               19.2.2016

               EN

               Official Journal of the European Union

               C 65/199

         P7_TA(2013)0249
   Appointment of a Member of the European Commission
   European Parliament decision of 12 June 2013 approving the appointment of Neven Mimica as a Member of the Commission (2013/0806(NLE))
   (2016/C 065/35)

      The European Parliament,

               —

               having regard to the Act of accession of Croatia, and in particular Article 21(1) thereof,

               —

               having regard to the proposal submitted by the Croatian Government on 25 April 2013, with a view to the appointment of Neven Mimica as a Member of the Commission,

               —

               having regard to the Council's letter of 2 May 2013, whereby the Council consulted Parliament on a decision, to be taken by common accord with the President of the Commission, on the appointment of Neven Mimica as a Member of the Commission,

               —

               having regard to the hearing of Neven Mimica on 4 June 2013, led by the Committee on the Internal Market and Consumer Protection with the association of the Committee on the Environment, Public Health and Food Safety, and to the statement of evaluation drawn up following that hearing;

               —

               having regard to Rule 106 of, and Annex XVII to, its Rules of Procedure,

               1.

               Approves the appointment of Neven Mimica as a Member of the Commission for the remainder of the Commission’s term of office until 31 October 2014;

               2.

               Instructs its President to forward this decision to the Council, the Commission and the governments and parliaments of the Member States and the Republic of Croatia.


DECISION NO. 63 OF 5 JULY 1967 CONCERNING INTERPRETATION OF TRANSITIONAL PROVISIONS IN ARTICLE 6 OF REGULATION NO. 8/63/EEC IN THE EVENT OF DEATH AFTER THE ENTRY INTO FORCE OF THIS REGULATION, FROM THE CONSEQUENCES OF SCLEROGENOUS PNEUMOCONIOSIS WHERE BENEFITS WERE PAID BEFORE ITS ENTRY INTO FORCE


title: 2007/787/EC: Council Decision of 29 November 2007 on the conclusion of the Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               5.12.2007

               EN

               Official Journal of the European Union

               L 317/75

      COUNCIL DECISION

   of 29 November 2007
   on the conclusion of the Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2007/787/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the second sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof,
   Having regard to the 2005 Act of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the assent of the European Parliament (1),
   Whereas:

               (1)

               The Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (2), was signed on behalf of the Community and its Member States at Brussels on 31 October 2007.

               (2)

               The Protocol should be approved,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Protocol to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union is hereby approved on behalf of the Community and its Member States.
   The text of the Protocol is attached to this Decision (3).

      Done at Brussels, 29 November 2007.

            For the Council

            The President

         M. LINO

      (1)  Not yet published in the Official Journal.

      (2)  OJ L 147, 21.6.2000, p. 3.

      (3)  See page 65 of this Official Journal.


Avis juridique important

|

32001D0593

2001/593/EC: Council Decision of 18 June 2001 on the conclusion of the Agreement between the European Community and the Republic of Malta concerning the participation of the Republic of Malta in the European Environment Agency and the European environment information and observation network

Official Journal L 213 , 07/08/2001 P. 0102 - 0102

Council Decisionof 18 June 2001on the conclusion of the Agreement between the European Community and the Republic of Malta concerning the participation of the Republic of Malta in the European Environment Agency and the European environment information and observation network(2001/593/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1), in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Whereas:(1) The European Environment Agency and the European environment information and observation network were established by Regulation (EEC) No 1210/90(2).(2) The Luxembourg European Council (December 1997) made participation in the Community programmes and agencies a way of stepping up the pre-accession strategy for the central and east European countries. In the case of the agencies, the European Council's conclusions provide that "the Community agencies in which applicant countries will be able to participate will be determined on a case-by-case basis".(3) The Helsinki European Council (December 1999) reaffirmed the inclusive nature of the accession process, which now comprises 13 candidate countries within a single framework with the candidate countries participating in the accession process on an equal footing.(4) The Council, pursuant to Article 300(1) of the Treaty, on 14 February 2000 authorised the Commission to conduct negotiations on the participation in the European Environment Agency of the countries applying for accession,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and the Republic of Malta concerning the participation of the Republic of Malta in the European Environment Agency and the European environment information and observation network is approved on behalf of the Community.The text of the Agreement is set out as an Annex to this Decision.Article 2The President of the Council is authorised to designate the person(s) empowered to deposit the notification provided for in Article 17 of the Agreement.Article 3This Decision shall be published in the Official Journal of the European Communities.Done at Luxembourg, 18 June 2001.For the CouncilThe PresidentM. Winberg(1) Opinion delivered 31.5.2001 (not yet published in the Official Journal).(2) OJ L 120, 11.5.1990, p. 1. Regulation as last amended by Regulation (EC) No 933/1999 (OJ L 117, 5.5.1999, p. 1).


title: Council Decision (EU) 2015/2289 of 3 December 2015 establishing the position to be taken on behalf of the European Union within the Joint Committee set up under the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union, with regard to the adoption of common guidelines for the implementation of the Agreement

text:
               9.12.2015

               EN

               Official Journal of the European Union

               L 323/11

         COUNCIL DECISION (EU) 2015/2289
   of 3 December 2015
   establishing the position to be taken on behalf of the European Union within the Joint Committee set up under the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union, with regard to the adoption of common guidelines for the implementation of the Agreement
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (1) (‘the Agreement’) entered into force on 1 December 2014.

               (2)

               Article 10 of the Agreement provides that a Joint Committee is to be established by the Parties. It further provides that that Joint Committee is, in particular, to monitor the implementation of the Agreement.

               (3)

               Regulation (EC) No 810/2009 of the European Parliament and of the Council (2) establishes the procedures and conditions for issuing visas for transit through or intended stays on the territory of the Member States not exceeding 90 days in any 180-day period.

               (4)

               Common guidelines are needed in order to ensure a fully harmonised implementation of the Agreement by the consulates of the Republic of Cape Verde and of the Member States, and to clarify the relationship between the provisions of the Agreement and the provisions of the legislation of the Parties to the Agreement that continue to apply to visa issues not covered by the Agreement.

               (5)

               It is therefore appropriate to establish the position to be taken on behalf of the Union within the Joint Committee, with regard to the adoption of common guidelines for the implementation of the Agreement.

               (6)

               In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (7)

               In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the Union within the Joint Committee set up under the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union, with regard to the adoption of common guidelines for the implementation of the Agreement, shall be based on the draft decision of the Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 3 December 2015.

            For the Council

            The President

         F. BRAZ

      (1)  OJ L 282, 24.10.2013, p. 3.

      (2)  Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).

      DRAFT
      DECISION No 1/2015 OF THE JOINT COMMITTEE SET UP UNDER THE AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF CAPE VERDE ON FACILITATING THE ISSUE OF SHORT-STAY VISAS TO CITIZENS OF THE REPUBLIC OF CAPE VERDE AND OF THE EUROPEAN UNION
      of …
      with regard to the adoption of common guidelines for the implementation of the Agreement
      THE JOINT COMMITTEE,
      Having regard to the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (1) (‘the Agreement’), and in particular Article 10 thereof,
      Whereas the Agreement entered into force on 1 December 2014,
      HAS ADOPTED THIS DECISION:
      Article 1
      Common guidelines for the implementation of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union are adopted as set out in the Annex to this Decision.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at …,

               For the European Union

               For the Republic of Cape Verde

         (1)  OJ L 282, 24.10.2013, p. 3.

         ANNEX

            COMMON GUIDELINES FOR THE IMPLEMENTATION OF THE AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF CAPE VERDE ON FACILITATING THE ISSUE OF SHORT-STAY VISAS TO CITIZENS OF THE REPUBLIC OF CAPE VERDE AND OF THE EUROPEAN UNION

         The purpose of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issuing of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (‘the Agreement’), which entered into force on 1 December 2014, is to facilitate, on the basis of reciprocity, the procedures for issuing visas for an intended stay of no more than 90 days per period of 180 days to the citizens of Republic of Cape Verde (‘Cape Verde’) and of the European Union (‘the Union’).
         The Agreement establishes reciprocal, legally binding rights and obligations for the purpose of simplifying the procedures for the issuing of visas to the citizens of Cape Verde and of the Union.
         These Guidelines, adopted by the Joint Committee established by the Agreement (‘Joint Committee’), aim at ensuring a correct and harmonised implementation of the Agreement by the diplomatic missions and consular posts of Cape Verde and of the Member States. These Guidelines are not part of the Agreement and are therefore not legally binding. However, it is highly recommended that diplomatic and consular staff consistently follow them when implementing the provisions of the Agreement.
         These Guidelines are conceived as a document which should be updated, if necessary, in light of the experiences gained in the implementation of the Agreement.
         I.   GENERAL ISSUES
         1.1.   Purpose and scope of application

         Article 1 of the Agreement reads:

            ‘The purpose of this Agreement is to facilitate, on the basis of reciprocity, the issue of visas to citizens of Cape Verde and of the Union for an intended stay of no more than 90 days per period of 180 days.’.

         The Agreement applies to all citizens of Cape Verde and of the Union who apply for a short-stay visa, regardless of the country in which they reside.
         The Agreement does not apply to stateless persons holding a residence permit issued by Cape Verde or by the Member States. The rules of the Union visa acquis apply to that category of persons.
         1.2.   Scope of the Agreement

         Article 2 of the Agreement reads:

            ‘1.   The measures to facilitate the issue of visas set out in this Agreement shall apply to citizens of Cape Verde and of the Union only in so far as they are not exempt from visa requirements under the laws and regulations of the Union or its Member States or of Cape Verde, or under the present Agreement or other international agreements.
            2.   The national law of Cape Verde and of the Member States or the law of the Union shall apply to matters not covered by the provisions of this Agreement, such as refusal to issue a visa, recognition of travel documents, proof of sufficient means of subsistence, refusal of entry and expulsion measures.’.

         Without prejudice to Article 8 of the Agreement, the Agreement does not affect the existing Union and national rules on visa obligations and visa exemptions. For instance, Article 4 of Council Regulation (EC) No 539/2001 (1) allows Member States to exempt from the visa requirement, among other categories of persons, civilian air and sea crews.
         Regulation (EC) No 810/2009 of the European Parliament and of the Council (2) (‘the Visa Code’) applies to all issues not covered by the Agreement, such as the determination of the Schengen State responsible for processing a visa application, the motivation of refusal to issue a visa and the right to appeal against a negative decision. Furthermore, Schengen rules and national law continue to apply to issues which are not covered by the Agreement, such as the recognition of travel documents, proof of documentary evidence regarding the purpose of the journey and sufficient means of subsistence, the processing times for visa applications, the refusal of entry into the territory of the Member States and expulsion measures.
         Even if the conditions foreseen in the Agreement are met, the issuing of the visa can still be refused if the conditions laid down in Article 5 of Regulation (EC) No 562/2006 of the European Parliament and of the Council (3) (‘the Schengen Borders Code’) are not fulfilled, i.e. the person is not in possession of a valid travel document, an alert in the Schengen Information System has been issued, the person is considered a threat for public policy, internal security, etc.
         Other flexibilities in the issuing of visas allowed for by the Visa Code continue to apply. For instance, multiple-entry visas for a long period of validity — up to five years — can be issued to categories of persons other than those mentioned in Article 4 of the Agreement, if the conditions foreseen in the Visa Code (Article 24) are met. In the same way, the provisions contained in the Visa Code allowing waiver or reduction of the visa fee will continue to apply (Article 16(5) and (6) of the Visa Code). The national law of Cape Verde continues to apply to all matters related to the issuing of visas to Union citizens by Cape Verde and not covered by the Agreement, such as those mentioned in three preceding paragraphs.
         1.3.   Types of visas falling within the scope of the Agreement

         Point (d) of Article 3 of the Agreement defines ‘visa’ as ‘an authorisation issued or a decision taken by a Member State or by Cape Verde which is required with a view to entering, for transit purposes or for an intended stay of no more than 90 days in total, the territory of that Member State or of several Member States or the territory of Cape Verde;’.
         The facilitations provided by the Agreement apply both to uniform visas valid for the entire territory of the Member States, and to visas with limited territorial validity. They also apply to short-stay and transit visas issued by Cape Verde to Union citizens.
         1.4.   Calculation of the length of stay authorised by a visa

         In accordance with Article 5(1) of the Schengen Borders Code, the notion of ‘short stay’ means ‘90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay’.
         The day of entry will be calculated as the first day of stay in the territory of the Member States and the day of exit will be calculated as the last day of stay in the territory of the Member States. The notion of ‘any’ implies the application of a ‘moving’ 180-day reference period, on each day of the stay looking back to the last 180-day period, in order to verify if the 90/180-day requirement continues to be fulfilled. That means that an absence in the territory of the Member States for an uninterrupted period of 90 days allows for a new stay of up to 90 days.
         A short-stay calculator, which can be used for calculating the period of allowed stay under the new rules, can be found online at the following address: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/border-crossing/index_en.htm.
         An example of a calculation of stay on the basis of the new definition is as follows:
         A person holding a multiple-entry visa for one year (18.4.2014–18.4.2015) enters for the first time on 19.4.2014 and stays for three days. The same person then enters again on 18.6.2014 and stays for 86 days. In such case the situation on specific dates could be as follows:

                     —

                     on 11.9.2014: over the last 180 days (16.3.2014–11.9.2014) the person had stayed for three days (19.4.2014–21.4.2014) plus 86 days (18.6.2014–11.9.2014) = 89 days = no overstay. The person may still stay for up to one day;

                     —

                     as of 16.10.2014: the person might enter for a stay of three additional days (on 16.10.2014 the stay on 19.4.2014 becomes irrelevant (outside the 180-day period); on 17.10.2014 the stay on 20.4.2014 becomes irrelevant (outside the 180-day period, etc.));

                     —

                     as of 15.12.2014: the person might enter for 86 additional days (on 15.12.2014 the stay on 18.6.2014 becomes irrelevant (outside the 180-day period); on 16.12.2014 the stay on 19.6.2014 becomes irrelevant, etc.).

               1.5.   Situation regarding the Member States that do not yet fully apply the Schengen acquis, Member States that do not participate in the EU common visa policy and associated countries

         Member States that joined the Union in 2004 (Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia), 2007 (Bulgaria and Romania) and 2013 (Croatia) are bound by the Agreement as from its entry into force.
         Bulgaria, Croatia, Cyprus and Romania do not yet fully implement the Schengen acquis. They will continue issuing national visas with a validity limited to their own national territory. Once those Member States fully implement the Schengen acquis, they will continue to apply the Agreement.
         National law continues to apply to all issues not covered by the Agreement until the date of full implementation of the Schengen acquis by those Member States. As from that date, Schengen rules and/or national law apply to issues not covered by the Agreement.
         Bulgaria, Croatia, Cyprus and Romania are authorised to recognise residence permits, D visas and short-stay visas issued by Schengen Member States and associated countries for short stays on their territory.
         In accordance with Article 21 of the Convention implementing the Schengen Agreement (4), all Schengen States must recognise the long-stay visas and residence permits issued by each other as valid for short stays on each other's territories. Schengen Member States accept residence permits, D visas and short-stay visas of Schengen associated countries for entry and short stay and vice versa.
         The Agreement does not apply to the United Kingdom, Ireland and Denmark, but comprises joint declarations about the desirability of concluding bilateral agreements on visa facilitation between Cape Verde and those Member States.
         Although associated with Schengen, Iceland, Norway, Switzerland and Liechtenstein are not bound by the Agreement. However, the Agreement contains a joint declaration about the desirability of concluding bilateral agreements on visa facilitation between Cape Verde and those Schengen countries without delay.
         1.6.   The Agreement and other bilateral agreements

         Article 11 of the Agreement reads:

            ‘From its entry into force, this Agreement shall take precedence over the provisions of any bilateral or multilateral agreements or arrangements concluded between Member States and Cape Verde, in so far as the provisions of those agreements or arrangements relate to matters that are dealt with by this Agreement.’.

         As from the date of entry into force of the Agreement, provisions of the bilateral agreements in force between Member States and Cape Verde on issues covered by the Agreement cease to apply. In accordance with Union law, Member States have to take the necessary measures to eliminate the incompatibilities between their bilateral agreements and the Agreement.
         Should a Member State have concluded a bilateral agreement or arrangement with Cape Verde on issues not covered by the Agreement, that exemption would continue to apply after the entry into force of the Agreement.
         II.   SPECIFIC PROVISIONS
         2.1.   Rules that apply to all visa applicants

         It is recalled that the facilitations mentioned below regarding departure in the event of lost or stolen documents and the extension of a visa in exceptional circumstances apply to all visa holders of Cape Verde and Member States.
         2.1.1.   Extension of a visa in exceptional circumstances

         Article 7 of the Agreement reads:

            ‘Citizens of Cape Verde and of the Union who are unable to leave the territory of the Member States or of Cape Verde respectively by the date indicated in their visas for reasons of force majeure shall have their visas extended free of charge in accordance with the legislation applied by the host State for the period necessary for their return to their State of residence.’.

         As regards the possibility of extending the validity of the visa in cases of force majeure (for instance, a stay in hospital due to an accident) where the holder of the visa does not have the possibility to leave the territory of the Member State by the date indicated on the visa sticker, Article 33(1) of the Visa Code will apply as long as it is compatible with the Agreement (for example, the extended visa will remain a uniform visa, entitling entry to the territory of all the Schengen Member States for which that visa was valid at the time of its issue). In accordance with the Agreement, the extension of the visa in cases of force majeure is carried out free of charge.
         2.2.   Rules that apply to certain categories of visa applicants

         2.2.1.   Issuing of multiple-entry visas

         In cases where the visa applicant needs to travel frequently or regularly to the territory of Cape Verde or to the territory of the Member States, short-stay visas may be issued for several visits, provided that the total length of these visits does not exceed 90 days in any 180-day period.
         Article 4(1) of the Agreement reads:

            ‘1.   Diplomatic missions and consular posts of the Member States and of Cape Verde shall issue multiple-entry visas valid for five years to the following categories of citizen:

                        (a)

                        members of national and regional governments and parliaments, constitutional courts, supreme courts or courts of auditors, if they are not exempt from visa requirements under this Agreement, in the exercise of their duties;

                        (b)

                        permanent members of official delegations who, following an official invitation addressed to Cape Verde, the Member States or the Union, take part in meetings, consultations, negotiations or exchange programmes, or in events in the territory of the Member States or Cape Verde organised on the initiative of intergovernmental organisations;

                        (c)

                        business people and company representatives who regularly travel to the Member States or to Cape Verde;

                        (d)

                        spouses, children (including adopted children) who are under the age of 21 or are dependent, and parents visiting either:

                                    —

                                    citizens of Cape Verde legally resident in the territory of a Member State or citizens of the Union legally resident in Cape Verde, or

                                    —

                                    citizens of the Union resident in the Member State of their nationality, or citizens of Cape Verde resident in Cape Verde.

                  However, if the need or intention to travel frequently or regularly is clearly limited to a shorter stay, the validity of the multiple-entry visa shall be limited to this stay, in particular where

                        —

                        the term of office, in the case of those covered by point (a) above,

                        —

                        the term of office of a permanent member of an official delegation, in the case of those covered by point (b) above,

                        —

                        the duration of the positions as business people and company representatives, in the case of those covered by point (c) above, or

                        —

                        the duration of the residence permits issued to Cape Verde citizens residing in the territory of a Member State and Union citizens residing in Cape Verde, in the case of those covered by point (d) above,

                  is less than five years.’.

         Taking into account the professional status of those categories of persons, or their family relationship with a citizen of Cape Verde or of the Union who is legally residing in the territory of Cape Verde or of the Member State, as well as regarding the relatives of citizens of the Union resident in the Member State of their nationality, or the relatives of citizens of Cape Verde resident in Cape Verde, it is justified to grant them a multiple-entry visa with a validity of five years, or limited to the term of office or to their legal residence if those are of less than five years.
         As regards persons falling under Article 4(1)(a), confirmation should be given regarding their professional status and the duration of their mandate.
         This provision will not apply to persons falling under Article 4(1)(a) if they are exempted from the visa requirement by the Agreement, i.e. if they are holders of a diplomatic or service passport.
         Persons falling under Article 4(1)(b) must present proof regarding their permanent status as a member of the delegation and the need to participate regularly in meetings, consultations, negotiations or exchange programmes.
         Persons falling under Article 4(1)(c) must present proof regarding their professional status and the duration of their activities.
         Persons falling under Article 4(1)(d) must present proof regarding the legal residence of the inviting person.
         In cases where the need or the intention to travel frequently or regularly is clearly limited to a shorter period, the validity of a multiple-entry visa will be limited to that period.
         Article 4(2) of the Agreement reads:

            ‘2.   Diplomatic missions and consular posts of the Member States and Cape Verde shall issue multiple-entry visas valid for one year to the following categories of citizens, provided that during the previous year they have obtained at least one visa and that they have made use of it in accordance with the laws on entry and residence in the territory of the State in question:

                        (a)

                        representatives of civil society organisations travelling regularly to Member States or to Cape Verde for the purposes of educational training or to take part in seminars and conferences, including as part of exchange programmes;

                        (b)

                        practitioners of a liberal profession taking part in international exhibitions, conferences, symposia, seminars or other similar events who regularly travel to the Member States or to Cape Verde;

                        (c)

                        persons taking part in scientific, cultural and artistic activities, including university and other exchange programmes, who regularly travel to the Member States or to Cape Verde;

                        (d)

                        participants in international sports events and persons accompanying them in a professional capacity;

                        (e)

                        journalists and accredited persons accompanying them in a professional capacity;

                        (f)

                        school pupils, students, post-graduate students and accompanying teachers who undertake trips for the purposes of study or educational training, including exchange programmes and other school-related activities;

                        (g)

                        representatives of religious organisations recognised in Cape Verde or in the Member States who regularly travel to the Member States or to Cape Verde respectively;

                        (h)

                        persons visiting regularly for medical reasons;

                        (i)

                        participants in official exchange programmes organised by twinned towns or municipal authorities;

                        (j)

                        members of official delegations who, following an official invitation addressed to Cape Verde, the Member States or the Union, regularly take part in meetings, consultations, negotiations or exchange programmes, and in events in the territory of the Member States or of Cape Verde organised on the initiative of intergovernmental organisations.

                  However, if the need or intention to travel frequently or regularly is clearly limited to a shorter stay, the validity of the multiple-entry visa shall be limited to the length of this stay.’.

         In principle, multiple-entry visas valid for one year will be issued to the abovementioned categories of visa applicants if during the previous year (12 months) the visa applicant has obtained at least one visa and has made use of it in accordance with the laws on entry and stay of the State(s) visited (for instance, the person has not overstayed) and if there are reasons for requesting a multiple-entry visa.
         In cases where it is not justified to issue a visa valid for one year (for instance, if the duration of the exchange programme is of less than one year or the person does not need to travel for a full year), the validity of the visa will be of less than one year, provided that the other requirements for issuing the visa are met.
         Article 4(3) and (4) of the Agreement reads:

            ‘3.   Diplomatic missions and consular posts of the Member States and of Cape Verde shall issue multiple-entry visas that are valid for at least two years and at most five years to citizens in the categories referred to in paragraph 2 of this Article, provided that during the two years prior to the application they have made use of a one-year multiple-entry visa in accordance with the laws on entry and residence in the territory of the host State.
            However, if the need or intention to travel frequently or regularly is clearly limited to a shorter stay, the validity of the multiple-entry visa shall be limited to the length of that stay.
            4.   The total period of residence of the persons referred to in paragraphs 1 to 3 of this Article shall not exceed 90 days per period of 180 days in the territory of the Member States or of Cape Verde.’.

         Multiple-entry visas with a validity of two to five years will be issued to the categories of visa applicants mentioned under Article 4(2), provided that during the previous two years (24 months) they have made use of the multiple-entry visas valid for at least one year in accordance with the laws on entry and stay of the State(s) visited and that the reasons for requesting a multiple-entry visa are still valid. It has to be noted that a multiple-entry visa with a validity of two to five years will only be issued if the visa applicant has been issued, during the previous two years, two visas valid for at least one year, and if that person has used those visas in accordance with the laws of entry and stay of the State(s) visited. Diplomatic missions and consular posts are to decide, on the basis of the assessment of each visa application, the period of validity of those visas (from two to five years).
         There is no obligation to issue a multiple-entry visa if the applicant has not made use of a previously issued visa.
         2.2.2.   Visa processing fee

         Article 5(1) of the Agreement reads:

            ‘1.   Without prejudice to the provisions of paragraph 2, the Member States or Cape Verde shall not collect visa fees from the following categories of people:

                        (a)

                        members of official delegations who, following an official invitation addressed to Cape Verde, the Member States or the Union, take part in meetings, consultations, negotiations or official exchange programmes, or in events in the territory of a Member State or of Cape Verde organised by intergovernmental organisations;

                        (b)

                        children under 12 years of age (5);

                        (c)

                        school pupils, students, postgraduate students and accompanying teachers travelling for study or educational purposes;

                        (d)

                        researchers travelling for the purposes of scientific research;

                        (e)

                        participants no older than 25 years of age taking part in seminars, conferences or sports, cultural or educational events organised by non-profit organisations.’.

         The fee is fully waived for the abovementioned categories of persons.
         Article 16(6) and the first subparagraph of Article 16(7) of the Visa Code reads:

            ‘6.   In individual cases, the amount of the visa fee to be charged may be waived or reduced when to do so serves to promote cultural or sporting interests as well as interests in the field of foreign policy, development policy and other areas of vital public interest or for humanitarian reasons.
            7.   The visa fee shall be charged in euro, in the national currency of the third country or in the currency usually used in the third country where the application is lodged, and shall not be refundable except in the cases referred to in Articles 18(2) and 19(3).’ (i.e. cases of an inadmissible application or cases where the consulate is not competent).

         Visa applicants from Cape Verde, in accordance with Article 16(8) of the Visa Code, and the citizens of the Union, in accordance with Décret-Loi 27/2007 of Cape Verde ‘shall be given a receipt for the visa fee paid’.
         Article 5(2) of the Agreement reads:

            ‘2.   Where the Member States or Cape Verde cooperate with an external service provider, service charges may be collected. The service charge shall be proportionate to the costs incurred by the external service provider in the performance of the tasks, and shall not exceed EUR 30. Cape Verde and the Member State or States concerned shall maintain the possibility for all applicants to lodge their applications directly at its/their consulates.’.

         The categories of persons exempted from the visa fee are subject to a service fee in cases where a Member State cooperates with an external service provider.
         Currently no Member State has outsourcing arrangements with external service providers in Cape Verde.
         2.2.3.   Holders of diplomatic and service passports

         Article 8 of the Agreement reads:

            ‘1.   Citizens of Cape Verde or of the Member States who are holders of valid diplomatic or service passports can enter, leave and transit through the territories of the Member States or of Cape Verde without visas.
            2.   The citizens referred to in paragraph 1 of this Article may stay in the territories of the Member States or of Cape Verde for a period not exceeding 90 days per period of 180 days.’.

         The procedures regarding posting of diplomats in the Member States are not covered by the Agreement. The usual accreditation procedure applies.
         In a Joint Declaration annexed to the Agreement the Parties agreed that any of them may invoke a partial suspension of the Agreement, in particular Article 8 thereof, if its implementation leads to abuse by the other Party or to a threat to public security. The partial suspension of the Agreement must be conducted in accordance with the procedure set out in Article 12(5) thereof.
         If the implementation of Article 8 is suspended, the two Parties will initiate consultations in the framework of the Joint Committee with a view to solving the problems that led to the suspension.
         As a priority, both Parties agreed to undertake to ensure a high level of security for diplomatic and service passports, in particular by integrating biometric identifiers. For the Union, this will be ensured in accordance with the requirements set out in Council Regulation (EC) No 2252/2004 (6).
         III.   COOPERATION ON DOCUMENT SECURITY
         In a Joint Declaration annexed to the Agreement the Parties agreed that the Joint Committee should evaluate the impact of the level of security of the respective travel documents on the functioning of the Agreement. To that end, the Parties committed to regularly informing each other about the measures taken to avoid the proliferation of travel documents, to develop the technical aspects of travel-document security and in relation to the personalisation process for the issue of travel documents.
         IV.   STATISTICS
         In order to allow the Joint Committee to monitor effectively the implementation of the Agreement, diplomatic missions and consular posts of Cape Verde and of the Member States must submit statistics to the Commission every six months regarding, in particular and where possible, and specifying by month:

                     —

                     the number of multiple-entry visas issued;

                     —

                     the length of validity of multiple-entry visas issued;

                     —

                     the number of visas issued without fees to the different categories of persons covered by the Agreement.

            (1)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

            (2)  Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).

            (3)  Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).

            (4)  OJ L 239, 22.9.2000, p. 19.

            (5)
         NB: In order to benefit from the fee waiver for this category of persons, visa applicants have to present evidence proving their age.

            (6)  Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by Member States (OJ L 385, 29.12.2004, p. 1).


Avis juridique important

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31985D0424

85/424/EEC: Council Decision of 26 March 1985 on the application of the International Agreement on Tropical Timber 1983

Official Journal L 236 , 03/09/1985 P. 0008 - 0008 Finnish special edition: Chapter 11 Volume 11 P. 0225  Spanish special edition: Chapter 11 Volume 22 P. 0138  Swedish special edition: Chapter 11 Volume 11 P. 0225  Portuguese special edition Chapter 11 Volume 22 P. 0138

*****COUNCIL  DECISION  of 26 March 1985  on the application of the International Agreement on Tropical Timber 1983  (85/424/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 113 and 116 thereof,  Having regard to the recommendation from the Commission,  Whereas the International Agreement on Tropical Timber 1983 was signed by the Community and its Member States on 29 June 1984;  Whereas application of the Agreement presupposes both measures by the Community and joint measures by its Member States,  HAS DECIDED AS FOLLOWS:  Article 1  The Community and its Member States hereby state that they intend to apply the International Agreement on Tropical Timber 1983, in accordance with Articles 34 or 36 thereof, when the Agreement comes into force pursuant to Article 37 thereof.  The Community will apply the Agreement provisionally.  Article 2  The President of the Council is hereby authorized to designate the person empowered to deposit this notification of provisional application on behalf of the Community.  Article 3  This Decision shall be published in the Official Journal of the European Communities.  Done at Brussels, 26 March 1985.  For the Council  The President  F. M. PANDOLFI


title: 2008/436/EC: Council Decision of 9 June 2008 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               12.6.2008

               EN

               Official Journal of the European Union

               L 153/36

      COUNCIL DECISION

   of 9 June 2008
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   (2008/436/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training (1), and in particular Article 4 thereof,
   Having regard to the lists of nominees submitted to the Council by the Commission as regards the employees’ representatives,
   Whereas:

               (1)

               By its Decision of 18 September 2006 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2006 to 17 September 2009.

               (2)

               A members’ seat on the Governing Board of the Centre in the category of the Employees’ representatives has become vacant as a result of the resignation of Mr Gregor MIKLIC,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2009:

               I.

                  REPRESENTATIVES OF EMPLOYEES’ ORGANISATIONS

                           SLOVENIA

                           Mr Marjan URBANČ
                           Association of Free Trade Unions of Slovenia

      Done at Luxembourg, 9 June 2008.

            For the Council

            The President

         M. COTMAN

      (1)  OJ L 39, 13.2.1975, p. 1. Regulation as last amended by Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1).

      (2)  OJ C 240, 5.10.2006, p. 1.


title: 2007/38/EC: Council Decision of 22 January 2007 appointing three Danish members and five Danish alternate members to the Committee of the Regions

text:
               24.1.2007

               EN

               Official Journal of the European Union

               L 17/20

      COUNCIL DECISION

   of 22 January 2007
   appointing three Danish members and five Danish alternate members to the Committee of the Regions
   (2007/38/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Danish Government,
   Whereas:

               (1)

               On 24 January 2006 the Council adopted Decision 2006/116/EC (1) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010.

               (2)

               Three members' seats on the Committee of the Regions will become vacant following the resignations of Ms Vibeke STORM RASMUSSEN, Mr Johannes FLENSTED-JENSEN and Mr Lars ABEL. Four alternate members' seats on the Committee of the Regions will become vacant following the resignations of Mr Kristian EBBENSGAARD, Mr Søren ERIKSEN, Mr Jan BOYE and Ms Bente NIELSEN. The resignations take effect on 1 January 2007. One seat as alternate member of the Committee of the Regions will become vacant following the appointment of Ms Mona HEIBERG as a member of that Committee,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

               (a)

               as members:

                           —

                           Mr Henrik RINGBÆK MADSEN, Regionsrådsmedlem, in place of Ms Vibeke STORM RASMUSSEN,

                           —

                           Mr Karsten UNO PETERSEN, Regionsrådsmedlem, in place of Mr Johannes FLENSTED-JENSEN,

                           —

                           Ms Mona HEIBERG, Borgerrepræsentant, Københavns Kommune, in place of Mr Lars ABEL;

               (b)

               as alternate members:

                           —

                           Ms Lykke DEBOIS, Regionsrådsmedlem, in place of Mr Kristian EBBENSGAARD,

                           —

                           Mr Bent LARSEN, Regionsrådsmedlem, in place of Mr Søren ERIKSEN,

                           —

                           Ms Tove LARSEN, Formand for sammenlægningsudvalget, Aabenraa Kommune, in place of Ms Bente NIELSEN,

                           —

                           Mr Erik NIELSEN, Borgmester, Rødovre Kommune, in place of Mr Jan BOYE, and

                           —

                           Mr Søren SALLING, Regionsrådsmedlem, in place of Ms Mona HEIBERG.

         Article 2
   This Decision shall take effect on 1 January 2007.

      Done at Brussels, 22 January 2007.

            For the Council

            The President

         F.-W. STEINMEIER

      (1)  OJ L 56, 25.2.2006, p. 75.


title: Council Decision of 9 November 1973 concluding the Agreement between the European Economic Community and the Islamic Republic of Mauritania on the supply of skimmed-milk powder as food aid

text:
13 . 12. 73                        Official Journal of the European Communities                         No L 343 /25
                                                COUNCIL DECISION
                                                 of 9 November 1973
            concluding the Agreement between the European Economic Community and the Islamic
                 Republic of Mauritania on the supply of skimmed-milk powder as food aid
                                                     (73/383/EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
            Having regard to the Treaty establishing the European Economic Community, and in
            particular Articles 113 , 11.4 and 228 thereof;
            Having regard to the Recommendation from the Commission ;
            Whereas by Council Regulation (EEC) No 1264/73 (*) of 14 May 1973 on the supply of
            skimmed-milk powder as food aid to the countries of the Sahel, it was decided to make
            1 800 metric tons of skimmed-milk powder available to the Islamic Republic of Mau
            ritania;
            Whereas the procedure for fixing the place of destination, referred to in Article II of the
            Agreement should be specified,
            HAS DECIDED AS FOLLOWS :
                                                       Article 1
            The Agreement between the European Economic Community and the Islamic Republic
            of Mauritania on the supply of skimmed-milk powder as food aid, the text of which is
            annexed hereto, is hereby concluded on behalf of the Community.
                                                       Article 2
            The acceptance referred to in Article II of the Agreement shall be given for the Com
            munity by the Commission.
                                                       Article 3
            The President of the Council is hereby authorized to designate the persons empowered
            to sign the Agreement, and to confer on them the powers necessary to bind the Com
            munity.
            Done at Brussels, 9 November 1973 .
                                                                                For the Council
                                                                                The President
                                                                                Per HAEKKERUP
            H OJ No L 129 , 16 . 5 . 1973 , p. 27.


title: 2011/655/: Decision of the European Parliament and of the Council of 27 September 2011 on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/028 NL/Overijssel Division 18 from the Netherlands)

text:
               7.10.2011

               EN

               Official Journal of the European Union

               L 263/12

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 27 September 2011
   on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/028 NL/Overijssel Division 18 from the Netherlands)
   (2011/655/EU)
   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 the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               The Netherlands submitted an application on 20 December 2010 to mobilise the EGF in respect of redundancies in nine enterprises operating in the NACE Revision 2 Division 18 (‘Printing and reproduction of recorded media’) in the NUTS II region of Overijssel (NL21) in the Netherlands, and supplemented it by additional information up to 7 March 2011. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 718 140.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by the Netherlands,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2011, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 718 140 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 27 September 2011.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


title: 2007/566/EC: Council Decision of 23 July 2007 on the signing and the provisional application of an Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and four related agreements

text:
                  25.8.2007

                  EN

                  Official Journal of the European Union

                  L 221/1

         COUNCIL DECISION
         of 23 July 2007
         on the signing and the provisional application of an Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and four related agreements
         (2007/566/EC)
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty establishing the European Community, and in particular Article 310, in conjunction with the second sentence of the first subparagraph of Article 300(2) thereof,
         Having regard to the proposal from the Commission,
         Whereas:

                     (1)

                     Following their accession to the European Union, the Republic of Bulgaria and Romania (EEA Applicant Countries) have applied to become Contracting Parties to the Agreement on the European Economic Area (EEA Agreement) pursuant to Article 128 thereof.

                     (2)

                     To that end, the Commission has negotiated, on behalf of the European Community and its Member States, with Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the EEA Applicant Countries an Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and four related agreements, being:

                                 (i)

                                 Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning a Cooperation Programme for Economic Growth and Sustainable Development in Bulgaria;

                                 (ii)

                                 Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning a Cooperation Programme for Economic Growth and Sustainable Development in Romania;

                                 (iii)

                                 Additional Protocol to the Agreement between the European Economic Community and Iceland consequent on the accession of the Republic of Bulgaria and Romania to the European Union; and

                                 (iv)

                                 Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Republic of Bulgaria and Romania to the European Union.

                     (3)

                     The negotiations were concluded on 29 March 2007.

                     (4)

                     Subject to their possible conclusion at a later stage, the said agreements should be signed on behalf of the European Community.

                     (5)

                     Pending the completion of the procedures required to bring them into force and in order to maintain the good functioning of the internal market within the European Economic Area, the said agreements should be applied on a provisional basis pursuant to Agreements in the form of an Exchange of Letters between the European Community and Iceland, the Principality of Liechtenstein and the Kingdom of Norway, respectively,

               HAS DECIDED AS FOLLOWS:

            Article 1
            The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community, the following agreements, subject to their conclusion at a later stage:

                        —

                        Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area,

                        —

                        Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning a Cooperation Programme for Economic Growth and Sustainable Development in Bulgaria,

                        —

                        Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning a Cooperation Programme for Economic Growth and Sustainable Development in Romania,

                        —

                        Additional Protocol to the Agreement between the European Economic Community and Iceland consequent on the accession of the Republic of Bulgaria and Romania to the European Union, and

                        —

                        Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Republic of Bulgaria and Romania to the European Union.

            Article 2
            The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community, Agreements in the form of an Exchange of Letters between the European Community and Iceland, the Principality of Liechtenstein and Norway, respectively, concerning the provisional application of the Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and four related agreements. Pending their entry into force, the said agreements shall be applied on a provisional basis from the first day of the first month following the date on which the last of these Exchanges of Letters has been completed.
            However, the provisions of the Additional Protocol to the Agreement between the European Economic Community and Iceland consequent on the accession of Bulgaria and Romania to the European Union and of the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Republic of Bulgaria and Romania to the European Union in relation to new and modified tariff quotas applicable to imports into the Community of certain fish and fishery products originating in Iceland and Norway shall be applied on a provisional basis from the first day of the second month following the date on which the last of the Exchanges of Letters has been completed.

            Article 3
            The texts of the Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and of the four related agreements as well as the Agreements in the form of an Exchange of Letters concerning their provisional application are attached to this Decision.

            Done at Brussels, 23 July 2007.

                  For the Council

                  The President

               L. AMADO


title: Council Decision of 4 December 2012 renewing the term of office of the Chairman of the Board of Appeal of the Community Plant Variety Office

text:
               8.12.2012

               EN

               Official Journal of the European Union

               C 378/2

         COUNCIL DECISION
   of 4 December 2012
   renewing the term of office of the Chairman of the Board of Appeal of the Community Plant Variety Office
   2012/C 378/03
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1), and in particular Article 47(1) thereof,
   Whereas:

               (1)

               By Decision 2007/858/EC of 17 December 2007 (2), the Council appointed Mr Paul A.C.E. VAN DER KOOIJ as Chairman of the Board of Appeal of the Community Plant Variety Office.

               (2)

               On 10 October 2012, after obtaining the favourable opinion of the Administrative Council of the Office, the Commission proposed that the term of office of Mr Paul A.C.E. VAN DER KOOIJ be renewed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The term of office of Mr Paul A.C.E. VAN DER KOOIJ as Chairman of the Board of Appeal of the Community Plant Variety Office is hereby renewed for a period of five years with effect from 18 December 2012.
   Article 2
   The Chairman of the Administrative Council of the Office shall be empowered to provide for all the arrangements necessary to implement Article 1.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 4 December 2012.

            For the Council

            The President

         V. SHIARLY

      (1)  OJ L 227, 1.9.1994, p. 1.

      (2)  OJ L 337, 21.12.2007, p. 105.


Avis juridique important

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31999D0853

1999/853/EC: Council Decision of 6 December 1999 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Slovak Republic

Official Journal L 335 , 28/12/1999 P. 0022 - 0028

COUNCIL DECISIONof 6 December 1999on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Slovak Republic(1999/853/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships(1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas:(1) the Luxembourg European Council stated that the Accession Partnership is a new instrument and the key feature of the enhanced pre-accession strategy;(2) Regulation (EC) No 622/98 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual Accession Partnerships, as they are submitted to each applicant State, as well as on subsequent significant adjustments applicable to them;(3) Community assistance is conditional on the fulfillment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfillment of the Copenhagen criteria; where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance;(4) the Luxembourg European Council decided that the implementation of the Accession Partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies;(5) the 1999 Commission's Regular Report presented an objective analysis on the Slovak Republic's preparations for membership and identified a number of priority areas for further work;(6) in order to prepare for membership, the Slovak Republic should update its national programme for the adoption of the acquis; this programme should set out a timetable for achieving the priorities and intermediate objectives established in the Accession Partnership,HAS DECIDED AS FOLLOWS:Article 1In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership for the Slovak Republic are set out in the Annex hereto, which forms an integral part of this Decision.Article 2The implementation of the Accession Partnership shall be examined in the Europe Agreement bodies and by the appropriate Council bodies to which the Commission shall report regularly.Article 3This Decision shall take effect on the third day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 6 December 1999.For the CouncilThe PresidentT. HALONEN(1) OJ L 85, 20.3.1999, p. 1.ANNEXSLOVAKIA: 1999 ACCESSION PARTNERSHIP1. OBJECTIVESThe purpose of the Accession Partnership is to set out in a single framework the priority areas for further work identified in the Commission's 1999 Regular Report on the progress made by Slovakia towards membership of the European Union, the financial means available to help Slovakia implement these priorities and the conditions which will apply to that assistance. This Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate States in their preparations for membership. These include, inter alia, the revised National Programme for the adoption of the acquis, the Joint Assessment of medium-term economic policy priorities, the Pact against organised crime as well as the National Development Plans and other sectoral plans necessary for the participation in Structural Funds after membership and for the implementation of ISPA and Sapard before accession. Each of these instruments is different in nature and is prepared and implemented according to specific procedures. They are not an integral part of this Partnership but the priorities they contain will be compatible with it.2. PRINCIPLESThe main priority areas identified for each candidate State relate to their ability to take on the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate State has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid, the European Council stressed the need for the candidate States to adjust their administrative structures to ensure the harmonious operation of Community policies after accession and at Luxembourg, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied.3. PRIORITIES AND INTERMEDIATE OBJECTIVESThe Commission's Regular Reports have highlighted the extent of the efforts which still have to be made in certain areas by the candidate States to prepare for accession. This situation requires the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the States concerned, the achievement of which will condition the degree of assistance the progress of the negotiations under way with some States and the opening of new negotiations with the others. The priorities and intermediate objectives in the revised Accession Partnerships ate again divided into two groups, short- and medium-term. Those listed under the short term have been selected on the basis that it is realistic to expect that Slovakia can complete or take them substantially forward by the end of 2000. The priorities listed under the medium term are expected to take more than one year to complete although work should, wherever possible, also begin on them during 2000. The progress made in meeting the priorities of the 1998 Accession Partnership is assessed in the 1999 Regular Report. This assessment has been used in formulating the priorities for the current partnership.Slovakia submitted a revised version of its National programme for the adoption of the acquis (NPAA) on 28 May 1999. It sets out a timetable for achieving priorities and intermediate objectives, based on the first Accession Partnership, as well as necessary administrative structures and financial resources.The Accession Partnership indicates the priority areas for Slovakia's membership preparations. Slovakia will nevertheless have to address all issues identified in the Regular Report. It is also important that Slovakia fulfils the commitments of legislative approximation and implementation of the acquis in accordance with the commitments made under the Europe Agreement, the screening exercise and the negotiation process. It should be recalled that incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's Regular Report, the following short and medium term priorities and intermediate objectives have been identified for Slovakia.3.1. Short-term (2000)Political criteria:- improve the situation of the Roma through strengthened implementation including provision for the necessary financial support at national and local levels, of measures aimed, notably, at fighting against discrimination (including within the public administration), foster employment opportunities and increase access to education; provide adequate financial support.Economic criteria:- restore macroeconomic stability,- promote competitiveness through market-driven enterprise restructuring, particularly in energy-intensive heavy industries, supported by transparent financial sector reform, including privatisation of three major banks and one insurance company, and bad-debt recovery mechanisms,- take measures to stimulate domestic and foreign investment, including in small and medium-sized enterprises, in particular through simplification of legal and administrative procedures,- improve bankruptcy procedures and streamline their implementation.Internal market:- public procurement: set up a public procurement office; establish surveillance, oversight and complaint procedures,- intellectual and industrial property rights: align and enforce trademark, copyright and neighbouring rights legislation; reinforce administrative capacity and the fight against counterfeiting especially by strengthening border controls,- free movement of goods: implement the law on technical requirements of product and conformity assessment; start alignment with new approach directives; continue alignment in the sectors covered by product-specific legislation; adopt basic legislation in the chemical sector; accelerate the adoption of European Union standards; set up independent standardisation and accreditation structures,- free movement of capital: align laws on direct investment in those areas still restricted and progressively relax restrictions on institutional investors,- financial services: strengthen and coordinate the supervisory institutions and procedures,- competition: implement new State aid law; provide adequate resources for State aid monitoring authority; complete preparation of State aid inventory; continue annual State aid reports,- telecommunications: adopt telecommunications law and establish an independent national regulatory authority; complete separation of regulatory and ownership functions,- audiovisual: complete alignment of legislation,- taxation: align the taxable scope and excise duty rate level for mineral oils and the scope of the application of the reduced VAT rate; develop a timetable for further legislative alignment excise duties; ensure that new tax measures comply with the principles of the code of conduct for business taxation,- Customs: strengthen border control.Agriculture:- continue alignment of veterinary and phytosanitary legislation and upgrade inspection arrangements, in particular at the future external borders,- establish a vineyard register.Energy:- prepare a decommissioning plan to implement the government decision to close the Bohunice V1 nuclear reactors,- implement an energy strategy with particular attention to energy efficiency, revise energy demand forecasts on the basis of more realistic growth and energy intensity scenarios,- continue to ensure high levels of nuclear safety at the Bohunice V2 and Mochovce nuclear power plants.Employment and social affairs:- enforce occupational safety and health legislation,- support social partners' capacity-building efforts to develop and implement the acquis, notably through bipartite social dialogue,- prepare a national employment strategy with a view to later participation in the European Employment Strategy, including through the launch of a joint employment review.Environment:- develop a comprehensive and realistic approximation strategy,- accelerate the transposition and enforcement of framework legislation in the areas of water quality, waste management, integrated pollution prevention control, nature protection and air quality,- develop a plan for financing investments based on directive specific implementation programmes, estimations of costs of alignment and realistic sources of public and private finance year-by-year in particular for the water sector, air sector, waste management and industrial pollution control,- complete transposition and enforce the environmental impact assessment directive.Justice and home affairs:- improve the fight against organised crime and illegal migration (in particular through introduction of visa stickers), to enable full participation in the Schengen Information System,- ratify the European Convention on money laundering, the European criminal law convention on corruption and the OECD Convention on bribery,- align the Penal Code to the acquis in the area of fight against organised crime and fraud,- improve asylum legislation (in particular abolition of the 24 hour deadline) and establish an independent body as the second instance in an asylum procedure,- ratify the European convention on money laundering and strengthen capacity to deal with money laundering.Reinforcement of administrative and judicial capacity, including the management and control of European Union funds:- adopt civil service law and start implementation of the public administration reform strategy,- Phare(1), ISPA(2) and Sapard(3): further develop the National Development Plan and the Rural Development Plan; adopt the legal, administrative and budgetary framework (audit manual and audit trail) to programme and manage ISPA and Sapard, including the introduction of environmental impact assessments and European Union-compatible public procurement rules for projects co-financed by Community Funds and the establishment of a functioning paying agency for Sapard,- complete the legislative framework for internal and external financial control; set up a central organisation within the government for harmonising internal audit/control functions; set up internal audit/control units in spending centres,- introduce "functional independence" for national internal controllers/auditors at both central and decentralised levels and "ex ante" financial control,- strengthen the independence of the judiciary, in particular amend the constitution with regard to the appointment of and a probationary system for judges.3.2. Medium-termPolitical criteria:- continue implementation of the minority language legislation and protect the use of minority languages in the fields of education, culture and the media including the adoption of any necessary legislation,- strengthen policies and budgetary means, at national and local level, to continue improving the situation of the Roma (notably through the fight against discrimination and increased access to education and employment).Economic criteria:- promote competitiveness of the private sector, including small- and medium-sized enterprises,- complete the privatisation process,- deregulate remaining administered prices and rents,- establish an annual fiscal surveillance procedure aimed at bringing the reporting, monitoring and control of public finances, specifically fiscal positions, in line with European Union procedures,- continue reform of social security financing.Internal market:- data protection: complete alignment,- free movement of goods: complete the adoption of EN standards; complete the alignment of sectoral legislation; upgrade to European Union level all surveillance and conformity assessment structures as well as other implementing structures in sectors covered by product specific legislation,- free movement of capital: align laws on the acquisition by European Union nationals of real estate,- free movement of services: complete alignment of and implement directives on banking, insurance, investment services and securities markets,- free movement of persons: complete alignment of mutual recognition of diplomas,- competition: complete legislative alignment; reinforce the anti-trust and State aid authorities and procedures; improve transparency, flow of data, and coordination and training between all levels of administration,- Telecommunications: strengthen independent national regulatory authority,- Taxation: full alignment of the tax acquis including the Community's transitional VAT regime review existing laws and ensure compatibility with the code of conduct for business taxation; strengthen administrative capacity and control procedures including administrative cooperation and mutual assistance,- Consumer protection: continue alignment; strengthen market surveillance and enforcement authorities,- Customs: reinforce the customs administration, in particular by increasing the handling capacity of customs border posts and with respect to applying excise duties.Agriculture:- reinforce common agricultural policy management mechanisms and administrative structures (monitor agricultural markets and implement structural and rural development measures, set up bodies and control mechanisms),- continue restructuring of the agrifood sector; reinforce the food control administration,- complete system of animal identification; implement quality control system (hazard analysis critical control point), animal waste treatment, modernisation of meat and dairy plants residue and zoonosis control programmes; complete inspection systems on future external borders.Energy:- further improve energy efficiency,- prepare for the internal energy market, notably the electricity and gas directives (including adaptation of energy prices to cost levels and the establishment of a regulator),- align oil stock requirements,- complete safety upgrading programmes at the Bohunice V2 and Mochovce nuclear power plants,- prepare and implement overall planning and licensing work for the decomissioning of the Bohunice V1 nuclear power plant,- strengthen regulatory structures for nuclear safety and radiation protection.Transport:- align road transport (market access, safety rules, rules for dangerous goods and taxation), aviation (particularly air safety and air traffic management) rail and inland waterways (technical requirements for vessels).Employment and social affairs:- transpose and implement European Union legislation in the field of occupational health and safety (including the framework directive), labour law, equal treatment of women and men, and public health; reinforce the related administrative structures and those required for the coordination of social security,- establish an independent guarantee fund for employees in the case of employer's insolvency.Economic and social cohesion:- develop national policy for economic and social cohesion; prepare for the implementation of regional development programmes and Community initiatives; improve administrative structures and clarify responsibilities for regional policy issues; organise the budgetary system and procedures according to Structural Funds standards, including appraisal and evaluation.Environment:- continue and finalise transposition and implementation of framework legislation, as well as other remaining sectoral legislation,- reinforce monitoring and implementation control capacities at the Ministry, regional and district levels, reinforce the environmental inspectorate,- integrate sustainable development principles into the definition and implementation of all other sectoral policies.Justice and home affairs:- upgrade law enforcement bodies and the judiciary (staff numbers, training and equipment), in particular in border control and illegal immigration to enable full participation in the Schengen Information System; continue the fight against organised crime, trafficking in women and children, drug trafficking and corruption; ensure better coordination between law enforcement bodies,- continue progressive alignment of visa legislation and practice with that of the European Union.Reinforcement of administrative and judicial capacity including the management and control of European Union funds:- strengthen the Supreme Audit Office, financial control and internal audit functions through the provision of adequate staff, training and equipment,- strengthen statistical capacities.4. PROGRAMMINGThe Phare allocation for the period 1995 to 1999 has totalled EUR 251 million. Following the agreement of the European Council in Berlin on 24 and 25 March 1999, financial assistance to the applicant States during the period 2000 to 2006 will also comprise support for pre-accession measures for agriculture and rural development through the pre-accession instrument Sapard (Council Regulation (EC) No 1268/1999, OJ L 161, 26.6.1999, p. 87) and a structural instrument ISPA (Council Regulation (EC) No 1267/1999, OJ L 161, 26.6.1999, p. 73) which will give priority to measures similar to the cohesion fund in the pre-accession period. Under these national allocations, Slovakia can also fund part of its participation in Community programmes including in the Fifth Research and Technological Development Framework Programme (OJ L 26, 1.2.1999, p. 1). In addition Slovakia will have access to funding from multi-State programmes directly related to the acquis. Joint financing by the applicant States is systematically required for all investment projects. Since 1998 the Commission has worked with the European Investment Bank and international financial institutions, in particular the European Bank for Reconstruction and Development and the World Bank, with a view to facilitating the co-financing of projects relating to pre-accession priorities.5. CONDITIONALITYCommunity assistance for financing projects through the three pre-accession instruments Phare, ISPA and Sapard is conditional on respect by Slovakia of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and in particular progress in meeting the specific priorities of this Accession Partnership in 2000. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.6. MONITORINGThe implementation of the Accession Partnership is monitored in the framework of the Europe Agreement. As underlined by the European Council in Luxembourg it is important that the institutions of the Europe Agreement continue to be the framework within which the adoption of the acquis can be examined, in accordance with the same procedures, irrespective of whether or not negotiations have been opened. The relevant sections of the Accession Partnership are discussed in the appropriate subcommittee. The Association Committee discusses overall developments, progress and problems in meeting its priorities and intermediate objectives as well as more specific issues referred to it from the subcommittees.The Phare Management Committee ensures that financing decisions under all three pre-accessions instruments, Phare, ISPA and Sapard, are compatible with each other as well as with the Accession Partnerships as laid down in the Coordinating Regulation (Council Regulation (EC) No 1266/1999, (OJ L 161, 26.6.1999, p. 68)).The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98.(1) Phare = Action plan for coordinated aid to Poland and Hungary.(2) ISPA = Instrument for Structural Policies for Pre-Accession.(3) Sapard = Special Accession Programme for Agriculture and Rural Development.


Avis juridique important

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31993D0499

93/499/EEC, Euratom: Council Decision of 13 September 1993 appointing a member of the Economic and Social Committee

Official Journal L 235 , 18/09/1993 P. 0040 - 0040

COUNCIL DECISION of 13 September 1993 appointing a member of the Economic and Social Committee(93/499/Euratom, EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 193 to 195 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,  Having regard to the Convention on certain institutions common to the European Communities, and in particular Article 5 thereof,  Having regard to the Council Decision of 24 September 1990 appointing the members of the Economic and Social Committee for the period ending on 20 September 1994 (1),  Whereas a seat has become vacant on the Economic and Social Committee following the resignation of Mr Luc Guyau, notified to the Council on 23 September 1992;  Having regard to the nominations submitted by the French Government on 4 February 1993,  Having obtained the opinion of the Commission of the European Communities,  HAS DECIDED AS FOLLOWS:   Sole Article  Mr Jean-Paul Bastian is hereby appointed member of the Economic and Social Committee in place of Mr Luc Guyau for the remainder of the latter's term of office, which runs until 20 September 1994.  Done at Brussels, 13 September 1993.  For the Council The President Ph. MAYSTADT  (1) OJ No L 290, 23. 10. 1990, p. 13.