Avis juridique important

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31999D0032

Decision of the European Central Bank of 9 June 1998 laying down the measures necessary for the paying-up of the capital of the European Central Bank (ECB/1998/2)

Official Journal L 008 , 14/01/1999 P. 0033 - 0035

DECISION OF THE EUROPEAN CENTRAL BANK of 9 June 1998 laying down the measures necessary for the paying-up of the capital of the European Central Bank (ECB/1998/2) (1999/32/EC) 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 (hereinafter referred to as the 'Statute`) and in particular to Article 28 thereof,Having regard to Council Decision 98/345/EC of 26 May 1998 concerning the appointments to the Executive Board of the European Central Bank and specifying 1 June 1998 as the date for the establishment of the European System of Central Banks (hereinafter referred to as the 'ESCB`) and the European Central Bank (hereinafter referred to as the 'ECB`) (1),Having regard to the Decision 1999/31/EC of the European Central Bank dated 9 June 1998 on the method to be applied for determining the national central banks' percentage shares in the key for the capital of the European Central Bank (ECB/1998/1) (2),Having regard to Decision 10/98 of the Council of the European Monetary Institute (hereinafter referred to as the 'EMI`) and in particular to Article 2.5 thereof,Whereas the ECB was established on 1 June 1998;Whereas, in accordance with Article 28.1 of the Statute, the capital of the ECB shall amount to ECU 5 000 million and shall become operational as of 1 June 1998;Whereas, in accordance with Article 2.1 of EU Council Regulation (EC) No 1103/97 of 17 June 1997, the euro shall be substituted for the ECU on a 1:1 basis as from 1 January 1999;Whereas, in accordance with Article 28.2 of the Statute, the national central banks (hereinafter referred to as the 'NCBs`) of the Member States of the European Union shall be the sole subscribers to and holders of the capital of the ECB;Whereas, in accordance with Article 28.3 of the Statute, the Governing Council of the ECB, acting by the qualified majority provided for in Article 10.3 of the Statute, shall determine the extent to which and the form in which the capital shall be paid up;Whereas, in accordance with Article 48, by way of derogation from Article 28.3 of the Statute, NCBs of Member States with a derogation shall not pay up their subscribed capital unless the General Council of the ECB, acting by a majority representing at least two-thirds of the subscribed capital of the ECB and at least half of the shareholders, decides that a minimal percentage has to be paid up as a contribution to the operational costs of the ECB; whereas, in accordance with Protocol (No 11) on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland, the Bank of England shall pay up its subscription to the capital of the ECB as a contribution to its operational costs on the same basis as NCBs of Member States with a derogation;Whereas the capital of the ECB shall thus only be paid up by the NCBs of the Member States adopting the single currency,HAS ADOPTED THIS DECISION:Article 1 Extent to which the capital shall be paid up 1.1. The subscriptions of the NCBs of the Member States adopting the single currency, which shall be calculated according to the key established in accordance with Article 29 of the Statute, shall be paid up in full. The amounts are due as at 1 June 1998.1.2. The Annex to this Decision specifies the amounts corresponding to each of these NCBs.Article 2 Form in which the capital shall be paid up 2.1. Amounts due to the ECB from NCBs in respect of the required paying-up of their share of the subscribed ECB capital shall be settled to the extent that they may be offset against repayments of their respective contributions to the financial resources of the EMI, and will constitute payments of the subscribed capital of the ECB.2.2. In addition to the payments made under paragraph 2.1 above, the NCBs of the Member States adopting the single currency shall settle the payment of any remaining part of their subscribed capital by transfer in ECU to the account or accounts specified by the Executive Board, on 1 July 1998.2.3. The NCBs of the Member States adopting the single currency shall remunerate the amounts outstanding at the monthly interest rate on official net ECU positions, applied as simple interest to the period from 1 June to 1 July 1998. The interest payments due shall be settled in one single instalment in arrears on 1 July 1998.Done at Frankfurt am Main, 9 June 1998.The President of the ECBWillem F. DUISENBERG(1) OJ L 154, 28. 5. 1998, p. 33.(2) See page 31 of this Official Journal.ANNEX >TABLE>


title: Political and Security Committee Decision (CFSP) 2017/1176 of 26 June 2017 on the appointment of the EU Mission Force Commander of the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) (EUTM Mali/1/2017)

text:
               1.7.2017

               EN

               Official Journal of the European Union

               L 170/94

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2017/1176
   of 26 June 2017
   on the appointment of the EU Mission Force Commander of the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) (EUTM Mali/1/2017)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Decision 2013/34/CFSP of 17 January 2013 on a European Union military mission to contribute to the training of Malian Armed Forces (EUTM Mali) (1), and in particular Article 5 thereof,
   Whereas:

               (1)

               Pursuant to Article 5(1) of Decision 2013/34/CFSP, the Council authorised the Political and Security Committee (PSC), in accordance with Article 38 of the Treaty on European Union, to take the relevant decisions concerning the political control and strategic direction of EUTM Mali, including the decisions on the appointment of subsequent EU Mission Commanders.

               (2)

               On 7 December 2016, the PSC adopted Decision (CFSP) 2016/2352 (2) appointing Brigadier General Peter DEVOGELAERE as the EU Mission Commander of EUTM Mali.

               (3)

               Council Decision (EU) 2017/971 (3) amended the chain of command of EUTM Mali. Consequently, Decision (CFSP) 2016/2352 was repealed, and Brigadier General Peter DEVOGELAERE was appointed as the EU Mission Force Commander of EUTM Mali.

               (4)

               On 10 April 2017, Belgium proposed the appointment of Brigadier General Bart LAURENT to succeed Brigadier General Peter DEVOGELAERE as the EU Mission Force Commander of EUTM Mali.

               (5)

               On 29 May 2017, the EU Military Committee recommended that the PSC appoint Brigadier General Bart LAURENT to succeed Brigadier General Peter DEVOGELAERE as the EU Mission Force Commander of EUTM Mali as from 12 July 2017.

               (6)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision and is neither bound by it nor subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   Brigadier General Bart LAURENT is hereby appointed as the EU Mission Force Commander of the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) as from 12 July 2017.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 26 June 2017.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 14, 18.1.2013, p. 19.

      (2)  Political and Security Committee Decision (CFSP) 2016/2352 of 7 December 2016 on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) and repealing Decision (CFSP) 2016/939 (EUTM Mali/2/2016) (OJ L 348, 21.12.2016, p. 25).

      (3)  Council Decision (EU) 2017/971 of 8 June 2017 determining the planning and conduct arrangements for EU non-executive military CSDP missions and amending Decisions 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces, 2013/34/CFSP on a European Union military mission to contribute to the training of the Malian armed forces (EUTM Mali) and (CFSP) 2016/610 on a European Union CSDP military training mission in the Central African Republic (EUTM RCA) (OJ L 146, 9.6.2017, p. 133).


title: Council Decision (CFSP) 2016/564 of 11 April 2016 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic

text:
               12.4.2016

               EN

               Official Journal of the European Union

               L 96/38

         COUNCIL DECISION (CFSP) 2016/564
   of 11 April 2016
   amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 23 December 2013, the Council adopted Decision 2013/798/CFSP (1) following the adoption of United Nations Security Council Resolution 2127 (2013).

               (2)

               On 27 January 2016, the United Nations Security Council adopted Resolution 2262 (2016) that extends the arms embargo, travel ban and asset freeze against Central African Republic until 31 January 2017 and provides for certain amendments to the exemptions to the arms embargo as well as to the designation criteria.

               (3)

               Further action by the Union is needed in order to implement these measures.

               (4)

               Decision 2013/798/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2013/798/CFSP is amended as follows:

               (1)

               Article 2 is amended as follows:

                           (a)

                           paragraph 1(c) is replaced by the following:

                                       ‘(c)

                                       the sale, supply, transfer or export of small arms and other related equipment intended solely for use in international patrols providing security in the Sangha River Tri-national Protected Area to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of the CAR or the CAR's international legal obligations, as notified in advance to the Committee;’;

                           (b)

                           paragraph 1(d) is added as follows:

                                       ‘(d)

                                       the sale, supply, transfer or export of non-lethal equipment and provision of assistance, including operational and non-operational training to the CAR security forces, intended solely for support of or use in the CAR process of Security Sector Reform (SSR), in coordination with MINUSCA, and as notified in advance to the Committee.’;

                           (c)

                           paragraph 2(a) is replaced by the following:

                                       ‘(a)

                                       the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training;’;

               (2)

               in Article 2a, paragraph 1 is replaced by the following:
               ‘1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons designated by the Committee established pursuant to paragraph 57 of UNSCR 2127 (2013) (‘the Committee’) as:

                           (a)

                           persons engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or impede the political transition process, or the stabilisation and reconciliation process or that fuel violence;

                           (b)

                           acting in violation of the arms embargo established in paragraph 54 of UNSCR 2127 (2013) and Article 1 of this Decision, or having directly or indirectly sold, supplied or transferred to armed groups or criminal networks in the CAR, or having been the recipient of arms or any related materiel, or any technical advice, training, or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in the CAR;

                           (c)

                           involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, in the CAR, including acts involving sexual violence, targeting of civilians, ethnic- or religious-based attacks, attacks on schools and hospitals, and abduction and forced displacement;

                           (d)

                           recruiting or using children in armed conflict in the CAR, in violation of applicable international law;

                           (e)

                           providing support for armed groups or criminal networks through the illicit exploitation or trade of natural resources, including diamonds, gold, wildlife as well as wildlife products in or from the CAR;

                           (f)

                           obstructing the delivery of humanitarian assistance to the CAR, or access to, or distribution of, humanitarian assistance in the CAR;

                           (g)

                           involved in planning, directing, sponsoring, or conducting attacks against UN missions or international security presences, including Minusca, the Union missions and French operations which support them;

                           (h)

                           being leaders of an entity designated by the Committee, or have provided support to, or acted for or on behalf of or at the direction of a person or entity designated by the Committee, or an entity owned or controlled by a person or entity designated by the Committee,

                     as listed in the Annex to this Decision.’;

               (3)

               in Article 2b paragraph 1 is replaced by the following:
               ‘1.   All funds and economic resources owned or controlled directly or indirectly by the persons or entities designated by the Committee as:

                           (a)

                           engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or impede the political transition process, or the stabilisation and reconciliation process or that fuel violence;

                           (b)

                           acting in violation of the arms embargo established in paragraph 54 of UNSCR 2127 (2013) and Article 1 of this Decision, or having directly or indirectly sold, supplied or transferred to armed groups or criminal networks in the CAR, or having been the recipient of arms or any related materiel, or any technical advice, training, or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in the CAR;

                           (c)

                           involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, in the CAR, including acts involving sexual violence, targeting of civilians, ethnic- or religious-based attacks, attacks on schools and hospitals, and abduction and forced displacement;

                           (d)

                           recruiting or using children in armed conflict in the CAR, in violation of applicable international law;

                           (e)

                           providing support for armed groups or criminal networks through the illicit exploitation or trade of natural resources, including diamonds, gold, wildlife as well as wildlife products in or from the CAR;

                           (f)

                           obstructing the delivery of humanitarian assistance to the CAR, or access to, or distribution of, humanitarian assistance in the CAR;

                           (g)

                           involved in planning, directing, sponsoring, or conducting attacks against UN missions or international security presences, including Minusca, the Union missions and French operations which support them;

                           (h)

                           being leaders of an entity designated by the Committee, or have provided support to, or acted for or on behalf of or at the direction of, a person or entity designated by the Committee, or an entity owned or controlled by a person or entity designated by the Committee,

                     shall be frozen.
               The persons and entities referred to in this paragraph are listed in the Annex to this Decision.’.

         Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 11 April 2016.

            For the Council

            The President

         M.H.P. VAN DAM

      (1)  Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive measures against the Central African Republic (OJ L 352, 24.12.2013, p. 51).


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31999D0660

99/660/EC: Council Decision of 27 September 1999 on the conclusion of the Convention between the European Community and the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East, for the years 1999 to 2001

Official Journal L 261 , 07/10/1999 P. 0036 - 0036

COUNCIL DECISIONof 27 September 1999on the conclusion of the Convention between the European Community and the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East, for the years 1999 to 2001(1999/660/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 181 in conjunction with Article 300(3), first subparagraph thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Whereas:(1) the Convention concluded with the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East, approved on 22 October 1996(2), expired on 31 December 1998;(2) the Community assistance to UNRWA forms part of the campaign against poverty in the developing countries and thereby contributes to the sustainable economic and social development of the population concerned and the host countries in which that population lives;(3) a new Convention should be concluded with UNRWA so that the Community's aid can continue to be provided as part of a comprehensive programme offering a measure of continuity;(4) continued support of UNRWA operations would be likely to contribute to the attainment of the Community objectives described above,HAS DECIDED AS FOLLOWS:Article 1The Convention between the European Community and the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East, for the years 1999 to 2001, is hereby approved on behalf of the Community.The text of the Convention is attached to this Decision.Article 2The execution of the Community programme of food aid to UNRWA shall be governed by the procedure defined in Regulation (EC) No 1292/96(3).Article 3The President of the Council is hereby authorised to designate the persons empowered to sign the Convention in order to bind the Community(4).Article 4This Decision shall take effect on the day of its adoption.Done at Brussels, 27 September 1999.For the CouncilThe PresidentK. HEMILÄ(1) Opinion delivered on 16 September 1999 (not yet published in the Official Journal).(2) OJ L 282, 1.11.1996, p. 69.(3) OJ L 166, 5.7.1996, p. 1.(4) The date of entry into force of the Convention will be published in the Official Journal of the European Communities by the General Secretariat of the Council of the European Union.


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41987D0456

87/456/ECSC: Decision of the representatives of the Governments of the Member States, meeting within the Council of 11 August 1987 laying down the arrangements for trade between Spain and Portugal on the one hand and Algeria, Egypt, Jordan, Lebanon, Tunisia and Turkey on the other in products falling under the ECSC Treaty

Official Journal L 250 , 01/09/1987 P. 0112 - 0114

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL of 11 August 1987 laying down the arrangements for trade between Spain and Portugal on the one hand and Algeria, Egypt, Jordan, Lebanon, Tunisia and Turkey on the other in products falling under the ECSC Treaty (87/456/ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,  Whereas Agreements have been concluded between the Member States of the European Coal and Steel Community, of the one part, and Algeria, Egypt, Jordan, Lebanon and Tunisia of the other part;  Whereas Protocols to the abovementioned Agreements which are to be concluded consequent on the accession of Spain and Portugal to the Community are to be approved by the Contracting Parties in accordance with their own procedures;  Whereas, pending completion of those procedures enabling the Protocols to enter into force, the arrangements for trade between Spain and Portugal on the one hand and the countries in question on the other which are to replace the arrangements laid down by Decision 86/69/ECSC (1) should be laid down,  HAVE DECIDED AS FOLLOWS:     Article 1 The Kingdom of Spain and the Portuguese Republic shall apply the arrangements resulting from the Agreements to trade with Algeria, Egypt, Jordan, Lebanon and Tunisia, hereinafter referred to as the "Mediterranean non-member countries", subject to the specific provisions set out below.   Article 2 Imports into the Canary Islands and Ceuta and Melilla of products covered by the Agreements originating in any of the Mediterranean non-member countries shall be subject in all respects to the same customs arrangements as are applied to products originating in the customs territory of the Community, including the "arbitrio insular - tarifa general" charge applied in the Canary Islands, provided the Mediterranean non-member country concerned applies to imports of products covered by the Agreements originating in the Canary Islands and Ceuta and Melilla the same customs arrangements as it applies to products imported from and originating in Spain.   Article 3 1. For the products covered by the Agreement, the Kingdom of Spain shall dismantle customs duties on imports originating in the Mediterranean non-member countries in accordance with the following timetable:    - on the date this Decision takes effect, each duty shall be reduced to 77,5 % of the basic duty;       - on 1 January 1988, each duty shall be reduced to 62,5 % of the basic duty;       - on 1 January 1989, each duty shall be reduced to 47,5 % of the basic duty:       - on 1 January 1990, each duty shall be reduced to 35,0 % of the basic duty;       - on 1 January 1991, each duty shall be reduced to 22,5 % of the basic duty;       - on 1 January 1992, each duty shall be reduced to 10,0 % of the basic duty;       - the last reduction of 10 % shall be made on 1 January 1993.         2. The basic duty to which the successive reductions provided for in paragraph 1 are to be applied shall, for each product, be the duty actually applied on 1 January 1985 by the Kingdom of Spain vis-à-vis the Community.  (1) OJ No L 75, 20.3.1986, p. 26.   3. The rate of duty calculated in accordance with the preceding paragraphs shall be applied by rounding down to the first decimal place by deleting the second decimal.   Article 4 1. For products covered by the Agreement, the Portuguese Republic shall abolish customs duties on imports originating in the Mediterranean non-member countries as of the entry into effect of this Decision.  2. By way of derogation from paragraph 1, for the product mentioned in paragraph 3, originating in the Mediterranean non-member countries, and for the products listed in the Annex originating in Egypt, the Portuguese Republic shall dismantle customs duties in accordance with the following timetable:    - on the date this Decision takes effect, each duty shall be reduced to 80 % of the basic duty;       - on 1 January 1988, each duty shall be reduced to 65 % of the basic duty;       - on 1 January 1989, each duty shall be reduced to 50 % of the basic duty;       - on 1 January 1990, each duty shall be reduced to 40 % of the basic duty;       - on 1 January 1991, each duty shall be reduced to 30 % of the basic duty;       - the final two reductions of 15 % each shall be made on 1 January 1992 and 1 January 1993.         3. For the product mentioned below, the basic duty to be applied by the Portuguese Republic shall be 20 %. >PIC FILE= "T0045936">   4. In the case of the products listed in the Annex, the basic duty to which the successive reductions provided for in paragraph 2 are to be applied shall be the duty applied by the Portuguese Republic in respect of Egypt on 1 January 1985.  5. The rate of duty calculated in accordance with the preceding paragraphs shall be applied by rounding down to the first decimal place by deleting the second decimal.   Article 5 The following charges, applied by the Portuguese Republic in trade with the Mediterranean non-member countries, shall be progressively abolished in accordance with the following timetable:    (a) the ad valorem charge of 0,4 % applied to goods imported temporarily, goods reimported (excluding containers) and goods imported under the inward processing arrangements characterized by the rebate of duties levied on the import of goods used after export of products obtained ('drawback') shall be reduced to 0,2 % on the date this Decision takes effect and abolished on 1 January 1988;       (b) the ad valorem charge of 0,9 % applied to goods imported for home use shall be reduced to 0,6 % on 1 January 1989, to 0,3 % on 1 January 1990 and abolished on 1 January 1991.          Article 6 If the Kingdom of Spain or the Portuguese Republic suspends in whole or in part the levying of customs duties or charges referred to in Articles 3 and 4 on products imported from the Community as constituted on 31 December 1985, it shall also suspend or reduce, by the same percentage, those duties or charges applicable to products originating in the Mediterranean non-member countries.   Article 7 The necessary changes to the origin rules adopted by the Cooperation Councils following the accession of Spain and Portugal shall apply to the products covered by this Decision.   Article 8 In Article 1 of Decision 86/69/ECSC, the reference to Algeria, Egypt, Jordan, Lebanon and Tunisia is hereby deleted.   Article 9 This Decision shall take effect as from 1 September 1987.  It shall apply in respect of each of the Mediterranean non-member countries until the entry into force of the Protocol concerning that country.  The Member States shall take the necessary measures for the implementation of this Decision.     Done at Brussels, 11 August 1987.  The President  K.E. TYGESEN      ANNEX List referred to in Article 4 (2) >PIC FILE= "T0045937">


title: 2008/190/EC: Council Decision of 18 February 2008 on the conclusion of the Agreement between the European Community and the Republic of Moldova on certain aspects of air services

text:
               5.3.2008

               EN

               Official Journal of the European Union

               L 60/24

      COUNCIL DECISION

   of 18 February 2008
   on the conclusion of the Agreement between the European Community and the Republic of Moldova on certain aspects of air services
   (2008/190/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               By a decision of 5 June 2003 the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements by a Community agreement.

               (2)

               On behalf of the Community, the Commission has negotiated an agreement with the Republic of Moldova on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Decision of 5 June 2003.

               (3)

               The Agreement was signed on behalf of the Community subject to its possible conclusion at a later date, in accordance with Council Decision 2006/345/EC (2).

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Republic of Moldova on certain aspects of air services is hereby approved on behalf of the Community.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to make the notification provided for in Article 8(1) of the Agreement.

      Done at Brussels, 18 February 2008.

            For the Council

            The President

         D. RUPEL

      (1)  Opinion of 16 May 2006 (not yet published in the Official Journal).

      (2)  OJ L 126, 13.5.2006, p. 23.


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32003B0888

2003/888/EC: European Parliament Decision of 6 November 2003 on the discharge to the Director of the European Agency for Safety and Health at Work in respect of the implementation of its budget for the financial year 2001

Official Journal L 333 , 20/12/2003 P. 0052 - 0052

European Parliament Decisionof 6 November 2003on the discharge to the Director of the European Agency for Safety and Health at Work in respect of the implementation of its budget for the financial year 2001(2003/888/EC)THE EUROPEAN PARLIAMENT,- having regard to the Court of Auditors' report on the financial statements of the European Agency for Safety and Health at Work concerning the financial year 2001, together with the Agency's replies(1) (C5-0102/2003),- having regard to the Council's recommendation of 7 March 2003 (C5-0103/2003),- having regard to the EC Treaty, and in particular Article 276 thereof,- 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 Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 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(3) and, in particular, Article 94 thereof,- having regard to Rule 93a and Annex V of its Rules of Procedure,- having regard to its decision of 8 April 2003 on the postponement of the decision concerning discharge and its resolution containing the comments accompanying that decision(4),- having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A5-0360/2003),1. Gives discharge to the Director of the European Agency for Safety and Health at Work, in respect of the implementation of its budget for the financial year 2001;2. Records its comments in the accompanying resolution;3. Instructs its President to forward this decision and the accompanying resolution to the Director of the European Agency for Safety and Health at Work, the Council, the Commission and the Court of Auditors and to have them published in the Official Journal of the European Union (L series).The Secretary-GeneralJulian PriestleyThe PresidentPat Cox(1) OJ C 326, 27.12.2002, p. 9.(2) OJ L 248, 16.9.2002, p. 1.(3) OJ L 357, 31.12.2002, p. 72.(4) OJ L 148, 16.6.2003, pp. 16 and 18.


title: Council Decision (EU) 2017/235 of 7 February 2017 on the conclusion, on behalf of the Union, of the Agreement between the European Union and Solomon Islands on the short-stay visa waiver

text:
               11.2.2017

               EN

               Official Journal of the European Union

               L 36/7

         COUNCIL DECISION (EU) 2017/235
   of 7 February 2017
   on the conclusion, on behalf of the Union, of the Agreement between the European Union and Solomon Islands on the short-stay visa waiver
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with point (a)(v) of the second subparagraph of Article 218(6) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

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

               (2)

               In accordance with Council Decision (EU) 2016/1888 (2), the Agreement has been signed and is applied on a provisional basis as from 8 October 2016.

               (3)

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

               (4)

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

               (5)

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

               (6)

               The Agreement should be approved,

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

      Done at Brussels, 7 February 2017.

            For the Council

            The President

         L. GRECH

      (1)  Consent given on 1 December 2016.

      (2)  Council Decision (EU) 2016/1888 of 24 June 2016 on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and Solomon Islands on the short-stay visa waiver (OJ L 292, 27.10.2016, p. 1).

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

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

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


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32001D0724

2001/724/EC: Commission Decision of 11 October 2001 terminating the review of Council Regulation (EC) No 1599/1999 imposing a definitive countervailing duty on imports of stainless steel wires with a diameter of 1 mm or more originating in India (notified under document number C(2001) 3041)

Official Journal L 271 , 12/10/2001 P. 0042 - 0044

Commission Decisionof 11 October 2001terminating the review of Council Regulation (EC) No 1599/1999 imposing a definitive countervailing duty on imports of stainless steel wires with a diameter of 1 mm or more originating in India(notified under document number C(2001) 3041)(2001/724/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(1), and in particular Article 20 thereof,After consulting the Advisory Committee,Whereas:A. PREVIOUS PROCEDURE(1) By Regulation (EC) No 1599/1999(2), the Council imposed a definitive countervailing duty on imports of stainless steel wires with a diameter of 1 mm and more ("the product concerned") falling within CN code ex 7223 00 19, originating in India. The measures took the form of ad valorem duties of between 0 and 48,8 % on individual exporters, with a residual duty of 48,8 %.B. CURRENT PROCEDURE1. Request for review(2) Subsequent to the imposition of definitive measures, the Commission received a request for the initiation of an accelerated review of Regulation (EC) No 1599/1999, pursuant to Article 20 of Regulation (EC) No 2026/97 ("the basic Regulation"), from two Indian producers based in Bombay, Capico Trading Private Limited and Atlas Stainless Corporation Limited. The companies concerned claimed that they were not related to any other exporters of the product concerned in India and that they had not exported the product concerned during the original period of investigation (1 April 1997 to 31 March 1998). They have further stated that they began exporting the product concerned to the Community after the end of the investigation period, or intended to do so.2. Initiation of an accelerated review(3) The Commission examined the evidence submitted by the Indian exporting producers concerned and considered it sufficient to justify the initiation of a review in accordance with the provisions of Article 20 of the basic Regulation. After consultation of the Advisory Committee and after the Community industry concerned had been given the opportunity to comment, the Commission initiated, by a notice in the Official Journal of the European Communities(3), an accelerated review of Regulation (EC) No 1599/1999 with regard to the companies concerned and commenced its investigation.3. Product concerned(4) The product covered by the current review is the same product as that under consideration in Regulation (EC) No 1599/1999.4. Parties concerned(5) The Commission officially advised the companies concerned and the Government of India of the initiation of the procedure. Furthermore, it gave other parties directly concerned the opportunity to make their views known in writing and to request a hearing.The Commission sent a questionnaire to the companies concerned and received a full reply within the required deadline. The Commission sought and verified all information it deemed necessary for the purpose of the investigation and carried out verification visits at the premises of the companies concerned.5. Investigation period(6) The investigation of subsidisation covered the period from 1 January to 31 December 1999 ("the investigation period").6. Methodology(7) The same methodology as that used in the original investigation was applied in the current investigation.C. RESULTS OF THE INVESTIGATION(8) The Commission first examined the status of the companies under investigation in terms of Article 20 of the basic Regulation.1. Capico Trading Private Ltd(9) On 20 July 2000, Capico Trading Private Ltd reported to the Commission that it was withdrawing its request for review. The company based this on the fact, which was verified in the investigation, that it had not exported the product concerned to the Community and that its intention to export to the Community had not been realised. The Commission therefore considers it appropriate to terminate this review in relation to Capico Trading Private Ltd.2. Atlas Stainless Corporation(10) Atlas Stainless Corporation was established around the time of the imposition of definitive measures and registered for sales tax at around the same time. The investigation revealed that the company itself did not produce the product concerned. In fact, its involvement with this product was via a company called Venus Wire Industries Ltd, which produced small quantities on behalf of Atlas Stainless Corporation. Atlas Stainless Corporation has a "job worker" contract with Venus Wire Industries Ltd, whereby Venus Wire Industries Ltd processes raw material into the product concerned on behalf of Atlas Stainless Corporation for receiving a fee. This contract was agreed on 25 July 1999, i.e. three days after the imposition of definitive measures. Venus Wire Industries Ltd. itself was investigated during the original investigation and is subject to an individual countervailing duty rate of 35,4 %.(11) The agreement between Venus Wire Industries Ltd and Atlas Stainless Corporation stipulates a fixed price per kilogram of finished product for processing raw material into the product concerned. As regards payment of excise duty on goods domestically sold, Venus Wire Industries Ltd is, unlike Atlas Stainless Corporation, registered as a manufacturer and can claim an indirect tax "Modvat" back on its purchases of for example raw materials. There is an agreement between the two companies, whereby Venus Wire Industries Ltd claims back the Madvat on the domestically bought raw materials on behalf of Atlas Stainless Corporation. Moreover, the founder of Atlas Stainless Corporation previously worked as the President of Venus Wire Industries Ltd looking into production at the plant.(12) In addition, Atlas Stainless Corporation only exported one shipment, of around 1500 kg, to the EU during the investigation period. The shipment concerned was made solely for trial purposes for an importer in the EU, who stated that he only intended to try out the product concerned to test its quality. The importer was a previous customer of Venus Wire Industries Ltd.(13) Based on the facts verified during the investigation, it was considered that Atlas Stainless Corporation cannot be granted newcomer status since it is not an "exporter" in the meaning of Article 20 of the basic Regulation. While Atlas Stainless Corporation was the owner of the product exported to the EU, its one and only export transaction during the investigation period does not constitute true "export" in the meaning of Article 20 of the basic Regulation. In addition, Atlas Stainless Corporation made the job worker agreement with Venus Wire Industries Ltd just after the imposition of definitive measures, and the fact that this arrangement was set up at this time by the former President of Venus Wire Industries Ltd gives rise to serious doubts about the true motives of the operation; in fact, the investigation established that Atlas Stainless Corporation has no production facilities and, even more importantly, no significant commercial activities on either the domestic or any other export markets. On the basis of all the evidence, the Commission considered that Atlas Stainless Corporation has not demonstrated that it is an "exporter" eligible for an individual duty under Article 20 of the basic Regulation.Comments from interested parties and Commission's response(14) Having been informed of the facts and considerations on the basis of which it is intended to terminate this review, Atlas Stainless Corporation and the Government of India gave the following arguments:(15) Atlas Stainless Corporation argued that although it does not own a manufacturing plant, it owns the raw materials and has a job worker contract with Venus Wire, where it paid the conversion charges to job workers as per contract. For this reason, it claimed it should be considered as manufacturer of the exported product. Moreover, Atlas Stainless Corporation argued that it used the plant facilities of Venus Wire Industries Ltd for specific purposes, and that it had a normal commercial business relationship with Venus Wire Industries Ltd.(16) As explained above, the Commission does not contest that Atlas was the owner of one shipment of the product exported to the EU. However, it has concluded that the nature of Atlas' operation during the investigation period does not lend itself to a conclusion that it is a genuine producer/exporter which should have an individual duty. Additionally, countervailing measures would be rendered completely ineffective if it were possible for companies (such as Atlas Stainless Corporation), which operate through job worker contracts, to have an individual duty, without reference to the original producer of the product, which may itself be subject to an individual duty. Atlas Stainless Corporation's relationship with Venus Wire Industries Ltd, which includes certain operational links between the companies, and the timing of the establishment of Atlas Stainless Corporation, merely strengthen this conclusion.(17) The Government of India (GOI) referred to a review request in an anti-dumping proceeding carried out by the US Department of Commerce (DOC) in favour of Atlas Stainless Corporation as regards imports of stainless steel bars. In this regard, the Commission notes that actions of investigating authorities in non-member countries have, by themselves, no bearing on this proceeding.(18) Moreover, the GOI claimed that the company had offered a price undertaking and that, in the light of Article 15 of the WTO Agreement on the Implementation of Article VI of GATT 1994, special regard must be given to developing country members. In this respect, it is noted that the WTO Agreement on subsidies and countervailing measures does not contain a provision corresponding to Article 15 of the WTO Agreement on the implementation of Article VI of GATT 1994. In any case, no such undertaking has been offered by Atlas Stainless Corporation.(19) Therefore it is considered fitting to reject the application for newcomer status and to terminate this review without amending the measures in force,HAS ADOPTED THIS DECISION:Sole ArticleThe accelerated review of Regulation (EC) No 1599/1999 concerning imports of stainless steel wires with a diameter of 1 mm or more originating in India is hereby terminated.Done at Brussels, 11 October 2001.For the CommissionPascal LamyMember of the Commission(1) OJ L 288, 21.10.1997, p. 1.(2) OJ L 189, 22.7.1999, p. 1.(3) OJ C 61, 3.3.2000, p. 2.


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32000D0310(02)

Council Decision of 28 February 2000 appointing members and alternate members of the Advisory Committee on Social Security for Migrant Workers

Official Journal C 069 , 10/03/2000 P. 0002 - 0005

COUNCIL DECISIONof 28 February 2000appointing members and alternate members of the Advisory Committee on Social Security for Migrant Workers(2000/C 69/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, self-employed persons and members of their families moving within the Community(1), and in particular Article 82 thereof,Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,Whereas by its Decision of 24 July 1997(2) the Council appointed the members and alternate members of the Avisory Committee on Social Security for Migrant Workers for the period 24 July 1997 to 23 July 1999;Whereas members and alternate members of the Advisory Committee on Social Security for Migrant Workers should be appointed for two years,HAS DECIDED AS FOLLOWS:Article 1The following are hereby appointed members and alternate members of the Advisory Committee on Social Security for Migrant Workers for the period 28 February 2000 to 27 February 2002.I. GOVERNMENT REPRESENTATIVES(a) Members>TABLE>(b) Alternates>TABLE>II. TRADE UNION REPRESENTATIVES(a) Members>TABLE>(b) Alternates>TABLE>III. REPRESENTATIVES OF EMPLOYERS' ORGANISATIONSa) Members>TABLE>(b) Alternates>TABLE>Article 2This Decision shall be published, for information, in the Official Journal of the European Communities.Done at Brussels, 28. February 2000.For the CouncilThe PresidentJ. PINA MOURA(1) OJ L 149, 5.7.1971, p. 2. Regulation last amended by Regulation (EEC) No 1945/93 (OJ L 181, 23.7.1993, p. 1).(2) OJ C 241, 7.8.1997, p. 2.


title: Council Decision (EU) 2015/997 of 16 June 2008 on the signing on behalf of the European Community of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part

text:
               30.6.2015

               EN

               Official Journal of the European Union

               L 164/1

         COUNCIL DECISION (EU) 2015/997
   of 16 June 2008
   on the signing on behalf of the European Community of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Negotiations with Bosnia and Herzegovina on the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, have been completed.

               (2)

               The commercial provisions contained in the Agreement are of an exceptional nature, connected with the policy implemented within the framework of the Stabilisation and Association Process and will not constitute, for the European Union, any precedent in the commercial policy of the Community with regard to third countries other than those of the Western Balkans.

               (3)

               The Agreement should be signed on behalf of the Community subject to its conclusion at a later date,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, is hereby approved on behalf of the Community, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.

      Done at Luxembourg, 16 June 2008.

            For the Council

            The President

         D. RUPEL


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31998D0508

98/508/EC: Council Decision of 18 June 1998 on the conclusion of an Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia

Official Journal L 229 , 17/08/1998 P. 0001 - 0002

COUNCIL DECISION of 18 June 1998 on the conclusion of an Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia (98/508/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228(2), first sentence, and (3), first subparagraph, and Article 228(4) thereof,Having regard to the proposal from the Commission,Whereas the Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia has been negotiated and initialled on 19 July 1996 and should be approved;Whereas certain tasks for implementation have been attributed to the Joint Committee established by the Agreement, and in particular the power to amend certain aspects of the Sectoral Annexes thereto;Whereas the appropriate internal procedures should be established to ensure the proper functioning of the Agreement, and whereas it is necessary to empower the Commission to make certain technical amendments to the Agreement and to take certain decisions for its implementation,HAS DECIDED AS FOLLOWS:Article 1The Agreement on mutual recognition in relation to conformity assessment, certificates and markings between the European Community and Australia, including its Annexes and the Joint Declarations attached thereto, are hereby approved on behalf of the European Community.The text of the Agreement, the Annexes and the Joint Declarations is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in order to bind the Community and to transmit, on behalf of the Community, the note provided for in Article 14 of the Agreement (1).Article 31. The Commission shall represent the Community in the Joint Committee provided for in Article 12 of the Agreement, assisted by the special committee designated by the Council. The Commission shall proceed, after consultation with this special committee, to the appointments, notifications, exchange of information and requests for verifications referred to in Article 8(2) and Article 12(4)(c), (d) and (e) of the Agreement.2. The position of the Community with regard to decisions to be taken by the Joint Committee shall be determined, with regard to amendments of Sections I to IV of the Sectoral Annexes (Article 12(4)(a) and (b) and (6) of the Agreement) and verification of compliance in accordance with Article 8 and Article 12(6)(d) of the Agreement, by the Commission, following consultation of the special Committee referred to in paragraph 1 of this Article.3. In all other cases the position of the Community in the Joint Committee shall be determined by the Council, acting by qualified majority on a proposal from the Commission.Article 4This Decision shall be published in the Official Journal of the European Communities.Done at Luxembourg, 18 June 1998.For the CouncilThe PresidentG. STRANG(1) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities.


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31999D0431

1999/431/ECSC: Decision of the European Parliament of 4 May 1999 giving discharge to the Commission in respect of the management of the ECSC for the financial year 1997

Official Journal L 168 , 03/07/1999 P. 0025 - 0028

DECISION OF THE EUROPEAN PARLIAMENTof 4 May 1999giving discharge to the Commission in respect of the management of the ECSC for the financial year 1997(1999/431/ECSC)THE EUROPEAN PARLIAMENT,- Having regard to the amounts shown below, contained in the accounts of the ECSC as at 31 December 1997(1), the report of the Court of Auditors for 1997 concerning the ECSC, together with the Commission's replies (C4-0055/99)(2), confirming that the accounts present a true picture of the assets and financial situation of the European Coal and Steel Community at 31 December 1997, and the results of ECSC operations for the financial year ending on the same date,1. Gives the Commission discharge in respect of the management of the ECSC for the figures relating to the implementation of the budget for the 1997 financial year, shown below;2. Instructs its Parliament to forward this decision and the resolution containing its comments to the Commission, the Council, the Court of Auditors and the ECSC Consultative Committee and to have them published in the Official Journal (L series).ECSC BALANCE SHEET AT 31 DECEMBER 1997ASSETS>TABLE>LIABILITIES>TABLE>PROFIT AND LOSS ACCOUNTS FOR YEAR ENDING 31 DECEMBER 1997CHARGES>TABLE>INCOME>TABLE>IMPLEMENTATION OF THE ECSC OPERATING BUDGETOUTTURN>TABLE>RESULTS FOR FINANCIAL YEAR>TABLE>The Secretary-GeneralJulian PRIESTLEYThe PresidentJosé María GIL-ROBLES(1) OJ C 225, 13.8.1998, p. 3.(2) OJ C 352, 18.11.1998, p. 1.


title: 2009/5/EC: Decision of the European Central Bank of 18 December 2008 to postpone the start of the rotation system in the Governing Council of the European Central Bank (ECB/2008/29)

text:
               7.1.2009

               EN

               Official Journal of the European Union

               L 3/4

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 18 December 2008
   to postpone the start of the rotation system in the Governing Council of the European Central Bank
   (ECB/2008/29)
   (2009/5/EC)
   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 (hereinafter the ‘ESCB Statute’), and in particular Article 10.2 thereof,
   Whereas:

               (1)

               Pursuant to Council Decision 2008/608/EC of 8 July 2008 in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (1), Slovakia fulfils the necessary conditions for adoption of the euro and its derogation under Article 4 of the Act of Accession (2) will be abrogated with effect from 1 January 2009.

               (2)

               Upon adoption of the euro by Slovakia the number of Governing Council members of the European Central Bank will exceed 21. Article 10.2 of the ESCB Statute provides that as from the date on which the number of members of the Governing Council exceeds 21, each member of the Executive Board will have one vote and the number of governors with a voting right will be 15. It also specifies the rules on the rotation of the voting rights. Under the sixth indent of Article 10.2, the Governing Council, acting by a two-thirds majority of all its members, with and without a voting right, may decide to postpone the start of the rotation system until the date on which the number of governors exceeds 18.

               (3)

               Recital 6 of Recommendation ECB/2003/1 of 3 February 2003 for a Council Decision on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank (3) and recital 6 of Decision 2003/223/EC of the Council, meeting in the composition of the Heads of State or Government, of 21 March 2003 on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank (4) refer to the possibility of a decision to postpone the start of the rotation system so as to avoid the situation that governors within any group have a voting frequency of 100 %. Starting the rotation system when the number of governors exceeds 15 would require the introduction of exceptional arrangements to ensure that the first group of governors would not have a lower voting frequency than the second group. One option for ensuring fulfilment of this condition would be to allocate five voting rights to the first group. This would, however, result in a 100 % voting frequency of the members of the first group and would be contrary to the intention that all governors should be subject to the rotation system. Alternative arrangements aimed at avoiding a 100 % voting frequency of the first group would add significant complexity to the rotation system.

               (4)

               Following thorough deliberation, the Governing Council concluded that the benefits of postponement until the number of governors exceeds 18 outweighs the benefits of implementing the rotation system when the number of governors exceeds 15, thereby avoiding the introduction of additional elements of complexity in the transitional two-group rotation system. It is therefore appropriate to postpone the start of the rotation system until the number of governors exceeds 18,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The start of the rotation system provided for in Article 10.2 of the ESCB Statute shall be postponed until the date on which the number of governors in the Governing Council of the ECB exceeds 18.
   Article 2
   This Decision shall enter into force on 1 January 2009.

      Done at Frankfurt am Main, 18 December 2008.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 195, 24.7.2008, p. 24.

      (2)  Act concerning the conditions of 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 and the adjustments to the Treaties on which the European Union is founded (OJ L 236, 23.9.2003, p. 33).

      (3)  OJ C 29, 7.2.2003, p. 6.

      (4)  OJ L 83, 1.4.2003, p. 66.


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31987D0607

87/607/EEC: Council Decision of 21 December 1987 on the conclusion of the Protocol laying down the conditions and procedures for the implementation of the second stage of the Agreement establishing an Association between the European Economic Community and the Republic of Cyprus and adapting certain provisions of the Agreement

Official Journal L 393 , 31/12/1987 P. 0001 - 0001 Finnish special edition: Chapter 11 Volume 13 P. 0123  Swedish special edition: Chapter 11 Volume 13 P. 0123

COUNCIL DECISIONof 21 December  1987on the conclusion of the Protocol laying down the conditions and procedures for the  implementation of the second stage of the Agreement establishing an Association between the  European Economic Community and the Republic of Cyprus and adapting certain provisions of the  Agreement(87/607/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 it is necessary to approve the protocol laying down the conditions and procedures for the  implementation of the second stage of the Agreement establishing an Association between the  European Economic Community and the Republic of Cyprus and adapting certain provisions of the  Agreement, signed at Brussels on 19 december 1972 (2), HAS DECIDED AS FOLLOWS: Article 1The Protocol laying down the conditions and procedures for the  implementation of the second stage of the Agreement establishing an Association between the  European Economic Community and the Republic of Cyprus and adapting certainprovisions of the  Agreement, the Annexes and the Final Act and declarations and exchange of letters annexed thereto  are hereby approved on behalf of the Community. The texts of the Protocol and of the Final Act are attached to this Decision. Article 2The President of the Council shall give the notification provided for in Article 36 of  the Protocol (3). Article 3This Decision shall take effect on the day following that of its publication in the  Official Journal of the European Communities. Done at Brussels, 21 December 1987. For the CouncilThe PresidentB. HAARDERPOR:L393UMBE00.96FF: 8UE0;   SETUP: 01;   Hoehe: 381  mm;   52 Zeilen;   2067 Zeichen; Bediener: HELM   Pr.: C; Kunde: 40807 L393umbe00                (1) Assent delivered on 16 December  1987 (not yet published in the Official Journal). (2) OJ N° L 133, 21. 5. 1973, p. 2. (3) See page 104 of this Official Journal.


title: 2005/532/EC: Decision of the European Parliament of 12 April 2005 on the discharge for implementing the general budget of the European Union for the financial year 2003, Section II — Council

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 196/39

      DECISION OF THE EUROPEAN PARLIAMENT

   of 12 April 2005
   on the discharge for implementing the general budget of the European Union for the financial year 2003, Section II — Council
   (2005/532/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the general budget of the European Union for the financial year 2003 (1),
   having regard to the revenue and expenditure account and balance sheet for the 2003 financial year (C6-0016/2005),
   having regard to the Annual Report of the European Court of Auditors concerning the financial year 2003, together with the institutions’ replies (2),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),
   having regard to the Council’s Internal Audit Report for 2003,
   having regard to Articles 272(10), 275 and 276 of the EC Treaty,
   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 (4), in particular Articles 50, 86(4), 145, 146 and 147 thereof,
   having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0066/2005),

               1.

               Grants the Secretary-General of the Council discharge in respect of the implementation of the budget for the 2003 financial year;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the Ombudsman and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ L 54, 28.2.2003, p. 1.

      (2)  OJ C 293, 30.11.2004, p. 1.

      (3)  OJ C 294, 30.11.2004, p. 99.

      (4)  OJ L 248, 16.9.2002, p. 1.

      (5)  OJ L 356, 31.12.1977, p. 1.

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      containing the comments which form part of the decision on the discharge for implementing the general budget of the European Union for the financial year 2003, Section II — Council
      THE EUROPEAN PARLIAMENT,
      having regard to the general budget of the European Union for the financial year 2003 (1),
      having regard to the revenue and expenditure account and balance sheet for the 2003 financial year (C6-0016/2005),
      having regard to the Annual Report of the European Court of Auditors concerning the financial year 2003, together with the institutions’ replies (2),
      having regard to the Statement of Assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),
      having regard to the Council’s Internal Audit Report for 2003,
      having regard to Articles 272(10), 275 and 276 of the EC Treaty,
      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 (4), in particular Articles 50, 86(4), 145, 146 and 147 thereof,
      having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),
      having regard to Rule 71 of and Annex V to its Rules of Procedure,
      having regard to the report of the Committee on Budgetary Control (A6-0066/2005),

                  1.

                  Welcomes the introduction in the Court of Auditors’ Annual Report for 2003 of a separate section for the Council; notes the Council’s summary of internal audits carried out in 2003; welcomes the enhanced exchange of information between the Council and Parliament through the informal dialogue that has taken place between the two institutions as part of the discharge procedure; finds that these elements have helped to increase transparency with regard to discharge of the Council's budget;

                  2.

                  Notes the Council’s intention to provide the documentation and adopt the outstanding actions needed to comply with the requirements of the new Financial Regulation, as specified in the Court of Auditors’ Annual Report, by the end of 2004 and asks the Council to submit to the European Parliament a list of problems occurring with implementation of the Financial Regulation;

                  3.

                  Notes the Court’s observation that the Council’s legal services were contracted without any tendering procedure, although their value exceeded the threshold above which a tendering procedure was required; notes that the Council fully accepts this observation and has initiated a tendering procedure in order to establish a framework contract for the type of legal services mentioned; stresses the importance of respecting the rules on procurement set out in the Financial Regulation;

                  4.

                  Asks the Council to make available to the discharge authority, as all other institutions have done including the European Parliament, the annual activity report referred to in Article 60(7) of the Financial Regulation of 25 June 2002;

                  5.

                  Finds that greater clarity with regard to spending on and the management of the Common Foreign and Security Policy (CFSP) within the Council would enhance transparency; urges the Council separately to identify CFSP preparatory costs within its budget, as recommended by the Court of Auditors in its Special Report No 13/2001; stresses the need for clarification of the Commission’s role in the implementation of CFSP, as recommended by the Court of Auditors in its Special Report No 13/2001; recommends that clear operational principles and arrangements with regard to the Commission’s role in implementation of the CFSP be included in the new Interinstitutional Agreement on the budget;

                  6.

                  Regrets that due to time constraints it is not able to give the Council’s discharge recommendation the attention it deserves, and invites the Commission to forward, and the Council to adopt, the following proposal for modification of Article 145(1) of the Financial Regulation:
                  ‘The European Parliament, upon a recommendation from the Council acting by a qualified majority, shall, before 30 June of year n +2 give a discharge to the Commission in respect of the implementation of the budget for year n’.

         (1)  OJ L 54, 28.2.2003, p. 1.

         (2)  OJ C 293, 30.11.2004, p. 1.

         (3)  OJ C 294, 30.11.2004, p. 99.

         (4)  OJ L 248, 16.9.2002, p. 1.

         (5)  OJ L 356, 31.12.1977, p. 1.


title: 2008/459/EC: Council Decision of 6 June 2008 appointing a United Kingdom member to the Committee of the Regions

text:
               19.6.2008

               EN

               Official Journal of the European Union

               L 160/30

      COUNCIL DECISION

   of 6 June 2008
   appointing a United Kingdom member to the Committee of the Regions
   (2008/459/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Government of the United Kingdom,
   Whereas:

               (1)

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

               (2)

               One member's seat on the Committee of the Regions has become vacant following the resignation of Mr Conor MURPHY,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Roger KNOX, Member of East Lothian Council, is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Luxembourg, 6 June 2008.

            For the Council

            The President

         A. VIZJAK

      (1)  OJ L 56, 25.2.2006, p. 75.


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31997D0470

97/470/EC: Council Decision of 22 July 1997 appointing two members and two alternate members of the Committee of the Regions

Official Journal L 200 , 29/07/1997 P. 0058 - 0058

COUNCIL DECISION of 22 July 1997 appointing two members and two alternate members of the Committee of the Regions (97/470/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,Having regard to the Council Decisions of 26 January 1994 (1) and 23 January 1995 (2) appointing members and alternate members of the Committee of the Regions,Whereas a seat as member of the Committee has become vacant following the resignation of Mr Artur TORRES PEREIRA, member, notified to the Council on 29 January 1997,Having regard to the proposal from the Portuguese Government,HAS DECIDED AS FOLLOWS:Sole Article Mr Francisco Augusto CAIMOTO AMARAL is hereby appointed a member of the Committee of the Regions in place of Mr Artur TORRES PEREIRA for the remainder of the latter's term of office, which runs until 25 January 1998.Done at Brussels, 22 July 1997.For the CouncilThe PresidentJ. POOS(1) OJ No L 31, 4. 2. 1994, p. 29.(2) OJ No L 25, 2. 2. 1995, p. 20.


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32000D0723

Council Decision of 20 November 2000 repealing Council Decision 1999/320/CFSP on a European Union contribution to the collection and destruction of weapons in Albania

Official Journal L 292 , 21/11/2000 P. 0002 - 0002

Council Decisionof 20 November 2000repealing Council Decision 1999/320/CFSP on a European Union contribution to the collection and destruction of weapons in Albania(2000/723/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union and in particular Article 23(2),Having regard to Joint Action 1999/34/CFSP on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons(1), and in particular Article 7 thereof,Whereas:(1) On 10 May 1999, the Council adopted Decision 1999/320/CFSP on a European Union contribution to the collection and destruction of weapons in Albania(2), which was intended to implement Joint Action 1999/34/CFSP by supporting the pilot project of the United Nations Department for Disarmament Affairs (DDA) and the United Nations Development Programme (UNDP), on "weapons in exchange for development in the Gramsh district of Albania".(2) On 17 December 1999, the Council adopted Decision 1999/846/CFSP(3) amending Decision 1999/320/CFSP so as to add to it the Elbasan and Peshkopja districts.(3) On 5 April 2000, the United Nations Development Programme (UNDP) informed the Commission that it was unable to undertake to fulfil the terms and conditions of a draft contract proposed by the Commission in accordance with Decision 1999/320/CFSP, and in particular Article 3 thereof, on the destruction of the arms collected in the Gramsh, Elbasan and Peshkopja districts.(4) Accordingly Decision 1999/320/CFSP, as amended by Decision 1999/846/CFSP should be repealed,HAS DECIDED AS FOLLOWS:Article 1Decision 1999/320/CFSP shall be repealed.Article 2This Decision shall take effect on the date of its adoption.Article 3This Decision shall be published in the Official Journal.Done at Brussels, 20 November 2000.For the CouncilThe PresidentH. Védrine(1) OJ L 9, 15.1.1999, p. 1.(2) OJ L 123, 13.5.1999, p. 12.(3) OJ L 326, 18.12.1999, p. 74.


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31988D0404

88/404/EEC: Council Decision of 18 July 1988 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Swiss Confederation on research and development in the field of wood, including cork, as a renewable raw material

Official Journal L 195 , 23/07/1988 P. 0074 - 0074

*****COUNCIL  DECISION  of 18 July 1988  concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Swiss Confederation on research and development in the field of wood, including cork, as a renewable raw material  (88/404/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas, by Decision 86/235/EEC (2), the Council adopted a research programme on materials (raw materials and advanced materials), (1986 to 1989), which includes a subprogramme on wood, including cork, as a renewable raw material; whereas Article 6 of that Decision authorizes the Commission to negotiate agreements with third States, in particular those involved in European cooperation in the field of scientific and technical research (COST), with a view to associating them fully or partly with this programme;  Whereas, by Decision 87/177/EEC (3), the Council approved on behalf of the European Economic Community the Framework Agreement for scientific and technical coopearation between the European Communities and, among others, the Swiss Confederation;  Whereas this Agreement should be approved;  Whereas the Treaty has not provided the necessary powers, other than those of Article 235,  HAS DECIDED AS FOLLOWS:  Article 1  The Cooperation Agreement between the European Economic Community and the Swiss Confederation on research and development in the field of wood, including work, as a renewable raw material is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council shall give the notification provided for in Article 9 of the Agreement (4).  Done at Brussels, 18 July 1988.  For the Council  The President  Y. POTTAKIS  (1) OJ No C 167, 27. 6. 1988.  (2) OJ No L 159, 14. 6. 1986, p. 36.  (3) OJ No L 71, 14. 3. 1987, p. 29.  (4) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.