Avis juridique important

|

31987D0085

87/85/EEC: Commission Decision of 7 January 1987 on the setting-up of an Advisory Committee on Social Questions affecting Farmers and the Members of their families

Official Journal L 045 , 14/02/1987 P. 0046 - 0048 Finnish special edition: Chapter 3 Volume 22 P. 0182  Swedish special edition: Chapter 3 Volume 22 P. 0182

COMMISSION DECISION of 7 January 1987 on the setting-up of an Advisory Committee on Social Questions affecting Farmers and the Members of their Families (87/85/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the Advisory Committee on Social Questions affecting Farmers and the Members of their Families was set up by Commission Decision 64/18/EEC (1), replaced by Commission Decision 76/410/EEC (2), as last amended by Decision 83/77/EEC (3);  Whereas, following the accession of new Member States to the Community, the number of seats on the Committee should be increased and they should be reallocated; whereas the procedure for the replacement of members should also be adjusted;  Whereas the provisions concerning the Advisory Committee on Social Questions affecting Farmers and the Members of their Families have been amended several times and have therefore become difficult to apply; whereas they should therefore be consolidated;   Whereas the Commission should seek the views of producers, traders and rural families on social questions affecting agriculture;  Whereas representatives of the various interests directly concerned by the abovementioned questions must have an opportunity to participate in the drafting of the opinions requested by the Commission;  Whereas the trade associations concerned and the associations of rural families in the Member States have set up organizations at Community level which are in a position to represent those concerned in all the Member States,  HAS DECIDED AS FOLLOWS:    Article 1 1.  There shall be attached to the Commission an Advisory Committee on Social Questions affecting Farmers and the Members of their Families (hereinafter called 'the Committee').  2.  The Committee shall be composed of representatives of the following interests: farmers, paid agricultural workers and rural families.  (4) OJ No 2, 10. 1. 1964, p. 25/64.  (5) OJ No L 106, 23. 4. 1976, p. 36.  (6) OJ No L 51, 24. 2. 1983, p. 34.  Article 2 1.  The Committee may be consulted by the Commission on any social questions affecting farmers and members of their families working on the holding, all such questions being considered both in themselves and in relation to their repercussions  on the agricultural population as a whole.  2.  At the request on one of the interests referred to in Article 1 (2), the Committee may on its own initiative and in regard to a matter within its terms of reference forward opinions and reports to the Commission.  Article 3 1.  The Committee shall consist of 32 members.  2.  Seats on the Committee shall be apportioned as follows:  - 22 to farmers' representatives, including four to representatives of young farmers,  - seven to representatives of paid agricultural workers,  - three to representatives of rural families.  Article 4 1.  Members of the Committee shall be appointed by the Commission on proposals from the following organizations set up at Community level: Committee of Agricultural Organizations in the EEC (COPA), European Federation of Agricultural Workers'  Unions within the Community (EFA), Committee of Family Organizations for the European Communities (COFACE).  For each seat to be filled, these bodies shall put forward the names of two candidates of different nationality.  2.  The term of office for members of the Committee shall be three years. Their appointments may be renewed. Members shall not be remunerated for their services.  After the expiry of the three years members of the Committee shall remain in office until they are replaced or until their appointments are renewed.  In the event of the resignation or decease of a member or a request from the body having proposed a member that he be replaced, he shall be replaced in accordance with the procedure laid down in paragraph 1.  3.  A list of the members of the Committee shall be published by the Commission, for information purposes, in the Official Journal of the European Communities.  Article 5 1.  After consulting the Commission, the Committee shall elect a chairman for a period of three years.  The chairman shall be elected, in the case of the first ballot, by a two-thirds majority of the members present and, in the case of subsequent ballots, by a simple majority of the members present. In the event of a tie, the Commission shall provide a  chairman on a temporary basis.  2.  The Committee shall elect two vice-chairmen for a period of three years. The vice-chairmen may not represent the same interest as the chairman.  The election shall take place in accordance with the procedure laid down in paragraph 1.  The officers shall prepare and organize the work of the Committee.  Article 6 1.  Only the Commission representatives, the members of the Committee, or persons replacing them in their absence, and persons invited in accordance with paragraphs 3 and 4 may participate in or attend meedings.  2.  Should a member be unable to attend a meeting, the organization or organizations to which a seat is allocated may appoint a person to take his place. This person shall be selected from a list drawn up by mutual agreement between the Commission and  the organization or organizations in question and containing a number of names equal to half the total number of members representing the organization or organizations in question.  This number shall be not less than one and not more than 12.  The secretariat of the Committee must be informed of such replacement of a member at least seven days before a meeting.  3.  At the request of an organization to which one or more seats are allocated, the chairman may, in agreement with the Commission staff, invite its general secretary or a member of its secretariat to attend the meetings of the Committee as an observer.  Should he be unable to attend, however, the general secretary may have his seat as an observer taken by another person designated by him.  Observers shall not have the right to speak. They may, however, be invited to do so by the chairman in agreement with the Commission staff.  4.  At the request of an organization to which one or more seats are allocated, and when the matters on the agenda are of a highly technical nature outside the normal framework of the deliberations of the Committee, the chairman may, in agreement with  the Commission staff, invite one or more experts to take part in the deliberations of the Committee.  The Commission may, on its own initiative, invite any person particularly well qualified in one of the subjects on the agenda to take part in the deliberations of the Committee as an expert.  However, experts shall participate only in the discussion of the matter concerning which they were invited to attend.  Article 7 In agreement with the Commission staff, the Committee may set up working to facilitate its work.  Article 8 1.  The Committee shall be convened by the Commission and shall meet at the Commission headquarters. Meetings of the officers shall be convened by the chairman by arrangement with the Commission.  2.  Representatives of the Commission departments concerned shall take part in meetings of the Committee, its officers and working parties.  3.  Secretarial services for the Committee and its working parties shall be provided by the Commission.  Article 9 No vote shall be taken on the matters discussed by the Committee.  The Commission may, when seeking the opinion of the Committee, set a time limit within which such opinion must be given.  The views expressed by the various interests represented shall be included in a summary record forwarded to the Commission.  In the event of unanimous agreement being reached in the Committee on the opinion to be given, the Committee shall formulate joint conclusions and attach them to the summary record.  Article 10 Without prejudice to the provisions of Article 214 of the Treaty, where the Commission informs them that the opinions requested or the question raised is on a matter of a confidential nature, members of the Committee shall be under an obligation not to disclose information which has come to their knowledge through the work of the Committee or of its working parties.  In such cases, only Committee members and representatives of the Commission departments concerned may be present at the meetings.  Article 11 Commission Decision 76/410/EEC is hereby repealed.  Article 12 This Decision shall enter into force on 1 January 1987.   Done at Brussels, 7 January 1987.  For the Commission Frans ANDRIESSEN Vice-President EWG:L111UMBE15.95 FF: 1UEN;   SETUP: 01;   Hoehe: 1252 mm;   190 Zeilen;   8663 Zeichen;  Bediener: MIKE   Pr.: C;  Kunde: ................................


title: 2011/502/EU: Commission Decision of 10 August 2011 on setting up the Group of Experts on Trafficking in Human Beings and repealing Decision 2007/675/EC

text:
               12.8.2011

               EN

               Official Journal of the European Union

               L 207/14

         COMMISSION DECISION
   of 10 August 2011
   on setting up the Group of Experts on Trafficking in Human Beings and repealing Decision 2007/675/EC
   (2011/502/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               Article 67(3) of the Treaty assigned the European Union the task of ensuring a high level of security within the area of freedom, security and justice. That objective is to be achieved by preventing and combating crime, organised and other, including trafficking in human beings and crimes against children.

               (2)

               According to Article 5(3) of the Charter of Fundamental Rights of the European Union, trafficking in human beings is prohibited.

               (3)

               Trafficking in human beings, as defined in Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (1), is a serious crime comprising violations of fundamental human rights and human dignity and requiring a multi-disciplinary approach across the entire trafficking chain, encompassing countries of origin, transit and destination alike.

               (4)

               On 25 March 2003, by Decision 2003/209/EC (2), the Commission decided to set up a consultative group known as the ‘Experts Group on Trafficking in Human Beings’. By Decision 2007/675/EC (3), the Commission repealed the Decision of 25 March 2003 and set up a new consultative group, the Group of Experts on Trafficking in Human Beings, which has contributed substantively to the prevention of and the fight against trafficking in human beings and enabled the Commission to gather opinions about initiatives relating to trafficking in human beings. Following the expiry of the 3-year period of validity of Decision 2007/675/EC, it has to be repealed and replaced.

               (5)

               In the light of the valuable work carried out by both expert groups since 2003 that has enabled the Commission to further develop its policy in this area, and taking into account the increasing importance at global level of the policy on trafficking in human beings, there is a continuing need for a group of experts.

               (6)

               A new group of experts should continue to advise the Commission, taking into account recent developments at EU level. These include, the adoption of Directive 2011/36/EU; the appointment of the EU Anti-Trafficking Coordinator; the Action-Oriented Paper on strengthening the EU external dimension on action against trafficking in human beings, of 30 November 2009.

               (7)

               The group should be composed of 15 members representing a wide range of expertise in all the aspects of anti-trafficking policies and also a balanced representation in terms of institutional background and geographic regions.

               (8)

               Rules on disclosure of information by members of the group should be laid down.

               (9)

               Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (4).

               (10)

               The term of office of the members should be 4 years and should be renewable.

               (11)

               It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension.

               (12)

               Decision 2007/675/EC should be repealed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   The Group of Experts on Trafficking in Human Beings, hereinafter referred to as ‘the group’, is hereby established.
   Article 2
   Tasks
   The group’s tasks shall be (5):

               (a)

               to advise the Commission on matters related to trafficking in human beings and protecting its victims by issuing written contributions, as appropriate and agreed with the Commission, and ensuring a coherent approach to the subject;

               (b)

               to help the Commission to assess the evolution of policy in the field of trafficking in human beings at national, European and international levels;

               (c)

               to assist the Commission in identifying and defining possible relevant measures and actions at national, European and international level across the range of the anti-trafficking policies;

               (d)

               to provide a forum for discussion on matters related to trafficking in human beings and bring about exchanges of experience.

         Article 3
   Consultation
   The Commission may consult the group on any matter relating to trafficking in human beings.
   Article 4
   Membership — Appointment
   1.   The group shall be composed of 15 members.
   2.   The members of the group shall be individuals with expertise and experience in the prevention and the fight against trafficking in human beings and protection of its victims.
   3.   The composition of the group shall reflect the balance of expertise required on the different forms of trafficking as well as the various aspects involved, such as, but not limited to labour, healthcare, law enforcement, migration, victims support, development cooperation, gender, children, fundamental rights and education.
   4.   Members of the group must be nationals of a Member State of the European Union or, if appropriate, of a candidate or potential candidate country or a European Economic Area country.
   5.   Members are appointed by the Director-General of DG Home Affairs from among those who have responded to the call for applications (see Annex to the present Decision).
   6.   On the basis of the call for applications, applicants who were deemed suitable candidates for group membership but were not appointed should be placed on a reserve list, with their consent. The Commission will use this list for the appointment of replacements for members, if needed.
   7.   Members are appointed in a personal capacity for a period of 4 years. They shall remain in office until replaced or until their term of office ends. Their term of office may be renewed.
   8.   Members who are no longer capable of contributing effectively to the group’s deliberations, who resign or who do not comply with the conditions set out in this Article, or Article 339 of the Treaty, may be replaced for the remainder of their term of office.
   9.   Members shall act independently and in the public interest.
   10.   The names of the group’s members shall be published in the Register of Commission expert groups and other similar entities (6) and on the Internet site of DG Home Affairs.
   11.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 5
   Operation
   1.   The group shall be chaired by the EU Anti-Trafficking Coordinator.
   2.   In agreement with the Commission, the group may set up sub-groups to examine specific questions on the basis of terms of reference defined by the group. Such groups shall be dissolved as soon as their mandate is fulfilled.
   3.   The Chairperson may invite experts from outside the group with specific competence in a subject on the agenda to participate in the work of the group or a sub-group on an ad-hoc basis.
   4.   The Chairperson may invite official representatives of Member States, candidate countries, potential candidates or third countries and of international, inter-governmental and non-governmental organisations to participate in the meetings of the group as invited experts or observers.
   5.   At the latest 2 months after the beginning and 2 months after the halfway point of the term of office, the Commission and the group shall meet in order to exchange their views regarding the working priorities of the group.
   6.   The working priorities shall reflect the need for a coordinated, multi-disciplinary and coherent policy response to all aspects of trafficking in human beings.
   7.   Members of the group as well as invited experts and observers shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission’s rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decision 2001/844/EC, ECSC, EURATOM (7). Should they fail to respect these obligations, the Commission may take appropriate measures.
   8.   The meetings of the group and sub-groups shall be held on Commission premises. The Commission shall provide secretarial services.
   9.   The group shall submit its opinions and reports to the Commission. The Commission may fix a deadline by which an opinion or a report is to be delivered.
   10.   The deliberations of the group shall not be subject to any vote. When an opinion or a report is adopted unanimously by the group, the latter shall establish common conclusions and attach them to the minutes. When the group fails to reach unanimous agreement on an opinion or a report, it shall inform the Commission of the dissenting views expressed.
   11.   The Commission may publish, in the original language of the document concerned, any summary, conclusion or partial conclusion or working document prepared by the group.
   12.   The Commission shall publish relevant information on the activities carried out by the group either by including it in the Register or via a link from the Register to the Internet site of DG Home Affairs.
   Article 6
   Meeting expenses
   1.   Participants in the activities of the group shall not be remunerated for the services they render.
   2.   Travel and subsistence expenses incurred by participants in the activities of the group shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
   3.   Those expenses shall be reimbursed within the limits of available appropriations allocated under the annual procedure for the allocation of resources.
   Article 7
   Repeal
   Decision 2007/675/EC is repealed.
   Article 8
   Entry into Force and Applicability
   This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union and shall apply for 5 years.

      Done at Brussels, 10 August 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 101, 15.4.2011, p. 1.

      (2)  OJ L 79, 26.3.2003, p. 25.

      (3)  Commission Decision 2007/675/EC of 17 October 2007 setting up the Group of Experts on Trafficking in Human Beings (OJ L 277, 20.10.2007, p. 29).

      (4)  OJ L 8, 12.1.2001, p. 1.

      (5)  The following list may be adapted as required.

      (6)  Members who do not wish to have their names disclosed may apply for derogation from this rule. The request not to disclose the name of a member of an expert group shall be considered justified whenever publication could endanger his or her security or integrity or unduly prejudice his or her privacy.

      (7)  Commission Decision 2001/844/EC, ECSC, EURATOM of 29 November 2001 amending its internal Rules of Procedure (OJ L 317, 3.12.2001, p. 1).

      ANNEX

         Call for applications for the selection of experts appointed in their personal capacity for the Group of Experts on Trafficking in Human Beings

      By Decision 2011/502/EU (1), the Commission has set up the Group of Experts on Trafficking in Human Beings. The EU Anti-Trafficking Coordinator will chair the group and may consult the group on any matter relating to trafficking in human beings.
      The tasks of the group of experts are:

                  (a)

                  to advise the Commission on matters related to trafficking in human beings by issuing written contributions, as appropriate and agreed with the Commission, and ensuring a coherent approach to the subject;

                  (b)

                  to help the Commission to assess the evolution of policy in the field of trafficking in human beings at national, European and international levels;

                  (c)

                  to assist the Commission in identifying and defining possible relevant measures and actions at European and national level across the range of anti-trafficking policy;

                  (d)

                  to provide a forum for discussion on matters related to trafficking in human beings and bring about an exchange of experience.

            The Commission is therefore calling for applications with a view to selecting members of the group of experts.
      The group of experts shall consist of 15 members appointed in their personal capacity, in accordance with Article 4 of the above Decision.
      The Commission shall select members in a personal capacity for a 4-year renewable period. They shall give the Commission an independent opinion free from outside influence and shall respect the conditions of confidentiality mentioned in Article 5 of the Commission Decision establishing the group of experts. They shall undertake to act independently and in the public interest. The Commission will take the following criteria into account when assessing applications:

                  (a)

                  proven competence, high level of professional achievement and experience (at least 5 years), including at European and/or international level, in areas of activities in preventing and fighting trafficking in human beings and protecting victims and/or related areas;

                  (b)

                  sound understanding of the current EU acquis in the field of trafficking in human beings;

                  (c)

                  demonstrated ability to work in English;

                  (d)

                  the need to strike a balance within the group of experts in terms of representativeness of applicants, gender and geographical origin (2);

                  (e)

                  the need for a balance of expertise on different forms of trafficking including labour and sexual exploitation, on different aspects such as prevention, prosecution, victims’ assistance, as well as in other related areas such as, but not limited to law enforcement, labour, migration, healthcare, social services, children’s rights, education and on fundamental rights, social rights, gender equality, etc.;

                  (f)

                  the need to favour continuity of the work of the Experts Group established by Commission Decision 2007/675/EC (3);

                  (g)

                  Members of the group must be nationals of a Member State of the European Union or, if appropriate, of a candidate or potential candidate country or a European Economic Area country.

            The above will be assessed on the basis of the filled-in CV and application form.
      Applications may only be submitted by filling in the model application form (Appendix) and model CV (4). Applicants are asked to clearly state in their application the area of trafficking in human beings in which they possess particular expertise.
      The duly signed applications must be sent in by […] at the latest either by e-mail or by post to the following address:

                  European Commission

                  Directorate-General Home Affairs

                  Unit A2 Secretariat

                  LX 46 3/131

                  1049 BRUSSELS

                  Belgium

                  HOME-ANTITRAFFICKING@ec.europa.eu

            Where applications are sent by e-mail, the date of e-mail will be the date of sending. Where applications are sent by post, the postmark will be considered the date of sending.
      The Commission will reimburse travel and subsistence expenses in connection with the activities of the group of experts in accordance with the provisions in force at the Commission, within the limits of the available budgetary appropriations. Members will receive no remuneration for their duties.
      The list of members of the group of experts will be published in the Register of Commission expert groups and other similar entities (5) and on the Internet site of DG Home Affairs.
      Personal data will be collected, processed and published in accordance with the provisions of Regulation (EC) No 45/2001 of the European Parliament and of the Council (6).
      For any further information please contact Ms Joanna BECZAŁA, tel. +32 22969639, e-mail joanna.beczala@ec.europa.eu
      Information on the results of the call for applications will be published on the Internet site of DG Home Affairs and, if appropriate, in the Official Journal of the European Union.

         (1)  Commission Decision 2011/502/EU of 10 August 2011 on setting up the Group of Experts on Trafficking in Human Beings and repealing Decision 2007/675/EC (see page 14 of this Official Journal).

         (2)  Commission Decision 2000/407/EC of 19 June 2000 relating to gender balance within the committees and expert groups established by it (OJ L 154, 27.6.2000, p. 34).

         (3)  Commission Decision 2007/675/EC of 17 October 2007 setting up the Group of Experts on Trafficking in Human Beings (OJ L 277, 20.10.2007, p. 29).

         (4)  All curricula vitae should be submitted in the European format: www.cedefop.eu.int/transparency/cv.asp

         (5)  Members who do not wish to have their names disclosed may apply for derogation from this rule. The request not to disclose the name of a member of an expert group shall be considered justified whenever publication could endanger his or her security or integrity or unduly prejudice his or her privacy.

         (6)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1.).

         Appendix


title: 2006/455/EC,Euratom: Council and Commission Decision of  21 February 2005  on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Georgia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union

text:
               6.7.2006

               EN

               Official Journal of the European Union

               L 185/14

      COUNCIL AND COMMISSION DECISION

   of 21 February 2005
   on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Georgia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union
   (2006/455/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of Article 300(2) and the first subparagraph of Article 300(3), thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the 2003 Treaty of Accession, and in particular Article 2(3) thereof,
   Having regard to the 2003 Act of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the Council's approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Georgia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union was signed on behalf of the European Communities and their Member States on 30 April 2004.

               (2)

               Pending its entry into force, the Protocol has been applied on a provisional basis as from 1 May 2004.

               (3)

               The Protocol should be approved,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Georgia, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.
   The text of the Protocol is attached to this Decision (2).
   Article 2
   The President of the Council shall, on behalf of the Community and its Member States, give the notification provided for in Article 4 of the Protocol. The President of the Commission shall simultaneously give such notification on behalf of the European Atomic Energy Community.

      Done at Brussels, 21 February 2005.

            For the Council

            The President

         J. ASSELBORN

            For the Commission

            The President

         J. M. BARROSO

      (1)  Opinion delivered on 26 October 2004 (not yet published in the Official Journal).

      (2)  See page 10 of this Official Journal,


title: Council Decision of 22 December 2009 appointing a Portuguese member of the Committee of the Regions

text:
               31.12.2009

               EN

               Official Journal of the European Union

               L 353/69

      COUNCIL DECISION

   of 22 December 2009
   appointing a Portuguese member of the Committee of the Regions
   (2009/1026/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Portuguese Government,
   Whereas:

               (1)

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

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of the mandate of Mr José MACÁRIO CORREIA,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following is hereby reappointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:
   Mr José MACÁRIO CORREIA, Presidente da Câmara Municipal de Faro.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 22 December 2009.

            For the Council

            The President

         A. CARLGREN

      (1)  OJ L 56, 25.2.2006, p. 75.


title: 2014/521/EU: Council Decision of 30 July 2014 appointing two Croatian members and four Croatian alternate members of the Committee of the Regions

text:
               6.8.2014

               EN

               Official Journal of the European Union

               L 233/30

         COUNCIL DECISION
   of 30 July 2014
   appointing two Croatian members and four Croatian alternate members of the Committee of the Regions

      (2014/521/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the CroatianGovernment,
   Whereas:

               (1)

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

               (2)

               Following the accession of the Republic of Croatia to the European Union, the Committee of the Regions should be enlarged by the appointment of nine members and nine alternate members representing regional and local bodies in Croatia. On 1 July 2013, the Council adopted Decision 2013/342/EU (3) appointing eight Croatian members and nine Croatian alternate members until 25 January 2015. A member's seat on the Committee of the Regions has therefore remained vacant since the adoption of Decision 2013/342/EU.

               (3)

               A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Ivan JAKOVČIĆ.

               (4)

               Four alternate members' seats have become vacant following the end of the terms of office of Mr Miroslav ČAČIJA, Ms Blanka GLAVICA-JEČMENICA, Mr Andrija RUDIĆ and Ms Ivana POSAVEC KRIVEC.

         HAS ADOPTED THIS DECISION:
   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 2015:

               a)

               as members:

                           —

                           Mr Valter FLEGO, Prefect of Istra County

                           —

                           Mr Željko TURK, Mayor of the City of Zaprešić.

                     and

               b)

               as alternate members:

                           —

                           Mr Ivan VUČIĆ, Prefect of Karlovac County

                           —

                           Mr Alojz TOMAŠEVIĆ, Prefect of Požega-Slavonia County

                           —

                           Ms Jasna PETEK, Deputy Prefect of Krapina-Zagorje County

                           —

                           Mr Damir DEKANIĆ, Mayor of Municipality of Andrijaševci.

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

      Done at Brussels, 30 July 2014.

            For the Council

            The President

         S. GOZI

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

      (2)  OJ L 12, 19.1.2010, p. 11.

      (3)  OJ L 183, 2.7.2013, p. 8.


title: 2014/610/EU: Decision of the European Parliament of 3 April 2014 on the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/285

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2012
   (2014/610/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2012, together with the Foundation’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

               —

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

               —

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

               —

               having regard to Regulation (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 (EEC) No 1365/75 of the Council of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (4), and in particular Article 16 thereof,

               —

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

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0183/2014),

               1.

               Approves the closure of the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial year 2012;

               2.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 221.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 139, 30.5.1975, p. 1.

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

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


title: Council Decision (EU) 2016/206 of 12 February 2016 appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions

text:
               16.2.2016

               EN

               Official Journal of the European Union

               L 39/44

         COUNCIL DECISION (EU) 2016/206
   of 12 February 2016
   appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Austrian Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Johannes PEINSTEINER,

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

               —

               Dr Carmen KIEFER, Vizebürgermeisterin der Marktgemeinde Kuchl.

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

      Done at Brussels, 12 February 2016.

            For the Council

            The President

         J.R.V.A. DIJSSELBLOEM

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

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

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


title: Council Decision (EU) 2016/1203 of 18 July 2016 appointing a member and an alternate member, proposed by the Kingdom of Spain of the Committee of the Regions

text:
                  23.7.2016

                  EN

                  Official Journal of the European Union

                  L 198/44

            COUNCIL DECISION (EU) 2016/1203
      of 18 July 2016
      appointing a member and an alternate member, proposed by the Kingdom of Spain of the Committee of the Regions
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
      Having regard to the proposal of the Spanish Government,
      Whereas:

                  (1)

                  On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

                  (2)

                  A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Francesc HOMS i MOLIST.

                  (3)

                  An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Roger ALBINYANA i SAIGÍ,

            HAS ADOPTED THIS DECISION:
      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 2020:

                  (a)

                  as a member:

                              —

                              Mr Jordi SOLÉ i FERRANDO, Secretario de Asuntos Exteriores y de la Unión Europea, Comunidad Autónoma de Cataluña,

                        and

                  (b)

                  as an alternate member:

                              —

                              Mr Amadeu ALTAFAJ i TARDIO, Representante Permanente ante la Unión Europea
                                  (*)
                                 , Comunidad Autónoma de Cataluña.

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

         Done at Brussels, 18 July 2016.

               For the Council

               The President

            G. MATEČNÁ

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

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

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

         (*)  The denomination of ‘Permanent Representative of the Autonomous Community of Catalonia to the European Union’ has been challenged by the Government of Spain before the High Court of Justice of Catalonia.


title: 2011/789/EU: Decision of the European Central Bank of 16 November 2011 establishing detailed rules and procedures for implementing the eligibility criteria for central securities depositories to access TARGET2-Securities services (ECB/2011/20)

text:
               2.12.2011

               EN

               Official Journal of the European Union

               L 319/117

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 16 November 2011
   establishing detailed rules and procedures for implementing the eligibility criteria for central securities depositories to access TARGET2-Securities services
   (ECB/2011/20)
   (2011/789/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Articles 3.1 and 12.1 and Articles 17, 18 and 22 thereof,
   Having regard to Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (1), and in particular Article 10 thereof,
   Having regard to Guideline ECB/2010/2 of 21 April 2010 on TARGET2-Securities (2), and in particular Article 4(2)(d) and Article 15 thereof,
   Having regard to Decision ECB/2009/6 of 19 March 2009 on the establishment of the TARGET2-Securities Programme Board (3),
   Whereas:

               (1)

               Article 15 of Guideline ECB/2010/2 lays down the eligibility criteria for a Central Security Depository (CSD) to access TARGET2-Securities (T2S) services.

               (2)

               It is necessary to establish the application procedure for a CSD to access T2S services and the procedure for a CSD to request derogation from CSD access criterion 5,

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   For the purposes of this Decision:

               (1)

               ‘assessment report’ means written documentation containing: (a) a report drawn up by the relevant competent authorities assessing a CSD’s compliance with CSD access criterion 2; and (b) a CSD self-assessment of its compliance with CSD access criteria 1, 3, 4 and 5;

               (2)

               ‘central bank (CB)’ means the European Central Bank, the national central banks (NCBs) of the Member States whose currency is the euro, the NCBs of the Member States whose currency is not the euro (hereinafter ‘non-euro area NCBs’), any European Economic Area (EEA) central bank or relevant competent authority (hereinafter ‘EEA central bank’) and any central bank or relevant competent authority of a country outside the EEA (hereinafter ‘other central bank’), where the currency of such a non-euro area NCB, EEA or other central bank is considered eligible in accordance with Article 18 of Guideline ECB/2010/2;

               (3)

               ‘CSD access criterion 1’ means the criterion laid down in Article 15(1)(a) of Guideline ECB/2010/2, i.e. that CSDs are eligible for access to T2S services provided that they have been notified to the European Securities and Markets Authority pursuant to Article 10 of Directive 98/26/EC or, in the case of a CSD from a non-EEA country, they operate under a legal and regulatory framework that is equivalent to that in force in the Union;

               (4)

               ‘CSD access criterion 2’ means the criterion laid down in Article 15(1)(b) of Guideline ECB/2010/2, i.e. that CSDs are eligible for access to T2S services provided that they have been positively assessed by the competent authorities against the European System of Central Banks/Committee of European Securities Regulators Recommendations for Securities Settlement Systems (hereinafter the ‘ESCB/CESR recommendations’) (4);

               (5)

               ‘CSD access criterion 3’ means the criterion laid down in Article 15(1)(c) of Guideline ECB/2010/2, i.e. that CSDs are eligible for access to T2S services provided that they make each security/International Securities Identification Number for which they are an issuer CSD, or technical issuer CSD, available to other CSDs in T2S upon request;

               (6)

               ‘CSD access criterion 4’ means the criterion laid down in Article 15(1)(d) of Guideline ECB/2010/2, i.e. that CSDs are eligible for access to T2S services provided that they commit to offer to other CSDs in T2S basic custody service on a non-discriminatory basis;

               (7)

               ‘CSD access criterion 5’ means the criterion laid down in Article 15(1)(e) of Guideline ECB/2010/2, i.e. that CSDs are eligible for access to T2S services provided that they commit towards other CSDs in T2S to carry out their central bank money settlement in T2S if the currency is available in T2S;

               (8)

               ‘relevant competent authorities’ means the CBs and the regulators with oversight and/or supervisory competence over a specific CSD and responsible for assessing CSDs against applicable recognised standards;

               (9)

               ‘directly connected party’ means a T2S Party with a technical facility allowing it to access T2S and use its securities settlement services without the need for a CSD to act as a technical interface;

               (10)

               ‘T2S Party’ means a legal entity or, in some markets, an individual, that has a contractual relationship with a CSD in T2S for the processing of its settlement-related activities in T2S, and does not necessarily hold a securities account with the CSD;

               (11)

               ‘T2S Programme Board’ means the Eurosystem management body established pursuant to Decision ECB/2009/6, as defined in Article 2 of Guideline ECB/2010/2, or its successor;

               (12)

               ‘T2S Advisory Group (AG)’ means the forum defined in Article 7 of Guideline ECB/2010/2;

               (13)

               ‘Currency Participation Agreement (CPA)’ means an agreement to be entered into by the Eurosystem and a non-euro area NCB, or an authority responsible for a currency other than the euro, for the purpose of settling securities transaction in central bank money in currencies other than the euro.

         Article 2
   Subject matter and scope
   1.   The five criteria determining the eligibility of CSDs to access T2S services laid down in Article 15 of Guideline ECB/2010/2 (hereinafter the ‘five CSD access criteria’) shall be implemented in accordance with the procedures laid down in Articles 3 to 5 of this Decision and the rules in the Annex.
   2.   This Decision shall not apply to directly connected parties having a legal relationship with the CSDs.
   Article 3
   Application procedure
   1.   To apply for T2S services, a CSD shall submit: (a) an application to the Governing Council; and (b) at the time of its migration to T2S, an assessment report.
   2.   The assessment report shall provide evidence that the CSD complies with the five CSD access criteria at the time of its migration to T2S, and state the degree of implementation of each CSD access criterion according to the following categories: compliant, partly compliant and not applicable, and shall set out the CSD’s reasons, explanations and relevant evidence.
   3.   The T2S Programme Board shall submit a proposal to the Governing Council, based on the abovementioned documentation, on a CSD’s application to access T2S services. To prepare its proposal, the T2S Programme Board may request clarifications from or submit questions to the applying CSD.
   4.   Following submission of the proposal by the T2S Programme Board, the Governing Council shall make a decision on a CSD’s application and communicate it in writing to that CSD no later than 2 months following: (a) the date of receipt of the application; or (b) the date of receipt of the reply to any request for clarifications or submission of questions by the T2S Programme Board under paragraph 3. Where the Governing Council rejects an application, it shall give reasons for doing so.
   Article 4
   Procedure for obtaining a derogation from CSD access criterion 5
   1.   A CSD may submit a request for a derogation from CSD access criterion 5 based on its specific operational or technical situation.
   2.   For a derogation request to be assessed, the CSD shall submit a request to the T2S Programme Board and provide evidence of the following:

               (a)

               the derogation is for a very limited amount of settlement volume as a proportion of the total average daily delivery-versus-payment instructions received over a month at the CSD, and the cost of settling these operations in T2S would be excessive for the CSD;

               (b)

               the CSD has set technical and operational safeguards ensuring that the derogation will remain within the threshold set out in point (a);

               (c)

               the CSD has made every effort to meet CSD access criterion 5.

         3.   Following receipt of such request for a derogation:

               (a)

               the T2S Programme Board shall submit the CSD’s request and its pre-assessment to the T2S Advisory Group;

               (b)

               the T2S Advisory Group shall provide the T2S Programme Board with advice on the request without delay and in due time for it to be considered;

               (c)

               following receipt of advice from the T2S Advisory Group, the T2S Programme Board shall prepare a final assessment and submit it, together with the entire set of documents, to the Governing Council;

               (d)

               the Governing Council shall issue a reasoned decision on the request for a derogation;

               (e)

               the T2S Programme Board shall inform the CSD and the T2S Advisory Group in writing of the Governing Council’s reasoned decision.

         4.   A CSD designated by a CB that has signed a CPA and has opted for settlement of its monetary policy transactions in central bank money outside T2S, shall submit a request for a derogation in order to be able to settle such monetary policy transactions in central bank money outside T2S. In such case, a derogation shall be granted provided that: (a) the Eurosystem has received all relevant information on the technical functioning of such settlement; and (b) such settlement does not require changes to or negatively affect T2S functionality. The designating CB should be invited to provide its opinion on such request for a derogation.
   5.   A CSD with a derogation shall provide a monthly report to the T2S Programme Board proving that it continues to comply with the derogation, including the agreed threshold set out in paragraph 2(a). A CSD with a derogation pursuant to paragraph 4 shall provide a monthly report to the T2S Programme Board on the situation.
   6.   Where a CSD with a derogation consistently exceeds the agreed threshold set out in paragraph 2(a) within a 6-month period, the Governing Council shall withdraw the derogation due to non-compliance with CSD access criterion 5 and the T2S Programme Board shall notify the CSD accordingly.
   7.   Following the withdrawal of a derogation, a CSD may submit a new request for a derogation in accordance with the procedure laid down in this Article.
   8.   Where there is a crisis situation that could impact the financial stability of a country or the relevant CB’s task to safeguard the integrity of its currency and has led the CB of the country concerned to move to a contingency type settlement as part of its crisis management plan, a CSD designated by that CB shall submit a request to the T2S Programme Board for a temporary derogation from CSD access criterion 5, and may temporarily carry out settlement by other means. The Governing Council shall issue a reasoned decision on such request taking into account the relevant CB’s opinion on the situation warranting the temporary derogation from CSD access criterion 5. The relevant CB shall provide the T2S Programme Board with a report, at least on a monthly basis, on its evaluation of the situation.
   Article 5
   Ongoing compliance with the five CSD access criteria
   1.   A CSD with access to T2S services shall comply, after it has migrated to T2S, with the five CSD access criteria on an ongoing basis and shall:

               (a)

               ensure, in particular, through a reliable self-assessment conducted each year and supported by relevant documentation that it continues to comply with CSD access criteria 1, 3, 4 and 5. The self-assessment shall be accompanied by the most recent assessment by the relevant competent authorities of the CSD’s compliance with criterion 2;

               (b)

               promptly provide the T2S Programme Board with the most recent regular or ad hoc assessment by the relevant competent authorities of its compliance with CSD access criterion 2;

               (c)

               request a new assessment by the relevant competent authorities of its compliance with CSD access criterion 2 in the event of material changes to the CSD’s system;

               (d)

               notify the T2S Programme Board where a relevant competent authority assessment or a self-assessment has established non-compliance with any of the five CSD access criteria;

               (e)

               following a request from the T2S Programme Board, provide an assessment report demonstrating that the CSD still complies with the five CSD access criteria.

         2.   With the exception of CSD access criterion 2, the T2S Programme Board may carry out its own evaluation and monitor compliance with the five CSD access criteria or request information from a CSD. Where the T2S Programme Board decides that a CSD does not comply with one of the five CSD access criteria, it shall initiate the procedure laid down in the contracts with the CSDs pursuant to Article 16 of Guideline ECB/2010/2.
   Article 6
   Entry into force
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 16 November 2011.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 166, 11.6.1998, p. 45.

      (2)  OJ L 118, 12.5.2010, p. 65.

      (3)  OJ L 102, 22.4.2009, p. 12.

      (4)  Available on the European Securities and Markets Authority’s website at: www.esma.europa.eu

      ANNEX

         DETAILED IMPLEMENTATION RULES FOR THE FIVE CENTRAL SECURITIES DEPOSITARY ACCESS CRITERIA

      For the purposes of this Annex:

                  —

                  ‘basic custody services’ means the holding and administration of securities and other financial instruments owned by a third party by an entity entrusted with such tasks. Such services include the safekeeping of securities, the distribution of interest and dividends on the securities in safekeeping and the processing of corporate actions on such securities,

                  —

                  ‘investor CSD’ means, in the context of central securities depositary (CSD) links, a CSD that opens an account in another CSD (the issuer CSD) to enable the cross-CSD settlement of securities transactions,

                  —

                  ‘issuer CSD’ means the CSD in which the securities have been issued and distributed on behalf of the issuer. The issuer CSD is responsible for processing corporate actions in the name of the issuer. The issuer CSD maintains accounts in its books in the name of investor CSDs for the transfer of securities to the investor CSDs,

                  —

                  ‘technical issuer CSD’ means an investor CSD that holds securities with an issuer CSD not participating in T2S and is considered an issuer CSD for the functioning of T2S with respect to such securities,

                  —

                  ‘investment fund shares’ means portions of ownership of an investment fund’s net assets that investors receive in return for their investments of capital.

            I.   Implementation details for CSD access criterion 1

      In order to receive a positive assessment against this criterion:

                  (a)

                  for a CSD located in a European Economic Area (EEA) country, the CSD must be included on the list of designated systems maintained in accordance with Article 10 of Directive 98/26/EC; and

                  (b)

                  for a CSD located in a non-EEA country, a legal opinion, as updated from time to time when there are material changes that might have an impact on the legal opinion or when requested by the T2S Programme Board, from a firm approved by the T2S Programme Board must be submitted, confirming that the CSD operates under a legal and regulatory framework equivalent to the relevant one in force in the Union.

            II.   Implementation details for CSD access criterion 2

      Where a CSD does not fully comply with all ESCB/CESR recommendations, the respective CSD will inform the T2S Programme Board of the relevant details and provide explanations and evidence regarding those ECSB/CESR recommendations with which it does not comply. The CSD will also provide the T2S Programme Board with the conclusions by the relevant competent authorities in the assessment report. The assessment conclusions will be processed in accordance with the relevant application procedures for access to T2S services and ongoing compliance with the five CSD access criteria. Where a CSD with access to T2S services no longer complies with one of the five CSD access criteria, the T2S Programme Board will initiate the procedure provided for in the contracts with the CSDs.
      A CSD will fulfil this CSD access criterion where:

                  (a)

                  for a CSD located in an EEA country, the relevant competent authorities have given that CSD a positive assessment under the ESCB/CESR recommendations; and

                  (b)

                  for a CSD located in a non-EEA country, the relevant competent authorities have given that CSD a positive assessment under the ESCB/CESR recommendations or equivalent standards, such as the proprietary standards of a relevant competent authority or the CPSS/IOSCO Recommendations (1). In the latter case, the T2S Programme Board or the Governing Council respectively must be provided with evidence that the CSD has been assessed against standards of a similar level and nature.

            Where the relevant competent authorities’ assessment contains confidential information, the CSD must provide a general summary or the assessment conclusion to show its level of compliance.
      III.   Implementation details for CSD access criterion 3

      A CSD with access to T2S services is not required to hold all its accounts and balances in T2S for every security/ISIN it issues or for which it acts as technical issuer CSD. However, it must make a security/ISIN available at no additional cost, without delay, and with a contract that does not impose unreasonable conditions on requests by the users of the investor CSD in T2S. Some investment fund shares may not be automatically available to the investor CSD opening an account with the issuer CSD due to legal restrictions on cross-border distributions applicable to the investment fund share issuers.
      An issuer CSD is required to comply with the national regulatory framework, but may not pass on costs resulting from the application of this framework to other CSDs in T2S. This requirement ensures that the costs of complying with the national regulatory framework stay local and that there is reciprocity among CSDs in T2S. In addition, this requirement promotes a harmonised settlement processes in T2S to the extent possible.
      An issuer CSD is required to comply with the national regulatory framework, but it must support an investor CSD requesting access and it may not apply an additional settlement cost. Any delay caused by compliance with the national regulatory framework must apply equally to all parties.
      The investor CSD may request a security/ISIN that is not yet available in T2S from the respective issuer CSD or technical issuer CSD. Upon receiving such a request, the issuer CSD or technical issuer CSD enters all the security’s reference data in T2S and makes them accessible within the time-frame defined in the Manual of Operational Procedures to be provided by the Eurosystem to the CSDs and the CBs.
      Provided the investor CSD has signed the required contractual terms, the issuer CSD opens, without undue delay, at least one securities account for a specific security/ISIN for the investor CSD. Refusal by an issuer CSD to open a securities account and provide the investor CSD with access to the issuer CSD’s securities constitutes non-compliance with CSD access criterion 3.
      The investor CSD must report to the T2S Programme Board every case of non-compliance with CSD access criterion 3 by an issuer CSD. Depending on the nature and occurrence of non-compliance, the T2S Programme Board will determine if the issuer CSD shows a consistent failure to comply, in which case the procedure provided for in the contracts with the CSDs, pursuant to Article 16 of Guideline ECB/2010/2, will apply.
      IV.   Implementation details for CSD access criterion 4

      This CSD access criterion conforms to the Access and Interoperability Guideline (2) which states that investor CSDs shall have access to issuer CSD services based on the same terms and conditions as provided to any other standard participant of the issuer CSD.
      In order for an investor CSD to provide settlement services for securities issued by an issuer CSD, the investor CSD must also provide its participants with basic custody services in relation to those securities. T2S offers core cash and securities settlement in central bank money, where the basic custody services are provided outside T2S.
      The issuer CSD must comply with the T2S Corporate Actions Subgroup Standards (3) and all relevant T2S standards or market practices.
      The investor CSD must be treated as any other issuer CSD client. An issuer CSD may not impose technical barriers or offer preferential conditions to investor CSDs to access basic custody services.
      V.   Implementation details for CSD access criterion 5

      A level playing field must be maintained between direct and indirect holding markets in implementing CSD access criterion 5. A CSD from a direct holding market may in principle migrate to T2S either by integrating all its securities accounts into T2S or by using the layered model with technical participant accounts in T2S and the end-investor accounts remaining on the local CSD platform. CSD access criterion 5 is fully met where a direct holding market chooses to fully integrate and maintain all its securities accounts in T2S. However, where a direct holding market chooses to migrate to T2S with the layered model, the T2S Programme Board’s evaluation of the associated processes inside and outside T2S, taking into account the essence of CSD access criterion 5, must indicate whether the market needs to request a derogation from CSD access criterion 5.

         (1)  Committee on Payment and Settlement Systems (CPSS)/Technical Committee of the International Organization of Securities Commissions (IOSCO) Recommendations for securities settlement systems, available on the Bank for International Settlements website at: www.bis.org

         (2)  The Access and Interoperability Guideline of 28 June 2007, defining the principles and conditions for access and interoperability in line with the Code of Conduct, available on the European Commission’s website at: http://ec.europa.eu

         (3)  Available on the European Central Bank’s website at: www.ecb.europa.eu


Avis juridique important

|

31991D0246

91/246/EEC: Council Decision of 29 April 1991 concerning the conclusion of a Protocol extending the first stage of the Agreement establishing an association between the European Economic Community and Malta

Official Journal L 116 , 09/05/1991 P. 0066 - 0066

COUNCIL DECISION  of 29 April 1991  concerning the conclusion of a Protocol extending the first stage of the Agreement establishing an association between the European Economic Community and Malta  (91/246/EEC) THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 238 thereof,  Having regard to the recommendation from the Commission,  Having regard to the assent of the European Parliament (1),  Whereas the Protocol extending the first stage of the Agreement establishing an association between the European Economic Community and Malta (2), signed at Valletta on 5 December 1970, should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Protocol extending the first stage of the Agreement establishing an association between the European Economic Community and Malta is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision.  Article 2  The President of the Council shall give, on behalf of the Community, the notification provided for in Article 2 of the Protocol (3). Done at Luxembourg, 29 April 1991. For the Council  The President  R. GOEBBELS  (1) Assent delivered on 17 April 1991 (not yet published in the Official Journal). (2) OJ No L 61, 14. 3. 1971, p. 2. (3) See page 68 of this Official Journal.


title: 2008/847/EC: Council Decision of 4 November 2008 on the eligibility of central Asian countries under Decision 2006/1016/EC granting a Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community

text:
               12.11.2008

               EN

               Official Journal of the European Union

               L 301/13

      COUNCIL DECISION

   of 4 November 2008
   on the eligibility of central Asian countries under Decision 2006/1016/EC granting a Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community
   (2008/847/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 181a thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

               In accordance with Article 2 of Decision 2006/1016/EC (1), for countries listed in Annex I and marked with an asterisk (*) and for others not listed in Annex I, eligibility for European Investment Bank (EIB) financing under Community guarantee is decided by the Council on a case by case basis in accordance with the procedure provided for in Article 181a(2) of the Treaty.

               (2)

               Annex I to Decision 2006/1016/EC includes five central Asian countries, namely Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan, among the countries marked with an (*).

               (3)

               In the EU Strategy for a new partnership with central Asia, adopted by the European Council in its meeting of 21 and 22 June 2007, it is highlighted that the EIB should play an important role in financing projects of interest to the EU in central Asia.

               (4)

               Since the macroeconomic conditions prevailing in the central Asian countries, and in particular the situation regarding external finances and debt sustainability, have improved in recent years as a result of strong economic growth and prudent macroeconomic policies, those countries should be allowed access to financing from the EIB,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan shall be eligible for EIB financing under Community guarantee in accordance with Decision 2006/1016/EC.
   Article 2
   This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.

      Done at Brussels, 4 November 2008.

            For the Council

            The President

         C. LAGARDE

      (1)  OJ L 414, 30.12.2006, p. 95.


title: 2006/12/EC: Decision of the European Parliament and of the Council of  17 November 2005  on the mobilisation of the European Union Solidarity Fund according to point 3 of the Interinstitutional Agreement of  7 November 2002  between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund supplementing the Interinstitutional Agreement of  6 May 1999  on budgetary discipline and improvement of the budgetary procedure

text:
               13.1.2006

               EN

               Official Journal of the European Union

               L 8/44

      DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 17 November 2005
   on the mobilisation of the European Union Solidarity Fund according to point 3 of the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure
   (2006/12/EC)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Interinstitutional Agreement of 7 November 2002 between the European Parliament, the Council and the Commission on the financing of the European Union Solidarity Fund supplementing the Interinstitutional Agreement of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure (1), and in particular point 3 thereof,
   Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The European Union has created a Solidarity Fund (the Fund) to show solidarity with the population of regions struck by disasters.

               (2)

               Sweden, Estonia, Latvia and Lithuania submitted their applications to mobilise the Fund within the 10-week deadline set by Article 4 of Regulation (EC) No 2012/2002, following a disaster caused by a storm.

               (3)

               The Interinstitutional Agreement of 7 November 2002 allows mobilisation of the Fund within an annual ceiling of EUR 1 billion.

               (4)

               The storm disaster in Sweden, Estonia, Latvia and Lithuania on 8 January 2005 fulfils the criteria for mobilising the Fund,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Fund shall be mobilised to provide the sum of EUR 92 880 830 in commitment appropriations from the general budget of the European Union for the financial year 2005.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 17 November 2005.

            For the European Parliament

            The President

         J. BORRELL FONTELLES

            For the Council

            The President

         C. CLARKE

      (1)  OJ C 283, 20.11.2002, p. 1.

      (2)  OJ L 311, 14.11.2002, p. 3.


title: 2004/509/EC:Commission Decision of 4 June 2004 adjusting the weightings applicable from 1 August, 1 September, 1 October, 1 November and 1 December 2003 to the remuneration of officials of the European Communities serving in third countries

text:
               10.6.2004

               EN

               Official Journal of the European Union

               L 207/13

      COMMISSION DECISION

   of 4 June 2004
   adjusting the weightings applicable from 1 August, 1 September, 1 October, 1 November and 1 December 2003 to the remuneration of officials of the European Communities serving in third countries
   (2004/509/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EC, ECSC, Euratom) No 2182/2003 (2), and in particular the second paragraph of Article 13 of Annex X thereto,
   Whereas:

               (1)

               Pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (EC, ECSC, Euratom) No 64/2004 (3) laid down the weightings to be applied from 1 July 2003 to the remuneration of officials serving in third countries, payable in the currency of their country of employment.

               (2)

               The Commission has made a number of adjustments to these weightings (4) in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations.

               (3)

               Some of these weightings should be adjusted with effect from 1 August, 1 September, 1 October, 1 November and 1 December 2003 given that the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   With effect from 1 August, 1 September, 1 October, 1 November and 1 December 2003 the weightings applicable to the remuneration of officials serving in third countries payable in the currency of their country of employment are adjusted as shown in the Annex.
   The exchange rates for the calculation of such remuneration shall be those used for implementation of the general budget of the European Communities for the month preceding the dates referred to in the first paragraph.

      Done at Brussels, 4 June 2004.

            For the Commission

         Erkki LIIKANEN

            Member of the Commission

      (1)  OJ L 56, 4.3.1968, p. 1.

      (2)  OJ L 327, 16.12.2003, p. 3.

      (3)  OJ L 10, 16.1.2004, p. 1.

      (4)  OJ L 308, 25.11.2003, p. 25.

      ANNEX

                  PLACE OF EMPLOYMENT

                  Weightings August 2003

                  Nil

                  PLACE OF EMPLOYMENT

                  Weightings September 2003

                  Dominican Republic

                  43,5

                  PLACE OF EMPLOYMENT

                  Weightings October 2003

                  The Gambia

                  35,0

                  PLACE OF EMPLOYMENT

                  Weightings November 2003

                  Dominican Republic

                  51,0

                  Eritrea

                  43,4

                  Venezuela

                  73,8

                  PLACE OF EMPLOYMENT

                  Weightings December 2003

                  Angola

                  116,6

                  Jamaica

                  83,0

                  Mozambique

                  73,5

                  Rumania

                  50,0


Avis juridique important

|

31989D0546

89/546/EEC: Council Decision of 21 June 1989 on the conclusion of a Supplementary Protocol to the Agreement between the European Economic Community and the Kingdom of Norway concerning the elimination of existing and prevention of new quantitative restrictions affecting exports or measures having equivalent effect

Official Journal L 295 , 13/10/1989 P. 0014 - 0014

COUNCIL DECISION of 21 June 1989 on the conclusion of a Supplementary Protocol to the Agreement between the European Economic Community and the Kingdom of Norway concerning the elimination of existing and prevention of new quantitative  restrictions affecting exports or measures having equivalent effect (89/546/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the Agreement between the European Economic Community and the Kingdom of Norway (1), signed in Brussels on 14 May 1973, does not provide for the prohibition of quantitative restrictions affecting exports and measures having equivalent effect;  Whereas it is in the interest of the European Economic Community and the Kingdom of Norway to promote the free circulation of raw materials and goods by abolishing any such restrictions and measures and by preventing the creation of new restrictions or  measures affecting their mutual trade;  Whereas it is necessary both to make arrangements for a phased abolition of current restrictions affecting certain products or measures having equivalent effect and to provide for safeguard measures in the event either of re-export towards third  countries against which the exporting Contracting Party maintains restrictions or measures having equivalent effect or in the event of serious shortage of a particular product;  Whereas under Article 32 (1) of the Agreement, the Contracting Parties may, in the interest of their economies, develop the relations established by the Agreement by extending it to fields not covered thereby;  Whereas the Commission has held negotiations with the Kingdom of Norway, which have resulted in a Protocol,  HAS DECIDED AS FOLLOWS:    Article 1 The Supplementary Protocol to the Agreement between the European Economic Community and the Kingdom of Norway concerning the elimination of existing and prevention of new quantitative restrictions affecting exports or measures having equivalent effect is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision.  Article 2 The President of the Council shall give the notification provided for in Article 4 of the Supplementary Protocol.  Article 3 This Decision shall take effect on the day following its publication in the Official Journal of the European Communities.   Done at Luxembourg, 21 June 1989.  For the Council The President C. ARANZADI   (1) OJ No L 171, 27. 6. 1973, p. 2.


title: 2005/48/EC: Council Decision of 22 December 2004 granting a Community guarantee to the European Investment Bank against losses under loans for certain types of projects in Russia, Ukraine, Moldova and Belarus

text:
               25.1.2005

               EN

               Official Journal of the European Union

               L 21/11

      COUNCIL DECISION

   of 22 December 2004
   granting a Community guarantee to the European Investment Bank against losses under loans for certain types of projects in Russia, Ukraine, Moldova and Belarus
   (2005/48/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 181A thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               In support of the European Union’s European Neighbourhood Policy, the Council wishes to make it possible for the European Investment Bank (EIB) to grant loans for certain types of projects in Russia and in the Western New Independent States (‘WNIS’), namely Belarus, Moldova and Ukraine.

               (2)

               In support of the Northern Dimension initiative launched by the Helsinki Council of December 1999, Council Decision 2001/777/EC of 6 November 2001 granting a Community guarantee to the European Investment Bank against losses under a special lending action for selected environmental projects in the Baltic Sea basin of Russia under the Northern Dimension (2), was adopted.

               (3)

               The EIB lending under Decision 2001/777/EC is now approaching its ceiling.

               (4)

               In its conclusions, the Ecofin Council of 25 November 2003 agreed to an additional allocation for lending to Russia and the WNIS by the EIB, as a further development of Decision 2001/777/EC for projects in areas in which the EIB has a comparative advantage and where there is unmet credit demand. The areas in which the EIB is considered to have a ‘comparative advantage’ are: environment as well as transport, telecommunications and energy infrastructure on priority Trans-European network (‘TEN’) axes having cross-border implications for a Member State.

               (5)

               The lending mandate should be subject, on the one hand, to appropriate conditionality consistent with EU high-level agreements on political and macro-economic aspects, and with other international financial institutions on sectoral and project aspects, and on the other, to appropriate work-sharing between the EIB and the European Bank for Reconstruction and Development (EBRD).

               (6)

               EIB financing should be managed in accordance with the EIB’s usual criteria and procedures, including appropriate control measures, as well as with the relevant rules and procedures concerning the Court of Auditors and OLAF, in such a way as to support Community policies. There should be regular consultation between the EIB and the Commission to ensure coordination of priorities and activities in the countries in question and to measure progress towards the fulfilment of the Community’s relevant policy objectives.

               (7)

               This decision will be taken into account in the framework of the full assessment in December 2006 of EIB’s general lending mandate for projects outside the European Union,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Objective
   The Community shall grant the European Investment Bank (hereinafter referred to as ‘the EIB’) a guarantee in respect of all payments not received by it but due in respect of credits opened, in accordance with its usual criteria and in support of the Community’s relevant external policy objectives, for investment projects carried out in Russia and in the Western New Independent States, namely Belarus, Moldova and Ukraine.
   Article 2
   Eligible projects
   Eligible projects of significant interest to the European Union shall be in the following sectors:

               —

               environment;

               —

               transport, telecommunications and energy infrastructure on priority Trans-European network (TEN) axes having cross-border implications for a Member State.

         Article 3
   Ceiling and conditions
   1.   The overall ceiling of the credits opened shall be EUR 500 million.
   2.   The EIB shall benefit from an exceptional Community guarantee of 100 %, which shall cover the total amount of the credits opened under this Decision and all related sums.
   3.   Projects financed by loans to be covered by the guarantee shall satisfy the following criteria:

               (a)

               eligibility in accordance with Article 2;

               (b)

               cooperation, and where appropriate co-financing, by the EIB with other international financial institutions in order to ensure reasonable risk-sharing and appropriate project conditionality.

         The EIB shall share the work appropriately with the EBRD, according to mutually agreed modalities, and shall report accordingly in accordance with Article 5. In particular, the EIB shall take advantage of the experience of the EBRD in Russia and the WNIS.
   Article 4
   Eligibility of individual countries
   Individual countries shall become eligible under the ceiling as and when they fulfil appropriate conditionality consistent with European Union high level agreements with the country in question on political and macro-economic aspects. The Commission shall determine when an individual country has fulfilled the appropriate conditionality and shall notify the EIB thereof.
   Article 5
   Reporting
   The Commission shall inform the European Parliament and the Council each year of the loan operations carried out under this Decision and shall, at the same time, submit an assessment of the implementation of this Decision and of coordination between the international financial institutions involved in the projects.
   That information shall include an assessment of the contribution of the lending under this Decision to the fulfilment of the Community’s relevant external policy objectives.
   For the purposes of the first and second paragraphs, the EIB shall transmit to the Commission the appropriate information.
   Article 6
   Duration
   The guarantee shall cover loans signed until 31 January 2007.
   If, on expiry of this period, the loans granted by the EIB have not attained the overall ceiling referred to in Article 3(1), the period shall be automatically extended by six months.
   Article 7
   Final provisions
   1.   This Decision shall take effect on the date of its adoption.
   2.   The EIB and the Commission shall establish the terms on which the guarantee is to be given.

      Done at Brussels, 22 December 2004.

            For the Council

            The President

         C. VEERMAN

      (1)  Opinion delivered on 14 December 2004 (not yet published in the Official Journal).

      (2)  OJ L 292, 9.11.2001, p. 41.


title: 2011/315/EU: Council Decision of 23 May 2011 concerning the allocation of funds decommitted from projects under the ninth and previous European Development Funds for development cooperation in Southern Sudan

text:
               28.5.2011

               EN

               Official Journal of the European Union

               L 142/61

         COUNCIL DECISION
   of 23 May 2011
   concerning the allocation of funds decommitted from projects under the ninth and previous European Development Funds for development cooperation in Southern Sudan
   (2011/315/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 proposal from the European Commission,
   Having regard to the Internal Agreement between Representatives of the Governments of the Member States, meeting within the Council, on the Financing of Community Aid under the Multiannual Financial Framework for the period 2008 to 2013 in accordance with the ACP-EC Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (1), and in particular Article 1(4) and Article 6 thereof,
   Whereas:

               (1)

               Southern Sudan is expected to formally declare its independence from the North on 9 July 2011, as a result of a self-determination referendum held in application of the 2005 Comprehensive Peace Agreement.

               (2)

               In the post-independence phase, the newly created State of South Sudan (‘South Sudan’) will have to cope with numerous humanitarian and socioeconomic challenges in a context of reduced governance capacity and political fragility. In these circumstances, external aid is likely to become all the more important to assist South Sudan in fighting extreme poverty, empowering local communities and delivering early peace dividends to the population.

               (3)

               South Sudan is expected to request accession, soon after its independence, 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 (2), as last amended in Ouagadougou on 23 June 2010 (3). However, it will take time before the tenth European Development Fund (‘EDF’) funding becomes effectively available following accession, thus entailing the risk of a financing gap during that period.

               (4)

               In its Decision 2010/406/EU of 12 July 2010 concerning the allocation of the funds decommitted from projects under the ninth and previous European Development Funds (EDF) for the purpose of addressing the needs of the most vulnerable population in Sudan (4), the Council decided on a first allocation of EUR 150 million for the purpose of addressing the needs of the most vulnerable populations in Sudan. Of that amount, EUR 85 million has been earmarked already for Southern Sudan. Such an amount is however considered insufficient to cope with the immense needs of state- and capacity-building, as well as the development needs for the majority of the population.

               (5)

               In order to bridge the remaining financing gap, it is appropriate to allocate for the benefit of the population and public institutions in Southern Sudan more funds decommitted from the ninth and previous EDFs.

               (6)

               Those decommitted funds should be used to support the implementation of the Three Year Southern Sudan Development Plan (2011 to 2013), on the basis of financing decisions to be adopted by the Commission. Provision should also be made to cover the cost of support measures.

               (7)

               For the purpose of simplification, the funds should be managed in accordance with the implementation arrangements applicable for the tenth EDF,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   An amount of EUR 200 million of funds decommitted from projects under the ninth and previous European Development Funds (‘EDF’) shall be allocated for development cooperation in Southern Sudan and 3 % of that amount shall be allocated for support expenditure by the Commission.
   2.   The funds set out in paragraph 1 shall be managed in accordance with the implementation arrangements applicable for the tenth EDF.
   Article 2
   This Decision shall enter into force on the day following that of its adoption.

      Done at Brussels, 23 May 2011.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 247, 9.9.2006, p. 32.

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

      (3)  OJ L 287, 4.11.2010, p. 3.

      (4)  OJ L 189, 22.7.2010, p. 14.


/* 70/265/EEC: Council Decision of 14 May 1970 on the allocation of the sums reimbursed by the AASM in connection with special loans */