title: 2010/371/: Council Decision of 6 June 2010 concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement

text:
               3.7.2010

               EN

               Official Journal of the European Union

               L 169/13

         COUNCIL DECISION
   of 6 June 2010
   concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement
   (2010/371/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 thereof,
   Having regard to the Partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), as revised in Luxembourg on 25 June 2005 (2) (hereinafter referred to as the ‘ACP-EU Partnership Agreement’), and in particular Article 96 thereof,
   Having regard to the Internal Agreement between representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3), and in particular Article 3 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The essential elements referred to in Article 9 of the ACP-EU Partnership Agreement have been violated.

               (2)

               On 6 July 2009, under Article 96 of the ACP-EU Partnership Agreement, consultations were opened with Madagascar in the presence of representatives of the African, Caribbean and Pacific (ACP) Group of States, during which representatives of the High Transitional Authority failed to present satisfactory proposals or undertakings.

               (3)

               The European Union proposed that consultations remain open in order to encourage Madagascar’s High Transitional Authority to continue negotiations with the country’s political factions under the aegis of the joint mediation team in order to arrive at a consensual agreement.

               (4)

               Under the aegis of the joint mediation team headed by Mr Chissano, on 9 August 2009, Madagascar’s four political factions signed, in Maputo, agreements including provisions for the establishment of transition institutions to manage the transition process and organise presidential and legislative elections within fifteen months. These agreements were supplemented by the ‘Additional Act to the Malagasy Charter of the Transition’, which was signed in Addis Ababa on 6 November 2009.

               (5)

               Since then, no compromise has been reached between the four political factions on the practical implementation of these agreements. The High Transitional Authority, which currently holds the reins of power, has, however, committed itself to a unilateral transition process, including the appointment of a Prime Minister and a government and the organisation of elections for 2010, which runs counter to the spirit and the letter of the Maputo agreements and the Addis Ababa Charter.

               (6)

               Consequently, the consultations opened under Article 96 of the ACP-EU Partnership Agreement should be closed and appropriate measures adopted,

         HAS ADOPTED THIS DECISION:
   Article 1
   Consultations with the Republic of Madagascar under Article 96 of the Partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as revised in Luxembourg on 25 June 2005, (hereinafter referred to as the ‘ACP-EU Partnership Agreement’) are hereby concluded.
   Article 2
   The measures set out in the annexed letter are hereby adopted as appropriate measures under Article 96(2)(c) of the ACP-EU Partnership Agreement.
   Article 3
   This Decision shall enter into force on the day of its adoption.
   It shall remain in force for a period of 12 months and shall be re-examined regularly.

      Done at Luxembourg, 6 June 2010.

            For the Council

            The President

         C. CORBACHO

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 287, 28.10.2005, p. 1.

      (3)  OJ L 317, 15.12.2000, p. 376.

      ANNEX

         Draft letter

      H. E. Mr Andry Nirina RAJOELINA
      President of the High Transitional Authority
      of the Republic of Madagascar
      Antananarivo
      Madagascar
      Sir,
      The European Union (‘EU’) attaches great importance to the essential elements set out in Article 9 of the Partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 and revised in Luxembourg on 25 June 2005, hereinafter ‘the ACP-EU Partnership Agreement’, concerning respect for human rights, democratic principles and the rule of law, which underpin the ACP-EU Partnership.
      The EU therefore reacted immediately to the forcible transfer of power that occurred in Madagascar on 17 March 2009 and took the view that it constituted a flagrant violation of the essential elements set out in Article 9 of the ACP-EU Partnership Agreement.
      Acting under Article 96 of the ACP-EU Partnership Agreement, the EU entered into a political dialogue with the ruling regime, which led to the opening of consultations with a view to assessing the situation and possible solutions for a rapid return to constitutional order. At the opening meeting of these consultations, which were held in Brussels on 6 July 2009, the EU did not consider that any satisfactory proposals had been made by the Malagasy side.
      In a spirit of openness to dialogue and taking full account of the complexity of the political situation in Madagascar, the EU proposed that the consultations remain open in order to encourage Madagascar’s High Transitional Authority to continue negotiations with Madagascar’s political factions under the aegis of the joint mediation team made up of the African Union (‘AU’), the Southern African Development Community (‘SADC’), the Organisation Internationale de la Francophonie and the United Nations, in order to arrive at a consensus that would permit a return to constitutional order.
      Under the aegis of this joint mediation team for Madagascar, and particularly after the appointment of Mr Chissano at the SADC Summit in June 2009, on 9 August 2009, the leaders of the four political factions signed, in Maputo, the Maputo Political Agreement and the Charter of the Transition, plus other agreements providing, in particular, for the creation of the institutions to manage the transition process and organise presidential and legislative elections over the next fifteen months. These agreements, which were to be implemented over the ensuing thirty days with appointments to key posts in the transition institutions made by consensus, have been supplemented by the Additional Act to the Malagasy Charter of the Transition, which was signed by the leaders of the four political factions on 6 November 2009 in Addis Ababa.
      Despite the many efforts of the joint mediation team with the support of the international community over the last few months, and despite the most recent ad hoc initiative of the President of the AU Commission, the political factions have not been able to reach agreement on the implementation of the transition process to which they agreed in Maputo and in Addis Ababa. Rather, Mr Rajoelina has embarked upon a unilateral transition process, including the appointment of a Prime Minister and a government and the organisation of elections for 2010, which runs counter to both the spirit and the letter of the Maputo Agreements and the Addis Ababa Charter.
      In light of the foregoing, the EU has decided to close the consultation period and has decided under Article 96(2)(c) of the ACP-EU Partnership Agreement to adopt the appropriate measures described below:

                  —

                  Humanitarian and emergency aid is not affected.

                  —

                  Budgetary aid provided for in the National Indicative Programmes (‘NIP’) of the 9th European Development Fund (‘EDF’) and 10th EDF shall be suspended.

                  —

                  Projects and programmes already under way under the 9th EDF shall continue to be implemented except for activities and payments directly involving the government and its agencies. Modifications and addenda to current contracts shall be examined on a case-by-case basis. New contracts shall be suspended.

                  —

                  The implementation of the NIP – 10th EDF shall be suspended.

                  —

                  The European Commission may implement certain projects and programmes that directly benefit the population,

                  —

                  Regional projects shall be evaluated on a case-by-case basis.

                  —

                  The European Commission reserves the right to assume immediately, wholly or partially, the functions of National Authorising Officer for the EDF.

                  —

                  The political dialogue provided for in Article 8 of the ACP-EU Partnership Agreement shall be maintained and conducted, as far as possible, in coordination with the International Contact Group on Madagascar. It may be stepped up if a consensus-based solution for a return to constitutional order is reached, which includes 1) a consensual arrangement for a transitional government; 2) the setting-up of a clear roadmap towards election, which is acceptable to the involved parties and which allows for a free and fair election campaign; 3) fair elections, recognised as such by the international community and which can provide democratic legitimacy to a new Government. The EU will continue to monitor closely developments in Madagascar and may give its support to, if applicable, the implementation of a consensual political solution to the crisis.

            These appropriate measures shall be adopted for an initial period of twelve months.
      The EU reserves the right to examine and revise the measures mentioned above in order to take into consideration any developments, positive or negative, in the situation in Madagascar.
      We wish to assure you, Mr President, of our highest consideration.

         For the European Union

               The Commission

               The Council


Avis juridique important

|

31999D0397

1999/397/EC: Commission Decision of 14 June 1999 terminating the anti-dumping and the anti-subsidy proceedings concerning imports of polyester textured yarn originating in India and the Republic of Korea (notified under document number C(1999) 1539)

Official Journal L 149 , 16/06/1999 P. 0060 - 0061

COMMISSION DECISIONof 14 June 1999terminating the anti-dumping and the anti-subsidy proceedings concerning imports of polyester textured yarn originating in India and the Republic of Korea(notified under document number C(1999) 1539)(1999/397/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 905/98(2), and in particular Article 9 thereof,Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(3), and in particular Article 14 thereof,After consulting the Advisory Committees,Whereas:A. PROCEDURE(1) On 7 July 1998, the Commission received two complaints concerning alleged injurious dumping and injurious subsidisation by imports into the Community of polyester textured filament yarn originating in India and the Republic of Korea.(2) Both complaints were lodged by CIRFS (International Committee of Rayon and Synthetic Fibres), on behalf of Community producers representing a major proportion of the total Community production of polyester textured filament yarn pursuant to Article 4(1) and Article 5(4) of Regulation (EC) No 384/96 and to Article 9(1) and Article 10(8) of Regulation (EC) No 2026/97.(3) These complaints contained prima facie evidence of dumping and subsidisation, and of material injury resulting therefrom, considered sufficient to justify the initiation of both an anti-dumping and an anti-subsidy proceeding.(4) The Commission, after consultation, by two separate notices published on 21 August 1998 in the Official Journal of the European Communities(4), accordingly initiated an anti-dumping and an anti-subsidy proceeding concerning imports into the Community of polyester textured filament yarn, currently classifiable within CN code 5402 33 00, originating in India and the Republic of Korea.(5) The Commission officially advised the exporting producers, importers, upstream suppliers of raw materials, downstream industrial users of polyester textured filament yarn known to be concerned, the representatives of the exporting countries and the complainant Community producers. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notices of initiation.B. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDINGS(6) By a letter of 28 April 1999 to the Commission, CIRFS formally withdrew its anti-dumping and anti-subsidy complaints concerning imports of polyester textured yarn originating in India and the Republic of Korea.(7) In accordance with Article 9(1) of Council Regulation No 384/96 and with Article 14(1) of Council Regulation No 2026/97, when the complainant withdraws its complaint the proceeding may be terminated unless such termination would not be in the Community interest.(8) The Commission considered that the present proceedings should be terminated since the investigation had not brought to light any considerations showing that such termination would not be in the Community interest. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such termination would not be in the Community interest.(9) The Commission therefore concludes that the anti-dumping and the anti-subsidy proceedings concerning imports into the Community of polyester textured filament yarn originating in India and the Republic of Korea, should be terminated without the imposition of measures.HAS DECIDED AS FOLLOWS:Sole ArticleThe anti-dumping and the anti-subsidy proceedings concerning imports into the Community of polyester textured filament yarn currently classifiable within CN code 5402 33 00 and originating in India and the Republic of Korea are hereby terminated.Done at Brussels, 14 June 1999.For the CommissionLeon BRITTANVice-President(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 128, 30.4.1998, p. 18.(3) OJ L 288, 21.10.1997, p. 1.(4) OJ C 264, 21.8.1998, pp. 2 and 5.


title: 2012/445/EU: Council Decision of 24 July 2012 on the launch of automated data exchange with regard to DNA data in Hungary

text:
               28.7.2012

               EN

               Official Journal of the European Union

               L 202/22

         COUNCIL DECISION
   of 24 July 2012
   on the launch of automated data exchange with regard to DNA data in Hungary
   (2012/445/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 2(3) and Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               Hungary has informed the General Secretariat of the Council of the national DNA analysis files to which Articles 2 to 6 of Decision 2008/615/JHA apply and the conditions for automated searching as referred to in Article 3(1) of that Decision in accordance with Article 36(2) of that Decision.

               (5)

               According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (6)

               Hungary has completed the questionnaire on data protection and the questionnaire on DNA data exchange.

               (7)

               A successful pilot run has been carried out by Hungary with Austria.

               (8)

               An evaluation visit has taken place in Hungary and a report on the evaluation visit has been produced by the Austrian evaluation team and forwarded to the relevant Council Working Group.

               (9)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning DNA data exchange has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching and comparison of DNA data, Hungary has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Articles 3 and 4 of that Decision as from the date of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 24 July 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


title: Council Decision of 22 July 1974 concluding the Agreement between the European Economic Community and the Eastern Republic of Uruguay on the supply of common wheat as food aid

text:
No L 243 / 14                        Official Journal of the European Communities                  5 . 9 . 74
                                                 COUNCIL DECISION
                                                    of 22 July 1974
              concluding the Agreement between the European Economic Community and the Eastern
                       Republic of Uruguay on the supply of common wheat as food aid
                                                      (74/440/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 the European Economic Community has deposited a Declaration of provisional
              application of the 1971 Food Aid Convention; whereas that Convention has been
              applicable since 1 July 1971 ;
              Whereas by its letter of 6 September 1973 , the Eastern Republic of Uruguay has
              requested food aid;
              Whereas in view of the cereals supply situation in Uruguay, that country should be
              accorded, by way of gift, 6 000 metric tons of common wheat under the Community
              Food Aid Programme for 1973/74,
              HAS DECIDED AS FOLLOWS :
                                                         Article 1
              The Agreement between the European Economic Community and the Eastern Republic
              of Uruguay on the supply of common wheat as food aid, the text of which is annexed
              to this Decision, is hereby concluded on behalf of the Community.
                                                         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 necessary powers to bind the Com
              munity.
              Done at Brussels, 22 July 1974.
                                                                                For the Council
                                                                                The President
                                                                                J. SAUVAGNARGUES


title: 2004/739/CFSP:Political and Security Committee Decision BiH/3/2004 of 29 September 2004 on the setting-up of the Committee of Contributors for the European Union military operation in Bosnia and Herzegovina

text:
               28.10.2004

               EN

               Official Journal of the European Union

               L 325/64

      POLITICAL AND SECURITY COMMITTEE DECISION BiH/3/2004
   of 29 September 2004
   on the setting-up of the Committee of Contributors for the European Union military operation in Bosnia and Herzegovina
   (2004/739/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 25, third paragraph, thereof,
   Having regard to the Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 11(5) thereof,
   Whereas:

               (1)

               Under Article 11 of Joint Action 2004/570/CFSP, the Council authorised the Political and Security Committee (PSC) to take relevant decisions on the setting up of a Committee of Contributors for the European Union military operation in Bosnia and Herzegovina.

               (2)

               The European Council Conclusions of Nice of 7, 8 and 9 December 2000 and Brussels of 24 and 25 October 2002 have laid down the arrangements for the participation of third States in crisis management operations and the setting-up of a Committee of Contributors.

               (3)

               The Committee of Contributors will play a key role in the day-to-day management of the operation; the Committee will be the main forum where contributing States collectively address questions relating to the employment of their forces in the operation; the Political and Security Committee, which exercises the political control and strategic direction of the operation, will take account of the views expressed by the Committee of Contributors.

               (4)

               In conformity with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications. Therefore, Denmark does not participate in the financing of the operation.

               (5)

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

         HAS DECIDED AS FOLLOWS:
   Article 1
   Establishment
   A Committee of Contributors for the European Union military operation in Bosnia and Herzegovina (hereafter called ‘the CoC’) is hereby established.
   Article 2
   Functions
   The terms of reference of the CoC are laid down in the European Council Conclusions of Nice (7, 8 and 9 December 2000) and Brussels (24 and 25 October 2002).
   Article 3
   Composition
   1.   The CoC members shall be as follows:

               —

               those EU Member States which take part in EU operations conducted using NATO common assets and capabilities, and Denmark;

               —

               representatives of the third States participating in the operation and providing significant military contributions, as well as representatives of other third States, referred to in the Annex.

         2.   The DGEUMS and the EU Operation Commander are also entitled to attend or to be represented at the CoC meetings.
   Article 4
   Chair
   In conformity with the Nice conclusions and without prejudice to the prerogatives of the Presidency, the CoC for this operation will be chaired by the Secretary General/High Representative or his representative in close consultation with the Presidency, assisted by the Chairman of the European Union Military Committee (CEUMC) or his representative.
   Article 5
   Meetings
   1.   The CoC shall be convened by the Chair on a regular basis. Where circumstances require, emergency meetings may be convened on the Chair's initiative, or at the request of a member.
   2.   The Chair shall circulate in advance a provisional agenda and documents relating to the meeting. The proceedings shall be circulated after each meeting.
   3.   Representatives of the Commission and other persons may be invited for relevant parts of the discussion, as appropriate.
   Article 6
   Procedure
   1.   Except as provided in paragraph 3 and without prejudice to the competencies of the Political and Security Committee and the responsibilities of the EU Operation Commander,

               —

               unanimity of the representatives of States contributing to the operation shall apply when the CoC takes decisions on day-to-day management of the operation;

               —

               unanimity of the CoC members shall apply when the CoC makes recommendations on possible adjustments to operational planning, including possible adjustment to objectives.

         The abstention of a member shall not preclude unanimity.
   2.   The Chair shall establish that the majority of the representatives of States entitled to take part in the deliberations is present.
   3.   All procedural questions shall be settled by the simple majority of the members present at the meeting.
   4.   Denmark shall not take part in any decision of the Committee.
   Article 7
   Confidentiality
   1.   The Council Security Regulations shall apply to the meetings and proceedings of the CoC. In particular, representatives in the CoC shall possess adequate security clearances.
   2.   The deliberations of the CoC shall be covered by the obligation of professional secrecy, except insofar the CoC unanimously decides otherwise.
   Article 8
   Entry into force
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 29 September 2004.

            For the Political and Security Committee

            The Chairperson

         A. HAMER

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

      ANNEX
      LIST OF THIRD STATES REFERRED TO IN ARTICLE 3(1)

                  —

                  Argentina

                  —

                  Bulgaria

                  —

                  Canada

                  —

                  Chile

                  —

                  Morocco

                  —

                  New Zealand

                  —

                  Norway

                  —

                  Romania

                  —

                  Switzerland

                  —

                  Turkey


title: 2007/712/EC: Council Decision of 15 October 2007 on the signing, on behalf of the Community, of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

text:
               21.12.2007

               EN

               Official Journal of the European Union

               L 339/1

         COUNCIL DECISION
   of 15 October 2007
   on the signing, on behalf of the Community, of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
   (2007/712/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 61(c) thereof, in conjunction with the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 16 September 1988, the Member States of the European Communities signed an international agreement with the Republic of Iceland, the Kingdom of Norway and the Swiss Confederation on jurisdiction and the enforcement of judgments in civil and commercial matters (1) (the Lugano Convention), thereby extending to Iceland, Norway and Switzerland the application of the rules of the Convention of 27 September 1968 on the same subject matter (2) (the Brussels Convention).

               (2)

               Negotiations on a revision of the Brussels Convention and the Lugano Convention were undertaken during the years 1998-1999 within the framework of an ad hoc Working Party enlarged with Switzerland, Norway and Iceland. These negotiations led to the adoption of a text of a draft convention prepared by the Working Party, which was confirmed by the Council at its meeting on 27 and 28 May 1999.

               (3)

               Subsequent negotiations within the Council on the basis of this text led to the adoption of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (3), which modernised the rules of the Brussels Convention and made the system of recognition and enforcement swifter and more efficient.

               (4)

               In the light of the parallelism between the Brussels and the Lugano Convention regimes on jurisdiction and on recognition and enforcement of judgments in civil and commercial matters, the rules of the Lugano Convention should be aligned with the rules of Regulation (EC) No 44/2001 in order to achieve the same level of circulation of judgments between the EU Member States and the EFTA States concerned.

               (5)

               In accordance with the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the application of measures pursuant to Title IV of the Treaty establishing the European Community. In order for the rules of the Lugano Convention to apply to Denmark, Denmark should therefore participate as a Contracting Party to a new convention covering the same subject matter.

               (6)

               By Decision of 27 September 2002, the Council authorised the Commission to negotiate with a view to the adoption of a new Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

               (7)

               The Commission has negotiated such a convention, on behalf of the Community, with Iceland, Norway, Switzerland and Denmark.

               (8)

               In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom and Ireland are taking part in the adoption and application of this Decision.

               (9)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application.

               (10)

               The Convention, initialled at Brussels on 28 March 2007, should be signed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which will replace the Lugano Convention of 16 September 1988, is hereby approved on behalf of the Community, subject to the conclusion of the said Convention.
   The text of the Convention is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the Community, the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

      Done at Luxembourg, 15 October 2007.

            For the Council

            The President

         L. AMADO

      (1)  Convention on jurisdiction and enforcement of judgments in civil and commercial matters (OJ L 319, 25.11.1988, p. 9).

      (2)  Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (OJ L 299, 31.12.1972, p. 32). (Consolidated version in OJ C 27, 26.1.1998, p. 1).

      (3)  OJ L 12, 16.1.2001, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).


title: Commission Decision of 28 February 2013 appointing members and alternates of the Pharmacovigilance Risk Assessment Committee to represent healthcare professionals and patient organisations  Text with EEA relevance

text:
               1.3.2013

               EN

               Official Journal of the European Union

               C 60/8

      COMMISSION DECISION

   of 28 February 2013
   appointing members and alternates of the Pharmacovigilance Risk Assessment Committee to represent healthcare professionals and patient organisations
   (Text with EEA relevance)
   2013/C 60/03
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (1), and in particular Article 61a(1) thereof,
   Whereas:

               (1)

               Article 61a(1) of Regulation (EC) No 726/2004 requires that the Commission appoints representatives of healthcare professionals and patient organisations to the European Medicines Agency Pharmacovigilance Risk Assessment Committee.

               (2)

               In accordance with Article 61a(1) of Regulation (EC) No 726/2004, a public call for expression of interest has been undertaken by the Commission. The European Parliament has been consulted on the results of the evaluation of the applications received in the framework of this call for expression of interest.

               (3)

               The members and alternates of the Committee shall be appointed for a period of three years starting on 1 March 2013, which may be prolonged once,

         HAS ADOPTED THIS DECISION:
   Sole Article
   1.   The following are hereby appointed members and alternates of the Pharmacovigilance Risk Assessment Committee to represent healthcare professionals for a term of three years from 1 March 2013:

               —

               Member: Filip Babylon,

               —

               Alternate: Kirsten Myhr.

         2.   The following are hereby appointed members and alternates of the Committee to represent patient organisations for a term of three years from 1 March 2013:

               —

               Member: Albert van der Zeijden,

               —

               Alternate: Marco Greco.

      Done at Brussels, 28 February 2013.

            For the Commission, On behalf of the President,

         Tonio BORG

            Member of the Commission

      (1)  OJ L 136, 30.4.2004, p. 1.


title: Decision (EU) 2017/1633 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the budget of the Agency for the Cooperation of Energy Regulators for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/161

         DECISION (EU) 2017/1633 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the budget of the Agency for the Cooperation of Energy Regulators for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Agency for the Cooperation of Energy Regulators for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the Agency for the Cooperation of Energy Regulators for the financial year 2015, together with the Agency'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 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0075/2017),

               —

               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 Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (4), and in particular Article 24 thereof,

               —

               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 (5), and in particular Article 108 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0147/2017),

               1.

               Grants the Director of the Agency for the Cooperation of Energy Regulators discharge in respect of the implementation of the Agency's budget for the financial year 2015;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Director of the Agency for the Cooperation of Energy Regulators, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 17.

      (2)  See footnote 1.

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

      (4)  OJ L 211, 14.8.2009, p. 1.

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


title: Decision (EU) 2016/407 of the European Parliament and of the Council of 9 March 2016 on the mobilisation of the European Globalisation Adjustment Fund (application from Belgium EGF/2015/007 — BE/Hainaut-Namur Glass)

text:
               19.3.2016

               EN

               Official Journal of the European Union

               L 74/34

         DECISION (EU) 2016/407 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 9 March 2016
   on the mobilisation of the European Globalisation Adjustment Fund (application from Belgium EGF/2015/007 — BE/Hainaut-Namur Glass)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market.

               (2)

               The EGF is not to exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (3).

               (3)

               On 19 August 2015, Belgium submitted an application to mobilise the EGF in respect of redundancies and cessations of activities in the economic sector classified under the NACE Revision 2 Division 23 (Manufacture of other non-metallic mineral products) in the NUTS level 2 regions of Hainaut (B32) and Namur (B35) in Belgium. It was supplemented by additional information provided in accordance with Article 8(3) of Regulation (EU) No 1309/2013. That application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013.

               (4)

               In accordance with Article 6(2) of Regulation (EU) No 1309/2013, Belgium has decided to provide personalised services co-financed by the EGF also to 100 young people not in employment, education or training (NEETs).

               (5)

               In accordance with Article 4(2) of Regulation (EU) No 1309/2013, the application from Belgium is considered admissible since the redundancies have a serious impact on employment and the local, regional and national economy.

               (6)

               The EGF should, therefore, be mobilised in order to provide a financial contribution of EUR 1 095 544 in respect of the application submitted by Belgium.

               (7)

               In order to minimise the time taken to mobilise the EGF, this decision should apply from the date of its adoption,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2016, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 1 095 544 in commitment and payment appropriations.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union. It shall apply from 9 March 2016.

      Done at Strasbourg, 9 March 2016.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         J.A. HENNIS-PLASSCHAERT

      (1)  OJ L 347, 20.12.2013, p. 855.

      (2)  OJ C 373, 20.12.2013, p. 1.

      (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).


title: 2007/797/EC: Council Decision of 15 November 2007 on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the amendments to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Economic Community and the Republic of Madagascar on fishing off the coast of Madagascar for the period from 1 January 2007 to  31 December 2012

text:
               17.12.2007

               EN

               Official Journal of the European Union

               L 331/3

         COUNCIL DECISION
   of 15 November 2007
   on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the amendments to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Economic Community and the Republic of Madagascar on fishing off the coast of Madagascar for the period from 1 January 2007 to 31 December 2012
   (2007/797/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 37, in conjunction with Article 300(2), thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Community and the Republic of Madagascar have negotiated and initialled a Fisheries Partnership Agreement providing Community fishermen with fishing opportunities in the waters falling within the sovereignty of the Republic of Madagascar.

               (2)

               It is in the Community’s interest to approve that Agreement.

               (3)

               It is necessary to guarantee the pursuit of fishing activities from the date of expiry of the previous Protocol (1) until the date of entry into force of the Protocol setting out the fishing opportunities and financial contribution provided for in that Agreement.

               (4)

               The method for allocating the fishing opportunities among the Member States should be defined,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters on the provisional application of the amendments to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Economic Community and the Republic of Madagascar on fishing off the coast of Madagascar for the period from 1 January 2007 to 31 December 2012 is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The Agreement shall apply provisionally from 1 January 2007.
   Article 3
   The fishing opportunities set out in the Protocol to the Agreement shall be allocated among the Member States as follows:

               Fishing category

               Type of vessel

               Member State

               Licences or quota

               Tuna fishing

               Freezer tuna seiners

               Spain

               23

               France

               19

               Italy

               1

               Tuna fishing

               Surface longliners over 100 GT

               Spain

               25

               France

               13

               Portugal

               7

               United Kingdom

               5

               Tuna fishing

               Surface longliners of 100 GT or below

               France

               26

               Demersal fishing

               Exploratory line or bottom longline fishing

               France

               5

         If licence applications from these Member States do not cover all the fishing opportunities laid down by the Protocol, the Commission may take into consideration licence applications from any other Member State.
   Article 4
   The Member States whose vessels fish under this Agreement shall notify the Commission of the quantities of each stock caught within Madagascar’s fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (2).
   Article 5
   The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in order to bind the Community.

      Done at Brussels, 15 November 2007.

            For the Council

            The President

         M. L. RODRIGUES

      (1)  Approved by Council Regulation (EC) No 555/2005 of 17 February 2005 (OJ L 94, 13.4.2005, p. 1).

      (2)  OJ L 73, 15.3.2001, p. 8.
   AGREEMENT
   in the form of an Exchange of Letters on the provisional application of the amendments to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Economic Community and the Republic of Madagascar on fishing off the coast of Madagascar for the period from 1 January 2007 to 31 December 2012
   Sir,
   I am delighted that the Republic of Madagascar and European Community negotiators have been able to reach a consensus on amendments to the Protocol setting out the fishing opportunities and financial contribution and its Annexes.
   The negotiations held in Antananarivo on 15 and 16 March 2007 have enabled adjustments to be made to the fishing opportunities provided for in the Protocol signed on 21 June 2006. The amended Protocol having been signed by the two Parties on 16 March 2007, I would propose continuing in parallel the procedures for approval and ratification of the texts of the Agreement, the amended Protocol and its Annex and Appendices in accordance with the procedures in force in the Republic of Madagascar and the European Community and necessary to their entry into force.
   In order to avoid interrupting fishing activities by Community vessels in Malagasy waters, and referring to the Agreement and the Protocol initialled on 21 June 2006 and amended on 16 March 2007 and setting out the fishing opportunities and financial contribution from 1 January 2007 to 31 December 2012, I have the honour to inform you that the Government of the Republic of Madagascar is willing to apply this Agreement and this amended Protocol provisionally from 1 January 2007 pending their entry into force in accordance with Article 17 of the Agreement, provided that the European Community is prepared to do likewise.
   This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid before 31 December 2007.
   I should be grateful if you would confirm the agreement of the European Community to such a provisional application.
   Please accept, Sir, the assurance of my highest consideration.

      For the Government of the Republic of Madagascar

   Sir,
   I have the honour to acknowledge receipt of your letter of today’s date which reads as follows:

      ‘Sir,
      I am delighted that the Republic of Madagascar and European Community negotiators have been able to reach a consensus on amendments to the Protocol setting out the fishing opportunities and financial contribution and its Annexes.
      The negotiations held in Antananarivo on 15 and 16 March 2007 have enabled adjustments to be made to the fishing opportunities provided for in the Protocol signed on 21 June 2006. The amended Protocol having been signed by the two Parties on 16 March 2007, I would propose continuing in parallel the procedures for approval and ratification of the texts of the Agreement, the amended Protocol and its Annex and Appendices in accordance with the procedures in force in the Republic of Madagascar and the European Community and necessary to their entry into force.
      In order to avoid interrupting fishing activities by Community vessels in Malagasy waters, and referring to the Agreement and the Protocol initialled on 21 June 2006 and amended on 16 March 2007 and setting out the fishing opportunities and financial contribution from 1 January 2007 to 31 December 2012, I have the honour to inform you that the Government of the Republic of Madagascar is willing to apply this Agreement and this amended Protocol provisionally from 1 January 2007 pending their entry into force in accordance with Article 17 of the Agreement, provided that the European Community is prepared to do likewise.
      This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid before 31 December 2007.
      I should be grateful if you would confirm the agreement of the European Community to such a provisional application.’

   I am pleased to confirm the agreement of the European Community to a provisional application.
   Please accept, Sir, the assurance of my highest consideration.

      For the European Community

   FISHERIES PARTNERSHIP AGREEMENT
   between the Republic of Madagascar and the European Community
   THE REPUBLIC OF MADAGASCAR, hereinafter referred to as ‘Madagascar’,
   and
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   hereinafter referred to as ‘the Parties’,
   CONSIDERING the close working relationship between the Community and Madagascar, particularly in the context of the Cotonou Agreement, and their mutual desire to intensify that relationship,
   CONSIDERING the desire of the two Parties to promote the sustainable exploitation of fisheries resources by means of cooperation,
   HAVING REGARD TO the United Nations Convention on the Law of the Sea,
   DETERMINED to apply the decisions and recommendations of the Indian Ocean Tuna Commission, hereinafter referred to as ‘IOTC’,
   AWARE of the importance of the principles established by the Code of Conduct for Responsible Fisheries adopted at the FAO Conference in 1995,
   DETERMINED to cooperate, in their mutual interest, in promoting the introduction of responsible fisheries to ensure the long-term conservation and sustainable exploitation of marine living resources,
   CONVINCED that such cooperation must take the form of initiatives and measures which, whether taken jointly or separately, are complementary and ensure consistent policies and synergy of effort,
   INTENDING, to these ends, to commence a dialogue on the sectoral fisheries policy adopted by the Government of Madagascar and to identify the appropriate means of ensuring that this policy is effectively implemented and the need to strengthen the decentralised level in dialogue between the technical services on the one hand, and civil society and economic operators on the other,
   DESIROUS of establishing terms and conditions governing the fishing activities of Community vessels in Malagasy waters and Community support for the introduction of responsible fishing in those waters,
   RESOLVED to pursue closer economic cooperation in the fishing industry and related activities through the setting up and development of joint enterprises involving companies from both Parties,
   HEREBY AGREE AS FOLLOWS:
   Article 1
   Scope
   This Agreement establishes the principles, rules and procedures governing:

               —

               economic, financial, technical and scientific cooperation in the fisheries sector with a view to promoting responsible fishing in Madagascar’s fishing zones to guarantee the conservation and sustainable exploitation of fisheries resources and develop Madagascar’s fisheries sector,

               —

               the conditions governing access by Community fishing vessels to Madagascar’s fishing zones,

               —

               cooperation on the arrangements for policing fisheries in Madagascar’s fishing zones with a view to ensuring that the above rules and conditions are complied with, that the measures for the conservation and management of fish stocks are effective and that illegal, undeclared and unregulated fishing is prevented,

               —

               partnerships between companies aimed at developing economic activities in the fisheries sector and related activities, in the common interest.

         Article 2
   Definitions
   For the purposes of this Agreement:

               (a)

               ‘Malagasy authorities’ means the Malagasy Government represented by its Ministry responsible for fisheries;

               (b)

               ‘Community authorities’ means the European Commission;

               (c)

               ‘Madagascar’s fishing zone’ means the waters over which, as regards fisheries, Madagascar has sovereignty or jurisdiction;

               (d)

               ‘fishing vessel’ means any vessel equipped for commercial exploitation of living aquatic resources;

               (e)

               ‘support vessel’ means any vessel providing assistance to fishing vessels with the installation and surveillance of fish aggregating devices;

               (f)

               ‘Community vessel’ means a fishing vessel flying the flag of a Member State of the Community and registered in the Community;

               (g)

               ‘Joint Committee’ means a committee made up of representatives of the Community and Madagascar, as specified in Article 9 of this Agreement;

               (h)

               ‘transhipment’ means the transfer in or off the port of some or all of the catch from one fishing vessel to another vessel;

               (i)

               ‘unusual circumstances’ means circumstances, other than natural phenomena, which are beyond the reasonable control of one of the Parties and are such as to prevent fishing activities in Malagasy waters;

               (j)

               ‘ACP seamen’ means any seamen who are nationals of a non-European signatory to the Cotonou Agreement. To this end, a Malagasy seaman is an ACP seaman.

         Article 3
   Principles and objectives underlying the implementation of this Agreement
   1.   The Parties hereby undertake to promote responsible fishing in Madagascar’s fishing zones on the basis of the principles of non-discrimination between the different fleets fishing in those waters, without prejudice to the agreements concluded between developing countries within a geographical region, including reciprocal fisheries agreements.
   2.   The Parties shall cooperate with a view to implementing a sectoral fisheries policy adopted by the Malagasy Government and to that end shall initiate a policy dialogue on the necessary reforms. They shall consult with a view to adopting potential measures in this area.
   3.   The Parties shall also cooperate in carrying out ex ante, ongoing and ex post evaluations, both jointly and unilaterally, of measures, programmes and actions implemented on the basis of this Agreement.
   4.   The Parties hereby undertake to ensure that this Agreement is implemented in accordance with the principles of good economic and social governance, respecting the state of fish stocks.
   5.   In particular, the employment of ACP seamen on board Community vessels shall be governed by the International Labour Organisation (ILO) Declaration on Fundamental Principles and Rights at Work, which shall apply as of right to the corresponding contracts and general terms of employment. This concerns in particular the freedom of association and the effective recognition of the right to collective bargaining, and the elimination of discrimination in respect of employment and occupation.
   Article 4
   Scientific cooperation
   1.   During the period covered by this Agreement, the Community and Madagascar shall jointly monitor the evolution of resources in Madagascar’s fishing zone.
   2.   The two Parties, on the basis of the recommendations and resolutions adopted within the Indian Ocean Tuna Commission (IOTC), and in the light of the best available scientific advice, shall consult each other within the Joint Committee provided for in Article 9 of the Agreement and adopt, where appropriate after a scientific meeting and by mutual agreement, measures to ensure the sustainable management of fisheries resources affecting the activities of Community vessels.
   3.   The Parties undertake to consult one other, either directly, including at subregional level, or within the international organisations concerned, to ensure the management and conservation of living resources in the Indian Ocean, and to cooperate in the relevant scientific research.
   Article 5
   Access by Community vessels to fisheries in Malagasy waters
   1.   Madagascar undertakes to authorise Community vessels to engage in fishing activities in its fishing zone in accordance with this Agreement, including the Protocol and Annex thereto.
   2.   The fishing activities governed by this Agreement shall be subject to the laws and regulations in force in Madagascar. The Malagasy authorities shall notify the Commission of any amendments to that legislation.
   3.   Madagascar shall take all the appropriate steps required for the effective application of the fisheries monitoring provisions in the Protocol. Community vessels shall cooperate with the Malagasy authorities responsible for carrying out such monitoring.
   4.   The Community undertakes to take all the appropriate steps required to ensure that its vessels comply with this Agreement and the legislation governing fisheries in the waters over which Madagascar has jurisdiction.
   Article 6
   Licences
   1.   Community vessels may fish in Madagascar’s fishing zone only if they are in possession of a valid fishing licence issued by Madagascar under this Agreement and the Protocol hereto.
   2.   The procedure for obtaining a fishing licence for a vessel, the taxes applicable and the method of payment to be used by shipowners shall be as set out in the Annex to the Protocol.
   Article 7
   Financial contribution
   1.   The Community shall grant Madagascar a financial contribution in accordance with the terms and conditions laid down in the Protocol and Annexes. This single contribution shall be based on two elements, namely:

               (a)

               access by Community vessels to Malagasy waters and fisheries resources; and

               (b)

               the Community’s financial support for promoting responsible fishing and the sustainable exploitation of fisheries resources in Malagasy waters.

         2.   The element of the financial contribution referred to in paragraph 1(b) above shall be determined in the light of objectives identified by common accord between the Parties in accordance with the Protocol, to be achieved in the context of the sectoral fisheries policy drawn up by the Malagasy Government and an annual and multiannual programme for its implementation.
   3.   The financial contribution granted by the Community shall be paid each year in accordance with the Protocol and subject to this Agreement and the Protocol in the event of any change to the amount of the contribution as a result of:

               (a)

               unusual circumstances;

               (b)

               a reduction in the fishing opportunities granted to Community vessels, made by mutual agreement for the purposes of managing the stocks concerned, where this is considered necessary for the conservation and sustainable exploitation of resources on the basis of the best available scientific advice;

               (c)

               an increase in the fishing opportunities granted to Community vessels, made by mutual agreement between the Parties where the best available scientific advice concurs that the state of resources so permits;

               (d)

               a reassessment of the terms of financial support for implementing a sectoral fisheries policy in Madagascar, where this is warranted by the results of the annual and multiannual programming observed by both Parties;

               (e)

               termination of this Agreement under Article 13;

               (f)

               suspension of the application of this Agreement under Article 12.

         Article 8
   Promoting cooperation among economic operators and civil society
   1.   The Parties shall encourage economic, scientific and technical cooperation in the fisheries sector and related sectors. They shall consult one another with a view to coordinating the different measures that might be taken to this end.
   2.   The Parties undertake to promote exchanges of information on fishing techniques and gear, preservation methods and the industrial processing of fisheries products.
   3.   The Parties shall endeavour to create conditions favourable to the promotion of relations between their enterprises in the technical, economic and commercial spheres, by encouraging the establishment of an environment favourable to the development of business and investment.
   4.   The Parties shall encourage, in particular, the setting-up of joint enterprises in their mutual interest which shall systematically comply with Malagasy and Community legislation.
   Article 9
   Joint Committee
   1.   A Joint Committee shall be set up to monitor the application of this Agreement. The Joint Committee shall perform the following functions:

               (a)

               monitoring the performance, interpretation and application of this Agreement and, in particular, the definition of the annual and multiannual programming referred to in Article 7(2) and evaluation of its implementation;

               (b)

               providing the necessary liaison for matters of mutual interest relating to fisheries;

               (c)

               acting as a forum for the amicable settlement of any disputes regarding the interpretation or application of the Agreement;

               (d)

               reassessing, where necessary, the level of fishing opportunities and, consequently, of the financial contribution;

               (e)

               any other function which the Parties decide on by mutual agreement.

         2.   The Joint Committee shall meet at least once a year, alternately in Madagascar and in the Community, and shall be chaired by the Party hosting the meeting. It shall hold a special meeting at the request of either of the Parties.
   Article 10
   Geographical area to which the Agreement applies
   This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community applies, under the conditions laid down in that Treaty, and, on the other, to the territory of Madagascar.
   Article 11
   Duration
   This Agreement shall apply for six years from the date of its entry into force; it shall be tacitly renewed for additional periods of six years, unless notice of termination is given in accordance with Article 13.
   Article 12
   Suspension
   1.   Application of this Agreement may be suspended at the initiative of one of the Parties in the event of a serious disagreement as to the application of provisions laid down in the Agreement. Suspension of application of the Agreement shall require the interested Party to notify its intention in writing at least three months before the date on which suspension is due to take effect. On receipt of this notification, the Parties shall enter into consultations with a view to resolving their differences amicably.
   2.   Payment of the financial contribution referred to in Article 7 shall be reduced proportionately and pro rata temporis, according to the duration of the suspension.
   Article 13
   Termination
   1.   This Agreement may be terminated by either Party in the event of unusual circumstances such as the degradation of the stocks concerned, the discovery of a reduced level of exploitation of the fishing opportunities granted to Community vessels, or failure to comply with undertakings made by the Parties with regard to combating illegal, unreported and unregulated fishing.
   2.   The Party concerned shall notify the other Party in writing of its intention to withdraw from the Agreement at least six months before the date of expiry of the initial period or each additional period.
   3.   Dispatch of the notification referred to in the previous paragraph shall open consultations by the Parties.
   4.   Payment of the financial contribution referred to in Article 7 for the year in which the termination takes effect shall be reduced proportionately and pro rata temporis.
   Article 14
   Protocol and Annex
   The Protocol and the Annex shall form an integral part of this Agreement.
   Article 15
   National law
   The activities of Community vessels operating in Malagasy waters shall be governed by the applicable law in Madagascar, unless otherwise provided in the Agreement, this Protocol and the Annex and Appendices hereto.
   Article 16
   Repeal
   On the date of its entry into force, this Agreement repeals and replaces the Agreement between the European Community and the Democratic Republic of Madagascar on fishing off the coast of Madagascar which entered into force on 28 January 1986.
   Article 17
   Entry into force
   This Agreement, drawn up in duplicate in the Czech, Estonian, Danish, Dutch, English, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic, shall enter into force on the date on which the Parties notify each other in writing that they have completed the necessary internal procedures to that end.
   PROTOCOL
   setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Community and the Republic of Madagascar on fishing off the coast of Madagascar for the period from 1 January 2007 to 31 December 2012
   Article 1
   Period of application and fishing opportunities
   1.   For a period of six years from 1 January 2007, the fishing opportunities granted under Article 5 of the Agreement shall be as follows:

               —

               highly migratory species (species listed in Annex 1 to the 1982 United Nations Convention):

                           —

                           freezer tuna seiners: 43 vessels,

                           —

                           surface longliners over 100 GT: 50 (1) vessels,

                           —

                           surface longliners of 100 GT or below: 26 vessels,

               —

               demersal species: five vessels for exploratory line or bottom longline fishing.

         2.   Paragraph 1 shall apply subject to Articles 4 and 5 of this Protocol.
   3.   Vessels flying the flag of a Member State of the European Community may fish in Madagascar’s fishing zone only if they are in possession of a valid fishing licence issued by Madagascar under this Protocol in accordance with the Annex hereto.
   Article 2
   Financial contribution — Methods of payment
   1.   The financial contribution referred to in Article 7 of the Agreement shall comprise, for the period referred to in Article 1, an annual amount of EUR 864 500 equivalent to a reference tonnage of 13 300 tonnes per year and a specific amount of EUR 332 500 per year for the support and implementation of Madagascar’s sectoral fisheries policy. This specific amount shall be an integral part of the single financial contribution defined in Article 7 of the Agreement.
   2.   Paragraph 1 shall apply subject to Articles 4, 5, 6 and 7 of this Protocol.
   3.   The Community shall pay the total amount referred to in paragraph 1, i.e. EUR 1 197 000, each year during the period of application of this Protocol.
   4.   If the overall quantity of catches by Community vessels in Malagasy waters exceeds the reference tonnage, the amount of the annual financial contribution shall be increased by EUR 65 for each additional tonne caught. However, the total annual amount paid by the Community shall not be more than twice the amount indicated in paragraph 3 (EUR 2 394 000). Where the quantities caught by Community vessels exceed the quantities corresponding to twice the total annual amount, the amount due for the quantity exceeding that limit shall be paid the following year.
   5.   Payment of the financial contribution referred to in paragraph 1 shall be made no later than 31 December 2007 for the first year and no later than 28 February 2008, 2009, 2010, 2011 and 2012 for the following years.
   6.   Subject to Article 7, the Malagasy authorities shall have full discretion regarding the use to which this financial contribution is put.
   7.   The financial contribution shall be paid into a Public Treasury account opened at the Banque Centrale de Madagascar. The account reference is as follows: Agence Comptable Centrale du Trésor Public with the Banque Centrale de Madagascar Antaninarenina — Antananarivo — Madagascar — account No: 213 101 000 125 TP EUR.
   Article 3
   Cooperation on responsible fishing — Scientific cooperation
   1.   The Parties hereby undertake to promote responsible fishing in Malagasy waters on the basis of the principles of non-discrimination between the different fleets fishing in those waters.
   2.   During the period covered by this Protocol, the Community and the Malagasy authorities shall endeavour to monitor the evolution of resources in Madagascar’s fishing zone.
   3.   The Parties undertake to promote cooperation at subregional level on responsible fishing and, in particular, within the Indian Ocean Tuna Commission (IOTC) and the Indian Ocean Commission (IOC).
   4.   In accordance with Article 4 of the Agreement and on the basis of the recommendations and resolutions adopted within the Indian Ocean Tuna Commission, and in the light of the best available scientific advice, the Parties shall consult each other within the Joint Committee provided for in Article 9 of the Agreement and adopt, where appropriate after a scientific meeting possibly at subregional level, and by mutual agreement, measures to ensure the sustainable management of fisheries resources affecting the activities of Community vessels.
   Article 4
   Review of fishing opportunities by mutual agreement
   1.   The fishing opportunities referred to in Article 1 may be increased by mutual agreement provided that the conclusions of the scientific meeting referred to in Article 3(4) confirm that such an increase will not endanger the sustainable management of Madagascar’s resources. In this case the financial contribution referred to in Article 2(1) shall be increased proportionately and pro rata temporis. However, the total amount of the financial contribution paid by the European Community in respect of the reference tonnage shall not be more than twice the amount of the financial contribution referred to in Article 2(1). Where the quantities caught annually by Community vessels are more than twice 13 300 tonnes (i.e. 26 600 tonnes), the amount due for the quantity exceeding that limit shall be paid the following year.
   2.   Conversely, if the Parties agree to adopt a reduction in the fishing opportunities provided for in Article 1, the financial contribution shall be reduced proportionately and pro rata temporis.
   3.   The allocation of the fishing opportunities among different categories of vessels may also be reviewed, following consultations and by mutual agreement between the Parties, provided that any changes comply with recommendations made by the scientific meeting referred to in Article 3(4) regarding the management of stocks liable to be affected by such redistribution. The Parties shall agree on the corresponding adjustment of the financial contribution where the redistribution of fishing opportunities so warrants.
   Article 5
   New and exploratory fishing opportunities
   1.   Should Community vessels be interested in fishing activities which are not indicated in Article 1, the Community shall consult Madagascar in order to seek authorisation for these new activities. Where appropriate, the Parties shall agree on the conditions applicable to these new fishing opportunities and, if necessary, make amendments to this Protocol and to the Annex hereto.
   2.   The Parties may carry out exploratory fishing trips in Madagascar’s fishing zones, subject to an opinion by the scientific meeting provided for in Article 3(4). To this end, they shall hold consultations whenever one of the Parties so requests and determine, on a case-by-case basis, relevant new resources, conditions and other parameters.
   3.   The two Parties shall carry out exploratory fishing activities in accordance with scientific and administrative parameters adopted by mutual agreement. The authorisations for exploratory fishing shall be granted for test purposes, for a maximum of two six-month trips, from the date decided by mutual agreement between the two Parties.
   4.   Where the Parties conclude that the exploratory fishing trips have produced positive results, while preserving ecosystems and conserving living marine resources, new fishing opportunities may be awarded to Community vessels following the consultation procedure provided for in Article 4 of this Protocol and until the expiry of the Protocol and in accordance with the allowable effort. The financial contribution will be increased as a result.
   Article 6
   Suspension and review of the payment of the financial contribution in the event of unusual circumstances
   1.   Where unusual circumstances, other than natural phenomena, prevent fishing activities in Madagascar’s exclusive economic zone (EEZ), the European Community may suspend payment of the financial contribution provided for in Article 2(1). The suspension decision shall be taken following consultations between the two Parties within a period of two months following the request of one of the Parties, and provided that the Community has paid in full any amounts due at the time of suspension.
   2.   Payment of the financial contribution shall resume as soon as the Parties find, by mutual agreement following consultations, that the circumstances preventing fishing activities are no longer present and/or that the situation allows a resumption of fishing activities.
   3.   Where the validity of the licences granted to Community vessels is suspended along with the payment of the financial contribution, it shall be extended by a period equal to the period during which fishing activities were suspended.
   Article 7
   Promotion of responsible fishing in Malagasy waters
   1.   80 % of the total amount of the financial contribution fixed in Article 2 and of fees paid by shipowners shall be allocated each year to the support and implementation of initiatives taken in the context of the sectoral fisheries policy drawn up by the Malagasy Government.
   Madagascar shall manage the corresponding amount following the identification by mutual agreement between the two Parties, in accordance with the current priorities of Madagascar’s fisheries policy for ensuring sustainable and responsible management of the sector, of the objectives to be attained and the annual and multiannual programming required to attain them, pursuant to paragraph 2 below.
   2.   On a proposal from Madagascar and for the purposes of implementing the preceding paragraph, as soon as this Protocol enters into force and no later than three months after that date, the Community and Madagascar shall agree, within the Joint Committee provided for in Article 9 of the Agreement, on a multiannual sectoral programme and detailed implementing rules covering, in particular:

               (a)

               annual and multiannual guidelines for using the percentage of the financial contribution referred to in paragraph 1 and its specific amounts for the initiatives to be carried out each year;

               (b)

               the objectives, both annual and multiannual, to be achieved with a view to promoting responsible fishing and sustainable fisheries, taking account of the priorities expressed by Madagascar in its national fisheries policy and other policies relating to or having an impact on the introduction of responsible fishing and sustainable fisheries;

               (c)

               criteria and procedures for evaluating the results obtained each year.

         3.   Any proposed amendments to the multiannual sectoral programme or of the use of the specific amounts for the initiatives to be carried out each year must be approved by both Parties within the Joint Committee.
   4.   Each year, Madagascar shall allocate the share corresponding to the percentage referred to in paragraph 1 with a view to implementing the multiannual programme. For the first year of application of the Protocol, that allocation must be notified to the Community at the time when the multiannual sectoral programme is approved within the Joint Committee. For each year of application of the Protocol thereafter, Madagascar shall notify the Community of the allocation no later than 1 September of the previous year.
   5.   Where the annual evaluation of the progress made in implementing the multiannual sectoral programme so warrants, the European Community may ask for the amount for the support and implementation of Madagascar’s sectoral fisheries policy within the financial contribution referred to in Article 2(1) of this Protocol to be readjusted with a view to bringing the actual amount of financial resources allocated to implementation of the programme into line with its results.
   Article 8
   Disputes — suspension of application of the Protocol
   1.   Any dispute between the Parties over the interpretation of this Protocol or its application shall be the subject of consultations between the Parties within the Joint Committee provided for in Article 9 of the Agreement, in a special meeting if necessary.
   2.   Without prejudice to Article 9, application of the Protocol may be suspended at the initiative of one Party if the dispute between the two Parties is deemed to be serious and if the consultations held within the Joint Committee under paragraph 1 have not resulted in an amicable settlement.
   3.   Suspension of application of the Protocol shall require the interested Party to notify its intention in writing at least three months before the date on which suspension is due to take effect.
   4.   In the event of suspension, the Parties shall continue to consult with a view to finding an amicable settlement to their dispute. As soon as an amicable settlement is reached, application of the Protocol shall resume and the amount of the financial contribution shall be reduced proportionately and pro rata temporis according to the period during which application of the Protocol was suspended.
   Article 9
   Suspension of application of the Protocol on grounds of non-payment
   Subject to Article 6, if the Community fails to make the payments provided for in Article 2, application of this Protocol may be suspended on the following terms:

               (a)

               the competent Malagasy authorities shall notify the European Commission of the non-payment. The latter shall carry out the requisite checks and, where necessary, transmit the payment within no more than 60 working days of the date of receipt of the notification;

               (b)

               if no payment is made and non-payment is not adequately justified within the period provided for in Article 2(5) of this Protocol, the competent Malagasy authorities shall be entitled to suspend application of the Protocol. They shall inform the European Commission of such action forthwith;

               (c)

               application of the Protocol shall resume as soon as the payment concerned has been made.

         Article 10
   National law
   The activities of Community vessels operating in Malagasy waters shall be governed by the applicable law in Madagascar, unless otherwise provided in the Agreement, this Protocol and the Annex and Appendices hereto.
   Article 11
   Repeal
   The Annex to the Agreement between the European Economic Community and the Republic of Madagascar on fishing off the coast of Madagascar is hereby repealed and replaced by the Annex to this Protocol.
   Article 12
   Entry into force
   1.   This Protocol with its Annex shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for that purpose.
   2.   They will apply with effect from 1 January 2007.

      (1)  The licences for vessels over 100 GT may also be used for vessels of 100 GT or below. However, the standard amounts provided for in point 3 of Section 2 of Chapter 1 of the Annex shall be those corresponding to the tonnage of the vessel.
   PROTOCOL (VMS)
   setting out the provisions applicable to satellite monitoring of Community fishing vessels operating in Madagascar’s EEZ

               1.

               The provisions of this Protocol supplement the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Madagascar on fishing off the coast of Madagascar for the period from 1 January 2007 to 31 December 2012 and apply in accordance with point 5 of ‘Chapter VIII — Monitoring’ in the Annex thereto.

               2.

               All fishing vessels with an overall length exceeding 15 metres operating under the Fisheries Agreement between the European Community and Madagascar shall be monitored by satellite when fishing in Madagascar’s EEZ.
               For the purposes of the satellite monitoring, the Malagasy authorities shall communicate to the Community party the latitude and longitude coordinates of Madagascar’s EEZ.
               The Malagasy authorities shall transmit this information in electronic form, expressed in decimal degrees (WGS 84).

               3.

               The Parties shall exchange information on X.25 addresses and the specifications for electronic data transmission between their Control Centres in accordance with points 5 and 7. Such information shall include the following where they exist: names, telephone, telex and fax numbers, and e-mail addresses (Internet or X.400) which may be used for general communications between Control Centres.

               4.

               The position of vessels shall be determined with a margin of error of less than 500 metres and a confidence interval of 99 %.

               5.

               When a vessel which is fishing under the Agreement and is the subject of satellite monitoring pursuant to Community legislation enters Madagascar’s EEZ, the subsequent position reports (vessel identification, longitude, latitude, course and speed) shall be transmitted immediately by the Control Centre of the flag State to Madagascar’s Fisheries Monitoring Centre (FMC) at intervals of no more than three hours. The messages concerned shall be identified as position reports.

               6.

               The messages specified in point 5 shall be transmitted electronically in X.25 format, or any other secure protocol. They shall be communicated in real time in the format set out in Table II.

               7.

               Where the continuous satellite monitoring equipment installed on board a fishing vessel develops a technical fault or breaks down, the skipper of the vessel shall transmit the information specified in point 5 to the Control Centre of the flag State and Madagascar’s FMC in good time. It will be necessary in those circumstances to send a global position report at 06:00, 12:00 and 18:00 Madagascar time. This global position report shall include the position reports as recorded by the skipper of the vessel on a three-hourly basis in accordance with the requirements laid down in point 5.
               The Control Centre of the flag State shall send these messages to Madagascar’s FMC. The faulty equipment shall be repaired or replaced within a period of not more than one month. After this deadline, the vessel in question must leave Madagascar’s EEZ.

               8.

               The Control Centres of the flag States shall monitor the movements of their vessels in Malagasy waters. If the vessels are not being monitored in accordance with the conditions laid down, Madagascar’s FMC shall be informed by the FMC of the flag State as soon as this is discovered and the procedure laid down in point 7 shall be applicable.

               9.

               If Madagascar’s FMC establishes that the flag State is not transmitting the information specified in point 5, the competent European Commission departments shall be informed immediately.

               10.

               The monitoring data communicated to the other party in accordance with these provisions is intended solely for the purposes of the Malagasy authorities in controlling and monitoring the Community fleet fishing under the Fisheries Agreement between the European Community and Madagascar. Such data may not under any circumstances be communicated to other parties.

               11.

               The satellite-monitoring system software and hardware components shall be reliable and shall not permit the input or output of false positions or be capable of being manually overridden.
               The system shall be fully automatic and operational at all times regardless of environmental and weather conditions. Destroying, damaging, rendering inoperative or tampering with the satellite-monitoring system shall be prohibited.
               Skippers shall ensure that:

                           —

                           data are not altered in any way,

                           —

                           the antenna or antennas connected to the satellite-monitoring equipment are not obstructed,

                           —

                           the power supply of the satellite-monitoring equipment is not interrupted, and

                           —

                           the satellite-monitoring equipment is not removed from the vessel.

               12.

               The Parties agree to exchange upon request information on the equipment used for satellite monitoring, in order to ensure that each piece of equipment is fully compatible with the requirements of the other Party for the purposes of these provisions.

               13.

               Any dispute over the interpretation or application of these provisions shall be the subject of consultation between the Parties within the Joint Committee provided for in Article 9 of the Agreement.

               14.

               The Parties agree to review these provisions, as appropriate.

      Communication of VMS messages to Madagascar

      Position report

               Data Element

               Code

               Mandatory/Optional

               Comments

               Start record

               SR

               M

               System detail — indicates start of record

               Recipient

               AD

               M

               Message detail — recipient. Alpha 3 ISO country code

               From

               FR

               M

               Message detail — sender. Alpha 3 ISO country code

               Flag State

               FS

               O

               Type of message

               TM

               M

               Message detail — Message type ‘POS’

               Radio call sign

               RC

               M

               Vessel detail — international radio call sign of vessel

               Contracting party internal reference number

               IR

               O

               Unique contracting party number (flag State ISO-3 code followed by number)

               External registration number

               XR

               M

               Vessel detail — number marked on side of vessel

               Latitude

               LA

               M

               Vessel position detail — position in degrees and minutes N/S DDMM (WGS-84)

               Longitude

               L

               M

               Vessel position detail — position in degrees and minutes E/W DDMM (WGS-84)

               Course

               C

               M

               Vessel course 360° scale

               Speed

               SP

               M

               Vessel speed in tenths of knots

               Date

               DA

               M

               Vessel position detail — date of record of UTC position (YYYYMMDD)

               Time

               TI

               M

               Vessel position detail — time of record of UTC position (HHMM)

               End record

               ER

               M

               System detail — indicates end of record

         Character set: ISO 8859.1
   Each data transmission is structured as follows:

               —

               a double slash (//) and field code indicate the start of the message,

               —

               a single slash (/) separates the field code and the data.

         Optional data elements have to be inserted between the start and end of the record.
   COORDINATES OF MADAGASCAR’S FMC
   Name of FMC: Centre de Surveillance des Pêches (CSP)
   CSP Tel.: 00 261 20 22 404 10
   CSP Fax: 00 261 20 22 490 14
   CSP E-mail: csp-mprh@blueline.mg
   DPRH Tel. and Fax: Direction de la pêche et des ressources halieutiques (DPRH) 00 261 20 22 409 00
   DPRH E-mail: mamy.andriantsoa@wanadoo.mg
   Address X25 = 134 164 784 14 from FMC-FRANCE
   208 034 164 784 14 from FMC-Spain, FMC-Portugal, FMC-Italy

      Model declaration of entries/exits: