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

text:
               9.6.2017

               EN

               Official Journal of the European Union

               L 146/133

         COUNCIL DECISION (EU) 2017/971
   of 8 June 2017
   determining the planning and conduct arrangements for EU non-executive military CSDP missions and amending Decisions 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces, 2013/34/CFSP on a European Union military mission to contribute to the training of the Malian armed forces (EUTM Mali) and (CFSP) 2016/610 on a European Union CSDP military training mission in the Central African Republic (EUTM RCA)
   THE COUNCIL OF THE EUROPEAN UNION
   Having regard to the Treaty on European Union, in particular Articles 42(4) and 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               The Council has determined that it is necessary to strengthen the planning and conduct of EU non-executive military missions.

               (2)

               In its conclusions of 6 March 2017, the Council agreed to establish, as a short term objective, a Military Planning and Conduct Capability (MPCC) within the EU Military Staff (EUMS) in Brussels, which will be responsible at the strategic level for the operational planning and conduct of non-executive military missions, working under the political control and strategic direction of the Political and Security Committee (PSC).

               (3)

               The newly created MPCC will work in parallel and in a coordinated way with the Civilian Planning and Conduct Capability, notably through a Joint Support Coordination Cell.

               (4)

               In its conclusions of 6 March 2017, the Council decided that the Director General of the EUMS will be the Director of the MPCC and, in that capacity, will assume the functions of missions' commander for non-executive military missions, including the three EU training missions (EUTMs) deployed in Somalia, Mali and the Central African Republic, in line with the Terms of Reference for the Director of the MPCC.

               (5)

               In its conclusions of 6 March 2017, the Council also agreed to proposals on strategic foresight and oversight through which the Council, the High Representative of the Union for Foreign Affairs and Security Policy (HR) and the PSC can be effectively supported, in the exercise of their respective responsibilities in relation to non-executive military missions, by the relevant European External Action Service (EEAS) crisis management structures, including through systematic interaction and coordination between the missions' commander and those structures at the strategic political level, without prejudice to the chain of command.

               (6)

               On 8 June 2017, the Council approved the consolidated Terms of Reference of the EUMS, including the MPCC. Those Terms of Reference respect the specificities of the EUMS and the particularities of its functions, in accordance with point (a) of Article 4(3) of Council Decision 2010/427/EU (1) establishing the organisation and functioning of the EEAS, as adapted to the new command and control arrangements approved by the Council, and replace the Terms of Reference of the EUMS annexed to Council Decision 2001/80/CFSP (2) on the establishment of the military staff of the European Union, which are no longer applicable. The MPCC will therefore perform the tasks assigned to it in the new consolidated Terms of Reference.

               (7)

               The necessary preparations have been made for the MPCC to assume its responsibilities, particularly in relation to the EUTMs deployed in Somalia, Mali and in the Central African Republic.

               (8)

               The Council should accordingly lay down the planning and conduct arrangements for non-executive military missions and amend the chain of command of those three missions.

               (9)

               The Director of the MPCC should exercise the responsibilities of the operation commander under Council Decision (CFSP) 2015/528 (3) establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena).

               (10)

               Mission Force Commanders of the EUTMs should, whenever applicable, be associated to the recommendations of the missions' commander to the PSC in relation to third-state participation.

               (11)

               Without prejudice to the chain of command, the EU Mission Force Commanders should receive local political guidance from the EU Special Representatives, where applicable, and relevant Union delegations in the region.

               (12)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark does not participate in the implementation of this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The responsibility for the operational planning and conduct of EU non-executive military missions at the military strategic level shall be assigned to the Director of the Military Planning and Conduct Capability (MPCC).
   2.   At the operational level in theatre, non-executive military missions shall, when established, be led by an EU Mission Force Commander, who shall act under the command of the Director of the MPCC in exercising the functions of missions' commander.
   3.   The Director of the MPCC, in exercising the functions of missions' commander for non-executive military missions, shall act under the political control and strategic direction of the Political and Security Committee, in accordance with Article 38 of the Treaty.
   Article 2
   1.   In line with agreed EU principles for command and control, and in accordance with the revised Terms of Reference of the EUMS, the MPCC shall support the Director of the MPCC in exercising his or her functions as missions' commander, as the static, out-of-area command and control structure at the military strategic level which is responsible for the operational planning and conduct of non-executive military missions, including the building up, launching, sustaining and recovery of Union forces.
   2.   In theatre, when a mission is established, a Mission Force Headquarters shall assist the EU Mission Force Commander.
   Article 3
   The Director of the MPCC, in assuming the functions of missions' commander, shall exercise the responsibilities of the operation commander under Decision (CFSP) 2015/528.
   Article 4
   Council Decision 2010/96/CFSP (4) is amended as follows:

               (1)

               Paragraphs 1 and 2 of Article 2 are replaced by the following:
               ‘1.   The Director of the Military Planning and Conduct Capability (MPCC) shall be EUTM Somalia mission commander.
               2.   Brigadier General Maurizio Morena is hereby appointed EU Mission Force Commander of EUTM Somalia.’.

               (2)

               Paragraphs 1 and 2 of Article 3 are replaced by the following:
               ‘1.   The MPCC shall be the static command and control structure at the military strategic level outside the area of operations, which is responsible for the operational planning and conduct of EUTM Somalia.
               2.   The Mission Force Headquarters of EUTM Somalia shall be located in Mogadishu and shall operate under the command of the EU Mission Force Commander. It shall include a liaison office in Nairobi.
               3.   A support cell in Brussels of the Mission Force Headquarters shall be included in the MPCC until the MPCC has reached full operational capacity.’.

               (3)

               In Article 5(1), at the end of the fourth sentence, the words ‘the EU Mission Commander’ are replaced by:
               ‘the EU Mission Force Commander’.

               (4)

               In Article 5(3), the following words are inserted in the second sentence before the words ‘to its meetings’:
               ‘and the EU Mission Force Commander’.

               (5)

               In Article 6(2), the following words are inserted in the second sentence before the words ‘to its meetings’:
               ‘and the EU Mission Force Commander’.

               (6)

               Article 7(2) is replaced by the following:
               ‘2.   Without prejudice to the chain of command, the EU Mission Force Commander shall receive local political guidance from the EU Special Representative for the Horn of Africa coordinated with relevant Union delegations in the region.’.

               (7)

               In Article 8(2), the following words are inserted before the words ‘and the EUMC’:
               ‘in consultation with the EU Mission Force Commander,’.

               (8)

               In Article 11(5), the following words are added at the end of the sentence:
               ‘and/or to the EU Mission Force Commander.’.

               (9)

               In Article 13(2), the words ‘an EU Mission Commander’ are replaced by:
               ‘the EU Mission Force Commander’.

         Article 5
   Council Decision 2013/34/CFSP (5) is amended as follows:

               (1)

               Paragraphs 1 and 2 of Article 2 are replaced by the following:
               ‘1.   The Director of the Military Planning and Conduct Capability (MPCC) shall be EUTM Mali mission commander.
               2.   Brigadier General Peter Devogelaere is hereby appointed EU Mission Force Commander of EUTM Mali.’.

               (2)

               Paragraphs 1 and 2 of Article 3 are replaced by the following:
               ‘1.   The MPCC shall be the static command and control structure at the military strategic level outside the area of operations, which is responsible for the operational planning and conduct of EUTM Mali.
               2.   The Mission Force Headquarters of EUTM Mali shall be located in Mali and shall operate under the command of the EU Mission Force Commander.
               3.   A support cell in Brussels of the Mission Force Headquarters shall be included in the MPCC until the MPCC has reached full operational capacity.’.

               (3)

               In Article 5(1), at the end of the fourth sentence, the words ‘EU Mission Commanders’ are replaced by:
               ‘EU Mission Force Commanders’.

               (4)

               In Article 5(3), the following words are inserted in the second sentence before the words ‘to its meetings’:
               ‘and the EU Mission Force Commander’.

               (5)

               In Article 6(2), the following words are inserted in the second sentence before the words ‘to its meetings’:
               ‘and the EU Mission Force Commander’.

               (6)

               Article 7(2) is replaced by the following:
               ‘2.   Without prejudice to the chain of command, the EU Mission Force Commander shall receive local political guidance from the European Union Special Representative for the Sahel coordinated with the Head of the Union Delegation in Bamako.’.

               (7)

               In Article 8(2), the following words are inserted before the words ‘and the EUMC’:
               ‘in consultation with the EU Mission Force Commander,’.

               (8)

               In Article 11(5), the following words are added at the end of the sentence:
               ‘and/or to the EU Mission Force Commander.’.

         Article 6
   Council Decision (CFSP) 2016/610 (6) is amended as follows:

               (1)

               Paragraphs 1 and 2 of Article 2 are replaced by the following:
               ‘1.   The Director of the Military Planning and Conduct Capability (MPCC) shall be EUTM RCA mission commander.
               2.   Brigadier General Herman Ruys is hereby appointed EU Mission Force Commander of EUTM RCA.’.

               (2)

               Paragraphs 1 and 2 of Article 3 are replaced by the following:
               ‘1.   The MPCC shall be the static command and control structure at the military strategic level outside the area of operations, which is responsible for the operational planning and conduct of EUTM RCA.
               2.   The Mission Force Headquarters of EUTM RCA shall be located in Bangui and shall operate under the command of the Mission Force Commander.
               3.   A support cell in Brussels of the Mission Force Headquarters shall be included in the MPCC until the MPCC has reached full operational capacity.’.

               (3)

               In Article 5(1), in the fourth sentence, the words ‘the EU Mission Commanders’ are replaced by:
               ‘the EU Mission Force Commanders’.

               (4)

               In Article 5(3), the following words are inserted in the second sentence before the words ‘to its meetings’:
               ‘and the EU Mission Force Commander’.

               (5)

               In Article 6(2), the following words are inserted in the second sentence before the words ‘to its meetings’:
               ‘and the EU Mission Force Commander’.

               (6)

               Article 7(2) is replaced by the following:
               ‘2.   Without prejudice to the chain of command, the EU Mission Force Commander shall receive local political guidance from the Head of the Union Delegation to the Central African Republic.’.

               (7)

               In Article 7(4), the words ‘EU Mission Commander’ are replaced by:
               ‘EU Mission Force Commander’.

               (8)

               In Article 8(2), the following words are inserted before the words ‘and the EUMC’:
               ‘in consultation with the EU Mission Force Commander,’.

               (9)

               In Article 12(5), the following words are added at the end of the sentence:
               ‘and/or to the EU Mission Force Commander.’.

         Article 7
   Political and Security Committee Decisions (CFSP) 2016/396 (7), (CFSP) 2016/2352 (8) and (CFSP) 2017/112 (9) are hereby repealed.
   Article 8
   The Council shall review, on the basis of a report by the HR, the establishment of the MPCC and of the Joint Support Coordination Cell one year after they become fully operational, and in any event by the end of 2018.
   Article 9
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 8 June 2017.

            For the Council

            The President

         U. REINSALU

      (1)  Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30).

      (2)  Council Decision 2001/80/CFSP of 22 January 2001 on the establishment of the Military Staff of the European Union (OJ L 27, 30.1.2001, p. 7).

      (3)  Council Decision (CFSP) 2015/528 of 27 March 2015 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) and repealing Decision 2011/871/CFSP (OJ L 84, 28.3.2015, p. 39).

      (4)  Council Decision 2010/96/CFSP of 15 February 2010 on a European Union military mission to contribute to the training of Somali security forces (OJ L 44, 19.2.2010, p. 16).

      (5)  Council Decision 2013/34/CFSP of 17 January 2013 on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) (OJ L 14, 18.1.2013, p. 19).

      (6)  Council Decision (CFSP) 2016/610 of 19 April 2016 on a European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (OJ L 104, 20.4.2016, p. 21).

      (7)  Political and Security Committee Decision (CFSP) 2016/396 of 15 March 2016 on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia) and repealing Decision (CFSP) 2015/173 (EUTM Somalia/1/2016) (OJ L 73, 18.3.2016, p. 99).

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

      (9)  Political and Security Committee Decision (CFSP) 2017/112 of 10 January 2017 appointing the EU Mission Commander for the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (EUTM RCA/1/2017) (OJ L 18, 24.1.2017, p. 47).


Avis juridique important

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31974D0223

74/223/EEC: Commission Decision of 29 March 1974 on the special Rice Section of the Advisory Committee on Cereals

Official Journal L 123 , 06/05/1974 P. 0021 - 0021 Greek special edition: Chapter 03 Volume 10 P. 0215

COMMISSION DECISION  of 29 March 1974  on the special Rice Section of the Advisory Committee on Cereals  (74/223/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community;  Whereas a special Rice Section of the Advisory Committee on Cereals was set up by the Commission Decision of 20 July 1964 (1) ; whereas this Decision was repealed and replaced by the Decision of 15 May 1970 (2) and of 31 October 1973 (3);  Whereas it is necessary to make a further amendment to the text,  HAS DECIDED AS FOLLOWS:    Article 1 In the text of Article 1 of the Commission Decision of 31 October 1973 on the Rice Section of the Advisory Committee on Cereals, Article 5 is replaced by the following:  "Article 5  The Section shall, by a two-thirds majority of the members present, elect a Chairman and two Vice-Chairmen for a period of three years.  The Section may, by the like majority as aforesaid, elect further officers. In that case, the officers other than the Chairman shall consist at most of one representative of each interest represented within the Section.  The officers shall prepare and organize the work of the Section".   Article 2  This Decision shall enter into force on 29 March 1974     Done at Brussels, 29 March 1974.  For the Commission  The President  François-Xavier ORTOLI  (1)OJ No 122, 29.7.1964, p. 2051/64. (2)OJ No L 121, 4.6. 1970, p. 14. (3)OJ No L 355, 24.12.1973, p. 26.


title: 2012/406/EU: Council Decision of 16 July 2012 appointing a Spanish member and a Spanish alternate member of the Committee of the Regions

text:
               19.7.2012

               EN

               Official Journal of the European Union

               L 189/10

         COUNCIL DECISION
   of 16 July 2012
   appointing a Spanish member and a Spanish alternate member of the Committee of the Regions
   (2012/406/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 Spanish 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 Francisco ÁLVAREZ-CASCOS FERNÁNDEZ. An alternate member’s seat has become vacant following the end of the term of office of Mr José PORTILLA GONZALEZ,

         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 Javier FERNÁNDEZ FERNÁNDEZ, Presidente del Principado de Asturias;

                     and

               (b)

               as alternate member:

                           —

                           Mr Guillermo MARTÍNEZ SUÁREZ, Consejero de la Presidencia del Principado de Asturias.

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

      Done at Brussels, 16 July 2012.

            For the Council

            The President

         S. ALETRARIS

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

      (2)  OJ L 12, 19.1.2010, p. 11.


title: 2009/941/EC: Council Decision of 30 November 2009 on the conclusion by the European Community of the Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations

text:
               16.12.2009

               EN

               Official Journal of the European Union

               L 331/17

         COUNCIL DECISION
   of 30 November 2009
   on the conclusion by the European Community of the Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations
   (2009/941/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 61(c) in conjunction with the second sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:

               (1)

               The Community is working towards the establishment of a common judicial area based on the principle of mutual recognition of decisions.

               (2)

               Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (2) provides that the law applicable to maintenance obligations shall be determined in accordance with the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations (hereinafter referred to as the Protocol) in the Member States bound by that Protocol.

               (3)

               The Protocol makes a valuable contribution to ensuring greater legal certainty and predictability to maintenance creditors and debtors. Application of uniform rules to determine the applicable law will allow free circulation of decisions on maintenance obligations in the Community, without any form of control in the Member State where enforcement is sought.

               (4)

               Article 24 of the Protocol allows Regional Economic Integration Organisations such as the Community to sign, accept, approve or accede to the Protocol.

               (5)

               The Community has exclusive competence over all matters governed by the Protocol. This does not affect the positions of the Member States which are not bound by this Decision or subject to its application as referred to in Recitals 11 and 12.

               (6)

               The Community should therefore approve the Protocol.

               (7)

               The Protocol should apply between the Member States at the latest on 18 June 2011, the date of application of Regulation (EC) No 4/2009.

               (8)

               In view of the close link between the Protocol and Regulation (EC) No 4/2009, the rules of the Protocol should be applied in the Community on a provisional basis if the Protocol has not entered into force on 18 June 2011, the date of application of Regulation (EC) No 4/2009. A unilateral declaration to this effect should be made upon conclusion of the Protocol.

               (9)

               The rules of the Protocol should determine the law applicable to a maintenance obligation if a decision on that obligation is to be recognised and enforceable under the rules concerning the abolition of exequatur laid down in Regulation (EC) No 4/2009. In order to ensure that the same conflict of laws rules will be applied in the Community to maintenance claims relating to a period prior to as well as posterior to the entry into force or the provisional application of the Protocol in the Community, the rules of the Protocol should also apply to claims relating to a period prior to this event, notwithstanding Article 22 thereof. A unilateral declaration to this effect should be made upon conclusion of the Protocol.

               (10)

               In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland is taking part in the adoption and application of this Decision.

               (11)

               In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (12)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations is hereby approved on behalf of the European Community.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol in order to bind the Community.
   Article 3
   When concluding the Protocol, the Community shall make the following declaration in accordance with Article 24 thereof:

      ‘The European Community declares, in accordance with Article 24 of the Protocol, that it exercises competence over all the matters governed by the Protocol. Its Member States shall be bound by the Protocol by virtue of its conclusion by the European Community.
      For the purpose of this declaration, the term “European Community” does not include Denmark, by virtue of Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and the United Kingdom, by virtue of Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community.’.

   Article 4
   1.   Within the Community, the rules of the Protocol shall apply provisionally, without prejudice to Article 5 of this Decision, from 18 June 2011, the date of application of Regulation (EC) No 4/2009, if the Protocol has not yet entered into force on that date.
   2.   When concluding the Protocol, the Community shall make the following declaration to take into account the possible provisional application referred to in paragraph 1:

      ‘The European Community declares that it will apply the rules of the Protocol provisionally from 18 June 2011, the date of application of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (3), if the Protocol has not entered into force on that date in accordance with Article 25(1) thereof.’.

   Article 5
   1.   Notwithstanding Article 22 of the Protocol, the rules of the Protocol shall also determine the law applicable to maintenance claimed in a Member State relating to a period prior to the entry into force or the provisional application of the Protocol in the Community in situations where, under Regulation (EC) No 4/2009, proceedings are instituted, court settlements are approved or concluded and authentic instruments are established as from 18 June 2011, the date of application of Regulation (EC) No 4/2009.
   2.   When concluding the Protocol, the Community shall make the following declaration:

      ‘The European Community declares that it will apply the rules of the Protocol also to maintenance claimed in one of its Member States relating to a period prior to the entry into force or the provisional application of the Protocol in the Community in situations where, under Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (3), proceedings are instituted, court settlements are approved or concluded and authentic instruments are established as from 18 June 2011, the date of application of the said Regulation.’.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  Opinion of 24 November 2009 (not yet published in the Official Journal).

      (2)  OJ L 7, 10.1.2009, p. 1.

      (3)  OJ L 7, 10.1.2009, p. 1.
   ANNEX

         PROTOCOL

         on the law applicable to maintenance obligations

      The States signatory to this Protocol,
      Desiring to establish common provisions concerning the law applicable to maintenance obligations,
      Wishing to modernise the Hague Convention of 24 October 1956 on the law applicable to maintenance obligations towards children and the Hague Convention of 2 October 1973 on the Law Applicable to Maintenance Obligations,
      Wishing to develop general rules on applicable law that may supplement the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance,
      Have resolved to conclude a Protocol for this purpose and have agreed upon the following provisions:
      Article 1
      Scope
      1.   This Protocol shall determine the law applicable to maintenance obligations arising from a family relationship, parentage, marriage or affinity, including a maintenance obligation in respect of a child regardless of the marital status of the parents.
      2.   Decisions rendered in application of this Protocol shall be without prejudice to the existence of any of the relationships referred to in paragraph 1.
      Article 2
      Universal application
      This Protocol applies even if the applicable law is that of a non-Contracting State.
      Article 3
      General rule on applicable law
      1.   Maintenance obligations shall be governed by the law of the State of the habitual residence of the creditor, save where this Protocol provides otherwise.
      2.   In the case of a change in the habitual residence of the creditor, the law of the State of the new habitual residence shall apply as from the moment when the change occurs.
      Article 4
      Special rules favouring certain creditors
      1.   The following provisions shall apply in the case of maintenance obligations of:

                  (a)

                  parents towards their children;

                  (b)

                  persons, other than parents, towards persons who have not attained the age of 21 years, except for obligations arising out of the relationships referred to in Article 5; and

                  (c)

                  children towards their parents.

            2.   If the creditor is unable, by virtue of the law referred to in Article 3, to obtain maintenance from the debtor, the law of the forum shall apply.
      3.   Notwithstanding Article 3, if the creditor has seized the competent authority of the State where the debtor has his habitual residence, the law of the forum shall apply. However, if the creditor is unable, by virtue of this law, to obtain maintenance from the debtor, the law of the State of the habitual residence of the creditor shall apply.
      4.   If the creditor is unable, by virtue of the laws referred to in Article 3 and paragraphs 2 and 3 of this Article, to obtain maintenance from the debtor, the law of the State of their common nationality, if there is one, shall apply.
      Article 5
      Special rule with respect to spouses and ex-spouses
      In the case of a maintenance obligation between spouses, ex-spouses or parties to a marriage which has been annulled, Article 3 shall not apply if one of the parties objects and the law of another State, in particular the State of their last common habitual residence, has a closer connection with the marriage. In such a case the law of that other State shall apply.
      Article 6
      Special rule on defence
      In the case of maintenance obligations other than those arising from a parent-child relationship towards a child and those referred to in Article 5, the debtor may contest a claim from the creditor on the ground that there is no such obligation under both the law of the State of the habitual residence of the debtor and the law of the State of the common nationality of the parties, if there is one.
      Article 7
      Designation of the law applicable for the purpose of a particular proceeding
      1.   Notwithstanding Articles 3 to 6, the maintenance creditor and debtor for the purpose only of a particular proceeding in a given State may expressly designate the law of that State as applicable to a maintenance obligation.
      2.   A designation made before the institution of such proceedings shall be in an agreement, signed by both parties, in writing or recorded in any medium, the information contained in which is accessible so as to be usable for subsequent reference.
      Article 8
      Designation of the applicable law
      1.   Notwithstanding Articles 3 to 6, the maintenance creditor and debtor may at any time designate one of the following laws as applicable to a maintenance obligation:

                  (a)

                  the law of any State of which either party is a national at the time of the designation;

                  (b)

                  the law of the State of the habitual residence of either party at the time of designation;

                  (c)

                  the law designated by the parties as applicable, or the law in fact applied, to their property regime;

                  (d)

                  the law designated by the parties as applicable, or the law in fact applied, to their divorce or legal separation.

            2.   Such agreement shall be in writing or recorded in any medium, the information contained in which is accessible so as to be usable for subsequent reference, and shall be signed by both parties.
      3.   Paragraph 1 shall not apply to maintenance obligations in respect of a person under the age of 18 years or of an adult who, by reason of an impairment or insufficiency of his or her personal faculties, is not in a position to protect his or her interest.
      4.   Notwithstanding the law designated by the parties in accordance with paragraph 1, the question of whether the creditor can renounce his or her right to maintenance shall be determined by the law of the State of the habitual residence of the creditor at the time of the designation.
      5.   Unless at the time of the designation the parties were fully informed and aware of the consequences of their designation, the law designated by the parties shall not apply where the application of that law would lead to manifestly unfair or unreasonable consequences for any of the parties.
      Article 9
      ‘Domicile’ instead of ‘nationality’
      A State which has the concept of ‘domicile’ as a connecting factor in family matters may inform the Permanent Bureau of the Hague Conference on Private International Law that, for the purpose of cases which come before its authorities, the word ‘nationality’ in Articles 4 and 6 is replaced by ‘domicile’ as defined in that State.
      Article 10
      Public bodies
      The right of a public body to seek reimbursement of a benefit provided to the creditor in place of maintenance shall be governed by the law to which that body is subject.
      Article 11
      Scope of the applicable law
      The law applicable to the maintenance obligation shall determine inter alia:

                  (a)

                  whether, to what extent and from whom the creditor may claim maintenance;

                  (b)

                  the extent to which the creditor may claim retroactive maintenance;

                  (c)

                  the basis for calculation of the amount of maintenance, and indexation;

                  (d)

                  who is entitled to institute maintenance proceedings, except for issues relating to procedural capacity and representation in the proceedings;

                  (e)

                  prescription or limitation periods;

                  (f)

                  the extent of the obligation of a maintenance debtor, where a public body seeks reimbursement of benefits provided for a creditor in place of maintenance.

            Article 12
      Exclusion of renvoi
      In the Protocol, the term ‘law’ means the law in force in a State other than its choice of law rules.
      Article 13
      Public policy
      The application of the law determined under the Protocol may be refused only to the extent that its effects would be manifestly contrary to the public policy of the forum.
      Article 14
      Determining the amount of maintenance
      Even if the applicable law provides otherwise, the needs of the creditor and the resources of the debtor as well as any compensation which the creditor was awarded in place of periodical maintenance payments shall be taken into account in determining the amount of maintenance.
      Article 15
      Non-application of the Protocol to internal conflicts
      1.   A Contracting State in which different systems of law or sets of rules of law apply to maintenance obligations shall not be bound to apply the rules of the Protocol to conflicts solely between such different systems or sets of rules of law.
      2.   This Article shall not apply to a Regional Economic Integration Organisation.
      Article 16
      Non-unified legal systems – territorial
      1.   In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Protocol apply in different territorial units:

                  (a)

                  any reference to the law of a State shall be construed as referring, where appropriate, to the law in force in the relevant territorial unit;

                  (b)

                  any reference to competent authorities or public bodies of that State shall be construed as referring, where appropriate, to those authorised to act in the relevant territorial unit;

                  (c)

                  any reference to habitual residence in that State shall be construed as referring, where appropriate, to habitual residence in the relevant territorial unit;

                  (d)

                  any reference to the State of which two persons have a common nationality shall be construed as referring to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the maintenance obligation is most closely connected;

                  (e)

                  any reference to the State of which a person is a national shall be construed as referring to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the person has the closest connection.

            2.   For the purpose of identifying the applicable law under the Protocol in relation to a State which comprises two or more territorial units each of which has its own system of law or set of rules of law in respect of matters covered by this Protocol, the following rules apply:

                  (a)

                  if there are rules in force in such a State identifying which territorial unit’s law is applicable, the law of that unit applies;

                  (b)

                  in the absence of such rules, the law of the relevant territorial unit as defined in paragraph 1 applies.

            3.   This Article shall not apply to a Regional Economic Integration Organisation.
      Article 17
      Non-unified legal systems – inter-personal conflicts
      For the purpose of identifying the applicable law under the Protocol in relation to a State which has two or more systems of law or sets of rules of law applicable to different categories of persons in respect of matters covered by this Protocol, any reference to the law of such State shall be construed as referring to the legal system determined by the rules in force in that State.
      Article 18
      Coordination with prior Hague Maintenance Conventions
      As between the Contracting States, this Protocol replaces the Hague Convention of 2 October 1973 on the Law Applicable to Maintenance Obligations and the Hague Convention of 24 October 1956 on the law applicable to maintenance obligations towards children.
      Article 19
      Coordination with other instruments
      1.   This Protocol does not affect any other international instrument to which Contracting States are or become Parties and which contains provisions on matters governed by the Protocol, unless a contrary declaration is made by the States Parties to such instrument.
      2.   Paragraph 1 also applies to uniform laws based on special ties of a regional or other nature between the States concerned.
      Article 20
      Uniform interpretation
      In the interpretation of this Protocol, regard shall be had to its international character and to the need to promote uniformity in its application.
      Article 21
      Review of the practical operation of the Protocol
      1.   The Secretary General of the Hague Conference on Private International Law shall as necessary convene a Special Commission in order to review the practical operation of the Protocol.
      2.   For the purpose of such review Contracting States shall cooperate with the Permanent Bureau of the Hague Conference on Private International Law in the gathering of case law concerning the application of the Protocol.
      Article 22
      Transitional provisions
      This Protocol shall not apply to maintenance claimed in a Contracting State relating to a period prior to its entry into force in that State.
      Article 23
      Signature, ratification and accession
      1.   This Protocol is open for signature by all States.
      2.   This Protocol is subject to ratification, acceptance or approval by the signatory States.
      3.   This Protocol is open for accession by all States.
      4.   Instruments of ratification, acceptance, approval or accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Protocol.
      Article 24
      Regional Economic Integration Organisations
      1.   A Regional Economic Integration Organisation which is constituted solely by sovereign States and has competence over some or all of the matters governed by the Protocol may equally sign, accept, approve or accede to the Protocol. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that the Organisation has competence over matters governed by the Protocol.
      2.   The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, notify the depositary in writing of the matters governed by the Protocol in respect of which competence has been transferred to that Organisation by its Member States. The Organisation shall promptly notify the depositary in writing of any changes to its competence as specified in the most recent notice given under this paragraph.
      3.   At the time of signature, acceptance, approval or accession, a Regional Economic Integration Organisation may declare, in accordance with Article 28, that it exercises competence over all the matters governed by the Protocol and that the Member States which have transferred competence to the Regional Economic Integration Organisation in respect of the matter in question shall be bound by the Protocol by virtue of the signature, acceptance, approval or accession of the Organisation.
      4.   For the purposes of the entry into force of the Protocol, any instrument deposited by a Regional Economic Integration Organisation shall not be counted unless the Regional Economic Integration Organisation makes a declaration under paragraph 3.
      5.   Any reference to a ‘Contracting State’ or ‘State’ in the Protocol applies equally to a Regional Economic Integration Organisation that is a Party to it, where appropriate. In the event that a declaration is made by a Regional Economic Integration Organisation under paragraph 3, any reference to a ‘Contracting State’ or ‘State’ in the Protocol applies equally to the relevant Member States of the Organisation, where appropriate.
      Article 25
      Entry into force
      1.   The Protocol shall enter into force on the first day of the month following the expiration of three months after the deposit of the second instrument of ratification, acceptance, approval or accession referred to in Article 23.
      2.   Thereafter the Protocol shall enter into force:

                  (a)

                  for each State or each Regional Economic Integration Organisation referred to in Article 24 subsequently ratifying, accepting or approving the Protocol or acceding to it, on the first day of the month following the expiration of three months after the deposit of its instrument of ratification, acceptance, approval or accession;

                  (b)

                  for a territorial unit to which the Protocol has been extended in accordance with Article 26, on the first day of the month following the expiration of three months after notification of the declaration referred to in that Article.

            Article 26
      Declarations with respect to non-unified legal systems
      1.   If a State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Protocol, it may at the time of signature, ratification, acceptance, approval or accession declare in accordance with Article 28 that the Protocol shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
      2.   Any such declaration shall be notified to the depositary and shall state expressly the territorial units to which the Protocol applies.
      3.   If a State makes no declaration under this Article, the Protocol is to extend to all territorial units of that State.
      4.   This Article shall not apply to a Regional Economic Integration Organisation.
      Article 27
      Reservations
      No reservations may be made to this Protocol.
      Article 28
      Declarations
      1.   Declarations referred to in Articles 24(3) and 26(1) may be made upon signature, ratification, acceptance, approval or accession or at any time thereafter, and may be modified or withdrawn at any time.
      2.   Declarations, modifications and withdrawals shall be notified to the depositary.
      3.   A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect simultaneously with the entry into force of this Protocol for the State concerned.
      4.   A declaration made at a subsequent time, and any modification or withdrawal of a declaration, shall take effect on the first day of the month following the expiration of three months after the date on which the notification is received by the depositary.
      Article 29
      Denunciation
      1.   A Contracting State to this Protocol may denounce it by a notification in writing addressed to the depositary. The denunciation may be limited to certain territorial units of a State with a non-unified legal system to which the Protocol applies.
      2.   The denunciation shall take effect on the first day of the month following the expiration of 12 months after the date on which the notification is received by the depositary. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.
      Article 30
      Notification
      The depositary shall notify the Members of the Hague Conference on Private International Law, and other States and Regional Economic Integration Organisations which have signed, ratified, accepted, approved or acceded in accordance with Articles 23 and 24 of the following:

                  (a)

                  the signatures and ratifications, acceptances, approvals and accessions referred to in Articles 23 and 24;

                  (b)

                  the date on which this Protocol enters into force in accordance with Article 25;

                  (c)

                  the declarations referred to in Articles 24(3) and 26(1);

                  (d)

                  the denunciations referred to in Article 29.

         In witness whereof the undersigned, being duly authorised thereto, have signed this Protocol.
         Done at The Hague, on the 23rd day of November 2007, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the Members of the Hague Conference on Private International Law at the date of its Twenty-First Session and to each of the other States which have participated in that Session.


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32001D0527

2001/527/EC: Commission Decision of 6 June 2001 establishing the Committee of European Securities Regulators (Text with EEA relevance) (notified under document number C(2001) 1501)

Official Journal L 191 , 13/07/2001 P. 0043 - 0044

Commission Decisionof 6 June 2001establishing the Committee of European Securities Regulators(notified under document number C(2001) 1501)(Text with EEA relevance)(2001/527/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) The freedom to provide services and the free movement of capital constitute priority objectives of the Community, as referred to in Articles 49 and 56 of the EC Treaty.(2) Building a genuine internal market for financial services is crucial for increasing economic growth and job creation in the Community.(3) The Commission action plan for financial services(1) identifies a series of actions that are required in order to complete the single market for financial services.(4) At its meeting in Lisbon in March 2000, the European Council called for the implementation of this action plan by 2005.(5) On 17 July 2000 the Council set up the Committee of Wise Men on the regulation of European securities markets.(6) In its final report, the Committee of Wise Men called for the establishment of two committees, the European Securities Committee, comprising high-level representatives of Member States, and the Committee of European Securities Regulators, comprising senior representatives from the national public authorities competent in the field of securities in order, inter alia, to advise the Commission.(7) In its resolution on more effective securities-market regulation in the European Union, the Stockholm European Council welcomed the Commission's intention formally to establish an independent regulators committee, as proposed in the report of the Committee of Wise Men.(8) The Committee of European Securities Regulators should serve as an independent body for reflection, debate and advice for the Commission in the securities field.(9) The Committee of European Securities Regulators should also contribute to the consistent and timely implementation of Community legislation in the Member States by securing more effective cooperation between national supervisory authorities, carrying out peer reviews and promoting best practice(2).(10) The Committee of European Securities Regulators should organise its own operational arrangements and maintain close operational links with the Commission and the European Securities Committee. It should elect its chairperson from among its members.(11) The Committee of European Securities Regulators should consult extensively and at an early stage with market participants, consumers and end-users in an open and transparent manner.(12) The Committee of European Securities Regulators should draw up its own rules of procedure and fully respect the prerogatives of the institutions and the institutional balance established by the Treaty(3),HAS DECIDED AS FOLLOWS:Article 1An independent advisory group on securities in the Community, called the "Committee of European Securities Regulators" (hereinafter referred to as the "Committee"), is hereby established.Article 2The role of the Committee shall be to advise the Commission, either at the Commission's request, within a time limit which the Commission may lay down according to the urgency of the matter, or on the Committee's own initiative, in particular for the preparation of draft implementing measures in the field of securities.Article 3The Committee shall be composed of high-level representatives from the national public authorities competent in the field of securities. Each Member State shall designate a high-level representative from its competent authority to participate in the meetings of the Committee.The Commission shall be present at meetings of the Committee and shall designate a high-level representative to participate in all its debates.The Committee shall elect a chairperson from among its members.The Committee may invite experts and observers to attend its meetings.Article 4The Committee shall maintain close operational links with the Commission and the European Securities Committee.It may set up working groups.Article 5Before transmitting its opinion to the Commission, the Committee shall consult extensively and at the early stage with market participants, consumers and end-users in an open and transparent manner.Article 6The Committee shall present an annual report to the Commission.Article 7The Committee shall adopt its own rules of procedure and organise its own operational arrangements.Article 8The Committee shall take up its duties on 7 June 2001Done at Brussels, 6 June 2001.For the CommissionFrederik BolkesteinMember of the Commission(1) COM(1999) 232 final.(2) Text taken from the third paragraph of point 6 of the Stockholm European Council resolution.(3) Text taken from the last paragraph of the preamble to the Stockholm European Council resolution.


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32002D0601(02)

Council Decision of 23 May 2002 appointing an additional chairperson of a Board of Appeal and President of the Appeals Department of the Office for Harmonization in the Internal Market (Trade Marks and Designs)

Official Journal C 130 , 01/06/2002 P. 0002 - 0002

Council Decisionof 23 May 2002appointing an additional chairperson of a Board of Appeal and President of the Appeals Department of the Office for Harmonization in the Internal Market (Trade Marks and Designs)(2002/C 130/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark(1), and in particular Articles 120 and 131 thereof,Having regard to the candidatures presented by the Administrative Board of the Office for Harmonization in the Internal Market (Trade Marks and Designs) on 17 April 2002,HAS DECIDED AS FOLLOWS:Article 1Mr Bruno Paul Georges MACHADO, born in Paris (France) on 20 August 1945, is hereby appointed additional chairperson of a Board of Appeal and President of the Appeals Department of the Office for Harmonization in the Internal Market (Trade Marks and Design) for a period of five years.Article 2The date on which the five-year periods referred to in Article 1 shall commence shall be determined by the Administrative Board of the Office for Harmonization in the Internal Market (Trade Marks and Designs).Done at Brussels on 23 May 2002.For the CouncilThe PresidentP. del Castillo Vera(1) OJ L 11, 14.1.1994, p. 1.


title: 2013/203/EU: Council Decision of 22 April 2013 on the signing, on behalf of the European Union, of an Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws

text:
               27.4.2013

               EN

               Official Journal of the European Union

               L 117/6

         COUNCIL DECISION
   of 22 April 2013
   on the signing, on behalf of the European Union, of an Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws
   (2013/203/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 103 and 352, in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 10 December 2010, the Council authorised the Commission to open negotiations with the Swiss Confederation concerning cooperation on the application of the competition laws of the Union and of the Swiss Confederation.

               (2)

               The negotiations with the Swiss Confederation have been completed.

               (3)

               The Agreement should be signed subject to its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union subject to its conclusion.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 22 April 2013.

            For the Council

            The President

         S. COVENEY

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


title: Decision (EU) 2016/1458 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section II — European Council and Council

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/20

         DECISION (EU) 2016/1458 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section II — European Council and Council
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2014 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2014 (COM(2015) 377 – C8-0201/2015) (2),

               —

               having regard to the Court of Auditors’ annual report on the implementation of the budget concerning the financial year 2014, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

               —

               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 (5), and in particular Articles 55, 99, 164, 165 and 166 thereof,

               —

               having regard to Rule 94 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Constitutional Affairs (A8-0101/2016),

               1.

               Postpones its decision on granting the Secretary-General of the Council discharge in respect of the implementation of the budget of the European Council and of the Council for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution forming an integral part of it to the European Council, the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman, the European Data Protection Supervisor and the European External Action Service, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 51, 20.2.2014.

      (2)  OJ C 377, 13.11.2015, p. 1.

      (3)  OJ C 373, 5.11.2015, p. 1.

      (4)  OJ C 377, 13.11.2015, p. 146.

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


title: 2006/326/EC: Council Decision of  27 April 2006  concerning the conclusion of the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters

text:
               5.5.2006

               EN

               Official Journal of the European Union

               L 120/23

      COUNCIL DECISION

   of 27 April 2006
   concerning the conclusion of the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters
   (2006/326/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 61(c) thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not bound by the provisions of Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (2), nor subject to their application.

               (2)

               The Commission has negotiated an Agreement between the European Community and the Kingdom of Denmark extending to Denmark the provisions of Regulation (EC) No 1348/2000.

               (3)

               The Agreement was signed, on behalf of the European Community, on 19 October 2005, subject to its possible conclusion at a later date, in accordance with Council Decision 2005/794/EC of 20 September 2005 (3).

               (4)

               In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community, the United Kingdom and Ireland are taking part in the adoption and application of this Decision.

               (5)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (6)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters is hereby approved on behalf of the Community.
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to make the notification provided for in Article 10(2) of the Agreement.

      Done at Luxembourg, 27 April 2006.

            For the Council

            The President

         L. PROKOP

      (1)  Opinion delivered on 23 March 2006 (not yet published in the Official Journal).

      (2)  OJ L 160, 30.6.2000, p. 37.

      (3)  OJ L 300, 17.11.2005, p. 53.


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32003D0170

2003/170/JHA: Council Decision 2003/170/JHA of 27 February 2003 on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States

Official Journal L 067 , 12/03/2003 P. 0027 - 0030

Council Decision 2003/170/JHAof 27 February 2003on the common use of liaison officers posted abroad by the law enforcement agencies of the Member StatesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 30(1)(a), (b) and (c), Article 30(2)(c) and Article 34(2)(c) thereof,Having regard to the initiative of the Kingdom of Denmark(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) At its meeting of 3 December 1998 the Council of Justice and Home Affairs Ministers adopted the Action Plan of the Council and the Commission on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice(3), measure 48 of which states that, within five years of the Treaty's entering into force, action should be taken to promote cooperation and joint initiatives in training, the exchange of liaison officers, secondment, the use of equipment and forensic research.(2) At its meeting in Vienna on 11 and 12 December 1998 the European Council endorsed, in its conclusion 83, the Council and Commission Action Plan on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice, and in its conclusion 89 it called for a strengthening of action against organised crime in the light of the new possibilities opened up by the Treaty.(3) At its meeting in Tampere on 15 and 16 October 1999 the European Council invited the Council and the Commission, in close cooperation with the European Parliament, to promote the full and immediate implementation of the Treaty of Amsterdam, on the basis of the Action Plan adopted on 3 December 1998 by the Council of Home Affairs Ministers and endorsed at the meeting of the European Council in Vienna on 11 and 12 December 1998 and of the political guidelines and concrete objectives involving a deepening of police cooperation for the purpose of combating cross-border crime which were agreed in Tampere.(4) At its meeting in Helsinki on 10 and 11 December 1999, the European Council urged the European Union to intensify its efforts at the international level by stepping up cooperation with third countries in reducing the demand for and supply of drugs, and on justice and home affairs. The European Council also noted that there would be a need for combined efforts by all the relevant authorities, with a particular role for Europol.(5) At its meeting in Laeken on 14 and 15 December 2001 the European Council confirmed, in its conclusion 37, the guidelines and objectives defined at Tampere and also noted that there was a need for new impetus and guidelines to make good delays in some areas.(6) On 14 October 1996 the Council adopted Joint Action 96/602/JHA providing for a common framework for the initiatives of the Member States concerning liaison officers(4).(7) In the light of experience in applying the Joint Action and in the light of the provisions of the Treaty of Amsterdam on combating cross-border crime, cooperation amongst Member States on the tasks assigned to, and the posting of liaison officers to third countries and international organisations needs to be strengthened and developed.(8) Insofar as is relevant for performing the tasks defined in the Europol Convention(5), Europol will establish and maintain cooperative relations with third countries and international organisations.(9) Europol has established and will continue to establish and maintain cooperative relations with a wide range of third countries and international organisations.(10) Europol needs to be given the necessary support and means to function effectively as the focal point of European police cooperation. The European Council has stressed that Europol plays a central role in cooperation between the authorities of the Member States in investigating cross-border crime by supporting the prevention, analysis and investigation of crime at Union level.(11) Europol needs to be given the opportunity to make use to some extent of Member States' liaison officers in third countries, so as to strengthen Europol's operative support function in relation to national police authorities.(12) Member States recognise that extensive cooperation is already taking place between liaison officers posted by Member States in view of their national needs to third countries and international organisations. However, there is a need to strengthen some aspects of cooperation between those liaison officers, to make the best possible use of Member States' resources.(13) Cooperation between Member States in this area needs to be strengthened so as to facilitate the exchange of information with a view to combating serious cross-border crime.(14) Member States attach particular weight to cooperation in combating cross-border crime, as they believe that strengthening cooperation regarding the exchange of information will enhance the national authorities' capabilities to combat crime effectively. Member States believe that Europol should play a central role in this.(15) The aim of this Decision is to regulate questions relating to the fight against serious cross-border crime.(16) The provisions in the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders(6) (hereinafter "Convention implementing the Schengen Agreement") which relates to the common use of liaison officers should be developed further, with a view to strengthening cooperation between Member States in the fight against cross-border crime.(17) As regards Iceland and Norway, this Decision constitutes, with the exception of Article 8, a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis(7), which fall within the area referred to in Article 1(H) of Council Decision 1999/437/EC(8) on certain arrangements for the application of that Agreement.(18) The United Kingdom is taking part in this Decision in accordance with Article 5 of the Protocol integrating the Schengen acquis into the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community, and Article 8(2) of Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis(9).(19) Ireland is taking part in this Decision in accordance with Article 5 of the Protocol integrating the Schengen acquis into the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community, and Article 6(2) of Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis(10).(20) Council Joint Action 96/602/JHA and the provision of Article 47(4) of the Convention implementing the Schengen Agreement should accordingly be repealed,HAS DECIDED AS FOLLOWS:Article 1Definition1. In this Decision, "liaison officer" means a representative of one of the Member States, posted abroad by a law enforcement agency to one or more third countries or to international organisations to establish and maintain contacts with the authorities in those countries or organisations with a view to contributing to preventing or investigating criminal offences.2. This Decision is without prejudice to Member States' liaison officers' tasks within the framework of their responsibilities and in compliance with national law, national needs, and any more favourable agreements concluded with the host State or the international organisation.Article 2Tasks of liaison officers1. Each Member State shall ensure that its liaison officers establish and maintain direct contacts with competent authorities in the host State or the international organisation, with a view to facilitating and expediting the collection and exchange of information.2. Each Member State's liaison officer shall also contribute to the collection and exchange of information which may be used to combat serious cross-border crime, including information providing a readier knowledge of the legal systems and operational methods available in the States or international organisations concerned.3. Liaison officers shall carry out their tasks within the framework of their responsibilities and in compliance with the provisions, including those on the protection of personal data, laid down in their national laws and in any agreements concluded with host States or international organisations.Article 3Notification of the posting of liaison officers1. Member States shall inform one another of their intentions as regards the secondment of liaison officers to third States and international organisations and the General Secretariat of the Council of the European Union (the General Secretariat) each year of the posting of liaison officers, including their duties and any cooperative agreements between the Member States on the posting of liaison officers.2. The General Secretariat shall draw up an annual summary to be sent to Member States and to Europol concerning Member States' postings of liaison officers, including their duties and any cooperative agreements between the Member States on the posting of liaison officers.Article 4Liaison officer networks in third countries1. Member States shall ensure that Member States' liaison officers posted to the same third country or international organisation meet regularly or when necessary to exchange relevant information. The Member State holding the Presidency of the Council of the European Union shall ensure that its liaison officers take the initiative to hold such meetings. If the Member State holding the Presidency is not represented in the third country or international organisation concerned, then the representative of the incoming or next incoming Presidency shall take the initiative to hold the meeting. The Commission and Europol shall, where appropriate, be invited to such meetings.2. Member States shall ensure that its liaison officers posted to the same third country or international organisation provide one another with assistance in contacts with the authorities of the host State. Where relevant, Member States may agree that their liaison officers shall share tasks among themselves.3. Member States may bilaterally or multilaterally agree that liaison officers who are posted to a third country or international organisation by a Member State shall also look after the interests of one or more other Member States.Article 5Cooperation between Member States regarding the exchange of information via liaison officers in third countries1. Member States shall ensure that their liaison officers in third countries and international organisations shall, in accordance with national law and relevant international instruments and subject to compliance with applicable provisions governing the protection of personal data, provide its respective national authorities with information relating to serious criminal threats to other Member States not represented by their own liaison officers in the third country or international organisation concerned. National authorities shall assess, in accordance with national law and according to the seriousness of the threat, whether the Member States concerned should be informed.2. Member States' liaison officers in third countries or international organisations may, in accordance with national law and relevant international instruments and subject to compliance with applicable provisions governing the protection of personal data, provide information relating to serious criminal threats to other Member States directly to the liaison officers of the Member State in question, if that Member State is represented in the third country or international organisation concerned.3. In accordance with national law and relevant international instruments, Member States which do not have liaison officers in a third country or international organisation may make a request to another Member State which does have liaison officers in the third country or international organisation concerned, with a view to the exchange of relevant information.4. Member States shall deal with any request as described in paragraph 3 in accordance with their respective national law and relevant international instruments, and shall state as speedily as possible whether such a request may be met.5. Member States may consent to information being exchanged directly between liaison officers in third countries and international organisations and the authorities of other Member States, subject to compliance with applicable provisions governing the protection of personal data.6. The performance of the tasks described in paragraph 1 and 2 must not hinder liaison officers in the performance of their original duties.Article 6Joint seminars for liaison officers1. To enhance cooperation between liaison officers in one or more third countries and international organisations, where there are specific needs for knowledge of and intervention in the third countries and international organisations concerned, Member States may hold joint seminars on crime trends and on the most effective methods of combating cross-border crime taking due account of the EU acquis. The Commission and Europol shall be invited to such seminars.2. Participation in the seminars described in paragraph 1 must not hinder liaison officers in the performance of their original duties.Article 7Competent national authorities1. Member States shall designate contact points within their competent authorities to facilitate the tasks referred to in this Decision and ensure that the national contact points are able to carry out their duties efficiently and speedily.2. Member States shall inform the General Secretariat in writing of its contact points within their competent authorities and of any subsequent changes pursuant to this Decision. The General Secretariat shall publish the information in the Official Journal of the European Union.3. This Decision applies without prejudice to existing national provisions, particularly as regards the division of competence between the various authorities and services in the Member States concerned.Article 8Europol1. Member States shall facilitate, in accordance with national law and the Europol Convention, the processing of requests made by Europol to obtain information from Member States' liaison officers in third countries or international organisations where Europol is not represented. Europol's requests shall be addressed to the Member States' National Units, which, in accordance with national law and the Europol Convention, shall take a decision on the request. Information from Member States' liaison officers in third countries or international organisations shall be transmitted to Europol in accordance with national law and the Europol Convention.2. When establishing the duties of their liaison officers, Member States shall where appropriate pay attention to the tasks, which under the Europol Convention are to be carried out by Europol.Article 9Application to GibraltarThis Decision shall apply to Gibraltar.Article 10EvaluationThe Council shall evaluate the implementation of this Decision within two years of its adoption.Article 11Repeal1. Joint Action 96/602/JHA is hereby repealed.2. The provision of Article 47(4) of the Convention implementing the Schengen Agreement is hereby repealed.Article 12Entry into forceThis Decision shall enter into force 14 days after its publication in the Official Journal of the European Union.Done at Brussels, 27 February 2003.For the CouncilThe PresidentM. Chrisochoïdis(1) OJ C 176, 24.7.2002, p. 8.(2) Opinion of the European Parliament of 20 November 2002 (not yet published in the Official Journal).(3) OJ C 19, 23.1.1999, p. 1.(4) OJ L 268, 19.10.1996, p. 2.(5) OJ C 316, 27.11.1995, p. 2.(6) OJ L 239, 22.9.2000, p. 19.(7) OJ L 176, 10.7.1999, p. 36.(8) OJ L 176, 10.7.1999, p. 31.(9) OJ L 131, 1.6.2000, p. 43.(10) OJ L 64, 7.3.2002, p. 20.


title: 87/422/EEC: Council Decision of 11 December 1986 concerning the provisional application of the Agreement between the European Economic Community and Malaysia on trade in textile products

text:
No L 233 / 82                           Official Journal of the European Communities                                             19 . 8 . 87
                                                    COUNCIL DECISION
                                                     of 11 December 1986
                concerning the provisional application of the Agreement between the European Economic
                                    Community and Malaysia on trade in textile products
                                                         ( 87 / 422 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              shall be applied provisionally as from 1 January 1987
                                                                       pending its formal conclusion provided that there is a
Having regard to the Treaty establishing the European                  reciprocal provisional application on the part of the
Economic Community , and in particular Article 113                     contracting country .
thereof,
Having regard to the proposal from the Commission ,                    The text of the Agreement is attached to this Decision ( 1 ).
Whereas the Commission has , on behalf of the European
Economic Community , negotiated an Agreement with
Malaysia on trade in textile products ;                                                              Article 2
Whereas the said Agreement should be applied provisionally
as from 1 January 1987 pending the completion of the                   The Commission is invited to inform the contracting country
procedures necessary for its conclusion , provided that there          of this Decision and seek its agreement thereto , which will be
is a reciprocal provisional application on the part of the             duly communicated to the Council .
contracting country ,
HAS DECIDED AS FOLLOWS :
                                                                       Done at Brussels , 11 December 1986 .
                         Article 1                                                                                For the Council
                                                                                The President
The Agreement between the European Economic
Community and Malaysia on trade in textile products                                                                   K. CLARKE
                                                                        0 ) For technical reasons this Agreement is published in the Official
                                                                            Journal of the European Communities in the language in which it
                                                                            was negotiated .


title: 2004/490/EC, EuratomDecision of the representatives of the Governments of the Member States of the European Union of 1 May 2004 appointing judges of the Court of First Instance of the European Communities

text:
               1.5.2004

               EN

               Official Journal of the European Union

               L 169/23

      DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION

   of 1 May 2004
   appointing judges of the Court of First Instance of the European Communities
   (2004/490/EF, Euratom)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140 thereof,
   Having regard to the Treaty establishing the European Community, and in particular Article 224 thereof,
   Having regard to the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (2003 Act of Accession), and in particular Article 46(1) and (2)(b) thereof,
   Whereas:

               (1)

               Article 46(1) and (2)(b) of the 2003 Act of Accession provides for the appointment of 10 judges at the Court of First Instance. The term of office of five of those judges is to expire on 31 August 2004. These judges are to be chosen by lot. The term of office of the other judges is to expire on 31 August 2007.

               (2)

               Ten additional judges at the Court of First Instance should therefore be appointed, in accordance with the above Article and after having drawn lots as provided therein.

               (3)

               The appointment of the tenth judge can be made at a later date only,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed judges of the Court of First Instance for the period from 1 May 2004 to 31 August 2004:

               Ms Küllike JÜRIMÄE

               Mr Savvas S. PAPASAVVAS

               Mr Ottó CZÚCZ

               Ms Irena WISZNIEWSKA-BIAŁECKA

               Mr Daniel ŠVÁBY.

         Article 2
   The following are hereby appointed judges of the Court of First Instance for the period from 1 May 2004 to 31 August 2007:

               Ms Irena PELIKÁNOVÁ

               Ms Ingrīda LABUCKA

               Mr Vilenas VADAPALAS

               Ms Ena CREMONA.

         Article 3
   This Decision shall take effect on 1 May 2004.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 1 May 2004.

         A. ANDERSON

            The President