Avis juridique important

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31984Y0802(32)

Decision No 123 of 24 February 1984 concerning the interpretation of Article 22 (1) (a) of Regulation (EEC) No 1408/71 with regard to persons undergoing renal dialysis treatment

Official Journal C 203 , 02/08/1984 P. 0013 - 0013 Spanish special edition: Chapter 05 Volume 4 P. 0123  Portuguese special edition Chapter 05 Volume 4 P. 0123

DECISION No 123 of 24 February 1984 concerning the interpretation of Article 22 (1) (a) of Regulation (EEC) No 1408/71 with regard to persons undergoing renal dialysis treatment (84/C 203/32)    THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,  Having regard to Article 81 of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, self-employed persons, and members of their families moving within the Community, under which it is made responsible for dealing with all administrative questions and questions of interpretation arising from Regulation (EEC) No 1408/71 and subsequent Regulations,  Having regard to Article 22 (1) of Regulation (EEC) No 1408/71, subparagraph (a) of which provides for persons whose condition necessitates immediate sickness benefits during a stay in the territory of a Member State,  Whereas on the one hand, regard must be had to preventing the improper use of the provisions of Article 22 (1) (a) by persons who go to stay temporarily in another Member State with the intention of obtaining benefits in kind under that subparagraph without complying with the procedure referred to in subparagraph (c) of that Article which requires such persons to obtain prior authorization therefor from the competent institution;  Whereas on the other hand, too restrictive an interpretation of Article 22 (1) (a) would limit substantially the freedom of movement of persons who suffer from a condition which requires a continual and regular course of medical treatment of such a nature that it will foreseeably necessitate the provision of immediate benefits during a stay in another Member State in order for such a stay to be undertaken;  Whereas it is therefore appropriate to clarify the interpretation of Article 22 (1) (a) so as to specify that it includes within the scope of its provisions persons already undergoing renal dialysis treatment who then go for a stay in another Member State, and whose condition necessitates immediate benefits as part of such a continuing course of treatment notwithstanding any practical obligation to make prior arrangements for the provision of such benefits during that stay, and provided that the stay is undertaken for reasons other than medical;  Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71,  HAS DECIDED AS FOLLOWS:       1. The provision of renal dialysis treatment in another Member State to an employed or self-employed person, or a member of the family of such a person, shall count as a benefit of immediate necessity within the meaning of Article 22 (1) (a) of Regulation (EEC) No 1408/71 where it is provided as part of a pre-existing regular and continued course of renal dialysis treatment notwithstanding any practical obligation to make prior arrangements to secure the provision of such a benefit during the temporary stay and provided that the stay is undertaken for reasons other than medical.       2. This Decision shall be published in the Official Journal of the European Communities. It shall apply from the first day of the month following its publication.           The Chairman of the Administrative Commission  H. L. TELLIER


title: 2005/674/EC: Council Decision of 20 September 2005 appointing two members and four alternate members of the Committee of the Regions

text:
               1.10.2005

               EN

               Official Journal of the European Union

               L 256/49

      COUNCIL DECISION

   of 20 September 2005
   appointing two members and four alternate members of the Committee of the Regions
   (2005/674/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Irish Government,
   Whereas:

               (1)

               On 22 January 2002 the Council adopted Decision 2002/60/EC (1) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2002 to 25 January 2006.

               (2)

               Two members’ seats on the Committee of the Regions have become vacant following the resignations of Ms Annette McNAMARA and of Mr Royston BRADY; four alternate members’ seats on the Committee of the Regions have become vacant following the resignations of Ms Angela LUPTON, Ms Vivian O’CALLAGHAN, Mr P.J. COGHILL and Ms Catherine MURPHY,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, namely until 25 January 2006:

               (a)

               as members:

                           Ms Maria CORRIGAN
                           Member of Dun Laoghaire-Rathdown Council
                           in place of Ms Annette McNAMARA

                           Mr Paul O’DONOGHUE
                           Member of Kerry County Council
                           in place of Mr Royston BRADY;

               (b)

               as alternate members:

                           Ms Mary FREEHILL
                           Member of Dublin City Council
                           in place of Ms Angela LUPTON

                           Ms Michelle MULHERIN
                           Member of Mayo County Council
                           in place of Ms Catherine MURPHY

                           Mr Terry SHANNON
                           Member of Cork City Council
                           in place of Mr P.J. COGHILL

                           Mr Barney STEELE
                           Member of Longford County Council
                           in place of Ms Vivian O’CALLAGHAN.

         Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the day of its adoption.

      Done at Brussels, 20 September 2005.

            For the Council

            The President

         M. BECKETT

      (1)  OJ L 24, 26.1.2002, p. 38.


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31999D0790

1999/790/EC: Council Decision of 18 May 1998 on the conclusion of a Protocol adjusting trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Latvia, of the other part, to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements

Official Journal L 317 , 10/12/1999 P. 0001 - 0002

COUNCIL DECISIONof 18 May 1998on the conclusion of a Protocol adjusting trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Latvia, of the other part, to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements(1999/790/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113, in conjunction with the first sentence of Article 228(2) thereof,Having regard to the proposal from the Commission,Whereas the Protocol adjusting trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Latvia, of the other part, should be approved with a view to taking account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements;Whereas the Commission should be authorised to take measures to implement the Protocol, notably with regard to basic and processed agricultural products;Whereas by Regulations (EC) No 1926/96(1), (EC) No. 921/96(2) and (EC) No 340/97(3) the Community brought forward implementation of the measures contained in the Protocol relating to basic agricultural products, processed agricultural products, textile products and fishery products, respectively; whereas, therefore, appropriate measures should be taken to ensure a smooth transition between the preferential arrangements applied under those Regulations and those provided for by the Protocol,HAS DECIDED AS FOLLOWS:Article 1The Protocol adjusting trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Latvia, of the other part, to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements, hereinafter referred to as "the Protocol", is hereby approved on behalf of the Community.The text of the Protocol is attached to this Decision.Article 21. Detailed rules for the application of this Decision shall be adopted by the Commission according to the procedure provided for in Article 23 of Regulation (EEC) No 1766/92(4), or, where appropriate, in the relevant provisions of the other Regulations on the common organisation of the market or of Regulations (EC) No 3448/93(5) or (EC) No 2178/95(6).2. Upon this Decision taking effect, the regulations adopted by the Commission pursuant to Article 5 of Regulation (EC) No 1926/96, implementing the concessions relating to products covered by the Protocol, shall be deemed to be governed by paragraph 1.Article 31. Provisions for the application of tariff quotas and tariff ceilings provided for in the new Annexes to the Europe Agreement, including amendments and technical adaptations made necessary by amendments to the Combined Nomenclature and TARIC codes, or arising from the conclusion by the Council of agreements, protocols or exchanges of letters between the Community and Latvia, shall be adopted by the Commission, assisted by the Customs Code Committee set up by Article 247 of Regulation (EEC) No 2913/92(7), according to the procedure set out in paragraph 2 of this Article.2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chair may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chair shall not vote.The Commission shall adopt the measures, which apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event:- the Commission may defer application of the measures which it has decided for a period of not more than three months from the date of such communication,- the Council, acting by qualified majority, may take a different decision within the period referred to in the first indent.3. The Committee may examine any question concerning the application of tariff quotas and tariff ceilings which is raised by its Chair either at the latter's initiative or at the request of a Member State.4. As soon as the tariff ceilings are reached, the Commission may adopt a regulation re-establishing, until the end of the calendar year, the customs duties applicable to third countries.Article 4The President of the Council shall, on behalf of the Community, give the notification provided for in Article 7 of the Protocol.Done at Brussels, 18 May 1998.For the CouncilThe PresidentC. SHORT(1) OJ L 254, 8.10.1996, p. 1.(2) OJ L 126, 24.5.1996, p. 1.(3) OJ L 58, 27.2.1997, p. 25.(4) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) 923/96 (OJ L 126, 24.5.1996, p. 37).(5) OJ L 318, 20.12.1993, p. 18.(6) OJ L 223, 20.9.1995, p.1.(7) OJ L 302, 14.10.1992, p. 1.


title: 86/585/EEC: Council Decision of 3 November 1986 concluding an Additional Protocol to the Agreement between the European Community and Macao on trade in textile products consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

text:
No L 338 / 52                           Official Journal of the European Communities                                    29 . 11 . 86
                                                    COUNCIL DECISION
                                                     of 3 November 1986
                  concluding an Additional Protocol to the Agreement between the European Economic
                  Community and Macao on trade in textile products consequent on the accession of the
                               Kingdom of Spain and the Portuguese Republic to the Community
                                                        ( 86 / 585 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             textile products consequent on the accession of the Kingdom
                                                                      of Spain and the Portuguese Republic to the Community is
Having regard to the Treaty establishing the European                 hereby approved on behalf of the Community.
Economic Community , and in particular Article 113
thereof,                                                              The text of the Protocol is attached to this Decision .
Having    regard    to   the   recommendation     from    the
Commission ,
                                                                                Article 2
Whereas it is necessary to approve the Additional Protocol to
the Agreement between the European Economic Community
and Macao on trade in textile products to take account of the         The President of the Council shall give the notification
accession to the Community of the Kingdom of Spain and the            provided for in Article 4 of the Additional Protocol .
Portuguese Republic ,
HAS DECIDED AS FOLLOWS :
                                                                      Done at Brussels , 3 November 1986 .
                           Article 1                                                                              For the Council
                                                                                The President
The Additional Protocol to the Agreement between the
European Economic Community and Macao on trade in                                                                     A. CLARK


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31993D0072

93/72/EEC: Commission Decision of 23 December 1992 on the setting-up of an Advisory Committee for coordination in the Internal Market field

Official Journal L 026 , 03/02/1993 P. 0018 - 0019 Finnish special edition: Chapter 1 Volume 3 P. 0006  Swedish special edition: Chapter 1 Volume 3 P. 0006

COMMISSION DECISION of 23 December 1992 on the setting-up of an Advisory Committee for coordination in the Internal Market field(93/72/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas Article 8a of the Treaty establishing the European Economic Community provides for the progressive establishment over a period expiring on 31 December 1992 on the Internal Market comprising an area without internal frontiers in which the free  movement of goods, persons, services and capital is ensured;  Whereas the Council has already adopted some measures, in order to deal with possible practical problems which may arise after the abolition of these border controls; whereas the Member States themselves have also taken some measures;  Whereas the achievement of the Internal Market as an area without internal borders requires close and efficient cooperation between the Member States and the Commission;  Whereas the Council's Resolution of 7 December 1992 on making the Single Market work invites the Member States and the Commission to consider the need for strengthened cooperation to solve any practical problems which may arise;  Whereas existing Community measures in some sectors already provide arrangements to the Commission and/or exchange information between the Member States and the Commission;  Whereas these obligations for notification and these systems for the exchange of information do not cover all the sectors in which a close and efficient cooperation between the Member States and the Commission is necessary on completion of the Internal  Market in order to resolve possible practical problems especially in its early stages;  Whereas it is therefore desirable for the Commission to be advised by a committee of representatives of Member States on matters which require close and efficient cooperation to deal with practical problems requiring urgent attention,  HAS DECIDED AS FOLLOWS:  Article 1  1. There shall be attached to the Commission and Advisory Committee for coordination in the Internal Market field, hereinafter referred to as 'the Committee'.  2. The Committee shall comprise two representatives of each Member State and be chaired by a representative of the Commission.  Article 2  1. The Committee may be consulted by the Commission on any practical problem which may arise after 1 January 1993 concerning the functioning of the Internal Market other than those which are covered by action taken in accordance with  arrangements to notify to the Commission and/or exchange information between the Member States and the Commission, laid down in any other applicable Community measure or established within an existing framework for practical cooperation between the  Commission and the Member States.  2. A member of the Committee may ask the Commission that the Committee should be consulted on any matter falling with the Committee's competence.  Article 3  Working groups may be established to facilitate the Commission's work.  Article 4  1. A Secretariat for the Committee shall be provided by the Commission services.  2. The chairman may invite any person with particular competence in respect of an item included on the agenda to take part in the deliberations as an expert. Experts shall take part in the deliberations only in respect of the item for which they have  been invited to attend.  3. Representatives for the Commission services concerned shall take part in meetings of the Committee and its working groups.  4. The Committee shall be convened by the Commission and shall meet at Commission headquarters.  Article 5  1. The Committee shall discuss matters on which the Commission has requested an opinion. No vote shall be taken.  2. The Commission may, when seeking the opinion of the Committee, set a time limit within which such opinion shall be given.  3. The views expressed by the representatives of the Member States shall be included in the minutes.  Article 6  Without prejudice to the provisions of Article 214 of the Treaty, where the Commission informs the Committee that the opinion requested or the question raised is on a matter of a confidential nature, members of the Committee and, where  appropriate, the experts referred to in Article 4 (2), shall be under an obligation not to disclose information which has come to their knowledge through the work of the Committee or of its working groups.  Article 7  This Decision shall take effect on 1 January 1993.  Done at Brussels, 23 December 1992.  For the Commission Martin BANGEMANN Vice-President


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31995D0131

95/131/EC: Council Decision of 20 February 1995 on the provisional application of certain Agreements between the European Community and certain third countries on trade in textile products

Official Journal L 094 , 26/04/1995 P. 0001 - 0001

COUNCIL DECISION of 20 February 1995 on the provisional application of certain Agreements between the European Community and certain third countries on trade in textile products (95/131/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2), first sentence thereof,Having regard to the proposal from the Commission,Whereas the Commission has negotiated on behalf of the Community bilateral agreements in the form of an exchange of letters to amend the existing bilateral agreements, arrangements and protocols on trade in textile products with certain third countries to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, as provided for in Articles 75, 100 and 127 of the Act concerning the conditions of accession and the adjustments to the Treaties on which the Union is founded attached to the 1994 Treaty of Accession;Whereas these bilateral agreements should be applied on a provisional basis from 1 January 1995, pending the completion of procedures required for their conclusion, subject to reciprocal provisional application by the partner countries,HAS DECIDED AS FOLLOWS:Article 1The bilateral agreements in the form of an exchange of letters to amend the existing bilateral agreements, arrangements and protocols on trade in textile products with certain third countries to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union between the European Community, of the one part, and the respective third countries of the other part, listed in the Annex to this Decision, shall be applied on a provisional basis from 1 January 1995, pending their formal conclusion, subject to reciprocal application by the partner countries.Article 2The texts of the initialled agreements are attached to this Decision.Done at Brussels, 20 February 1995.For the CouncilThe PresidentE. ALPHANDÉRYANNEX LIST OF COUNTRIES ARGENTINABANGLADESHBELARUSBRAZILBULGARIACHINACZECH REPUBLICESTONIAHONG KONGHUNGARYINDIAINDONESIAMACAOMALAYSIAMONGOLIAPAKISTANPERUPHILIPPINESPOLANDROMANIASINGAPORESLOVAKIASOUTH KOREASRI LANKAUKRAINEURUGUAYVIETNAM


title: 2007/651/EC: Council Decision of 1 October 2007 appointing one German member and two German alternate members to the Committee of the Regions

text:
               9.10.2007

               EN

               Official Journal of the European Union

               L 262/29

      COUNCIL DECISION

   of 1 October 2007
   appointing one German member and two German alternate members to the Committee of the Regions
   (2007/651/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the German Government,
   Whereas:

               (1)

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

               (2)

               One member’s seat on the Committee of the Regions has become vacant following the end of the mandate of Ms SPECKERT. Two alternate members’ seats on the Committee of the Regions have become vacant following the end of the mandates of Ms SPIESS and Ms WISCHER,

         HAS DECIDED AS FOLLOWS:
   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 2010:

               (a)

               as member:

                           —

                           Mr Reinhard LOSKE, Senator für Umwelt, Bau, Verkehr und Europa der Freien Hansestadt Bremen, in place of Ms Sandra SPECKERT; and

                     and

               (b)

               as alternate members:

                           —

                           Mr Hermann KUHN, Mitglied der Bremischen Bürgerschaft (Landtag), in place of Ms Iris SPIESS,

                           —

                           Ms Manuela MAHNKE, Mitglied der Bremischen Bürgerschaft (Landtag), in place of Ms Christine WISCHER.

         Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Luxembourg, 1 October 2007.

            For the Council

            The President

         M. LINO

      (1)  OJ L 56, 25.2.2006, p. 75.


title: 2006/815/EC: Decision of the European Parliament of 27 April 2006 on the discharge for implementation of the European Union general budget for the financial year 2004, Section VII — Committee of the Regions

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/43

         DECISION OF THE EUROPEAN PARLIAMENT
   of 27 April 2006
   on the discharge for implementation of the European Union general budget for the financial year 2004, Section VII — Committee of the Regions
   (2006/815/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2004 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2004, Volume III (N6-0027/2005 — C6-0363/2005),

               —

               having regard to the Court of Auditors' annual report for the financial year 2004, accompanied by the replies of the institutions audited (2),

               —

               having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),

               —

               having regard to the Council's recommendation of 14 March 2006 (5971/2006 — C6-0092/2006),

               —

               having regard to Articles 272(10), 275 and 276 of the EC Treaty,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0115/2006),

               1.

               Grants discharge to the Secretary-General of the Committee of the Regions in respect of the implementation of the budget for the financial year 2004;

               2.

               Sets out its comments in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman and the European Data Protection Supervisor and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ L 53, 23.2.2004.

      (2)  OJ C 301, 30.11.2005, p. 1.

      (3)  OJ C 301, 30.11.2005, p. 9.

      (4)  OJ L 248, 16.9.2002, p. 1.

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

               6.12.2006

               EN

               Official Journal of the European Union

               L 340/44

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   with comments forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2004, Section VII — Committee of the Regions
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2004 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2004, Volume III (N6-0027/2005 — C6-0363/2005),

               —

               having regard to the Court of Auditors' annual report for the financial year 2004, accompanied by the replies of the institutions audited (2),

               —

               having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),

               —

               having regard to the Council's recommendation of 14 March 2006 (5971/2006 — C6-0092/2006),

               —

               having regard to Articles 272(10), 275 and 276 of the EC Treaty,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0115/2006),

               1.

               Notes that in 2004 the Committee of the Regions (CoR) administered a budget of EUR 59 413 031 with a utilisation rate of 83,57 %;

               2.

               Observes the remark at paragraph 9.24 of the Court of Auditors' annual report that internal control standards were approved only in November 2004; especially notes the insufficient number of ex-post controls and verifications carried out in 2004;

               3.

               Underlines that the CoR appears in the Court of Auditors' annual report to be the institution with the highest number of criticisms of all the other institutions (paragraphs 9.4, 9.5, 9.6, 9.7, 9.9, 9.11a and b and 9.13 of the report);

               4.

               Criticises the fact that the internal audit function was carried out by a temporary member of staff employed on the basis of renewable contracts of short duration; welcomes the solution now found;

               5.

               Notes that according to the information given at the hearing of the other institutions organised by the Committee on Budgetary Control on 25 January 2006 certain matters are now the subject of an investigation by OLAF;

               6.

               Notes that the CoR trade unions contest the CoR's recent reorganisation exercise, which has been carried out despite some controversy as already pointed out in previous discharge resolutions;

               7.

               Finds it regrettable that the Court of Auditors was unable to take account of the CoR's annual activity report as it had not been produced before the Court's audit was concluded;

               8.

               Awaits the results of the Court of Auditors' audit of the acquisition and renovation procedures for all buildings shared by the CoR and the European Economic and Social Committee (EESC), including the Belliard I and II buildings; believes there should also be an audit of the Montoyer renovation; notes that at the time Parliament recommended purchase; points to the fact that renting buildings would significantly reduce the risks involved for small institutions and that this solution should be considered as a serious alternative for future building projects; approves the fact that, as a result of the policy on sensitive functions, the head of the infrastructure unit has changed position and a new recruitment process for this post is ongoing;

               9.

               Invites the Court of Auditors, in the light of the CoR's financial management problems, to draw up a detailed analysis of the CoR's managerial practice in relation to off-budget accounts as compared to the practice in other institutions;

               10.

               Notes that while the authorising officer by delegation did not enter any formal reservations in his statement of assurance, he did annex to it a number of remarks, as follows:

                           —

                           due to difficulties in recruiting staff with the necessary skills and because no audits were produced in 2003, the authorising officer by delegation (the CoR's new Secretary-General) did not receive the full benefit of advice and support from the internal audit service in 2004;

                           —

                           the process for the acquisition of the two committees' (EESC and CoR) new buildings was virtually complete when the new Secretary-General took over in late 2003; this being so, the decisions on contractual matters and fitting-out had already been taken;

                           —

                           due to weaknesses in the new payroll application (NAP) managed by the Commission, the sub-delegated authorising officers and their ex-ante verifiers were unable to guarantee the accuracy of all staff salary calculations;

                           —

                           the extensive checking of weighted transfers requested before the entry into force of the new Staff Regulations;

               11.

               Acknowledges that weaknesses in the NAP were a problem for all institutions and not a specific problem for the CoR; expects that after this year of transition following the introduction of the system the NAP will run smoothly;

               12.

               Considers that the CoR should have focused on the importance of setting up a fully functioning internal audit service in 2004, knowing the challenges resulting from enlargement; notes the following as particular challenges: a substantial increase in the budget in 2004 (up 50 %); growth in staff numbers (up 63 %); the arrival of new members (up 43 %); the financial and regulatory impact of the new Staff Regulations; and the continuing implementation of the new Financial Regulation, together with the move of most of the CoR's services to the new buildings (Belliard 99-101 and Belliard 68), which took place in June 2004;

               13.

               Notes that during 2004 the CoR amended its rules on the refunding of travel expenses and the payment of travel and meeting allowances for its members, and that in addition it reformed its Committee for Financial and Administrative Affairs, reducing the membership from 15 to eight, as the political body within the CoR responsible for significant financial or administrative decisions, such as budgets, discharge and internal rules;

               14.

               Recalls that, in relation to OLAF's findings, the public prosecutor at the Brussels Court of Appeal concluded in March 2005 that there was insufficient evidence to bring a prosecution and therefore decided to close the file without further action, but demands nevertheless, given the lack of follow-up in 2004 to the OLAF report on fraud and irregularities at the CoR, that the CoR abolish the imprest account system for the reimbursement of members' travel expenses and adopt the same system as the EESC.

      (1)  OJ L 53, 23.2.2004.

      (2)  OJ C 301, 30.11.2005, p. 1.

      (3)  OJ C 301, 30.11.2005, p. 9.

      (4)  OJ L 248, 16.9.2002, p. 1.

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


title: 2010/330/CFSP: Council Decision 2010/330/CFSP of 14 June 2010 on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ

text:
               15.6.2010

               EN

               Official Journal of the European Union

               L 149/12

         COUNCIL DECISION 2010/330/CFSP
   of 14 June 2010
   on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28 and 43(2) thereof,
   Whereas:

               (1)

               On 7 March 2005, the Council adopted Joint Action 2005/190/CFSP on the European Union Integrated Rule of Law Mission in Iraq, EUJUST LEX (1). That Joint Action, as subsequently amended and extended, expired on 30 June 2009.

               (2)

               On 24 March 2009, the Political and Security Committee (PSC) agreed that EUJUST LEX should be extended for another 12 months until 30 June 2010. During this period, EUJUST LEX was to conduct, in addition to continuing its core business, a pilot phase including activities in Iraq.

               (3)

               On 21 May 2010, the PSC agreed that EUJUST LEX-IRAQ should be extended for another 24 months until 30 June 2012. During this period, EUJUST LEX-IRAQ should progressively shift its activities and relevant structures to Iraq, focusing on specialised training, while maintaining out-of-country activities.

               (4)

               The mandate of the Mission is being carried out in a security context that is liable to deteriorate and to undermine the objectives of the Common Foreign and Security Policy as defined in Article 21 of the Treaty on European Union.

               (5)

               The command and control structure of the Mission should be without prejudice to the contractual responsibility of the Head of Mission towards the Commission for implementing the budget of the Mission,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mission
   1.   The European Union Integrated Rule of Law Mission for Iraq, established by Joint Action 2005/190/CFSP (‘EUJUST LEX-IRAQ’ or the ‘Mission’), shall be continued from 1 July 2010.
   2.   EUJUST LEX-IRAQ shall operate in accordance with the objectives and other provisions as contained in the Mission statement set out in Article 2.
   Article 2
   Mission statement
   1.   EUJUST LEX-IRAQ shall continue to address the needs in the Iraqi criminal justice system through the provision of training for high- and mid-level officials in senior management and criminal investigation. This training shall aim to improve the capacity, coordination and collaboration of the different components of the Iraqi criminal justice system.
   2.   EUJUST LEX-IRAQ shall promote closer collaboration between the different actors across the Iraqi criminal justice system and strengthen the management capacity of senior and high-potential officials primarily from the police, judiciary and penitentiary and improve skills and procedures in criminal investigation in full respect for the rule of law and human rights.
   3.   EUJUST LEX-IRAQ shall, where security conditions and resources allow, continue to provide strategic mentoring and advising activities based on verified Iraqi needs and taking into account other international presence and the Union's added value in this area.
   4.   The training activities shall take place in Iraq and in the region as well as in the Union. EUJUST LEX-IRAQ shall have offices in Brussels and Baghdad, including an antenna in Basra, in preparation for a possible office opening, subject to an appropriate decision to that effect. EUJUST LEX-IRAQ shall also have an office in Erbil (Kurdistan Region). Taking into account the evolution of the situation in Iraq during the implementation of this new mandate, the Head of Mission and the bulk of its staff shall move from Brussels to Iraq and be posted to Baghdad as soon as the situation so permits.
   5.   Taking into account further developments in the security conditions in Iraq and the outcome of the Mission activities in Iraq, the Council shall examine the results of this new mandate and shall decide on the future of the Mission after 30 June 2012.
   6.   An effective strategic and technical partnership with the Iraqi counterparts shall be developed throughout the Mission, particularly in relation to the design of the curricula during the planning phase. EUJUST LEX-IRAQ activities should maintain a balanced representation of the Iraqi population, based on a human rights and gender equality approach. Participants shall continue to be able to attend relevant in-country activities, regardless of where they are held. Coordination shall also be needed for the selection, vetting, evaluation, follow-up and coordination of personnel attending the training with the aim of continued appropriation by the Iraqis. There shall also be a need for close coordination during the planning and implementation phases between EUJUST LEX-IRAQ and the Member States providing training. This shall include the involvement of the relevant Member States’ diplomatic missions in Iraq and liaison with those Member States with current experience in providing training relevant for the Mission.
   7.   EUJUST LEX-IRAQ shall be independent and distinct but shall be complementary and bring added value to the efforts of the Government of Iraq and the international community, in particular those of the United Nations (UN) and the United States of America. It shall also develop synergies with relevant activities of the Union and Member States. In this context, EUJUST LEX-IRAQ shall liaise with the relevant Iraqi authorities, and shall deepen collaboration and avoid duplication with international actors already operating in the country as well as with Member States presently conducting training projects in Iraq.
   Article 3
   Structure
   EUJUST LEX-IRAQ shall have its offices in Brussels and Iraq and shall, in principle, be structured as follows:

               (a)

               the Head of Mission;

               (b)

               a coordinating office in Brussels;

               (c)

               an office in Baghdad with an antenna in Basra;

               (d)

               an office in Erbil (Kurdistan Region);

               (e)

               training facilities, trainers and experts provided by the Member States and coordinated by EUJUST LEX-IRAQ.

         These elements shall be developed in the Concept of Operations (CONOPS) and the Operation Plan (OPLAN).
   Article 4
   Civilian Operation Commander
   1.   The Civilian Planning and Conduct Capability Director shall be the Civilian Operation Commander for EUJUST LEX-IRAQ.
   2.   The Civilian Operation Commander, under the political control and strategic direction of the Political and Security Committee (PSC) and the overall authority of the High Representative of the Union for Foreign Affairs and Security Policy (HR), shall exercise command and control of EUJUST LEX-IRAQ at the strategic level.
   3.   The Civilian Operation Commander shall ensure proper and effective implementation of the Council's decisions as well as the PSC's decisions, including by issuing instructions at strategic level as required to the Head of Mission.
   4.   All seconded staff shall remain under the full command of the national authorities of the sending State or Union institution. National authorities shall transfer Operational Control of their personnel, teams and units to the Civilian Operation Commander.
   5.   The Civilian Operation Commander shall have overall responsibility for ensuring that the Union's duty of care is properly discharged.
   Article 5
   Head of Mission
   1.   The Head of Mission shall assume responsibility and exercise command and control of the Mission at theatre level.
   2.   The Head of Mission shall exercise command and control over personnel, teams and units from sending States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility including over assets, resources and information put at the disposal of the Mission.
   3.   The Head of Mission shall issue instructions to all Mission staff, including the Brussels coordinating office, the Erbil and Baghdad offices, and the Basra antenna, for the effective conduct of EUJUST LEX-IRAQ, assuming its coordination and day-to-day management, following the instructions at strategic level of the Civilian Operation Commander.
   4.   The Head of Mission shall be responsible for the implementation of the Mission's budget. For this purpose, the Head of Mission shall sign a contract with the Commission.
   5.   The Head of Mission shall be responsible for disciplinary control over the staff. For seconded staff, disciplinary action shall be exercised by the national authority or Union institution concerned.
   6.   The Head of Mission shall represent EUJUST LEX-IRAQ and shall ensure appropriate visibility of the Mission.
   Article 6
   Staff
   1.   The numbers and competence of EUJUST LEX-IRAQ staff shall be consistent with the Mission statement set out in Article 2 and the structure set out in Article 3.
   2.   EUJUST LEX-IRAQ shall consist primarily of staff seconded by Member States or Union institutions.
   3.   Each Member State or Union institution shall bear the costs related to any of the staff seconded by it, including travel expenses to and from the place of deployment, salaries, medical coverage, and allowances other than applicable per diem allowances as well as hardship and risk allowances.
   4.   International and local staff may also be recruited by EUJUST LEX-IRAQ, as required, on a contractual basis, if the functions required are not provided by personnel seconded by the Member States.
   5.   All staff shall carry out their duties and act in the interest of the Mission. All staff shall respect the security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (2).
   Article 7
   Status of staff
   1.   Where required, the status of EUJUST LEX-IRAQ staff, including where appropriate the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EUJUST LEX-IRAQ shall be agreed in accordance with the procedure laid down in Article 37 of the Treaty on European Union.
   2.   The State or Union institution having seconded a staff member shall be responsible for answering any claims linked to the secondment, from or concerning the staff member. The State or Union institution in question shall be responsible for bringing any action against the person seconded.
   Article 8
   Chain of Command
   1.   EUJUST LEX-IRAQ shall have a unified chain of command, as a crisis management operation.
   2.   Under the responsibility of the Council and of the HR, the PSC shall exercise political control and strategic direction of EUJUST LEX-IRAQ.
   3.   The Civilian Operation Commander, under the political control and strategic direction of the PSC and the overall authority of the HR, is the commander of EUJUST LEX-IRAQ at strategic level and, as such, shall issue instructions to the Head of Mission and provide him with advice and technical support.
   4.   The Civilian Operation Commander shall report to the Council through the HR.
   5.   The Head of Mission shall exercise command and control of EUJUST LEX-IRAQ at theatre level and shall be directly responsible to the Civilian Operation Commander.
   Article 9
   Political control and strategic direction
   1.   The PSC shall exercise, under the responsibility of the Council and of the HR, political control and strategic direction of the Mission. The Council hereby authorises the PSC to take the relevant decisions for this purpose in accordance with the third paragraph of Article 38 of the Treaty on European Union.
   2.   This authorisation shall include the powers to amend the CONOPS and the OPLAN. It shall also include powers to take decisions regarding the appointment of the Head of Mission. The powers of decision with respect to the objectives and termination of the Mission shall remain vested in the Council.
   3.   The PSC shall report to the Council at regular intervals.
   4.   The PSC shall receive on a regular basis and, as required, reports by the Civilian Operation Commander and the Head of Mission on issues within their areas of responsibility.
   Article 10
   Security
   1.   The Civilian Operation Commander shall direct the Head of Mission's planning of security measures and ensure their proper and effective implementation for EUJUST LEX-IRAQ in accordance with Articles 4 and 8 and in coordination with the Council Security Office.
   2.   The Head of Mission shall be responsible for the security of the Mission and for ensuring compliance with minimum security requirements applicable to the Mission, in line with the policy of the European Union on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty on European Union and its supporting documents.
   3.   For the elements of the Mission which are carried out in Member States, the host Member State shall take all necessary and appropriate measures to ensure the security of the participants and the trainers on its territory.
   4.   For the coordinating office in Brussels the necessary and appropriate measures shall be organised by the Security Office of the General Secretariat of the Council (GSC) in collaboration with the host Member State's authorities.
   5.   Should the training take place in a third State, the Union, with the involvement of the Member States concerned, shall ask the third State's authorities to make the appropriate arrangements regarding the security of the participants and the trainers or experts on its territory.
   6.   EUJUST LEX-IRAQ shall have a dedicated Security Officer for the Mission reporting to the Head of Mission.
   7.   The Head of Mission shall consult with the PSC on security issues affecting the deployment of the Mission as directed by the HR.
   8.   EUJUST LEX-IRAQ staff members, trainers and experts shall undergo mandatory security training organised by the GSC Security Office and, when appropriate, medical checks prior to any deployment or travel to Iraq.
   9.   Member States shall endeavour to provide EUJUST LEX-IRAQ, in particular the offices in Iraq, staff, trainers and experts travelling to and in Iraq, with secure accommodation, body armour and close protection and other security requirements, as appropriate, within Iraq. For such purpose, the Head of Mission may conclude appropriate arrangements with Member States or local authorities as necessary.
   Article 11
   Financial arrangements
   1.   The financial reference amount intended to cover the expenditure related to the Mission between 1 July 2010 and 30 June 2011 shall be EUR 17 500 000.
   2.   The financial reference amount for the subsequent periods shall be decided by the Council.
   3.   All expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the European Union.
   4.   Given the particular security situation in Iraq, services in Baghdad and Basra shall be provided through the contracts entered into by the United Kingdom, other Member States where appropriate or through arrangements concluded between the Iraqi authorities and the companies providing and invoicing for these services. The budget of EUJUST LEX-IRAQ shall cover these expenses. The United Kingdom or other Member States concerned shall, in consultation with the Head of Mission, report with adequate information to the Council on these expenses.
   5.   The Head of Mission shall report fully to, and be supervised by, the Commission on the activities undertaken in the framework of his contract.
   6.   The financial arrangements shall respect the operational requirements of EUJUST LEX-IRAQ, including compatibility of equipment.
   7.   Expenditure shall be eligible as of the date of entry into force of this Decision.
   8.   The equipment and supplies for the coordination office in Brussels shall be purchased or rented on behalf of the Union.
   Article 12
   Participation of third States
   1.   Without prejudice to the Union's decision-making autonomy and its single institutional framework, candidate and other third States may be invited to contribute to EUJUST LEX-IRAQ on the basis that they bear the cost of sending the police experts and/or the civilian staff seconded by them, including salaries, allowances, medical coverage, high risk insurance and travel expenses to and from Iraq, and contribute to the running costs of EUJUST LEX-IRAQ as appropriate.
   2.   The Council hereby authorises the PSC to take the relevant decisions on acceptance of the proposed contributions.
   3.   Third States making contributions to EUJUST LEX-IRAQ shall have the same rights and obligations in terms of day-to-day management of the Mission as Member States taking part in the Mission.
   4.   The PSC shall take appropriate action with regard to participation arrangements and shall, if required, submit a proposal to the Council, including on possible financial participation or contributions in kind from third States.
   5.   Detailed arrangements regarding the participation of third States shall be the subject of agreements pursuant to Article 37 of the Treaty on European Union and additional technical arrangements as necessary. Where the Union and a third State have concluded an agreement establishing a framework for the participation of that third State in EU crisis management operations, the provisions of such agreement shall apply in the context of the Mission.
   Article 13
   Coordination
   1.   Without prejudice to the chain of command, the Head of Mission shall act in close coordination with the EU delegation to Iraq to ensure the consistency of Union action in support of Iraq.
   2.   The Head of Mission shall coordinate closely with the Heads of the diplomatic missions of the relevant Member States.
   3.   The Head of Mission shall cooperate with other international actors present in the country, in particular the UN.
   Article 14
   Release of classified information
   The HR is authorised to release to the host State and the UN, as appropriate and in accordance with the operational needs of the Mission, EU classified information and documents up to the level ‘RESTREINT UE’ generated for the purposes of the Mission, in accordance with the Council's security regulations. Local arrangements shall be drawn up for this purpose.
   The HR shall be authorised to release to third states associated with this Decision, Union non-classified documents related to the deliberations of the Council with regard to the Mission covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council Rules of Procedure (3).
   Article 15
   Watch-keeping
   The Watch-keeping Capability shall be activated for EUJUST LEX-IRAQ.
   Article 16
   Entry into force
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 July 2010 until 30 June 2012.

      Done at Luxembourg, 14 June 2010.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 62, 9.3.2005, p. 37.

      (2)  OJ L 101, 11.4.2001, p. 1.

      (3)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).


title: 2009/173/EC: Council Decision of 5 June 2007 on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               6.3.2009

               EN

               Official Journal of the European Union

               L 62/7

         COUNCIL DECISION
   of 5 June 2007
   on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2009/173/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the third sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the Treaty of Accession of the Republic of Bulgaria and Romania, and in particular Article 4(3) thereof,
   Having regard to the Act of Accession of the Republic of Bulgaria and Romania, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 23 October 2006, the Council authorised the Commission, on behalf of the Community and its Member States, to negotiate with the Republic of Azerbaijan a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

               (2)

               Subject to its possible conclusion at a later date, the Protocol should be signed on behalf of the European Communities and their Member States.

               (3)

               The Protocol should be applied on a provisional basis from 1 January 2007, pending completion of the relevant procedures for its formal conclusion,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Communities and their Member States, the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, subject to possible conclusion at a later stage.
   The text of the Protocol is attached to this Decision (1).
   Article 2
   Pending its entry into force, the Protocol shall be applied on a provisional basis from 1 January 2007.

      Done at Luxembourg, 5 June 2007.

            For the Council

            The President

         P. STEINBRÜCK

      (1)  See page 9 of this Official Journal.
    ---documentbreak---

               6.3.2009

               EN

               Official Journal of the European Union

               L 62/9

         PROTOCOL
   to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   THE KINGDOM OF BELGIUM,
   THE REPUBLIC OF BULGARIA,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   IRELAND,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   THE REPUBLIC OF MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   ROMANIA,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   hereinafter referred to as the ‘Member States’, represented by the Council of the European Union, and
   THE EUROPEAN COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY,
   hereinafter referred to as ‘the Communities’, represented by the Council of the European Union and the European Commission,
   of the one part, and
   THE REPUBLIC OF AZERBAIJAN,
   of the other part,
   hereinafter referred to as ‘Parties’ for the purposes of this Protocol,
   HAVING REGARD TO the provisions of the Treaty between the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Republic of Bulgaria and Romania concerning the accession of the Republic of Bulgaria and Romania to the European Union, which was signed in Luxembourg on 25 April 2005 and is applied from 1 January 2007,
   CONSIDERING the new situation in relations between the Republic of Azerbaijan and the European Union arising from the accession to the EU of two new Member States, which opens opportunities and brings about challenges for the cooperation between the Republic of Azerbaijan and the European Union,
   TAKING INTO ACCOUNT the desire of the Parties to ensure the attainment and implementation of the objectives and principles of the PCA,
   HAVE AGREED AS FOLLOWS:
   Article 1
   The Republic of Bulgaria and Romania shall be Parties to the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and Azerbaijan, of the other part, signed in Luxembourg on 22 April 1996 and entered into force on 1 July 1999 (hereinafter the ‘Agreement’) and shall respectively adopt and take note, in the same manner, as the other Member States, of the texts of the Agreement, as well as of the Joint Declarations, Exchanges of Letters, and Declaration by the Republic of Azerbaijan annexed to the Final Act signed on the same date and the Protocol to the Agreement of 18 May 2004.
   Article 2
   This Protocol shall form an integral part of the Agreement.
   Article 3
   1.   This Protocol shall be approved by the Communities, by the Council of the European Union on behalf of the Member States and by the Republic of Azerbaijan in accordance with their own procedures.
   2.   The Parties shall notify each other of the completion of the corresponding procedures referred to in the preceding paragraph. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.
   Article 4
   1.   This Protocol shall enter into force on the first day of the first month following the date of the deposit of the last instrument of approval.
   2.   Pending the date of its entry into force, this Protocol shall apply provisionally with effect from 1 January 2007.
   Article 5
   1.   The texts of the Agreement, the Final Act and all documents annexed to it, as well as the Protocol to the Agreement of 18 May 2004, are drawn up in the Bulgarian and Romanian languages.
   2.   They are annexed to this Protocol and are equally authentic with the texts in the other languages in which the Agreement, the Final Act and the documents annexed to it, as well as the Protocol to the Agreement of 18 May 2004, are drawn up.
   Article 6
   This Protocol is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovene, Slovak, Spanish, Swedish and Azerbaijani languages, each of these texts being equally authentic.

      Съставено в Брюксел на девети декември две хиляди и осма година.
      Hecho en Bruselas, el nueve de diciembre de dos mil ocho.
      V Bruselu dne devátého prosince dva tisíce osm.
      Udfærdiget i Bruxelles den niende december to tusind og otte.
      Geschehen zu Brüssel am neunten Dezember zweitausendacht.
      Kahe tuhande kaheksanda aasta detsembrikuu üheksandal päeval Brüsselis.
      'Εγινε στις Βρυξέλλες, στις εννέα Δεκεμβρίου δύο χιλιάδες οκτώ.
      Done at Brussels on the ninth day of December in the year two thousand and eight.
      Fait à Bruxelles, le neuf décembre deux mille huit.
      Fatto a Bruxelles, addì nove dicembre duemilaotto.
      Briselē, divtūkstoš astotā gada devītajā decembrī.
      Priimta du tūkstančiai aštuntų metų gruodžio devintą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-nyolcadik év december havának kilencedik napján.
      Magħmul fi Brussell, fid-disa jum ta' Diċembru tas-sena elfejn u tmienja.
      Gedaan te Brussel, de negende december tweeduizend acht.
      Sporządzono w Brukseli, dnia dziewiątego grudnia roku dwa tysiące ósmego.
      Feito em Bruxelas, em nove de Dezembro de dois mil e oito.
      Adoptat la Bruxelles la nouă decembrie două mii opt.
      V Bruseli deviateho decembra dvetisícosem.
      V Bruslju, dne devetega decembra leta dva tisoč osem.
      Tehty Brysselissä yhdeksäntenä päivänä joulukuuta vuonna kaksituhattakahdeksan.
      Som skedde i Bryssel den nionde december tjugohundraåtta.

         За дьржавите-членки
         Por los Estados miembros
         Za členské státy
         For medlemsstaterne
         Für die Mitgliedstaaten
         Liikmesriikide nimel
         Για τα κράτη μέλη
         For the Member States
         Pour les États membres
         Per gli Stati membri
         Dalīvalstu vārdā
         Valstybių narių vardu
         A tagállamok részéről
         Għall-Istati Membri
         Voor de lidstaten
         W imieniu państw członkowskich
         Pelos Estados-Membros
         Pentru statele membre
         Za členské štáty
         Za države članice
         Jäsenvaltioiden puolesta
         På medlemsstaternas vägnar

         За Европейската общност
         Por las Comunidades Europeas
         Za Evropská společenství
         For De Europæiske Fællesskaber
         Für die Europäischen Gemeinschaften
         Euroopa ühenduste nimel
         Για τις Ευρωπαϊκές Κοινότητες
         For the European Communities
         Pour les Communautés européennes
         Per le Comunità europee
         Eiropas Kopienu vārdā
         Europos Bendrijų vardu
         Az Európai Közösségek részéről
         Għall-Komunitajiet Ewropej
         Voor de Europese Gemeenschappen
         W imieniu Wspólnot Europejskich
         Pelas Comunidades Europeias
         Pentru Comunitatea Europeană
         Za Európske spoločenstvá
         Za Evropske skupnosti
         Euroopan yhteisöjen puolesta
         På Europeiska gemenskapernas vägnar

         За Република Азербайджан
         Por la República de Azerbaiyán
         Za Ázerbájdžánskou republiku
         For Republikken Aserbajdsjan
         Für die Republik Aserbaidschan
         Aserbaidžaani Vabariigi nimel
         Για τη Δημοκρατία του Αζερμπαϊτζάν
         For the Republic of Azerbaijan
         Pour la République d'Azerbaïdjan
         Per la Repubblica dell'Azerbaigian
         Azerbaidžānas Republikas vārdā
         AzerbaidÞano Respublikos vardu
         Azerbajdzsán részéről
         Għar-Repubblika ta' l-Ażerbajġan
         Voor de Republiek Azerbeidzjan
         W imieniu Republiki Azerbejdżanu
         Pela República do Azerbaijão
         Pentru Republica Azerbaidjan
         Za Azerbajdžanskú republiku
         Za Azerbajdžansko republiko
         Azerbaidžanin tasavallan puolesta
         På Republiken Azerbajdzjans vägnar


Avis juridique important

|

32000D0340

2000/340/EC: Council Decision of 8 May 2000 concerning the approval, on behalf of the Community, of the new Annex V to the Convention for the Protection of the Marine Environment of the North-East Atlantic on the protection and conservation of the ecosystems and biological diversity of the maritime area and the corresponding Appendix 3

Official Journal L 118 , 08/05/2000 P. 0044 - 0047

Council Decisionof 8 May 2000concerning the approval, on behalf of the Community, of the new Annex V to the Convention for the Protection of the Marine Environment of the North-East Atlantic on the protection and conservation of the ecosystems and biological diversity of the maritime area and the corresponding Appendix 3(2000/340/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1) in conjunction with the first sentence of Article 300(2) and the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The Community is a Contracting Party to the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention) pursuant to Decision 98/249/EC(3).(2) The aim of the OSPAR Convention is to prevent and eliminate pollution and to protect the maritime area against the harmful effects of human activities; it entered into force on 25 March 1998.(3) The executive body of the OSPAR Convention (the OSPAR Commission) may adopt amendments to the Convention, including new Annexes and Appendices; it has adopted a new Annex which is Annex V on the protection and conservation of the ecosystems and biological diversity of the maritime area, the Appendix 3 which stems from it, and an Agreement on the meaning of certain concepts in the Annex V.(4) The preservation, the protection and the improvement of the quality of the environment, including the conservation of natural habitats and of wild flora and fauna and the protection of biodiversity are an essential objective of general benefit which is being pursued by the Community as provided for in Article 174 of the Treaty; the new Annex V to the OSPAR Convention may contribute to the achievement of that objective.(5) The Community has adopted measures in the field covered by Annex V; it should enter into international commitments in this field.(6) The objectives of Annex V supplement the objectives of Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds(4) and of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(5); those Directives already provide a Community framework for the protection of habitats and species in the geographical area in which they apply; the adoption of the Annex V by the Community does not prejudice the implementation of those Directives.(7) The Commission took part in negotiating Annex V, in accordance with the Council conclusions concerning negotiating directives for the Convention for the protection of the marine environment of the North-East Atlantic.(8) The Community should approve Annex V to the Convention for the Protection of the Marine Environment of the North East Atlantic (including the corresponding Appendix 3),HAS DECIDED AS FOLLOWS:Sole Article1. Annex V to the Convention for the Protection of the Marine Environment of the North-East Atlantic (including the corresponding Appendix 3) is hereby approved on behalf of the Community.The text of the said Annex V is attached to this Decision.2. The Commission is authorised to notify the approval referred to in paragraph 1 to the OSPAR Commission.Done at Brussels, 8 May 2000.For the CouncilThe PresidentE. Ferro Rodrigues(1) OJ C 158, 4.6.1999, p. 1.(2) Opinion delivered on 27 October 1999 (not yet published in the Official Journal).(3) OJ L 104, 3.4.1998, p. 1.(4) OJ L 103, 25.4.1979, p. 1. Directive as last amended by Directive 97/49/EC (OJ L 223, 13.8.1997, p. 9).(5) OJ L 206, 22.7.1992, p 7. Directive as last amended by Directive 97/62/EC (OJ L 305, 8.11.1997, p. 42).


title: 90/625/EEC: Council Decision of 27 July 1990 concerning the conclusion of the Agreement between the European Economic Community and Malaysia on trade in textile products

text:
No L 339 / 42                             Official Journal of the European Communities                                 5 . 12 . 90
                                                      COUNCIL DECISION
                                                           of 27 July 1990
                  concerning the conclusion of the Agreement between the European Economic Community and
                                               Malaysia on trade in textile products
                                                            ( 90 /  / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              munity and Malaysia on trade in textile products is hereby
                                                                       approved on behalf of the Community.
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                      The text of the Agreement is attached to this Decision .
thereof,
Having regard to the proposal from the Commission ,                                             Article 2
Whereas the Agreement negotiated between the European                  The President of the Council is hereby authorized to
Economic Community and Malaysia on trade in textile                    designate the person empowered to sign the above
products initialled in Brussels on 28 June 1986 and applied            Agreement in order to bind the Community.
on a provisional basis by Decision 87 / 422 / EEC (* ), as from
1 January 1987 , should be approved,
                                                                       Done at Brussels, 27 July 1990 .
HAS DECIDED AS FOLLOWS :
                                                                                For the Council
                             Article 1
                                                                                The President
The Agreement between the European Economic Com                                                                 E. RUBBI
(1) OJ No L 233 , 19 . 8 . 1987 , p. 82 .