title: 2006/655/EC: Council Decision of 19 June 2006 on the approval, on behalf of the European Community, of the Protocol on the implementation of the 1991 Alpine Convention in the field of mountain farming

text:
               30.9.2006

               EN

               Official Journal of the European Union

               L 271/61

         COUNCIL DECISION
   of 19 June 2006
   on the approval, on behalf of the European Community, of the Protocol on the implementation of the 1991 Alpine Convention in the field of mountain farming
   (2006/655/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 37, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The Alpine region is characterised by its wealth of natural resources, including water resources, agricultural potential, historical and cultural heritage, value as regards quality of life and economic and leisure activities not only for the local, but also for other populations. However, the Alpine region is also characterised by difficult living and production conditions for farming activities due to geomorphological and climatic conditions.

               (2)

               The Convention on the protection of the Alps (hereinafter Alpine Convention) was signed on behalf of the European Community on 7 November 1991, approved by Council Decision 96/191/EC of 26 February 1996 (2) and entered into force on 4 April 1998. Pursuant to Article 2(2) and (3) of the Alpine Convention, concrete measures to achieve its goals are laid down in different Protocols, such as the Protocol on Mountain Farming.

               (3)

               The Commission of the European Communities took part in the negotiation of the Mountain Farming Protocol, which is greatly influenced by Community policies and legislation. The European Community signed the Protocol on the implementation of the 1991 Alpine Convention in the field of Mountain Farming (Mountain Farming Protocol) at Chambéry on 20 December 1994.

               (4)

               Under the overarching goal of sustainable development the aim of the Mountain Farming Protocol, provided for in Article 1, is to ensure and promote a form of agriculture in the Alpine region which suits local conditions, is environmentally compatible and makes an essential contribution to the maintenance of populated sites and sustainable economic activities. This includes producing typical high-quality produce, safeguarding the natural environment, protecting against natural risks and conserving the beauty and the value of the traditional countryside. The Contracting Parties should optimise the multifunctional role of mountain farming.

               (5)

               The goals and measures provided for in the Mountain Farming Protocol, such as encouragement of mountain farming and improvement of living conditions, land use, nature-friendly farming, and promotion and marketing and forestry measures, are in line with Community agricultural legislation and policy and in particular with Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (3).

               (6)

               The Mountain Farming Protocol provides a single framework to formulate a cross-border approach which integrates common aims and actions to solve particular problems of the Alpine region.

               (7)

               The Alpine Convention and the Mountain Farming Protocol are relevant for 13 million inhabitants and nearly 6 000 communities in an area of 19 million hectares. The Alps are also of great importance for populations of other regions.

               (8)

               The Alpine Convention together with its implementing Protocols, including the Mountain Farming Protocol, are the first international agreements for a mountain region worldwide and serve as a model for other regions.

               (9)

               The ratification of the Mountain Farming Protocol would confirm the EC's commitment, would be a strong political signal and would strengthen the ecological process in the whole region, which is of high value for Europe.

               (10)

               It is therefore appropriate to approve the Protocol on behalf of the Community,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Protocol on the implementation of the 1991 Alpine Convention in the field of Mountain Farming (Mountain Farming Protocol) is hereby approved on behalf of the Community.
   The text of the Protocol and of the related declarations is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person or persons empowered to deposit, on behalf of the European Community, the instrument of approval in accordance with Article 24 of the Protocol and to deposit the attached declarations.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 19 June 2006.

            For the Council

            The President

         J. PRÖLL

      (1)  Opinion of 13 June 2006 (not yet published in the Official Journal).

      (2)  OJ L 61, 12.3.1996, p. 31.

      (3)  OJ L 277, 21.10.2005, p. 1.
   DECLARATIONS ON BEHALF OF THE EUROPEAN COMMUNITY
   DECLARATION BY THE EUROPEAN COMMUNITY REGARDING ARTICLES 8 AND 9 OF THE PROTOCOL ON MOUNTAIN FARMING
   The European Community recognises the principle of coexistence as the ability of farmers to choose between conventional, organic and genetically modified crop production, in compliance with the legal obligations for GMO labelling and/or purity standards. The relevant articles of the Protocol on Mountain Farming should be interpreted in this light.
   DECLARATION BY THE EUROPEAN COMMUNITY REGARDING ARTICLES 7, 9 TO 11, 13, 14 AND 16 OF THE PROTOCOL ON MOUNTAIN FARMING
   The European Community considers that public support measures in favour of certain enterprises must be in conformity with its rules on competition as established on the basis of Articles 36 and 87 to 89 EC, and not distort or threaten to distort competition and affect trade between contracting parties.
    ---documentbreak---

               30.9.2006

               EN

               Official Journal of the European Union

               L 271/63

         TRANSLATION
   PROTOCOL
   on the implementation of the 1991 Alpine Convention in the field of mountain farming
   Mountain Farming Protocol

      Preamble

   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF AUSTRIA,
   THE FRENCH REPUBLIC,
   THE ITALIAN REPUBLIC,
   THE PRINCIPALITY OF LIECHTENSTEIN,
   THE PRINCIPALITY OF MONACO,
   THE REPUBLIC OF SLOVENIA,
   THE SWISS CONFEDERATION,
   and
   THE EUROPEAN COMMUNITY,
   IN ACCORDANCE WITH their task, arising from the Convention on the Protection of the Alps (Alpine Convention) of 7 November 1991, of pursuing a comprehensive policy for the protection and the sustainable development of the Alpine region,
   IN COMPLIANCE WITH their obligations under Article 2(2) and (3) of the Alpine Convention,
   AWARE that it is incumbent upon them, in the general interest, to preserve and promote the management of traditional countryside and farming which suits local conditions and is environmentally compatible, taking into account the more difficult economic conditions,
   RECOGNISING that, by virtue of its wealth of natural resources, water resources, agricultural potential, historical and cultural heritage, value for quality of life and for economic and leisure activities in Europe and the transport routes crossing it, the Alpine region will continue to be of vital importance, particularly for the local population but also for the population of other regions,
   CONVINCED that the local population must be able to determine its own social, cultural and economic development plan and take part in its implementation in the existing institutional framework,
   CONVINCED that it is necessary to balance the economic interests and the environmental requirements, taking account of the specific features of each region and of the central role of farming,
   CONSIDERING the importance which farming has always had in the Alpine region and the indispensable contribution which this branch of the economy makes, and will continue to make, particularly in mountain regions, as an essential resource for maintaining an adequate population density, food supply for the population, production of typical high-quality produce, conservation and maintenance of the countryside, particularly for tourism, and, finally, protection of the soil against erosion, avalanches and floods,
   RECOGNISING that farming methods and intensity exert a decisive influence on nature and landscapes and that extensively farmed countryside must fulfil an essential function as a habitat for Alpine flora and fauna,
   RECOGNISING the fact that the geomorphology and climate of mountain regions create more difficult living and production conditions for farming activity,
   CONVINCED that certain problems can only be resolved in a cross-border framework and require joint measures on the part of the Alpine States and, in particular, that economic and social adjustment and accompanying measures should be put in place, at national and European level, so that the future of farmers and their farms in mountain regions is not called into question by the application of exclusively economic parameters,
   HAVE AGREED AS FOLLOWS:
   CHAPTER I
   GENERAL PROVISIONS
   Article 1
   Objectives
   1.   This Protocol lays down international measures to preserve and promote mountain farming which suits local conditions and is environmentally compatible; it aims at recognising and securing the continuity of its essential contribution to maintaining the population and safeguarding sustainable economic activities, particularly by means of producing typical high-quality produce, safeguarding the natural environment, preventing natural risks and conserving the beauty and recreational value of nature and the countryside and of cultural life in the Alpine region.
   2.   In implementing this Protocol, the Contracting Parties shall seek to optimise all the functions of mountain farming.
   Article 2
   Taking account of the objectives in other policies
   The Contracting Parties undertake to take account of the objectives of this Protocol in their other policies as well.
   Article 3
   Fundamental obligations in the general economic context
   The Contracting Parties agree on the need to adapt agricultural policy at all levels, in accordance with general economic policy, to the requirements for balanced, sustainable development in order to make it possible, within the framework of the given financial policy conditions:

               (a)

               to encourage, particularly in mountain regions, environmentally compatible farming and its functions in the general interest, as provided for in Article 7 of this Protocol;

               (b)

               to take significant action against abandonment of mountain regions and to ensure adequate living conditions there, by means of social and structural policy measures accompanied by a series of agricultural and environment policy measures.

         Article 4
   Role of farmers
   The Contracting Parties agree that, in mountain regions in particular farming has, over the centuries, shaped the countryside, giving it its historical character and cultural value. The essential role played by farmers in conservation of nature and the countryside, today and tomorrow, by virtue of their multiple functions, must therefore be recognised and farmers must be associated in the decisions and measures taken for mountain regions.
   Article 5
   Participation of regional and local authorities
   1.   Each Contracting Party shall define, within its institutional framework, the best level of coordination and cooperation between the institutions and regional and local authorities directly concerned so as to encourage solidarity of responsibility, in particular to exploit and develop synergies when applying mountain farming policies and implementing measures under them.
   2.   The regional and local authorities directly concerned shall be parties to the various stages of preparing and implementing these policies and measures, within their competence and within the existing institutional framework.
   Article 6
   International cooperation
   The Contracting Parties agree:

               (a)

               to proceed with joint evaluations of the development of agricultural policy and to guarantee reciprocal consultation before adopting any major decision on agricultural policy, for the purposes of implementation of this Protocol;

               (b)

               to secure implementation of the objectives and measures laid down by this Protocol, by means of transfrontier cooperation between all the competent authorities, particularly regional administrations and local authorities;

               (c)

               to encourage exchanges of knowledge and experience and joint initiatives, by means of international cooperation between research and training institutes, agricultural and environmental organisations and the media.

         CHAPTER II
   SPECIFIC MEASURES
   Article 7
   Encouragement of mountain farming
   1.   The Contracting Parties shall seek to differentiate agricultural policy measures at all levels, in accordance with the different local conditions, and to encourage mountain farming, taking account of the local natural handicaps. Support shall be given, in particular, to farms ensuring a minimum of agricultural activity in extreme locations.
   2.   The contribution which mountain farming makes to the conservation and maintenance of nature and the countryside and to the prevention of natural risks, in the general interest, shall give rise to appropriate compensation, in the framework of contractual agreements linked to identified projects and services going beyond the general obligations.
   Article 8
   Land use and countryside
   1.   The Contracting Parties undertake, respecting nature and the countryside, to take account of the particular conditions in mountain areas in the context of planning, zoning, reorganising and improving land use.
   2.   In order to accomplish its multiple tasks, first, mountain farming must have the land necessary for farming which suits local conditions and is environmentally compatible.
   3.   In this context, it is necessary to ensure conservation, restoration and use of the traditional components of the countryside (woodland, wooded boundaries, hedges, thickets, wet, dry or low-yield pasture and Alpine pastures).
   4.   Special measures shall be taken for the conservation of traditional farm buildings and rural architecture and for further use of traditional building materials and methods.
   Article 9
   Nature-friendly farming methods — Typical produce
   The Contracting Parties undertake to adopt all necessary measures with a view to applying common criteria to promote employment and wider use, in mountain areas, of nature-friendly extensive farming methods characteristic of the area and to protect and promote typical farm produce, with distinctive, unique, nature-friendly production methods limited to the locality.
   Article 10
   Livestock farming suited to local conditions and genetic diversity
   1.   The Contracting Parties agree that livestock farming suited to local conditions and to the available land is an essential component of mountain farming, both as a source of revenue and as a decisive part of the identity of the countryside and culture. Consequently, livestock farming, including traditional domestic animal husbandry, must be maintained, with its characteristic variety of species and typical produce; such husbandry must be suited to local conditions and to the available land and compatible with the environment.
   2.   To this end, the necessary farming, pasture and forestry facilities shall be maintained, keeping a balance between pasture and livestock which suits local conditions, in the context of suitable, extensive grassland farming.
   3.   Measures shall also be adopted to maintain the genetic diversity of livestock and crops, particularly in the field of agricultural research and advisory services.
   Article 11
   Promotion and marketing
   1.   The Contracting Parties shall seek to create conditions conducive to the marketing of mountain farm produce, with a view to increasing sales on the spot and making such produce more competitive on national and international markets.
   2.   Promotion shall take the form, inter alia, of guarantees of origin and of quality, allowing protection of producers and consumers alike.
   Article 12
   Limitation of production
   In case of limitation of agricultural production, the Contracting Parties shall seek to take account of the specific requirements, in mountain areas, for farming which suits local conditions and is environmentally compatible.
   Article 13
   Complementary nature of farming and forestry
   The Contracting Parties agree that the complementary nature and partial interdependence of farming and forestry in mountain areas necessitate an integrated approach. Consequently, they shall encourage:

               (a)

               forestry compatible with nature both as an additional source of revenue for farms and as a sideline activity for farm workers;

               (b)

               consideration of the protective, productive and recreational as well as the environmental and biogenetic functions of forests, in relation to farmland, taking account of the specific local conditions and in harmony with the countryside;

               (c)

               regulation of grassland farming and of the game population, to avoid any intolerable damage to forests and crops.

         Article 14
   Additional sources of income
   Recognising the traditional importance of family farms in mountain farming, in order to support family farms as an economic activity, whether principal, secondary or sideline, the Contracting Parties shall encourage the creation and development of additional sources of income in mountain areas, particularly on the initiative and in favour of the local population itself, notably in sectors linked to agriculture, such as forestry, tourism and crafts, in harmony with conservation of nature and the countryside.
   Article 15
   Improvement of living and working conditions
   The Contracting Parties shall encourage reinforcement and improvement of the quality of the services indispensable in order to overcome the unfavourable conditions faced by farm and forestry workers in mountain areas in order to link improvement of their living and working conditions to economic and social development in other fields and in other parts of the Alpine region. To this end, the decision-making criteria must not be purely economic. This shall apply principally to links, to construction and restructuring of housing and farm buildings, and to purchase and maintenance of technical installations and equipment.
   Article 16
   Further measures
   The Contracting Parties may take further measures on mountain farming than the measures provided for in this Protocol.
   CHAPTER III
   RESEARCH, TRAINING AND INFORMATION
   Article 17
   Research and observation
   1.   The Contracting Parties shall encourage and harmonise, in close cooperation, research and systematic observation which are conducive to achieving the objectives of this Protocol.
   2.   In particular, they shall encourage agricultural research specially targeted on mountain farming which shall be conducted in a manner corresponding as closely as possible to the specific local conditions and shall be taken into account in the process of setting and checking agricultural policy objectives and measures, applying the results obtained to training and technical assistance activities for agriculture.
   3.   The Contracting Parties shall ensure that the national results of the research and systematic observation are integrated in a joint permanent observation and information system and that they are made accessible to the public under the existing institutional framework.
   4.   As regards the different mountain areas and taking account of the objectives and measures laid down by this Protocol, the Contracting Parties shall, in particular, establish a comparison of the economic and social situation of mountain farming.
   5.   The comparison shall be updated periodically and shall contain indications of the issues and the locations posing particular problems, of the effectiveness of the measures put in place and of the measures to be adopted. Priority shall be given to data on demographic, social and economic development, in conjunction with the different geographical, environmental and infrastructure indicators for the areas and definition of criteria corresponding to sustainable, balanced development, as provided for in the Alpine Convention and in this Protocol.
   6.   In addition, the subjects listed in the Annex shall be considered priorities.
   Article 18
   Training and information
   1.   The Contracting Parties shall encourage basic and further training and the provision of information to the public about the objectives, measures and implementation of this Protocol.
   2.   The Contracting Parties shall encourage, in particular:

               (a)

               further development of basic and further training, technical assistance concerning farming, assistance with business and commercial management, without losing sight of protection of nature and the environment. In general, the training offered shall be structured to favour orientation towards and preparation for other alternative or complementary activities in sectors linked to farming;

               (b)

               ample and objective information not restricted to the persons and administrations directly concerned but reaching, via the media in particular, the broadest public inside and outside the Alpine region to raise awareness of and interest in the functions of mountain farming.

         3.   In addition, the subjects listed in the Annex shall be considered priorities.
   CHAPTER IV
   IMPLEMENTATION, MONITORING AND EVALUATION
   Article 19
   Implementation
   The Contracting Parties undertake to ensure the implementation of this Protocol by taking any appropriate measures within the existing institutional framework.
   Article 20
   Monitoring of compliance with obligations
   1.   The Contracting Parties shall regularly report to the Standing Committee on measures taken under this Protocol. The reports shall also cover the effectiveness of the measures taken. The Alpine Conference shall determine the intervals at which the reports must be submitted.
   2.   The Standing Committee shall examine these reports in order to ensure that the Contracting Parties have fulfilled their obligations under this Protocol. It may also ask for additional information from the Contracting Parties concerned or have recourse to other information sources.
   3.   The Standing Committee shall draw up a report on the compliance of the Contracting Parties with the obligations arising from the Protocol, for the attention of the Alpine Conference.
   4.   The Alpine Conference shall take note of this report. If it finds that obligations have not been met, it may adopt recommendations.
   Article 21
   Evaluation of the effectiveness of the provisions
   1.   The Contracting Parties shall regularly examine and evaluate the effectiveness of the provisions of this Protocol. They shall consider the adoption of appropriate amendments to this Protocol where necessary in order to achieve objectives.
   2.   The regional and local authorities shall be associated with this evaluation within the existing institutional framework. Non-governmental organisations active in this field may be consulted.
   CHAPTER V
   FINAL PROVISIONS
   Article 22
   Links between the Alpine Convention and the Protocol
   1.   This Protocol constitutes a Protocol to the Alpine Convention within the meaning of Article 2 thereof and any other relevant articles of the Convention.
   2.   Only Contracting Parties to the Alpine Convention may become a party to this Protocol. Any denunciation of the Alpine Convention also implies denunciation of this Protocol.
   3.   Where the Alpine Conference discusses matters relating to this Protocol, only the Contracting Parties to this Protocol may take part in the vote.
   Article 23
   Signature and ratification
   1.   This Protocol shall be open for signature by the signatory States of the Alpine Convention and the European Community on 20 December 1994 and in the Republic of Austria, as the depositary, from 15 January 1995.
   2.   This Protocol shall enter into force for the Contracting Parties which have expressed their agreement to be bound by the said Protocol three months after the date on which three States have deposited their instrument of ratification, acceptance or approval.
   3.   For Parties which express their agreement to be bound by the Protocol at a later date, the Protocol shall enter into force three months after the date of deposit of the instrument of ratification, acceptance or approval. After the entry into force of an amendment to the Protocol, any new Contracting Party to the said Protocol shall become a Contracting Party to the Protocol, as amended.
   Article 24
   Notifications
   The depositary shall, in respect of this Protocol, notify each State referred to in the preamble and the European Community of:

               (a)

               any signature;

               (b)

               the deposit of any instrument of ratification, acceptance or approval;

               (c)

               any date of entry into force;

               (d)

               any declaration made by a Contracting Party or signatory;

               (e)

               any denunciation notified by a Contracting Party, including the date on which it becomes effective.

         In witness whereof, the undersigned, being duly authorised thereto, have signed this Protocol.

      Done at Chambéry on 20 December 1994 in the French, German, Italian and Slovene languages, the four texts being equally authentic, the original text being deposited in the Austrian State archives. The depositary shall send a certified copy to each of the signatory States.

   RESEARCH AND TRAINING PRIORITIES PURSUANT TO ARTICLES 17 AND 18
   Research
   Definition and classification of mountain areas on the basis of their altitude and of the climate, geomorphologic, economic and infrastructure conditions at different locations.
   Verification of the effects of the measures adopted on mountain farming at different political decision-making levels (EU/CAP, States, regions, local authorities) and of the ecological functions (social and environmental compatibility).
   Evaluation of the economic, ecological, social and cultural functions of farming and forestry and of their development prospects, in the context of the specific local conditions in different mountain areas.
   Methods of production and manufacture, criteria for improvement and quality in farm produce in mountain areas.
   Genetic research and technical assistance for differentiated conservation of the diversity of the species of livestock reared and crops grown which suits local conditions and is environmentally compatible.
   Training
   Technical, scientific and socio-economic assistance and training for farms and for food companies processing their produce.
   Technical and economic business management aiming, in particular, at diversification of the supply of products and alternative production and income inside and outside farming.
   Technical and financial conditions and effects of application of natural farming and production methods compatible with the environment.
   Media, presentation and dissemination of information in line with the direction of public opinion, policy and the economy, inside and outside the Alpine region.


Avis juridique important

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32000D1934

Decision No 1934/2000/EC of the European Parliament and of the Council of 17 July 2000 on the European Year of Languages 2001

Official Journal L 232 , 14/09/2000 P. 0001 - 0005

Decision No 1934/2000/EC of the European Parliament and of the Councilof 17 July 2000on the European Year of Languages 2001THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular to Articles 149 and 150 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),Whereas:(1) In the preamble to the Treaty, it is stated that the Member States are: "Determined to promote the development of the highest possible level of knowledge for their peoples through a wide access to education and through its continuous updating".(2) Article 18 of the Treaty establishes the right of every citizen of the European Union "to move and reside freely within the territory of the Member States". The ability to use foreign languages is essential in order in practice fully to exercise that right.(3) Article 151 of the Treaty states that the Community shall contribute to the flowering of the cultures of the Member States while respecting their national and regional diversity, and shall take cultural aspects into account in its action under other provisions of the Treaty. Among the cultural aspects, matters pertaining to languages are of great importance.(4) All the European languages, in their spoken and written forms, are equal in value and dignity from the cultural point of view and form an integral part of European cultures and civilisation.(5) The languages question is a challenge that must be tackled as part of the European integration process and the European Year of Languages may therefore prove to be highly instructive as far as the formulation of measures to encourage cultural and linguistic diversity is concerned.(6) Article 6 of the Treaty on European Union states that the Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms.(7) Access to the vast literary heritage in the languages in which it was originally produced would contribute to developing mutual understanding and giving a tangible content to the concept of European citizenship.(8) It is important to learn languages as it enhances awareness of cultural diversity and helps eradicate xenophobia, racism, anti-Semitism and intolerance.(9) In addition to the human, cultural and political advantages, learning languages is also of considerable potential economic benefit.(10) A command of the respective mother tongue and knowledge of the classical languages, in particular Latin and Greek, can make it easier to learn other languages.(11) It is important to raise awareness among public and private decision-makers of the importance of easy access to language learning facilities.(12) The Council Conclusions of 12 June 1995 on linguistic diversity and multilingualism in the European Union emphasised that linguistic diversity must be preserved and multilingualism promoted in the Union, with equal respect for the languages of the Union and with due regard to the principle of subsidiarity. Decision No 2493/95/EC of the European Parliament and Council(5) of 23 October 1995 establishing 1996 as the "European Year of Lifelong Learning" highlighted the importance of the role of lifelong learning in developing competencies, including linguistic, throughout an individual's lifetime.(13) The Commission's 1995 White Paper "Education, training, research: Teaching and learning: towards a learning society" established as its Objective Four proficiency for all in three Community languages. The Commission's 1996 Green Paper "Education, Training, Research: The obstacles to transnational mobility" concluded that "learning at least two Community languages has become a precondition if citizens of the European Union are to benefit from occupational and personal opportunities open to them in the single market".(14) Council Resolution of 31 March 1995 on improving and diversifying language learning and teaching within the education systems of the European Union(6) states that pupils should as a general rule have the opportunity of learning two languages of the European Union other than their mother tongue(s) for a minimum of two consecutive years during compulsory schooling and if possible for a longer period.(15) The measures in the Lingua programme, adopted by Council Decision 89/489/EEC(7), were reinforced and partially integrated as horizontal measures into the Socrates programme adopted by Decision 819/95/EC of the European Parliament and the Council(8). Those measures have promoted the improvement of knowledge of the languages of the Union and have thus contributed to greater understanding and solidarity between the peoples of the Union. The European Parliament and Council in their Decision No 253/2000/EC(9) propose that those measures be further developed and reinforced in the second phase of the Socrates programme.(16) The Leonardo da Vinci programme, adopted by Decision 94/819/EC(10) of the European Parliament and the Council, has, building on the results achieved under the Lingua programme, supported activities aimed at developing linguistic skills as part of vocational training measures. That support will be further developed and reinforced in the second phase of the Leonardo da Vinci programme, adopted by Council Decision 1999/382/EC(11).(17) The Culture 2000 programme adopted by Decision No 508/2000/EC(12) also contributes to improving mutual understanding of the cultural achievements of the European peoples, especially by highlighting cultural diversity and multilingualism.(18) A multiannual programme to promote the linguistic diversity of the Community in the information society was established by Council Decision 96/664/EC(13).(19) The Report of the High Level Panel on the Free Movement of Persons presented to the Commission on 18 March 1997, considered "the multiplicity of European languages [to be] ... a treasure to be safeguarded" and suggested measures to foster language training and the use of languages in the Community.(20) In accordance with the principle of subsidiarity as defined in Article 5 of the Treaty, the objectives of the proposed action cannot be sufficiently achieved by the Member States, inter alia because of the need for a coherent Community-wide information campaign avoiding duplication and achieving economies of scale. Those objectives can be better achieved by the Community, owing to the transnational dimension of Community actions and measures. This Decision does not go beyond what is necessary to achieve those objectives.(21) However, it is also important that there should be close cooperation and coordination between the Commission and the Member States, so as to ensure that measures undertaken at European level are underpinned by small-scale measures undertaken at local, regional and national level which are likely to be more suited to the needs of target groups and specific situations, and that cultural diversity is strengthened as a result.(22) It is important to develop appropriate cooperation between the European Community and the Council of Europe so as to ensure consistency between measures undertaken at Community level and those undertaken by the Council of Europe, and such cooperation is expressly mentioned in Article 149 of the Treaty.(23) It is important to take into account the fact that the European Year of Languages will take place against the background of preparations for the enlargement of the Union.(24) This Decision lays down for the entire duration of the programme, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission(14), for the budgetary authority, during the annual budgetary procedure.(25) The Joint Declaration of 4 May 1999 by the European Parliament, the Council and the Commission(15) sets out the arrangements for the implementation of the co-decision procedure laid down in Article 251 of the Treaty.(26) The measures necessary for the implementation of this decision should be adopted in accordance with the Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(16),HAVE DECIDED AS FOLLOWS:Article 1Establishment of the European Year of Languages1. The year 2001 shall be designated as the "European Year of Languages".2. During the European Year of Languages, information and promotional measures will be undertaken on the theme of languages, with the aim of encouraging language learning by all persons residing in the Member States. These measures will cover the official languages of the Community, together with Irish, Letzeburgesch, and other languages in line with those identified by the Member States for the purposes of implementing this Decision.Article 2ObjectivesThe objectives of the European Year of Languages shall be:(a) to raise awareness of the richness of linguistic and cultural diversity within the European Union and the value in terms of civilisation and culture embodied therein, acknowledging the principle that all languages must be recognised to have equal cultural value and dignity;(b) to encourage multilingualism;(c) to bring to the notice of the widest possible public the advantages of competencies in several languages, as a key element in the personal and professional development of individuals (including in finding one's first job), in intercultural understanding, in making full use of the rights conferred by citizenship of the Union and in enhancing the economic and social potential of enterprises and society as a whole. The target public referred to above shall include, among others: pupils and students, parents, workers, job seekers, the speakers of certain languages, the inhabitants of border areas, the peripheral regions, cultural bodies, deprived social groups, migrants, etc.;(d) to encourage the lifelong learning of languages, where appropriate, starting at preschool and primary school age and related skills involving the use of languages for specific purposes, particularly in a professional context by all persons residing in the Member States, whatever their age, background, social situation or previous educational experiences and achievements;(e) to collect and disseminate information about the teaching and learning of languages, and about skills, methods (especially innovative methods) and tools, including those developed within other Community measures and initiatives, which assist that teaching and learning including those that are developed in the framework of other Community measures and initiatives and/or facilitate communication between users of different languages.Article 3Content of measuresThe measures designed to meet the objectives set out in Article 2 include, in particular:- the use of a common logo and of slogans together with the Council of Europe in accordance with the provisions of Article 10;- a Community-wide information campaign;- the organisation of meetings, competitions, prizes and other activities.Details of these measures are set out in the Annex.Article 4Implementation of the Decision and cooperation with the Member States1. The Commission shall ensure the implementation of the Community measures pursued under this Decision.2. Each Member State shall designate one or more appropriate bodies to be responsible for participation in the European Year of Languages, the coordination and implementation at national level of the measures provided for in this Decision, including thorough assistance with the selection procedure described in Article 7.Article 5Committee1. The Commission shall be assisted by a Committee.2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply having regard to the provisions of Article 8 thereof.3. The Committee shall adopt its rules of procedure.Article 6Financial arrangements1. Measures as described in Part I, Section A of the Annex, may be financed up to 100 % by the general budget of the European Union.2. Measures as described in Part I, Section B of the Annex, may be co-financed by the general budget of the European Union up to a maximum of 50 % of the total cost.Article 7Application and selection procedure1. Applications for the co-financing of measures from the general budget of the European Union under Article 6(2) shall be submitted to the Commission through the body or the bodies designated under Article 4(2). They shall include information enabling the outcome to be assessed on the basis of objective criteria. The Commission shall take the utmost account of the assessment provided by the bodies concerned.2. Decisions on the financing and co-financing of measures under Article 6 shall be taken by the Commission in accordance with the procedure set out in Article 5(2). The Commission shall ensure a balanced distribution among Member States, where appropriate, among the various languages referred to in Article 1 and among the different fields of activity involved.3. The Commission (in particular through its national and regional contact points), in cooperation with the bodies referred to in Article 4(2), shall ensure that calls for proposals are made in sufficient time and circulated as widely as possible.Article 8ConsistencyThe Commission, in cooperation with the Member States, shall ensure:- consistency between the measures provided for in this Decision and other Community measures and initiatives, in particular those in the field of education, training and culture,- optimal complementarity between the European Year of Languages and other existing Community, national and regional initiatives and resources, where these can contribute to fulfilling the objectives of the European Year of Languages.Article 9Budget1. The financial framework for the implementation of this programme for the period 1 January to 31 December 2001 is hereby set at EUR 8 million.2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.Article 10International cooperationIn the framework of the European Year of Languages, and in accordance with the procedure laid down in Article 5(2), the Commission may cooperate with relevant international organisations. In particular, there shall be close cooperation and coordination as well as joint initiatives with the Council of Europe, in order to strengthen links between the peoples of Europe.Article 11Monitoring and evaluationThe Commission shall submit, by 31 December 2002 at the latest, a detailed report containing objective information to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the implementation, results and overall assessment of all the measures provided for in this Decision.Article 12Entry into forceThis Decision shall be published in the Official Journal of the European Communities. It shall take effect on the day of its publication.Done at Brussels, 17 July 2000.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentJ. Glavany(1) OJ C 56 E, 29.2.2000, p. 62.(2) OJ C 51, 23.2.2000, p. 53.(3) Opinion delivered on 17 February 2000 (not yet published in the Official Journal).(4) Opinion of the European Parliament of 13 April 2000 (not yet published in the Official Journal). Council Decision of 8 June 2000.(5) OJ L 256, 26.10.1995, p. 45.(6) OJ C 207, 12.8.1995, p. 1.(7) OJ L 239, 16.8.1989, p. 24.(8) OJ L 87, 20.4.1995, p. 10. Decision as last amended by Decision 576/98/EC (OJ L 77, 14.3.1998, p. 1).(9) OJ L 28, 3.2.2000, p. 1.(10) Council Decision 94/819/EC of 6 December 1994 establishing an action programme for the implementation of a European Community vocational training policy (OJ L 340, 29.12.1994, p. 8).(11) OJ L 146, 11.6.1999, p. 33.(12) OJ L 63, 10.3.2000, p. 1.(13) OJ L 306, 28.11.1996, p. 40.(14) OJ C 172, 18.6.1999, p. 1.(15) OJ C 148, 28.5.1999, p. 1.(16) OJ L 184, 17.7.1999, p. 23.ANNEXI. Nature of the measures referred to in Article 3A. Measures which may be financed up to 100 % from the general budget of the European Union (The indicative allocation for these measures shall be 40 % of the overall budget which may be adjusted by the Commission in accordance with the procedure set out in Article 5(2)).1. Meetings and events:(a) organisation of meetings at Community level and of events to raise awareness of linguistic diversity, including the opening and closing events of the Year;(b) organisation in each Member State of one or more presentations of the European Year of Languages, deemed to reach large numbers of people from different social backgrounds.2. Information and promotional campaigns involving:(a) the development of a logo and slogans for the European Year of Languages, for use in the framework of all activities linked to the Year;(b) an information campaign on a Community-wide scale, including, among other things, the setting-up of an interactive Web site and the dissemination of information on projects (including those referred to in section C);(c) the production of information materials, for use throughout the Community, which are also accessible to socially vulnerable groups, on effective teaching and learning techniques and on the conditions for successful language learning;(d) the organisation of European competitions highlighting achievements and experiences on the themes of the European Year of Languages.3. Other measures:Surveys and studies on a Community-wide scale, having, inter alia, the aim of:- better defining the situation in Europe with regard to languages (including sign languages and the classical languages), their use (including in scientific and university research) and language teaching and learning and the acquisition of related skills; as far as possible, all the languages referred to in Article 1 are concerned,- better defining the expectations of different target groups (including those in bilingual areas) with regard to language learning and the way in which the Community could fulfil those expectations,- carrying out evaluation studies concerning the effectiveness and impact of the European Year of Languages, examining best practice in the field of language teaching and training and disseminating the results throughout the Member States.B. Measures which may be co-financed by the general budget of the European Union (The indicative allocation for these measures shall be 60 % of the overall budget which may be adapted by the Commission in accordance with the procedure set out in Article 5(2)).Measures at local, regional, national or transnational level may qualify for financing from the general budget of the European Union up to a maximum of 50 % of the cost, according to the nature and circumstances of what is proposed. These may include, inter alia:1. Events around the objectives of the European Year of Languages;2. Information measures and measures disseminating examples of good practice, other than those described in Section A;3. The organisation of prizes or competitions;4. Surveys and studies other than those mentioned in Section A;5. Other measures promoting language teaching and learning, provided that those measures would be ineligible for funding under existing Community programmes and initiatives.C. Measures receiving no financial aid from the general budget of the European UnionThe Community will offer its moral support, including written authorisation to use the logo and other material associated with the European Year of Languages, for initiatives undertaken by public or private organisations, where those organisations can demonstrate to the satisfaction of the Commission that the intitiatives involved are or will be in progress during the year 2001 and are likely to contribute significantly to one or more of the objectives of the European Year.II. Technical assistanceIn carrying out these measures, the Commission may have recourse to technical assistance organisations, funding for which may be provided for within the overall budget for the programme. It may, under the same conditions, have recourse to experts. The Commission shall consult the committee referred to in Article 5 on the financial impact of this assistance.


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32000D0016

2000/16/EC: Council Decision of 2 December 1999 concluding the Agreement for scientific and technological cooperation between the European Community and the Government of the People's Republic of China

Official Journal L 006 , 11/01/2000 P. 0039 - 0039

COUNCIL DECISIONof 2 December 1999concluding the Agreement for scientific and technological cooperation between the European Community and the Government of the People's Republic of China(2000/16/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 170, in conjunction with Article 300(2), first sentence, and Article 300(3), first subparagraph, thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The Community and the People's Republic of China are pursuing specific research and technological development (RTD) programmes in areas of common interest;(2) On the basis of past experience, both sides have expressed a desire to establish a deeper and broader framework for the conduct of collaboration in science and technology;(3) Cooperation in the field of science and technology forms part of the global cooperation between the Community and the People's Republic of China;(4) By its Decision of 22 June 1998, the Council authorised the Commission to negotiate an Agreement for scientific and technological cooperation between the Community and the Government of the People's Republic of China ("Agreement");(5) By its Decision of 22 December 1998, the Council decided that the Agreement be signed on behalf of the Community;(6) The Agreement was signed on 22 December 1998;(7) The Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement for scientific and technological cooperation between the European Community and the Government of the People's Republic of China is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2Pursuant to Article 11 of the Agreement, the President of the Council shall give the notification that the procedures necessary for the entry into force of the Agreement have been completed on the part of the Community(3).Done at Brussels, 2 December 1999.For the CouncilThe PresidentE. TUOMIOJA(1) OJ C 247 E, 31.8.1999, p. 32.(2) Opinion delivered on 3 November 1999 (not yet published in the Official Journal).(3) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: Council Decision 2012/237/CFSP of 3 May 2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau

text:
               4.5.2012

               EN

               Official Journal of the European Union

               L 119/43

         COUNCIL DECISION 2012/237/CFSP
   of 3 May 2012
   concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               In view of the seriousness of the current situation in the Republic of Guinea-Bissau, the Council considers it necessary to adopt measures targeting those who seek to prevent or block a peaceful political process or who take action that undermines stability in the Republic of Guinea-Bissau, in particular those who played a leading role in the mutiny of 1 April 2010 and the coup d’état of 12 April 2012 and who aim, through their actions, at undermining the rule of law, curtailing the primacy of civilian power and furthering impunity and instability in the country.

               (2)

               Further action by the Union is needed in order to implement certain measures,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of persons engaging in or providing support for acts that threaten the peace, security or stability of the Republic of Guinea-Bissau and persons associated with them, as listed in the Annex.
   2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
   3.   Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

               (a)

               as a host country of an international intergovernmental organisation;

               (b)

               as a host country to an international conference convened by, or under the auspices of, the United Nations;

               (c)

               under a multilateral agreement conferring privileges and immunities; or

               (d)

               under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.

         4.   Paragraph 3 shall be considered as applying also in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).
   5.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 3 or 4.
   6.   Member States may grant exemptions from the measures imposed under paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in the Republic of Guinea-Bissau.
   7.   A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receipt of the notification of the proposed exemption. Should one or more Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
   8.   In cases where, pursuant to paragraphs 3, 4, 6 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in the Annex, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
   Article 2
   1.   All funds and economic resources belonging to, owned, held or controlled by natural or legal persons, entities or bodies engaging in or providing support for acts that threaten the peace, security or stability of the Republic of Guinea-Bissau and natural or legal persons, entities or bodies associated with them, as listed in the Annex, shall be frozen.
   2.   No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities or bodies listed in the Annex.
   3.   The competent authority of a Member State may authorise the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:

               (a)

               necessary to satisfy the basic needs of the persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

               (b)

               intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;

               (c)

               intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources;

               (d)

               necessary for extraordinary expenses, provided that the competent authority has notified the grounds on which it considers that a specific authorisation should be granted to the other competent authorities and the Commission at least two weeks prior to the authorisation.

         Member States shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
   4.   By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, if the following conditions are met:

               (a)

               the funds or economic resources in question are the subject of a judicial, administrative or arbitral lien established prior to the date on which the natural or legal person, entity or body referred to in paragraph 1 was included in the Annex or of a judicial, administrative or arbitral judgment rendered prior to that date;

               (b)

               the funds or economic resources will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

               (c)

               the lien or judgment is not for the benefit of a natural or legal person, entity or body listed in the Annex;

               (d)

               recognising the lien or judgement is not contrary to public policy in the Member State concerned.

         Member States shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
   5.   Paragraph 2 shall not apply to the addition to frozen accounts of:

               (a)

               interest or other earnings on those accounts; or

               (b)

               payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the provisions of this Decision,

         provided that any such interest, other earnings and payments continue to be subject to paragraph 1.
   Article 3
   1.   The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall adopt amendments to the list contained in the Annex as required.
   2.   The Council shall communicate its decision, including the grounds for the listing, to the natural or legal person, entity or body concerned, either directly, if the address is known, or through the publication of a notice, providing such natural or legal person, entity or body with an opportunity to present observations.
   3.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the natural or legal person, entity or body concerned accordingly.
   Article 4
   In order to maximise the impact of the measures set out in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those contained in this Decision.
   Article 5
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
   This Decision shall apply until 5 May 2013. It shall be kept under constant review. It shall be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.

      Done at Brussels, 3 May 2012.

            For the Council

            The President

         N. WAMMEN

      ANNEX

         List of persons, entities and bodies referred to in Articles 1 and 2

         Persons

                  Name

                  Identifying information (date and place of birth (d.o.b. and p.o.b.), passport/ID card number, etc.)

                  Grounds for listing

                  Date of listing

                  1.

                  General António INJAI (a.k.a António INDJAI)

                  Nationality: Guinea-Bissau
                  d.o.b.: 20 January 1955
                  p.o.b.: Encheia, Sector de Bissorá, Região de Oio, Guiné-Bissau
                  Parentage: Wasna Injai and Quiritche Cofte
                  Official function: Lieutenant General – Chefe de Estado-Maior Geral das Forças Armadas

                  António Injai has been personally involved in planning and leading the mutiny of 1 April 2010, culminating with the illegal apprehension of the Prime Minister, Carlo Gomes Junior, and the then Chief of Staff of the Armed Forces, José Zamora Induta.
                  António Injai has operated in a way to pressure the Government for his appointment as Chief of Staff of the Armed Forces.

                  3.5.2012

                  National ID: Unknown (Guinea-Bissau)
                  Passport: Diplomatic passport AAID00435
                  Date of issue: 18.02.2010
                  Place of issue: Guinea-Bissau
                  Date of expiry: 18.02.2013

                  Indjai has been consistently making public statements threatening the lives of the legitimate authorities namely against Prime Minister Carlos Gomes Junior and undermining rule of law, undercutting civilian powers, furthering a pervasive climate of impunity and instability in the country.
                  During the 2012 electoral period, in his capacity as Chief of Staff of the Armed Forces, Injai again made statements threatening to overthrow the elected authorities and to put an end to the electoral process.

                  António Injai has been once again involved in the operational planning of the coup d'état of 12 April 2012. In the aftermath of the coup, the first communiqué by the "Military Command" was issued by the Armed Forces General Staff, which is led by General Injai. He did not in any way counter or distance himself from that unconstitutional military action.

                  2.

                  Major General Mamadu TURE (N'KRUMAH) (a.k.a. N’Krumah)

                  Nationality – Guinea-Bissau
                  d.o.b. 26 April 1947
                  Diplomatic Passport no DA0002186
                  Date of issue: 30.03.2007
                  Date of expiry: 26.08.2013

                  Deputy Chief of Staff of the Armed Forces. Member of the "Military Command" which has assumed responsibility for the coup d'état of 12 April 2012.

                  3.5.2012

                  3.

                  General Augusto MÁRIO CÓ

                  Army Chief of Staff. Member of the "Military Command" which has assumed responsibility for the coup d'état of 12 April 2012.

                  3.5.2012

                  4.

                  General Estêvão NA MENA

                  Navy Chief of Staff. Member of the "Military Command" which has assumed responsibility for the coup d'état of 12 April 2012.

                  3.5.2012

                  5.

                  Brigadier General Ibraima CAMARÁ (a.k.a “Papa Camará”)

                  Nationality – Guinea-Bissau
                  d.o.b. 11 May 1964
                  Diplomatic Passport no AAID00437
                  Date of Issue:18.02.2010
                  Date of expiry: 18.02.2013

                  Chief of Staff of the Air Force. Member of the "Military Command" which has assumed responsibility for the coup d'état of 12 April 2012.

                  3.5.2012

                  6.

                  Lieutenant colonel Daba NAUALNA (a.k.a. Daba Na Walna)

                  Nationality – Guinea-Bissau
                  d.o.b. 6 June 1966
                  Passport no SA 0000417
                  Date of issue: 29.10.2003
                  Date of expiry: 10.03.2013

                  Spokesperson of the "Military Command" which has assumed responsibility for the coup d'état of 12 April 2012.

                  3.5.2012


title: 2013/745/EU: Council Decision of 9 December 2013 on the signing, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, with the exception of its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation

text:
               12.12.2013

               EN

               Official Journal of the European Union

               L 333/75

         COUNCIL DECISION
   of 9 December 2013
   on the signing, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, with the exception of its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation
   (2013/745/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 33, 113, 114 and 207(4), first subparagraph, in conjunction with Article 218(5) and 218(8), second subparagraph, thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 22 October 1999, the Council authorised the Commission to negotiate, in the context of the World Health Organisation (WHO), a Framework Convention on Tobacco Control (FCTC) and related protocols. This authorisation was amended by the Council on 21 April 2001 and, on 20 December 2007, in relation to the Protocol to Eliminate Illicit Trade in Tobacco Products (‘the Protocol’). Negotiations were conducted by the Commission within the terms of the negotiating directives adopted by the Council and were successfully finalised by the adoption of the Protocol at the fifth Conference of the Parties to the WHO FCTC on 12 November 2012, in Seoul, Republic of Korea.

               (2)

               The conclusion of the FCTC was approved on behalf of the Community by Council Decision 2004/513/EC (1), which is a condition for the Union’s becoming a Party to the Protocol.

               (3)

               The Protocol represents a significant contribution to the international efforts to eliminate all forms of illicit trade in tobacco products, which constitute an essential component of tobacco control.

               (4)

               The Union has exclusive competence for a number of provisions of the Protocol which fall within the scope of the Union’s common commercial policy or where corresponding Union legislation has been adopted. Therefore, the Protocol should be signed on behalf of the Union, subject to its conclusion at a later date.

               (5)

               By signing the Protocol, the Union will not be exercising shared competence, hence Member States retain their competence in the areas covered by the Protocol which do not affect common rules or alter the scope of such rules.

               (6)

               The Protocol sets out obligations for the contracting parties related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation. As a consequence, those provisions fall within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union, and the Protocols (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice and (No 22) on the position of Denmark, both annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, apply.

               (7)

               A separate decision (2) relating to the signing of the Protocol, as regards its provisions on obligations related to judicial cooperation in criminal matters,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO Framework Convention on Tobacco Control, with the exception of its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation, is hereby authorised subject to the conclusion of the said Protocol (3).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union, with the exception of its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation.
   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, 9 December 2013.

            For the Council

            The President

         A. PABEDINSKIENĖ

      (1)  Council Decision 2004/513/EC of 2 June 2004 concerning the conclusion of the WHO Framework Convention on Tobacco Control (OJ L 213, 15.6.2004, p. 8).

      (2)  Council Decision 2013/744/EU of 9 December 2013 on the signing, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation (See page 73 of this Official Journal).

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


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31997D0829

97/829/EC, ECSC, Euratom: Commission Decision of 1 December 1997 adjusting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 1997 to the remuneration of officials of the European Communities serving in third countries

Official Journal L 343 , 13/12/1997 P. 0027 - 0029

COMMISSION DECISION of 1 December 1997 adjusting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 1997 to the remuneration of officials of the European Communities serving in third countries (97/829/ECSC, EC, Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,Having regard to the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (Euratom, ECSC, EC) No 2485/96 (2), and in particular the second paragraph of Article 13 of Annex X thereto,Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (ECSC, EC, Euratom) No 1785/97 (3) laid down the weightings to be applied from 1 January 1997 to the remuneration of officials serving in third countries, payable in the currency of their country of employment;Whereas the Commission has made a number of adjustments to these weightings (4) in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations;Whereas, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations, some of these weightings should be adjusted with effect from 1 February, 1 March, 1 April, 1 May and 1 June 1997 given that the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,DECIDES:Sole Article With effect from 1 February, 1 March, 1 April, 1 May and 1 June 1997 the weightings applicable to the remuneration of officials serving in third countries payable in the currency of their country of employment are adjusted as shown in the Annex.The exchange rates for the calculation of such remuneration shall be those used for implementation of the general budget of the European Communities for the month preceding the date referred to in the first paragraph.Done at Brussels, 1 December 1997.For the CommissionHans VAN DEN BROEKMember of the Commission(1) OJ L 56, 4. 3. 1968, p. 1.(2) OJ L 338, 28. 12. 1996, p. 1.(3) OJ L 254, 17. 9. 1997, p. 1.(4) OJ L 236, 27. 8. 1997, p. 23.ANNEX >TABLE>>TABLE>>TABLE>>TABLE>>TABLE>