title: Council Decision (EU) 2016/1749 of 17 June 2016 on the conclusion, 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 falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union

text:
               1.10.2016

               EN

               Official Journal of the European Union

               L 268/1

         COUNCIL DECISION (EU) 2016/1749
   of 17 June 2016
   on the conclusion, 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 falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union
   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, in conjunction with Article 218(6)(a) and the second subparagraph of Article 218(8) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The conclusion of the World Health Organisation (WHO) Framework Convention on Tobacco Control (FCTC) was approved on behalf of the Community by Council Decision 2004/513/EC (1).

               (2)

               In accordance with Council Decisions 2013/744/EU (2) and 2013/745/EU (3), the Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO FCTC (‘the Protocol’) was signed on 20 December 2013, subject to its conclusion at a later date.

               (3)

               The Protocol represents a significant contribution to the international efforts to eliminate all forms of illicit trade in tobacco products, and thereby fight the circumvention of tax and customs duties obligations and reduce the supply of tobacco products, in line with Article 15 of the WHO FCTC. The Protocol also contributes to the smooth functioning of the internal market for tobacco products whilst ensuring a high level of public health.

               (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 in areas where the Union has established common rules (4). The Protocol may affect such common rules or alter their scope. Therefore, the Protocol should be approved on behalf of the Union as regards matters falling within Union's competence only insofar as the Protocol may affect these common rules or alter their scope.

               (5)

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

               (6)

               Articles 14, 16, 26, 29 and 30 of the Protocol concern judicial cooperation in criminal matters and the definition of criminal offences, and therefore fall within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union. Council Decision (EU) 2016/1750 (5), adopted in parallel to this Decision, concerns those provisions.

               (7)

               The Protocol should be approved as regards matters that fall within the Union's competence,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO Framework Convention on Tobacco Control, with the exception of its provisions falling within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union, in particular Articles 14, 16, 26, 29 and 30, is hereby approved on behalf of the Union.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council shall designate the person(s) empowered to deposit, on behalf of the Union:

               (a)

               the instrument provided for in Article 44(1) of the Protocol;

               (b)

               the declaration of competences set out in the Annex to this Decision, in accordance with Article 44(3) of the Protocol.

         Article 3
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 17 June 2016.

            For the Council

            The President

         J.R.V.A. DIJSSELBLOEM

      (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 (OJ L 333, 12.12.2013, p. 73).

      (3)  Council Decision 2013/745/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, with the exception of its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation (OJ L 333, 12.12.2013, p. 75).

      (4)  Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ L 127, 29.4.2014, p. 1);
   Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15);
   Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1);
   Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (OJ L 9, 14.1.2009, p. 12);
   Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco (OJ L 176, 5.7.2011, p. 24).

      (5)  Council Decision (EU) 2016/1750 of 17 June 2016 on the conclusion, 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 and the definition of criminal offences (see page 6 of this Official Journal).

      ANNEX

         DECLARATION OF COMPETENCES BY THE EUROPEAN UNION IN RESPECT OF MATTERS COVERED BY THE PROTOCOL TO ELIMINATE ILLICIT TRADE IN TOBACCO PRODUCTS

         (PURSUANT TO ARTICLE 44 OF THE PROTOCOL)

      The European Union (EU) submits, in accordance with Article 44 of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control (‘FCTC Protocol’), the following Declaration of Competences specifying the categories and policy areas in respect of which the Member States of the EU have conferred competences upon the EU in the areas covered by the FCTC Protocol.
      1.   General Principles

      The categories and areas of Union competence are set out in Articles 2 to 6 TFEU. When the Treaties confer on the EU exclusive competence in a specific area, only the EU may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the EU or for the implementation of EU acts. When the Treaties confer on the EU a competence shared with the Member States in a specific area, the EU and the Member States may legislate and adopt legally binding acts in that area. The Member States shall exercise their competence to the extent that the EU has not exercised its competence. The Member States shall again exercise their competence to the extent that the EU has decided to cease exercising its competence.
      As regards the conclusion of international agreements, for the policy areas listed in Article 3(1) TFEU, only the EU has the competence to act. For the policy areas listed in Article 4(2) TFEU the EU and its Member States share competence, but only the EU has the competence to act when the envisaged action is necessary to enable the Union to exercise its internal competence, or insofar as the provisions in the agreement may affect common rules or alter their scope within the meaning of Article 3(2) TFEU; insofar as this is not the case (i.e. the conditions of Article 3(2) TFEU are not met), Member States may exercise their competence to act in these policy areas.
      Competences not attributed to the EU by the Treaties fall within the competences of the Member States of the EU.
      The EU will duly notify any substantial modification of the extent of its competences, in accordance with Article 44 of the Protocol, without this constituting a prerequisite for the exercise of its competence in matters covered by the FCTC Protocol.
      2.   Exclusive competence of the EU

      2.1.   The EU has exclusive competence to act with respect to the matters covered by the FCTC Protocol that fall under the scope of the common commercial policy of the EU (Article 207 TFEU).
      2.2.   In addition, the EU has exclusive competence to act with regard to matters covered by the FCTC protocol that fall under the scope of customs cooperation (Article 33 TFEU), approximation of laws in the internal market (Articles 113 and 114 TFEU), judicial cooperation in criminal matters (Article 82 TFEU) and definition of criminal offences (Article 83 TFEU), only insofar as the provisions of a Union act establish common rules that may be affected or altered in scope by provisions of the FCTC protocol.
      The list of Union acts below illustrates the extent to which the Union has exercised its internal competence in these fields in accordance with the Treaty on the Functioning of the European Union. The extent of Union exclusive competence ensuing from these acts must be assessed by reference to the precise provisions of each measure, and in particular the extent to which these provisions establish common rules that risk to be affected or altered in scope by the provisions of the FCTC Protocol or an act adopted in implementation thereof.

                  —

                  Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ L 127, 29.4.2014, p. 1);

                  —

                  Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15);

                  —

                  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1);

                  —

                  Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (OJ L 9, 14.1.2009, p. 12);

                  —

                  Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco (OJ L 176, 5.7.2011, p. 24);

                  —

                  Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (OJ L 182, 5.7.2001, p. 1);

                  —

                  Council Act of 26 July 1995 drawing up the Convention on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995, p. 48).

            3.   Competence of the Member States

      For other matters covered by the FCTC Protocol not mentioned in sections 2.1 and 2.2, for which the EU has not exclusive competence to act, the Member States remain competent to act.


title: 2009/117/EC: Council Decision of 7 April 2008 on the signing and provisional application of the Agreement between the European Community and the Government of Nepal on certain aspects of air services

text:
               12.2.2009

               EN

               Official Journal of the European Union

               L 41/3

         COUNCIL DECISION
   of 7 April 2008
   on the signing and provisional application of the Agreement between the European Community and the Government of Nepal on certain aspects of air services
   (2009/117/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral Agreements with a Community Agreement.

               (2)

               On behalf of the Community, the Commission has negotiated an Agreement with Nepal on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral Agreements with a Community Agreement.

               (3)

               The Agreement should be signed and provisionally applied, subject to its conclusion at a later date,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Government of Nepal on certain aspects of air services is hereby approved on behalf of the Community, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the parties have notified each other of the completion of the necessary procedures for this purpose (1).
   Article 4
   The President of the Council is hereby authorised to make the notification provided for in Article 9(2) of the Agreement.

      Done at Luxembourg, 7 April 2008.

            For the Council

            The President

         R. ŽERJAV

      (1)  The date from which the Agreement will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               12.2.2009

               EN

               Official Journal of the European Union

               L 41/5

         AGREEMENT
   between the European Community and the Government of Nepal on certain aspects of air services
   THE EUROPEAN COMMUNITY
   of the one part, and
   THE GOVERNMENT OF NEPAL
   of the other part
   (hereinafter referred to as ‘the Parties’)
   NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and Nepal containing provisions contrary to Community law,
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the European Community and Nepal, which are contrary to European Community law, must be brought into conformity with it in order to establish a sound legal basis for air services between the European Community and Nepal and to preserve the continuity of such air services,
   RECOGNISING that bilateral air service agreements between Member States of the European Community and Nepal should be consistent with the laws of Nepal and the European Community and provide a viable and sound legal basis for ensuring continuity and development of air services between the European Community and Nepal,
   NOTING that provisions of the bilateral air service agreements between Member States of the European Community and Nepal, which are not inconsistent with European Community law, do not need to be affected by this Agreement,
   NOTING that under European Community law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the European Community and which have as their object or effect the prevention, restriction or distortion of competition,
   RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the European Community and Nepal which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers in the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes may render ineffective the competition rules applicable to undertakings,
   NOTING that it is not a purpose of the European Community, as part of this agreement, to bring about any changes in the total volume of air traffic between the European Community and Nepal, to affect the balance between Community air carriers and air carriers of Nepal, or to make amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
   2.   References in each of the agreements listed in Annex I to nationals of the Member State that is a party to that agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation, authorisation and revocation
   1.   The provisions in paragraphs 3 and 4 of this Article shall supersede the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of air carriers by the Member State concerned, its authorisations and permissions granted by Nepal, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   The provisions in paragraphs 3 and 4 of this Article shall supersede the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of air carriers by Nepal, its authorisations and permissions granted by the Member State concerned, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   3.   On receipt of such a designation, and of applications from the designated air carrier(s), in the form and manner prescribed for authorisations and permissions, the other party shall, subject to paragraphs 4 and 5 grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (a)

               in the case of an air carrier designated by a Member State:

                           (i)

                           the air carrier is established in the territory of the designating Member State under the Treaty establishing the European Community and has a valid Operating Licence from a Member State in accordance with European Community law; and

                           (ii)

                           effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation; and

                           (iii)

                           the air carrier is owned directly or through majority ownership and is effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states;

               (b)

               in the case of an air carrier designated by Nepal:

                           (i)

                           it has its principal place of business in Nepal; and

                           (ii)

                           Nepal has and maintains effective regulatory control of the air carrier.

         4.   Either party may refuse, revoke, suspend or limit the authorisation or permissions of an air carrier designated by the other party where:

               (a)

               in the case of an air carrier designated by a Member State:

                           (i)

                           the air carrier is not established in the territory of the designating Member State under the Treaty establishing the European Community or does not have a valid operating licence from a Member State in accordance with European Community law; or

                           (ii)

                           effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its air operator’s certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

                           (iii)

                           the air carrier is not owned directly or through majority ownership and is not effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states; or

               (b)

               in the case of an air carrier designated by Nepal:

                           (i)

                           it does not have its principal place of business in Nepal; or

                           (ii)

                           Nepal is not maintaining effective regulatory control of the air carrier; or

                           (iii)

                           majority ownership or control of the air carrier designated by Nepal is vested in a third country that does not effectively accept the designation of Community air carriers established in the Community.

         5.   In exercising its right under paragraph 4, Nepal shall not discriminate between air carriers of Member States on the grounds of nationality.
   Article 3
   Safety
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of the Government of Nepal under the safety provisions of the agreement between the Member State that has designated the air carrier and the Government of Nepal shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Taxation of aviation fuel
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(d).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex II(d) shall prevent a Member State from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of Nepal that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
   Article 5
   Tariffs for carriage within the European Community
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(e).
   2.   The tariffs to be charged by the air carrier(s) designated by the Government of Nepal under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law.
   Article 6
   Compatibility with competition rules
   1.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex I shall (i) favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition; (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.
   2.   The provisions contained in the agreements listed in Annex I that are incompatible with paragraph 1 of this Article shall not be applied.
   Article 7
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 8
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 9
   Entry into force and provisional application
   1.   This Agreement shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   Agreements and other arrangements between Member States and the Government of Nepal which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
   Article 10
   Termination
   1.   In the event that an agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Brussels in duplicate, on the twenty-third day of January in the year two thousand and nine in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Nepali languages.

         За Европейската Общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska Gemenskapen

         За правителството на Непал
         Por el Gobierno de Nepal
         Za vládu Nepálu
         For Nepals regering
         Für die Regierung von Nepal
         Nepali valitsuse nimel
         Για την Κυβέρνηση του Νεπάλ
         For the Government of Nepal
         Pour le gouvernement du Népal
         Per il governo del Nepal
         Nepālas valdības vārdā
         Nepalo vyriausybės vardu
         Nepál kormánya részéről
         Għall-Gvern tan-Nepal
         Voor de Regering van Nepal
         W imieniu Rządu Nepalu
         Pelo Governo do Nepal
         Pentru Guvernul Nepalului
         Za vládu Nepálu
         Za vlado Nepala
         Nepalin hallituksen puolesta
         För Nepals regering

   ANNEX I
   LIST OF AGREEMENTS REFERRED TO IN ARTICLE 1 OF THIS AGREEMENT

               (a)

               Air service agreements between the Government of Nepal and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally:

                           —

                           Agreement between the Austrian Federal Government and His Majesty’s Government of Nepal relating to Civil Air Transport signed at Kathmandu on 29 October 1997, hereinafter referred to as ‘Nepal-Austria Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Grand Duchy of Luxembourg and His Majesty’s Government of Nepal on air services done at Luxembourg on 18 June 1999, hereinafter referred to as ‘Nepal-Luxembourg Agreement’ in Annex II,

                           —

                           Agreement between the Kingdom of the Netherlands and His Majesty’s Government of Nepal on air services done at Schiphol Airport on 10 June 1998, hereinafter referred to as ‘Nepal-The Netherlands Agreement’ in Annex II,

                           —

                           Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and His Majesty’s Government of Nepal concerning air services done at Kathmandu on 3 March 1994, hereinafter referred to as ‘Nepal-United Kingdom Agreement’ in Annex II;

               (b)

               Air service agreements and other arrangements initialled or signed between the Government of Nepal and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally:

                           —

                           Air Services Agreement between His Majesty’s Government of Nepal and the Government of the Republic of France initialled at Kathmandu on 7 July 1998, hereinafter referred to as ‘Nepal-France Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Federal Republic of Germany and His Majesty’s Government of Nepal on Air Services initialled and attached as Annex III to the Protocol done at Bonn on 26 July 2000, hereinafter referred to as ‘Nepal-Germany Agreement’ in Annex II,

                           —

                           Agreement between His Majesty’s Government of Nepal and the Government of the Italian Republic concerning Air Services initialled at Kathmandu on 8 May 1992 hereinafter referred to as ‘Nepal-Italy Agreement’ in Annex II.

         ANNEX II
   LIST OF ARTICLES IN THE AGREEMENTS LISTED IN ANNEX I AND REFERRED TO IN ARTICLES 2 TO 6 OF THIS AGREEMENT

               (a)

               Designation by a Member State:

                           —

                           Article 4 of the Nepal-Austria Agreement,

                           —

                           Article 4 of the Nepal-France Agreement,

                           —

                           Article 4 of the Nepal-Italy Agreement,

                           —

                           Article 3 of the Nepal-Luxembourg Agreement,

                           —

                           Article 5 of the Nepal-The Netherlands Agreement,

                           —

                           Article 4 of the Nepal-United Kingdom Agreement;

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 4 of the Nepal-Austria Agreement,

                           —

                           Article 5 of the Nepal-France Agreement,

                           —

                           Article 4 of the Nepal-Germany Agreement,

                           —

                           Article 5 of the Nepal-Italy Agreement,

                           —

                           Article 4 of the Nepal-Luxembourg Agreement,

                           —

                           Article 6 of the Nepal-The Netherlands Agreement,

                           —

                           Article 5 of the Nepal-United Kingdom Agreement;

               (c)

               Safety:

                           —

                           Article 8 of the Nepal-Austria Agreement,

                           —

                           Article 9 of the Nepal-France Agreement,

                           —

                           Article 14 of the Nepal-Germany Agreement,

                           —

                           Article 10 of the Nepal-Italy Agreement,

                           —

                           Article 6 of the Nepal-Luxembourg Agreement,

                           —

                           Article 10 of the Nepal-The Netherlands Agreement;

               (d)

               Taxation of aviation fuel:

                           —

                           Article 9 of the Nepal-Austria Agreement,

                           —

                           Article 12 of the Nepal-France Agreement,

                           —

                           Article 7 of the Nepal-Germany Agreement,

                           —

                           Article 6 of the Nepal-Italy Agreement,

                           —

                           Article 8 of the Nepal-Luxembourg Agreement,

                           —

                           Article 13 of the Nepal-The Netherlands Agreement,

                           —

                           Article 8 of the Nepal-United Kingdom Agreement;

               (e)

               Tariffs for carriage within the European Community:

                           —

                           Article 12 of the Nepal-Austria Agreement,

                           —

                           Article 14 of the Nepal-France Agreement,

                           —

                           Article 8 of the Nepal-Italy Agreement,

                           —

                           Article 10 of the Nepal-Luxembourg Agreement,

                           —

                           Article 8 of the Nepal-The Netherlands Agreement,

                           —

                           Article 7 of the Nepal-United Kingdom Agreement.

         ANNEX III
   LIST OF OTHER STATES REFERRED TO IN ARTICLE 2 OF THIS AGREEMENT

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


title: 2005/965/EC: Decision No 203 of  26 May 2005  amending Decision No 170 of  11 June 1998  concerning the compilation of the lists provided for in Articles 94(4) and 95(4) of Council Regulation (EEC) No 574/72 Text of relevance to the EEA and to the EU/Switzerland Agreement

text:
               31.12.2005

               EN

               Official Journal of the European Union

               L 349/27

      DECISION No 203
   of 26 May 2005
   amending Decision No 170 of 11 June 1998 concerning the compilation of the lists provided for in Articles 94(4) and 95(4) of Council Regulation (EEC) No 574/72
   (Text of relevance to the EEA and to the EU/Switzerland Agreement)
   (2005/965/EC)
   THE ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS,
   Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (1), under the terms of which it is responsible for dealing with any administrative question arising from Regulation (EEC) No 1408/71 and subsequent regulations,
   Having regard to Article 36(2) of the aforementioned Regulation (EEC) No 1408/71,
   Having regard to Articles 17(1) to (4), 29(1) to (3), 30(1) and (3), 94(4) and (5), 95(4) and (5) and 102(2) of Council Regulation (EEC) No 574/72 (2),
   Having regard to Decision No 170 (3), as amended by Decision No 185 (4),
   Whereas:

               (1)

               The introduction of the European Health Insurance Card, whose period of validity may substantially exceed that of the old form E 111, is giving rise to difficulties in compiling, in accordance with the provisions of Decision No 170, the lists provided for in Articles 94(4) and 95(4) of Regulation (EEC) No 574/72.

               (2)

               In order to ensure that the members of the family of a worker (employed or self-employed) or a pensioner and/or the members of their family are able to fully enjoy the entitlements conferred by Regulation (EEC) No 1408/71 in the event of a change of place of residence to a Member State other than the competent State, the date indicated on forms E 109 and E 121 must automatically have priority over the date of expiry of entitlements indicated on forms E 106 and E 112, the European Health Insurance Card or the new model for form E 111, and form E 128 which were issued to these persons.

               (3)

               In order to avoid double payments by the competent institution (lump sums and actual costs), procedures should be put in place which prevent the members of the family of a worker (employed or self-employed) or a pensioner and/or the members of their family, who have moved their place of residence to another Member State, from continuing to use the European Health Insurance Card issued by the competent institution beyond the start date from which the lump sums are to be calculated.

               (4)

               Procedures should also be put in place to avoid a situation where, in the event that the members of the family of a worker (employed or self-employed) or a pensioner and/or the members of their family move their place of residence within the competent State or to a Member State other than the State of residence, these persons continue to use the European Health Insurance Card issued by the institution of the place of residence beyond the date from which the lump sums are no longer to be calculated,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Article 1 of Decision No 170 is amended as follows:

               (a)

               point I.2(c) is deleted;

               (b)

               point I.2(d) is replaced by the following:
               ‘the date on which form E 109 is received by the institution of the place of residence, where neither the date on which entitlement to benefits in kind is acquired under the legislation of the competent State as provided for in paragraph (a) nor the date of change of residence as provided for in paragraph (b) is indicated on the form concerned.’;

               (c)

               the following point I.2a is inserted:
               ‘The institution of the place of residence shall inform the competent institution about the registration of the person concerned in order that the latter institution notify it of the measures to be applied on its behalf in order to avoid the person concerned continuing to use the European Health Insurance Card issued by the competent institution.
               The institution of the place of residence shall inform the person concerned that, as from the date of their registration with that institution, the European Health Insurance Card issued by the competent institution is no longer valid. Where appropriate, it shall provide a new European Health Insurance Card.’;

               (d)

               the following point I.4a is inserted:
               ‘The institution of the previous place of residence shall inform the competent institution and/or the institution of the new place of residence about the measures to be applied in order to avoid the insured person continuing to use the European Health Insurance Card issued by it beyond the date of registration.
               The competent institution and/or the institution of the new place of residence shall inform the person concerned that the European Health Insurance Card issued by the institution of the previous place of residence is no longer valid after the date from which the lump sums are no longer to be calculated. Where appropriate, it shall provide a new European Health Insurance Card.’;

               (e)

               point II.2(c) is deleted.

               (f)

               point II.2(d) is replaced by the following:
               ‘the date on which form E 121 is received by the institution of the place of residence, where neither the date on which entitlement to benefits in kind is acquired under the legislation of the competent State as provided for in paragraph (a) nor the date of change of residence as provided for in paragraph (b) is indicated on the form concerned.’;

               (g)

               the following point II.2a is inserted:
               ‘The institution of the place of residence shall inform the competent institution about the registration of the person concerned in order that the latter institution notify it of the measures to be applied in order to avoid the insured person continuing to use the European Health Insurance Card issued by it.
               The institution of the place of residence shall inform the person concerned that, as from the date of their registration with that institution, the European Health Insurance Card issued by the competent institution is no longer valid. Where appropriate, it shall provide a new European Health Insurance Card.’;

               (h)

               the following point II.4a is inserted:
               ‘The institution of the previous place of residence shall inform the competent institution and/or the institution of the new place of residence about the measures to be applied in order to avoid the insured person continuing to use the European Health Insurance Card issued by it beyond the date of registration.
               The competent institution and/or the institution of the place of residence shall inform the person concerned that the European Health Insurance Card issued by the institution of the previous place of residence is no longer valid after the date from which the lump sums are no longer to be calculated. Where appropriate, it shall provide a new European Health Insurance Card.’

         Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall apply from 1 January 2006.

            The Chairman of the Administrative Commission

         Claude EWEN

      (1)  OJ L 149, 5.7.1971, p. 2. Regulation as last amended by Regulation (EC) No 647/2005 of the European Parliament and of the Council (OJ L 117, 4.5.2005, p. 1).

      (2)  OJ L 74, 27.3.1972, p. 1. Regulation as last amended by Regulation (EC) No 647/2005.

      (3)  OJ L 275, 10.10.1998, p. 40.

      (4)  OJ L 55, 1.3.2003, p. 74.


title: 2011/573/EU: Decision of the European Parliament of 10 May 2011 on the closure of the accounts of the European Aviation Safety Agency for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/144

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on the closure of the accounts of the European Aviation Safety Agency for the financial year 2009
   (2011/573/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Aviation Safety Agency for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Aviation Safety Agency for the financial year 2009, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

               —

               having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

               —

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

               —

               having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council (3) establishing a European Aviation Safety Agency, and in particular Article 60 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0123/2011),

               1.

               Approves the closure of the accounts of the European Aviation Safety Agency for the financial year 2009;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Aviation Safety Agency, 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

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 22.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 79, 19.3.2008, p. 1.

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


title: Council Decision of 13 May 2013 appointing 12 members of the Management Board of the European Chemicals Agency

text:
               17.5.2013

               EN

               Official Journal of the European Union

               C 138/14

         COUNCIL DECISION
   of 13 May 2013
   appointing 12 members of the Management Board of the European Chemicals Agency
   2013/C 138/05
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (1), and in particular Article 79 thereof,
   Whereas:

               (1)

               Article 79 of Regulation (EC) No 1907/2006 provides that the Council is to appoint as members of the Management Board of the European Chemicals Agency (‘the Management Board’) one representative from each Member State.

               (2)

               The members of the Management Board should be appointed on the basis of their relevant experience and expertise in the field of chemical safety or the regulation of chemicals whilst also ensuring that relevant expertise is available amongst the board members in the fields of general, financial and legal matters.

               (3)

               The duration of the term of office should be four years. It should be possible to renew the term of office once.

               (4)

               By Decision of 7 June 2007 (2) the Council appointed 27 members of the Management Board.

               (5)

               The members of the Management Board nominated by the Czech Republic, Ireland, Spain, France, Italy, Luxembourg, Hungary, the Netherlands, Austria, Slovenia, Finland and Sweden were all appointed for a period ending on 31 May 2013. Members of the Management Board from these Member States should therefore be nominated and appointed for a period which commences on 1 June 2013 and runs until 31 May 2017.

               (6)

               Since the Decision of 7 June 2007, from the members appointed for the period ending on 31 May 2013, the French (3), Hungarian (4), Dutch (5), Slovenian (6), Finnish (7), and Swedish (8) members of the Management Board have been replaced.

               (7)

               The Council has received nominations from all the Member States concerned,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following persons shall be appointed members of the Management Board of the European Chemicals Agency (‘the Management Board’) for a second term running from 1 June 2013 to 31 May 2017 (name, nationality, date of birth):

               —

               Mr Karel BLÁHA, Czech, 20 December 1953,

               —

               Ms Ana FRESNO RUIZ, Spanish, 31 January 1952,

               —

               Mr Martin LYNCH, Irish, 13 August 1946,

               —

               Ms Catherine MIR, French, 20 February 1955,

               —

               Mr Antonello LAPALORCIA, Italian, 13 June 1952,

               —

               Mr Johannes Karel Barend Henri KWISTHOUT, Dutch, 6 June 1964,

               —

               Mr Thomas JAKL, Austrian, 13 June 1965,

               —

               Ms Simona FAJFAR, Slovenian, 17 November 1970,

               —

               Ms Pirkko Liisa KIVELÄ, Finnish, 23 October 1953,

               —

               Ms Nina CROMNIER, Swedish, 14 October 1966.

         Article 2
   The following persons shall be appointed members of the Management Board for a first term running from 1 June 2013 to 31 May 2017 (name, nationality, date of birth):

               —

               Mr Paul RASQUÉ, Luxembourgish, 8 July 1981,

               —

               Ms Krisztina BIRÓ, Hungarian, 5 April 1971.

         Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 13 May 2013.

            For the Council

            The President

         S. COVENEY

      (1)  OJ L 396, 30.12.2006, p. 1.

      (2)  OJ C 134, 16.6.2007, p. 6.

      (3)  OJ C 178, 31.7.2009, p. 12.

      (4)  OJ C 288, 25.9.2012, p. 4.

      (5)  OJ C 178, 31.7.2009, p. 13.

      (6)  OJ C 326, 3.12.2010, p. 4.

      (7)  OJ C 320, 16.12.2008, p. 4.

      (8)  See footnote 6.


title: 2009/290/EC: Council Decision of 20 January 2009 providing Community medium-term financial assistance for Latvia

text:
               25.3.2009

               EN

               Official Journal of the European Union

               L 79/39

      COUNCIL DECISION

   of 20 January 2009
   providing Community medium-term financial assistance for Latvia
   (2009/290/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States’ balance of payments (1) and in particular Article 3(2) thereof,
   Having regard to the proposal from the Commission made after consulting the Economic and Financial Committee (EFC),
   Whereas:

               (1)

               By Decision 2009/289/EC (2), the Council decided to grant mutual assistance for Latvia.

               (2)

               Against a background of very high external financing needs, Latvian capital and financial markets have recently come under pressure, reflecting a general deterioration in market sentiment, and increasing concerns about the health of the Latvian economy given its large imbalances in terms of wide external deficit, weakening public finances and high rates of cost and price inflation. The Latvian banking sector has experienced serious liquidity and confidence problems. The level of foreign currency reserves has decreased as the central bank intervened to preserve the currency peg.

               (3)

               Latvia’s total external financing needs up to the first quarter of 2011 are estimated at EUR 7,5 billion.

               (4)

               It is appropriate to provide Community support to Latvia of up to EUR 3,1 billion under the Facility providing medium-term financial assistance for Member States’ balance of payments established by Regulation (EC) No 332/2002. That assistance should be provided in conjunction with a loan from the International Monetary Fund (IMF) of SDR 1,5 billion (1 200 % of Latvia’s IMF quota, around EUR 1,7 billion) under an IMF Stand-by arrangement approved on 23 December 2008. The Nordic countries (Sweden, Denmark, Finland, Estonia and Norway) are to contribute EUR 1,9 billion together, the World Bank — EUR 0,4 billion, the European Bank of Reconstruction and Development, the Czech Republic and Poland — a total of EUR 0,4 billion, bringing the total to EUR 7,5 billion over the period up to the first quarter of 2011.

               (5)

               The Community assistance should be managed by the Commission. The specific economic policy conditions agreed with the authorities of Latvia after consultation of the EFC should be laid down in a Memorandum of Understanding. They should include, inter alia, measures intended to stem immediate liquidity pressures, to restore long-term stability by strengthening the banking sector, to correct fiscal imbalances and to adopt domestic policies that will improve competitiveness. The measures should include an immediate and sustained fiscal consolidation, a comprehensive bank resolution strategy, a strengthened crisis management capacity of regulatory authorities, comprehensive structural reforms, as well as other important measures. The detailed financial terms should be laid down by the Commission in the Loan Agreement.

               (6)

               The assistance should be provided with a view to stemming immediate liquidity pressures and conditional on policies to restore long-term stability by strengthening the banking sector, correcting fiscal imbalances and adopting domestic policies that will improve competitiveness, while maintaining the narrow-band exchange rate at its existing central rate,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The Community shall make available to Latvia a medium-term loan amounting to a maximum of EUR 3,1 billion, with a maximum average maturity of seven years.
   2.   The Community financial assistance shall be made available during a period of three years starting from the first day after the entry into force of this Decision.
   Article 2
   1.   The assistance shall be managed by the Commission in a manner consistent with Latvia’s undertakings and recommendations by the Council. Those conditions shall be laid down in a Memorandum of Understanding. The detailed financial terms shall be laid down by the Commission in the Loan Agreement.
   2.   The Commission shall, in collaboration with the EFC, verify at regular intervals that the economic policy conditions attached to the assistance are fulfilled. The Commission shall keep the EFC informed of possible refinancing of the borrowings or restructuring of the financial conditions.
   3.   Latvia shall be ready to adopt and implement additional consolidation measures to stabilise the economy, in case such measures will be necessary during the assistance programme. The Latvian authorities shall consult the Commission in advance of the adoption of any such additional measures.
   Article 3
   1.   The Community financial assistance shall be made available by the Commission to Latvia in a maximum of six instalments, the size of which will be laid down in the Memorandum of Understanding.
   2.   The first instalment shall be released subject to the entry into force of the Loan Agreement and Memorandum of Understanding.
   3.   If required in order to finance the loan, the prudent use of interest rate swaps with counterparties of highest credit quality shall be permitted.
   4.   The Commission shall decide on the release of further instalments after having obtained the opinion of the EFC.
   5.   The disbursement of each further instalment shall be made on the basis of a satisfactory implementation of the new economic programme (Economic Stabilisation and Growth Revival Programme) of the Latvian Government, included in the convergence programme, and, more particularly, of the specific economic policy conditions laid down in the Memorandum of Understanding. These shall include, inter alia:

               (a)

               adoption of a clearly-set medium-term fiscal programme designed to lower by 2011 the general government deficit to not more than the Treaty reference level of 3 % of GDP;

               (b)

               execution of the budget for 2009 as amended by the supplementary budget adopted 12 December 2008 (and to be submitted in detail by the end of March 2009), targeting a general government cash flow deficit of no higher than 5 % of GDP or 5,3 % in ESA 95 terms;

               (c)

               reduction of average public sector remuneration in nominal terms in 2009 by at least 15 % relative to the original 14 November 2008 budget and a further 2 % in 2010-11;

               (d)

               continuing measures started in 2008 to reduce employment in central government ensuring at least a 5 % reduction by the end of 2008 and total reduction of 10 % by 30 June 2009;

               (e)

               strengthening the design and implementation of budgetary procedures by the adoption of a fiscal framework and budgetary reform through an amendment to the current Budget and Financial Management law;

               (f)

               introduction of a clear and transparent wage payment system for direct public administration employees and establishment of a single human resource planning and management system for public administration institutions;

               (g)

               mechanisms to ensure wider banking sector stability in the medium to longer term, including a wide range of supervisory, prudential and monetary policy measures. These should limit credit growth to sustainable levels and avoid heavy reliance on unsecured foreign funding. Targeted examinations shall be conducted in the banking system to ensure that all banks are solvent and sufficiently capitalised;

               (h)

               appropriate measures regarding private sector debt restructuring. The appropriate legal basis for maturity and currency restructuring of existing debt shall be strengthened. Facilitating insolvency procedures and quick implementation of rehabilitation plans shall also be made a priority;

               (i)

               ensuring that the remaining minority shareholders of Parex Bank do not benefit from the resolution of the bank and measures to enhance financial stability, by means of fully nationalising Parex Bank;

               (j)

               structural reform measures supported in the context of the Lisbon strategy and implemented in Latvia’s National Reform Programme, including active labour market and lifelong learning policies, greater involvement of private sector actors in R & D and innovation activities, export promotion measures and removal of administrative burdens for businesses;

               (k)

               implementation of EU-funded projects at the planned level to help improve the contribution of the tradeable sector to economic growth;

               (l)

               measures to improve access to financing for companies and entrepreneurs, whose applications for Structural Funds have been approved, or who may be planning to apply for Structural Funds.

         Article 4
   This Decision is addressed to the Republic of Latvia.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 20 January 2009.

            For the Council

            The President

         M. KALOUSEK

      (1)  OJ L 53, 23.2.2002, p. 1.

      (2)  See page 37 of this Official Journal.


title: 2013/555/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the European Agency for the Cooperation of Energy Regulators for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/164

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on the closure of the accounts of the European Agency for the Cooperation of Energy Regulators for the financial year 2011
   (2013/555/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for the Cooperation of Energy Regulators for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Agency for the Cooperation of Energy Regulators for the financial year 2011, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 — C7-0041/2013),

               —

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

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (4), and in particular Article 24 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0068/2013),

               1.

               Approves the closure of the accounts of the European Agency for the Cooperation of Energy Regulators for the financial year 2011;

               2.

               Instructs its President to forward this Decision to the Director of the European Agency for the Cooperation of Energy Regulators, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 1.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 211, 14.8.2009, p. 1.

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


title: 2014/743/EU: Council Decision of 21 October 2014 on the launch of automated data exchange with regard to vehicle registration data (VRD) in Cyprus

text:
               29.10.2014

               EN

               Official Journal of the European Union

               L 308/100

         COUNCIL DECISION
   of 21 October 2014
   on the launch of automated data exchange with regard to vehicle registration data (VRD) in Cyprus

      (2014/743/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (5)

               Cyprus has completed the questionnaire on data protection and the questionnaire on vehicle registration data (VRD).

               (6)

               A successful pilot run has been carried out by Cyprus with the Netherlands.

               (7)

               An evaluation visit has taken place in Cyprus and a report on the evaluation visit has been produced by the Dutch/Romanian evaluation team and forwarded to the relevant Council Working Group.

               (8)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning VRD has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching of vehicle registration data (VRD), Cyprus has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Article 12 of that Decision as from the day of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 21 October 2014.

            For the Council

            The President

         S. GOZI

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


title: 2012/736/EU: Council Decision of 26 November 2012 appointing a Belgian member and a Belgian alternate member of the Committee of the Regions

text:
               29.11.2012

               EN

               Official Journal of the European Union

               L 329/18

         COUNCIL DECISION
   of 26 November 2012
   appointing a Belgian member and a Belgian alternate member of the Committee of the Regions
   (2012/736/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Belgian Government,
   Whereas:

               (1)

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

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Charles PICQUÉ.

               (3)

               An alternate member’s seat will become vacant following the appointment of Mr Alain HUTCHINSON as member of the Committee of the Regions,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               (a)

               as member:

                           —

                           Mr Alain HUTCHINSON, Membre du Parlement de la Région de Bruxelles-Capitale,

                     and

               (b)

               as alternate member:

                           —

                           Mr Charles PICQUÉ, Ministre-Président du Gouvernement de la Région de Bruxelles-Capitale.

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

      Done at Brussels, 26 November 2012.

            For the Council

            The President

         G. DEMOSTHENOUS

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

      (2)  OJ L 12, 19.1.2010, p. 11.


title: Commission Decision of 14 December 2009 amending Decision 2009/177/EC as regards eradication programmes and disease-free status of certain Member States, zones and compartments for certain aquatic animal diseases (notified under document C(2009) 9888) (Text with EEA relevance)

text:
               18.12.2009

               EN

               Official Journal of the European Union

               L 336/31

      COMMISSION DECISION

   of 14 December 2009
   amending Decision 2009/177/EC as regards eradication programmes and disease-free status of certain Member States, zones and compartments for certain aquatic animal diseases
   (notified under document C(2009) 9888)
   (Text with EEA relevance)
   (2009/975/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (1), and in particular the first subparagraph of Article 44(2) and Article 49(1) thereof,
   Whereas:

               (1)

               Commission Decision 2009/177/EC of 31 October 2008 implementing Council Directive 2006/88/EC as regards surveillance and eradication programmes and disease-free status of Member States, zones and compartments (2) lays down model forms for submission by Member States for approval of eradication programmes pursuant to Directive 2006/88/EC and for submission of documentation for approval of disease-free status pursuant to that Directive.

               (2)

               Part B of Annex I to Decision 2009/177/EC sets out lists of Member States, zones and compartments subject to eradication programmes approved in accordance with Directive 2006/88/EC. Part C of that Annex sets out lists of Member States, zones and compartments declared disease-free in accordance with that Directive.

               (3)

               Denmark submitted to the Commission a multi-annual programme for the eradication of viral haemorrhagic septicaemia (VHS) pursuant to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (3) for the period from 1 January 2009 to 31 December 2013. That programme was approved by Commission Decision 2008/897/EC of 28 November 2008 approving annual and multi-annual programmes and the financial contribution from the Community for the eradication, control and monitoring of certain animal diseases and zoonoses presented by the Member States for 2009 and following years (4). That programme complies with the requirements for approval laid down in Decision 2009/177/EC and should therefore be approved according to Article 44(2) of Directive 2006/88/EC. Accordingly, the zones covered by that programme should be inserted in Part B of the list set out in Annex I to that Decision.

               (4)

               Article 12 of Decision 2009/177/EC provides for a derogation from Directive 2006/88/EC whereby Member States are not required to submit for approval eradication programmes that were approved for the purposes of obtaining approved zone status with regard to VHS by Commission Decision 2003/634/EC of 28 August 2003 approving programmes for the purpose of obtaining the status of approved zones and of approved farms in non-approved zones with regard to viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN) in fish (5), subject to certain conditions.

               (5)

               Decision 2003/634/EC approved a programme submitted by Finland for the purpose of obtaining approved zone status with regard to VHS. Finland has now submitted a report on that programme in accordance with the requirements laid down in Decision 2009/177/EC. Accordingly, the zones covered by that programme should therefore be inserted in the list in Part B of Annex I to that Decision.

               (6)

               Germany submitted to the Commission a multi-annual programme for the eradication of koi herpes virus (KHV) disease pursuant to Decision 90/424/EEC. That programme was approved by Decision 2008/897/EC for the period from 1 January 2009 to 31 December 2013. That programme complies with the requirements for approval laid down in Decision 2009/177/EC and should therefore be approved according to Article 44(2) of Directive 2006/88/EC. Accordingly, the zones covered by that programme should be inserted in Part B of the list set out in Annex I to that Decision.

               (7)

               The whole territory of the United Kingdom is currently listed in Part C of Annex I to Decision 2009/177/EC as declared disease-free in accordance with Directive 2006/88/EC as regards infectious salmon anaemia (ISA). The United Kingdom has notified the presence of ISA in a compartment previously declared free of that disease. Accordingly, the entry for that Member State as regards ISA should be amended in the list set out in Part C of Annex I to Decision 2009/177/EC.

               (8)

               The United Kingdom has now submitted for approval an eradication programme with regard to ISA to be applied in the South West Shetland Islands. That programme complies with the requirements of Decision 2009/177/EC. Accordingly, it should be approved and the South West Shetland Islands should be inserted in Part B of the list set out in Annex I to that Decision.

               (9)

               Decision 2003/634/EC approved a programme submitted by the United Kingdom for the purpose of obtaining approved zone status with regard to VHS. The United Kingdom has now submitted a report on that programme in accordance with the requirements laid down in Decision 2009/177/EC in order to obtain a declaration of disease-free status for those zones. That report complies with the requirements of Decision 2009/177/EC. Accordingly, those zones should therefore be inserted in the list of Part C of Annex I to that Decision.

               (10)

               In addition, the whole coastline of Northern Ireland, except for Lough Foyle, is currently listed in Part C of Annex I to Decision 2009/177/EC as being declared disease-free as regards infection with Bonamia ostreae. The United Kingdom has now notified the presence of infection with Bonamia ostreae in Strangforth Lough on that coastline. Strangforth Lough should therefore be excluded from the territory declared disease-free in the list set out in Part C of Annex I to that Decision.

               (11)

               Decision 2009/177/EC should therefore be amended accordingly.

               (12)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DECISION:
   Article 1
   Annex I to Decision 2009/177/EC is amended in accordance with the Annex to this Decision.
   Article 2
   This Decision is addressed to the Member States.

      Done at Brussels, 14 December 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 328, 24.11.2006, p. 14.

      (2)  OJ L 63, 7.3.2009, p. 15.

      (3)  OJ L 224, 18.8.1990, p. 19.

      (4)  OJ L 322, 2.12.2008, p. 39.

      (5)  OJ L 220, 3.9.2003, p. 8.

      ANNEX
      In Annex I, Parts B and C are replaced by the following:

         ‘PART B

            Member States, zones and compartments subject to approved eradication programmes

                     Disease

                     Member State

                     ISO Code

                     Geographical demarcation of the area under an eradication programme (Member State, zones or compartments)

                     Viral haemorrhagic septicaemia (VHS)

                     Denmark

                     DK

                     The following water catchments: Tim Å, Hover Å, Heager Å, Velling Å, Skjern Å, Hemmet Mølle Bæk, Lydum Å, Kongeå, Kolding Å, Vejle Å and Holmsland Klit.

                     Finland

                     FI

                     The Province of Åland;
                     The municipalities of Uusikaupunki, Pyhäranta and Rauma.

                     Infectious haematopoietic necrosis (IHN)

                     Koi herpes virus (KHV) disease

                     Germany

                     DE

                        Land Saxony

                     Infectious salmon anaemia (ISA)

                     United Kingdom

                     UK

                     South West Shetland Islands

                     Infection with Marteilia refringens

                     Infection with Bonamia ostreae

                     White spot disease

            PART C

            Member States, zones and compartments declared disease-free

                     Disease

                     Member State

                     ISO Code

                     Geographical demarcation of the disease-free area (Member State, zones or compartments)

                     Viral haemorrhagic septicaemia (VHS)

                     Denmark

                     DK

                     The water catchment and the coastal areas of:

                                 —

                                 Hansted Å

                                 —

                                 Hovmølle Å

                                 —

                                 Grenå

                                 —

                                 Treå

                                 —

                                 Alling Å

                                 —

                                 Kastbjerg

                                 —

                                 Villestrup Å

                                 —

                                 Korup Å

                                 —

                                 Sæby Å

                                 —

                                 Elling Å

                                 —

                                 Uggerby Å

                                 —

                                 Lindenborg Å

                                 —

                                 Øster Å

                                 —

                                 Hasseris Å

                                 —

                                 Binderup Å

                                 —

                                 Vidkær Å

                                 —

                                 Dybvad Å

                                 —

                                 Bjørnsholm Å

                                 —

                                 Trend Å

                                 —

                                 Lerkenfeld Å

                                 —

                                 Vester Å

                                 —

                                 Lønnerup med tilløb

                                 —

                                 Fiskbæk Å

                                 —

                                 Slette Å

                                 —

                                 Bredkær Bæk

                                 —

                                 Vandløb til Kilen

                                 —

                                 Resenkær Å

                                 —

                                 Klostermølle Å

                                 —

                                 Hvidbjerg Å

                                 —

                                 Knidals Å

                                 —

                                 Spang Å

                                 —

                                 Simested Å

                                 —

                                 Skals Å

                                 —

                                 Jordbro Å

                                 —

                                 Fåremølle Å

                                 —

                                 Flynder Å

                                 —

                                 Damhus Å

                                 —

                                 Karup Å

                                 —

                                 Gudenåen

                                 —

                                 Halkær Å

                                 —

                                 Storåen

                                 —

                                 Århus Å

                                 —

                                 Bygholm Å

                                 —

                                 Grejs Å

                                 —

                                 Ørum Å

                     Ireland

                     IE

                     All continental and coastal areas within its territory, except:

                                 1.

                                 Cape Clear Island

                     Cyprus

                     CY

                     All continental areas within its territory

                     Finland

                     FI

                     All continental and coastal areas within its territory, except:

                                 1.

                                 the Province of Åland;

                                 2.

                                 the municipalities of Uusikaupunki, Pyhäranta and Rauma.

                     Sweden

                     SE

                     Whole territory

                     United Kingdom

                     UK

                     All continental and coastal areas within Great Britain, Northern Ireland, Guernsey, the Isle of Man and Jersey.

                     Infectious haematopoietic necrosis (IHN)

                     Denmark

                     DK

                     Whole territory

                     Ireland

                     IE

                     Whole territory

                     Cyprus

                     CY

                     All continental areas within its territory

                     Finland

                     FI

                     Whole territory

                     Sweden

                     SE

                     Whole territory

                     United Kingdom

                     UK

                     All continental and coastal areas within Great Britain, Northern Ireland, Guernsey, the Isle of Man and Jersey.

                     Koi herpes virus (KHV) disease

                     Infectious salmon anaemia (ISA)

                     Belgium

                     BE

                     Whole territory

                     Bulgaria

                     BG

                     Whole territory

                     Czech Republic

                     CZ

                     Whole territory

                     Denmark

                     DK

                     Whole territory

                     Germany

                     DE

                     Whole territory

                     Estonia

                     EE

                     Whole territory

                     Ireland

                     IE

                     Whole territory

                     Greece

                     EL

                     Whole territory

                     Spain

                     ES

                     Whole territory

                     France

                     FR

                     Whole territory

                     Italy

                     IT

                     Whole territory

                     Cyprus

                     CY

                     Whole territory

                     Latvia

                     LV

                     Whole territory

                     Lithuania

                     LT

                     Whole territory

                     Luxembourg

                     LU

                     Whole territory

                     Hungary

                     HU

                     Whole territory

                     Malta

                     MT

                     Whole territory

                     Netherlands

                     NL

                     Whole territory

                     Austria

                     AT

                     Whole territory

                     Poland

                     PL

                     Whole territory

                     Portugal

                     PT

                     Whole territory

                     Romania

                     RO

                     Whole territory

                     Slovenia

                     SI

                     Whole territory

                     Slovakia

                     SK

                     Whole territory

                     Finland

                     FI

                     Whole territory

                     Sweden

                     SE

                     Whole territory

                     United Kingdom

                     UK

                     All continental and coastal areas within Great Britain, Northern Ireland, Guernsey, the Isle of Man and Jersey except South West Shetland Islands.

                     Infection with Marteilia refringens

                     Ireland

                     IE

                     The whole territory

                     United Kingdom

                     UK

                     The whole coastline of Great Britain.
                     The whole coastline of Northern Ireland.
                     The whole coastline of Guernsey and Herm.
                     The coastal area of the States of Jersey: the area consists of the intertidal and immediate coastal area between the mean high-water mark on the Island of Jersey and an imaginary line drawn three nautical miles from the mean low-water mark of the Island of Jersey. The area is situated in the Normano-Breton Gulf, on the south side of the English Channel.
                     The whole coastline of the Isle of Man.

                     Infection with Bonamia ostreae

                     Ireland

                     IE

                     The whole coastline of Ireland, except:

                                 1.

                                 Cork Harbour;

                                 2.

                                 Galway Bay;

                                 3.

                                 Ballinakill Harbour;

                                 4.

                                 Clew Bay;

                                 5.

                                 Achill Sound;

                                 6.

                                 Loughmore, Blacksod Bay;

                                 7.

                                 Lough Foyle;

                                 8.

                                 Lough Swilly.

                     United Kingdom

                     UK

                     The whole coastline of Great Britain, except:

                                 1.

                                 the south coast of Cornwall from the Lizard to Start Point;

                                 2.

                                 the coast of Dorset, Hampshire and Sussex from Portland Bill to Selsey Bill;

                                 3.

                                 the area along the coast of North Kent and Essex from North Foreland to Felixstowe;

                                 4.

                                 the area along the coast in south-west Wales from Wooltack Point to St Govan’s Head, including Milford Haven and the tidal waters of the East and West Cleddau river;

                                 5.

                                 the area containing the waters of Loch Sunart east of a line drawn south-south-east from the northernmost tip of Maclean’s Nose to Auliston Point;

                                 6.

                                 the area containing West Loch Tarbert north east of a line drawn east south east at Ardpatrick Point NR 734 578 to North Dunskeig Bay at NR 752 568.

                           The whole coastline of Northern Ireland, except:

                                 1.

                                 Lough Foyle;

                                 2.

                                 Strangford Lough.

                           The whole coastline of Guernsey, Herm and the Isle of Man.
                     The coastal area of the States of Jersey: the area consists of the intertidal and immediate coastal area between the mean high-water mark on the Island of Jersey and an imaginary line drawn three nautical miles from the mean low water mark of the Island of Jersey. The zone is situated in the Normano-Breton Gulf, on the south side of the English Channel.

                     White spot disease’


Avis juridique important

|

31986D0091

86/91/EEC: Council Decision of 10 March 1986 giving a discharge to the Commission in respect of the implementation of the operations of the European Development Fund (1969) (Third EDF) for the financial year 1984

Official Journal L 080 , 25/03/1986 P. 0048 - 0048

*****COUNCIL  DECISION  of 10 March 1986  giving a discharge to the Commission in respect of the implementation of the operations of the European Development Fund (1969) (Third EDF) for the financial year 1984  (86/91/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Convention of Association between the European Economic Community and the African States and Madagascar associated with the Community (1), signed at Yaoundé on 29 July 1969,  Having regard to Council Decision 70/549/EEC of 29 September 1970 on the association of the overseas countries and territories with the European Economic Community (2),  Having regard to the Internal Agreement on the financing and administration of Community aid (3), signed at Yaoundé on 29 July 1969, and in particular Article 22 thereof,  Having regard to the Financial Regulation of the European Development Fund (1969) set up under the Internal Agreement on the financing and administration of Community aid (4), and in particular Articles 7 and 8 thereof,  Having regard to the Council Decisions of 30 May 1972 and 30 October 1978 on the transfer and utilization of the unexpended balances of the First and Second EDFs,  Having regard to the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1969) (Third EDF) as at 31 December 1984,  Having regard to the report of the Court of Auditors for the financial year 1984 together with the Commission's replies (5),  Recalling that, in accordance with the provisions applicable to the implementation of the European Development Fund (1969) (Third EDF), only the Council, acting by a qualified majority, shall give a discharge to the Commission in respect of the financial administration of the Fund;  Whereas, by Decision 80/1184/EEC (6), the European unit of account was replaced by the ECU to express the amounts of financial assistance under the Second ACP-EEC Convention and the previous conventions;  Whereas revenue for the financial year 1984 consisted of the contributions of the Member States, amounting to 905 000 000 ECU, and of miscellaneous revenue of the Fund;  Whereas, pursuant to the abovementioned Council Decision of 30 October 1978, an amount of 11 516 474,85 ECU was transferred as the unexpended balance of the Second EDF to the Third EDF;  Whereas an advance of 36 463 458,18 ECU was paid to the European Development Fund (1979) (Fifth EDF);  Whereas advances of 4 537 130,01 ECU have been paid into the price stabilization funds.  Whereas, the overall implementations by the Commission of the operations of the European Development Fund (1969) (Third EDF) during the financial year 1984 was such as to warrant its being given a discharge in respect of the implementation of those operations,  HAS DECIDED AS FOLLOWS:  Article 1  The Council shall close the revenue and expenditure accounts of the European Development Fund (1969) (Third EDF) as at 31 December 1984 as follows:  - revenue: at the sum of 916 516 474,85 ECU,  - expenditure (payments): at the sum of 875 515 886,66 ECU.  Article 2  The Council hereby gives a discharge to the Commission in respect of the implementation of the operations of the European Development Fund (1969) (Third EDF) for the financial year 1984.  Done at Brussels, 10 March 1986.  For the Council  The President  H. RUDING  (1) OJ No L 282, 28. 10. 1970, p. 2.  (2) OJ No L 282, 28. 12. 1970, p. 83.  (3) OJ No L 282, 28. 12. 1970, p. 47.  (4) OJ No L 31, 8. 2. 1971, p. 1.  (5) OJ No C 326, 16. 12. 1985, p. 107 and 208.  (6) OJ No L 349, 18. 12. 1980, p. 34.