title: Council Decision (CFSP) 2015/2215 of 30 November 2015 in support of UNSCR 2235 (2015), establishing an OPCW-UN joint investigative mechanism to identify the perpetrators of chemical attacks in the Syrian Arab Republic

text:
               1.12.2015

               EN

               Official Journal of the European Union

               L 314/51

         COUNCIL DECISION (CFSP) 2015/2215
   of 30 November 2015
   in support of UNSCR 2235 (2015), establishing an OPCW-UN joint investigative mechanism to identify the perpetrators of chemical attacks in the Syrian Arab Republic
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 26(2) and Article 31(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 7 August 2015, the UN Security Council unanimously adopted Resolution (UNSCR) 2235 (2015), condemning any use of toxic chemicals, such as chlorine, as a chemical weapon in the Syrian Arab Republic and expressing its determination to identify those responsible for such acts. To this end, the UN Security Council established for a period of one year, with the possibility of future extension if it deems it necessary, a joint investigative mechanism (JIM) to identify, to the greatest extent feasible, individuals, entities, groups or governments who were perpetrators, organisers, sponsors or otherwise involved in the use of chemicals, including chlorine or any other toxic chemical, as weapons in the Syrian Arab Republic, in cases where the fact-finding mission (FFM) of the Organisation for the Prohibition of Chemical Weapons (OPCW) determines or has determined that a specific incident in the Syrian Arab Republic involved or likely involved the use of chemicals, including chlorine or any other toxic chemical, as weapons.

               (2)

               On 10 September 2015, the UN Security Council authorised the recommendations, including elements of terms of reference regarding the OPCW-UN JIM established by UNSCR 2235 (2015), submitted by the UN Secretary-General in his letters to the President of the UN Security Council dated 27 August 2015 and 9 September 2015.

               (3)

               The EU Strategy against Proliferation of Weapons of Mass Destruction (‘the Strategy’) underlines the crucial role of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC) and of the OPCW in creating a world free of chemical weapons.

               (4)

               The Union is actively implementing the Strategy and is giving effect to the measures listed in Chapter III thereof, in particular by releasing financial resources to support specific projects conducted by multilateral institutions, such as the OPCW. Accordingly, on 9 December 2013, the Council adopted Decision 2013/726/CFSP (1) in support of the activities of OPCW in the framework of UNSCR 2118 (2013), the OPCW Executive Council Decision of 27 September 2013 on the destruction of Syrian chemical weapons and subsequent and related resolutions and decisions. Furthermore, on 17 February 2015, the Council adopted Decision (CFSP) 2015/259 (2) in support of activities of the OPCW in the framework of the implementation of the Strategy.

               (5)

               On 23 September 2015, the OPCW Director-General addressed a letter to the High Representative of the Union for Foreign Affairs and Security Policy (‘the High Representative’) seeking a financial contribution from the Union to a trust fund for OPCW missions in the Syrian Arab Republic, including activities related to the OPCW FFM in support of the JIM in its analysis of allegations of the use of chemicals, including chlorine or any other toxic chemical, as weapons.

               (6)

               On 24 September 2015, the Head of the OPCW-UN JIM addressed a letter to the High Representative seeking financial support for the JIM through a trust fund.

               (7)

               Following the accession of the Syrian Arab Republic to the CWC, effective from 14 October 2013, the OPCW is responsible for verifying the Syrian Arab Republic's compliance with the CWC and the terms of any relevant OPCW Executive Council Decisions and for reporting, in coordination with the UN Secretary-General, as needed, to the UN Security Council on non-compliance with UNSCR 2118 (2013).

               (8)

               The technical implementation of this Decision should be entrusted to the OPCW and the UN Office for Disarmament Affairs (UNODA) as the implementing office of the JIM trust fund. The projects supported by the Union can only be financed through voluntary contributions to the respective OPCW and JIM trust funds. Such contributions to be provided by the Union will be instrumental in enabling the OPCW and the JIM to fulfil the tasks set out in UNSCR 2235 (2015).

               (9)

               The supervision of the proper implementation of the Union's financial contribution should be entrusted to the Commission,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   In order to implement certain elements of the Strategy, the Union shall support the OPCW and the JIM by contributing to costs associated with their activities under UNSCR 2235 (2015), with the following overall objective: identification to the greatest extent feasible of individuals, entities, groups or governments who were perpetrators, organisers, sponsors or otherwise involved in the use of chemicals, including chlorine or any other toxic chemical, as weapons in the Syrian Arab Republic, where the OPCW FFM determines or has determined that a specific incident in the Syrian Arab Republic involved or likely involved the use of chemicals, including chlorine or any other toxic chemical, as weapons.
   2.   In order to achieve the objective referred to in paragraph 1, the Union shall support the following projects:

               (a)

               OPCW special missions in the Syrian Arab Republic, including activities related to the OPCW FFM in support of the JIM in its analysis of allegations of use of chemicals, including chlorine or any other toxic chemical, as weapons;

               (b)

               OPCW-UN JIM, including its establishment and ability to begin its full operations under UNSCR 2235 (2015).

         A detailed description of these projects is set out in the Annex.
   Article 2
   1.   The High Representative shall be responsible for the implementation of this Decision.
   2.   The technical implementation of the projects referred to in Article 1(2) shall be entrusted to the OPCW and UNODA as the implementing office of the JIM trust fund. They shall perform this task under the responsibility of the High Representative. For this purpose, the High Representative shall enter into the necessary arrangements with the OPCW and UNODA.
   Article 3
   1.   The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 4 586 096,00.
   2.   The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the Union budget.
   3.   The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For this purpose, it shall conclude financing agreements with the OPCW and with UNODA as the implementing office of the JIM trust fund respectively. The financing agreements shall stipulate that the OPCW and the UN are to ensure visibility of the Union's contribution, appropriate to its size.
   4.   The Commission shall endeavour to conclude the financing agreements referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of those financing agreements.
   Article 4
   1.   The High Representative shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the OPCW and the OPCW-UN JIM. Those reports shall form the basis for an evaluation by the Council.
   2.   The Commission shall provide the Council with information on the financial aspects of the implementation of the projects referred to in Article 1(2).
   Article 5
   1.   This Decision shall enter into force on the date of its adoption.
   2.   It shall expire 18 months after the date of the conclusion of the financing agreements between the Commission and the OPCW and UNODA referred to in Article 3(3), or it shall expire on 31 May 2016 if no such financing agreements have been concluded by that date.

      Done at Brussels, 30 November 2015.

            For the Council

            The President

         É. SCHNEIDER

      (1)  Council Decision 2013/726/CFSP of 9 December 2013 in support of the UNSCR 2118 (2013) and OPCW Executive Council EC-M-33/Dec 1, in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 329, 10.12.2013, p. 41).

      (2)  Council Decision (CFSP) 2015/259 of 17 February 2015 in support of activities of the Organisation for the Prohibition of Chemical Weapons (OPCW) in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 43, 18.2.2015, p. 14).

      ANNEX

         European Union support of UNSCR 2235 (2015) in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction

      1.   General framework and objectives

      In April 2014, at the peak of the operation to remove and destroy Syria's chemical weapons, a number of serious allegations were made regarding the use of chlorine as a weapon against civilians. The Director-General of the Organisation for the Prohibition of Chemical Weapons (OPCW) established an OPCW fact-finding mission (FFM) to look into these allegations. His decision was supported by the OPCW Executive Council and the United Nations (UN) Secretary-General pledged his assistance.
      A team comprising OPCW and UN personnel attempted in May 2014 to conduct an on-site investigation in one of the villages reportedly attacked with chlorine. While crossing a buffer zone between the areas controlled by the Syrian government and those controlled by the opposition, the team came under armed attack and had to abort the mission. The FFM nonetheless continued its work and interviewed eyewitnesses, treating physicians, first responders and victims in a safe location outside Syria. Based on this work, the FFM concluded with a high degree of confidence that chlorine, either pure or in mixture, had indeed been used as a weapon in three villages in northern Syria.
      The OPCW Executive Council, in its decision EC-M-48/DEC.1 adopted on 4 February 2015, expressed serious concern regarding the findings of the FFM and reaffirmed its condemnation, in the strongest possible terms, of the use of chemical weapons by anyone in any circumstances. The OPCW Executive Council expressed further support for the continuation of the work of the FFM, in particular by studying all available information relating to allegations of the use of chemical weapons in Syria, including information provided by the Syrian Arab Republic as well as by others. This was followed by the adoption on 6 March 2015 of UN Security Council Resolution (UNSCR) 2209 (2015), in which the UN Security Council endorsed the OPCW Executive Council decision and called for those responsible for such attacks to be held accountable.
      Following up on that Resolution, the UN Security Council unanimously adopted, on 7 August 2015, UNSCR 2235 (2015), condemning any use of toxic chemicals, such as chlorine, as a chemical weapon in the Syrian Arab Republic and expressing its determination to identify those responsible for such acts. In this regard, the UN Security Council recalled the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare; the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC); and UNSCRs 1540 (2004), 2118 (2013) and 2209 (2015). The UN Security Council established for a period of one year, with the possibility of future extension if it deems it necessary, an OPCW-UN joint investigative mechanism (JIM) to identify to the greatest extent feasible individuals, entities, groups or governments who were perpetrators, organisers, sponsors or otherwise involved in the use of chemicals, including chlorine or any other toxic chemical, as weapons in the Syrian Arab Republic, where the OPCW FFM determines or has determined that a specific incident in the Syrian Arab Republic involved or likely involved the use of chemicals, including chlorine or any other toxic chemical, as weapons. That mechanism is currently being established.
      For this purpose, the Union should support OPCW and the JIM in their respective tasks under UNSCR 2235 (2015) and the OPCW Executive Council decision EC-M-48/DEC.1, as well as the CWC.
      2.   Description of the projects

      A.   Project 1: OPCW FFMs
      1.   Project purpose
      To support the implementation of the OPCW FFM's mandate, under both UNSCR 2235 (2015) and the OPCW Executive Council decision EC-M-48/DEC.1, as well as the CWC, by covering the FFM's related operational costs. Those costs include the hiring of external consultants with specific skills (e.g. interpreters and doctors), as well as OPCW equipment required by the FFM team.
      2.   Expected results
      The FFM's ongoing work will shed light on a number of allegations of the use of toxic chemicals in the Syrian Arab Republic, and shall cooperate closely with the JIM, thereby contributing to the fulfilment of the JIM's mandate under paragraph 5 of UNSCR 2235 (2015).
      3.   Project description
      The FFM shall continue to assess whether alleged incidents in the Syrian Arab Republic involved or likely involved the use of chemicals as weapons. The FFM's activities cover allegations of both past incidents and incidents that may occur in the future. The complexity of these activities is likely to vary considerably; hence the exact number of deployments cannot be accurately determined.
      Based on the experience of deployments in 2015, the OPCW expects that in 2016 FFM operations may involve the deployment of six to12 inspectors on six missions, the duration of each being approximately three weeks. It is likely that each mission will include the hiring of external consultants with specific skills, such as interpreters and doctors.
      The following activities are planned as part of the FFM:

                  (a)

                  Interviews: the nature of alleged incidents is such that a wide variety of witnesses may need to be interviewed. These include:

                              —

                              medical staff,

                              —

                              first responders,

                              —

                              treating physicians,

                              —

                              casualties,

                              —

                              other witnesses.

                        As such, interview teams need to have a multifaceted expertise including weapons, chemicals, medical signs and symptoms, as well as interpretation.

                  (b)

                  Medical examinations and the taking of biomedical samples.

                  (c)

                  Sample identification, collection and analysis.

                  (d)

                  Evidence-handling, including open source as well as items provided by witnesses and third parties. Complementary to the interview teams, multifaceted expertise is also particularly required in this area.

                  (e)

                  Report writing.

                  (f)

                  Training, including refresher training in order to stay up to date with modern practices:

                              —

                              safe and security approaches in the field,

                              —

                              interview techniques,

                              —

                              evidence-handling and storage, including chain of custody,

                              —

                              awareness of explosive remnants of war,

                              —

                              toxic chemicals training course,

                              —

                              forensic awareness,

                              —

                              basic industrial chemistry and chemical profiling.

                  (g)

                  Site-assessment and scene-exploitation.

                  (h)

                  Mission-support personnel and expertise, particularly for complex missions.

            B.   Project 2: OPCW-UN JIM
      1.   Project purpose
      To support the quick establishment of the JIM and its ability to begin its full operations under UNSCR 2235 (2015).
      2.   Expected results
      The identification to the greatest extent feasible of individuals, entities, groups or governments who were perpetrators, organisers, sponsors or otherwise involved in the use of chemicals, including chlorine or any other toxic chemical, as weapons in the Syrian Arab Republic.
      3.   Project description
      The UN Security Council approved UN Secretary-General's recommendations regarding the establishment and operation of the JIM and requested that the UN Secretary-General, in coordination with the OPCW Director-General, undertake without delay the steps, measures and arrangements necessary for the speedy establishment and full functioning of the JIM, including recruiting impartial and experienced staff with relevant skills and expertise to fully implement the responsibilities pursuant to UNSCR 2235 (2015).
      The JIM shall be led by an independent, three-member panel (the ‘Leadership Panel’) to be supported by a core staff of professionals grouped into three components. In this regard, the JIM shall be headed by an Assistant Secretary-General with overall responsibility and two Deputies responsible for the political and investigation components, respectively.
      The leadership of the JIM shall be supported by three components. A Political Office, to be based in New York, shall provide political analysis, legal advice, media relations and administrative support. An Investigation Office, to be based in The Hague, shall provide chemical and medical analysis, forensics, military ordnance analysis, investigation and information analysis. An Operations Support Office, to be based in New York, shall provide support to the political and investigation components.
      The core staff of the JIM, with the exception of those in an administrative function, shall be funded from the regular budget. The Security Council has decided that material and technical needs shall be funded by voluntary contributions. For that purpose, the UN Secretary-General established a trust fund, which shall be administered in accordance with the administrative and financial regulations of the UN.
      In accordance with the EU strategy against Proliferation of Weapons of Mass Destruction, which sets the objective of fostering the role of the UN Security Council and enhancing its expertise in meeting the challenges of proliferation, the Union shall support the implementation of UNSCR 2235 (2015), in particular in those areas having a high potential for visible and quick impact in the establishment of the JIM and its ability to begin its full operations.
      This includes support for the following activities:

                  (a)

                  finalising the setting up of offices in both New York and The Hague for the Leadership Panel and its Political and Investigation Offices, respectively, as well as the Operations Support Office, and the purchasing of office furniture and lockable cabinets to ensure the secure storage of information and materials received and/or generated by the JIM;

                  (b)

                  developing and implementing a record-management system within a robust information security regime to be applied to all information obtained or generated by the JIM in the conduct of its work; this regime shall take into account the confidentiality and security requirements deemed necessary for the storage and use of information and materials received and/or generated by the JIM;

                  (c)

                  preparing for the possible deployment of JIM investigators to the Syrian Arab Republic if the JIM deems this to be necessary for its investigation and determines that there are reasonable grounds to believe that access to Syria, including in areas within the Syrian territory but outside of the control of the Syrian Arab Republic, is justified;

                  (d)

                  purchasing communications, security-related equipment, and office supplies, to support the JIM in the implementation of its mandate. These shall include IT equipment (a dedicated server, computers, laptops with docking stations, an additional set of computers for an intranet network not linked to the internet, commercial shredders, etc.) needed to ensure the implementation of the information security regime referred to in point (b).

            Additional expertise and activities shall be funded by voluntary contributions as requirements continue to emerge. Ad hoc expert consultants shall be hired for short periods, including for the speedy development of the record-management system and the information security regime referred to in point (b), as well as the development of standard operating procedures.
      3.   Duration

      The estimated implementation period for these projects is 12 months.
      4.   Implementing agencies

      The OPCW will be entrusted with the technical implementation of project 1. That project shall be implemented by staff of the OPCW, experts and contractors.
      The United Nations Office for Disarmament Affairs on behalf of the OPCW-UN JIM shall be entrusted with the technical implementation of project 2. That project shall be implemented by the staff of the JIM, consultants and contractors.
      The UN and the OPCW will develop their activities in cooperation with relevant partners, including international organisations and agencies, to ensure effective synergies and avoid duplication.
      5.   Union visibility

      The implementing agencies shall take all appropriate measures to publicise the fact that the action is funded by the Union. Such measures shall be implemented in accordance with the Communication and visibility manual for EU external actions published by the European Commission.
      6.   Reporting

      The implementing agencies shall prepare:

                  (a)

                  regular reports on the implementation of the projects concerned; and

                  (b)

                  a final report not later than 3 months after the completion of the relevant activities.

            7.   Estimated total cost of the projects

      The estimated total cost of the projects is EUR 4 586 096,00.


title: Council Decision (EU) 2016/1232 of 18 July 2016 establishing the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.), of the other part, concerning a Decision of the Stabilisation and Association Council adopting its rules of procedure

text:
                  28.7.2016

                  EN

                  Official Journal of the European Union

                  L 202/27

            COUNCIL DECISION (EU) 2016/1232
      of 18 July 2016
      establishing the position to be taken on behalf of the European Union within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (*), of the other part, concerning a Decision of the Stabilisation and Association Council adopting its rules of procedure
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on European Union, and in particular Article 37 in conjunction with Article 31(1) thereof,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218, paragraph 9, thereof,
      Having regard to the proposal from the European Commission,
      Whereas:

                  (1)

                  Article 126 of the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (*), of the other part (1) (‘the Agreement’) establishes a Stabilisation and Association Council.

                  (2)

                  Article 127(2) of the Agreement provides that the Stabilisation and Association Council is to establish its rules of procedure.

                  (3)

                  Article 129(1) of the Agreement provides that the Stabilisation and Association Council is to be assisted by a Stabilisation and Association Committee (‘the Committee’).

                  (4)

                  Article 129(2) and (3) of the Agreement provides that the Stabilisation and Association Council is to, in its rules of procedure, determine the duties of the Committee and that the Stabilisation and Association Council may delegate any of its powers to the Committee.

                  (5)

                  Article 131 of the Agreement provides that the Stabilisation and Association Council may decide to set up other special committees or bodies that can assist it in carrying out its duties. It further provides that the Stabilisation and Association Council is to, in its rules of procedure, determine the composition and duties of such committees or bodies and how they are to function.

                  (6)

                  It is important to carry out regular and formal consultation with the Member States, and to take into account their views. Accordingly, the Member States should be invited to form part of the delegation of the European Union to all the meetings of the Stabilisation and Association Council.

                  (7)

                  The Commission and the High Representative of the Union for Foreign Affairs and Security Policy (‘the High Representative’) will monitor closely and continuously Kosovo's efforts towards normalisation of its relations with Serbia and report as appropriate, and at least twice per year, on that issue.

                  (8)

                  The fourth paragraph of Article 140 of the Agreement provides that the Union may take measures it deems appropriate, including suspending all or part of the Agreement, with immediate effect, in the event of the non-compliance by Kosovo with essential principles as set out in Articles 5 and 13 of the Agreement. Any relevant recommendations or decisions by the Stabilisation and Association Council, as well as the reports to be presented by the Commission and the High Representative on Kosovo's efforts towards normalisation of its relations with Serbia, should be taken into consideration for any eventual proposal of the Commission for suspending the Agreement on the basis of the fourth paragraph of Article 140 of the Agreement.

                  (9)

                  No term, wording or definition used in this Decision and its Annexes, or in the decisions and recommendations and other documents, including minutes, to be adopted by the Stabilisation and Association Council, constitute recognition of Kosovo by individual Member States in that capacity where they have not taken such a step.

                  (10)

                  Internal procedures of the Member States may apply when receiving documents issued by Kosovo authorities under this Agreement.

                  (11)

                  It is appropriate to establish the position to be taken on behalf of the Union within the Stabilisation and Association Council, concerning a decision of the Stabilisation and Association Council adopting its rules of procedure.

                  (12)

                  The position of the Union within the Stabilisation and Association Council should therefore be based on the attached draft Decision,

            HAS ADOPTED THIS DECISION:
      Article 1
      The position to be taken on behalf of the European Union, within the Stabilisation and Association Council established by Article 126 of the Agreement, shall be based on the draft Decision of the Stabilisation and Association Council attached to this Decision.
      Technical amendments to that draft Decision may be accepted without further decision by the Council.
      Article 2
      Member States shall be invited to form part of the delegation of the European Union to all the meetings of the Stabilisation and Association Council. They shall also receive all documentation submitted to or issued by the Stabilisation and Association Council. Member States shall provide the High Representative of the Union for Foreign Affairs and Security Policy, in accordance with his or her responsibilities pursuant to the Treaties and his or her capacity as President of the Foreign Affairs Council, with the necessary information to that effect.
      Article 3
      This Decision shall enter into force on the date of its adoption.

         Done at Brussels, 18 July 2016.

               For the Council

               The President

            G. MATEČNÁ

         (*)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

         (1)  OJ L 71, 16.3.2016, p. 3.

         DECISION No 1/2016 OF THE EU — KOSOVO (*) STABILISATION AND ASSOCIATION COUNCIL
         of [date]
         adopting its rules of procedure
         THE STABILISATION AND ASSOCIATION COUNCIL,
         Having regard to the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (*), of the other part (‘the Agreement’) and in particular Articles 126, 127, 129 and 131 thereof,
         Whereas the Agreement entered into force on 1 April 2016,
         HAS ADOPTED THIS DECISION:
         Article 1
         Chairmanship
         The Parties shall hold the chairmanship of the Stabilisation and Association Council alternately for a period of 12 months. The first period shall begin on the date of the first Stabilisation and Association Council meeting and end on 31 December of the same year.
         Article 2
         Meetings
         The Stabilisation and Association Council shall meet once a year in accordance with the established practice for Stabilisation and Association Councils, including as regards the level of representation and the venue. Special sessions of the Stabilisation and Association Council may be held at the request of either Party, if the Parties so agree. Meetings of the Stabilisation and Association Council shall be jointly convened by the Secretaries of the Stabilisation and Association Council in agreement with the Chair.
         Article 3
         Delegations
         Before each meeting, the Chair shall be informed of the intended composition of the delegation of each Party. A representative of the European Investment Bank (EIB) shall attend the meetings of the Stabilisation and Association Council, as an observer, when matters which concern the EIB appear on the agenda. The Stabilisation and Association Council may also invite other persons to attend its meetings in order to provide information on particular subjects.
         Article 4
         Secretariat
         An official of the General Secretariat of the Council of the European Union and an official of the representation of Kosovo in Belgium shall act jointly as Secretaries of the Stabilisation and Association Council.
         Article 5
         Correspondence
         Correspondence addressed to the Stabilisation and Association Council shall be sent to the Chair of the Stabilisation and Association Council at the address of the General Secretariat of the Council of the European Union.
         Both Secretaries shall ensure that correspondence is forwarded to the Chair of the Stabilisation and Association Council and, where appropriate, circulated to other members of the Stabilisation and Association Council. Correspondence circulated shall be sent to the Secretariat-General of the Commission, the European External Action Service and the Representation of Kosovo in Belgium.
         Communications from the Chair of the Stabilisation and Association Council shall be sent to the addressees by both Secretaries and circulated, where appropriate, to the other members of the Stabilisation and Association Council referred to in the second paragraph.
         Article 6
         Publicity
         Unless otherwise decided, the meetings of the Stabilisation and Association Council shall not be public.
         Article 7
         Agendas for meetings
         1.   The Chair shall draw up a provisional agenda for each meeting. It shall be forwarded by the Secretaries of the Stabilisation and Association Council to the addressees referred to in Article 5 not later than 15 days before the beginning of the meeting. The provisional agenda shall include the items in respect of which the Chair has received a request for inclusion on the agenda not later than 21 days before the beginning of the meeting, although items shall not be written into the provisional agenda unless the supporting documentation has been forwarded to the Secretaries not later than the date of despatch of the agenda. The agenda shall be adopted by the Stabilisation and Association Council at the beginning of each meeting. An item other than those appearing on the provisional agenda may be placed on the agenda if both Parties so agree.
         2.   The Chair may, in agreement with both Parties, shorten the time limits specified in paragraph 1 in order to take account of the requirements of a particular case.
         Article 8
         Minutes
         Draft minutes of each meeting shall be drawn up by both Secretaries. The minutes shall, as a general rule, indicate in respect of each item on the agenda:

                     —

                     the documentation submitted to the Stabilisation and Association Council,

                     —

                     statements requested for entry by a member of the Stabilisation and Association Council,

                     —

                     the decisions taken and recommendations made, the statements agreed upon and the conclusions adopted.

               The draft minutes shall be submitted to the Stabilisation and Association Council for approval. When approved, the minutes shall be signed by the Chair and both Secretaries. The minutes shall be filed in the archives of the General Secretariat of the Council of the European Union, which will act as a depository of the documents of the Association. A certified copy shall be forwarded to each of the addressees referred to in Article 5.
         Article 9
         Decisions and recommendations
         1.   The Stabilisation and Association Council shall take its decisions and make recommendations by common agreement of the Parties, without prejudice to Articles 2 and 5 of the Agreement. The Stabilisation and Association Council may take decisions or make recommendations by written procedure if both Parties so agree.
         2.   The decisions and recommendations of the Stabilisation and Association Council, within the meaning of Article 128 of the Agreement, shall be entitled ‘Decision’ and ‘Recommendation’ respectively, followed by a serial number, by the date of their adoption and by a description of their subject matter. The decisions and recommendations of the Stabilisation and Association Council shall be signed by the Chair and authenticated by both Secretaries. Decisions and recommendations shall be forwarded to each of the addressees referred to in Article 5. Each Party may decide on the publication of decisions and recommendations of the Stabilisation and Association Council in its respective official publication.
         Article 10
         Languages
         The official languages of the Stabilisation and Association Council shall be the authentic languages of the Stabilisation and Association Agreement. Unless otherwise decided, the Stabilisation and Association Council shall base its deliberations on documentation drawn up in those languages.
         Article 11
         Expenses
         The European Union and Kosovo shall each defray the expenses they incur by reason of their participation in the meetings of the Stabilisation and Association Council, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure. Expenditure in connection with interpreting at meetings, translation and reproduction of documents as well as other expenditure relating to the organisation of meetings shall be borne by the Party hosting the meetings.
         Article 12
         Stabilisation and Association Committee
         1.   A Stabilisation and Association Committee (‘the Committee’) is hereby established in order to assist the Stabilisation and Association Council in carrying out its duties. It shall be composed of representatives of the European Union on the one hand, and of Kosovo on the other, normally at senior civil servant level.
         2.   The Committee shall prepare the meetings and the deliberations of the Stabilisation and Association Council, implement the decisions of the Stabilisation and Association Council where appropriate and, in general, ensure continuity of the association relationship and the proper functioning of the Agreement. It shall consider any matter referred to it by the Stabilisation and Association Council as well as any other matter which may arise in the course of the day-to-day implementation of the Stabilisation and Association Agreement. It shall submit proposals or any draft decisions/recommendations for adoption to the Stabilisation and Association Council.
         3.   In cases where the Agreement refers to an obligation to consult or a possibility of consultation, such consultation may take place within the Committee. The consultation may continue in the Stabilisation and Association Council if both Parties so agree.
         4.   The rules of procedure of the Stabilisation and Association Committee are annexed to this Decision.

            Done at

                  For the Stabilisation and Association Council

                  The Chair

            (*)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

            ANNEX
            to
            DECISION No 1/2016 OF THE EU — KOSOVO (*) STABILISATION AND ASSOCIATION COUNCIL
            of [date]
            Rules of Procedure of the Stabilisation and Association Committee
            Article 1
            Chairmanship
            The Parties shall hold the chairmanship of Stabilisation and Association Committee (‘the Committee’) alternately for a period of 12 months. The first period shall begin on the date of the first Stabilisation and Association Council meeting and end on 31 December of the same year.
            Article 2
            Meetings
            The Committee shall meet when circumstances require, with the agreement of both Parties. Each meeting of the Committee shall be held at a time and place agreed by both Parties. Meetings of the Committee shall be convened by the Chair.
            Article 3
            Delegations
            Before each meeting, the Chair shall be informed of the intended composition of the delegation of each Party.
            Article 4
            Secretariat
            An official of the European Commission and an official of Kosovo shall act jointly as Secretaries of the Committee. All communications to and from the Chair of the Committee provided for in this Decision shall be forwarded to the Secretaries of the Committee and to the Secretaries and the Chair of the Stabilisation and Association Council.
            Article 5
            Publicity
            Unless otherwise decided, the meetings of the Committee shall not be public.
            Article 6
            Agendas for meetings
            1.   The Chair shall draw up a provisional agenda for each meeting. It shall be forwarded by the Secretaries of the Committee to the addressees referred to in Article 4 not later than 30 working days before the beginning of the meeting. The provisional agenda shall include the items in respect of which the Chair has received a request for inclusion on the agenda not later than 35 working days before the beginning of the meeting, although items shall not be written into the provisional agenda unless the supporting documentation has been forwarded to the Secretaries not later than the date of dispatch of the agenda. The Committee may ask experts to attend its meetings in order to provide information on particular subjects. The agenda shall be adopted by the Committee at the beginning of each meeting. An item other than those appearing on the provisional agenda may be placed on the agenda if both Parties so agree.
            2.   The Chair may, in agreement with both Parties, shorten the time limits specified in paragraph 1 in order to take account of the requirements of a particular case.
            Article 7
            Minutes
            Minutes shall be taken for each meeting and shall be based on a summing up by the Chair of the conclusions arrived at by the Committee. When approved by the Committee, the minutes shall be signed by the Chair and by the Secretaries and filed by each of the Parties. A copy of the minutes shall be forwarded to each of the addressees referred to in Article 4.
            Article 8
            Decisions and recommendations
            In the specific cases where the Committee is empowered by the Stabilisation and Association Council under Article 128 of the Agreement to take decisions or make recommendations, those acts shall be made in accordance with Article 9 of the Rules of Procedure of the Stabilisation and Association Council.
            Article 9
            Expenses
            The European Union and Kosovo shall each defray the expenses they incur by reason of their participation in the meetings of the Committee, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure. Expenditure in connection with interpreting at meetings, translation and reproduction of documents as well as other expenditure relating to the organisation of meetings shall be borne by the Party hosting the meetings.
            Article 10
            Subcommittees and special groups
            The Committee may create subcommittees and special groups to work under its authority. They shall report to the Committee after each of their meetings. The Committee may decide to abolish any existing subcommittees or groups, lay down or modify their terms of reference or set up further subcommittees or groups to assist it in carrying out its duties. Those subcommittees and groups shall not have any decision-making powers.

               (*)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

         ANNEX

            DRAFT
            DECISION No 1/2016 OF THE EU — KOSOVO (*) STABILISATION AND ASSOCIATION COMMITTEE
            of [day month] 2016
            creating subcommittees and special groups
            THE STABILISATION AND ASSOCIATION COMMITTEE,
            Having regard to the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (*), of the other part, and in particular Article 130 thereof,
            Having regard to its rules of procedure, and in particular Article 10 thereof,
            HAS ADOPTED THIS DECISION:
            Sole Article
            The subcommittees and special groups listed in Annex I are hereby created. Their terms of reference are set out in Annex II.

               Done at …, on [day month] 2016.

                     For the Stabilisation and Association Committee

                     The Chair

               (*)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

               ANNEX I

                  Multidisciplinary Subcommittee Structure

                           Title

                           Issues

                           Agreement Article

                                       1.

                                       Trade, Industry, Customs and Taxation

                           Free Movement of Goods

                           Article 20

                           Industrial Products

                           Article 21-25

                           Commercial questions

                           Article 36-49

                           Standardisation, metrology, accreditation, certification, conformity assessment, and market surveillance

                           Article 80

                           Industrial cooperation

                           Article 99

                           SMEs

                           Article 100

                           Tourism

                           Article 101

                           Customs

                           Article 104

                           Taxation

                           Article 105

                           Rules of origin

                           Protocol III

                           Mutual administrative assistance in customs matters

                           Protocol IV

                                       2.

                                       Agriculture and Fisheries

                           Agricultural products

                           Article 26, 28, 29, 33, 34 and 37

                           Fisheries products

                           Article 31 and 32, Annexes IV & V

                           Processed agricultural products

                           Article 27 and Protocol I

                           Wine

                           Article 30 and Protocol II

                           Protection of geographical indications for agricultural and fishery products and foodstuffs other than wine and spirits

                           Article 35

                           Agriculture and the agro-industrial sector, veterinary and phytosanitary matters

                           Article 102

                           Fisheries cooperation

                           Article 103

                                       3.

                                       Internal Market and Competition

                           Right of establishment

                           Article 50-54

                           Supply of services

                           Article 55-60

                           Other questions related to Title V of the Agreement

                           Article 61-73

                           Approximation of legislation and law enforcement

                           Article 74

                           Competition

                           Article 75-76

                           Intellectual, industrial and commercial property

                           Article 77-78

                           Public procurement

                           Article 79

                           Banking, insurance and other financial services

                           Article 96

                           Consumer protection

                           Article 81

                                       4.

                                       Economic and financial issues and statistics

                           Current payments and movement of capital

                           Article 64-66

                           Economic policy

                           Article 94

                           Statistical cooperation

                           Article 95

                           Investment promotion and protection

                           Article 98

                           Financial cooperation

                           Article 121-125

                                       5.

                                       Justice, freedom and security

                           Reinforcement of institutions and rule of law

                           Article 83

                           Fundamental rights, including anti-discrimination and data protection

                           Article 3, 4 and 84

                           Judicial cooperation in civil and criminal matters

                           Article 83

                           Visa, border/boundary control, asylum and migration

                           Article 85-86

                           Prevention and control of illegal immigration, readmission

                           Article 87-88

                           Money laundering

                           Article 89

                           Drugs

                           Article 90

                           Combating terrorism

                           Article 92

                           Preventing organised crime and other illegal activities

                           Article 91

                                       6.

                                       Innovation, information society, and social policy

                           Working conditions and equal opportunities

                           Article 82

                           Social cooperation

                           Article 106

                           Education and training

                           Article 107

                           Cultural cooperation

                           Article 108

                           Cooperation in the audiovisual field

                           Article 109

                           Information society

                           Article 110

                           Electronic communications networks and services

                           Article 111

                           Information and communication

                           Article 112

                           Research and technological development

                           Article 118

                                       7.

                                       Transport, energy, environment, and regional development

                           Transport

                           Article 113

                           Energy

                           Article 114

                           Environment

                           Article 115

                           Climate change

                           Article 116

                           Civil protection

                           Article 117

                           Regional and local development

                           Article 119

                  Structure of the Special groups

                           Title

                           Issues

                           Agreement Article

                           Special Group for reform of public administration

                           Public administration reform

                           Article 120

                           Special Group on normalisation (1)

                           Visible and sustainable improvement of Kosovo's relations with Serbia, and effective cooperation with the EU's CSDP mission while in place

                           Article 5

                  (1)  This special group does not replace the dialogue between Pristina and Belgrade conducted under the auspices of the High Representative.

               ANNEX II

                  Terms of Reference of the EU — Kosovo
                   (*)
                  Subcommittees and Special Groups

                  Composition and Chair

               The subcommittees and the special groups on public administration reform (PAR) and on normalisation shall be composed of representatives of the European Commission, the European External Action Service in the case of the special group on normalisation, and representatives of Kosovo. They shall be chaired alternately by both parties. The Member States will be informed and invited to the meetings of the subcommittees and the special groups on PAR and on normalisation.

                  Secretariat

               An official of the European Commission, or of the European External Action Service in the case of the special group on normalisation, and an official of Kosovo shall act jointly as secretaries of each of the subcommittees and the special groups.
               All communications concerning the subcommittees and special groups shall be forwarded to the secretaries of the relevant subcommittee and of the special groups.

                  Meetings

               The subcommittees and the special groups shall meet whenever circumstances require, with the agreement of both Parties. Each meeting of a subcommittee or special group shall be held at a time and place agreed by both Parties.
               If both Parties agree, the subcommittees and the special groups may invite experts to their meetings to provide the specific information requested.

                  Agenda and supporting documentation

               The Chair and the secretaries shall draw up a provisional agenda for each meeting not later than 30 working days before the beginning of the meeting.
               The provisional agenda shall include items in respect of which a request for inclusion has been received by the secretaries not later than 35 working days before the beginning of the meeting.
               Following the agreement of the provisional agenda for each meeting and not later than 10 working days before the beginning of the meeting, the secretary on behalf of Kosovo shall submit to the secretary on behalf of the European Commission, or the European External Action Service in the case of the special group on normalisation, the necessary written documentation following the items agreed in the provisional agenda.
               If the deadline referred to in the third paragraph is not respected, the meeting shall be automatically cancelled without further notice.

                  Subject matters

               The subcommittees shall discuss issues related to the areas of the Agreement as listed in the multidisciplinary subcommittee structure. Progress regarding the approximation, implementation and enforcement of legislation shall be assessed under all subject matters. The subcommittees shall examine any problems that may arise in their relevant sectors and shall suggest possible steps to be taken.
               The subcommittees shall also serve as fora for the further clarification of the acquis and shall review progress made by Kosovo in conforming to the acquis in line with commitments taken under the Agreement.
               The special group on PAR shall discuss issues related to public administration reform and suggest possible steps to be taken. The special group on normalisation shall discuss issues related to the visible and sustainable improvement of Kosovo's relations with Serbia, and effective cooperation with the Common Security and Defence Policy mission while in place, and suggest possible steps to be taken.

                  Minutes

               Minutes shall be taken for and agreed after each meeting. A copy of the minutes shall be forwarded by the secretary of the subcommittee or the special group to the Secretary of the Stabilisation and Association Committee.

                  Publicity

               Unless otherwise decided, the meetings of the subcommittees and the special groups shall not be public.

                  (*)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.


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32003D0700

2003/700/EC: Council Decision of 29 September 2003 appointing an alternate member of the Committee of the Regions

Official Journal L 254 , 08/10/2003 P. 0020 - 0020

Council Decisionof 29 September 2003appointing an alternate member of the Committee of the Regions(2003/700/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Spanish Government,Whereas:(1) The Council adopted Decision 2002/60/EC of 22 January 2002(1) appointing the members and alternate members of the Committee of the Regions.(2) The seat of an alternate member of the Committee of the Regions has become vacant following the expiry of the term of office of Mr José RIPOLL SERRANO, of which the Council was notified on 23 July 2003,HAS DECIDED AS FOLLOWS:Sole ArticleMr Alejandro FONT DE MORA TURÓN, Consejero de Presidencia de la Generalitat Valenciana, is hereby appointed an alternate member of the Committee of the Regions in place of Mr José RIPOLL SERRANO for the remainder of his term of office, which ends on 25 January 2006.Done at Brussels, 29 September 2003.For the CouncilThe PresidentF. Frattini(1) OJ L 24, 26.1.2002, p. 38.


title: 2012/593/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/266

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2010
   (2012/593/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2010, together with the Foundation’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 — C7-0051/2012),

               —

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

               —

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

               —

               having regard to Regulation (EEC) No 1365/75 of the Council of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (3), and in particular Article 16 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0116/2012),

               1.

               Approves the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2010;

               2.

               Instructs its President to forward this Decision to the Director of the European Foundation for the Improvement of Living and Working Conditions, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 150.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 139, 30.5.1975, p. 1.

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


title: Council Decision 2008/814/CFSP of 13 October 2008 concerning the conclusion of an Agreement between the European Union and the United States of America on the participation of the United States of America in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO

text:
               25.10.2008

               EN

               Official Journal of the European Union

               L 282/32

         COUNCIL DECISION 2008/814/CFSP
   of 13 October 2008
   concerning the conclusion of an Agreement between the European Union and the United States of America on the participation of the United States of America in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
   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 4 February 2008, the Council adopted Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (1).

               (2)

               That Joint Action provides that detailed arrangements regarding the participation of third States shall be laid down in an agreement to be concluded in accordance with Article 24 of the Treaty.

               (3)

               On 13 December 2004, the Council authorised the Presidency, assisted where necessary by the Secretary-General/High Representative, in case of future EU civilian crisis management operations to open negotiations with third States with a view to concluding an agreement on the basis of the model agreement between the European Union and a third State on the participation of a third State in a European Union civilian crisis management operation. On that basis, the Presidency negotiated an Agreement with the United States of America on the participation of the United States of America in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO.

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the United States of America on the participation of the United States of America in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO, is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 13 October 2008.

            For the Council

            The President

         B. KOUCHNER

      (1)  OJ L 42, 16.2.2008, p. 92.
    ---documentbreak---

               25.10.2008

               EN

               Official Journal of the European Union

               L 282/33

         AGREEMENT
   between the European Union and the United States of America on the participation of the United States of America in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
   THE EUROPEAN UNION (EU or EUROPEAN UNION),
   of the one part, and
   THE UNITED STATES OF AMERICA (UNITED STATES),
   of the other part,
   hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:
   the shared desire of the European Union and the United States to collaborate closely in supporting the development of Kosovo’s democratic standards, in particular those relating to the Rule of Law,
   the adoption by the Council of the European Union of Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (hereinafter referred to as EULEX KOSOVO),
   the invitation to the United States of 18 February 2008 to participate in the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO,
   the successful completion of the Force Generation process and the recommendation by the EU Civilian Operation Commander and the Committee for Civilian Aspects of Crisis Management to agree on the participation of the United States in the EU-led operation,
   the Political and Security Committee Decision EULEX/2/2008 of 22 April 2008, which accepted the United States contribution to EULEX KOSOVO,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Participation in the operation
   1.   The United States shall associate itself with Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO and with any Joint Action or Decision by which the Council of the European Union decides to extend EULEX KOSOVO, in accordance with the provisions of this Agreement and any implementing arrangements.
   2.   The contribution of the United States to EULEX KOSOVO is without prejudice to the decision-making autonomy of the European Union. The Committee of Contributors, made up of EU Member States, the United States and other non-EU States participating in EULEX KOSOVO, will play a key role in the day-to-day management of the mission; the views of the Committee will be taken into account by the Political and Security Committee which exercises political control and strategic direction over EULEX KOSOVO.
   3.   The United States shall ensure that persons made available as part of its contribution to EULEX KOSOVO (hereinafter seconded personnel) undertake their mission consistent with:

               —

               Joint Action 2008/124/CFSP and possible subsequent amendments,

               —

               the EULEX KOSOVO Operation Plan,

               —

               possible implementing arrangements, and

               —

               this Agreement.

         4.   The United States shall ensure that seconded personnel carry out their duties and conduct themselves in a manner fully supportive of the objectives and interests of EULEX KOSOVO.
   5.   The United States shall inform in due time the Civilian Operations Commander and the Head of Mission of EULEX KOSOVO (hereinafter referred to as Head of Mission) of any change to its contribution to EULEX KOSOVO. The participation of the United States under this Agreement in EULEX KOSOVO shall be subject to the availability of appropriated funds.
   6.   A competent medical authority of the United States shall certify seconded personnel as medically fit for duty, following medical examination and any necessary vaccinations. Personnel seconded to EULEX KOSOVO shall produce a copy of this certification.
   Article 2
   Status of personnel
   1.   The status of seconded personnel serving in Kosovo shall be governed by Article 10(1) of Joint Action 2008/124/CFSP; such personnel shall enjoy privileges and immunities accorded on the basis of relevant UN documents including UNSCR 1244, relevant provisions of the law applicable in Kosovo, and other pertinent documents and correspondence.
   2.   The status of any seconded personnel serving in headquarters or command elements located outside Kosovo shall be governed by arrangements between the headquarters and command elements concerned and the United States.
   3.   The United States shall exercise exclusive legal jurisdiction over seconded personnel, to the extent permitted by its own laws and regulations and without prejudice to the provisions on the status of the personnel referred to in paragraph 1.
   4.   The United States shall be responsible for answering any claims arising from its participation in EULEX KOSOVO, from or concerning any of its seconded personnel. The United States shall be responsible, at its discretion, for bringing any action, in particular legal or disciplinary, against any of its seconded personnel, in accordance with its laws and regulations.
   5.   The United States undertakes to make a declaration as regards the waiver of claims against any State participating in EULEX KOSOVO, and to do so when signing this Agreement.
   6.   The Member States of the European Union undertake to make a declaration as regards the waiver of claims, for the participation of the United States in EULEX KOSOVO, and to do so when signing this Agreement.
   Article 3
   Classified information
   The agreement between the European Union and the government of the United States of America on the security of classified information, done at Washington on 30 April 2007, shall apply in the context of EULEX KOSOVO.
   Article 4
   Chain of command
   1.   The Civilian Operations Commander shall exercise command and control over EULEX KOSOVO at the strategic level. The Head of Mission shall assume responsibility for and exercise command and control over EULEX KOSOVO at theatre level.
   2.   The Head of Mission shall exercise command and control over seconded personnel, teams and units from contributing States as assigned by the Civilian Operations Commander and shall exercise administrative and logistic responsibility including over assets, resources and information placed at the disposal of EULEX KOSOVO.
   3.   The United States shall have the same rights and obligations in terms of the day-to-day management of the operation as participating Member States of the European Union taking part in the operation, in accordance with the legal instruments referred to in Article 1(1).
   4.   The Head of Mission shall be responsible for disciplinary control over the personnel of EULEX KOSOVO. Any disciplinary action shall be the responsibility of the United States.
   5.   A National Contingent Leader (NCL) shall be appointed by the United States to represent its national contingent in EULEX KOSOVO. The NCL shall report to the Head of Mission on national matters and shall be responsible for day-to-day contingent discipline.
   6.   The decision to end the operation shall be taken by the European Union, following consultation with the United States, provided that the United States is still contributing to EULEX KOSOVO on the date of that decision.
   Article 5
   Financial aspects
   The United States shall assume the costs associated with its participation in the operation as set out in Article 9(4) of Joint Action 2008/124/CFSP, unless covered by common funding, as set out in the operational budget of the mission.
   Article 6
   Arrangements to implement the Agreement
   Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy and the appropriate authorities of the United States.
   Article 7
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 8
   Entry into force and termination
   1.   This Agreement shall enter into force on the date of signature and shall remain in force until it is terminated.
   2.   Either Party may terminate this Agreement upon two months written notice to the other party.

      Done at Brussels, in duplicate, in the English language, this day of October, 2008.

            For the European Union

            For the United States of America

   ANNEX
   DECLARATIONS
   Referred to in Article 2(5) and (6)
   Declaration by the EU Member States
   ‘The EU Member States applying the EU Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against the United States for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by EULEX KOSOVO if such injury, death, damage or loss:

               —

               was caused by personnel from the United States in the execution of their duties in connection with EULEX KOSOVO, except in case of gross negligence or wilful misconduct,

               —

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

         Declaration by the United States
   ‘As a participant to the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO, established by the EU Joint Action 2008/124/CFSP of 4 February 2008, the United States will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any other State participating in EULEX KOSOVO for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by EULEX KOSOVO if such injury, death, damage or loss:

               —

               was caused by personnel in the execution of their duties in connection with EULEX KOSOVO, except in case of gross negligence or wilful misconduct,

               —

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


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31994D0444

94/444/ECSC, EC, Euratom: Council Decision of 29 June 1994 extending the term of office of the Secretary- General of the Council of the European Union

Official Journal L 183 , 19/07/1994 P. 0041 - 0041 Finnish special edition: Chapter 1 Volume 3 P. 0156  Swedish special edition: Chapter 1 Volume 3 P. 0156

COUNCIL DECISION of 29 June 1994 extending the term of office of the Secretary-General of the Council of the European Union (94/444/ECSC, EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 151 (2) thereof,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 30 (2) thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121 (2) thereof,  Having regard to the Council Decision of 26 September 1980 appointing the Secretary-General of the Council of the European Communities,  Having regard to the Council Decisions of 10 June 1985 and 12 March 1990 extending the term of office of the Secretary-General of the Council of the European Communities,  Whereas the term of office of the Secretary-General of the Council of the European Union expires on 30 June 1994; whereas the term of office should be extended,  HAS DECIDED AS FOLLOWS:   Article 1  The term of office of Mr Niels Ersboell as Secretary-General of the Council of the European Union is hereby extended from 1 July 1994 until the last day of the month following that in which the Council appoints his successor.   Article 2  The abovementioned Decision of 26 September 1980 shall be amended in so far as it is contrary to this Decision.   Article 3  This Decision shall be notified to Mr Ersboell by the President of the Council.  It shall also be published in the Official Journal of the European Communities.  Done at Brussels, 29 June 1994.  For the Council The President Y. PAPANTONIOU


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41995D0004

95/4/EC, Euratom, ECSC: Decision of the Representatives of the Governments of the Member States of the European Communities of 1 January 1995 appointing Judges and Advocates-General to the Court of Justice of the European Communities

Official Journal L 001 , 01/01/1995 P. 0223 - 0223

DECISION OF THE REPRESENTATIVES  OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIESof 1 January 1995appointing  Judges and Advocates-General to the Court of Justice of the European Communities(95/4/EC, Euratom,  ECSC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN  COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular  Article 32b thereof, Having regard to the Treaty establishing the European Community, and in particular Article 167  thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular  Article 139 thereof, Having regard to the conditions of accession of the Republic of Austria, the Republic of Finland  and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is based,  and in particular Articles 17, 20, 21 and 157 thereof, as they result from the Decision of the  Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession  of new Member States to the European Union, and in particular Articles 10, 11, 12 and 31 thereof, Having regard to the Court's request, Having regard to Article 20 of the Act concerning the conditions of accession of the Republic of  Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on  which the European Union is based, pursuant to which the Court of Justice is to be assisted by  eight Advocates-General; whereas, however, a ninth Advocate-General will be appointed to serve from  the date of accession until 6 October 2000; whereas Mr Antonio Mario LA PERGOLA, at present a  Judge, has agreed to be appointed to that post, Whereas, therefore, three Judges and two Advocates-General should be appointed; Whereas it will be necessary to appoint a third Advocate-General at a later date, HAVE DECIDED AS FOLLOWS: Article 1 Mr Leif SEVÓNis hereby appointed Judge to the Court of Justice for  the period from 1 January 1995 to 6 October 1997 inclusive. Article 2 Mr Peter JANNMr Hans RAGNEMALMare hereby appointed Judges to the Court of Justice for  the period from 1 January 1995 to 6 October 2000 inclusive. Article 3 Mr Dàmaso RUIZ-JARABO COLOMERis hereby appointed Advocate-General to the Court of  Justice for the period from 1 January 1995 to 6 October 1997 inclusive. Article 4 Mr Antonio Mario LA PERGOLAis hereby appointed Advocate-General to the Court of  Justice for the period from 1 January 1995 to 6 October 2000 inclusive. Done at Brussels, 1 January 1995. The PresidentP. DE BOISSIEU


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32001D0395

2001/395/EC: Council Decision of 14 May 2001 on the accession of the European Community to the United Nations Economic Commission for Europe Regulation No 13-H on the component approval of passenger cars in respect of their braking

Official Journal L 139 , 23/05/2001 P. 0014 - 0015

Council Decisionof 14 May 2001on the accession of the European Community to the United Nations Economic Commission for Europe Regulation No 13-H on the component approval of passenger cars in respect of their braking(2001/395/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions ("Revised 1958 Agreement")(1), and in particular Articles 3(3) and 4(2), second indent thereof,Having regard to Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers(2),Having regard to the proposal from the Commission(3),Having regard to the assent of the European Parliament(4),Whereas:(1) The standardised requirements of Regulation No 13-H of the United Nations Economic Commission for Europe on the component approval of passenger cars in respect of their braking is intended to remove technical barriers to the trade in motor vehicles between the Contracting Parties in respect of braking and ensure a high level of safety and environmental protection.(2) Regulation No 13-H has been notified to the Contracting Parties and has entered into force in respect of all the Contracting Parties who did not serve notice of their disagreement by the date or dates specified in the Regulation annexed to the Revised Agreement of 1958.(3) In order to facilitate the access to the markets of countries outside the Community, it appears appropriate to establish the equivalence of the requirements of Regulation No 13-H with those of Council Directive 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers(5).(4) This Regulation should be incorporated into the approval system for motor vehicles and thus be added to the legislation in force within the Community,HAS DECIDED AS FOLLOWS:Article 1The European Community shall accede to Regulation No 13-H of the United Nations Economic Commission for Europe on the component approval of passenger cars in respect of their braking.The text of the Regulation is attached to this Decision(6).Article 2In accordance with the provisions of Article 9(1) of Directive 70/156/EEC, the equivalence of the requirements of Regulation No 13-H of the United Nations Economic Commission for Europe and those of Council Directive 71/320/EEC, shall be recognised.Done at Brussels, 14 May 2001.For the CouncilThe PresidentL. Rekke(1) OJ L 346, 17.12.1997, p. 78.(2) OJ L 42, 23.2.1970, p. 1. Directive as last amended by European Parliament and Council Directive 98/91/EC (OJ L 11, 16.1.1999, p. 25).(3) OJ C 215 E, 25.7.2000, p. 46.(4) Assent given on 3 April 2001 (not yet published in the Official Journal).(5) OJ L 202, 6.9.1971, p. 37. Directive as last amended by Commission Directive 98/12/EC (OJ L 81, 18.3.1998, p. 1).(6) This Regulation shall be published in a future Official Journal.


               15.12.2016

               EN

               Official Journal of the European Union

               C 468/280

         P7_TA(2013)0559
   Appointment of a member of the Court of Auditors (Phil Wynn Owen — UK)
   European Parliament decision of 11 December 2013 on the nomination of Phil Wynn Owen as a Member of the Court of Auditors (C7-0313/2013 — 2013/0811(NLE))
   (Consultation)
   (2016/C 468/60)

      The European Parliament,

               —

               having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0313/2013),

               —

               having regard to Rule 108 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0438/2013),

               A.

               whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;

               B.

               whereas at its meeting of 7 November 2013 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;

               1.

               Delivers a favourable opinion on the Council’s nomination of Phil Wynn Owen as a Member of the Court of Auditors;

               2.

               Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.


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31981D0964

81/964/EEC: Council Decision of 24 November 1981 replacing a member of the Committee of the European Social Fund

Official Journal L 354 , 09/12/1981 P. 0024 - 0024

+++++( 1 ) OJ NO L 249 , 10 . 11 . 1971 , P . 54 .  ( 2 ) OJ NO 56 , 31 . 8 . 1960 , P . 1201/60 .  ( 3 ) OJ NO L 91 , 12 . 4 . 1968 , P . 25 .  COUNCIL DECISION OF 24 NOVEMBER 1981 REPLACING A MEMBER OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND ( 81/964/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO REGULATION ( EEC ) NO 2396/71 ( 1 ) ON THE EUROPEAN SOCIAL FUND ,  HAVING REGARD TO THE RULES OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND ( 2 ) , AS AMENDED BY THE COUNCIL DECISION OF 9 APRIL 1968 ( 3 ) , AND IN PARTICULAR ARTICLE 7 THEREOF ,  HAVING REGARD TO THE COUNCIL DECISION OF 10 NOVEMBER 1980 APPOINTING THE MEMBERS AND ALTERNATE MEMBERS OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND FOR THE PERIOD ENDING 9 NOVEMBER 1982 ,  WHEREAS A SEAT AS MEMBER OF THE AFORESAID COMMITTEE IN THE GOVERNMENT REPRESENTATIVES' CATEGORY HAS FALLEN VACANT FOLLOWING THE RESIGNATION OF MR FENGER , NOTIFIED TO THE COUNCIL ON 10 NOVEMBER 1981 ,  HAVING REGARD TO THE NOMINATION SUBMITTED ON 10 NOVEMBER 1981 ,  HAS DECIDED AS FOLLOWS :  SOLE ARTICLE  MR IWAN NOERLOV IS HEREBY APPOINTED MEMBER OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND IN PLACE OF MR FENGER FOR THE REMAINDER OF THE LATTER'S TERM OF OFFICE , WHICH RUNS UNTIL 9 NOVEMBER 1982 .  DONE AT BRUSSELS , 24 NOVEMBER 1981 .  FOR THE COUNCIL  THE PRESIDENT  N . RIDLEY


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32000D0748

2000/748/EC: Administrative Commission of the European Communities on social security for migrant workers - Decision No 177 of 5 October 1999 on the forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 128 and E 128 B) (Text with EEA relevance)

Official Journal L 302 , 01/12/2000 P. 0065 - 0070

Decision No 177of 5 October 1999on the forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 128 and E 128 B)(Text with EEA relevance)(2000/748/EC)THE ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their family moving within the Community(1), under which it is the duty of the Administrative Commission to deal with all administrative questions or questions of interpretation arising fom Regulation (EEC) No 1408/71 and subsequent Regulations,Having regard to Article 2(1) of Council Regulation (EEC) No 574/72 of 21 March 1972, under which it is the duty of the Administrative Commission to draw up models of certificates, certified statements, declarations, applications and other documents necessary for the application of the Regulations,Having regard to Decision No 165 of 30 June 1997 laying down and adapting certain model forms necessary for the application of the said Regulations,Whereas:(1) Forms E 128 and E 128 B are to be amended in order to take account of Council Regulation (EC) No 307/1999 of 8 February 1999 which extended to students the provisions governing entitlement to sickness benefits in kind.(2) The Agreement on the European Economic Area of 2 May 1992, as supplemented by the Protocol of 17 March 1993, Annex VI, implements Regulations (EEC) No 1408/71 and (EEC) No 574/72 within the European Economic Area.(3) By Decision of the EEA Joint Committee, the model forms necessary for the application of Regulations (EEC) No 1408/71 and (EEC) No 574/72 shall be adapted and used within the European Economic Area.(4) For practical reasons, identical forms should be used within the Community and within the European Economic Area.(5) The language in which the forms should be drawn up has been decided by Recommendation No 15 of the Administrative Commission,HAS DECIDED AS FOLLOWS:1. Forms E 128 and E 128 B, concerning benefits in kind required during a stay in a Member State without imposing a condition of immediate need, as contained in Decision No 165 of 30 June 1997, shall be replaced by the attached models.2. The competent authorities of the Member States shall make available to those concerned (rightful claimants, institutions, employers, etc.) the forms according to the attached models.3. Each form shall be available in the official languages of the Community and laid out in such a manner that the different versions are perfectly superposable, thereby making it possible for each person or body to which a form is addressed (rightful claimants, institution, employer, etc.) to receive the printed form in their own language.4. This Decision shall be published in the Official Journal of the European Communities. It shall be applicable from the first day of the month following its publication.The Chairman of the Administrative CommissionJorma Perälä(1) OJ L 149, 5.7.1971, p. 2.>PIC FILE= "L_2000302EN.006702.EPS">>PIC FILE= "L_2000302EN.006801.EPS">>PIC FILE= "L_2000302EN.006901.EPS">>PIC FILE= "L_2000302EN.007001.EPS">


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31989D0241

89/241/EEC: Council Decision of 5 April 1989 amending Decision 87/499/EEC introducing a communications network Community programme on trade electronic data interchange systems (Tedis)

Official Journal L 097 , 11/04/1989 P. 0046 - 0046

*****COUNCIL  DECISION  of 5 April 1989  amending Decision 87/499/EEC introducing a communications network Community programme on trade electronic data interchange systems (Tedis)  (89/241/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and social Committee (3),  Whereas by Decision 87/499/EEC (4) the Council set up a communications network Community programme on trade electronic data interchange systems (Tedis) in trade, industry and administration; whereas this programme includes activities and studies aimed at avoiding incompatibility between different electronic trade data interchange systems by lack of common standards;  Whereas certain non-member countries, in particular the member states of the European Free Trade Association, take an active part in drawing up European and international standards in this area; whereas these countries have expressed the desire to be associated with the Tedis programme;  Whereas it is in the Community's interest to avoid fresh barriers to trade with these countries in the sector in question and to contribute to the coordinated development of trade electronic data interchange systems in Europe;  Whereas agreements to this effect should therefore be concluded with the non-member countries concerned;  Whereas the Treaty does not provide, for the action concerned, powers other than those of Article 235,  HAS DECIDED AS FOLLOWS:  Article 1  Decision 87/499/EEC is hereby amended as follows:  (1) In Article 5, the phrase 'established in the Community' is replaced by the phrase 'established in the Community or a non-member country with which the Community has concluded an agreement associating the country in question with the programme.'  (2) The following Article shall be inserted:  'Article 5a  In accordance with Article 228 of the Treaty, the Community may conclude agreements with non-member countries, and in particular with the members of the European Free Trade Association, with a view to associating them fully or partially with the programme.  The Commission shall be authorized to negotiate these agreements.'  Article 2  This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.  Done at Luxembourg, 5 April 1989.  For the Council  The President  M. CHAVES GONZALEZ  (1) OJ No C 273, 22. 10. 1988, p. 3.  (2) OJ No C 69, 20. 3. 1989.  (3) OJ No C 56, 6. 3. 1989, p. 51.  (4) OJ No L 285, 8. 10. 1987, p. 35.


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32004B0180

2004/180/EC: Decision of the European Parliament of 29 January 2004 on the discharge in respect of the implementation of the general budget of the European Union for the 2001 financial year — Section VII — Committee of the Regions

Official Journal L 057 , 25/02/2004 P. 0006 - 0007 Official Journal 064 E , 12/03/2004 P. 0228 - 0228

Decision of the European Parliamentof 29 January 2004on the discharge in respect of the implementation of the general budget of the European Union for the 2001 financial year - Section VII - Committee of the Regions(2004/180/EC)THE EUROPEAN PARLIAMENT,having regard to the revenue and expenditure account and balance sheet in respect of the financial year 2001 (SEC(2002) 405 - C5-0247/2002),having regard to the annual report of the European Court of Auditors for the financial year 2001, together with the institutions' replies (C5-0538/2002)(1),having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the European Court of Auditors pursuant to Article 248 of the EC Treaty (C5-0538/2002),having regard to the Council's recommendation of 7 March 2003 (C5-0087/2003),having regard to Articles 272(10) and 275 of the EC Treaty,having regard to Article 22(2) and (3) of the Financial Regulation of 21 December 1977(2) and Article 50 of the Financial Regulation of 25 June 2002(3),having regard to the observations of the Financial Controller of the Committee of the Regions in his note to the Committee of the Regions' Secretary-General of 25 September 2001,having regard to the letter from the Committee of the Regions' Director of Administration to the Chairman of the Committee on Budgetary Control of 27 February 2003,having regard to the letter from the Court of Auditors received on 11 July 2003 by the Committee of the Regions in response to its request for an audit of the 2001 accounts and the interim case report by OLAF dated 28 July 2003,having regard to the final report by OLAF dated 8 October 2003 and the comments of the Committee of the Regions on that report, forwarded by letter of 29 October 2003,having regard to Rule 93a and Annex V of its Rules of Procedure,having regard to its decision and resolution of 8 April 2003(4) postponing discharge,having regard to the report of the Committee on Budgetary Control (A5-0486/2003),1. Gives discharge to the Secretary-General of the Committee of the Regions in respect of the implementation of the budget for the 2001 financial year;2. Records its comments in the accompanying resolution;3. Instructs its President to forward this decision and the accompanying resolution to the Council, the Commission, the Court of Auditors, the Committee of the Regions and the European Economic and Social Committee, and to have them published in the Official Journal of the European Union (L series).The Secretary-GeneralJulian PriestleyThe PresidentPat Cox(1) OJ C 295, 28.11.2002, p. 1.(2) OJ L 356, 31.12.1977, p. 1.(3) OJ L 248, 16.9.2002, p. 1.(4) OJ L 148, 16.6.2003, pp. 57 and 58.


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32002D0970

2002/970/EC: Council Decision of 18 November 2002 concerning the conclusion on behalf of the European Community of the International Cocoa Agreement 2001

Official Journal L 342 , 17/12/2002 P. 0001 - 0001

Council Decisionof 18 November 2002concerning the conclusion on behalf of the European Community of the International Cocoa Agreement 2001(2002/970/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) thereof,Having regard to the proposal from the Commission,Whereas:(1) On 2 March 2001 the Unctad negotiating conference formally approved by way of decision the text of the International Cocoa Agreement 2001.(2) This new agreement has been negotiated to replace the International Cocoa Agreement 1993, as extended, which will remain in force until 30 September 2003 at the latest.(3) The International Cocoa Agreement 2001 is open for signature and deposit of the instruments of ratification, acceptance or approval.(4) The Community is a member of the 1993 International Agreement, as extended, and it is therefore in its interest to approve the agreement which succeeds it,HAS DECIDED AS FOLLOWS:Article 1The International Cocoa Agreement 2001 is hereby approved on behalf of the European Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person empowered to sign the agreement and deposit the instrument of approval on behalf of the Community.Done at Brussels, 18 November 2002.For the CouncilP. S. MøllerThe President