title: Council Decision of 10 October 2017 adopting the Council’s position on draft amending budget No 5 of the European Union for the financial year 2017

text:
               17.10.2017

               EN

               Official Journal of the European Union

               C 348/4

         COUNCIL DECISION
   of 10 October 2017
   adopting the Council’s position on draft amending budget No 5 of the European Union for the financial year 2017
   (2017/C 348/06)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,
   Whereas:

               —

               the Union’s budget for the financial year 2017 was definitively adopted on 1 December 2016 (2),

               —

               on 28 July 2017, the Commission submitted a proposal containing draft amending budget No 5 to the general budget for the financial year 2017,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council’s position on draft amending budget No 5 of the European Union for the financial year 2017 was adopted on 10 October 2017.
   The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

      Done at Luxembourg, 10 October 2017.

            For the Council

            The President

         T. TÕNISTE

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

      (2)  OJ L 51, 28.2.2017, p. 1.


title: Council Decision (EU) 2016/1744 of 20 September 2016 on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver

text:
               30.9.2016

               EN

               Official Journal of the European Union

               L 264/27

         COUNCIL DECISION (EU) 2016/1744
   of 20 September 2016
   on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with point (a)(v) of the second subparagraph of Article 218(6), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

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

               (2)

               In accordance with Council Decision (EU) 2016/437 (2), the Agreement has been signed and is applied on a provisional basis as from 15 March 2016.

               (3)

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

               (4)

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

               (5)

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

               (6)

               The Agreement should be approved,

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

      Done at Brussels, 20 September 2016.

            For the Council

            The President

         I. KORČOK

      (1)  Consent given on 5 July 2016 (not yet published in the Official Journal).

      (2)  Council Decision (EU) 2016/437 of 10 March 2016 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Republic of Peru on the short-stay visa waiver (OJ L 78, 24.3.2016, p. 2).

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

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

      (5)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


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31981D0746

81/746/EEC: Council Decision of 17 September 1981 replacing a member of the Advisory Committee on Freedom of Movement for Workers

Official Journal L 269 , 24/09/1981 P. 0020 - 0020

*****COUNCIL  DECISION  of 17 September 1981  replacing a member of the Advisory Committee on Freedom of Movement for Workers  (81/746/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1), and in particular Article 27 thereof,  Having regard to the Council Decision of 17 March 1980 appointing, for the period ending on 16 March 1982, members and alternate members to the Advisory Committee on Freedom of Movement for Workers,  Whereas, following the resignation of Dr Hoemig, of which the Council was notified on 20 July 1981, a member's seat has fallen vacant on the abovementioned Committee in the government representatives category;  Having regard to the nomination submitted on 20 July 1981,  HAS DECIDED AS FOLLOWS:  Sole Article  Mr Ernst Birker is hereby appointed Member of the Advisory Committee on Freedom of Movement for Workers in place of Dr Hoemig for the remainder of the latter's term of office, which runs until 16 March 1982.  Done at Brussels, 17 September 1981.  For the Council  The President  G. HOWE  (1) OJ No L 257, 19. 10. 1968, p. 2.


title: 75/251/EEC: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and the Republic of Afghanistan on the supply of skimmed-milk powder as food aid

text:
No L 107/ 26                    Official Journal of the European Communities                       26 . 4 . 75
                                                        II
                                   (Acts whose publication is not obligatory)
                                               COUNCIL
                                            COUNCIL DECISION
                                             of 17 February 1975
           on the conclusion of the Agreement between the European Economic Commu
           nity and the Republic of Afghanistan on the supply of skimmed-milk powder as
                                                    food aid
                                                 (75/251 / EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community, and in
           particular Articles 113, 114 and 228 thereof ;
           Having regard to the recommendation from the Commission ;
           Whereas by Regulation ( EEC) No 1827/74, the Council has decided to make 300 metric
           tons of skimmed-milk powder available to the Republic of Afghanistan,
           HAS DECIDED AS FOLLOWS :
                                                    Article 1
           The Agreement between the European Economic Community and the Republic of Afgh
           anistan on the supply of skimmed-milk powder as food aid is hereby concluded on behalf
           of the Community.
           The text of the Agreement is annexed to this Decision .
                                                    Article 2
           The President of the Council is hereby authorized to designate the persons empowered to
           sign the Agreement, and to confer on them the powers necessary to bind the Community .
           Done at Brussels, 17 February 1975 .
                                                                      For the Council
                                                                       The President
                                                                         R. RYAN


title: Decision (EU) 2016/1572 of the European Parliament of 28 April 2016 on the closure of the accounts of the European Police Office (Europol) for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/366

         DECISION (EU) 2016/1572 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on the closure of the accounts of the European Police Office (Europol) for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Police Office for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Police Office for the financial year 2014, together with the Office’s reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Office in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0084/2016),

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (4), and in particular Article 43 thereof,

               —

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

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

               having regard to Rule 94 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0122/2016),

               1.

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

               2.

               Approves the closure of the accounts of the European Police Office for the financial year 2014;

               3.

               Instructs its President to forward this decision to the Director of the European Police Office, 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 409, 9.12.2015, p. 324.

      (2)  See footnote 1.

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

      (4)  OJ L 121, 15.5.2009, p. 37.

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

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


title: Decision (EU) 2016/34 of the European Parliament of 17 December 2015 on setting up a Committee of Inquiry into emission measurements in the automotive sector, its powers, numerical strength and term of office

text:
               15.1.2016

               EN

               Official Journal of the European Union

               L 10/13

         DECISION (EU) 2016/34 OF THE EUROPEAN PARLIAMENT
   of 17 December 2015
   on setting up a Committee of Inquiry into emission measurements in the automotive sector, its powers, numerical strength and term of office
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the request presented by 283 Members for a committee of inquiry to be set up to investigate alleged contraventions and maladministration in the application of Union law in relation to emission measurements in the automotive sector,

               —

               having regard to the proposal by the Conference of Presidents,

               —

               having regard to Article 226 of the Treaty on the Functioning of the European Union,

               —

               having regard to Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament's right of inquiry (1),

               —

               having regard to Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6), and on access to vehicle repair and maintenance information (2),

               —

               having regard to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (3),

               —

               having regard to Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (4), and ongoing infringement procedures in respect of it,

               —

               having regard to Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles (5),

               —

               having regard to its resolution of 27 October 2015 on emission measurements in the automotive sector (6), which calls for a thorough investigation regarding the role and responsibility of the Commission and of Member States' authorities, bearing in mind, inter alia, the problems established in the 2011 report of the Commission's Joint Research Centre,

               —

               having regard to the draft Commission Regulation amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (D042120),

               —

               having regard to the opinion delivered on 28 October 2015 by the Technical Committee — Motor Vehicles (TCMV) established by Article 40(1) of Directive 2007/46/EC,

               —

               having regard to Rule 198 of its Rules of Procedure,

               1.

               Decides to set up a Committee of Inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to emission measurements in the automotive sector, without prejudice to the jurisdiction of national or Union courts;

               2.

               Decides that the Committee of Inquiry shall:

                           —

                           investigate the alleged failure of the Commission to comply with the obligation imposed by Article 14(3) of Regulation (EC) No 715/2007 to keep under review the test cycles used to measure emissions and to adapt them, if they are no longer adequate or no longer reflect real world emissions, so as to adequately reflect the emissions generated by real driving on the road, despite information relating to serious and persistent exceedances of the emissions limit values for vehicles in normal use, in contravention of the obligations set out in Article 5(1) of Regulation (EC) No 715/2007, including the Commission's Joint Research Centre's reports of 2011 and 2013 and research by the International Council on Clean Transportation (ICCT) made available in May 2014;

                           —

                           investigate the alleged failure of the Commission and the Member States' authorities to take proper and effective action to oversee the enforcement of, and to enforce, the explicit ban on defeat devices, as provided for in Article 5(2) of Regulation (EC) No 715/2007;

                           —

                           investigate the alleged failure of the Commission to introduce tests reflecting real-world driving conditions in a timely manner and to adopt measures addressing the use of defeat mechanisms, as provided for in Article 5(3) of Regulation (EC) No 715/2007;

                           —

                           investigate the alleged failure of Member States to lay down provisions on effective, proportionate and dissuasive penalties applicable to manufacturers for infringements of the provisions of Regulation (EC) No 715/2007, including the use of defeat devices, the refusal to provide access to information, and the falsification of test results for type-approval or in-service conformity, as required by Article 13(1) and (2) of that Regulation;

                           —

                           investigate the alleged failure of the Member States to take all measures necessary to ensure that the provisions on penalties applicable for infringements of Regulation (EC) No 715/2007 are implemented as required by Article 13(1) of that Regulation;

                           —

                           collect and analyse information to ascertain whether the Commission and the Member States had evidence of the use of defeat mechanisms before the Notice of Violation issued by the Environmental Protection Agency of the United States of America on 18 September 2015;

                           —

                           collect and analyse information on the implementation by the Member States of the provisions of Directive 2007/46/EC, in particular as regards Article 12(1) and Article 30(1), (3) and (4);

                           —

                           collect and analyse information to ascertain whether the Commission and Member States had evidence of defeat devices being used for CO2 emissions tests;

                           —

                           make any recommendations that it deems necessary in this matter;

               3.

               Decides that the Committee of Inquiry shall present an interim report within 6 months of starting its work and shall submit its final report within 12 months of starting its work;

               4.

               Decides that the Committee of Inquiry shall have 45 members;

               5.

               Instructs its President to arrange for publication of this decision in the Official Journal of the European Union.

      (1)  OJ L 113, 19.5.1995, p. 1.

      (2)  OJ L 171, 29.6.2007, p. 1.

      (3)  OJ L 263, 9.10.2007, p. 1.

      (4)  OJ L 152, 11.6.2008, p. 1.

      (5)  OJ L 140, 5.6.2009, p. 1.

      (6)  Texts adopted, P8_TA(2015)0375.


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32000D0716

2000/716/EC: Commission Decision of 16 November 2000 updating the amounts specified in Regulation (Euratom, ECSC, EC) No 3418/93 laying down detailed rules for the implementation of the Financial Regulation (notified under document number C(2000) 3314)

Official Journal L 290 , 17/11/2000 P. 0052 - 0053

Commission Decisionof 16 November 2000updating the amounts specified in Regulation (Euratom, ECSC, EC) No 3418/93 laying down detailed rules for the implementation of the Financial Regulation(notified under document number C(2000) 3314)(2000/716/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to Commission Regulation (Euratom, ECSC, EC) No 3418/93 of 9 December 1993 laying down detailed rules for the implementation of certain provisions of the Financial Regulation of 21 December 1977(1), and in particular Article 145 thereof,Whereas:(1) The consumer price index (EUR 15) was 98,6 in December 1995, 100,7 in December 1996, 102,4 in December 1997 and 103,4 in December 1998.(2) Pursuant to Article 145 of Regulation (Euratom, ECSC, EC) No 3418/93 the fixed amounts specified in that Regulation should be adapted with effect from 1 January 2000,HAS DECIDED AS FOLLOWS:Article 1>TABLE>>TABLE>Article 2This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall be communicated to the other Community institutions and bodies by the Commission's accounting officer.Done at Brussels, 16 November 2000.For the CommissionMichaele SchreyerMember of the Commission(1) OJ L 315, 16.12.1993, p. 1.


title: Council Decision (EU) 2016/1816 of 7 October 2016 appointing a member, proposed by the Kingdom of the Netherlands of the Committee of the Regions

text:
               14.10.2016

               EN

               Official Journal of the European Union

               L 278/44

         COUNCIL DECISION (EU) 2016/1816
   of 7 October 2016
   appointing a member, proposed by the Kingdom of the Netherlands of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Dutch Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 18 September 2015, by Council Decision (EU) 2015/1573 (4), Mr R.E. (Ralph) DE VRIES was replaced by Mr J.A. (John) JORRITSMA as a member.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr J.A. (John) JORRITSMA,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mr K. (Klaas) KIELSTRA, Gedeputeerde in de provincie Fryslân.

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

      Done at Brussels, 7 October 2016.

            For the Council

            The President

         M. LAJČÁK

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).

      (4)  Council Decision (EU) 2015/1573 of 18 September 2015 appointing four Dutch members and five Dutch alternate members of the Committee of the Regions (OJ L 245, 22.9.2015, p. 10).


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31989D0497

89/497/EEC: Decision of the European Parliament of 13 April 1989 granting discharge to the Commission in respect of the financial management of the fifth European Development Fund during the 1987 financial year

Official Journal L 247 , 23/08/1989 P. 0010 - 0010

DECISION OF THE EUROPEAN PARLIAMENT of 13 April 1989 granting discharge to the Commission in respect of the financial management of the fifth European Development Fund during the 1987 financial year (89/497/EEC)THE EUROPEAN PARLIAMENT,  - having regard to the Treaty establishing the European Economic Community,  - having regard to the second ACP-EEC Lomé Convention (1),  - having regard to the balance sheets and accounts of the third, fourth, fifth and sixth European Development Funds for the 1987 financial year (COM(88) 219 final),  - having regard to the report of the Court of Auditors concerning the 1987 financial year accompanied by the institutions' replies (2),  - having regard to the Council recommendation relating to the granting of this discharge,  - having regard to the Treaty of 22 July 1975 which authorizes the European Parliament to grant discharge in respect of the Community's financial activities,  - having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (Doc. A 2-19/89),  1.  Grants discharge to the Commission in respect of the financial management of the fifth European Development Fund during the 1987 financial year on the basis of the following amounts:  - revenue: ECU 753 394 367,36,  - payments: ECU 412 942 749,33;  2.  Records its observations in the resolution accompanying this Decision (3);  3.  Instructs its President to forward this Decision and the resolution containing its observations to the Commission, the Council, the Court of Auditors and the European Investment Bank and to arrange for their publication in the Official Journal of  the European Communities (L series).  Done at Strasbourg, 13 April 1989.     The Secretary-General Enrico VINCI The President Lord PLUMB   (1) OJ No L 347, 22. 12. 1980, p. 1. (2) OJ No C 316, 12. 12. 1988, p. 1. (3) See page 12 of this Official Journal.


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31998D0709

98/709/EC, ECSC, Euratom: Council Decision of 7 December 1998 amending the Council's Rules of Procedure

Official Journal L 337 , 12/12/1998 P. 0040 - 0041

COUNCIL DECISION of 7 December 1998 amending the Council's Rules of Procedure (98/709/EC, ECSC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 151(3) thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 30(3) thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121(3) thereof,Whereas it has become necessary to amend the Council's Rules of Procedure (1);Whereas the European Central Bank possesses a power of initiative in the Community decision-making process under the conditions laid down in the Treaty establishing the European Community;Whereas the order in which the Presidency of the Council is held by the Member States is laid down by the Council;Whereas a simplified written procedure is needed for consultation by the Council of other institutions or bodies,HAS DECIDED AS FOLLOWS:Article 1 The Council's Rules of Procedure are hereby amended as follows:(a) Article 4(2) shall be replaced by the following:'2. The Commission shall be invited to take part in meetings of the Council. The same shall apply to the European Central Bank in cases where the latter exercises its right of initiative. The Council may, however, decide to deliberate without the presence of the Commission or of the European Central Bank.`;(b) Article 7(2) shall be replaced by the following:'2. The members of the Council shall vote in the order of the Member States fixed in accordance with Article 27 of the Treaty establishing the European Coal and Steel Community (ECSC), Article 146 of the Treaty establishing the European Community (EC) and Article 116 of the Treaty establishing the European Atomic Energy Community (EAEC), beginning with the member who, according to that order, follows the member holding the office of President.`;(c) the following subparagraph shall be added to Article 8(4):'The Council may also, on the initiative of the Presidency and for the purposes of deciding to consult other institutions or bodies, act by means of a simplified written procedure in all cases in which consultation is required by Community legislation. In such cases the decision to consult shall be deemed to be adopted at the end of the deadline set by the Presidency according to the urgency of the matter, unless a member of the Council objects.`Article 2 This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.Done at Brussels, 7 December 1998.For the CouncilThe PresidentW. SCHÜSSEL(1) Decision 93/662/EC (OJ L 304, 10. 12. 1993, p. 1). Decision as amended by Decision 95/24/EC, Euratom, ECSC (OJ L 31, 10. 2. 1995, p. 14).


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31998D0702(01)

Council Decision of 16 June 1998 appointing a member and an alternate member of the Advisory Committee on the Training of Midwives

Official Journal C 206 , 02/07/1998 P. 0001 - 0001

COUNCIL DECISION of 16 June 1998 appointing a member and an alternate member of the Advisory Committee on the Training of Midwives (98/C 206/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Decision 80/156/EEC of 21 January 1980 setting up an Advisory Committee on the Training of Midwives (1), and in particular Articles 3 and 4 thereof,Whereas the Council appointed, by its Decision of 23 October 1995 (2), Ms Ingrid KNUDSEN a member, and by its Decision of 16 September 1996 (3), Mr Lars PETERSEN an alternate member of the Committee for the period ending 22 October 1998;Whereas the Danish Government has nominated Ms Anne LINDRUP to replace Ms Ingrid KNUDSEN and Ms Inger Marie CONRADSEN to replace Mr Lars PETERSEN;HAS DECIDED AS FOLLOWS:Article 1 Ms Anne LINDRUP is hereby appointed a member of the Advisory Committee on the Training of Midwives in place of Ms Ingrid KNUDSEN for the remainder of her term of office, which ends on 22 October 1998.Article 2 Ms Inger Marie CONRADSEN is hereby appointed an alternate member of the Advisory Committee on the Training of Midwives in place of Mr Lars PETERSEN, for the remainder of his term of office, which ends on 22 October 1998.Done at Luxembourg, 16 June 1998.For the CouncilThe PresidentM. MEACHER(1) OJ L 33, 11.2.1980, p. 13.(2) OJ C 292, 7.11.1995, p. 2.(3) OJ C 290, 3.10.1996, p. 1.


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31997D0337

97/337/EC, Euratom: Council Decision of 27 May 1997 appointing a member of the Economic and Social Committee

Official Journal L 144 , 04/06/1997 P. 0029 - 0029

COUNCIL DECISION of 27 May 1997 appointing a member of the Economic and Social Committee (97/337/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 195 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,Having regard to Council Decision 94/660/EC, Euratom of 26 September 1994 appointing the members of the Economic and Social Committee for the period from 21 September 1994 to 20 September 1998 (1),Whereas a seat as a member of that Committee has fallen vacant following the resignation of Mr Ramón Merce Juste of which the Council was notified on 2 October 1996;Having regard to the nominations submitted by the Spanish Government on 21 March 1997,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole Article Mr José María Espuny Moyano is hereby appointed a member of the Economic and Social Committee in place of Mr Ramón Merce Juste for the remainder of the latter's term of office, which runs until 20 September 1998.Done at Brussels, 27 May 1997.For the CouncilThe PresidentW. SORGDRAGER(1) OJ No L 257, 5. 10. 1994, p. 20.


title: 2013/75/EU: Council Decision of 4 February 2013 appointing a Danish alternate member of the Committee of the Regions

text:
               6.2.2013

               EN

               Official Journal of the European Union

               L 35/5

         COUNCIL DECISION
   of 4 February 2013
   appointing a Danish alternate member of the Committee of the Regions
   (2013/75/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Danish Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               An alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Martin MERRILD,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               —

               Mr Erik FLYVHOLM, Borgmester i Lemvig Kommune.

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

      Done at Brussels, 4 February 2013.

            For the Council

            The President

         E. GILMORE

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


Avis juridique important

|

31985D0043

85/43/EEC: Council Decision of 19 December 1984 concerning the conclusion of the Agreement in the form of an exchange of letters amending and extending the Temporary Arrangement for a concerted discipline between the European Economic Community and the Republic of Finland concerning reciprocal trade in cheese

Official Journal L 018 , 22/01/1985 P. 0011

*****COUNCIL  DECISION  of 19 December 1984  concerning the conclusion of the Agreement in the form of an exchange of letters amending and extending the Temporary Arrangement for a concerted discipline between the European Economic Community and the Republic of Finland concerning reciprocal trade in cheese  (85/43/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the Temporary Arrangement for a concerted discipline between the European Economic Community and the Republic of Finland concerning reciprocal trade in cheese (1), as last amended by the Agreement in the form of an exchange of letters of 8 May 1984 (2),  Having regard to the proposal from the Commission,  Whereas it has been considered desirable to extend the said arrangement while, however, amending some of its provisions in order to bring it more closely in line with actual market requirements;  Whereas the Commission initiated consultations with the Republic of Finland on this subject and an agreement satisfactory to both parties was reached,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an exchange of letters amending and extending the Temporary Arrangement for a concerted discipline between the European Economic Community and the Republic of Finland is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 19 December 1984.  For the Council  The President  P. O'TOOLE  (1) OJ No L 359, 15. 12. 1981, p. 24.  (2) OJ No L 126, 12. 5. 1984, p. 34.


title: Council Decision 2004/812/CFSP of 19 July 2004 concerning the conclusion of the Agreement between the European Union and the Republic of Turkey on the participation of the Republic of Turkey in the European Union Police Mission (EUPOL ‘Proxima’) in the former Yugoslav Republic of Macedonia

text:
               30.11.2004

               EN

               Official Journal of the European Union

               L 354/89

         COUNCIL DECISION 2004/812/CFSP
   of 19 July 2004
   concerning the conclusion of the Agreement between the European Union and the Republic of Turkey on the participation of the Republic of Turkey in the European Union Police Mission (EUPOL ‘Proxima’) in the former Yugoslav Republic of Macedonia
   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 29 September 2003 the Council adopted Joint Action 2003/681/CFSP on the European Union Police Mission (EUPOL ‘Proxima’) in the former Yugoslav Republic of Macedonia (1).

               (2)

               Article 9(6) of that Joint Action provides that detailed arrangements regarding the participation of third countries shall be the subject of an agreement, in conformity with Article 24 of the Treaty on European Union.

               (3)

               Following the Council Decision of 2 March 2004 authorising the Presidency, assisted where necessary by the Secretary-General/High Representative to open negotiations, the Presidency negotiated an agreement with the Republic of Turkey on the participation of the Republic of Turkey in the European Union Police Mission (EUPOL ‘Proxima’) in the former Yugoslav Republic of Macedonia.

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Republic of Turkey on the participation of the Republic of Turkey in the European Union Police Mission (EUPOL ‘Proxima’) in the former Yugoslav Republic of Macedonia is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 19 July 2004.

            For the Council

            The President

         P. H. DONNER

      (1)  OJ L 249, 1.10.2003, p. 66.
   AGREEMENT
   between the European Union and the Republic of Turkey on the participation of the Republic of Turkey in the European Union Police Mission in the former Yugoslav Republic of Macedonia (EUPOL ‘Proxima’)
   THE EUROPEAN UNION,
   on the one hand, and
   THE REPUBLIC OF TURKEY,
   on the other hand,
   together hereinafter referred to as the ‘Participating Parties’,
   TAKING INTO ACCOUNT:

               —

               the adoption by the Council of the European Union on 29 September 2003 of Joint Action 2003/681/CFSP on the European Union Police Mission in the former Yugoslav Republic of Macedonia (EUPOL ‘Proxima’) (1), stating that Acceding States are invited and other third States may be invited to contribute to EUPOL ‘Proxima’,

               —

               the invitation to the Republic of Turkey to participate in EUPOL ‘Proxima’,

               —

               the successful completion of the Force Generation process and the recommendation by the Police Head of Mission and the Committee for Civilian Aspects of Crisis Management to agree on the participation of the Republic of Turkey in EUPOL ‘Proxima’,

               —

               the decision by the Political and Security Committee of 10 February 2004 to accept the contribution of the Republic of Turkey to EUPOL ‘Proxima’,

               —

               the agreement concluded on 11 December 2003 between the EU and the former Yugoslav Republic of Macedonia on the status and activities of EUPOL ‘Proxima’ in the former Yugoslav Republic of Macedonia (2), including provisions on the status of the EUPOL ‘Proxima’ personnel,

         HAVE AGREED AS FOLLOWS:
   Article 1
   Framework
   1.   The Republic of Turkey shall associate itself with the provisions of the Joint Action 2003/681/CFSP on EUPOL ‘Proxima’ adopted by the Council of the European Union on 29 September 2003, and with any Joint Action or Decision by which the Council of the European Union may decide to extend EUPOL ‘Proxima’.
   2.   The contribution of the Republic of Turkey to EUPOL ‘Proxima’ is without prejudice to the decision-making autonomy of the European Union.
   Article 2
   Status of personnel
   1.   The status of personnel seconded to EUPOL ‘Proxima’ by the Republic of Turkey shall be governed by the Agreement concluded on 11 December 2003 between the EU and the former Yugoslav Republic of Macedonia on the status and activities of EUPOL ‘Proxima’ in the former Yugoslav Republic of Macedonia.
   2.   Without prejudice to the Agreement between the EU and the former Yugoslav Republic of Macedonia on the status and activities of EUPOL ‘Proxima’ in the former Yugoslav Republic of Macedonia, the Republic of Turkey shall exercise jurisdiction over its personnel participating in EUPOL ‘Proxima’.
   3.   The Republic of Turkey shall be responsible for answering any claims linked to the participation in EUPOL ‘Proxima’, from or concerning any of its personnel. The Republic of Turkey shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel.
   4.   The Republic of Turkey shall waive all claims against any State participating in EUPOL ‘Proxima’, for injury, death of the Republic of Turkey personnel, or damage to, or loss of, any assets owned by itself and used by EUPOL ‘Proxima’ if such injury, death, damage or loss:

               —

               was caused by EUPOL ‘Proxima’ personnel in the execution of their duties in connection with the operation, except in case of gross negligence or wilful misconduct,

               —

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

         5.   The European Union Member States undertake to make a declaration as regards the waiver of claims, for participation of the Republic of Turkey in EUPOL ‘Proxima’.
   Article 3
   Classified information
   1.   The Republic of Turkey shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council's security regulations, contained in the Council Decision 2001/264/EC (3), and in accordance with further guidance issued by competent authorities, including by EUPOL ‘Proxima’ Head of Mission/Police Commissioner.
   2.   Where the EU and the Republic of Turkey have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of EUPOL ‘Proxima’.
   Article 4
   Personnel seconded to EUPOL ‘Proxima’
   1.   The Republic of Turkey shall ensure that its personnel seconded to EUPOL ‘Proxima’ undertake their mission in conformity with:

               —

               the provisions of Joint Action 2003/681/CFSP and subsequent amendments as referred to in Article 1(1) of this Agreement,

               —

               the Operation Plan,

               —

               Implementing measures.

         2.   The Republic of Turkey shall inform in due time EUPOL ‘Proxima’ Head of Mission/Police Commissioner and the General Secretariat of the Council of the European Union of any change to its contribution to EUPOL ‘Proxima’.
   3.   Personnel seconded to EUPOL ‘Proxima’ shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from the Republic of Turkey. Personnel seconded to EUPOL ‘Proxima’ shall produce a copy of this certification.
   4.   Seconded police officers shall work in their national police uniforms. Berets and insignia shall be provided by EUPOL ‘Proxima’.
   Article 5
   Chain of command
   1.   Personnel seconded by the Republic of Turkey shall carry out their duties and conduct themselves solely with the interests of EUPOL ‘Proxima’ in mind.
   2.   All personnel shall remain under the full command of their national authorities.
   3.   National authorities shall transfer Operational Control (OPCON) to EUPOL ‘Proxima’ Head of Mission/Police Commissioner, who shall exercise that command and control through a hierarchical structure of command and control.
   4.   The Head of Mission/Police Commissioner shall lead EUPOL ‘Proxima’ and assume its day-to-day management.
   5.   The Republic of Turkey shall have the same rights and obligations in terms of day-to-day management of the operation as European Union Member States taking part in the operation, in accordance with Article 9(4) of Joint Action 2003/681/CFSP.
   6.   EUPOL ‘Proxima’ Head of Mission/Police Commissioner shall be responsible for disciplinary control over operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.
   7.   A national contingent point of contact (NPC) shall be appointed by the Republic of Turkey to represent its national contingent in the operation. NPCs shall report to the EUPOL ‘Proxima’ Head of Mission/Police Commissioner on national matters and shall be responsible for day-to-day contingent discipline.
   8.   The decision to end the operation shall be taken by the European Union following consultation with the Republic of Turkey, provided that this country is still contributing to EUPOL ‘Proxima’ at the date of termination of the operation.
   Article 6
   Financial aspects
   1.   The Republic of Turkey shall assume all the costs associated with its participation in the operation apart from the costs, which are subject to EU common funding, as set out in the operational budget of the operation.
   2.   The Republic of Turkey shall consider making contributions of a voluntary nature.
   3.   In case of such contributions of a voluntary nature, an arrangement on the practical modalities of the payment shall be signed between the EUPOL ‘Proxima’ Head of Mission/Police Commissioner and the relevant administrative services of the Republic of Turkey on the contributions of the Republic of Turkey to the operational budget of EUPOL ‘Proxima’. This arrangement shall, inter alia, include the following provisions:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution;

               (c)

               the auditing procedure.

         4.   In case of death, injury, loss or damage to natural or legal persons from the former Yugoslav Republic of Macedonia, the Republic of Turkey shall, when its liability has been established, pay compensation under the conditions provided for in the agreement on status of mission as referred to in Article 2(1) of the Agreement.
   Article 7
   Non-compliance
   Should one of the Parties fail to comply with its obligations laid down in the Agreement, the other Party shall have the right to terminate this agreement by serving a notice of one month.
   Article 8
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 9
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement may be amended on the basis of mutual written agreement between the Parties. The amendments shall enter into force in accordance with the procedures provided for in paragraph 1.
   3.   This Agreement may be denounced by one Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party.

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

            For the European Union

            For the Republic of Turkey

      (1)  OJ L 249, 1.10.2003, p. 66.

      (2)  OJ L 16, 23.1.2004, p. 65.

      (3)  OJ L 101, 11.4.2001, p. 1.


title: Decision of the Standing Committee of the EFTA States No 5/2004/SC of 23 September 2004 establishing a principle of cost sharing for the EEA Financial Mechanism

text:
               30.6.2005

               EN

               Official Journal of the European Union

               L 168/48

         DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES
   No 5/2004/SC
   of 23 September 2004
   establishing a principle of cost sharing for the EEA Financial Mechanism
   THE STANDING COMMITTEE OF THE EFTA STATES,
   Having regard to the Agreement on the European Economic Area as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, hereinafter referred to as the EEA Agreement,
   Having regard to the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic in the European Economic Area, hereinafter referred to as the EEA Enlargement Agreement,
   Having regard to Protocol 38a on the EEA Financial Mechanism inserted into the EEA Agreement by the EEA Enlargement Agreement,
   Having regard to the Agreement between the Kingdom of Norway and the European Community on a Norwegian Financial Mechanism for the period 2004 to 2009,
   Having regard to the Decision of the Standing Committee of the EFTA States No 4/2003/SC of 4 December 2003 establishing an EEA Financial Mechanism Interim Committee,
   Having regard to the Decision of the Standing Committee of the EFTA States No 4/2004/SC of 3 June 2004 establishing a Financial Mechanism Committee,
   HAS DECIDED AS FOLLOWS:
   Article 1
   The contributions of the EEA EFTA Member States to the EEA Financial Mechanism for the period 2004 to 2009 are to be determined on the basis of the Annex to this Decision.
   Article 2
   This Decision shall take immediate effect.
   Article 3
   This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

      Done at Brussels, 23 September 2004.

            For the Standing Committee

            The President

         Kjartan JÓHANNSSON

            The Secretary-General

         William ROSSIER

   ANNEX
   TECHNICAL DESCRIPTION OF COST SHARING OF THE EEA FINANCIAL MECHANISM FOR THE PERIOD 2004 TO 2009

               1.

               The contributions of the EEA EFTA Member States to the EEA Financial Mechanism are to be based on Gross Domestic Product (GDP) for the three most recent years for which data is available. For any EEA EFTA Member State, the share to be applied for the financial year t, is to be calculated according to the following formula:
               Share (t) = ((GDP(t-4)/GDPEFTA
                  (t-4)) + (GDP(t-3)/GDPEFTA
                  (t-3)) + (GDP(t-2)/GDPEFTA
                  (t-2))) : 3

               2.

               In this formula, GDPEFTA denotes the overall GDP of the EEA EFTA Member States while GDP denotes the GDP of the EEA EFTA Member State in question.

               3.

               The contribution of an individual EEA EFTA Member State to each of the five annual tranches of the Financial Mechanism thus corresponds to that State’s share of GDP in the overall GDP of the EEA EFTA Member States, averaged over the three most recent years for which data is available.

               4.

               The data on GDP shall be delivered by the EEA EFTA Member States’ National Statistical Institutes (NSIs).

               5.

               Contributions shall be expressed in euro.

               6.

               The GDP figures for Liechtenstein, which does not officially provide such data, shall be estimated by dividing the GDP for Switzerland by the resident population of Switzerland and multiplying the result by the resident population of Liechtenstein.

               7.

               The GDP data on which the contributions for a specific year t are to be based, shall be delivered by 1 February of the same year and shall relate to the years t-4, t-3 and t-2.