of a Memorandum of Understanding shall be applied on a provisional basis from 1 December 2000 pending the completion of the procedures for its formal conclusion.Article 31. The Commission, in accordance with the procedure referred to in Article 17 of Council Regulation 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries(1), may modify the application of the double-checking system for certain products, after consultations with Sri Lanka under Point 7 of the Memorandum of Understanding.2. The Commission shall re-apply the quota regime in the event of the failure on the part of Sri Lanka to fulfil the obligations covered by Points 2 and 6 of the Memorandum of Understanding in accordance with the procedure referred to in Article 17 of Regulation No 3030/93.Done at Brussels, 26 February 2001.For the CouncilThe PresidentA. Lindh(1) OJ L 275, 8.11.1993. Regulation as last amended by Council Regulation (EC) No 824/97 (OJ L 119, 8.5.97, p. 1).


title: 2009/82/EC,Euratom: Council and Commission Decision of 18 December 2008 on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               30.1.2009

               EN

               Official Journal of the European Union

               L 26/5

      COUNCIL AND COMMISSION DECISION

   of 18 December 2008
   on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2009/82/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of Article 300(2) and the first subparagraph of Article 300(3), thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the Council’s approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, was signed on behalf of the Community and the Member States on 11 June 2008 in accordance with Council Decision 2008/628/EC (2).

               (2)

               Pending its entry into force, the Protocol has been applied on a provisional basis as from 1 January 2007.

               (3)

               The Protocol should be concluded,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (3) is hereby approved on behalf of the Community, the European Atomic Energy Community and the Member States.
   Article 2
   The President of the Council shall, on behalf of the Community and its Member States, give the notification provided for in Article 3 of the Protocol. The President of the Commission shall simultaneously give such notification on behalf of the European Atomic Energy Community.

      Done at Brussels, 18 December 2008.

            For the Council

            The President

         M. BARNIER

            For the Commission

            The President

         José Manuel BARROSO

      (1)  Opinion delivered on 2 September 2008 (not yet published in the Official Journal).

      (2)  OJ L 205, 1.8.2008, p. 40.

      (3)  OJ L 205, 1.8.2008, p. 42.


title: 87/610/ECSC: Decision of the representatives of the Governments of the Member States, meeting within the Council, and of the Commission of 21 December 1987 laying down the arrangements for Spain' s and Portugal' s trade with Israel in products falling within the ECSC Treaty and amending Decisions 86/69/ECSC and 87/456/ECSC

text:
31 . 12 . 87                                 Official Journal of the European Communities                          No L 396 / 69
                                                                      II
                                                (Acts whose publication is not obligatory)
                                    COUNCIL AND COMMISSION
                   DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
                   MEMBER STATES, MEETING WITHIN THE COUNCIL, AND OF THE
                                                             COMMISSION
                                                          of 21 December 1987
                   laying down the arrangements for Spain's and Portugal's trade with Israel in products falling
                       within the ECSC Treaty and amending Decisions 86 / 69/ ECSC and 87/ 456 / ECSC
                                                             ( 87 / 610 / ECSC )
             THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE
             EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL, AND THE
             COMMISSION ,
             Having regard to the Treaty establishing the European Coal and Steel Community,
             Whereas an Agreement has been concluded between the Member States of the European Coal and
             Steel Community and the State of Israel (*);
             Whereas the Protocol to the abovementioned Agreement which is to be concluded as a result of the
             accession of Spain and Portugal must be approved by the Contracting Parties in accordance with
             their own procedures ;
             Whereas pending completion of those procedures, without which the Protocol cannot enter into
             force, it is necessary to establish the arrangements for Spain's and Portugal's trade with Israel which
             are to replace the arrangements laid down by Decision 86 / 69 / ECSC (2), as amended by Decision
             87 / 456 / ECSC ( 3 );
             Whereas Decision 87 / 456 / ECSC laid down the arrangements for trade between Spain and
             Portugal on the one hand and Algeria, Egypt, Jordan, Lebanon and Tunisia on the other, for
             products falling within the ECSC Treaty, pending the entry into force of the Protocols to be
             concluded with those countries following the accession of Spain and Portugal ;
             Whereas the scope of Decision 87 / 456 / ECSC should be extended to cover trade between Spain
             and Portugal with Israel ;
             Whereas it is necessary to amend Article 1 of Decision 86 / 69 / ECSC ;
              (») OJ No L 165 , 28 . 6 . 1975 , p. 62 .
              ( 2 ) OJ No L 75 , 20. 3 . 1986 , p. 26 .
              ( 3 ) OJ No L 250 , 1 . 9 . 1987 , p. 112 .
 ---pagebreak---                                                                                31 . 12 . 87
No L 396 / 70                              Official Journal of the European Communities
             Whereas this Decision should only apply subject to, and on the date of, the adoption by Israel of
             unilateral measures applying, with respect to that country, in advance, the provisions
             abovementioned Protocol ,
             HAVE DECIDED AS FOLLOWS:
                                                                 Article 1
              The Kingdom of Spain and the Portuguese Republic shall apply the arrangements resulting from
              the Agreement between the Member States of the European Coal and Steel Community and the
              State of Israel to trade with Israel, subject to the special conditions set out in Decision
              87 / 456 / ECSC .
                                                                  Article 2
              In Article 1 of Decision 86 / 69 / ECSC , 'Israel' is hereby deleted.
                                                                  Article 3
               This Decision shall enter into force on 1 January 1988 .
               It shall apply only from the date on which the State of Israel has implemented with regard to the
               Community the provisions of the Protocol to the Agreement between the Member States of the
               European Coal and Steel Community and the State of Israel consequent on the accession of the
               Kingdom of Spain and the Portuguese Republic to the Community and until the entry into force of
               that Protocol I 1 ).
               The Member States and the Commission shall take the measures necessary to implement this
               Decision .
               Done at Brussels , 21 December 1987 .
                         For the Commission                                 For the Governments of the Member States
                            The President                                                   The President
                                                                                B. HAARDER
                           Jacques DELORS
                 ( i ) The date of implementation of this Decision will be published in the Official Journal of the European
                       Communities by the General Secretariat of the Council.


title: 2009/672/EC: Decision of the European Parliament of 23 April 2009 on the closure of the accounts of the European Agency for Reconstruction for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/179

      DECISION OF THE EUROPEAN PARLIAMENT

   of 23 April 2009
   on the closure of the accounts of the European Agency for Reconstruction for the financial year 2007
   (2009/672/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for Reconstruction for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Agency for Reconstruction for the financial year 2007, together with the Agency’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EC) No 2667/2000 of 5 December 2000 on the European Agency for Reconstruction (4), and in particular Article 8 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0169/2009),

               1.

               Notes that the final annual accounts of the European Agency for Reconstruction are as annexed to the Court of Auditors’ report;

               2.

               Approves the closure of the accounts of the European Agency for Reconstruction for the financial year 2007;

               3.

               Instructs its President to forward this Decision to the Director of the European Agency for Reconstruction, 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

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 278, 31.10.2008, p. 13.

      (2)  OJ C 311, 5.12.2008, p. 42.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 306, 7.12.2000, p. 7.

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


               30.12.2015

               EN

               Official Journal of the European Union

               C 440/116

         P7_TA(2013)0015
   Amendment of Parliament's Rules of Procedure on the order of precedence of Vice-Presidents elected by acclamation
   European Parliament decision of 16 January 2013 on amendment of Rule 15(2) of Parliament’s Rules of Procedure on the order of precedence of Vice-Presidents elected by acclamation (2012/2020(REG))
   (2015/C 440/22)

      The European Parliament,

               —

               having regard to the letter from its President of 3 September 2010,

               —

               having regard to the interpretation of Rule 13(1) of its Rules of Procedure adopted by the Committee on Constitutional Affairs on 15 June 2011 and announced in plenary on 22 June 2011,

               —

               having regard to Rules 211 and 212 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Constitutional Affairs (A7-0412/2012),

               1.

               Decides to amend its Rules of Procedure as shown below;

               2.

               Points out that the amendment will enter into force on the first day of the next part-session;

               3.

               Instructs its President to forward this decision to the Council and the Commission, for information.

      Amendment 1

      Parliament's Rules of Procedure

      Rule 15 — paragraph 2 — subparagraph 2

                  Present text

                  Amendment

               Where they are
                     not
                   elected by secret ballot
                     , the order in which their names are read out to the House by the President
                   shall determine the order of precedence.

               Where they are elected by
                     acclamation, a
                   secret ballot shall
                     be held to
                   determine the order of precedence.


title: 2014/563/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the Translation Centre for the Bodies of the European Union for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/165

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the Translation Centre for the Bodies of the European Union for the financial year 2012
   (2014/563/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Translation Centre for the Bodies of the European Union for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Translation Centre for the Bodies of the European Union for the financial year 2012, together with the Centre’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 - C7-0054/2014),

               —

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

               —

               having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to 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 Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for Bodies of the European Union (4), and in particular Article 14 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

               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 (6), and in particular Article 108 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0205/2014),

               1.

               Grants the Director of the Translation Centre for the Bodies of the European Union discharge in respect of the implementation of the Centre’s budget for the financial year 2012;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the Translation Centre for the Bodies of the European Union, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 15.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 314, 7.12.1994, p. 1.

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

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


title: 2014/258/CFSP: Political and Security Committee Decision EUBAM Libya/3/2014 of 30 April 2014 extending the mandate of the Head of Mission of the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)

text:
               9.5.2014

               EN

               Official Journal of the European Union

               L 136/25

         POLITICAL AND SECURITY COMMITTEE DECISION EUBAM LIBYA/3/2014
   of 30 April 2014
   extending the mandate of the Head of Mission of the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)
   (2014/258/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2013/233/CFSP of 22 May 2013 on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (1),
   Whereas:

               (1)

               Pursuant to Article 9(1) of Decision 2013/233/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya), including the decision to appoint a Head of Mission upon a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).

               (2)

               On 24 May 2013, the PSC adopted Decision EUBAM Libya/1/2013 (2) appointing Mr Antti Juhani Hartikainen as Head of Mission of EUBAM Libya for the period from 22 May 2013 until 21 May 2014.

               (3)

               On 14 April 2014, the HR proposed the extension of the mandate of Mr Antti Juhani Hartikainen as Head of Mission of EUBAM Libya until 21 May 2015,

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Mr Antti Juhani Hartikainen as Head of Mission of EUBAM Libya is hereby extended until 21 May 2015.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 30 April 2014.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 138, 24.5.2013, p. 15.

      (2)  Political and Security Committee Decision EUBAM LIBYA/1/2013 of 24 May 2013 on the appointment of the Head of Mission of the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (OJ L 147, 1.6.2013, p. 13).


title: Political and Security Committee Decision (CFSP) 2016/396 of 15 March 2016 on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia) and repealing Decision (CFSP) 2015/173 (EUTM Somalia/1/2016)

text:
               18.3.2016

               EN

               Official Journal of the European Union

               L 73/99

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2016/396
   of 15 March 2016
   on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia) and repealing Decision (CFSP) 2015/173 (EUTM Somalia/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 Decision 2010/96/CFSP of 15 February 2010 on a European Union military mission to contribute to the training of Somali security forces (1), and in particular Article 5 thereof,
   Whereas:

               (1)

               Pursuant to Decision 2010/96/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty on European Union, to take the relevant decisions concerning the political control and strategic direction of EUTM Somalia, including decisions on the appointment of the EU Mission Commander.

               (2)

               On 3 February 2015, the PSC adopted Decision (CFSP) 2015/173 (2) appointing Brigadier General Antonio MAGGI as EU Mission Commander for EUTM Somalia.

               (3)

               On 9 February 2016, Italy proposed the appointment of Brigadier General Maurizio MORENA as the new EU Mission Commander for EUTM Somalia to succeed Brigadier General Antonio MAGGI.

               (4)

               On 24 February 2016, the EU Military Committee recommended that the PSC appoint Brigadier General Maurizio MORENA as EU Mission Commander for EUTM Somalia to succeed Brigadier General Antonio MAGGI from 21 March 2016.

               (5)

               Decision (CFSP) 2015/173 should 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
   Brigadier General Maurizio MORENA is hereby appointed as EU Mission Commander for the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia) from 21 March 2016.
   Article 2
   Decision (CFSP) 2015/173 is repealed.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 15 March 2016.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 44, 19.2.2010, p. 16.

      (2)  Political and Security Committee Decision (CFSP) 2015/173 of 3 February 2015 on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia) and repealing Decision EUTM Somalia/1/2013 (EUTM Somalia/1/2015) (OJ L 29, 5.2.2015, p. 14).


title: Council Decision 2011/168/CFSP of 21 March 2011 on the International Criminal Court and repealing Common Position 2003/444/CFSP

text:
               22.3.2011

               EN

               Official Journal of the European Union

               L 76/56

         COUNCIL DECISION 2011/168/CFSP
   of 21 March 2011
   on the International Criminal Court and repealing Common Position 2003/444/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               In its action on the international scene the Union seeks to advance the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, equality and solidarity, and respect for the principles of the United Nations Charter and international law, as provided for in Article 21 of the Treaty. The Union seeks to develop relations and build partnerships with, inter alia, international organisations which share these principles.

               (2)

               One of the objectives of the Union is to preserve peace, prevent conflicts and strengthen international security, in accordance with the purposes and principles of the United Nations Charter.

               (3)

               The Rome Statute of the International Criminal Court (hereinafter the ‘Rome Statute’) entered into force on 1 July 2002.

               (4)

               All Member States have ratified the Rome Statute.

               (5)

               The principles of the Rome Statute, as well as those governing the functioning of the International Criminal Court (hereinafter the ‘ICC’), are fully in line with the principles and objectives of the Union. The serious crimes within the jurisdiction of the ICC are of concern to the international community as a whole and to the Union and its Member States.

               (6)

               The Union and its Member States are determined to put an end to the impunity of the perpetrators of those crimes by taking measures at national level and by enhancing international cooperation to ensure their effective prosecution.

               (7)

               The Union and the ICC signed an agreement on cooperation and assistance on 10 April 2006 which entered into force on 1 May 2006 (1).

               (8)

               The principles and rules of international criminal law embodied in the Rome Statute should be taken into account in other international legal instruments.

               (9)

               The Union is convinced that universal accession to the Rome Statute is essential for the full effectiveness of the ICC and, to that end, considers that initiatives to enhance the acceptance of the Rome Statute are to be encouraged, provided they are consistent with the letter and spirit of the Rome Statute.

               (10)

               It is most important that the integrity of the Rome Statute and the independence of the ICC be preserved.

               (11)

               By its Conclusions of 30 September 2002 on the International Criminal Court the Council has developed a set of principles attached to those Conclusions to serve as guidelines for Member States when considering the necessity and scope of possible agreements or arrangements in responding to proposals regarding the conditions to surrender persons to the ICC.

               (12)

               On 25 May 2010, the Council adopted Conclusions on the Review Conference of the Rome Statute of the International Criminal Court (hereinafter the ‘Review Conference’), which was held in Kampala, Uganda, from 31 May to 11 June 2010.

               (13)

               The Review Conference adopted amendments to the Rome Statute, in accordance with Article 5, paragraph 2 thereof to define the crime of aggression and to establish conditions under which the ICC could exercise jurisdiction with respect to that crime; adopted amendments to the Rome Statute to expand the jurisdiction of the ICC to three additional war crimes when committed in armed conflicts not of an international character; and decided to retain, for the time being, Article 124 of the Rome Statute. Those amendments are subject to ratification or acceptance and shall enter into force in accordance with Article 121, paragraph 5 of the Rome Statute. The ICC shall exercise jurisdiction over the crime of aggression subject to a decision to be taken after 1 January 2017 by the same majority of States Parties as is required for the adoption of an amendment to the Rome Statute.

               (14)

               The Union pledged at the Review Conference to review and update its instruments in support of the ICC and to continue the promotion of the universality and preservation of the integrity of the Rome Statute.

               (15)

               The implementation of the Rome Statute requires practical measures that the Union and its Member States should fully support.

               (16)

               The Action Plan which was, inter alia, called for by a Resolution on entry into force of the Statute of the International Criminal Court approved by the European Parliament on 28 February 2002 to follow up Council Common Position 2001/443/CFSP of 11 June 2001 on the International Criminal Court (2) was adopted on 4 February 2004 and should be adapted as appropriate.

               (17)

               In the light of the above, Common Position 2003/444/CFSP of 16 June 2003 on the International Criminal Court (3) should be repealed and replaced by this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The International Criminal Court (hereinafter the ‘ICC’), for the purpose of preventing and curbing the commission of the serious crimes falling within its jurisdiction, is an essential means of promoting respect for international humanitarian law and human rights, thus contributing to freedom, security, justice and the rule of law as well as contributing to the preservation of peace, the prevention of conflicts and the strengthening of international security, in accordance with the purposes and principles of the Charter of the United Nations.
   2.   The objective of this Decision is to advance universal support for the Rome Statute of the International Criminal Court (hereinafter the ‘Rome Statute’) by promoting the widest possible participation in it, to preserve the integrity of the Rome Statute, to support the independence of the ICC and its effective and efficient functioning, to support cooperation with the ICC, and to support the implementation of the principle of complementarity.
   Article 2
   1.   In order to contribute to the objective of the widest possible participation in the Rome Statute, the Union and its Member States shall make every effort to further this process by raising the issue of the widest possible ratification, acceptance, approval or accession to the Rome Statute and the implementation of the Rome Statute in negotiations, including negotiations of agreements, or political dialogues with third States, groups of States or relevant regional organisations, whenever appropriate.
   2.   The Union and its Member States shall contribute to the worldwide participation in and implementation of the Rome Statute also by other means, such as by adopting initiatives to promote the dissemination of the values, principles and provisions of the Rome Statute and related instruments. In furtherance of the objectives of this Decision, the Union shall cooperate as necessary with other interested States, international institutions, non-governmental organisations and other representatives of civil society.
   3.   The Member States shall share with all interested States their own experiences on the issues related to the implementation of the Rome Statute and, when appropriate, provide other forms of support to that objective. The Member States shall contribute, when requested, with technical and, where appropriate, financial assistance to the legislative work needed for the participation in and implementation of the Rome Statute by third States. The Union may, when requested, also contribute with such assistance. States considering to become party to the Rome Statute or to cooperate with the ICC shall be encouraged to inform the Union of difficulties encountered on that path.
   4.   In implementing this Article, the Union and its Member States shall coordinate political and technical support for the ICC with regard to various States or groups of States.
   Article 3
   In order to support the independence of the ICC, the Union and its Member States shall, in particular:

               (a)

               encourage States Parties to transfer promptly and in full their assessed contributions in accordance with the decisions taken by the Assembly of States Parties;

               (b)

               make every effort towards the accession or ratification by Member States of the Agreement on the Privileges and Immunities of the International Criminal Court as soon as possible and promote such accession or ratification by other States; and

               (c)

               endeavour to support as appropriate the development of training and assistance for judges, prosecutors, officials and counsel in work related to the ICC.

         Article 4
   1.   The Union and its Member States shall follow closely developments concerning cooperation with the ICC in accordance with the Rome Statute.
   2.   The Union shall keep under review the implementation of the Agreement between the International Criminal Court and the European Union on cooperation and assistance.
   3.   The Union and its Member States shall consider the conclusion, as appropriate, of ad hoc arrangements and agreements to enable the effective functioning of the ICC and shall encourage third parties to do so.
   4.   The Union and its Member States shall continue, as appropriate, to draw the attention of third States to the Council Conclusions of 30 September 2002 on the International Criminal Court and to the EU Guiding Principles annexed thereto, with regard to proposals for agreements or arrangements concerning conditions for the surrender of persons to the ICC.
   Article 5
   The Union and its Member States shall, as appropriate, take initiatives or measures to ensure the implementation of the principle of complementarity at national level.
   Article 6
   The Council and the High Representative of the Union for Foreign Affairs and Security Policy shall, where appropriate, coordinate measures by the Union and its Member States for the implementation of Articles 2 to 5.
   Article 7
   Member States shall cooperate to ensure the smooth functioning of the Assembly of States Parties in all respects.
   Article 8
   The Union shall ensure consistency and coherence between its instruments and policies in all areas of its external and internal action in relation to the most serious international crimes as referred to in the Rome Statute.
   Article 9
   The Council shall review this Decision as appropriate.
   Article 10
   Common Position 2003/444/CSFP is hereby repealed and replaced by this Decision. References to the repealed Common Position 2003/444/CSFP shall be construed as being made to this Decision.
   Article 11
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 21 March 2011.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 115, 28.4.2006, p. 50.

      (2)  OJ L 155, 12.6.2001, p. 19.

      (3)  OJ L 150, 18.6.2003, p. 67.


title: 2014/48/EU: Council Decision of 28 January 2014 on the conclusion of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community, on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand

text:
               31.1.2014

               EN

               Official Journal of the European Union

               L 28/1

      COUNCIL DECISION

   of 28 January 2014
   on the conclusion of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community, on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand
   (2014/48/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 28 June 2007, the Council adopted Regulation (EC) No 753/2007 (1) concerning the conclusion of the Fisheries Partnership Agreement between the European Community and the Government of Denmark and the Home Rule Government of Greenland (2) (‘the Agreement’). A Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement (3) (the ‘current Protocol’) was attached thereto. The current Protocol will expire on 31 December 2012.

               (2)

               The Union has negotiated with the Government of Denmark and the Government of Greenland a new Protocol to the Agreement setting out the fishing opportunities and financial contribution (‘the Protocol’).

               (3)

               The Protocol was signed in accordance with Council Decision 2012/653/EU (4) subject to its conclusion at a later date, and is to be provisionally applied from 1 January 2013.

               (4)

               The Protocol should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community, on the one hand, and the Government of Denmark and the Home Rule Government of Greenland, on the other hand, is hereby approved on behalf of the Union (5).
   Article 2
   The President of the Council shall give, on behalf of the Union, the notification provided for in Article 13 of the Protocol.
   Article 3
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 28 January 2014.

            For the Council

            The President

         G. STOURNARAS

      (1)  OJ L 172, 30.6.2007, p. 1.

      (2)  OJ L 172, 30.6.2007, p. 4.

      (3)  OJ L 172, 30.6.2007, p. 9.

      (4)  OJ L 293, 23.10.2012, p. 4.

      (5)  The text of the Protocol has been published in OJ L 293, 23.10.2012, p. 5, together with the decision on signature.


Avis juridique important

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31988D0644

88/644/EEC: Council Decision of 21 December 1988 on the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Kingdom of Morocco fixing the additional amount to be deducted from the levy on imports into the Community of untreated olive oil, originating in Morocco, for the period 1 November 1987 to 31 December 1990

Official Journal L 358 , 27/12/1988 P. 0007

COUNCIL DECISION of 21 December 1988 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Economic Community and the Kingdom of Morocco fixing the additional amount to be deducted from the levy on imports  into the Community of untreated olive oil, originating in Morocco, for the period 1 November 1987 to 31 December 1990 (88/644/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the Cooperation Agreement between the European Economic Community and the Kingdom of Morocco(1), which entered into force on 1 November 1978, and in particular to Annex B thereof,  Having regard to the recommendation from the Commission,  Whereas it is necessary to approve the Agreement in the form of an Exchange of Letters between the European Economic Community and the Kingdom of Morocco fixing the additional amount to be deducted from the levy on imports into the Community of  untreated olive oil, falling within CN codes 1509 10 10, 1509 10 90 and 1510 00 10 and originating in Morocco, for the period 1 November 1987 to 31 December 1990,   HAS DECIDED AS FOLLOW:  Article 1  The Agreement in the form of an Exchange of Letters between the European Economic Community and the Kingdom of Morocco fixing the additional amount to be deducted from the levy on imports into the Community of untreated olive oil falling within CN codes 1509 10 10, 1509 10 90 and 1510 00 10 and originating in Morocco for the period 1 November 1987 to 31 December 1990, is hereby approved on behalf of  the Community.  The text of the Agreement is annexed to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement for the purpose of binding the Community.  Article 3  This Decision shall take effect on the day following its publication in the Official Journal of the European Communities.   Done at Brussels, 21 December 1988.  For the Councilthe PresidentV. PAPANDREOU  (1)OJ No L 264, 27. 9. 1978, p. 2.


title: 2005/457/EC: Commission Decision of 4 April 2005 authorising the placing on the market of isomaltulose as a novel food or novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council (notified under document number C(2005) 1001)

text:
               23.6.2005

               EN

               Official Journal of the European Union

               L 160/28

         COMMISSION DECISION
   of 4 April 2005
   authorising the placing on the market of isomaltulose as a novel food or novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council
   (notified under document number C(2005) 1001)
   (Only the Dutch text is authentic)
   (2005/457/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (1), and in particular Article 7 thereof,
   Whereas:

               (1)

               On 30 October 2003 Cargill Incorporated, acting through Cerestar, made a request to the competent authorities of the United Kingdom to place isomaltulose as a novel food or novel food ingredient on the market.

               (2)

               On 19 March 2004 the competent authorities of the United Kingdom issued their initial assessment report.

               (3)

               In their initial assessment report the United Kingdom’s competent food assessment body came to the conclusion that the proposed uses for isomaltulose are safe for human consumption.

               (4)

               The Commission forwarded the initial assessment report to all Member States on 15 April 2004.

               (5)

               Within the 60-day period laid down in Article 6(4) of the Regulation, reasoned objections to the marketing of the product were raised in accordance with that provision.

               (6)

               At a meeting on 10 December 2004 Member States experts considered the initial assessment report as far as risk assessment was concerned and there was no need for further consultation of the European Food Safety Authority.

               (7)

               As regards the nutrition information included in the labelling and advertising of foods containing isomaltulose, the rules of Council Directive 90/496/EC of 24 September 1990 on nutrition labelling for foodstuffs (2) apply.

               (8)

               On the basis of the initial assessment report, it is established that isomaltulose complies with the criteria laid down in Article 3(1) of the Regulation.

               (9)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DECISION:
   Article 1
   Isomaltulose as specified in the Annex, may be placed on the market in the Community as a novel food or novel food ingredient for use in foodstuffs.
   Article 2
   The designation ‘isomaltulose’ shall be displayed on the labelling of the product as such or in the list of ingredients of foodstuffs containing it.
   In a prominently displayed footnote related to the designation isomaltulose by means of an asterisk (*) the words ‘isomaltulose is a source of glucose and fructose’ shall be displayed. The words shall have a typeface of at least the same size as the list of ingredients itself.
   Article 3
   This Decision is addressed to Cargill Incorporated, c/o Cerestar, Havenstraat 84, B-1800 Vilvoorde.

      Done at Brussels, 4 April 2005.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 43, 14.2.1997, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

      (2)  OJ L 276, 6.10.1990, p. 40. Directive as last amended by Commission Directive 2003/120/EC (OJ L 333, 20.12.2003, p. 51).
   ANNEX
   SPECIFICATIONS OF ISOMALTULOSE
   Definition:
   A reducing disaccharide that consists of one glucose and one fructose moiety linked by an alpha-1,6-glucosidic bond. It is obtained from sucrose by an enzymatic process. The commercial product is the monohydrate.
   Chemical name
   6-O-a-D-glucopyranosyl-D-fructofuranose, monohydrate
   CAS number
   13718-94-0
   Chemical formula
   C12H22O11 · H2O
   Structural formula

   Formula weight
   360,3 (monohydrate)
   Assay
   Not less than 98 % on the dry basis
   Description
   Virtually odourless, white or almost white crystals with a sweet taste
   Loss on drying
   Not more than 6,5 % (60 °C, 5 hours)
   Lead
   Not more than 0,1 mg/kg
   Determine using an atomic absorption technique appropriate to the specified level. The selection of sample size and method of sample preparation may be based on the principles of the method described in FNP 5 (1), ‘Instrumental methods’.

      (1)  Food and Nutrition Paper 5 Rev.2 — Guide to specifications for general notices, general analytical techniques, identification tests, test solutions and other reference materials. (JECFA) 1991, 322 p. English — ISBN 92-5-102991-1.


title: 2014/122/EU: Council Decision of 11 February 2014 on the signing, on behalf of the European Union and its Member States, of a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation of the Republic of Croatia as a Contracting Party, following its accession to the European Union

text:
               8.3.2014

               EN

               Official Journal of the European Union

               L 69/2

      COUNCIL DECISION

   of 11 February 2014
   on the signing, on behalf of the European Union and its Member States, of a Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation of the Republic of Croatia as a Contracting Party, following its accession to the European Union
   (2014/122/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof,
   Having regard to the Act of Accession of the Republic of Croatia, and in particular Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 24 September 2012, the Council authorised the Commission to open negotiations with the Swiss Confederation for the adaptation, through the negotiation of a Protocol (‘the Protocol’), of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation of Croatia as contracting party, in view of the enlargement of the European Union. Croatia acceded to the European Union on 1 July 2013.

               (2)

               The negotiations on the Protocol were recently concluded.

               (3)

               Therefore, the Protocol should be signed on behalf of the European Union and its Member States, subject to its conclusion at a later date,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the European Union and its Member States of the Protocol to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, regarding the participation of the Republic of Croatia as a Contracting Party following its accession to the European Union is hereby authorised, subject to the conclusion of the said Protocol.
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to sign the Protocol on behalf of the Union and its Member States.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 11 February 2014.

            For the Council

            The President

         E. VENIZELOS


title: Decision (EU, Euratom) 2016/1657 of the representatives of the Governments of the Member States of 7 September 2016 appointing a Judge to the General Court

text:
               15.9.2016

               EN

               Official Journal of the European Union

               L 247/18

         DECISION (EU, Euratom) 2016/1657 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
   of 7 September 2016
   appointing a Judge to the General Court
   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 254 and 255 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,
   Whereas:

               (1)

               Under Articles 5 and 7 of Protocol No 3 on the Statute of the Court of Justice of the European Union, and following the resignation of Mr Carl WETTER as of 19 September 2016, a Judge should be appointed to the General Court for the remainder of the term of office of Mr WETTER, which runs until 31 August 2019.

               (2)

               Mr Ulf ÖBERG has been proposed for the vacant post.

               (3)

               The panel set up under Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Mr ÖBERG to perform the duties of Judge of the General Court,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Mr Ulf ÖBERG is hereby appointed a Judge of the General Court for the period from 19 September 2016 to 31 August 2019.
   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, 7 September 2016.

            The President

         P. JAVORČÍK


title: 86/644/ECSC: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 22 December 1986 extending the arrangements for trade between Spain and Portugal on the one hand and the overseas countries and territories (OCT) on the other in products covered by the ECSC Treaty

text:
31 . 12 . 86                               Official Journal of the European Communities                                  No L 380 / 65
                  DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
                  MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY ,
                                                MEETING WITHIN THE COUNCIL
                                                        of 22 December 1986
                  extending the arrangements for trade between Spain and Portugal on the one hand and the
                          overseas countries ( OCT) on the other in products covered by the ECSC Treaty
                                                           ( 86 / 644 / ECSC )
THE REPRESENTATIVES OF THE GOVERNMENTS OF                                HAVE DECIDED AS FOLLOWS :
THE MEMBER STATES OF THE EUROPEAN COAL AND
STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,
                                                                                Article 1
Whereas the Member States have concluded the Treaty                      The term of validity of Decision 86 / 50 / ECSC is hereby
establishing the European Coal and Steel Community ;                     extended until 31 December 1990 .
Whereas Decision 86 / 50 / ECSC ( x ) establishes for the
                                                                                Article 2
transitional period laid down by the Act of Accession of
Spain and Portugal the arrangements for trade between
Spain and Portugal on the one hand and the overseas                      Member States shall take the measures necessary to
countries and territories ( OCT ) on the other in products               implement this Decision .
covered by the ECSC Treaty ;
                                                                                Article 3
Whereas the said Decision expires on 31 December 1986 ;
                                                                         This Decision shall be published in the Official journal of
Whereas , in order to avoid an interruption of the                       the European Communities .
progressive opening of the Spanish and Portuguese markets
to products originating in the OCT , the period of validity              It shall take effect on the day of its publication .
of Decision 86 / 50 / ECSC should be extended , without
prejudice to any further adjustment that may prove
necessary following the conclusion of the protocol referred              Done at Brussels , 22 December 1986 .
to in Articles 179 and 366 of the Act of Accession of Spain
and Portugal ;
                                                                                The President
In agreement with the Commission ,                                                                                G. SHAW
(») OJ No L 63 , 5 . 3 . 1986 , p. 189 .