Avis juridique important

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31986D0005

86/5/EEC: Council Decision of 20 January 1986 amending Decision 82/887/EEC adopting a concerted action project for the European Economic Community in the field of shore-based marine navigation aid systems

Official Journal L 018 , 24/01/1986 P. 0038 - 0038

*****COUNCIL  DECISION  of 20 January 1986  amending Decision 82/887/EEC adopting a concerted action project for the European Economic Community in the field of shore-based marine navigation aid systems  (86/5/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 (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas, by Decision 82/887/EEC (4), the Council undertook to implement, over a period of three years starting on 1 January 1983, a concerted action research project in the field of shore-based marine navigation aid systems;  Whereas the research programmes cannot be completed by the date fixed in the said Decision, partly owing to much broader participation than expected in each of the seven programmes and partly owing to the need to complete some programmes with tests or surveys in order to validate their results;  Whereas the project has already involved major investment, and it would be unfortunate to limit the effects thereof or, more often than not, render them void by halting the work before it is really complete;  Whereas, under these circumstances, it is advisable to extend the implementation period for the concerted action project in question by one year;  Whereas the Committee for Scientific and Technical Research (CREST) has delivered its opinion on the Commission proposal,  HAS DECIDED AS FOLLOWS:  Sole Article  Decision 82/887/EEC is hereby amended as follows:  1. The first paragraph of Article 1 is hereby replaced by the following:  'The Community shall implement, over a period of four years from 1 January 1983, a concerted action research project in the field of shore-based marine navigation aid systems hereinafter referred to as "the project".'  2. Article 3 is hereby replaced by the following:  'Article 3  The funds estimated as necessary for the Community contribution to the coordination should be 2,3 million ECU, including expenditure on one member of staff.'  Done at Brussels, 20 January 1986.  For the Council  The President  G. BRAKS  (1) OJ No C 182, 20. 7. 1985, p. 7.  (2) OJ No C 352, 31. 12. 1985.  (3) OJ No C 330, 20. 12. 1985, p. 7.  (4) OJ No L 378, 31. 12. 1982, p. 32.


title: 2013/296/EU: Council Decision of 13 May 2013 on the conclusion of the Agreement between the European Union and the Republic of Moldova amending the Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas

text:
               20.6.2013

               EN

               Official Journal of the European Union

               L 168/1

         COUNCIL DECISION
   of 13 May 2013
   on the conclusion of the Agreement between the European Union and the Republic of Moldova amending the Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas
   (2013/296/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(a), in conjunction with Article 218(6)(a), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with Council Decision 2012/353/EU (1), the Agreement between the European Union and the Republic of Moldova amending the Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas (‘the Agreement’) was signed on 27 June 2012 subject to its conclusion.

               (2)

               The Agreement should be approved.

               (3)

               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 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
                   (2); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (4)

               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 of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (3); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (5)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Republic of Moldova amending the Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall designate the person empowered to proceed, on behalf of the European Union, to the notification provided for in Article 2 of the Agreement, in order to express the consent of the European Union to be bound by the Agreement (4).
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 13 May 2013.

            For the Council

            The President

         S. COVENEY

      (1)  OJ L 174, 4.7.2012, p. 4.

      (2)  OJ L 131, 1.6.2000, p. 43.

      (3)  OJ L 64, 7.3.2002, p. 20.

      (4)  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.
    ---documentbreak---

               20.6.2013

               EN

               Official Journal of the European Union

               L 168/1

         AGREEMENT
   between the European Union and the Republic of Moldova amending the Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas
   THE EUROPEAN UNION,
   and
   THE REPUBLIC OF MOLDOVA,
   hereinafter referred to as ‘the Parties’,
   HAVING REGARD to the Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas which entered into force on 1 January 2008,
   DESIRING to further facilitate people-to-people contacts,
   RECOGNISING the importance of the introduction of a visa-free travel regime for the citizens of the Republic of Moldova in due course, provided that the conditions for well-managed and secure mobility are in place,
   TAKING INTO ACCOUNT the Protocol on the Schengen acquis integrated into the framework of the European Union and the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and confirming that the provisions of this Agreement do not apply to the United Kingdom and Ireland,
   TAKING INTO ACCOUNT the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union and confirming that the provisions of this Agreement do not apply to Denmark,
   HAVE AGREED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Republic of Moldova on the facilitation of the issuance of visas, hereinafter referred to as the ‘Agreement’, shall be amended in accordance with the provisions of this Article:

               (1)

               In the title, the word ‘Community’ shall be replaced by the word ‘Union’.

               (2)

               In Article 2(1) and (2) and in Article 3 point (e), the word ‘Community’ shall be replaced by the words ‘European Union’.

               (3)

               Article 4 paragraph 1 shall be amended as follows:

                           (a)

                           Point (d) shall be replaced by the following:

                                       ‘(d)

                                       for drivers conducting international cargo and passenger transportation services to the territories of the Member States in vehicles registered in the Republic of Moldova:

                                                   —

                                                   a written request from the national association of carriers of the Republic of Moldova providing for international road transportation, stating the purpose, itinerary, duration and frequency of the trips;’;

                           (b)

                           Point (f) shall be replaced by the following:

                                       ‘(f)

                                       for journalists and the technical crew accompanying them in a professional capacity:

                                                   —

                                                   certificate or other document issued by a professional organisation or the applicant’s employer proving that the person concerned is a qualified journalist and stating that the purpose of the journey is to carry out journalistic work or proving that the person is a member of the technical crew accompanying the journalist in a professional capacity;’;

                           (c)

                           Point (k) shall be replaced by the following:

                                       ‘(k)

                                       for close relatives – spouse, children (including adopted children), parents (including custodians), grandparents and grandchildren – visiting citizens of the Republic of Moldova legally residing in the territory of the Member States, or citizens of the European Union residing in the territory of the Member State of which they are nationals:

                                                   —

                                                   a written request from the host person;’;

                           (d)

                           The following point shall be added:

                                       ‘(p)

                                       for participants in official European Union cross-border cooperation programmes, such as under the European Neighbourhood and Partnership Instrument (ENPI):

                                                   —

                                                   a written request by the host organisation.’.

               (4)

               In Article 5, paragraphs 1 to 3 shall be replaced by the following:
               ‘1.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with a term of validity of five years to the following categories of persons:

                           (a)

                           members of national and regional Governments and Parliaments, of the Constitutional Court and Supreme Court if they are not exempted from the visa requirement by this Agreement, in the exercise of their duties;

                           (b)

                           permanent members of official delegations who, following an official invitation addressed to the Republic of Moldova, are to participate regularly in meetings, consultations, negotiations or exchange programs, as well as in events held in the territory of the Member States by intergovernmental organisations;

                           (c)

                           spouses and children (including adopted children), who are under the age of 21 or are dependent, and parents (including custodians) visiting citizens of the Republic of Moldova legally residing in the territory of the Member States or citizens of the European Union residing in the territory of the Member State of which they are nationals;

                           (d)

                           business people and representatives of business organisations who regularly travel to the Member States;

                           (e)

                           journalists and the technical crew accompanying them in a professional capacity.

                     By way of derogation from the first subparagraph, where the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, the term of validity of the multiple-entry visa shall be limited to that period, in particular where

                           —

                           in the case of the persons referred to in point (a), the term of office,

                           —

                           in the case of the persons referred to in point (b), the term of the validity of the status as a permanent member of an official delegation,

                           —

                           in the case of the persons referred to in point (c), the period of validity of the authorisation for legal residence of citizens of the Republic of Moldova legally residing in the European Union,

                           —

                           in the case of the persons referred to in point (d), the term of validity of the status as a representative of the business organisation or the work contract, or

                           —

                           in the case of the persons referred to in point (e), the work contract

                     is less than five years.
               2.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with a term of validity of one year to the following categories of persons, provided that during the previous year they have obtained at least one visa, have made use of it in accordance with the laws on entry and stay of the visited State:

                           (a)

                           members of official delegations who, following an official invitation addressed to the Republic of Moldova, are to participate regularly in meetings, consultations, negotiations or exchange programs, as well as in events held in the territory of the Member States by intergovernmental organisations;

                           (b)

                           representatives of civil society organisations travelling regularly to Member States for the purposes of educational training, seminars or conferences, including in the framework of exchange programmes;

                           (c)

                           members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events who regularly travel to the Member States;

                           (d)

                           drivers conducting international cargo and passenger transportation services to the territories of the Member States in vehicles registered in the Republic of Moldova;

                           (e)

                           members of train, refrigerator and locomotive crews in international trains travelling to the territories of the Member States;

                           (f)

                           persons participating in scientific, cultural and artistic activities, including university and other exchange programs, who regularly travel to the Member States;

                           (g)

                           students and post-graduate students who regularly travel for the purposes of study or educational training, including in the framework of exchange programmes;

                           (h)

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

                           (i)

                           participants in official exchange programmes organised by twin cities or other localities;

                           (j)

                           participants in official European Union cross-border cooperation programmes, such as under the European Neighbourhood and Partnership Instrument (ENPI).

                     By way of derogation from the first subparagraph, where the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, the term of validity of the multiple-entry visa shall be limited to that period.
               3.   Diplomatic missions and consular posts of the Member States shall issue multiple-entry visas with a term of validity of a minimum of two years and a maximum of five years to the categories of persons referred to in paragraph 2, provided that during the previous two years they have made use of the one year multiple-entry visas in accordance with the laws on entry and stay of the visited State unless the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, in which case the term of validity of the multiple-entry visa shall be limited to that period.’.

               (5)

               Article 6 shall be amended as follows:

                           (a)

                           In paragraph 2,

                                       (i)

                                       the introductory words shall be replaced by the following:
                                       ‘2.   Without prejudice to paragraph 4 fees for processing the visa application are waived for the following categories of persons:’;

                                       (ii)

                                       in point (a), the following words shall be added:
                                       ‘or citizens of the European Union residing in the territory of the Member State of which they are nationals’;

                                       (iii)

                                       in point (j), the following words shall be added:
                                       ‘and the technical crew accompanying them in a professional capacity’;

                                       (iv)

                                       the following points shall be added:

                                                   ‘(p)

                                                   participants aged 25 years or less in seminars, conferences, sports, cultural or educational events, organised by non profit organisations;

                                                   (q)

                                                   representatives of civil society organisations undertaking trips for purposes of educational training, seminars, conferences, including in the framework of exchange programmes;

                                                   (r)

                                                   participants in official European Union cross-border cooperation programmes, such as under the European Neighbourhood and Partnership Instrument (ENPI).’;

                                       (v)

                                       the following subparagraph shall be added:
                                       ‘The first subparagraph shall apply also where the purpose of the journey is transit.’;

                           (b)

                           The following paragraph shall be added:
                           ‘4.   If a Member State cooperates with an external service provider in view of issuing a visa the external service provider may charge a service fee. This fee shall be proportionate to the costs incurred by the external service provider while performing its tasks and shall not exceed EUR 30. The Member States shall maintain the possibility for all applicants to lodge their applications directly at their consulates. The external service provider shall conduct its operations in accordance with the Visa Code and in full respect of Moldovan legislation.’.

               (6)

               The following Article shall be inserted:
               ‘Article 6a
               Lodging of an application without the presence of the applicant
               Member States consulates may waive the requirement to appear in person, when the applicant is known to them for his integrity and reliability, unless the applicant is required to appear in person for the collection of biometric identifiers.’.

               (7)

               Article 8 shall be replaced by the following:
               ‘Article 8
               Departure in the case of lost or stolen documents
               Citizens of the European Union and citizens of the Republic of Moldova who have lost their identity documents, or from whom those documents have been stolen while staying in the territory of the Republic of Moldova or of the Member States, may leave the territory of the Republic of Moldova or of the Member States on the basis of valid identity documents entitling them to cross the border issued by diplomatic missions or consular posts of the Member States or of the Republic of Moldova without any visa or other authorisation.’.

               (8)

               Article 10 shall be amended as follows:

                           (a)

                           The title shall be replaced by the following:

                              ‘Diplomatic and service passports’;

                           (b)

                           Paragraph 2 shall be replaced by the following:
                           ‘2.   Citizens of the Republic of Moldova, holders of valid biometric service passports can enter, leave and transit through the territories of the Member States without visas.’;

                           (c)

                           The following paragraph shall be added:
                           ‘3.   Persons mentioned in paragraphs 1 and 2 may stay in the territories of the Member States for a period not exceeding 90 days per period of 180 days.’.

               (9)

               Article 12(1) shall be amended as follows:

                           (a)

                           In the first sentence, the word ‘Community’ shall be replaced by the word ‘Union’;

                           (b)

                           In the second sentence, the word ‘Community’ shall be replaced by the words ‘European Union’ and the words ‘Commission of the European Communities’ by the words ‘European Commission’.

               (10)

               Article 13 shall be amended as follows:

                           (a)

                           The existing paragraph shall be numbered as paragraph 1;

                           (b)

                           The following paragraph shall be added:
                           ‘2.   The provisions of bilateral Agreements or arrangements between individual Member States and the Republic of Moldova concluded before the entry into force of this Agreement providing for the exemption of the holders of non-biometric service passports from the visa requirement shall continue to apply without prejudice to the right of the Member States concerned or the Republic of Moldova to denounce or suspend these bilateral agreements or arrangements.’.

               (11)

               In Article 14, the following first paragraph shall be inserted:
               ‘The Republic of Moldova may only reintroduce the visa requirement for citizens or certain categories of citizens of all Member States and not for citizens or certain categories of citizens of individual Member States.’.

         Article 2
   This Agreement shall be ratified or approved by the Parties in accordance with their respective procedures and shall enter into force on the first day of the second month following the date on which the last Party notifies the other that the procedures referred to above have been completed.

      Done at Brussels on the twenty-seventh day of June in the year two thousand and twelve, in duplicate in the official languages of the Parties, each of these texts being equally authentic.

         За Европейския съюз
         Por la Unión Europea
         Za Evropskou unii
         For Den Europæiske Union
         Für die Europäische Union
         Euroopa Liidu nimel
         Για την Ευρωπαϊκή Ένωση
         For the European Union
         Pour l'Union européenne
         Per l'Unione europea
         Eiropas Savienības vārdā –
         Europos Sąjungos vardu
         Az Európai Unió részéről
         Għall-Unjoni Ewropea
         Voor de Europese Unie
         W imieniu Unii Europejskiej
         Pela União Europeia
         Pentru Uniunea Europeană
         Za Európsku úniu
         Za Evropsko unijo
         Euroopan unionin puolesta
         För Europeiska unionen
         Pentru Uniunea Europeană

         3a Република Молдова
         Por la República de Moldavia
         Za Moldavskou republiku
         For Republikken Moldova
         Für die Republik Moldau
         Moldova Vabariigi nimel
         Για τη Δημοκρατία της Μολδαβίας
         For the Republic of Moldova
         Pour la République de Moldavie
         Per la Repubblica moldova
         Moldovas Republikas vārdā –
         Moldovos Respublikos vardu
         A Moldovai Köztársaság részéről
         Għar-Repubblika tal-Moldova
         Voor de Republiek Moldavië
         W imieniu Republiki Mołdawii
         Pela República da Moldova
         Pentru Republica Moldova
         Za Moldavskú republiku
         Za Republiko Moldavijo
         Moldovan tasavallan puolesta
         För Republiken Moldavien
         Pentru Republica Moldova

   JOINT DECLARATION ON COOPERATION ON TRAVEL DOCUMENTS
   The Parties agree that the Joint Committee established pursuant to Article 12 of the Agreement, when monitoring the implementation of the Agreement, should evaluate the impact of the level of security of the respective travel documents on the functioning of the Agreement. To that end, the Parties agree to regularly inform each other about the measures taken for avoiding the proliferation of travel documents, developing the technical aspects of travel document security as well as regarding the personalisation process of the issuance of travel documents.
   EUROPEAN UNION DECLARATION ON DOCUMENTS TO BE SUBMITTED WHEN APPLYING FOR SHORT-STAY VISAS
   The European Union will establish a harmonised list of supporting documents, in accordance with Article 48 paragraph 1 lit. a of the Visa Code, in order to ensure that applicants from the Republic of Moldova are required to submit, in principle, the same supporting documents. The European Union will inform the Republic of Moldova in the Committee, when such a list has been established. The European Union will also inform the citizens of the Republic of Moldova in accordance with Article 47 paragraph 1 lit. a of the Visa Code.
   EUROPEAN UNION DECLARATION ON COOPERATION WITH EXTERNAL SERVICE PROVIDERS
   The European Union commits itself to outsource the reception of visa applications only as a last resort, when there are particular circumstances or reasons relating to the local situation, such as where the high number of applicants does not allow the collection of applications and of data to be organised in a timely manner and in decent conditions; or it is not possible to ensure a good territorial coverage of the third country concerned in any other way; and where other forms of cooperation prove not to be appropriate for the Member State concerned.
   EUROPEAN UNION DECLARATION ON FACILITATIONS FOR FAMILY MEMBERS
   The European Union takes note of the suggestion of the Republic of Moldova to give a wider definition to the notion of family members that should benefit from visa facilitation as well as of the importance that the Republic of Moldova attaches to the simplification of movement of this category of persons.
   In order to ease the mobility of an extended number of persons which have family links (in particular sisters and brothers and their children) with citizens of the Republic of Moldova legally residing in the territories of Member States or with citizens of the European Union residing in the territory of the Member State of which they are nationals, the European Union invites the Member States’ consular offices to make full use of the existing possibilities in the Visa Code for facilitating the issuance of visas to this category of persons, including in particular, the simplification of documentary evidence requested for the applicants, exemptions from handling fees and, where appropriate, the issuing of multiple-entry visas.
   JOINT DECLARATION CONCERNING SWITZERLAND AND LIECHTENSTEIN
   The Parties take note of the close relationship between the Union and Switzerland and Liechtenstein, particularly by virtue of the Agreement of 26 October 2004 concerning the association of these countries with the implementation, application and development of the Schengen acquis.
   In such circumstances, it is desirable that the authorities of Switzerland and Liechtenstein and the Republic of Moldova conclude, without delay, bilateral agreements on the facilitation of the issuance of short-stay visas in similar terms as the amended Agreement.


title: 2014/469/EU: Council Decision taken by common accord with the President of the Commission, of 17 July 2014 appointing a Member of the European Commission

text:
               18.7.2014

               EN

               Official Journal of the European Union

               L 212/16

         COUNCIL DECISION
   taken by common accord with the President of the Commission,
   of 17 July 2014
   appointing a Member of the European Commission

      (2014/469/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the second paragraph of Article 246 thereof,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               On 9 February 2010, the European Council adopted Decision 2010/80/EU (2) appointing the European Commission for the period until 31 October 2014.

               (2)

               In a letter dated 18 June 2014, Mr José Manuel DURÃO BARROSO, President of the Commission, informed the Council that Mr Janusz LEWANDOWSKI had resigned from his post as a Member of the Commission with effect from 30 June 2014.

               (3)

               In accordance with the second paragraph of Article 246 of the Treaty on the Functioning of the European Union, a vacancy caused by resignation is to be filled for the remainder of the Member's term of office by a new Member of the same nationality.

               (4)

               A new Member of the Commission should therefore be appointed,

         HAS ADOPTED THIS DECISION:
   Article 1
   By common accord with Mr José Manuel DURÃO BARROSO, President of the Commission, the Council appoints Mr Jacek DOMINIK as Member of the Commission for the remainder of the term of office which runs until 31 October 2014.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 17 July 2014.

            For the Council

            The President

         S. GOZI

      (1)  Opinion of 16 July 2014 (not yet published in the Official Journal).

      (2)  OJ L 38, 11.2.2010, p. 7.


title: Council Decision of 7 November 1974 on the conclusion of the Agreement between the European Economic Community and the Democratic Republic of the Sudan on the supply of common wheat as food aid

text:
5 . 2. 75                      Official Journal of the European Communities                     No L 32/5
                                             COUNCIL DECISION
                                               of 7 November 1974
          on the conclusion of the Agreement between the European Economic Community
          and the Democratic Republic of the Sudan on the supply of common wheat
                                                     as food aid
                                                   (75 /79/EEC)
          THE COUNCIL OF THE EUROPEAN COMMUNITIES,
          Having regard to the Treaty establishing the European Economic Community, and
          in particular Articles 113 , 114 and 228 thereof;
          Having regard to the recommendation from the Commission ;
          Whereas the European Economic Community has concluded the 1971 Food Aid
          Convention ;
          Whereas by its letter of 20 August 1973 , the Democratic Republic of the Sudan has
          requested food aid ;
          Whereas in view of the cereal supply situation in that country the latter should be
           accorded, under the Community food-aid programme for 1973/74, and by way of
          gift, 5 000 metric tons of common wheat,
          HAS DECIDED AS FOLLOWS :
                                                      Article 1
           The Agreement between the European Economic Community and the Democratic
           Republic of the Sudan on the supply of common wheat as food aid is hereby con
           cluded on behalf of the Community.
           The text of the Agreement is annexed to this Decision.
                                                      Article 2
           The President of the Council is hereby authorized to designate the persons empowered
           to sign the Agreement and to confer on them the necessary powers to bind the
           Community.
           Done at Brussels, 7 November 1974.
                                                                        For the Council
                                                                        The President
                                                                         A. JARROT


title: Council Decision (EU) 2016/1995 of 11 November 2016 on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union

text:
               16.11.2016

               EN

               Official Journal of the European Union

               L 308/1

         COUNCIL DECISION (EU) 2016/1995
   of 11 November 2016
   on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 15 July 2013 the Council authorised the Commission to open negotiations with certain other Members of the World Trade Organization under Article XXIV:6 of the General Agreement on Tariffs and Trade (GATT) 1994, in the course of the accession to the Union of the Republic of Croatia.

               (2)

               Negotiations were conducted by the Commission in accordance with the negotiating directives adopted by the Council.

               (3)

               Those negotiations have been concluded and an Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of the GATT 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (the ‘Agreement’) was initialled on 12 July 2016.

               (4)

               The Agreement should be signed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement in the form of an Exchange of Letters between the European Union and the Federative Republic of Brazil pursuant to Article XXIV:6 and Article XXVIII of GATT 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union is hereby authorised, subject to the conclusion of that Agreement (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 11 November 2016.

            For the Council

            The President

         P. ŽIGA

      (1)  The text of the Agreement will be published together with the decision on its conclusion.


Avis juridique important

|

41982D0413

82/413/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 21 June 1982 lifting the suspension of imports of all products originating in Argentina

Official Journal L 177 , 22/06/1982 P. 0002 - 0002

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL  of 21 June 1982  lifting the suspension of imports of all products originating in Argentina  (82/413/ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,  in agreement with the Commission,  HAVE DECIDED AS FOLLOWS:  Article 1  Decisions 82/221/ECSC (1), 82/320/ECSC (2) and 82/324/ECSC (3) suspending imports, with a view to their being put into free circulation in a Member State of the Community, of all products originating in Argentina and covered by the Treaty establishing the European Coal and Steel Community are hereby repealed.  Article 2  This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.  Done at Luxembourg, 21 June 1982.  The President  L. TINDEMANS  (1) OJ No L 102, 16. 4. 1982, p. 3.  (2) OJ No L 136, 18. 5. 1982, p. 2.  (3) OJ No L 146, 25. 5. 1982, p. 2.


title: 2014/471/EU: Council Decision taken by common accord with the President of the Commission, of 17 July 2014 appointing a Member of the European Commission

text:
               18.7.2014

               EN

               Official Journal of the European Union

               L 212/18

         COUNCIL DECISION
   taken by common accord with the President of the Commission,
   of 17 July 2014
   appointing a Member of the European Commission

      (2014/471/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the second paragraph of Article 246 thereof,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               On 9 February 2010, the European Council adopted Decision 2010/80/EU (2) appointing the European Commission for the period until 31 October 2014.

               (2)

               In a letter dated 18 June 2014, Mr José Manuel DURÃO BARROSO, President of the Commission, informed the Council that Ms Viviane REDING had resigned from her post as a Member of the Commission with effect from 30 June 2014.

               (3)

               In accordance with the second paragraph of Article 246 of the Treaty on the Functioning of the European Union, a vacancy caused by resignation is to be filled for the remainder of the Member's term of office by a new Member of the same nationality.

               (4)

               A new Member of the Commission should therefore be appointed,

         HAS ADOPTED THIS DECISION:
   Article 1
   By common accord with Mr José Manuel DURÃO BARROSO, President of the Commission, the Council appoints Ms Martine REICHERTS as Member of the Commission for the remainder of the term of office which runs until 31 October 2014.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 17 July 2014.

            For the Council

            The President

         S. GOZI

      (1)  Opinion of 16 July 2014 (not yet published in the Official Journal).

      (2)  OJ L 38, 11.2.2010, p. 7.


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31980D0986

80/986/EEC: Council Decision of 20 October 1980 appointing two alternate members of the Advisory Committee on Safety, Hygiene and Health Protection at Work

Official Journal L 283 , 28/10/1980 P. 0022

****( 1 ) OJ NO L 185 , 9 . 7 . 1974 , P . 15 .    COUNCIL DECISION   OF 20 OCTOBER 1980   APPOINTING TWO ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK  ( 80/986/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE COUNCIL DECISION OF 27 JUNE 1974 ON THE SETTING UP OF AN ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK ( 1 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 23 NOVEMBER 1978 APPOINTING THE FULL MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK FOR THE PERIOD ENDING ON 22 NOVEMBER 1981 ,   WHEREAS TWO ALTERNATE MEMBERS '  SEATS IN THE EMPLOYERS ' REPRESENTATIVES CATEGORY OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK HAVE FALLEN VACANT FOLLOWING THE RESIGNATION OF MR PETRIE AND MR DEWSBURY , NOTIFIED TO THE COUNCIL ON 1 OCTOBER 1980 ;   HAVING REGARD TO THE CANDIDATES PROPOSED ON 1 OCTOBER 1980 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MISS A . MACKIE AND MR R . F . EBERLIE ARE HEREBY APPOINTED ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK IN PLACE OF MR PETRIE AND MR DEWSBURY FOR THE REMAINDER OF THEIR TERM OF OFFICE , WHICH RUNS UNTIL 22 NOVEMBER 1981 .   DONE AT LUXEMBOURG , 20 OCTOBER 1980 .   FOR THE COUNCIL   THE PRESIDENT   J . SANTER


title: 2013/129/EU: Council Decision of 7 March 2013 on subjecting 4-methylamphetamine to control measures

text:
               15.3.2013

               EN

               Official Journal of the European Union

               L 72/11

         COUNCIL DECISION
   of 7 March 2013
   on subjecting 4-methylamphetamine to control measures
   (2013/129/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2005/387/JHA of 10 May 2005 on the information exchange, risk-assessment and control of new psychoactive substances (1), and in particular Article 8(3) thereof,
   Having regard to the initiative of the European Commission,
   Whereas:

               (1)

               A risk assessment report on 4-methylamphetamine was drawn up on the basis of Article 6 of Decision 2005/387/JHA by a special session of the extended Scientific Committee of the European Monitoring Centre for Drugs and Drug Addiction, and was subsequently received by the Commission on 29 November 2012.

               (2)

               4-methylamphetamine is a synthetic ring-methylated derivative of amphetamine which has predominantly been seized in powder and paste form in samples containing amphetamine and caffeine, but which has also appeared in tablet and liquid form. It has emerged on the illicit amphetamine market where it is sold and used as the controlled drug, amphetamine. There has been one report of the substance being detected in a commercial product sold on the internet. The main chemical precursor for the synthesis of 4-methylamphetamine is 4-methylbenzyl methyl ketone (4-methyl-BMK), which appears to be commercially available on the internet and is not controlled under the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

               (3)

               The specific physical effects of 4-methylamphetamine have been rarely reported by users, since users are typically unaware that they have taken the substance. However, the few reports that are available suggest that it has stimulant-type effects. Limited data available relating to humans suggest that the adverse effects of 4-methylamphetamine include hyperthermia, hypertension, anorexia, nausea, perspiration, gastric distress, coughing, vomiting, headache, palpitations, insomnia, paranoia, anxiety and depression. Current data is not sufficient to determine the relative dependence-producing potential of the substance.

               (4)

               According to the limited data sources available, the acute toxicity of 4-methylamphetamine is similar to that of other stimulants. Certain evidence suggests that a combination of 4-methylamphetamine with other substances, including amphetamine and caffeine, may result in a higher risk of overall enhanced toxicity.

               (5)

               There have been a total of 21 fatalities registered in four Member States where 4-methylamphetamine alone, or in combination with one or more substances, especially amphetamine, has been detected in post-mortem samples. While it is not possible to determine with certainty from the information available the role of 4-methylamphetamine in those fatalities, in some cases the substance was the predominant drug detected, with levels comparable to those found in certain cases of death caused by the consumption of amphetamine.

               (6)

               4-methylamphetamine has been detected in 15 Member States, while one Member State has reported the manufacture of the substance on its territory. Prevalence specific to 4-methylamphetamine is difficult to estimate. There is no information on specific demand for the substance from user groups and it is not commercially marketed through internet shops.

               (7)

               The information available suggests that 4-methylamphetamine is produced and distributed by the same organised crime groups that are involved in the manufacture and trafficking of amphetamine.

               (8)

               4-methylamphetamine has no known, established or acknowledged medical value or use in the Union and there is no marketing authorisation for the substance in the Union. Apart from its use as an analytical reference standard and in scientific research, there is no indication that it may be used for any other legitimate purpose.

               (9)

               4-methylamphetamine is not currently under assessment and has not been under assessment by the United Nations system. Eight Member States control the substance under drug control legislation by virtue of their obligations under the 1971 United Nations Convention on Psychotropic Substances. Two other Member States apply the generic definition of phenethylamine in their national legislation to the product while one Member State controls it under its medicines legislation.

               (10)

               The risk assessment report reveals that there is limited scientific evidence available on the characteristics and risks of 4-methylamphetamine and points out that further studies are required on the overall health and social risks associated with the substance. However, the evidence available provides sufficient grounds for subjecting 4-methylamphetamine to control measures across the Union. As a result of the health risks it poses, as documented in its detection in several reported fatalities, especially when used in combination with other substances; its strong resemblance in terms of appearance and effects with amphetamine; the fact that users may unknowingly consume the substance and its limited medical value or use, 4-methylamphetamine should be subjected to control measures across the Union.

               (11)

               Since 10 Member States already control 4-methylamphetamine, subjecting it to control measures across the Union may help avoid problems in cross-border law enforcement and judicial cooperation.

               (12)

               Union-wide control measures may also help prevent 4-methylamphetamine developing as an alternative to amphetamine in the illicit drug markets,

         HAS ADOPTED THIS DECISION:
   Article 1
   The new psychoactive substance, 4-methylamphetamine, is hereby subjected to control measures across the Union.
   Article 2
   By 17 March 2014, Member States shall take the necessary measures, in accordance with their national law, to subject 4-methylamphetamine to control measures and criminal penalties, as provided for under their legislation complying with their obligations under the 1971 United Nations Convention on Psychotropic Substances.
   Article 3
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 7 March 2013.

            For the Council

            The President

         A. SHATTER

      (1)  OJ L 127, 20.5.2005, p. 32.


title: 2009/202/EC: Decision of the European Parliament of 22 April 2008 on the closure of the accounts of the European Centre for the Development of Vocational Training for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/117

      DECISION OF THE EUROPEAN PARLIAMENT

   of 22 April 2008
   on the closure of the accounts of the European Centre for the Development of Vocational Training for the financial year 2006
   (2009/202/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Centre for the Development of Vocational Training for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Centre for the Development of Vocational Training for the financial year 2006, together with the Centre's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EEC) No 337/75 of the Council of 10 February 1975 establishing a European Centre for the Development of Vocational Training (4), and in particular Article 12a 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 (5), and in particular Article 94 thereof,
   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 and the opinion of the Committee on Employment and Social Affairs (A6-0110/2008),

               1.

               Notes that the final annual accounts of the European Centre for the Development of Vocational Training are as annexed to the Court of Auditors' report;

               2.

               Approves the closure of the accounts of the European Centre for the Development of Vocational Training for the financial year 2006;

               3.

               Instructs its President to forward this Decision to the Director of the European Centre for the Development of Vocational Training, 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

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 261, 31.10.2007, p. 46.

      (2)  OJ C 309, 19.12.2007, p. 86.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 39, 13.2.1975, p. 1.

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


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32003D0144

2003/144/EC: Council Decision of 18 February 2003 appointing a member of the Committee of the Regions

Official Journal L 055 , 01/03/2003 P. 0054 - 0054

Council Decisionof 18 February 2003appointing a member of the Committee of the Regions(2003/144/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Portuguese Government,Whereas:(1) On 22 January 2002 the Council adopted Decision 2002/60/EC(1) appointing the members and alternate members of the Committee of the Regions.(2) The seat of a member of the Committee of the Regions has become vacant following the resignation of Mr Isaltino MORAIS, of which the Council was notified on 28 January 2003,HAS DECIDED AS FOLLOWS:Sole ArticleMr António Paulino SILVA PAIVA is hereby appointed a member of the Committee of the Regions in place of Mr Isaltino MORAIS for the remainder of his term of office, which expires on 25 January 2006.Done at Brussels, 18 February 2003.For the CouncilThe PresidentN. Christodoulakis(1) OJ L 24, 26.1.2002, p. 38.


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31995D0225

95/225/EC: European Parliament Decision of 5 April 1995 giving discharge to the Commission in respect of the financial management of the fifth European Development Fund for the 1993 financial year

Official Journal L 141 , 24/06/1995 P. 0079 - 0079

EUROPEAN PARLIAMENT DECISION of 5 April 1995 giving discharge to the Commission in respect of the financial management of the fifth European Development Fund for the 1993 financial year (95/225/EC) THE EUROPEAN PARLIAMENT,- having regard to the EC Treaty,- having regard to the second ACP-EEC Convention (1),- having regard to the balance sheets and revenue and expenditure accounts of the fifth, sixth and seventh European Development Funds for the 1993 financial year (COM(94) 0365),- having regard to the report of the Court of Auditors concerning the 1993 financial year and the replies of the institutions (2),- having regard to the Council recommendation of 20 March 1995 (C4-0101/95),- having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (A4-0060/95),1. Gives discharge to the Commission in respect of the financial management of the fifth European Development Fund for the 1993 financial year on the basis of the following amounts:>TABLE>2. Records its observations in the resolution which forms part of this Decision;3. Instructs its President to forward this Decision and the resolution containing its observations to the Commission, the Council, the Court of Auditors and European Investment Bank and to have them published in the Official Journal of the European Communities (L series).The Secretary-GeneralEnrico VINCIThe PresidentKlaus HÄNSCH(1) OJ No L 347, 22. 12. 1980.(2) OJ No C 327, 24. 11. 1994.RESOLUTION containing the observations which form part of the Decisions giving discharge to the Commission in respect of the financial management of the fifth, sixth and seventh European Development Funds for the 1993 financial year THE EUROPEAN PARLIAMENT,- having regard to Articles 137 and 206 of the EC Treaty,- having regard to Articles 70, 73 and 77 of the Financial Regulations applicable respectively to the fifth, sixth and seventh European Development Funds (EDFs), under which the Commission is required to take all appropriate steps to act on the observations appearing in discharge Decisions,- having regard to the forthcoming review of the Lomé Convention and the establishment of the eighth European Development Fund,- having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (A4-0060/95),General 1. Endorses the basic concept of the EDFs as multilateral development funds, this being the most effective and equitable method for the provisions of long-term structural development aid; notes in this context that the current provisions for the financing of the EDFs do not correspond to this concept, and will not do so until the funds are incorporated within the Community budget;Budgetary implementation 2. Continues to be concerned at the slow implementation rate of the EDFs particularly in the field of traditional, project-based aid programmes jointly managed with ACP countries;3. Calls on the Commission to introduce provisions allowing appropriations under national or regional indicative programmes, which remain unused for defined lengths of time following their transfer to subsequent EDFs, to be re-allocated to non-programmable aid programmes;Administration and management 4. Asks the Commission to review all Financial Regulations applying to the EDFs and, following the budgetization of the EDFs, of the general Community Financial Regulation, to adapt their provisions more closely to the circumstances of the implementation of the EDFs;5. Calls on the Commission to report to the Parliament in its report on the follow-up to the present discharge Decisions on all the changes made to its EDF financial management and accounting systems as a result of the observations of the Court of Auditors in its 1993 annual report (1);6. Calls on the Commission, within the context of a process of management decentralization, to delegate decision-making powers and responsibility for defined aspects of financial management to its delegations in ACP countries; asks the Commission in this connection to review its staffing policy in the delegations, and, in any event, to ensure that they are fully staffed;7. Calls on the Commission, the European Investment Bank and the Court of Auditors to cooperate in carrying out regular and frequent on-the-spot audit checks of operations managed under mandate by the European Investment Bank (EIB);8. Asks the Court of Auditors to give summary details of all on-the-spot audit visits carried out in preparation of its annual report on EDF expenditure as an annex to the relevant chapter in the annual report;9. Acknowledges and welcomes the efforts made by the Commission since 1993 to improve its financial management and accounting systems for the EDF and the progress thus made;10. Recognizes that the Court of Auditors has discovered a certain number of discrepancies in the EDF accounts and notes that the Commission has acknowledged these; expects these errors to be corrected in the 1994 accounts, the legality and regularity of which the Court of Auditors will for the first time be required to certify in its Statement of Assurance;Structural adjustment 11. Stresses the importance of the respect for democratic practice as a precondition for the provision of assistance under the Structural Adjustment Facility, and the crucial importance of the Community taking all possible action to alleviate the serious adverse social consequences caused by structural reforms;12. Finds that counterpart funds created under the sixth EDF are not being used in accordance with the Community's stated priorities for the health and education sectors; asks the Commission, in spite of the notable improvements visible in this context in the seventh EDF, to bring to bear its influence with ACP Governments to ensure that the health and eduction sectors are suitably funded by the counterpart funds;13. Asks the Commission to provide the European Parliament, by 30 September 1995, with a report giving an evaluation of the results achieved so far by the Structural Adjustment Facility, and by the counterpart funds generated by it, including details of the criteria used to carry out that evaluation;14. Asks the Court of Auditors to include in the relevant chapter of its next annual report an evaluation of the results achieved so far by the Structural Adjustment Facility, including details of the criteria used to carry out that evaluation;Stabex 15. Expresses its concern over the continuing impasse between the Commission and the ACP States over the question of Stabex finance; asks the Commission to ensure that the ACP States respect their obligations relating to the mutual obligation frameworks; also asks the Commission thoroughly to review the entire operation of the Stabex system within the context of the new EDFs;EDF finance for UN operations 16. Reaffirms its insistence that EDF funds must only be applied for purposes for which there is a clear legal basis in the Lomé Conventions.(1) OJ No C 327, 24. 11. 1994.


title: 2011/286/EU: Decision of the European Parliament and of the Council of 2 May 2011 on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

text:
               19.5.2011

               EN

               Official Journal of the European Union

               L 132/13

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 2 May 2011
   on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
   (2011/286/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 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 European Commission,
   Whereas:

               (1)

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

               (2)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.

               (3)

               Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.

               (4)

               Poland, Slovakia, Hungary, the Czech Republic, Croatia and Romania submitted their application to mobilise the Fund, concerning disaster caused by landslides and heavy flooding,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2011, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 182 388 893 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 2 May 2011.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         CSÉFALVAY Z.

      (1)  OJ C 139, 14.6.2006, p. 1.

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


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31979D0084

79/84/EEC: Council Decision of 15 January 1979 appointing the members of the Management Board of the European Centre for the Development of Vocational Training

Official Journal L 018 , 25/01/1979 P. 0023 - 0024

****( 1 ) OJ NO L 39 , 13 . 2 . 1975 , P . 1 .      COUNCIL DECISION   OF 15 JANUARY 1979   APPOINTING THE MEMBERS OF THE MANAGEMENT BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING  ( 79/84/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 337/75 OF 10 FEBRUARY 1975 ESTABLISHING A EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING , AND IN PARTICULAR ARTICLE 4 THEREOF ( 1 ),   HAVING REGARD TO THE LIST OF CANDIDATES SUBMITTED BY EACH OF THE MEMBER STATES AND BY THE COMMISSION AS REGARDS WORKERS '  TRADE UNION ORGANIZATIONS AND EMPLOYERS ' PROFESSIONAL ORGANIZATIONS ,   WHEREAS , BY ITS DECISION OF 16 OCTOBER 1975 THE COUNCIL APPOINTED THE MEMBERS OF THE MANAGEMENT BOARD OF THE CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING FOR THE PERIOD FROM 16 OCTOBER 1975 TO 15 OCTOBER 1978 ;   WHEREAS THE MEMBERS OF THE MANAGEMENT BOARD OF THE CENTRE SHALL BE APPOINTED ;   WHEREAS IT IS FOR THE COMMISSION TO APPOINT ITS OWN REPRESENTATIVES ON THE MANAGEMENT BOARD ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   THE FOLLOWING ARE HEREBY APPOINTED AS MEMBERS OF THE MANAGEMENT BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING FOR THE PERIOD FROM 15 JANUARY 1979 TO 14 JANUARY 1982 :    I . GOVERNMENT REPRESENTATIVES   //  BELGIUM : //  MR JEAN DEQUAN // DENMARK : //  MR NIELS HUMMELUHR // GERMANY : //  MR HORST LEMKE // FRANCE : //  MR CLAUDE BLONDEL // IRELAND : //  MR JOHN A . AGNEW // ITALY : //  DOTT . NICOLA FIORE // LUXEMBOURG : //  MR NICHOLAS ESTGEN // NETHERLANDS : //  MR A . H . KOELINK // UNITED KINGDOM : //  DR . R . M . JOHNSON //     II . TRADE UNION REPRESENTATIVES   //  BELGIUM : //  MR G . SAUVAGE // DENMARK : //  MR J . HANSEN // GERMANY : //  MRS M . WEBER // FRANCE : //  MR R . LEBESCOND // IRELAND : //  MR F . KENNEDY // ITALY : //  MR E . VERCELLINO // LUXEMBOURG : //  MR JEAN REGENWETTER // NETHERLANDS : //  MR P . H . HUGENHOLTZ // UNITED KINGDOM : //  MR F . JARVIS //   III . REPRESENTATIVES OF EMPLOYERS '  ORGANIZATIONS   //  BELGIUM : //  MR FRANCIS BUCHET // DENMARK : //  MR ERIK TOETTRUP // GERMANY : //  MR HELMUT BRUMHARD // FRANCE : //  MR YVES CORPET // IRELAND : //  MR TONY BROWN // ITALY : //  MR VINCENZO ROMANO // LUXEMBOURG : //  MR MUELLER // NETHERLANDS : //  MR JAN WESTERHUYS // UNITED KINGDOM : //  MR WILLIAM G . T . THORPE //   DONE AT BRUSSELS , 15 JANUARY 1979 .   FOR THE COUNCIL   THE PRESIDENT   J . FRANCOIS-PONCET


title: 2014/31/EU: Decision of the European Central Bank of 29 August 2013 laying down the terms and conditions for transfers of the European Central Bank’s capital shares between the national central banks and for the adjustment of the paid-up capital (ECB/2013/29)

text:
               21.1.2014

               EN

               Official Journal of the European Union

               L 16/55

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 29 August 2013
   laying down the terms and conditions for transfers of the European Central Bank’s capital shares between the national central banks and for the adjustment of the paid-up capital
   (ECB/2013/29)
   (2014/31/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 Article 28.5 thereof,
   Whereas:

               (1)

               Decision ECB/2013/28 of 29 August 2013 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (1) provides for the adjustment of the weightings assigned to the national central banks (NCBs) in the key for subscription to the European Central Bank’s (ECB’s) capital (hereinafter the ‘capital key weightings’ and the ‘capital key’ respectively). This adjustment requires the Governing Council to determine the terms and conditions for transfers of capital shares between the NCBs that are members of the European System of Central Banks (ESCB) on 31 December 2013 in order to ensure that the distribution of these shares corresponds to the adjustments made. Accordingly, the adoption of a new decision is required that repeals Decision ECB/2013/18 of 21 June 2013 laying down the terms and conditions for transfers of the European Central Bank’s capital shares between the national central banks and for the adjustment of the paid-up capital (2) with effect from 1 January 2014.

               (2)

               Decision ECB/2013/30 of 29 August 2013 on the paying-up of the European Central Bank’s capital by the national central banks of Member States whose currency is the euro (3) determines how and to what extent the NCBs of the Member States whose currency is the euro (hereinafter ‘euro area NCBs’) are under an obligation to pay up the ECB’s capital in view of the adjusted capital key. Decision ECB/2013/31 of 30 August 2013 on the paying-up of the European Central Bank’s capital by the non-euro area national central banks (4) determines the percentage that the NCBs of the Member States whose currency is not the euro (hereinafter ‘non-euro area NCBs’) are under an obligation to pay up with effect from 1 January 2014 in view of the adjusted capital key.

               (3)

               The euro area NCBs, with the exception of Latvijas Banka, have already paid up their shares in the ECB’s subscribed capital as required under Decision ECB/2013/19 of 21 June 2013 on the paying-up of the European Central Bank’s capital by the national central banks of Member States whose currency is the euro (5). In view of this, Article 2(1) of Decision ECB/2013/30 states that euro area NCBs should either transfer an additional amount to the ECB, or receive an amount back from the ECB, as appropriate, in order to arrive at the amounts shown in the table in Article 1 of Decision ECB/2013/30.

               (4)

               Furthermore, a separate decision of the Governing Council on the paying-up of capital, transfer of foreign reserve assets and contributions by Latvijas Banka to the European Central Bank’s reserves and provisions will lay down that Latvijas Banka, which will be a euro-area NCB from 1 January 2014, is under an obligation to pay up the remaining share of its subscription to the ECB’s capital in order to arrive at the amount shown next to its name in the table in Article 1 of Decision ECB/2013/30, taking into account the adjusted capital key.

               (5)

               Likewise, the non-euro area NCBs have already paid up a percentage of their shares in the ECB’s subscribed capital as required under Decision ECB/2013/20 of 21 June 2013 on the paying-up of the European Central Bank’s capital by the non-euro area national central banks (6). In view of this, Article 2(1) of Decision ECB/2013/31 states that each of them should either transfer an additional amount to the ECB, or receive an amount back from the ECB, as appropriate, in order to arrive at the amounts shown in the third column of the table in Article 1 of Decision ECB/2013/31,

         HAS ADOPTED THIS DECISION:
   Article 1
   Transfer of capital shares
   Given the share in the ECB’s capital that each NCB will have subscribed on 31 December 2013, and the share in the ECB’s capital that each NCB will subscribe with effect from 1 January 2014 as a consequence of the adjustment of the capital key weightings laid down in Article 2 of Decision ECB/2013/28, the NCBs shall transfer capital shares among themselves via transfers to and from the ECB to ensure that the distribution of capital shares with effect from 1 January 2014 corresponds to the adjusted weightings. To this effect, each NCB shall, by virtue of this Article and without the need for any further formality or act, be deemed to have either transferred or received with effect from 1 January 2014 the share in the ECB’s subscribed capital shown next to its name in the fourth column of the table in Annex I to this Decision, whereby ‘+’ shall refer to a capital share that the ECB shall transfer to the NCB and ‘–’ to a capital share that the NCB shall transfer to the ECB.
   Article 2
   Adjustment of the paid-up capital
   1.   Given the amount of the ECB’s capital that each NCB has paid up and the amount of the ECB’s capital that each NCB shall pay up with effect from 1 January 2014 pursuant to Article 1 of Decision ECB/2013/30 for the euro area NCBs and Article 1 of Decision ECB/2013/31 for the non-euro area NCBs respectively, on the first operating day of the Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) following 1 January 2014 each NCB shall either transfer or receive the net amount shown next to its name in the fourth column of the table in Annex II to this Decision, whereby ‘+’ shall refer to an amount that the NCB shall transfer to the ECB and ‘–’ to an amount that the ECB shall transfer to that NCB.
   2.   On the first TARGET2 operating day following 1 January 2014, the ECB and the NCBs that are under an obligation to transfer an amount under paragraph 1 shall each separately transfer any interest on the respective amounts due accruing over the period from 1 January 2014 until the date of the transfer. The transferors and recipients of this interest shall be the same as the transferors and recipients of the amounts on which the interest accrues.
   Article 3
   General provisions
   1.   The transfers described in Article 2 shall take place through TARGET2.
   2.   Where an NCB does not have access to TARGET2, the amounts described in Article 2 shall be transferred by crediting an account that the ECB or NCB shall nominate in due time.
   3.   Any interest accruing under Article 2(2) shall be calculated on a daily basis, using the actual over-360-day method of calculation, at a rate equal to the latest available marginal interest rate used by the Eurosystem in its tenders for main refinancing operations.
   4.   The ECB and the NCBs that are under an obligation to make a transfer under Article 2 shall, in due course, give the necessary instructions for duly executing such transfer on time.
   Article 4
   Entry into force and repeal
   1.   This Decision shall enter into force on 1 January 2014.
   2.   Decision ECB/2013/18 is repealed with effect from 1 January 2014.
   3.   References to Decision ECB/2013/18 shall be construed as being made to this Decision.

      Done at Frankfurt am Main, 29 August 2013.

            The President of the ECB

         Mario DRAGHI

      (1)  See page 53 of this Official Journal.

      (2)  OJ L 187, 6.7.2013, p. 17.

      (3)  See page 61 of this Official Journal.

      (4)  See page 63 of this Official Journal.

      (5)  OJ L 187, 6.7.2013, p. 23.

      (6)  OJ L 187, 6.7.2013, p. 25.

      ANNEX I

         NCBs’ SUBSCRIBED CAPITAL

                  (in EUR)

                  Share subscribed on 31 December 2013

                  Share subscribed from 1 January 2014

                  Share to be transferred

                     Euro area NCB

                  Nationale Bank van België/Banque Nationale de Belgique

                  261 705 370,91

                  268 222 025,17

                  6 516 654,26

                  Deutsche Bundesbank

                  2 030 803 801,28

                  1 948 208 997,34

                  –82 594 803,94

                  Eesti Pank

                  19 268 512,58

                  20 870 613,63

                  1 602 101,05

                  Central Bank of Ireland

                  120 276 653,55

                  125 645 857,06

                  5 369 203,51

                  Bank of Greece

                  210 903 612,74

                  220 094 043,74

                  9 190 431,00

                  Banco de España

                  893 420 308,48

                  957 028 050,02

                  63 607 741,54

                  Banque de France

                  1 530 028 149,23

                  1 534 899 402,41

                  4 871 253,18

                  Banca d’Italia

                  1 348 471 130,66

                  1 332 644 970,33

                  –15 826 160,33

                  Central Bank of Cyprus

                  14 429 734,42

                  16 378 235,70

                  1 948 501,28

                  Latvijas Banka

                  29 682 169,38

                  30 537 344,94

                  855 175,56

                  Banque centrale du Luxembourg

                  18 824 687,29

                  21 974 764,35

                  3 150 077,06

                  Central Bank of Malta

                  6 873 879,49

                  7 014 604,58

                  140 725,09

                  De Nederlandsche Bank

                  429 352 255,40

                  433 379 158,03

                  4 026 902,63

                  Oesterreichische Nationalbank

                  209 680 386,94

                  212 505 713,78

                  2 825 326,84

                  Banco de Portugal

                  190 909 824,68

                  188 723 173,25

                  –2 186 651,43

                  Banka Slovenije

                  35 397 773,12

                  37 400 399,43

                  2 002 626,31

                  Národná banka Slovenska

                  74 486 873,65

                  83 623 179,61

                  9 136 305,96

                  Suomen Pankki

                  134 836 288,06

                  136 005 388,82

                  1 169 100,76

                     Non-euro area NCB

                  Българска народна банка (Bulgarian National Bank)

                  93 571 361,11

                  92 986 810,73

                  – 584 550,38

                  Česká národní banka

                  157 384 777,79

                  174 011 988,64

                  16 627 210,85

                  Danmarks Nationalbank

                  159 712 154,31

                  161 000 330,15

                  1 288 175,84

                  Hrvatska narodna banka

                  64 354 667,03

                  65 199 017,58

                  844 350,55

                  Lietuvos bankas

                  44 306 753,94

                  44 728 929,21

                  422 175,27

                  Magyar Nemzeti Bank

                  148 735 597,14

                  149 363 447,55

                  627 850,41

                  Narodowy Bank Polski

                  525 889 668,45

                  554 565 112,18

                  28 675 443,73

                  Banca Națională a României

                  264 660 597,84

                  281 709 983,98

                  17 049 386,14

                  Sveriges Riksbank

                  244 775 059,86

                  246 041 585,69

                  1 266 525,83

                  Bank of England

                  1 562 265 020,29

                  1 480 243 941,72

                  –82 021 078,57

                  Total (1)

                  10 825 007 069,61

                  10 825 007 069,61

                  0,00

         (1)  Due to rounding, totals may not correspond to the sum of all figures shown.

      ANNEX II

         NCBs’ PAID-UP CAPITAL

                  (in EUR)

                  Share paid up on 31 December 2013

                  Share paid up from 1 January 2014

                  Amount of transfer payment

                     Euro area NCB

                  Nationale Bank van België/Banque Nationale de Belgique

                  261 705 370,91

                  268 222 025,17

                  6 516 654,26

                  Deutsche Bundesbank

                  2 030 803 801,28

                  1 948 208 997,34

                  –82 594 803,94

                  Eesti Pank

                  19 268 512,58

                  20 870 613,63

                  1 602 101,05

                  Central Bank of Ireland

                  120 276 653,55

                  125 645 857,06

                  5 369 203,51

                  Bank of Greece

                  210 903 612,74

                  220 094 043,74

                  9 190 431,00

                  Banco de España

                  893 420 308,48

                  957 028 050,02

                  63 607 741,54

                  Banque de France

                  1 530 028 149,23

                  1 534 899 402,41

                  4 871 253,18

                  Banca d’Italia

                  1 348 471 130,66

                  1 332 644 970,33

                  –15 826 160,33

                  Central Bank of Cyprus

                  14 429 734,42

                  16 378 235,70

                  1 948 501,28

                  Latvijas Banka

                  1 113 081,35

                  30 537 344,94

                  29 424 263,59

                  Banque centrale du Luxembourg

                  18 824 687,29

                  21 974 764,35

                  3 150 077,06

                  Central Bank of Malta

                  6 873 879,49

                  7 014 604,58

                  140 725,09

                  De Nederlandsche Bank

                  429 352 255,40

                  433 379 158,03

                  4 026 902,63

                  Oesterreichische Nationalbank

                  209 680 386,94

                  212 505 713,78

                  2 825 326,84

                  Banco de Portugal

                  190 909 824,68

                  188 723 173,25

                  –2 186 651,43

                  Banka Slovenije

                  35 397 773,12

                  37 400 399,43

                  2 002 626,31

                  Národná banka Slovenska

                  74 486 873,65

                  83 623 179,61

                  9 136 305,96

                  Suomen Pankki

                  134 836 288,06

                  136 005 388,82

                  1 169 100,76

                     Non-euro area NCB

                  Българска народна банка (Bulgarian National Bank)

                  3 508 926,04

                  3 487 005,40

                  –21 920,64

                  Česká národní banka

                  5 901 929,17

                  6 525 449,57

                  623 520,40

                  Danmarks Nationalbank

                  5 989 205,79

                  6 037 512,38

                  48 306,59

                  Hrvatska narodna banka

                  2 413 300,01

                  2 444 963,16

                  31 663,15

                  Lietuvos bankas

                  1 661 503,27

                  1 677 334,85

                  15 831,58

                  Magyar Nemzeti Bank

                  5 577 584,89

                  5 601 129,28

                  23 544,39

                  Narodowy Bank Polski

                  19 720 862,57

                  20 796 191,71

                  1 075 329,14

                  Banca Națională a României

                  9 924 772,42

                  10 564 124,40

                  639 351,98

                  Sveriges Riksbank

                  9 179 064,74

                  9 226 559,46

                  47 494,72

                  Bank of England

                  58 584 938,26

                  55 509 147,81

                  –3 075 790,45

                  Total (1)

                  7 653 244 410,99

                  7 697 025 340,21

                  43 780 929,22

         (1)  Due to rounding, totals may not correspond to the sum of all figures shown.


Avis juridique important

|

32001D0704

2001/704/EC: Commission Decision of 26 September 2001 repealing Decision 97/150/EC on the setting-up of a European consultative forum on the environment and sustainable development (notified under document number C(2001) 2863)

Official Journal L 258 , 27/09/2001 P. 0020 - 0020

Commission Decisionof 26 September 2001repealing Decision 97/150/EC on the setting-up of a European consultative forum on the environment and sustainable development(notified under document number C(2001) 2863)(2001/704/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) The European consultative forum on the environment and sustainable development was created by the Commission by Decision 97/150/EC(1).(2) The members of the European consultative forum on the environment and sustainable development were appointed by the Commission through Decision 97/307/EC(2).(3) The Commission put forward a proposal for the sixth environmental action programme(3) on 24 January 2001 and a strategy for sustainable development(4) on 15 May 2001.(4) In its proposal for a European Union strategy for sustainable development to the Göteborg European Council the Commission committed itself to establishing a sustainable development round table which will report directly to the Commission President.(5) Under these circumstances it is appropriate to close the European consultative forum on the environment and sustainable development which has fulfilled its advisory role in a satisfactory way during its term,HAS DECIDED AS FOLLOWS:Article 1Decision 97/150/EC is repealed.Article 2This Decision shall take effect on the day of adoption by the Commission.Done at Brussels, 26 September 2001.For the CommissionMargot WallströmMember of the Commission(1) OJ L 58, 27.2.1997, p. 48.(2) OJ L 131, 23.5.1997, p. 28.(3) OJ C 154, 29.5.2001.(4) Com(2001) 264, 15.5.2001.


               2.9.2016

               EN

               Official Journal of the European Union

               C 324/21

         P8_TA(2015)0087
   Request for defence of the privileges and immunities of Gabriele Albertini
   European Parliament decision of 25 March 2015 on the request for defence of the privileges and immunities of Gabriele Albertini (2014/2096(IMM))
   (2016/C 324/05)

      The European Parliament,

               —

               having regard to the request by Gabriele Albertini of 28 July 2014, announced in plenary on 16 September 2014, for defence of his immunity in connection with criminal proceedings pending before the Court of Brescia (Italy) (ref. 7061/13 R.G.),

               —

               having regard to the request by Gabriele Albertini of 30 July 2014, announced in plenary on 16 September 2014, for reconsideration of the request for defence of his immunity in connection with civil proceedings pending before the Court of Brescia (Italy) (ref. 17851/12 R.G.),

               —

               having regard to the request by Gabriele Albertini received on 17 July 2013, announced in plenary on 9 September 2013, for reconsideration of the request for defence of his immunity in connection with the abovementioned civil proceedings,

               —

               having heard Gabriele Albertini in accordance with Rule 9(5) of its Rules of Procedure,

               —

               having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and to Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013 (1),

               —

               having regard to its decision of 21 May 2013 on the request for defence of the immunity and privileges of Gabriele Albertini (2),

               —

               having regard to its decision of 24 February 2014 on the request for reconsideration of the request for defence of the immunity of Gabriele Albertini (3),

               —

               having regard to Rule 5(2) and Rules 7 and 9 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A8-0058/2015),

               A.

               whereas a former Member of the European Parliament, Gabriele Albertini, has requested the defence of his parliamentary immunity in connection with criminal proceedings pending before an Italian court; whereas he has also requested the reconsideration of the request for defence of his immunity in connection with civil proceedings pending before the same court;

               B.

               whereas the request for defence relates to the allegedly defamatory opinions expressed by Mr Albertini in a written question that he put to the Italian Minister of Justice on 22 October 2012 with a view to establishing whether the conduct of Alfredo Robledo, a prosecutor who had initiated an investigation into facts involving the municipality of Milan and relating to Mr Albertini’s functions as mayor of that city back in 2005, constituted a breach of professional ethics and was hence subject to disciplinary proceedings;

               C.

               whereas the request for reconsideration relates to a writ of summons filed against Mr Albertini before the Court of Brescia by Mr Robledo, in connection with allegedly defamatory statements made by Mr Albertini in a first interview published by the Italian newspaper Il Sole 24 Ore on 26 October 2011 and in a second interview published by the Italian newspaper Corriere della Sera on 19 February 2012;

               D.

               whereas Mr Albertini used very similar, if not altogether identical, expressions in both the written question and the interviews, and whereas the substance of the two sets of proceedings, as also confirmed by Mr Albertini in writing and at his hearing, is the same; whereas the same decision as to whether or not to defend Mr Albertini’s immunity must consequently be taken in respect of both sets of proceedings;

               E.

               whereas both the written question and the interviews took place at a time when Mr Albertini was a Member of the European Parliament;

               F.

               whereas, according to Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament may not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties;

               G.

               whereas, in accordance with Parliament’s established practice, the fact that legal proceedings are of a civil- or administrative-law nature, or contain certain aspects falling under civil or administrative law, does not per se prevent the immunity afforded by that article from applying;

               H.

               whereas, in its decision of 21 May 2013, Parliament considered that the facts of the case, as manifested in the writ of summons and in Mr Albertini’s oral explanation to the Committee on Legal Affairs, indicated that the statements made did not have a direct and obvious connection with Mr Albertini’s performance of his duties as a Member of the European Parliament; whereas Parliament decided, therefore, not to defend Mr Albertini’s immunity;

               I.

               whereas, by letter received on 17 July 2013, Mr Albertini requested reconsideration of the decision of 21 May 2013 not to defend his immunity; whereas by decision of 24 February 2014, Parliament expressed its agreement with the recommendation of the Committee on Legal Affairs not to act on this request in the light of Parliament’s earlier decision of 21 May 2013 not to defend Mr Albertini’s immunity;

               J.

               whereas, by letter of 30 July 2014, Mr Albertini requested reconsideration of the decision of 21 May 2013 for the second time; whereas, in accordance with Rule 9(5) of the Rules of Procedure, Mr Albertini has provided supplementary documents relating to his case on several occasions between September 2014 and March 2015;

               K.

               whereas the Court of Justice has held that a statement made by a Member beyond the precincts of the European Parliament may constitute an opinion expressed in the performance of his or her duties as referred to in Article 8 of the Protocol, taking the view that it is not the place where a statement is made that matters, but the nature and content of the statement (4); whereas, however, the connection between the opinion expressed and the Member’s parliamentary duties must be direct and obvious (5);

               L.

               whereas the new supporting documents submitted by Mr Albertini fail to shed light on the link between the statements he made and his duties as a Member of the European Parliament; whereas, rather, they provide elements which essentially relate to the most recent stages of the legal proceedings in question, to facts which occurred after the interviews and the written question and to their coverage in the press; whereas these elements are supposed to prove that the expressions used are not defamatory in nature and that both civil and criminal proceedings have been initiated out of personal and political hostility towards Mr Albertini;

               M.

               whereas, however, pursuant to Rule 9(7) of the Rules of Procedure, decisions on immunity may not, under any circumstances, pronounce on the guilt or otherwise of the Member nor on whether or not the opinions or acts attributed to him or her justify prosecution, even if, in considering the request, the committee responsible acquires detailed knowledge of the facts of the case; whereas, in accordance with Parliament’s established practice, this provision also applies to civil proceedings;

               N.

               whereas the doctrine of fumus persecutionis — that is, a sufficiently serious and precise suspicion that the case has been brought with the intention of causing political damage to the Member concerned — only applies to immunity cases falling within Article 9 of the Protocol, namely to legal proceedings relating to offences other than those perpetrated by means of opinions expressed or votes cast, which, in turn, are solely covered by Article 8 of the Protocol (6); whereas since Mr Albertini is a former Member of the European Parliament, Article 9 is no longer applicable to his case;

               O.

               whereas, in any event, the present case arises from opinions expressed by a Member, and whereas, in this context, the determining criterion for the enjoyment of immunity under Article 8 of the Protocol is evidence of a direct and obvious link between the opinions in question and the performance of parliamentary duties;

               P.

               whereas no evidence of such a link has been provided in the case in point; whereas, therefore, the earlier conclusion — endorsed twice by Parliament — that Mr Albertini, in making the statements in question, was not acting in the performance of his duties as a Member of the European Parliament continues to hold;

               1.

               Upholds its decisions of 21 May 2013 and of 24 February 2014, respectively, not to defend the immunity and privileges of Gabriele Albertini and not to act on his request for reconsideration as regards the civil proceedings instituted against him;

               2.

               Decides, on the same grounds, not to defend the immunity and privileges of Gabriele Albertini as regards the criminal proceedings instituted against him;

               3.

               Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authority of the Italian Republic and to Gabriele Albertini.

      (1)  Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.

      (2)  Texts adopted, P7_TA(2013)0195.

      (3)  Minutes of 24 February 2014, item 7.

      (4)  Judgment in Patriciello, cited above, paragraph 30.

      (5)  Judgment in Patriciello, cited above, paragraph 35.

      (6)  Judgment in Marra, cited above, paragraph 45.