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31975D0782

75/782/ECSC: Commission Decision of 24 November 1975 relating to the Mixed Committee on the harmonization of working conditions in the coal industry

Official Journal L 329 , 23/12/1975 P. 0035 - 0036 Finnish special edition: Chapter 5 Volume 1 P. 0187  Spanish special edition: Chapter 05 Volume 2 P. 0064  Swedish special edition: Chapter 5 Volume 1 P. 0187  Portuguese special edition Chapter 05 Volume 2 P. 0064

COMMISSION DECISION  of 24 November 1975  relating to the Mixed Committee on the harmonization of working conditions in the coal industry  (75/782/ECSC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community;  Whereas a Mixed Committee for the harmonization of working conditions in the coal industry was created by the High Authority in 1955 pursuant to a resolution of the Consultative Committee of 20 December 1954;  Whereas it is considered desirable that such comprehensive rules should now be formally laid down;  Whereas both sides of the coal industry have been consulted on the following provisions and have expressed their agreement to them,  HAS DECIDED AS FOLLOWS:    Article 1 1. The Mixed Committee for the harmonization of working conditions in the coal industry ("the Mixed Committee") shall assist the Commission of the European Communities ("the Commission") in formulating and implementing Community social policy as provided for in the European Coal and Steel Treaty, in order to promote improved working conditions and an improved standard of living for the workers in the coal industry so as to make possible their harmonization while the improvement is being maintained.  2. The Mixed Committee shall consitute a forum for discussion, for the exchange of information and for consultations between the two sides of the industry.  3. It shall carry out the studies required for the fulfilment of its mission, organize, as appropriate, conferences or seminars on social problems, draw up reports and formulate opinions or recommendations either at the request of the Commission or on its own initiative.  If an opinion is not unanimous, the Mixed Committee shall report the differing opinions to the Commission.   Article 2 1. The Mixed Committee shall consist of representatives of:    - workers' associations,       - employers' associations.         2. The members of the mixed Committee shall be appointed by the Commission from these two groups on a proposal from the following organizations:  workers' association:    - set up at Community level:    - Inter-trade Union Committee of Miners' and Metalworkers' Free Trade Unions in the European Communities,       - International Federation of Christian Miners Unions;       - set up at national level with the status of observer:    - Fédération Nationale des Travailleurs du Sous-sol;         employers' associations:    - set up at Community level:    - Association of the Coal Producers of the European Community.         3. The number of representatives in the workers' and employers' groups shall not be higher than 20 in each case.  4. Representatives of the Governments of the Member States may participate in the work of the Mixed Committee in an advisory capacity or as observers.   Article 3 1. Members of the Mixed Committee shall hold office for a term of four years ; appointments shall be renewable. Members whose term has expired shall remain in office until they have been replaced or their term of office has been renewed.  2. The term of office may cease before the expiration of the period of four years upon the resignation or death of the member or if the association which nominated him for appointment requests that he be replaced.   3. A member of the Mixed Committee may be replaced at a meeting which he is unable to attend, or at which special problems are to be discussed by another representative of his association.   Article 4 1. The chairmanship of the Mixed Committee shall be held for periods of one year alternately by a representative of the workers' and by a representative of the employers' groups, appointed on a proposal of the group concerned.  2. A vice-chairman, not belonging to the same group as the chairman, shall be appointed in the same manner.  3. A chairman or vice-chairman whose term of office has expired shall remain in office until he has been replaced.  4. Should the chairman or vice-chairman cease to hold office before expiry of its term, he shall be replaced for the remainder of the term on a proposal from the group to which he belonged.  5. Should both the chairman and the vice-chairman be unable to attend a particular meeting, then in respect of that meeting the chair shall be taken by a member of the Mixed Committee designated by the group to whom the chairman belongs.  6. The group to provide the chairman in the first instance shall be chosen by drawing lots.   Article 5 The Commission shall provide secretarial services for the Mixed Committee.   Article 6 1. Meetings of the Mixed Committee shall be convened by its chairman and vice-chairman either at the request of the Commission or at the joint request of the workers' and employers' groups. The convocation shall be sent by the secretariate.  2. A representative of each of the organizations, set up at Community level, referred to in Article 2 may attend the meetings of the Mixed Committee as an observer.  3. The representatives of the Commission departments concerned shall attend the meetings of the Mixed Committee.   Article 7 The Mixed Committee may set up working groups to assist it. It may ask the Commission to appoint experts to assist it in specific tasks.   Article 8 The members of the Mixed Committee and the persons entitled to be present at its meetings shall be bound not to disclose any information acquired at such meetings should the Commission or the Mixed Committee consider such information to be of a confidential nature.   Article 9 This Decision shall have effect from 24 November 1975.     Done at Brussels, 24 November 1975.  For the Commission  Vice-President  Patrick J. HILLERY


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31981D0963

81/963/EEC: Council Decision of 24 November 1981 on the granting of exceptional cereals food aid to the United Republic of Tanzania

Official Journal L 354 , 09/12/1981 P. 0023 - 0023

+++++( 1 ) OJ NO L 141 , 27 . 5 . 1981 , P . 37 .  COUNCIL DECISION OF 24 NOVEMBER 1981 ON THE GRANTING OF EXCEPTIONAL CEREALS FOOD AID TO THE UNITED REPUBLIC OF TANZANIA ( 81/963/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 PROPOSAL FROM THE COMMISSION ,  WHEREAS THE COUNCIL , BY DECISION 81/367/EEC ( 1 ) , RESERVED CERTAIN QUANTITIES UNDER THE 1981 CEREALS FOOD-AID PROGRAMME FOR EMERGENCY OPERATIONS AND OTHER CONTINGENCIES ;  WHEREAS QUANTITIES ARE STILL AVAILABLE UNDER THIS RESERVE ;  WHEREAS THE COMMUNITY HAS RECEIVED FROM THE UNITED REPUBLIC OF TANZANIA A REQUEST FOR A FOOD-AID OPERATION ;  WHEREAS THE COMMUNITY SHOULD GIVE A FAVOURABLE REPLY TO THIS REQUEST ,  HAS DECIDED AS FOLLOWS :  SOLE ARTICLE  EXCEPTIONAL CEREALS FOOD AID UNDER THE RESERVE FOR THE 1981 CEREALS FOOD-AID PROGRAMME SHALL BE ALLOCATED AS FOLLOWS :  RECIPIENT * QUANTITY ( IN TONNES ) * DELIVERY TERMS  UNITED REPUBLIC OF TANZANIA * 10 000 * CIF  DONE AT BRUSSELS , 24 NOVEMBER 1981 .  FOR THE COUNCIL  THE PRESIDENT  N . RIDLEY


title: 2004/732/CFSP:Political and Security Committee Decision BiH/1/2004 of 21 September 2004 on the acceptance of third States' contributions to the European Union military operation in Bosnia and Herzegovina

text:
               27.10.2004

               EN

               Official Journal of the European Union

               L 324/20

      POLITICAL AND SECURITY COMMITTEE DECISION BiH/1/2004
   of 21 September 2004
   on the acceptance of third States' contributions to the European Union military operation in Bosnia and Herzegovina
   (2004/732/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 25, third paragraph, thereof,
   Having regard to the Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 11(2) thereof on the participation of third States,
   Whereas:

               (1)

               Upon request of the Political and Security Committee and in accordance with the tasking by the European Union Military Committee (EUMC), the EU Operation Commander and EU Force Commander have conducted the Force Generation and Manning Conferences on 15 September 2004.

               (2)

               On 20 September 2004, following the recommendation of the EU Operation Commander on third States' contributions, the EUMC agreed to recommend to the Political and Security Committee to accept these third States' contributions.

               (3)

               The Copenhagen European Council adopted on 12 and 13 December 2002 a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Third States' contributions
   Following Force Generation and Manning Conferences, contributions from the third States set out in the Annex are accepted for the EU military operation in Bosnia and Herzegovina.
   Article 2
   Entry into force
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 21 September 2004.

            For the Political and Security Committee

            The Chairperson

         A. HAMER

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

      ANNEX
      LIST OF THIRD STATES REFERRED TO IN ARTICLE 1

                  —

                  Argentina

                  —

                  Bulgaria

                  —

                  Canada

                  —

                  Chile

                  —

                  Morocco

                  —

                  New Zealand

                  —

                  Norway

                  —

                  Romania

                  —

                  Switzerland

                  —

                  Turkey


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31980D0157

80/157/EEC: Council Decision of 21 January 1980 amending Decision 75/365/EEC setting up a Committee of Senior Officials on Public Health

Official Journal L 033 , 11/02/1980 P. 0015 - 0016 Finnish special edition: Chapter 6 Volume 2 P. 0055  Greek special edition: Chapter 06 Volume 2 P. 0086  Swedish special edition: Chapter 6 Volume 2 P. 0055  Spanish special edition: Chapter 06 Volume 2 P. 0102  Portuguese special edition Chapter 06 Volume 2 P. 0102

COUNCIL DECISION  of 21 January 1980  amending Decision 75/365/EEC setting up a Committee of Senior Officials on Public Health  (80/157/EEC)    THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the draft Decision from the Commission,  Whereas by Decision 75/365/EEC (1) the Council set up a Committee of Senior Officials on Public Health which has as its task to identify and analyse any difficulties which might arise from the implementation of the Directives relating to the right of establishment and freedom to provide services by doctors, to collect all relevant information on the conditions under which medical care is given in the Member States and to deliver opinions which could guide the Commission's work with a view to possible amendment of the said Directives;  Whereas that Decision has been amended by Decisions 77/455/EEC (2) and 78/689/EEC (3), which entrust the Committee of Senior Officials on Public Health with the same task in relation to the implementation of the measures adopted by the Council regarding the effective exercise of the right of establishment and freedom to provide services of nurses responsible for general care and of dental practitioners;  Whereas the application of the measures adopted by the Council as regards the effective exercise of the right of establishment and freedom to provide services and the coordination of provisions laid down by law, regulation or administrative action in respect of activities of midwives may give rise to problems which should be examined jointly;  Whereas the Committee of Senior Officials on Public Health should be entrusted with this task;  Whereas the terms of reference of that Committee should be extended accordingly,  HAS DECIDED AS FOLLOWS:    Sole Article Article 2 of Decision 75/365/EEC shall be replaced by the following:  "Article 2  The task of the Committee shall be:    - to identify and analyse any difficulties which might arise from the implementation of Directives 75/362/EEC (1), 75/363/EEC (2), 77/452/EEC (3), 77/453/EEC (4), 78/686/EEC (5), 78/687/EEC (6), 80/154/EEC (7) and 80/155/EEC (8),       - to collect all relevant information on:      - the conditions under which general and specialist medical care is given by doctors in the Member States,       - the conditions under which nursing care is given in the Member States by nurses responsible for general care,       - the conditions under which general and specialist dental care is given by dental practitioners in the Member States,       - the conditions under which the activities of midwives are carried out in the Member States,       - to deliver opinions to guide the Commission's work with a view to possible amendment of the abovementioned Directives.       (1)See page 1 of this Official Journal.      (2)See page 14 of this Official Journal.      (3)OJ No L 176, 15.7.1977, p. 1.      (4)OJ No L 176, 15.7.1977, p. 8.      (5)OJ No L 233, 24.8.1978, p. 1.      (6)OJ No L 233, 24.8.1978, p. 10.      (7)OJ No L 33, 11.2.1980, p. 1.      (8)OJ No L 33, 11.2.1980, p. 8."  (1)OJ No L 167, 30.6.1975, p. 19. (2)OJ No L 176, 15.7.1977, p. 13. (3)OJ No L 233, 24.8.1978, p. 17.    Done at Brussels, 21 January 1980.  For the Council  The President  G. MARCORA


title: Rules of Procedure: extending the applicability of Rule 139 European Parliament decision of 11 March 2009 extending the applicability of Rule 139 of Parliament’s Rules of Procedure until the end of the seventh parliamentary term

text:
               1.4.2010

               EN

               Official Journal of the European Union

               CE 87/186

         Wednesday 11 March 2009Rules of Procedure: extending the applicability of Rule 139
   P6_TA(2009)0116
   European Parliament decision of 11 March 2009 extending the applicability of Rule 139 of Parliament’s Rules of Procedure until the end of the seventh parliamentary term
   2010/C 87 E/40

      The European Parliament,

   having regard to Article 290 of the EC Treaty,
   having regard to Council Regulation No 1 of 15 April 1958 determining the languages to be used by the European Economic Community (1), as last amended by Council Regulation (EC) No 920/2005 (2),
   having regard to the Code of Conduct on Multilingualism adopted by the Bureau on 17 November 2008,
   having regard to the Bureau’s decision of 13 December 2006 on a derogation from Rule 138 and its subsequent decisions extending that derogation until the end of the current parliamentary term,
   having regard to Rules 138 and 139 of its Rules of Procedure,

               A.

               whereas, pursuant to Rule 138, all Parliament’s documents are to be drawn up in the official languages, and all Members have the right to speak in Parliament in the official language of their choice, with interpretation into the other official languages,

               B.

               whereas, under Rule 139, derogations from Rule 138 are permissible until the end of the sixth parliamentary term if, and to the extent that, despite adequate precautions, the linguists required for an official language are not available in sufficient numbers; whereas with respect to each official language for which a derogation is considered necessary, the Bureau, on a proposal from the Secretary-General, shall ascertain whether the conditions are fulfilled, and the Bureau shall review its decision every six months,

               C.

               whereas, on 13 December 2006, the Bureau accepted that the difficulties of providing sufficient language cover for Maltese, Romanian, Bulgarian and Irish were such that the conditions were fulfilled for a derogation from Rule 138 in respect of each of those languages; whereas by subsequent Bureau decisions those derogations have been extended such that, from 1 January 2009 until the end of the parliamentary term, a derogation applies in respect of Bulgarian and Romanian (interpretation), Czech (interpretation during the Czech Council Presidency), Maltese (interpretation and translation) and Irish (interpretation, translation and legal-linguistic verification),

               D.

               whereas Council Regulation (EC) No 920/2005 provides for temporary (renewable) derogation measures for a five-year period in respect of Irish,

               E.

               whereas, despite all adequate precautions, the capacity in Irish and Maltese is not expected to be such as to allow a full interpretation service in those languages from the beginning of the seventh parliamentary term; whereas, for certain other languages, although there will be sufficient capacity to cover the needs arising from the usual activities of Parliament, the number of interpreters may not be sufficient to allow full coverage of all the extra needs expected during the Council Presidencies of the Member States concerned during the seventh parliamentary term,

               F.

               whereas, despite sustained and continuous interinstitutional efforts, the number of qualified translators and lawyer-linguists is still expected to be so limited as regards Irish that, for the foreseeable future, only a reduced coverage of that language can be assured; whereas Council Regulation (EC) No 920/2005 does not require legislation of the European Union adopted before 1 January 2007 (‘the Acquis’) to be translated into Irish; whereas, as a result of the derogation measures laid down in that Regulation, only Commission proposals for codecision regulations are currently being presented in Irish and, as long as this situation persists, it will not be possible for Parliament’s services to prepare Irish versions of other types of legal act,

               G.

               whereas, during the seventh parliamentary term, other European States may become members of the European Union; whereas, for the new languages concerned, linguists may not be available in sufficient numbers from the day of accession, which will require transitional measures,

               H.

               whereas Rule 139(4) provides that, on a reasoned recommendation from the Bureau, Parliament may decide, at the end of the parliamentary term, to extend that Rule,

               I.

               whereas, in the light of the foregoing, the Bureau has recommended that Rule 139 be extended until the end of the seventh parliamentary term,

               1.

               Decides to extend the applicability of Rule 139 of Parliament’s Rules of Procedure until the end of the seventh parliamentary term;

               2.

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

      (1)  OJ 17, 6.10.1958, p. 385.

      (2)  OJ L 156, 18.6.2005, p. 3.


title: Council Decision (CFSP) 2015/837 of 28 May 2015 amending Decision 2013/255/CFSP concerning restrictive measures against Syria

text:
               29.5.2015

               EN

               Official Journal of the European Union

               L 132/82

         COUNCIL DECISION (CFSP) 2015/837
   of 28 May 2015
   amending Decision 2013/255/CFSP concerning restrictive measures against Syria
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 31 May 2013, the Council adopted Decision 2013/255/CFSP (1).

               (2)

               On 28 May 2014, the Council adopted Decision 2014/309/CFSP (2), extending the restrictive measures set out in Decision 2013/255/CFSP until 1 June 2015.

               (3)

               On the basis of a review of Decision 2013/255/CFSP, the restrictive measures should be further extended until 1 June 2016.

               (4)

               In view of the gravity of the situation, one person should be added to the list of natural and legal persons, entities and bodies subject to restrictive measures in Annex I to Decision 2013/255/CFSP.

               (5)

               One person should no longer be kept on the list of natural and legal persons, entities and bodies subject to restrictive measures in Annex I to Decision 2013/255/CFSP.

               (6)

               The information relating to certain persons listed in Section A of Annex I to Decision 2013/255/CFSP should be updated.

               (7)

               Following the judgment of the General Court of 9 July 2014 in joined cases T-329/12 and T-74/13, Mazen Al-Tabbaa v Council (3), and the judgment of the General Court of 26 February 2015 in case T-652/11, Bassam Sabbagh v Council (3), Mazen Al-Tabbaa and Bassam Sabbagh are not included on the list of natural and legal persons, entities and bodies subject to restrictive measures in Annex I to Council Decision 2013/255/CFSP.

               (8)

               In addition, on 12 February 2015, the United Nations Security Council adopted Resolution 2199 (2015), paragraph 17 of which prohibits the trade in Syrian cultural property and other items of archaeological, historical, cultural, rare scientific, and religious importance illegally removed from Syria since 15 March 2011.

               (9)

               Decision 2013/255/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2013/255/CFSP is amended as follows:

               (1)

               Article 13a is replaced by the following:
               ‘Article 13a
               It shall be prohibited to import, export, transfer or provide related brokering services for cultural property and other items of archaeological, historical, cultural, rare scientific and religious importance which have been illegally removed from Syria, or where reasonable suspicion exists that they have been illegally removed from Syria, on or after 15 March 2011. The prohibition shall not apply if it is shown that the cultural items are being safely returned to their legitimate owners in Syria.
               The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.’.

               (2)

               Article 34 is replaced by the following:
               ‘Article 34
               This Decision shall apply until 1 June 2016. It shall be kept under constant review. It may be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.’.
         Article 2
   Annex I to Decision 2013/255/CFSP is amended as set out in the Annex to this Decision.
   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 May 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (OJ L 147, 1.6.2013, p. 14).

      (2)  Council Decision 2014/309/CFSP of 28 May 2014 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ L 160, 29.5.2014, p. 37).

      (3)  Not yet published.

      ANNEX

                  I.

                  The following person is added to the list of persons set out in Section A of Annex I to Decision 2013/255/CFSP:

                              Name

                              Identifying information

                              Reasons

                              Date of listing

                              206.

                           General Muhamad (
                                 ) (a.k.a. Mohamed, Muhammad) Mahalla (
                                 ) (a.k.a. Mahla, Mualla, Maalla, Muhalla)

                              Born in Jableh/Lattakia Province.

                              Head of the Syrian Military Intelligence (SMI), Branch 293 (Internal Affairs), since April 2015. Responsible for repression and violence against the civilian population in Damascus/ Damascus countryside.
                              Former Deputy Head of Political Security (2012), Officer of the Syrian Republican Guard and Vice-Director of the Political Security Directorate. Head of Military Police, Member of the National Security Bureau.

                              29.5.2015

                  II.

                  The entry concerning the following person is deleted from the list of persons set out in Section A of Annex I to Decision 2013/255/CFSP:
                  No 11. Rustum () Ghazali ()

                  III.

                  The entries concerning the persons listed below, as set out in Section A of Annex I to Decision 2013/255/CFSP, are replaced by the following entries:

                              Name

                              Identifying information

                              Reasons

                              Date of listing

                              3.

                           Ali (
                                 ) Mamluk (
                                 ) (a.k.a. Mamlouk)

                              Date of birth: 19 February 1946;
                              Place of birth: Damascus;
                              Diplomatic passport No 983

                              Director of the National Security Bureau. Former Head of Syrian Intelligence Directorate (GID) involved in violence against demonstrators.

                              9.5.2011

                              6.

                           Muhammad (
                                 ) Dib (
                                 ) Zaytun (
                                 ) (a.k.a. Mohammed Dib Zeitoun; a.k.a. Mohamed Dib Zeitun)

                              Date of birth: 20 May 1951;
                              Place of birth: Damascus;
                              Diplomatic passport No D000001300

                              Head of General Security Directorate; involved in violence against demonstrators.

                              9.5.2011

                              16.

                           Faruq (
                                 ) (a.k.a. Farouq, Farouk) Al Shar' (
                                 ) (a.k.a. Al Char', Al Shara', Al Shara)

                              Date of birth: 10 December 1938

                              Former Vice-President of Syria; involved in violence against the civilian population

                              23.5.2011

                              37.

                           Brigadier-General Rafiq (
                                 ) (a.k.a. Rafeeq) Shahadah (
                                 ) (a.k.a. Shahada, Shahade, Shahadeh, Chahada, Chahade, Chahadeh, Chahada)

                              Former Head of Syrian Military Intelligence (SMI) Branch 293 (Internal Affairs) in Damascus. Directly involved in repression and violence against the civilian population in Damascus. Advisor to President Bashar Al-Assad for strategic questions and military intelligence.

                              23.8.2011

                              42.

                           Brigadier-General Nawful (
                                 ) (a.k.a. Nawfal, Nofal, Nawfel) Al-Husayn (
                                 ) (a.k.a. Al-Hussain, Al-Hussein)

                              Idlib Syrian Military Intelligence (SMI) Branch Chief. Directly involved in repression and violence against the civilian population in Idlib province.

                              23.8.2011

                              44.

                           Brigadier-General Muhammed (
                                 ) (a.k.a. Muhamad) Zamrini (
                                 ) (a.k.a. Zamreni)

                              Branch Chief for Syrian Military Intelligence (SMI) in Homs. Directly involved in repression and violence against the civilian population in Homs.

                              23.8.2011

                              53.

                           Adib (
                                 ) Mayaleh (
                                 ) (a.k.a. André Mayard)

                              Born: 15 May 1955
                              Place of birth: Bassir

                              Adib Mayaleh is responsible for providing economic and financial support to the Syrian regime through his functions as the Governor of the Central Bank of Syria.

                              15.5.2012

                              55.

                           Colonel Lu'ai (
                                 ) (a.k.a. Louay, Loai) al-Ali (
                                 )

                              Head of Syrian Military Intelligence, Dara'a Branch. Responsible for the violence against protesters in Dara'a.

                              14.11.2011

                              80.

                           Brigadier Nazih (
                                 ) (a.k.a. Nazeeh) Hassun (
                                 ) (a.k.a. Hassoun)

                              Head of Syrian Military Intelligence, Damascus Countryside/Rif Dimashq Branch, former Syrian Air Force Intelligence. Military official involved in the violence in Homs.

                              1.12.2011

                              137

                           Brigadier General Ibrahim (
                                 ) Ma'ala (
                                 ) (a.k.a. Maala, Maale, Ma'la)

                              Head of branch 285 (Damascus) of the General Intelligence Directorate (replaced Brig. Gen. Hussam Fendi at end 2011). Responsible for the torture of opponents in custody.

                              24.7.2012


               2.9.2016

               EN

               Official Journal of the European Union

               C 324/16

         P8_TA(2015)0084
   Request for waiver of the immunity of Ivan Jakovčić
   European Parliament decision of 25 March 2015 on the request for waiver of the immunity of Ivan Jakovčić (2014/2169(IMM))
   (2016/C 324/03)

      The European Parliament,

               —

               having regard to the request for waiver of the immunity of Ivan Jakovčić, forwarded on 5 September 2014 by the lawyer of the injured party as plaintiff in connection with criminal proceedings pending before the Municipal Court in Pazin (Croatia)(Ref. No K-143/14), and announced in plenary on 23 October 2014,

               —

               having regard to the letters of the Permanent Representative of the Republic of Croatia to the EU of 14 February 2014 and of 16 January 2015 confirming that, under the relevant provisions of Croatian law, an injured party as plaintiff is allowed to request the waiver of the immunity of a Croatian Member of the European Parliament,

               —

               having heard Ivan Jakovčić in accordance with Rule 9(5) of its Rules of Procedure,

               —

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

               —

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

               —

               having regard to its resolution of 24 April 2009 on parliamentary immunity in Poland (2),

               —

               having regard to Articles 23 and 28 of the Standing Orders of the Croatian Parliament,

               —

               having regard to Article 61(1) of the Croatian Criminal Procedure Code,

               —

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

               —

               having regard to the report of the Committee on Legal Affairs (A8-0059/2015),

               A.

               whereas the lawyer of a private plaintiff has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Ivan Jakovčić, in connection with legal proceedings concerning an alleged offence of defamation;

               B.

               whereas by letter of 14 February 2014 the Permanent Representative of the Republic of Croatia to the EU informed the President of Parliament that, failing specific procedural rules with regard to the request for waiver of the immunity of Croatian Members of the European Parliament, the provisions governing the requests for waiver of immunity of Members of the national Parliament should apply and that, under those provisions, the request for approval of pre-trial detention (remand) or for initiation of criminal proceedings against a Member may be made by any authorised state body, the injured party as plaintiff or a private plaintiff;

               C.

               whereas by letter of 16 January 2015 the Permanent Representative of the Republic of Croatia to the EU confirmed that the legal proceedings in connection with which the waiver of Mr Jakovčić’s immunity had been requested were actually pending before the competent court in Croatia;

               D.

               whereas, according to Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament may not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties;

               E.

               whereas the purpose of this provision is to ensure that Members of the European Parliament enjoy freedom of speech as a matter of principle, but whereas this entitlement to free speech does not authorise slander, libel, incitement to hatred or questioning the honour of others;

               F.

               whereas the request for waiver relates to criminal proceedings instituted against Mr Jakovčić under Article 147(1) and (2) of the Croatian Criminal Code in connection with defamatory statements that he is alleged to have made in an interview with HRT Croatian Radiotelevision on 22 July 2014;

               G.

               whereas under Article 61(1) of the Croatian Criminal Procedure Code (Zakon o kaznenom postupku), in the case of private prosecution the private charge must be submitted within three months of the day on which the authorised physical or legal person came to the knowledge of the offence and its perpetrator;

               H.

               whereas, according to Rule 9(2) of Parliament’s Rules of Procedure, requests for the waiver of immunity must be considered without delay, but with regard to their relative complexity;

               I.

               whereas Mr Jakovčić was a Member of the European Parliament at the time of the interview; whereas, however, the statements alleged to have been made relate to a matter which dates back to a time when he did not yet hold such office;

               J.

               whereas, as a consequence, the statements in question do not have a direct and obvious connection with Mr Jakovčić’s performance of his duties as a Member of the European Parliament nor do they constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament within the meaning of Article 8 of Protocol No 7;

               K.

               whereas Mr Jakovčić cannot, therefore, be deemed to have been acting in the performance of his duties as a Member of the European Parliament;

               1.

               Considers that the request for the waiver of the immunity of Mr Jakovčić has been submitted by the competent authority within the meaning of Rule 9(1) of the Rules of Procedure and that, on this ground, it is to be deemed admissible; considers, furthermore, that, in the light of Rule 9(2) of its Rules of Procedure, no deadline can be imposed on Parliament for reaching a decision on a request for waiver of immunity;

               2.

               Decides to waive the immunity of Ivan Jakovčić;

               3.

               Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authority of the Republic of Croatia and to Ivan Jakovčić.

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

      (2)  OJ C 184 E, 8.7.2010, p. 72.


Avis juridique important

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32002D0804

2002/804/EC: Council Decision of 8 October 2002 amending Decision 2001/747/EC concerning the conclusion of the Agreement on Mutual Recognition between the European Community and Japan

Official Journal L 278 , 16/10/2002 P. 0023 - 0023

Council Decisionof 8 October 2002amending Decision 2001/747/EC concerning the conclusion of the Agreement on Mutual Recognition between the European Community and Japan(2002/804/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first subparagraph, first sentence, and Article 300(3), first subparagraph, first sentence, and (4) thereof,Having regard to the proposal from the Commission,Whereas:In order to ensure the efficient operation of the Agreement on mutual recognition between the European Community and Japan(1) (hereinafter referred to as the "Agreement") it is necessary to amend Decision 2001/747/EC(2) in order to empower the Commission to take all necessary measures for the operation of the Agreement,HAS DECIDED AS FOLLOWS:Sole ArticleArticle 3 of Decision 2001/747/EC shall be replaced by the following: "Article 31. The Commission shall represent the Community in the Joint Committee or in any subcommittee provided for in Article 8 of the Agreement, assisted by the special Committee designated by the Council. The Commission shall proceed, after consultation with this special Committee, to the actions required for the implementation of the Agreement.2. The position of the Community in the Joint Committee or in any subcommittee shall be determined by the Commission, following consultation of the special Committee referred to in paragraph 1."Done at Luxembourg, 8 October 2002.For the CouncilThe PresidentT. Pedersen(1) OJ L 284, 29.10.2001, p. 3.(2) OJ L 284, 29.10.2001, p. 1.


Avis juridique important

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31999D0866

1999/866/ECSC: Commission Decision of 15 December 1999 on the conclusion of agreement between the European Coal and Steel Community and Kazakhstan on trade in certain steel products [notified under document number C(1999) 4493]

Official Journal L 342 , 31/12/1999 P. 0054 - 0054

COMMISSION DECISIONof 15 December 1999on the conclusion of agreement between the European Coal and Steel Community and Kazakhstan on trade in certain steel products[notified under document number C(1999) 4493](1999/866/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 95, first paragraph thereof,Having consulted the consultative committee and with the unanimous assent of the Council,(1) Whereas, following the Council Decision of 7 October 1996, the Commission opened negotiations with the Republic of Kazakhstan, culminating in an agreement concerning trade in certain steel products covered by the European Coal and Steel Community;(2) Whereas the Agreement establishes quantitative limits for the entry into free circulation in the Community of certain steel products for the years 2000 to 2001, within a framework of progressive liberalisation and the development of competitive conditions in the Republic of Kazakhstan which justify the complete removal of quantitative restrictions,HAS DECIDED AS FOLLOWS:Article 11. The Agreement with the Republic of Kazakhstan concerning trade in certain steel products is hereby approved on behalf of the European Coal and Steel Community.2. The text of the Agreement(1) is annexed to this Decision.Article 2The President of the Commission is hereby authorised to designate the persons empowered to sign the Agreement referred to in Article 1 in order to bind the European Coal and Steel Community.Done at Brussels, 15 December 1999.For the CommissionPascal LAMYMember of the Commission(1) See page 55 of this Official Journal.


title: Council Decision 2005/386/CFSP of 14 March 2005 concerning the conclusion of the Agreement between the European Union and New Zealand on the participation of New Zealand in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea)

text:
               20.5.2005

               EN

               Official Journal of the European Union

               L 127/27

         COUNCIL DECISION 2005/386/CFSP
   of 14 March 2005
   concerning the conclusion of the Agreement between the European Union and New Zealand on the participation of New Zealand in the European Union military crisis management operation in Bosnia and Herzegovina (Operation Althea)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               The Agreement should be approved,

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

      Done at Brussels, 14 March 2005.

            For the Council

            The President

         F. BODEN

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

               —

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

               —

               the invitation to New Zealand to participate in the EU-led operation,

               —

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

               —

               Political and Security Committee Decision BiH/1/2004 of 21 September 2004 (2) on the acceptance of New Zealand’s contribution to the EU military operation in Bosnia and Herzegovina,

               —

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

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

               —

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

               —

               the Operation Plan,

               —

               implementing measures.

         4.   Forces and personnel seconded to the operation by New Zealand shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.
   5.   New Zealand shall inform the EU Operation Commander in due time of any change to its participation in the operation.
   Article 2
   Status of forces
   1.   The status of the forces and personnel contributed to the EU military crisis management operation by New Zealand shall be governed in accordance with the provisions contained in paragraph 12 of United Nations Security Council Resolution 1575 (2004) of 22 November 2004.
   2.   The status of the forces and personnel contributed to headquarters or command elements located outside Bosnia and Herzegovina, shall be governed by arrangements between the headquarters and command elements concerned and New Zealand.
   3.   Without prejudice to the provisions on the status of forces referred to in paragraph 1 of this Article, New Zealand shall exercise jurisdiction over its forces and personnel participating in the EU military crisis management operation.
   4.   New Zealand shall be responsible for responding to any claims from, linked to, or concerning the participation of any of its forces or personnel in the EU military crisis management operation. New Zealand shall be responsible for bringing any action, in particular legal or disciplinary, against any of its forces and personnel, in accordance with its laws and regulations.
   5.   New Zealand undertakes to make a declaration as regards the waiver of claims against any State participating in the EU military crisis management operation, and to do so when signing this Agreement.
   6.   The European Union undertakes to ensure that Member States make a declaration as regards the waiver of claims, for the participation of New Zealand in the EU military crisis management operation, and to do so when signing this Agreement.
   Article 3
   Classified information
   1.   New Zealand shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council’s security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 (4), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander.
   2.   Where the EU and New Zealand have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of the EU military crisis management operation.
   Article 4
   Chain of command
   1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.
   2.   National authorities shall transfer the operational and tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his authority.
   3.   New Zealand shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.
   4.   The EU Operation Commander may, following consultations with New Zealand, at any time request the withdrawal of New Zealand’s contribution.
   5.   A Senior Military Representative (SMR) shall be appointed by New Zealand to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.
   Article 5
   Financial aspects
   1.   New Zealand shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 1(1) of this Agreement, as well as in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications (5).
   2.   In the case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, New Zealand shall, when its liability has been established, pay compensation under the conditions foreseen in the provisions on status of forces, as referred to in Article 2(1) of this Agreement.
   Article 6
   Arrangements to implement the Agreement
   Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy and the appropriate authorities of New Zealand.
   Article 7
   Non-compliance
   Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.
   Article 8
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 9
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be provisionally applied from the date of signature.
   3.   This Agreement shall remain in force for the duration of New Zealand’s contribution to the operation.

      Done at Brussels, , in the English language in four copies.

            For the European Union

            For New Zealand

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

      (2)  OJ L 324, 27.10.2004, p. 20.

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

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

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

               —

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

               —

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

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

               —

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

               —

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


title: 2009/644/EC: Decision of the European Parliament of 23 April 2009 on the closure of the accounts of Eurojust for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/116

      DECISION OF THE EUROPEAN PARLIAMENT

   of 23 April 2009
   on the closure of the accounts of Eurojust for the financial year 2007
   (2009/644/EC)
   THE EUROPEAN PARLIAMENT,

               —

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

               —

               having regard to the Court of Auditors’ report on the final annual accounts of Eurojust for the financial year 2007, together with Eurojust’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 Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (4), and in particular Article 36 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 and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0161/2009),

               1.

               Notes that the final annual accounts of Eurojust are as annexed to the Court of Auditors’ report;

               2.

               Approves the closure of the accounts of Eurojust for the financial year 2007;

               3.

               Instructs its President to forward this Decision to the Administrative Director of Eurojust, 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. 57.

      (2)  OJ C 311, 5.12.2008, p. 142.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 63, 6.3.2002, p. 1.

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


title: Conference of Committee Chairs and of Delegation Chairs (interpretation of Rules 27 and 28) European Parliament decision of 16 December 2009 on interpretation of Rules 27 and 28 of Parliament's Rules of Procedure on replacing the Chair of the Conference of Committee Chairs or the Conference of Delegation Chairs in the event of absence

text:
               22.10.2010

               EN

               Official Journal of the European Union

               CE 286/44

         Wednesday 16 December 2009Conference of Committee Chairs and of Delegation Chairs (interpretation of Rules 27 and 28)
   P7_TA(2009)0112
   European Parliament decision of 16 December 2009 on interpretation of Rules 27 and 28 of Parliament's Rules of Procedure on replacing the Chair of the Conference of Committee Chairs or the Conference of Delegation Chairs in the event of absence
   2010/C 286 E/09

      The European Parliament,
   having regard to the letter of 2 December 2009 from the chair of the Committee on Constitutional Affairs,
   having regard to Rule 211 of its Rules of Procedure,

               1.

               Decides to append the following interpretation to Rules 27(1) and 28(1):
               ‘In the absence of the Chair, the meeting of the Conference shall be chaired by the oldest Member, or, in the absence of the latter, by the oldest Member present.’;

               2.

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


title: Council Decision of 20 September 2011 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               24.9.2011

               EN

               Official Journal of the European Union

               C 281/16

         COUNCIL DECISION
   of 20 September 2011
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   2011/C 281/05
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nomination submitted by the Bulgarian Government,
   Whereas:

               (1)

               By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012.

               (2)

               A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Ms. Valentina DEIKOVA,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2012:

      GOVERNMENT REPRESENTATIVE:

               BULGARIA

               Ms Emilia VALCHOVSKA

      Done at Brussels, 20 September 2011.

            For the Council

            The President

         M. SAWICKI

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 226, 19.9.2009, p. 2.


title: Decision (EU) 2015/530 of the European Central Bank of 11 February 2015 on the methodology and procedures for the determination and collection of data regarding fee factors used to calculate annual supervisory fees (ECB/2015/7)

text:
               28.3.2015

               EN

               Official Journal of the European Union

               L 84/67

         DECISION (EU) 2015/530 OF THE EUROPEAN CENTRAL BANK
   of 11 February 2015
   on the methodology and procedures for the determination and collection of data regarding fee factors used to calculate annual supervisory fees (ECB/2015/7)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (1), and in particular the second subparagraph of Article 4(3), Article 30 and the second subparagraph of Article 33(2) thereof,
   Having regard to Regulation (EU) No 1163/2014 of the European Central Bank of 22 October 2014 on supervisory fees (ECB/2014/41) (2), and in particular Article 10(3)(b), Article 10(4) and (5) thereof,
   Whereas:

               (1)

               In accordance with Article 30(3) of Regulation (EU) No 1024/2013, the annual supervisory fees to be levied on credit institutions established in the participating Member States or branches established in a participating Member State by a credit institution established in a non-participating Member State will be calculated at the highest level of consolidation within participating Member States and will be based on objective criteria relating to the importance and risk profile of the credit institution concerned, including its risk weighted assets.

               (2)

               In accordance with Article 10(3)(a) of Regulation (EU) No 1163/2014 (ECB/2014/41), the fee factors used to determine the individual annual supervisory fee payable in respect of each supervised entity or supervised group will be the amount, as at the end of the calendar year, of: (i) total assets; and (ii) total risk exposure.

               (3)

               Article 10(3)(b) of Regulation (EU) No 1163/2014 (ECB/2014/41) provides that data regarding the fee factors will be determined and collected in accordance with a decision of the European Central Bank (ECB) outlining the applicable methodology and procedures.

               (4)

               Pursuant to Article 30 of Regulation (EU) No 1024/2013, for the purpose of the calculation of fee factors supervised groups should, as a rule, exclude assets of subsidiaries located in non-participating Member States and third countries. In accordance with Article 10(3)(c) of Regulation (EU) No 1163/2014 (ECB/2014/41), supervised groups may decide not to exclude such assets for the determination of fee factors. However, the cost of making such a calculation should not exceed the expected reduction in the supervisory fee.

               (5)

               Article 10(4) of Regulation (EU) No 1163/2014 (ECB/2014/41) states that national competent authorities (NCAs) are to submit data regarding the fee factors to the ECB in accordance with procedures to be established by the ECB.

               (6)

               Article 10(5) of Regulation (EU) No 1163/2014 (ECB/2014/41) states that if a fee debtor fails to provide the fee factors the ECB will determine the fee factors in accordance with procedures to be established by the ECB.

               (7)

               Accordingly, this Decision should lay down the methodology and procedures for the determination and collection of data regarding the fee factors and the calculation of fee factors, including in cases where the fee debtor fails to provide them, as well as procedures for the submission of fee factors by NCAs to the ECB. In particular, the format, frequency and timing of such submission, as well as the types of quality checks that NCAs should perform before submitting fee factors to the ECB, should be specified.

               (8)

               For the calculation of the annual supervisory fees payable in respect of each supervised entity and supervised group, the fee debtors should submit data regarding the fee factors to NCAs based on the templates set out in Annexes I and II to this Decision.

               (9)

               It is necessary to set up a procedure to carry out technical amendments to the Annexes to this Decision in an effective manner, provided that such amendments neither change the underlying conceptual framework nor affect the reporting burden. Account should be taken of the views of the Statistics Committee (STC) of the European System of Central Banks (ESCB) when following this procedure. NCAs and other ESCB Committees will therefore be able to propose such technical amendments to the Annexes through the STC,

         HAS ADOPTED THIS DECISION:
   Article 1
   Subject matter and scope
   This Decision lays down the methodology and the procedures referred to in Article 10 of Regulation (EU) No 1163/2014 (ECB/2014/41) for the determination and collection of data regarding the fee factors used for the calculation of the annual supervisory fees to be levied in respect of supervised entities and supervised groups and the submission of the fee factors by the fee debtors, as well as procedures for the submission of such data by NCAs to the ECB.
   This Decision applies to fee debtors and NCAs.
   Article 2
   Definitions
   For the purposes of this Decision, the definitions contained in Article 2 of Regulation (EU) No 1163/2014 (ECB/2014/41) shall apply, unless otherwise provided for, together with the following definition:

               ‘working day’ means a day which is not a Saturday, Sunday or a public holiday in the Member State where the relevant NCA is established.

         Article 3
   Templates for the reporting of the fee factors to NCAs by the fee debtors
   The fee factors shall be submitted to the NCAs by the fee debtors using the templates set out in Annexes I and II to this Decision. Auditor's statements in accordance with Article 7 shall also be submitted to the NCAs. In the case of a group of fee-paying entities with subsidiaries established in non-participating Member States or third countries, the fee debtors shall provide an explanation of the method used for the determination of the fee factors in accordance with Article 10(3)(c) of Regulation (EU) No 1163/2014 (ECB/2014/41) in the space allocated for this purpose in the template.
   Article 4
   Remittance dates
   1.   NCAs shall submit data regarding the fee factors to the ECB at the latest by close of business on the 10th working day following the remittance dates referred to in Article 10(4) of Regulation (EU) No 1163/2014 (ECB/2014/41). Thereafter, the ECB shall verify the data received within five working days of receipt. If so requested by the ECB, NCAs shall explain or clarify the data. The ECB will finalise the data on the 15th working day following the relevant remittance date.
   2.   Upon the ECB finalising the data in accordance with paragraph 1, it shall grant the fee debtors access to the finalised data. The fee debtors shall be given five working days in which to comment on the fee factors data in the event that they consider that data to be incorrect. Thereafter, the fee factors will be applied for the calculation of the annual supervisory fees.
   Article 5
   Data quality checks
   NCAs shall monitor and ensure the quality and reliability of the data regarding the fee factors submitted to the ECB. NCAs shall apply quality control checks to assess whether the fee factors have been calculated in line with the methodology set out in Article 7. The ECB shall not correct or modify data regarding the fee factors provided by the fee debtors. Any corrections or modifications to the data shall be undertaken by the fee debtors and submitted by them to the NCAs. NCAs shall submit to the ECB any corrected or modified data received by them. When submitting data regarding the fee factors, NCAs shall: (a) provide information on any significant developments implied by such data; and (b) communicate to the ECB the reasons for any significant corrections or modifications to it.
   Article 6
   Reporting frequency and first reporting reference date
   Data regarding the fee factors shall be submitted by the fee debtors to the NCAs on an annual basis. The first reporting reference date for the fee factors is 31 December 2014.
   Article 7
   Methodology for the calculation of the fee factors
   1.   The total risk exposure figure to be reported shall be derived from the regular reporting undertaken pursuant to Commission Implementing Regulation (EU) No 680/2014 (3). The following specific calculation requirements shall apply.

               (a)

               For a supervised group that does not have subsidiaries established in non-participating Member States or third countries, the group's total risk exposure shall be determined by reference to the common solvency ratio reporting (COREP) ‘own funds requirements’ template set out in Annex I to Implementing Regulation (EU) No 680/2014 (hereinafter the ‘own funds requirements template’).

               (b)

               For a supervised group that has subsidiaries established in non-participating Member States or third countries, the group's total risk exposure shall be determined by reference to the own funds requirements template, with the option to deduct the contribution to the group's total risk exposure of those subsidiaries which are established in non-participating Member States or third countries with reference to the COREP ‘group solvency: information on affiliates’ template set out in Annex I to Implementing Regulation (EU) No 680/2014. If the data on the contribution of subsidiaries established in non-participating Member States or third countries is not available in the COREP ‘group solvency: information on affiliates’ template for the purpose of calculation of supervisory fees, fee debtors may submit this data themselves to NCAs.

               (c)

               If the fee-paying credit institution is not part of a supervised group, the institution's total risk exposure shall be determined by reference to the own funds requirements template.

         2.   The total assets figure to be reported should correspond to the amount of total assets stipulated in Article 51 of Regulation (EU) No 468/2014 of the European Central Bank (ECB/2014/17) (4). If total assets cannot be determined by reference to that Article, it shall be determined on the basis of the following data.

               (a)

               For a supervised group that only has subsidiaries established within the participating Member States, the reporting packages used by the supervised entities for preparing consolidated accounts at group level shall be used to determine total assets. An auditor shall certify the supervised group's total assets by carrying out appropriate verification of the reporting packages.

               (b)

               For a fee-paying credit institution that is not part of a supervised group but has a parent established in non-participating Member State or a third country, the reporting packages used by the fee-paying credit institution for preparing consolidated accounts at group level shall be used to determine total assets. An auditor shall certify the fee-paying credit institution's total assets by carrying out appropriate verification of the reporting packages.

               (c)

               In the event that total assets of a fee-paying branch is calculated on the basis of statistical data reported pursuant to Regulation (EU) No 1071/2013 of the European Central Bank (ECB/2013/33) (5), an auditor shall certify the total assets of the fee-paying branch by carrying out appropriate verification of its financial accounts.

         3.   For a supervised group that has subsidiaries established in non-participating Member States or third countries, its total assets shall be determined in accordance with one of the following options.

               (a)

               Its total assets may be determined on the basis of Article 51 of Regulation (EU) No 468/2014 (ECB/2014/17)(including subsidiaries established in non-participating Member States or third countries). If the total assets cannot be determined by reference to that Article, they shall be determined in accordance with Article 7(2)(a) of this Decision.

               (b)

               Its total assets may be determined by aggregating the total assets disclosed in the statutory financial statements of all the supervised entities established in participating Member States within the supervised group if available, or otherwise by aggregating the total assets stated in the relevant reporting package(s) used by the supervised entities or group of fee-paying credit institutions for preparing consolidated accounts at group level. To avoid double counting, the fee debtor has the option of eliminating intragroup positions among all supervised entities that are established in participating Member States of the supervised group in the consolidation process. Any goodwill included in the consolidated financial statements of the parent undertaking of a supervised group should be included in the aggregation; the exclusion of goodwill allocated to subsidiaries established in non-participating Member States or third countries is optional. Where a fee debtor uses statutory financial statements, an auditor shall certify that the total assets correspond to the total assets disclosed in the audited statutory financial statements of the single supervised entities. Where a fee debtor uses reporting packages, an auditor shall certify the total assets used for the calculation of the annual supervisory fees by carrying out appropriate verification of the reporting packages used. In all cases, the auditor shall confirm that the aggregation process does not deviate from the procedure laid down in this Decision and that the calculation performed by the fee debtor is coherent with the accounting method used to consolidate the accounts of the group of fee-paying entities.

         Article 8
   Determination of fee factors by the ECB in the event of non-provision or non-submission of required corrections or modifications
   In the event that a fee factor is not reported or required corrections or modifications are not submitted by a fee debtor, the ECB will use information available to it to determine the missing fee factor.
   Article 9
   Simplified amendment procedure
   Taking the views of the STC into account, the ECB's Executive Board shall be entitled to make any technical amendments to the Annexes to this Decision, provided that such amendments neither change the underlying conceptual framework nor affect the reporting burden on the fee debtors. The Executive Board shall inform the Governing Council of any such amendment without undue delay.
   Article 10
   Entry into force
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 11 February 2015.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 287, 29.10.2013, p. 63.

      (2)  OJ L 311, 31.10.2014, p. 23.

      (3)  Commission Implementing Regulation (EU) No 680/2014 of 16 April 2014 laying down implementing technical standards with regard to supervisory reporting of institutions according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 191, 28.6.2014, p. 1).

      (4)  Regulation (EU) No 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (SSM Framework Regulation) (ECB/2014/17) (OJ L 141, 14.5.2014, p. 1).

      (5)  Regulation (EU) No 1071/2013 of the European Central Bank of 24 September 2013 concerning the balance sheet of the monetary financial institutions sector (ECB/2013/33) (OJ L 297, 7.11.2013, p. 1).

      ANNEX I

                     CALCULATION OF FEES

                     Reference period

                     NAME

                     TOTAL RISK EXPOSURE

                     Date

                     MFI Code

                     LEI code

                     Item

                     Type of institution

                     Source for risk exposure amount

                     Risk exposure amount

                     Comments

                     010

                     020

                     030

                     040

                     010

                     TOTAL RISK EXPOSURE

                     (1), (2), (3) or (4)

                  COREP C 02.00, row 010

                     020

                     CONTRIBUTION OF SUBSIDIARIES in non-participating Member States or third countries

                     (4)

                  COREP C 06.02, col 250 (SUM)

                  021

                  Entity 1

                     (4)

                  .

                  Entity 2

                     (4)

                     .

                  Entity 3

                     (4)

                  N

                  Entity N

                     (4)

                     030

                     TOTAL RISK EXPOSURE AMOUNT of the supervised group deducting the CONTRIBUTION OF SUBSIDIARIES in non-participating Member States or third countries: Item 030 is equal to 010 minus 020

                     (4)

                     Please ensure that this template is completed in accordance with the instructions provided separately.

      ANNEX II

                     CALCULATION OF FEES

                     Reference period

                     NAME

                     TOTAL ASSETS

                     Date

                     MFI Code

                     LEI code

                     Item

                     Type of institution

                     Confirmation of auditor's verification (Yes/No)

                     Total assets

                     Comments

                     010

                     020

                     030

                     040

                     010

                     TOTAL ASSETS in accordance with Article 51 of Regulation (EU) No 468/2014 (ECB/2014/17)

                     (1), (2), (3), (4), (5)

                     020

                     TOTAL ASSETS in accordance with Article 7(2)(a) or (b) of this Decision

                     (6) or (7)

                     030

                     TOTAL ASSETS in accordance with Article 7(3)(b) of this Decision: Item 030 is equal to 031 minus 032 plus 033 minus 034

                     (8)

                  031

                  Total assets of all group entities established in participating Member States

                  032

                  Intragroup positions among supervised entities established in participating Member States (from reporting packages used for the elimination of balances for group reporting purposes) — optional

                  033

                  Goodwill included in the consolidated financial statements of the parent undertaking of a supervised group — obligatory

                  034

                  Goodwill allocated to subsidiaries established in non-participating Member states or third countries — optional

                     040

                     Total assets for a supervised entity or supervised group classified as less significant on the basis of an ECB decision made in accordance with Article 6(4) of Regulation (EU) No 1024/2013 in conjunction with Article 70(1) and Article 71 of Regulation (EU) No 468/2014 (ECB/2014/17) and Article 10(3)(d) of Regulation (EU) No 1163/2014 (ECB/2014/41).

                     (9)

                     Please ensure that this template is completed in accordance with the instructions provided separately.


title: 2012/359/EU: Decision of the European Central Bank of 28 June 2012 amending Decision ECB/2011/25 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral (ECB/2012/11)

text:
               5.7.2012

               EN

               Official Journal of the European Union

               L 175/17

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 28 June 2012
   amending Decision ECB/2011/25 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral
   (ECB/2012/11)
   (2012/359/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the first indent of Article 3.1 and Article 18.2 thereof,
   Whereas:

               (1)

               Pursuant to Article 18.1 of the Statute of the European System of Central Banks and of the European Central Bank, the European Central Bank (ECB) and the national central banks of Member States whose currency is the euro (hereinafter the ‘NCBs’) may conduct credit operations with credit institutions and other market participants, with lending being based on adequate collateral. The criteria determining the eligibility of collateral for the purposes of Eurosystem monetary policy operations are laid down in Annex I to Guideline ECB/2011/14 of 20 September 2011 on monetary policy instruments and procedures of the Eurosystem (1).

               (2)

               The Governing Council considers that in order to enhance the provision of liquidity to counterparties to Eurosystem monetary policy operations, the criteria for determining the eligibility of asset-backed securities to be used as collateral in Eurosystem monetary policy operations should be widened.

               (3)

               Such measures need to apply temporarily, until the Governing Council considers that the stability of the financial system allows the application of the general Eurosystem framework for monetary policy operations.

               (4)

               Therefore, Decision ECB/2011/25 of 14 December 2011 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral (2) should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendment
   Article 3 of Decision ECB/2011/25 is replaced by the following:

      ‘Article 3
      Admission of certain additional asset-backed securities
      1.   In addition to asset-backed securities (ABS) eligible under Chapter 6 of Annex I to Guideline ECB/2011/14, ABS which do not fulfil the credit assessment requirements under Section 6.3.2 of Annex I to Guideline ECB/2011/14 but which otherwise comply with all eligibility criteria applicable to ABS pursuant to Guideline ECB/2011/14, shall be eligible as collateral for Eurosystem monetary policy operations, provided that they have two ratings of at least triple B (3), at issuance and at any time subsequently. They shall also satisfy all the following requirements:

                  (a)

                  the cash-flow generating assets backing the ABS shall belong to one of the following asset classes: (i) residential mortgages; (ii) loans to small and medium-sized enterprises (SMEs); (iii) commercial mortgages; (iv) auto loans; (v) leasing and consumer finance;

                  (b)

                  there shall be no mix of different asset classes in the cash-flow generating assets;

                  (c)

                  the cash-flow generating assets backing the ABS shall not contain loans which are any of the following:

                              (i)

                              non-performing at the time of issuance of the ABS;

                              (ii)

                              non-performing when incorporated in the ABS during the life of the ABS, for example by means of a substitution or replacement of the cash-flow generating assets;

                              (iii)

                              at any time, structured, syndicated or leveraged;

                  (d)

                  the ABS transaction documents shall contain servicing continuity provisions.

            2.   ABS referred to in paragraph 1 that have two ratings of at least single A (4) shall be subject to a valuation haircut of 16 %.
      3.   ABS referred to in paragraph 1 that do not have two ratings of at least single A shall be subject to the following valuation haircuts: (a) ABS backed by commercial mortgages shall be subject to a valuation haircut of 32 %; (b) all other ABS shall be subject to a valuation haircut of 26 %.
      4.   A counterparty may not submit ABS eligible pursuant to paragraph 1 as collateral, if the counterparty, or any third party with which it has close links, acts as an interest rate hedge provider in relation to the ABS.
      5.   For the purposes of this Article “small enterprise” and “medium-sized enterprise” shall have the meaning given to them in Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (5).
      6.   An NCB may accept as collateral for Eurosystem monetary policy operations ABS whose underlying assets include residential mortgages or loans to SMEs or both and which do not fulfil the credit assessment requirements under Section 6.3.2 of Annex I to Guideline ECB/2011/14 and the requirements referred to in paragraph 1(a) to (d) and paragraph 4 above but which otherwise comply with all eligibility criteria applicable to ABS pursuant to Guideline ECB/2011/14 and have two ratings of at least triple B. Such ABS shall be limited to those issued before 20 June 2012 and shall be subject to a valuation haircut of 32 %.

   Article 2
   Entry into force
   This Decision shall enter into force on 29 June 2012.

      Done at Frankfurt am Main, 28 June 2012.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 331, 14.12.2011, p. 1.

      (2)  OJ L 341, 22.12.2011, p. 65.

      (3)  A “triple B” rating is a rating of at least “Baa3” from Moody’s, “BBB-” from Fitch or Standard & Poor’s or a rating of “BBB” from DBRS.

      (4)  A “single A” rating is a rating of at least “A3” from Moody’s, “A-” from Fitch or Standard & Poor’s or a rating of “AL” from DBRS.

      (5)  OJ L 124, 20.5.2003, p. 36.’.


title: 2014/168/EU: Council Decision of 18 March 2014 appointing a Slovakian member of the European Economic and Social Committee

text:
               26.3.2014

               EN

               Official Journal of the European Union

               L 90/20

      COUNCIL DECISION

   of 18 March 2014
   appointing a Slovakian member of the European Economic and Social Committee
   (2014/168/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the Slovakian Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

               (2)

               A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Dušan BARČIK,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Anton SZALAY, President of Slovak Trade Union of Health and Social Services, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 18 March 2014.

            For the Council

            The President

         E. VENIZELOS

      (1)  OJ L 251, 25.9.2010, p. 8.


title: Council Decision (EU) 2016/1743 of 20 September 2016 on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Colombia on the short-stay visa waiver

text:
               30.9.2016

               EN

               Official Journal of the European Union

               L 264/25

         COUNCIL DECISION (EU) 2016/1743
   of 20 September 2016
   on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Colombia on the short-stay visa waiver
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with point (a)(v) of the second subparagraph of Article 218(6), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated on behalf of the European Union an agreement with the Republic of Colombia on the short-stay visa waiver (the ‘Agreement’).

               (2)

               In accordance with Council Decision (EU) 2015/2399 (2), the Agreement has been signed and is applied on a provisional basis as from 3 December 2015.

               (3)

               The Agreement sets up a Joint Committee of experts for the management of the Agreement. The Union is to be represented within that Joint Committee by the Commission, which should be assisted by the representatives of the Member States.

               (4)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (5)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (6)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Republic of Colombia on the short-stay visa waiver is hereby approved on behalf of the Union.
   Article 2
   The President of the Council shall give, on behalf of the Union, the notification provided for in Article 8(1) of the Agreement (5).
   Article 3
   The Commission, assisted by the representatives of the Member States, shall represent the Union within the Joint Committee of experts set up pursuant to Article 6 of the Agreement.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 20 September 2016.

            For the Council

            The President

         I. KORČOK

      (1)  Consent given on 8 June 2016 (not yet published in the Official Journal).

      (2)  Council Decision (EU) 2015/2399 of 26 October 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Republic of Colombia on the short-stay visa waiver (OJ L 333, 19.12.2015, p. 1).

      (3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

      (4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

      (5)  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.