Avis juridique important

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32001D0858

2001/858/EC: Decision of the European Parliament of 24 October 2001 on the discharge in respect of the financial management of the sixth, seventh and eighth European Development Funds for the financial year 1999

Official Journal L 321 , 06/12/2001 P. 0023 - 0024

Decision of the European Parliamentof 24 October 2001on the discharge in respect of the financial management of the sixth, seventh and eighth European Development Funds for the financial year 1999(2001/858/EC)THE EUROPEAN PARLIAMENT,Having regard to the balance sheets and accounts of the sixth, seventh and eighth European Development Funds for the financial year 1999 (COM(2000) 357 - C5-0257/2000),Having regard to the annual report of the Court of Auditors on the activities of the European Development Funds for 1999 together with the institutions' replies (C5-0618/2000)(1),Having regard to the Court of Auditors' Statement of Assurance on the European Development Funds (C5-0618/2000)(2),Having regard to the Council's recommendations of 14 March 2001 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Funds for the financial year 1999 (6536/2001 - C5-0122/2001, 6537/2001 - C5-0123/2001, 6538/2001 - C5-0124/2001),Having regard to the European Court of Auditors' Special Report No 5/2001 on the counterpart funds used in the framework of structural adjustment aid and budgetary support (seventh and eighth EDFs), together with the Commission's replies(3),Having regard to its resolution of 4 April 2001 postponing the discharge for the financial year 1999(4),Having regard to Article 33 of the Internal Agreement between the representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the second Financial Protocol to the fourth ACP-EC Convention(5),Having regard to Article 74 of the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention(6),Having regard to Rule 93 of and Annex to its Rules of Procedure,Having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (A5-0109/2001),Having regard to the second report of the Committee on Budgetary Control (A5-0337/2001),Whereas:A. In its Statement of Assurance on the European Development Funds, the Court of Auditors concludes that, with certain exceptions, the accounts for the financial year 1999 reliably reflect the revenue and expenditure for the financial year and the financial situation at the end of the year.B. The Court of Auditors has examined the underlying transactions mainly on the basis of the documentation available at the Commission in Brussels.C. The Court of Auditors finds that with certain exceptions these transactions underlying the financial statements are also, taken as a whole, legal and regular.D. In its resolution of 4 April 2001 the European Parliament postponed the discharge in respect of implementation of the sixth, seventh and eighth European Development Funds for the financial year 1999 in order to examine in greater detail how the Commission and the European Anti-fraud Office (OLAF) were dealing with cases of fraud in connection with the Development Funds, and so as to be able to consider the report by the Commission's Internal audit service on monitoring procedures in connection with structural adjustment aid (budgetary support/counterpart funds),1. Gives discharge to the Commission in respect of the implementation of the sixth, seventh and eighth European Development Funds for the financial year 1999.2. Presents its comments in the attached resolution.3. Instructs its President to forward this decision, and the resolution which forms an integral part of this decision, to the Council, the Commission, the Court of Justice, the Court of Auditors and the European Investment Bank and to have it published in the Official Journal (L series).The Secretary-GeneralJulian PriestleyThe PresidentNicole Fontaine(1) OJ C 342, 1.12.2000, p. 205.(2) OJ C 342, 1.12.2000, p. 212.(3) OJ C 257, 14.9.2001.(4) Texts adopted, item 8.(5) OJ L 156, 29.5.1998, p. 108.(6) OJ L 191, 7.7.1998, p. 53.


title: 2014/365/EU: Council Decision of 12 June 2014 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 30 to the EEA Agreement, on specific provisions on the organisation of cooperation in the field of statistics

text:
               18.6.2014

               EN

               Official Journal of the European Union

               L 178/14

         COUNCIL DECISION
   of 12 June 2014
   on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 30 to the EEA Agreement, on specific provisions on the organisation of cooperation in the field of statistics

      (2014/365/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1) in conjunction with Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

               (2)

               Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 30 thereto.

               (3)

               Annex XXI to the EEA Agreement contains specific provisions concerning statistics.

               (4)

               The EEA statistical programme 2014 to 2017 should be based on Regulation (EU) No 99/2013 of the European Parliament and of the Council (3) as amended by Regulation (EU) No 1383/2013 of the European Parliament and of the Council (4), and should include those programme elements which are necessary for the description and monitoring of all relevant economic, social and environmental aspects of the European Economic Area.

               (5)

               The EEA statistical programme 2003 to 2007 is no longer applicable and should consequently be deleted under the EEA Agreement.

               (6)

               Protocol 30 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2014.

               (7)

               The position of the Union within the EEA Joint Committee should be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the European Union within the EEA Joint Committee on the proposed amendment to Protocol 30 to the EEA Agreement, on specific provisions on the organisation of cooperation in the field of statistics shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 12 June 2014.

            For the Council

            The President

         Y. MANIATIS

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  OJ L 1, 3.1.1994, p. 3.

      (3)  Regulation (EU) No 99/2013 of the European Parliament and of the Council of 15 January 2013 on the European statistical programme 2013–17 (OJ L 39, 9.2.2013, p. 12).

      (4)  Regulation (EU) No 1383/2013 of the European Parliament and of the Council of 17 December 2013 amending Regulation (EU) No 99/2013 on the European statistical programme 2013–17 (OJ L 354, 28.12.2013, p. 84).

      DRAFT
      DECISION OF THE EEA JOINT COMMITTEE No …/2014
      of
      amending Protocol 30 to the EEA Agreement, on specific provisions on the organization of cooperation in the field of statistics
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,
      Whereas:

                  (1)

                  The EEA statistical programme 2014 to 2017 should be based on Regulation (EU) No 99/2013 of the European Parliament and of the Council (1) as amended by Regulation (EU) No 1383/2013 of the European Parliament and of the Council of 17 December 2013 amending Regulation (EU) No 99/2013 on the European statistical programme 2013-17 (2) and should include those programme elements which are necessary for the description and monitoring of all relevant economic, social and environmental aspects of the European Economic Area.

                  (2)

                  The EEA statistical programme 2003 to 2007 is no longer applicable and should consequently be deleted under the EEA Agreement.

                  (3)

                  Protocol 30 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2014,

            HAS ADOPTED THIS DECISION:
      Article 1
      Protocol 30 to the EEA Agreement shall be amended as follows:

                  1.

                  The word ‘2013’ in the title of Article 5 is replaced by the words ‘2013 to 2017’.

                  2.

                  The following is added in Article 5(1):
                  ‘, as amended by:

                              —

                              32013 R 1383: Regulation (EU) No 1383/2013 of the European Parliament and of the Council of 17 December 2013 (OJ L 354, 28.12.2013, p. 84).’

                  3.

                  The words ‘31 December 2013’ in Article 5(2) are replaced by the words ‘31 December 2017’.

                  4.

                  The text of Article 5(3) is replaced by the following:
                  ‘A specific EEA Annual Statistical Programme for 2013 to 2017 shall be developed jointly by the EFTA Statistical Office and Eurostat. The EEA Annual Statistical Programme shall be based on a subset of, and be drawn up in parallel with the annual work programme elaborated by the Commission in accordance with Regulation (EU) No 99/2013. The EEA Annual Statistical Programme shall be approved by the Contracting Parties according to their own internal procedures.’

                  5.

                  The text of Article 5(4) is replaced by the following:
                  ‘The EFTA States shall contribute financially in accordance with Article 82(1)(a) of the Agreement and the Financial Regulations thereto to an amount representing 75 per cent of the amount shown in budget lines 29 02 05 (European statistical programme 2013-17) and 29 01 04 05 (Statistical information policy — Expenditure on administrative management) entered in the budget of the European Union for 2013 and to an amount representing 75 per cent of the amount shown in budget lines 29 02 01 (European statistical programme 2013-17) and 29 01 04 01 (Statistical information policy — Expenditure on administrative management) entered in the budget of the European Union for 2014 to 2017.’

                  6.

                  The text of Article 2 is deleted.

            Article 2
      This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (3).
      It shall apply from 1 January 2014.
      Article 3
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels,

               For the EEA Joint Committee

               The President

               The Secretaries

               to the EEA Joint Committee

         (1)  OJ L 39, 9.2.2013, p. 12.

         (2)  OJ L 354, 28.12.2013, p. 84.

         (3)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


title: Council Decision 2011/169/CFSP of 21 March 2011 amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea

text:
               22.3.2011

               EN

               Official Journal of the European Union

               L 76/59

         COUNCIL DECISION 2011/169/CFSP
   of 21 March 2011
   amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 27 October 2009, the Council adopted Common Position 2009/788/CFSP concerning restrictive measures against the Republic of Guinea (1), in response to the violent crackdown by security forces on political demonstrators in Conakry on 28 September 2009.

               (2)

               On 25 October 2010, the Council adopted Decision 2010/638/CFSP (2) renewing the restrictive measures until 27 October 2011 and repealing Common Position 2009/788/CFSP.

               (3)

               Decision 2010/638/CFSP should be amended in light of the political situation and of the Report of the International Commission of Inquiry mandated to establish the facts and circumstances of the events of 28 September 2009 in Guinea,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/638/CFSP is hereby amended as follows:

               (1)

               Article 3(1) is replaced by the following:
               ‘1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea, and of the persons associated with them, as listed in the Annex.’;

               (2)

               Article 4(1) is replaced by the following:
               ‘1.   All funds and economic resources belonging to, owned, held or controlled by the persons identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea, and natural or legal persons, entities or bodies associated with them, as listed in the Annex, shall be frozen.’;

               (3)

               the Annex to Decision 2010/638/CFSP shall be replaced by the Annex to this Decision.

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 March 2011.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 281, 28.10.2009, p. 7.

      (2)  OJ L 280, 26.10.2010, p. 10.

      ANNEX

            ‘ANNEX

               List of persons referred to in Articles 3 and 4

                        Name
                        (and possible aliases)

                        Identifying information
                        (date and place of birth (d.o.b. and p.o.b.), passport (Pass.)/ID card number, etc.)

                        Reasons

                        1.

                        Captain Moussa Dadis CAMARA

                        d.o.b: 01.01.64 or 29.12.68
                        Pass: R0001318

                        Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea

                        2.

                        Commandant Moussa Tiégboro CAMARA

                        d.o.b: 01.01.68
                        Pass: 7190

                        Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea

                        3.

                        Colonel Dr. Abdoulaye Chérif DIABY

                        d.o.b: 26.02.57
                        Pass: 13683

                        Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea

                        4.

                        Lieutenant Aboubacar Chérif (alias Toumba) DIAKITÉ

                        Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea

                        5.

                        Lieutenant Jean-Claude PIVI (alias Coplan)

                        d.o.b: 01.01.60

                        Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea’.


title: 2013/611/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/328

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2011
   (2013/611/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States for the financial year 2011, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 — C7-0041/2013),

               —

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

               —

               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 (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 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (4), and in particular Article 30 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), and in particular Article 94 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 and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0079/2013),

               1.

               Approves the closure of the accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2011;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 202.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 349, 25.11.2004, p. 1.

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


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32001D0645

2001/645/EC: Commission Decision of 22 August 2001 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of polyethylene terephthalate film originating in India and the Republic of Korea (notified under document number C(2001) 2561)

Official Journal L 227 , 23/08/2001 P. 0056 - 0057

Commission Decisionof 22 August 2001accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of polyethylene terephthalate film originating in India and the Republic of Korea(notified under document number C(2001) 2561)(2001/645/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 2238/2000(2), and in particular Articles 8 and 9 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) By Regulation (EC) No 367/2001(3), the Commission imposed provisional anti-dumping duties on imports into the Community of polyethylene terephthalate film originating in India and the Republic of Korea.(2) Following the adoption of the provisional anti-dumping measures, the Commission continued the investigation of dumping, injury and Community interest. The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 1676/2001 of 13 August 2001 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of polyethylene terephthalate film originating in India and the Republic of Korea(4).(3) The investigation confirmed the provisional findings of injurious dumping relating to imports originating in India and the Republic of Korea.B. UNDERTAKINGS(4) Subsequent to the adoption of provisional anti-dumping measures, five cooperating exporting producers in India, offered price undertakings in accordance with Article 8(1) of Regulation (EC) No 384/96 (the basic Regulation). By doing so, they have agreed to sell the product concerned at or above price levels which eliminate the injurious effects of dumping.(5) The companies will also provide the Commission with regular and detailed information concerning their exports to the Community, meaning that the undertakings can be monitored effectively by the Commission. Furthermore, the sales structure of these exporting producers is such that the Commission considers that the risk of circumventing the agreed undertaking is limited.(6) In view of this, the offers of undertakings are considered acceptable.(7) To further enable the Commission to effectively monitor the compliance of the companies with their undertakings, when the request for release for free circulation pursuant to the undertakings is presented to the relevant customs authority, exemption from the duty shall be conditional on the presentation of a commercial invoice issued by the exporting producers from whom the undertaking is accepted and containing at least the elements listed in the Annex to Regulation (EC) No 1676/2001. This level of information is also necessary to enable customs authorities to ascertain with sufficient precision that shipments correspond to the commercial documents. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of anti-dumping duty will instead be payable.(8) In the event of a breach or withdrawal of the undertaking, or a suspected breach, an anti-dumping duty may be imposed pursuant to Article 8(9) and (10) of the basic Regulation,HAS ADOPTED THIS DECISION:Article 1The undertakings offered by the producers mentioned below, in the framework of the anti-dumping proceeding concerning imports of polyethylene terephthalate film originating in India and the Republic of Korea, are hereby accepted.>TABLE>Article 2This Decision shall enter into force the day after its publication in the Official Journal of the European Communities.Done at Brussels, 22 August 2001.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 257, 11.10.2000, p. 2.(3) OJ L 55, 24.2.2001, p. 16.(4) See page 1 of this Official Journal.


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31992D0242

92/242/EEC: Council Decision of 31 March 1992 in the field of security of information systems

Official Journal L 123 , 08/05/1992 P. 0019 - 0025 Finnish special edition: Chapter 16 Volume 2 P. 0025  Swedish special edition: Chapter 16 Volume 2 P. 0025

COUNCIL DECISION  of 31 March 1992  in the field of security of information systems  (92/242/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the Community has as its task, by establishing a common market and progressively approximating the economic policies of the Member States, to promote throughout the Community a harmonious development of economic activities, a continuous and  balanced expansion, an increase in stability, an accelerated raising of the standard of living and closer relations between the Member States;  Whereas information stored, processed and transmitted electronically plays an increasingly important role in economic and social activities;  Whereas the advent of efficient global communications and the pervasive use of electronic handling of information emphasizes the need for adequate protection;  Whereas the European Parliament has repeatedly stressed the importance of the security of information systems in its debates and resolutions;  Whereas the Economic and Social Committee has emphasized the need to address issues relating to the security of information systems in Community forms of action, particularly in view of the impact of the completion of the internal market;  Whereas forms of action at national, international and Community levels provide a good basis;  Whereas there is a close link between telecommunications, information technology, standardization, the information market and research, development and technology (RDT) policies, as well as the work already undertaken in these areas by the Community;  Whereas it is appropriate to ensure that efforts are concerted by building on existing national and international work and by promoting cooperation between the principal parties concerned; whereas it is therefore appropriate to proceed within the  framework of a coherent action plan;  Whereas the complexity of the security of information systems calls for the development of strategies to enable the free movement of information within the single market while ensuring the security of the use of information systems throughout the  Community;  Whereas it is the responsibility of each Member State to take into account the constraints imposed by security and public order;  Whereas the responsibilities of the Member States in this area imply a concerted approach based on close collaboration with senior officials of the Member States;  Whereas provision should be made for a plan of action for an initial period of twenty-four months and the setting-up of a Committee of Senior Officials with a long-term mandate to advise the Commission on forms of action in the area of security of  information systems;  Whereas an amount of ECU 12 million is considered necessary to implement the action for an initial period of twenty-four months; whereas for 1992, in the context of the present financial perspective, the amount estimated necessary is ECU 2 million;  Whereas the amounts to be committed in order to finance the programme for the period following the 1992 budget year will form part of the existing Community financial framework,  HAS DECIDED AS FOLLOWS:  Article 1  An action in the field of the security of information systems is hereby adopted. It comprises:  - development of overall strategies for the security of information systems (action plan) for an initial period of 24 months, and  - setting-up Senior Officials Group with a long-term mandate to advise the Commission on action to be undertaken in the field of the security of information systems, hereinafter referred to as the 'Committee'.  Article 2  1. The Commission shall consult the Committee systematically on issues relating to the security of the information systems for the various activities carried out by the Community, in particular on the definition of work strategies and  programmes.  2. The action plan, as indicated in the Annex, shall include preparatory work under the following themes:  I. development of a strategic framework for the security of information systems;  II. identification of user and service provider requirements for the security of information systems;  III. solutions for immediate and interim needs of users, suppliers and service providers;  IV. development of specifications, standardization, evaluation and certification in respect of the security of information systems;  V. technological and operational developments in the security of information systems;  VI. provision of security of information systems.  Article 3  1. The Community funds estimated as necessary for the execution of the action amount to ECU 12 million for the initial period, including ECU 2 million for 1992 within the 1988-1992 financial perspective.  For the subsequent period of application of the programme, the amount will have to be included in the Community financial framework in force.  2. The budgetary authority shall determine the appropriations available for each financial year, taking into account the principles of sound management referred to in Article 2 of the Financial Regulation applicable to the general budget of the European  Communities.  Article 4  An evaluation of the progress achieved during the initial period shall be carried out for the Commission by a group of indepedent experts. This group's report, together with any comments by the Commission, shall be submitted to the European  Parliament and the Council.  Article 5  1. The Commission shall be responsible for implementing the action. It shall be assisted by an advisory committee composed of representatives of the Member States and chaired by the representative of the Commission.  2. The action plan shall be implemented in accordance with the objectives set out in Article 2 and updated where necessary. It shall set out the detailed objectives and types of actions to be undertaken, and the financial arrangements to be made for  them. The Commission shall make calls for proposals on the basis of the action plan.  3. The action plan shall be implemented in close collaboration with the sector actors. It shall take into account, promote and complement the European and international standardization activities under way in this field.  Article 6  1. The procedure laid down in Article 7 shall apply to:  - measures relating to Community policy in the field of the security of information systems;  2. The procedure laid down in Article 8 shall apply to:  - the preparation and updating of the action plan referred to in Article 5;  - the contents of the calls for proposals, the assessment of proposals and the estimated amount of the Community's contribution to measures where this amount exceeds ECU 200 000;  - the cooperation in any activity under this Decision of non-Community organizations;  - arrangements for the dissemination, protection and exploitation of the results of the measures;  - the measures to be undertaken to evaluate the action.  3. Where the amount of the Community contribution to the measures is less than, or equal to, ECU 200 000, the Commission shall consult the Committee on the measures to be taken and inform the Committee of the outcome of its assessment.  Article 7  The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the Chairman may lay down according to the urgency of the  matter, if necessary by taking a vote.  The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.  The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.  Article 8  The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the  matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States  within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.  The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.  If the measures envisaged are not in accordance with the opinion of the Committee, of if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a  qualified majority.  If, on the expiry of a period of three months from the date of referral to it the Council has not acted, the proposed measures shall be adopted by the Commission, save where the Council has decided against the said measures by a simple majority. Done at  Brussels, 31 March 1992. For the Council  The President  Vitor MARTINS   (1) OJ No C 277, 5. 11. 1990, p. 18. (2) OJ No C 94, 13. 3. 1992. (3) OJ No C 159, 17. 6. 1991, p. 38.    ANNEX  Summary of action lines  ORIENTATIONS FOR AN ACTION PLAN IN THE FIELD OF THE SECURITY OF INFORMATION SYSTEMS  INTRODUCTION  The action plan shall have as its objective the development of overall strategies aiming to provide users and producers of electronically stored, processed or transmitted information with appropriate protection of information systems against accidental  or deliberate threats.  The action plan shall take into account and complement the world-wide standardization activities under way in this field.  It shall include the following lines of action:  - development of a strategic framework for the security of information systems;  - identification of user and service provider requirements for the security of information systems;  - solutions for immediate and interim needs of users, suppliers and service providers;  - development of specifications, standardization, evaluation and certification in respect of the security of information systems;  - technological and operational developments in the security of information systems;  - provision of security of information systems.  The action plan shall be implemented by the Commission, in close association with related actions in Member States and in conjunction with related Community research and development actions.  1. Action line I - Development of a strategic framework for the security of information systems  1.1. Issue  Security of information systems is recognized as a pervasive quality necessary in modern society. Electronic information services need a secure telecommunications infrastructure, secure hard- and software as well as secure usage and management. An  overall strategy, considering all aspects of security of information systems, needs to be established, avoiding a fragmented approach. Any strategy for the security of information processed in an electronic form must reflect the wish of any society to  operate effectively yet protect itself in a rapidly changing world.  1.2. Objective  A strategically orientated framework has to be established to reconcile social, economic and political objectives with technical, operational and legislative options for the Community in an international context. The sensitive balance between different  concerns, objectives and constraints are to be found by sector actors working together in the development of a common perception and agreed strategy framework. These are the prerequisites for reconciling interests and needs both in policy-making and in  industrial developments.  1.3. Status and trends  The situation is characterized by growing awareness of the need to act. However, in the absence of an initiative to coordinate efforts, it seems very likely that dispersed efforts in various sectors will create a situation which will de facto be  contradictory, creating progressively more serious legal, social and economic problems.  1.4. Requirements, options and priorities  Such a shared framework would need to address and situate risk analysis and risk management concerning the vulnerability of information and related services, the alignment of laws and regulations associated with computer/telecommunications abuse and  misuse, administrative infrastructures including security policies, and how these may be effectively implemented by various industries/disciplines, and social and privacy concerns (e.g. the application of identification, authentication, non-repudiation  and possibly authorization schemes in a democratic environment).  Clear guidance is to be provided for the development of physical and logical architectures for secure distributed information services, standards, guidelines and definitions for assured security products and services, pilots and prototypes to establish  the viability of various administrative structures, architectures and standards related to the needs of specific sectors.  Security awareness must be created in order to influence the attitude of the users towards an increased concern about security in information technology (IT).  2. Action line II - Identification of user and service provider requirements for the security of information systems  2.1. Issue  Security of information systems is the inherent prerequisite for the integrity and trustworthiness of business applications, intellectual property and confidentiality. This leads inevitably to a difficult balance and sometimes choices, between a  commitment to free trade and a commitment to securing privacy and intellectual property. These choices and compromises need to be based on a full appreciation of requirements and the impact of possible options for the security of information systems to  respond to them.  User requirements imply the security functionalities of information systems interdependent with technological, operational and regulatory aspects. Therefore, a systematic investigation of security requirements for information systems forms an essential  part of the development of appropriate and effective measures.  2.2. Objective  Establishing the nature and characteristics of requirements of users and service providers and their relation to security measures of information systems.  2.3. Status and trends  Hitherto, no concerted effort has been undertaken to identify the rapidly evolving and changing requirements of the major actors for the security of information systems. Member States of the Community have identified the requirements for harmonization  of national activities (especially of the 'IT security evaluation criteria'). Uniform evaluation criteria and rules for mutual recognition of evaluation certificates are of major importance.  2.4. Requirements, options and priorities  As a basis for a consistent and transparent treatment of the justified needs of the sector actors, it is considered necessary to develop an agreed classification of user requirements and its relation to the provision of security in information systems.   It is also considered important to identify requirements for legislation, regulations and codes of practice in the light of an assessment of trends in service characteristics and technology, to identify alternative strategies for meeting the objectives  by administrative, service, operational and technical provisions, and to assess the effectiveness, user-friendliness and costs of alternative security options and strategies for information systems for users, service providers and operators.  3. Action line III - Solutions for immediate and interim needs of users, suppliers and service providers  3.1. Issue  At present it is possible to protect adequately computers from unauthorized access from the outside world by 'isolation', i.e. by applying conventional organizational and physical measures. This applies also to electronic communications within a closed  user group operating on a dedicated network. The situation is very different if the information is shared between user groups or exchanged via a public, or generally accessible, network. Neither the technology, terminals and services nor the related  standards and procedures are generally available to provide comparable security for information systems in these cases.  3.2. Objective  The objective has to be to provide, at short notice, solutions which can respond to the most urgent needs of users, service providers and manufacturers. This includes the use of common IT-security evaluation criteria. These should be conceived as open  towards future requirements and solutions.  3.3. Status and trends  Some user groups have developed techniques and procedures for their specific use responding, in particular, to the need for authentication, integrity and non-repudiation. In general, magnetic cards or smart cards are being used. Some are using more or  less sophisticated cryptographic techniques. Often this implied the definition of user-group specific 'authorities'. However, it is difficult to generalize these techniques and methods to meet the needs of an open environment.  ISO is working on OSI Information System Security (ISO DIS 7498-2) and CCITT in the context of X400. It is also possible to insert security segments into the messages. Authentication, integrity and non-repudiation are being addressed as part of the  messages (EDIFACT) as well as part of the X400 MHS.    At present, the Electronic Data Interchange (EDI) legal framework is still at the stage of conception. The International Chamber of Commerce has published uniform rules of conduct for the exchange of commercial data via telecommunications networks.  Several countries (e.g. Germany, France, the United Kingdom and the United States) have developed, or are developing, criteria to evaluate the trustworthiness of IT and telecommunication products and systems and the corresponding procedures for  conducting evaluations. These criteria have been co-ordinated with the national manufacturers and will lead to an increasing number of reliable products and systems starting with simple products. The establishment of national organizations which will  conduct evaluations and offer certificates will support this trend.  Confidentiality provision is considered by most users as less immediately important. In the future, however, this situation is likely to change as advanced communication services and, in particular, mobile services will have become all-pervasive.  3.4. Requirements, options and priorities  It is essential to develop as soon as possible the procedures, standards, products and tools suited to assure security both in information systems as such (computers, peripherals) and in public communications networks. A high priority should be given to  authentication, integrity and non-repudiation. Pilot projects should be carried out to establish the validity of the proposed solutions. Solutions to priority needs on EDI are looked at in the TEDIS programme within the more general content of this  action plan.  4. Action line IV - Development of specifications, standardization, evaluation and certification in respect of the security of information systems  4.1. Issue  Requirements for the security of information systems are pervasive and as such common specifications and standards are crucial. The absence of agreed standards and specifications for IT security may present a major barrier to the advance of  information-based processes and services throughout the economy and society. Actions are also required to accelerate the development and use of technology and standards in several related communication and computer network areas that are of critical  importance to users, industry and administrations.  4.2. Objective  Efforts are required to provide a means of supporting and performing specific security functions in the general areas of OSI, ONP, ISDN/IBC and network management. Inherently related to standardization and specification are the techniques and approaches  required for verification, including certification leading to mutual recognition. Where possible, internationally agreed solutions are to be supported. The development and use of computer systems with security functions should also be encouraged.  4.3. Status and trends  The United States, in particular, has taken major initiatives to address the security of information systems. In Europe the subject is treated in the context of IT and telecommunications standardization in the context of ETSI and CEN/CENELEC in  preparation of CCITT and ISO work in the field.  In view of growing concern, the work in the United States is rapidly intensifying and both vendors and service providers are increasing their efforts in this area. In Europe, France, Germany and the United Kingdom have independently started similar  activities, but a common effort corresponding to the United States is evolving only slowly.  4.4. Requirements, options and priorities  In the security of information systems there is inherently a very close relationship between regulatory, operational, administrative and technical aspects. Regulations need to be reflected in standards, and provisions for the security of information  systems need to comply in a verifiable manner to the standards and regulations. In several aspects, regulations require specifications which go beyond the conventional scope of standardization, i.e. include codes of practice. Requirements for standards  and codes of practice are present in all areas of security of information systems, and a distinction has to be made between the protection requirements which correspond to the security objectives and some of the technical requirements which can be  entrusted to the competent European standards bodies (CEN/CENELEC/ETSI).  Specifications and standards must cover the subjects of security services of information systems (personal and enterprise authentication, non-repudiation protocols, legally acceptable electronic proof, authorization control), their communication  services (image communication privacy, mobile communications voice and data privacy, data and image data-base protection, integrated services security), their communication and security management (public/private key system for open network operation,  network management protection, service provider protection) and their certification (assurance criteria and levels, security assurance procedures for secure information systems).  5. Action line V - Technological and operational developments in the security of information systems  5.1. Issue  Systematic investigation and development of the technology to permit economically viable and operationally satisfactory solutions to a range of present and future requirements for the security of information systems is a prerequisite for the development  of the services market and the competitiveness of the European economy as a whole.  Any technological developments in the security of information systems will have to include both the aspects of computer security and security of communications as most present-day systems are distributed systems, and access to such systems is through  communications services.  5.2. Objective  Systematic investigation and development of the technology to permit economically viable and operationally satisfactory solutions to a range of present and future requirements for the security of information systems.  5.3. Requirements, options and priorities  Work on security of information systems would need to address development and implementation strategies, technologies, and integration and verification.  The strategic R&  D work would have to cover conceptual models for secure systems (secure against compromise, unauthorized modifications and denial of service), functional requirements models, risk models and architectures for security.  The technology-orientated R&  D work would have to include user and message authentication (e.g. through voice-analysis and electronic signatures), technical interfaces and protocols for encryption, access control mechanisms and implementation methods  for provable secure systems.  Verification and validation of the security of the technical system and its applicability would be investigated through integration and verification projects.  In addition to the consolidation and development of security technology, a number of accompanying measures are required concerned with the creation, maintenance and consistent application of standards, and the validation and certification of IT and  telecommunication products with respect to their security properties, including validation and certification of methods to design and implement systems.  The third RDT Community Framework Programme might be used to foster cooperative projects at precompetitive and prenormative levels.  6. Action line VI - Provision of security of information systems  6.1. Issue  Depending on the exact nature of the security features of information systems, the required functions will need to be incorporated at different parts of the information system including terminals/computers, services, network management to cryptographic  devices, smart cards, public and private keys, etc. Some of these can be expected to be embedded in the hardware or software provided by vendors, while others may be part of distributed systems (e.g. network management), in the possession of the  individual user (e.g. smart cards) or provided from a specialized organization (e.g. public/private keys).  Most of the security products and services can be expected to be provided by vendors, service providers or operators. For specific functions, e.g. the provision of public/private keys, auditing authorization, there may be the need to identify and  mandate appropriate organizations.  The same applies for certification, evaluation and verification of quality of service which are functions which need to be addressed by organizations independent of the interests of vendors, service providers or operators. These organizations could be  private, governmental, or licensed by government to perform delegated functions.  6.2. Objective  In order to facilitate a harmonious development of the provision of security of information systems in the Community for the protection of the public and of business interests, it will be necessary to develop a consistent approach as to its provision of  security. Where independent organizations will have to be mandated, their functions and conditions will need to be defined and agreed and, where required, embedded into the regulatory framework. The objective would be to come to a clearly defined and  agreed sharing of responsibilities between the different actors on a Community level as a prerequisite for mutual recognition.  6.3. Status and trends  At present, the provision of security of information systems is well organized only for specific areas and limited to addressing their specific needs. The organization on a European level is mostly informal, and mutual recognition of verification and  certification is not yet established outside closed groups. With the growing importance of the security of information systems, the need for defining a consistent approach to the provision of security for information systems in Europe and  internationally is becoming urgent.  6.4. Requirements, options and priorities  Because of the number of different actors concerned and the close relations to regulatory and legislative questions, it is particularly important to pre-agree on the principles which should govern the provision of the security of information systems.  In developing a consistent approach to this question, one will need to address the aspects of identification and specification of functions requiring, by their very nature, the availability of some independent organizations (or interworking  organizations). This could include functions such as the administration of a public/private key system.  In addition, it is required to identify and specify, at an early stage, the functions which in the public interest need to be entrusted to independent organizations (or interworking organizations). This could, for example, include auditing, quality  assurance, verification, certification and similar functions.


title: 2010/212/CFSP: Council Decision 2010/212/CFSP of 29 March 2010 relating to the position of the European Union for the 2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons

text:
               10.4.2010

               EN

               Official Journal of the European Union

               L 90/8

         COUNCIL DECISION 2010/212/CFSP
   of 29 March 2010
   relating to the position of the European Union for the 2010 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               The European Union continues to regard the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) as the cornerstone of the global nuclear non-proliferation regime, the essential foundation for the pursuit of nuclear disarmament in accordance with Article VI of the NPT and an important element in the further development of nuclear energy applications for peaceful purposes.

               (2)

               On 12 December 2003, the European Council adopted the EU strategy against proliferation of Weapons of Mass Destruction, in order to steer its action in this field. On 8 December 2008, the Council adopted a document on ‘New lines for action by the European Union in combating the proliferation of weapons of mass destruction and their delivery systems’.

               (3)

               On 12 December 2008, the European Council endorsed the Council’s statement on strengthening international security, reaffirming its determination to combat the proliferation of weapons of mass destruction and their means of delivery and promoting concrete and realistic disarmament initiatives which the Union submitted at the United Nations General Assembly.

               (4)

               The United Nations Security Council 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. On 12 June 2006, the Council adopted Joint Action 2006/419/CFSP (1), and on 14 May 2008, the Council adopted Joint Action 2008/368/CFSP (2), both in support of the implementation of United Nations Security Council Resolution 1540 (2004) and in the framework of the implementation of the EU strategy against the Proliferation of Weapons of Mass Destruction.

               (5)

               The United Nations Security Council, meeting at the level of Heads of State and Government, unanimously adopted Resolution 1887 (2009), resolving to seek a safer world for all and to create the conditions for a world without nuclear weapons, in accordance with the goals of the NPT, in a way that promotes international stability, and based on the principle of undiminished security for all, calling upon all states that are not parties to the NPT to accede to it as non-nuclear-weapon States Parties, and calling upon States Parties to the NPT to comply fully with all their obligations and fulfil their commitments under the NPT and to cooperate so that the 2010 NPT Review Conference can successfully strengthen the NPT and set realistic and achievable goals in all the NPT’s three pillars: non-proliferation, the peaceful uses of nuclear energy, and disarmament.

               (6)

               Since 2004, the Council has adopted several Joint Actions on support for International Atomic Energy Agency’s (IAEA) activities in the areas of nuclear security and verification and in the framework of the implementation of the EU strategy against Proliferation of Weapons of Mass Destruction, most recently Joint Action 2008/314/CFSP (3).

               (7)

               On 8 December 2008, the Council adopted Council Conclusions on an EU contribution of up to EUR 25 million for the establishment of an IAEA nuclear fuel bank.

               (8)

               Since 2006, the Council has adopted several Joint Actions on support for activities of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation in order to strengthen its monitoring and verification capabilities. These include, most recently, Joint Action 2008/588/CFSP (4). In addition, the Council has promoted the early entry into force and universalisation of the Comprehensive Nuclear-Test-Ban Treaty (CTBT).

               (9)

               The President of the United States has convened a Summit on Nuclear Security, on 13 April 2010, to reinforce a commitment towards global nuclear security, including addressing the threat of nuclear terrorism.

               (10)

               The 1995 Review and Extension Conference of the Parties to the NPT adopted decisions on the indefinite extension of the NPT, on principles and objectives for nuclear non-proliferation and disarmament and on strengthening the review process for the NPT, and a Resolution on the Middle East.

               (11)

               The 2000 NPT Review Conference adopted a final document.

               (12)

               On 25 April 2005, the Council adopted Common Position 2005/329/PESC relating to the 2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (5).

               (13)

               The Preparatory Committee for the 2010 NPT Review Conference held three sessions, from 30 April to 11 May 2007 in Vienna, 28 April to 9 May 2008 in Geneva and 4 to 15 May 2009 in New York.

               (14)

               In the light of the outcomes of the 2000 NPT Review Conference and of the 2005 NPT Review Conference and of the discussions at the three sessions of the Preparatory Committee for the 2010 NPT Review Conference, and bearing in mind the current situation, it is appropriate to update and develop further the objectives set out in Common Position 2005/329/PESC, and the initiatives carried out under its terms,

         HAS ADOPTED THIS DECISION:
   Article 1
   The objective of the Union shall be to strengthen the international nuclear non-proliferation regime by promoting a substantive and balanced outcome of the 2010 Review Conference of the Parties of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), in order to achieve tangible and realistic progress towards the goals enshrined in the NPT.
   To attain this goal, the Union shall aim to promote in particular the adoption of a set of concrete, effective, pragmatic and consensual measures for stepping up international efforts against proliferation, pursuing disarmament and ensuring the responsible development of peaceful uses of nuclear energy by countries wishing to develop their capacities in this field. To this end, the Union has elaborated and submitted to the 2010 NPT Review Conference a Working Paper on the EU forward-looking proposals on all three pillars of the NPT (6), to be part of an ambitious action plan to be adopted by the 2010 NPT Review Conference.
   Article 2
   At the 2010 NPT Review Conference, the Union shall work, in particular, to ensure the States Parties to the NPT (hereinafter ‘the States Parties’) address the following priorities:

               1.

               a reaffirmation by all States Parties of their commitment to comply with their obligations and to fulfil the goals of the NPT and towards universal accession to the NPT;

               2.

               strengthening the implementation of the NPT through the adoption of a set of concrete, effective, pragmatic and consensual measures for stepping up international efforts against proliferation, pursuing disarmament and ensuring the responsible development of peaceful uses of nuclear energy and making progress on implementing the NPT 1995 Resolution on the Middle East;

               3.

               reaffirming the commitment to and stressing the need for concrete progress in nuclear arms control and disarmament processes, especially through an overall reduction in the global stockpile of nuclear weapons, in accordance with Article VI of the NPT, taking into account the special responsibility of the states that possess the largest arsenals, and agreement on specific and early measures, including achieving rapid entry into force of the Comprehensive Nuclear-Test-Ban Treaty (CTBT) and the start of negotiations in the Conference on Disarmament on a Treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices (FMCT) as indispensable steps towards fulfilment of the obligations and final objective enshrined in Article VI of the NPT;

               4.

               strengthening the effectiveness and comprehensiveness of the non-proliferation regime through making the conclusion of a Comprehensive Safeguards Agreement together with the Additional Protocol the verification standard, under Article III of the NPT;

               5.

               strengthening the NPT through a common understanding of States Parties on how to respond effectively to a State Party’s withdrawal from the NPT;

               6.

               upholding the NPT, bearing in mind current major proliferation challenges, in particular in the Democratic People’s Republic of Korea and the Islamic Republic of Iran, through a common understanding of States Parties on how to respond resolutely and effectively to cases of non-compliance;

               7.

               broadening acceptance and support of the concept of responsible development of peaceful uses of nuclear energy in the best safety, security and non-proliferation conditions and of multilateral approaches to the nuclear fuel cycle.

         Article 3
   For the purposes of the objective laid down in Article 1 and the priorities defined in Article 2, the Union shall:

               (a)

               contribute to a structured and balanced review of the operation of the NPT at the 2010 NPT Review Conference, including the implementation of undertakings of the States Parties under the NPT, as well as the identification of areas in which, and of means through which, further progress should be sought in future, in particular with a view to the 2015 NPT Review Conference;

               (b)

               help build a consensus on the basis of the framework established by the NPT by supporting the decisions and the Resolution on the Middle East adopted at the 1995 NPT Review and Extension Conference and the final document of the 2000 NPT Review Conference, and shall bear in mind the current situation, and shall promote, inter alia, the following essential issues:

                           1.

                           undertaking efforts to preserve the integrity of the NPT and to strengthen its authority and implementation;

                           2.

                           recognising that the NPT is a unique and irreplaceable multilateral instrument for maintaining and reinforcing international peace, security and stability, in that it establishes a legal framework for preventing proliferation of nuclear weapons and for developing further a verification system guaranteeing that non-nuclear-weapons states use nuclear energy solely for peaceful purposes, and that it represents the essential foundation for the pursuit of nuclear disarmament in accordance with Article VI thereof, and an important element in the further development of nuclear energy applications for peaceful purposes, stressing that the NPT, with its three mutually reinforcing pillars, represents joint security interests of all States Parties;

                           3.

                           stressing the absolute necessity of full compliance with all the provisions of the NPT by all States Parties;

                           4.

                           stressing the need for policies and strategies of States Parties to be consistent with the provisions of the NPT;

                           5.

                           working towards universal accession to the NPT; calling on all states not parties to the NPT to become States Parties without delay as non-nuclear-weapon States Parties and, pending their accession to the NPT, to adhere to its terms and pledge commitments to non-proliferation and disarmament;

                           6.

                           welcoming the contribution of civil society in promoting the principles and objectives of the NPT;

                     DISARMAMENT

                           7.

                           reaffirming the commitment to seeking a safer world for all and to creating the conditions for a world without nuclear weapons, in accordance with the goals of the NPT; convinced that intermediate steps on the path towards this objective can also represent significant increases in security for all;

                           8.

                           welcoming the considerable nuclear arms reductions which have taken place since the end of the Cold War, including by two Member States of the Union; stressing the need for an overall reduction in nuclear arsenals in the pursuit of gradual, systematic nuclear disarmament under Article VI of the NPT, taking into account the special responsibility of the states that possess the largest arsenals; welcoming, in this context, the negotiations on a new START agreement between the United States and the Russian Federation; reiterating the need for more progress in decreasing their arsenals and in reducing the operational readiness of their nuclear weapon systems to the minimum level necessary;

                           9.

                           with regard to non-strategic nuclear weapons:

                                       (i)

                                       calling on all States Parties possessing such weapons to include them in their general arms control and disarmament processes, with a view to their verifiable and irreversible reduction and elimination;

                                       (ii)

                                       agreeing to the importance of further transparency and confidence-building measures in order to advance this nuclear disarmament process;

                                       (iii)

                                       encouraging the United States and the Russian Federation to further develop the unilateral 1991/92 Presidential initiatives and to include non-strategic nuclear weapons in the next round of their bilateral nuclear arms reductions, leading to lower ceilings for the numbers of both strategic and non-strategic nuclear weapons in their arsenals;

                           10.

                           recognising the application of the principle of irreversibility to guide all measures in the field of nuclear disarmament and arms control, as a contribution to the maintenance and reinforcement of international peace, security and stability, taking these conditions into account;

                           11.

                           recognising the importance, from the point of view of nuclear disarmament, of the programmes for the destruction and elimination of nuclear weapons and the elimination of fissile material as defined under the G8 Global Partnership;

                           12.

                           pursuing efforts to secure verifiability, transparency and other confidence building measures by the nuclear powers to support further progress in disarmament; welcoming in this regard the increased transparency shown by some nuclear-weapon states, including by two Members States of the Union, on the nuclear weapons they possess, and calling on others to do likewise;

                           13.

                           reaffirming also the commitment to treaty-based nuclear arms control and disarmament and underlining the need to renew multilateral efforts and reactivate multilateral instruments, in particular the Conference on Disarmament;

                           14.

                           calling on states to sign and ratify the CTBT without delay and without conditions, particularly the nine remaining states listed in Annex II of the CTBT that have not yet done so, since the CTBT forms an essential part of the nuclear disarmament and non-proliferation regime, and with a view to its entry into force as soon as possible; welcoming in this regard the recent commitments by the United States towards early ratification of the CTBT;

                           15.

                           pending the entry into force of the CTBT, calling on all states to abide by a moratorium on nuclear test explosions, to refrain from any action contrary to the obligations and provisions of the CTBT and to dismantle, as soon as possible, all nuclear testing facilities in a manner that is transparent and open to the international community; highlighting the importance of and welcoming the work of the CTBT Organisation Preparatory Commission, particularly with regard to the International Monitoring System;

                           16.

                           welcoming the adoption by consensus in 2009 of the Programme of Work of the Conference on Disarmament and, on this basis, appealing for the immediate commencement and early conclusion of the negotiations on a FMCT, on the basis of document CD/1299 of 24 March 1995 and the mandate contained therein, as agreed in Decision of 29 May 2009 of the Conference on Disarmament for the establishment of a Programme of Work for the 2009 session (CD/1864);

                           17.

                           pending entry into force of a FMCT, calling on all states concerned to declare and uphold an immediate moratorium on the production of fissile material for nuclear weapons or other nuclear explosive devices, as well as to dismantle or convert for non-explosive use only the facilities dedicated to the production of fissile materials for nuclear weapons; welcoming the action of those of the five nuclear-weapon states, in particular within the Union, which have decreed the relevant moratoria and dismantled such facilities;

                           18.

                           calling on all states concerned to take appropriate practical measures in order to reduce the risk of accidental nuclear war;

                           19.

                           pursuing consideration of the issue of security assurances to the non-nuclear-weapon States Parties;

                           20.

                           calling on nuclear-weapon states to reaffirm existing security assurances noted by the United Nations Security Council in Resolution 984 (1995), recognizing that such security assurances strengthen the nuclear non-proliferation regime, and to sign and ratify the relevant protocols to the Treaties establishing nuclear-weapon free zones drawn up following the requisite consultations in accordance with 1999 United Nation Disarmament Commission (UNDC) guidelines, recognising that treaty-based security assurances are available to such zones;

                           21.

                           stressing the need to advance the general arms control and disarmament processes and calling for further progress on all aspects of disarmament to enhance global security;

                           22.

                           working for the start of consultations on a Treaty banning short- and intermediate-range ground-to-ground missiles;

                           23.

                           calling for universal accession to, and effective implementation of the Hague Code of Conduct against Ballistic Missile Proliferation;

                           24.

                           highlighting the importance of universal accession and implementation of the Biological and Toxin Weapons Convention, the Chemical Weapons Convention and the conventions, measures and initiatives contributing to conventional arms control;

                           25.

                           working for the resolution of the problems of regional instability and insecurity and of the conflict situations which are often at the root of armament programmes;

                     NON-PROLIFERATION

                           26.

                           recognising that major nuclear proliferation challenges have occurred in recent years, in particular in the Democratic People’s Republic of Korea and the Islamic Republic of Iran, stressing that the international community must be ready to face up to them and stressing the need to take resolute action in response;

                           27.

                           stressing the need to strengthen the role of the United Nations Security Council, as final arbiter, in order that it can take appropriate action in the event of non-compliance with NPT obligations, in keeping with the Statute of the International Atomic Energy Agency (IAEA), including the application of safeguards;

                           28.

                           drawing attention to the potential implications for international peace and security of withdrawal from the NPT; urging the international community to respond to a notice of withdrawal and its consequences with purpose and urgency; stressing the requirement for the United Nations Security Council to act promptly and, in particular, to address without delay any State Party’s notice of withdrawal from the NPT; urging States Parties to promote the adoption of measures in this regard, including arrangements for maintaining adequate IAEA safeguards on all nuclear materials, equipment, technologies and facilities developed for peaceful purposes;

                           29.

                           calling for nuclear cooperation to be suspended where the IAEA is not able to provide adequate assurances that a state’s nuclear programme is designed exclusively for peaceful purposes, until such time as the IAEA is able to provide such assurances;

                           30.

                           calling upon all states in the region to make progress towards, inter alia, the establishment of an effectively verifiable Middle East zone free of nuclear weapons and other weapons of mass destruction and their delivery systems, and to refrain from taking measures that preclude the achievement of this objective; acknowledging the importance of reaching agreement on concrete practical steps as part of a process, involving all states of the region, aimed at facilitating the implementation of the 1995 NPT Resolution on the Middle East;

                           31.

                           calling also upon all States Parties, and in particular the nuclear-weapon States Parties, to extend their cooperation and to exert their utmost efforts towards the establishment by regional parties of an effectively verifiable Middle East zone free of nuclear weapons and other weapons of mass destruction and their delivery systems, in keeping with the 1995 NPT Resolution on the Middle East;

                           32.

                           since security in Europe is linked to security in the Mediterranean, giving high priority to implementation of the nuclear non-proliferation regime in that region;

                           33.

                           acknowledging the importance of nuclear-weapon-free zones for peace and security, on the basis of arrangements freely entered into between the states of the region concerned, in accordance with 1999 UNDC guidelines;

                           34.

                           stressing the need to do everything possible to prevent the risk of nuclear terrorism, linked to possible terrorist access to nuclear weapons or materials that could be used in the manufacture of radiological dispersal devices and, in this context, stressing the need for compliance with obligations under United Nations Security Council Resolutions 1540 (2004) and 1887 (2009) and calling for improved nuclear security for high radioactive sources;

                           35.

                           calling on all states that have not yet done so, to sign, ratify and implement the International Convention for the Suppression of Acts of Nuclear Terrorism, as important part of the international legal framework to address the threats of nuclear terrorism;

                           36.

                           in the light of the increased threat of nuclear proliferation and terrorism, supporting the G8 Global Partnership Initiative and IAEA action and other multilateral mechanisms in this regard, such as the Proliferation Security Initiative, the Global Initiative to Combat Nuclear Terrorism and the Global Threat Reduction Initiative; welcoming the security objectives of the Global Nuclear Security Summit;

                           37.

                           recognising that Comprehensive Safeguards Agreements with Additional Protocols have a deterrent effect on nuclear proliferation and form today’s verification standard;

                           38.

                           continuing to work towards universalisation and strengthening of the IAEA safeguards system to ensure greater detectability of violations of non-proliferation obligations, in particular through the adoption and implementation by all states concerned of the Comprehensive Safeguards Agreement together with the Additional Protocol and, where relevant, the Revised Small Quantities Protocol, and for further strengthening the safeguards system;

                           39.

                           working for recognition by the 2010 NPT Review Conference and the IAEA Board of Governors, that the conclusion and implementation of a Comprehensive Safeguards Agreement together with an Additional Protocol is today’s verification standard, under Article III of the NPT;

                           40.

                           highlighting the IAEA’s unique role in verifying states’ compliance with their nuclear non-proliferation commitments;

                           41.

                           stressing further the IAEA’s important role in assisting them, on request, to improve the security of nuclear materials and installations, and calling on states to support the IAEA;

                           42.

                           recognising the importance of appropriate effective export controls, in compliance with United Nations Security Council Resolutions 1540 (2004) and 1887 (2009) and in accordance with paragraph 2 of Article III of the NPT;

                           43.

                           implementing, at national level, effective export, transit, transhipment and re-export controls, including appropriate laws and regulations for that purpose, and resolute international and national efforts to combat proliferation financing and to control access to intangible transfers of technology;

                           44.

                           enacting effective criminal sanctions against acts of proliferation, in order to deter illegal export, transit, brokering, trafficking and related financing, in compliance with United Nations Security Council Resolution 1540 (2004);

                           45.

                           urging the Zangger Committee and the Nuclear Suppliers Group (NSG) to share their experience on export controls, so that all states can draw on the arrangements of the Zangger Committee and the NSG guidelines and their implementation;

                           46.

                           pointing out the need to finalise at an early date the strengthening of the NSG guidelines, in particular on strengthened export controls on enrichment and reprocessing technologies, and to work within the NSG towards making the adherence to the Additional Protocol a condition for nuclear supply;

                           47.

                           calling on the States Parties to the Convention on the Physical Protection of Nuclear Material to ratify as soon as possible the Amendment to the Convention, in order to expedite its entry into force;

                           48.

                           encouraging the development of proliferation-resistant and safeguards-friendly technologies;

                     PEACEFUL USES OF NUCLEAR ENERGY

                           49.

                           recognising the right of States Parties to use nuclear energy for peaceful purposes, in accordance with Article IV the NPT, with due regard for Articles I, II and III thereof, inter alia, in the area of production of electricity, industry, health and agriculture;

                           50.

                           remaining committed to assuring a responsible development of peaceful uses of nuclear energy in the best safety, security and non-proliferation conditions;

                           51.

                           in that respect, encouraging the States Parties to reaffirm and comply with the principles and standards governing the responsible development of peaceful uses of nuclear energy;

                           52.

                           underlining the importance of continuing international cooperation in order to strengthen nuclear safety, safe waste management, radiological protection and civil nuclear liability and calling upon states that have not yet done so to accede to all the relevant conventions as soon as possible and to implement fully the ensuing commitments;

                           53.

                           supporting national, bilateral and international efforts to train the necessary skilled workforce required to ensure the responsible development of peaceful uses of nuclear energy under the best safety, security and non-proliferation conditions;

                           54.

                           remaining firmly convinced of the benefits of multilateral approaches to the nuclear fuel cycle, in which assurance mechanisms, singly or in conjunction with other complementary mechanisms, should not act to distort the existing well-functioning market, and should address the right of peaceful uses of nuclear energy by providing nuclear fuel supply security for countries developing a nuclear programme in the best safety, security and non-proliferation conditions;

                           55.

                           acknowledging that several initiatives, including the establishment of a Low Enriched Uranium bank under the control of the IAEA, can provide back-up mechanisms to interested countries and facilitate lasting multilateral solutions;

                           56.

                           encouraging and engaging in further dialogue and consultation to clarify outstanding issues and to increase support for the concept of multilateral approaches to the nuclear fuel cycle.

         Article 4
   Action taken by the Union for the purposes of Articles 1, 2 and 3 shall comprise:

               (a)

               demarches with regard to States Parties, and, where appropriate, with regard to states not parties to the NPT, in order to urge their support for the objectives set out in Articles 1, 2 and 3 of this Decision;

               (b)

               the pursuit of agreement by Member States on draft proposals on substantive issues for submission on behalf of the Union for consideration by States Parties which may form the basis for decisions of the 2010 NPT Review Conference;

               (c)

               statements by the Union in the General Debate and in the debates in the three Main Committees and their Subsidiary Bodies of the 2010 NPT Review Conference.

         Article 5
   This Decision shall take effect on the date of its adoption.
   Article 6
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 29 March 2010.

            For the Council

            The President

         E. ESPINOSA

      (1)  OJ L 165, 17.6.2006, p. 30.

      (2)  OJ L 127, 15.5.2008, p. 78.

      (3)  OJ L 107, 17.4.2008, p. 62.

      (4)  OJ L 189, 17.7.2008, p. 28.

      (5)  OJ L 106, 27.4.2005, p. 32.

      (6)  NPT/CONF.2010/PC.III/WP.26.


title: 2006/358/EC,Euratom: Council Decision of  15 May 2006  appointing a Lithuanian member of the European Economic and Social Committee

text:
               20.5.2006

               EN

               Official Journal of the European Union

               L 134/32

      COUNCIL DECISION

   of 15 May 2006
   appointing a Lithuanian member of the European Economic and Social Committee
   (2006/358/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),
   Having regard to the nomination submitted by the Lithuanian Government,
   Having obtained the opinion of the European Commission,
   Whereas a Lithuanian member's seat on the above Committee has fallen vacant following the resignation of Mr Rolandas DOMEIKA,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Ms Jovita MOTIEJŪNIENĖ is hereby appointed a member of the European Economic and Social Committee in place of Mr Rolandas DOMEIKA for the remainder of his term of office, namely until 20 September 2006.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 15 May 2006.

            For the Council

            The President

         U. PLASSNIK

      (1)  OJ L 253, 21.9.2002, p. 9.