title: Council Decision (CFSP) 2016/37 of 16 January 2016 concerning the date of application of Decision (CFSP) 2015/1863 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

text:
               16.1.2016

               EN

               Official Journal of the European Union

               LI 11/1

         COUNCIL DECISION (CFSP) 2016/37
   of 16 January 2016
   concerning the date of application of Decision (CFSP) 2015/1863 amending Decision 2010/413/CFSP concerning restrictive measures against Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 26 July 2010, the Council adopted Decision 2010/413/CFSP (1) concerning restrictive measures against Iran.

               (2)

               On 14 July 2015, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative of the Union for Foreign Affairs and Security Policy, reached an agreement on a long-term comprehensive solution to the Iranian nuclear issue. The successful implementation of the Joint Comprehensive Plan of Action (JCPOA) will ensure the exclusively peaceful nature of the Iranian nuclear programme and provide for the comprehensive lifting of all nuclear-related sanctions.

               (3)

               On 20 July 2015, the United Nations Security Council adopted Resolution (UNSCR) 2231 (2015) endorsing the JCPOA, urging its full implementation in accordance with the timetable established in the JCPOA and providing for actions to take place in accordance with the JCPOA.

               (4)

               UNSCR 2231 (2015) provides that, upon the IAEA-verified implementation of Iran's nuclear-related commitments as set out in the JCPOA, the provisions of UNSCRs 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), 1929 (2010) and 2224 (2015) are to be terminated.

               (5)

               UNSCR 2231 (2015) further provides that States are to comply with the relevant provisions contained in the statement of 14 July 2015 from China, France, Germany, the Russian Federation, the United Kingdom, the United States and the European Union, attached as Annex B to UNSCR 2231 (2015), aimed at promoting transparency and creating an atmosphere conducive to the full implementation of the JCPOA.

               (6)

               On 18 October 2015, by Decision (CFSP) 2015/1863 (2), the Council decided to terminate implementation of all Union nuclear-related economic and financial sanctions, taking into account UNSCR 2231 (2015) and Annex B to UNSCR 2231 (2015), simultaneously with the IAEA-verified implementation by Iran of agreed nuclear-related measures.

               (7)

               By Decision (CFSP) 2015/1863 the Council also decided to introduce, upon the IAEA-verified implementation of Iran's nuclear-related commitments, an authorisation regime for reviewing and deciding on nuclear-related transfers to, or activities with, Iran not covered by UNSCR 2231 (2015), in full consistency with the JCPOA.

               (8)

               In accordance with the second paragraph of Article 2 of Decision (CFSP) 2015/1863, that Decision is to apply from the date on which the Council notes that the Director-General of the IAEA has presented a report to the IAEA Board of Governors and to the United Nations Security Council which confirms that Iran has taken the measures specified in paragraphs 15.1 to 15.11 of Annex V to the JCPOA.

               (9)

               The Council notes that on 16 January 2016 the Director-General of the IAEA presented a report to the IAEA Board of Governors and to the United Nations Security Council confirming that Iran has taken the measures specified in paragraphs 15.1 to 15.11 of Annex V to the JCPOA,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision (CFSP) 2015/1863 shall apply from 16 January 2016.
   Article 2
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 16 January 2016.

            For the Council

            The President

         A.G. KOENDERS

      (1)  Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p. 39).

      (2)  Council Decision (CFSP) 2015/1863 of 18 October 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ L 274, 18.10.2015, p. 174).


title: 2006/410/EC: Commission Decision of  24 May 2006  setting the amounts which, pursuant to Articles 10(2), 143d and 143e of Council Regulation (EC) No 1782/2003, are made available to the EAFRD and the amounts available for EAGF expenditure

text:
               15.6.2006

               EN

               Official Journal of the European Union

               L 163/10

      COMMISSION DECISION

   of 24 May 2006
   setting the amounts which, pursuant to Articles 10(2), 143d and 143e of Council Regulation (EC) No 1782/2003, are made available to the EAFRD and the amounts available for EAGF expenditure
   (2006/410/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (1), and in particular Article 12(2) and (3) thereof,
   Whereas:

               (1)

               Article 10 of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (2) sets out the method for calculating the net amounts of modulation to be made available to the European Agricultural Fund for Rural Development (EAFRD). Articles 143d and 143e of that Regulation fix the amounts to be made available to the EAFRD for restructuring in cotton and tobacco regions.

               (2)

               The maximum annual amounts available to European Agricultural Guarantee Fund (EAGF) expenditure before the transfers to EAFRD until 2013 are set out in Annex I of the Interinstitutional Agreement on the financial framework 2007 to 2013 (3).

               (3)

               The amounts to be made available to EAFRD and the net balance to be made available for EAGF expenditure should be fixed on the basis of those maximum annual amounts for the budget years 2007 to 2013,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The amounts available for the budget years 2007 to 2013 to the European Agricultural Fund for Rural Development (EAFRD) pursuant to Articles 10(2), 143d and 143e of Regulation (EC) No 1782/2003, as well as the net balance available for European Agricultural Guarantee Fund (EAGF) expenditure, are set out in the Annex to this Decision.

      Done at Brussels, 24 May 2006.

            For the Commission

         Mariann FISCHER BOEL

            Member of the Commission

      (1)  OJ L 209, 11.8.2005, p. 1. Regulation as amended by Regulation (EC) No 320/2006 (OJ L 58, 28.2.2006, p. 42).

      (2)  OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Regulation (EC) No 319/2006 (OJ L 58, 28.2.2006, p. 32).

      (3)  Not yet published in the Official Journal.

      ANNEX

                  (in million EUR)

                  Budget year

                  Amounts made available to the EAFRD

                  Net balance available for EAGF expenditure

                  Article 10(2) of Regulation (EC) No 1782/2003

                  Article 143d of Regulation (EC) No 1782/2003

                  Article 143e of Regulation (EC) No 1782/2003

                  2007

                  984

                  22

                  44 753

                  2008

                  1 241

                  22

                  44 954

                  2009

                  1 252

                  22

                  45 405

                  2010

                  1 257

                  22

                  45 867

                  2011

                  1 231

                  22

                  484

                  45 880

                  2012

                  1 231

                  22

                  484

                  46 356

                  2013

                  1 228

                  22

                  484

                  46 840


title: 2010/763/EU: Council Decision of 6 December 2010 on the conclusion of a Fisheries Partnership Agreement between the European Union and Solomon Islands

text:
               9.12.2010

               EN

               Official Journal of the European Union

               L 324/48

         COUNCIL DECISION
   of 6 December 2010
   on the conclusion of a Fisheries Partnership Agreement between the European Union and Solomon Islands
   (2010/763/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On the basis of the Council Decision of 22 September 2009 authorising the Commission to open negotiations on behalf of the Community with a view to concluding a Fisheries Partnership Agreement with Solomon Islands, the Community has negotiated with Solomon Islands a Fisheries Partnership Agreement providing EU vessels with fishing opportunities in the waters over which Solomon Islands has sovereignty or jurisdiction in respect of fisheries.

               (2)

               As a result of those negotiations, a new Fisheries Partnership Agreement was initialled on 26 September 2009.

               (3)

               By Council Decision No 2010/397/EU of 3 June 2010 (1), the Fisheries Partnership Agreement between the European Union and Solomon Islands has been signed and provisionally applied since 9 October 2009.

               (4)

               The Agreement should be concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Fisheries Partnership Agreement between the European Union and Solomon Islands is hereby approved (2).
   Article 2
   The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union, to the notification provided for in Article 18 of the Agreement, in order to express the consent of the Union to be bound by the Agreement (3).
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 6 December 2010.

            For the Council

            The President

         J. MILQUET

      (1)  OJ L 190, 22.7.2010, p. 1.

      (2)  The text of the Agreement has been published in OJ L 190, 22.7.2010, p. 3, together with the decision on signature.

      (3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Avis juridique important

|

32003D0645

2003/645/EC: Commission Decision of 11 September 2003 terminating the anti-dumping proceedings concerning imports of disposable gas-fuelled pocket lighters originating in the People's Republic of China, Indonesia, Malaysia and Vietnam and terminating the interim review of the anti-dumping duty on imports of gas-fuelled, non-refillable pocket flint lighters originating in the People's Republic of China or consigned from or originating in Taiwan and on imports of certain refillable pocket flint lighters originating in the People's Republic of China or consigned from or originating in Taiwan

Official Journal L 228 , 12/09/2003 P. 0035 - 0037

Commission Decisionof 11 September 2003terminating the anti-dumping proceedings concerning imports of disposable gas-fuelled pocket lighters originating in the People's Republic of China, Indonesia, Malaysia and Vietnam and terminating the interim review of the anti-dumping duty on imports of gas-fuelled, non-refillable pocket flint lighters originating in the People's Republic of China or consigned from or originating in Taiwan and on imports of certain refillable pocket flint lighters originating in the People's Republic of China or consigned from or originating in Taiwan(2003/645/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 1972/2002(2), and in particular Article 9 and Article 11(3) thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) In 1991, the Council, by Regulation (EEC) No 3433/91(3), imposed a definitive anti-dumping duty on imports of gas-fuelled, non-refillable pocket flint lighters originating in, inter alia, the People's Republic of China.(2) By Regulation (EC) No 192/1999(4) the Council, further to an investigation in accordance with Article 13 of Council Regulation (EC) No 384/96 (the basic Regulation), extended the above anti-dumping measure to: (a) imports of gas-fuelled non-refillable pocket flint lighters consigned from or originating in Taiwan; and (b) imports of certain refillable lighters originating in the People's Republic of China or consigned from or originating in Taiwan.(3) In 2001, Council Regulation (EC) No 1824/2001(5), imposed a definitive duty on gas fuelled non-refillable pocket flint lighters falling within CN code 9613 10 00 (TARIC code 9613 10 00*19 ) originating in the People's Republic of China and maintained the anti-dumping duties extended by Regulation (EC) No 192/1999 to imports of certain refillable pocket flint lighters originating in the People's Republic of China or consigned from or originating in Taiwan falling within CN code ex 9613 20 90 (TARIC codes 9613 20 90*21 and 9613 20 90*29 ) and to imports of non-refillable lighters consigned from Taiwan and falling within CN code 9613 10 00 (TARIC code 9613 10 00*19 ) or originating in Taiwan and falling within CN code 9613 10 00 (TARIC code 9613 10 00*19 ). These duties were imposed further to an expiry review concerning the definitive anti-dumping measures imposed by Regulation (EEC) No 3433/91 and extended by Regulation (EC) No 192/1999, in accordance with Article 11(2) of the basic Regulation.(4) In 14 May 2002, the Commission received a complaint concerning the alleged injurious dumping by imports of disposable gas-fuelled pocket lighters, whether flint or piezo, with or without a refill valve originating in the People's Republic of China, Indonesia, Malaysia and Vietnam (disposable lighters).(5) The complaint was lodged by the European Federation of Lighter Manufacturers (EFLM) acting on behalf of Community producers representing 90 % of total Community production of disposable lighters pursuant to Articles 4(1) and 5(4) of the basic Regulation.(6) The complaint contained prima facie evidence of the existence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an anti-dumping proceeding in accordance with Article 5 of the basic Regulation.(7) Regarding the definitive anti-dumping measures in force against non-refillable flint lighters and certain refillable lighters originating in the People's Republic of China or consigned from or originating in Taiwan, the Commission considered that should it be determined that, on the basis of the findings of the investigation initiated in accordance with Article 5 of the basic Regulation, measures are to be imposed on disposable lighters originating in the People's Republic of China, the continued imposition of the measures imposed by Regulation (EC) No 1824/2001 would no longer be appropriate, and Regulation (EC) No 1824/2001 would have to be amended or repealed accordingly. Indeed, should the investigation have been formally concluded, one of the consequences could have been the imposition of measures on all disposable gas-fuelled pocket lighters, i.e. refillable or non-refillable, piezo or flint originating in the countries subject to the present investigation. On the other hand, measures on refillable or non-refillable flint lighters originating in the People's Republic of China were already in place, which could have led to conflict with the new measures. Such conflict would have been avoided by amending or repealing the existing measures. Therefore, it was considered that a review in accordance with Article 11(3) of the basic Regulation (interim review) should be opened as regards Regulation (EC) No 1824/2001 in order to allow any amendment or repeal necessary in the light of the investigation under Article 5 of the basic Regulation concerning all disposable lighters originating in the People's Republic of China, Indonesia, Malaysia and Vietnam.(8) Accordingly, the Commission, after consultation of the Advisory Committee, by a notice published in the Official Journal of the European Communities(6), simultaneously initiated an anti-dumping proceeding concerning imports into the Community of disposable gas-fuelled pocket lighters originating in the People's Republic of China, Indonesia, Malaysia and Vietnam and an interim review with regard to Regulation (EC) No 1824/2001. Considering the above, the initiation of this interim review was entirely of an ancillary nature.(9) The Commission officially advised the exporting producers and importers known to be concerned, the representatives of the exporting country, the representative users and the complainant Community producers. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.B. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING(10) By a letter of 14 July 2003 to the Commission, EFLM formally withdrew its complaint.(11) In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Community interest.(12) The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any considerations showing that such termination would not be in the Community interest. Interested parties were informed accordingly and were given the opportunity to comment.(13) One exporting producer from China claimed that the Commission should continue its investigation despite the withdrawal of the complaint and publish the relevant findings, in particular as regards dumping. In this context, the exporting producer concerned argued that he would have an interest in the continuation of the investigation due to his cooperation throughout the proceeding and his efforts to show the absence of dumping as far as his own exports are concerned.(14) The same exporting producer further claimed that it should be avoided in future to initiate anti-dumping proceedings. He alleged that the withdrawal of the complaint would show that the complaint leading to this investigation was unfounded. Therefore, this exporting producer concluded that should there be a finding of absence of dumping, this should be published accordingly. This would prevent the Community industry to lodge a new complaint in the near future.(15) These claims had to be rejected. In accordance with Article 5(1) of the basic Regulation, an anti-dumping investigation shall be initiated in each case the Commission has received a complaint containing merely sufficient prima facie evidence of the existence of injurious dumping. In the present case, it was found that the complaint lodged by the Community industry was sufficiently supported by prima facie evidence, consequently the initiation of the present proceeding was fully justified. In accordance with Article 9(1) of the basic Regulation an anti-dumping proceeding may be terminated in case the complaint is withdrawn unless such termination would not be in the Community interest. As mentioned above in recital 12, however, there was no evidence or information available that a termination of the proceeding would not be in the Community interest. When examining the Community interest, and in accordance with Article 21 of the basic Regulation, the interests of the exporting producers cannot be taken in consideration. In this context it should be noted that no comments were received from parties mentioned in Article 21 of the basic Regulation, such as users, importers or consumers indicating that such termination would not be in the Community interest. Therefore, it was concluded that there was no reason to continue the investigation, and accordingly, the proceeding should be terminated without formal determinations concerning the existence or absence of dumping and injury nor any other aspect of the investigation.(16) The same exporting producer claimed that the definitive anti-dumping measures in force against non-refillable flint lighters and certain refillable lighters originating in the People's Republic of China or consigned from or originating in Taiwan should be repealed in case of the termination of the proceeding. In this context, the exporting producer concerned argued that the current investigation covers the same like product and that therefore the continuation of the definitive measures on non-refillable flint lighters and certain refillable lighters originating in the People's Republic of China or consigned from or originating in Taiwan would be in breach of Article 1(4) and 9(5) of the basic Regulation.(17) It should be noted that no formal conclusions have been reached on any of the aspects investigated during the current proceeding, including the investigation regarding the product under consideration and the like product. The evidence which had been submitted within the complaint leading to the initiation of the present proceeding, including the information concerning the product under consideration and the like product was prima facie evidence, which was considered satisfying for the initiation stage, but cannot suffice for, nor predict, any final determination.(18) Furthermore, as mentioned above in recitals 7 and 8, the interim review was merely ancillary to the investigation initiated pursuant to Article 5 of the basic Regulation and should allow to amend or repeal the anti-dumping duty in force on imports of non-refillable flint lighters and certain refillable lighters originating in the People's Republic of China or consigned from or originating in Taiwan, if appropriate, on the basis of the findings of the investigation initiated pursuant to Article 5 of the basic Regulation. As mentioned above in recitals 15 and 17, the current investigation did not lead to any formal conclusions which would justify the amendment or repeal of Regulation (EC) No 1824/2001 by which it was found that dumped imports of flint lighters from the People's Republic of China caused injury to the Community industry. In accordance with Article 9(4) of the basic Regulation, an anti-dumping duty shall be imposed when it was finally established that there is dumping and injury caused thereby, and that the Community interest calls for intervention. In accordance with Article 11(3) of the basic Regulation, definitive anti-dumping measures can only be amended or repealed where circumstances with regard to dumping and injury have changed significantly, which could not be confirmed in the present proceeding. Consequently, the interim review should be terminated without amending or repealing the measures in force on imports of non-refillable flint lighters and certain refillable lighters originating in the People's Republic of China or consigned from or originating in Taiwan.(19) Given the above, the Commission concludes that the anti-dumping proceeding concerning imports into the Community of disposable lighters originating in the People's Republic of China, Indonesia, Malaysia and Vietnam should be terminated without the imposition of anti-dumping measures.(20) The interim review should be terminated without amending or repealing the measures in force on imports of non-refillable flint lighters and certain refillable lighters originating in the People's Republic of China or consigned from or originating in Taiwan given its ancillary nature described in recitals 7 and 8 to the investigation initiated pursuant to Article 5 of the basic Regulation,HAS DECIDED AS FOLLOWS:Sole Article1. The anti-dumping proceeding initiated pursuant to Article 5 of Council Regulation (EC) No 384/96 concerning imports of disposable gas-fuelled pocket lighters originating in the People's Republic of China, Indonesia, Malaysia and Vietnam is hereby terminated.2. The interim review of the anti-dumping duty on imports of gas-fuelled, non-refillable pocket flint lighters originating in the People's Republic of China or consigned from or originating in Taiwan and on imports of certain refillable pocket flint lighters originating in the People's Republic of China or consigned from or originating in Taiwan initiated pursuant to Article 11(3) of Council Regulation (EC) No 384/96 is hereby terminated without amending the anti-dumping duty in force.3. The definitive anti-dumping duties imposed by Regulation (EC) No 1824/2001 remain in force.Done at Brussels, 11 September 2003.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 305, 7.11.2002, p. 1.(3) OJ L 326, 28.11.1991, p. 1.(4) OJ L 22, 29.1.1999, p. 1.(5) OJ L 248, 18.9.2001, p. 1.(6) OJ C 153, 27.6.2002, p. 3.


title: 2009/943/EC: Council Decision of 30 November 2009 amending Decision 2006/326/EC to provide for a procedure for the implementation of Article 5(2) 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:
               16.12.2009

               EN

               Official Journal of the European Union

               L 331/26

      COUNCIL DECISION

   of 30 November 2009
   amending Decision 2006/326/EC to provide for a procedure for the implementation of Article 5(2) 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
   (2009/943/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)

               The application of the provisions of Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (2) was extended to Denmark under Article 3(2) 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 (3) (hereinafter the Agreement), concluded by Council Decision 2006/326/EC (4).

               (2)

               Article 5(2) of the Agreement provides that Denmark will abstain from entering into international agreements which may affect or alter the scope of Regulation (EC) No 1393/2007, unless it is done in agreement with the Community and satisfactory arrangements have been made with regard to the relationship between that Agreement and the international agreement in question.

               (3)

               Neither the Agreement nor Decision 2006/326/EC stipulates how the Community is to express its agreement to the conclusion by Denmark of the international agreement in question.

               (4)

               It is therefore necessary to establish a procedure for the implementation of Article 5(2) of the Agreement. Such a procedure should ensure that decisions expressing the Community’s agreement can be taken swiftly.

               (5)

               When informed by Denmark of its intention to enter into an international agreement, the Commission should assess the coherence of that agreement with Regulation (EC) No 1393/2007, including Community legislation affecting that Regulation, and set out any arrangements which may be necessary. As the objective is to arrive at a uniform application of the provisions of Regulation (EC) No 1393/2007 in all Member States and in Denmark, the Commission should ensure that Denmark does not enter into a specific international agreement if this could affect the conditions on which the Community would itself accede to the agreement in question, or, as the case may be, would authorise the Member States to accede to it in the interest of the Community. If the Community is already party to the agreement in question or if the Community has authorised the Member States to become party thereto in the interest of the Community, the Commission should make an assessment of a more limited nature with the aim of verifying that Denmark proposes to accede to the international agreement on the same conditions as the Community or, as the case may be, the Member States as authorised by the Community.

               (6)

               Decision 2006/326/EC should be amended accordingly in order to provide for such a procedure.

               (7)

               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, the United Kingdom and Ireland are taking part in the adoption and application of this Decision.

               (8)

               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:
   Sole Article
   The following Articles shall be inserted in Decision 2006/326/EC:

      ‘Article 1a
      1.   For the purpose of applying Article 5(2) of the Agreement, the Commission shall assess, before taking a decision expressing the Community’s agreement, whether the international agreement envisaged by Denmark would not render the Agreement ineffective and would not undermine the proper functioning of the system established by its rules.
      2.   The Commission shall take a reasoned decision within 90 days of being informed by Denmark of Denmark’s intention to enter into the international agreement in question.
      If the international agreement in question meets the conditions referred to in paragraph 1, the decision by the Commission shall express the Community’s agreement within the meaning of Article 5(2) of the Agreement.
      Article 1b
      The Commission shall inform the Member States of the international agreements which Denmark has been authorised to conclude in accordance with Article 1a.’

      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 324, 10.12.2007, p. 79.

      (3)  OJ L 300, 17.11.2005, p. 55.

      (4)  OJ L 120, 5.5.2006, p. 23.


title: 2007/857/EC: Council Decision of 8 November 2007 amending Annex I to the 2005 Act of Accession

text:
               29.12.2007

               EN

               Official Journal of the European Union

               L 347/3

      COUNCIL DECISION

   of 8 November 2007
   amending Annex I to the 2005 Act of Accession
   (2007/857/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the 2005 Act of Accession, and in particular Article 3(6) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Article 3(3) of the 2005 Act of Accession provides that the Republic of Bulgaria and Romania accede to the conventions and protocols listed in Annex I.

               (2)

               The Member States signed on 14 April 2005 a Convention on the 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 to the Convention on the law applicable to contractual obligations opened for signature in Rome on 19 June 1980, and to the First and Second Protocols on its interpretation by the Court of Justice of the European Communities (1).

               (3)

               Provision should be made for the accession of the Republic of Bulgaria and Romania to the Convention on the law applicable to contractual obligations opened for signature in Rome on 19 June 1980, and to the First and Second Protocols on its interpretation by the Court of Justice of the European Communities, as amended by the Convention of 14 April 2005. To this end, that Convention should be added to Annex I to the 2005 Act of Accession,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following indent shall be added to point 1 of Annex I to the 2005 Act of Accession:

               ‘—

               Convention of 14 April 2005 on the 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 to the Convention on the law applicable to contractual obligations opened for signature in Rome on 19 June 1980, and to the First and Second Protocols on its interpretation by the Court of Justice of the European Communities (OJ C 169, 8.7.2005, p. 1).’

         Article 2
   This Decision shall take effect on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 8 November 2007.

            For the Council

            The President

         R. PEREIRA

      (1)  OJ C 169, 8.7.2005, p. 1.


title: Council Decision of 15 July 2013 adopting the Council's position on draft amending budget No 4 of the European Union for the financial year 2013

text:
               18.7.2013

               EN

               Official Journal of the European Union

               C 204/13

         COUNCIL DECISION
   of 15 July 2013
   adopting the Council's position on draft amending budget No 4 of the European Union for the financial year 2013
   2013/C 204/07
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), and in particular Article 41 thereof,
   Whereas:

               —

               the Union's budget for the financial year 2013 was definitively adopted on 12 December 2012 (2),

               —

               on 29 April 2013, the Commission submitted a proposal containing draft amending budget No 4 to the general budget for the financial year 2013,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council's position on draft amending budget No 4 of the European Union for the financial year 2013 was adopted on 15 July 2013.
   The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

      Done at Brussels, 15 July 2013.

            For the Council

            The President

         V. JUKNA

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

      (2)  OJ L 66, 8.3.2013, p. 1, with corrigendum in OJ L 134, 18.5.2013, p. 21.


title: Council Decision (CFSP) 2015/2336 of 14 December 2015 amending Decision 2010/279/CFSP on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)

text:
               15.12.2015

               EN

               Official Journal of the European Union

               L 329/16

         COUNCIL DECISION (CFSP) 2015/2336
   of 14 December 2015
   amending Decision 2010/279/CFSP on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 18 May 2010, the Council adopted Decision 2010/279/CFSP (1) on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN).

               (2)

               On 17 December 2014, the Council adopted Decision 2014/922/CFSP (2) amending and extending Decision 2010/279/CFSP, in particular by extending EUPOL AFGHANISTAN until 31 December 2016 and providing for a financial reference amount for the period until 31 December 2015.

               (3)

               Decision 2010/279/CFSP should be amended to provide for a financial reference amount for the period from 1 January 2016 to 31 December 2016,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 13(1) of Decision 2010/279/CFSP, the following sub-paragraph is added:

      ‘The financial reference amount intended to cover the expenditure related to EUPOL AFGHANISTAN for the period from 1 January 2016 to 31 December 2016 shall be EUR 43 650 000.’

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

      Done at Brussels, 14 December 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2010/279/CFSP of 18 May 2010 on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (OJ L 123, 19.5.2010, p. 4).

      (2)  Council Decision 2014/922/CFSP of 17 December 2014 amending and extending Decision 2010/279/CFSP on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (OJ L 363, 18.12.2014, p. 152).


title: Council Decision (EU) 2015/178 of 27 January 2015 on the position to be taken on behalf of the European Union within the Sanitary and Phytosanitary Sub-Committee, the Customs Sub-Committee and the Geographical Indications Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, as regards the adoption of decisions of the Sanitary and Phytosanitary Sub-Committee, the Customs Sub-Committee and the Geographical Indications Sub-Committee on their Rules of Procedure

text:
               6.2.2015

               EN

               Official Journal of the European Union

               L 30/20

         COUNCIL DECISION (EU) 2015/178
   of 27 January 2015
   on the position to be taken on behalf of the European Union within the Sanitary and Phytosanitary Sub-Committee, the Customs Sub-Committee and the Geographical Indications Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, as regards the adoption of decisions of the Sanitary and Phytosanitary Sub-Committee, the Customs Sub-Committee and the Geographical Indications Sub-Committee on their Rules of Procedure
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 464 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (1) (‘the Agreement’) provides for provisional application of the Agreement in part.

               (2)

               Article 3 of Council Decision 2014/492/EU (2) specifies which parts of the Agreement are to be applied provisionally, including the provisions on the establishment and functioning of the Sanitary and Phytosanitary Sub-Committee (‘SPS Sub-Committee’), the Customs Sub-Committee, and the Geographical Indications Sub-Committee (‘GI Sub-Committee’).

               (3)

               Pursuant to Article 191(5) of the Agreement, the SPS Sub-Committee is to adopt its own rules of procedure at its first meeting.

               (4)

               Pursuant to Article 200(3)(e) of the Agreement, the Customs Sub-Committee is to adopt its own rules of procedure.

               (5)

               Pursuant to Article 306(3) of the Agreement, the GI Sub-Committee is to determine its own rules of procedure.

               (6)

               It is therefore appropriate to determine the Union position in relation to the rules of procedure to be adopted by those sub-committees,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The position to be taken on behalf of the Union within the Sanitary and Phytosanitary Sub-Committee established by Article 191 of the Agreement, as regards the adoption of the Rules of Procedure of the SPS Sub-Committee shall be based on the draft Decision of that sub-committee attached to this Decision.
   2.   Minor technical corrections to the draft Decision may be agreed by the representatives of the Union in the SPS Sub-Committee without further decision of the Council.
   Article 2
   1.   The position to be taken on behalf of the Union within the Customs Sub-Committee established by Article 200 of the Agreement, as regards the adoption of the Rules of Procedure of the Customs Sub-Committee shall be based on the draft Decision of that sub-committee attached to this Decision.
   2.   Minor technical corrections to the draft Decision may be agreed by the representatives of the Union in the Customs Sub-Committee without further decision of the Council.
   Article 3
   1.   The position to be taken on behalf of the Union within the Geographical Indications Sub-Committee established by Article 306 of the Agreement, as regards the adoption of the Rules of Procedure of the GI Sub-Committee shall be based on the draft Decision of that sub-committee attached to this Decision.
   2.   Minor technical corrections to the draft Decision may be agreed by the representatives of the Union in the GI Sub-Committee without further decision of the Council.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 27 January 2015.

            For the Council

            The President

         J. REIRS

      (1)  OJ L 260, 30.8.2014, p. 4.

      (2)  Council Decision 2014/492/EU of 16 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (OJ L 260, 30.8.2014, p. 1).

      DRAFT
      DECISION No 1/2015 OF THE EU-REPUBLIC OF MOLDOVA SANITARY AND PHYTOSANITARY SUB-COMMITTEE
      of … 2015
      adopting its Rules of Procedure
      THE EU-REPUBLIC OF MOLDOVA SANITARY AND PHYTOSANITARY SUB-COMMITTEE,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (1) (‘the Agreement’), and in particular Article 191 thereof,
      Whereas:

                  (1)

                  In accordance with Article 464 of the Agreement, parts of the Agreement have been applied provisionally as of 1 September 2014.

                  (2)

                  Pursuant to Article 191(2) of the Agreement, the Sanitary and Phytosanitary Sub-Committee (‘SPS Sub-Committee’) is to consider any matter relating to the implementation of Chapter 4 (Sanitary and Phytosanitary Measures) of Title V (Trade and Trade-related Matters) of the Agreement.

                  (3)

                  Pursuant to Article 191(5) of the Agreement, the SPS Sub-Committee is to adopt its own rules of procedure,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Rules of Procedure of the SPS Sub-Committee, as set out in the Annex, are hereby adopted.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at …, ….

               For the SPS Sub-Committee

               The Chair

         (1)  OJ L 260, 30.8.2014, p. 4.

         ANNEX

            Rules of Procedure of the EU-Republic of Moldova Sanitary and Phytosanitary Sub-Committee

         Article 1
         General provisions
         1.   The Sanitary and Phytosanitary Sub-Committee (‘SPS Sub-Committee’), established in accordance with Article 191(1) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other (‘the Agreement’) shall assist the Association Committee in Trade configuration, as set out in Article 438(4) of the Agreement (‘the Association Committee in Trade configuration’), in the performance of its duties.
         2.   The SPS Sub-Committee shall perform the functions set out in Article 191(2) of the Agreement in the light of the objectives of Chapter 4 of Title V set out in Article 176 of the Agreement.
         3.   The SPS Sub-Committee shall be composed of representatives of the European Commission and of the Republic of Moldova, responsible for sanitary and phytosanitary matters.
         4.   A representative of the European Commission or of the Republic of Moldova who is responsible for sanitary and phytosanitary matters shall act as Chair of the SPS Sub-Committee in accordance with Article 2.
         5.   The Parties in these Rules of Procedure shall be defined as provided for in Article 461 of the Agreement.
         Article 2
         Chairmanship
         The Parties shall hold the chairmanship of the SPS Sub-Committee, alternately, for a period of 12 months. The first period shall begin on the date of the first Association Council meeting and end on 31 December of the same year.
         Article 3
         Meetings
         1.   Save as otherwise agreed by the Parties, the SPS Sub-Committee shall meet within three months after the entry into force of the Agreement, at the request of either Party thereafter, or at least once a year.
         2.   Each meeting of the SPS Sub-Committee shall be convened by its Chair at a place and on a date agreed by the Parties. The notice convening the meeting shall be issued by the Chair of the SPS Sub-Committee no later than 28 calendar days prior to the start of the meeting, unless the Parties agree otherwise.
         3.   Whenever possible, the regular meeting of the SPS Sub-Committee shall be convened in due time in advance of the regular meeting of the Association Committee in Trade configuration.
         4.   The meetings of the SPS Sub-Committee may be held by any agreed technological means such as video or audio-conference.
         5.   The SPS Sub-Committee may address any issue out of session, by correspondence.
         Article 4
         Delegations
         Before each meeting, the Parties shall be informed, by the Secretariat of the SPS Sub-Committee, of the intended composition of the delegation of each Party attending the meeting.
         Article 5
         Secretariat
         1.   An official of the European Commission and an official of the Republic of Moldova shall act jointly as Secretaries of the SPS Sub-Committee and shall execute secretarial tasks in a joint manner, in a spirit of mutual trust and cooperation.
         2.   The Secretariat of the Association Committee in Trade configuration shall be informed of any decisions, opinions, recommendations, reports and other agreed actions of the SPS Sub-Committee.
         Article 6
         Correspondence
         1.   Correspondence addressed to the SPS Sub-Committee shall be directed to the Secretary of either Party, who in turn will inform the other Secretary.
         2.   The Secretariat of the SPS Sub-Committee shall ensure that correspondence addressed to the SPS Sub-Committee is forwarded to the Chair of the SPS Sub-Committee and circulated, where appropriate, as documents referred to in Article 7.
         3.   Correspondence from the Chair shall be sent to the Parties by the Secretariat on behalf of the Chair. Such correspondence shall be circulated, where appropriate, as provided for in Article 7.
         Article 7
         Documents
         1.   Documents shall be circulated by the Secretaries of the SPS Sub-Committee.
         2.   A Party shall transmit its documents to its Secretary. The Secretary shall transmit those documents to the Secretary of the other Party.
         3.   The Secretary of the Union shall circulate the documents to the relevant representatives of the Union and shall systematically copy the Secretary of the Republic of Moldova and the Secretaries of the Association Committee in Trade configuration in such correspondence.
         4.   The Secretary of the Republic of Moldova shall circulate the documents to the relevant representatives of the Republic of Moldova and shall systematically copy the Secretary of the Union and the Secretaries of the Association Committee in Trade configuration in such correspondence.
         5.   The Secretaries of the SPS Sub-Committee shall serve as contact points for exchanges provided for in Article 184 of the Agreement.
         Article 8
         Confidentiality
         Unless otherwise decided by the Parties, the meetings of the SPS Sub-Committee shall not be public. When a Party submits information designated as confidential to the SPS Sub-Committee, the other Party shall treat that information as such.
         Article 9
         Agendas for the meetings
         1.   A provisional agenda for each meeting as well as draft operational conclusions as provided for in Article 10 shall be drawn up by the Secretariat of the SPS Sub-Committee on the basis of proposals made by the Parties. The provisional agenda shall include items in respect of which the Secretariat has received a request for inclusion in the agenda by a Party, supported by relevant documents, no later than 21 calendar days before the date of the meeting.
         2.   The provisional agenda, together with the relevant documents, shall be circulated as provided for in Article 7 no later than 15 calendar days before the beginning of the meeting.
         3.   The agenda shall be adopted by the SPS Sub-Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
         4.   The Chair of the SPS Sub-Committee may, upon agreement of the other Party, invite representatives of other bodies of the Parties or independent experts in a subject area on an ad hoc basis to attend the meetings of the SPS Sub-Committee in order to provide information on specific subjects. The Parties shall ensure that those observers or experts respect any confidentiality requirements.
         5.   The Chair of the SPS Sub-Committee may reduce the time limits specified in paragraphs 1 and 2, in consultation with the Parties, in order to take account of special circumstances.
         Article 10
         Minutes and operational conclusions
         1.   Draft minutes of each meeting shall be drawn up jointly by the Secretaries of the SPS Sub-Committee.
         2.   The minutes shall, as a general rule, include in respect of each item on the agenda:

                     (a)

                     a list of participants at the meeting, a list of officials accompanying them and a list of any observers or experts who attended the meeting;

                     (b)

                     documentation submitted to the SPS Sub-Committee;

                     (c)

                     statements which the SPS Sub-Committee has asked to be entered in the minutes; and

                     (d)

                     operational conclusions of the meeting, as provided for in paragraph 4.

               3.   The draft minutes shall be submitted to the SPS Sub-Committee for approval. They shall be approved within 28 calendar days after each SPS Sub-Committee meeting. A copy shall be sent to each of the addressees referred to in Article 7.
         4.   Draft operational conclusions of each meeting shall be drawn up by the Secretary of the SPS Sub-Committee of the Party holding the chairmanship of the SPS Sub-Committee, and circulated to the Parties together with the agenda, no later than 15 calendar days before the beginning of the meeting. That draft shall be updated as the meeting proceeds so that at the end of the meeting, unless agreed otherwise by the Parties, the SPS Sub-Committee adopts the operational conclusions, reflecting the follow-up actions agreed by the Parties. Once agreed, the operational conclusions shall be attached to the minutes and their implementation shall be reviewed during any subsequent meeting of the SPS Sub-Committee. To that end the SPS Sub-Committee shall adopt a template, allowing for each action to be tracked against a specific deadline.
         Article 11
         Decisions and recommendations
         1.   The SPS Sub-Committee shall have the power to adopt decisions, opinions, recommendations, reports and joint actions as provided for in Article 191 of the Agreement. Those decisions, opinions, recommendations, reports and joint actions shall be adopted by consensus between the Parties after completion of the respective internal procedures for their adoption. The decisions shall be binding upon the Parties, who shall take appropriate measures to implement them.
         2.   Each decision, opinion, recommendation or report shall be signed by the Chair of the SPS Sub-Committee and authenticated by the Secretaries of the SPS Sub-Committee. Without prejudice to paragraph 3, the Chair shall sign those documents during the meeting in which the relevant decision, opinion, recommendation or report is adopted.
         3.   The SPS Sub-Committee may take decisions, make recommendations and adopt opinions or reports by written procedure, after completion of the respective internal procedures for their adoption, if the Parties so agree. The written procedure shall consist of an exchange of notes between the Secretaries, acting in agreement with the Parties. For that purpose, the text of the proposal shall be circulated pursuant to Article 7, with a time limit of no less than 21 calendar days within which any reservations or amendments shall be made known. The Chair may reduce that time limit, in consultation with the Parties, in order to take account of special circumstances. Once the text is agreed, the decision, the opinion, the recommendation or the report shall be signed by the Chair and authenticated by the Secretaries.
         4.   The acts of the SPS Sub-Committee shall be entitled ‘Decision’, ‘Opinion’, ‘Recommendation’ or ‘Report’ respectively. Each decision shall enter into force on the date of its adoption unless the decision provides otherwise.
         5.   The decisions, opinions, recommendations and reports shall be circulated to the Parties.
         6.   Each Party may decide on the publication of the decisions, opinions and recommendations of the SPS Sub-Committee in its respective official publication.
         Article 12
         Reports
         The SPS Sub-Committee shall submit a report to the Association Committee in Trade configuration on its activities and those of the technical working groups or the ad hoc groups set up by the SPS Sub-Committee. The report shall be submitted 25 calendar days before the regular annual meeting of the Association Committee in Trade configuration.
         Article 13
         Languages
         1.   The working languages of the SPS Sub-Committee shall be English and Romanian.
         2.   Unless otherwise decided, the SPS Sub-Committee shall base its deliberations on documentation prepared in those languages.
         Article 14
         Expenses
         1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the SPS Sub-Committee, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.
         2.   Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
         3.   Expenditure in connection with interpreting at meetings and translation of documents into or from English and Romanian as referred to in Article 13(1) shall be borne by the Party hosting the meeting.
         Interpreting and translation into or from other languages shall be borne directly by the requesting Party.
         Article 15
         Amendment of Rules of Procedure
         These Rules of Procedure may be amended by a decision of the SPS Sub-Committee in accordance with Article 191(5) of the Agreement.
         Article 16
         Technical working groups and ad hoc groups
         1.   The SPS Sub-Committee may by a decision pursuant to Article 191(6) of the Agreement create or abolish, where appropriate, technical working groups or ad hoc working groups, including scientific groups and expert groups.
         2.   The membership of the ad hoc working groups need not be restricted to representatives of the Parties. The Parties shall ensure that the members of any groups created by the SPS Sub-Committee respect any appropriate confidentiality requirements.
         3.   Unless otherwise decided by Parties, the groups created by the SPS Sub-Committee shall work under the authority of the SPS Sub-Committee, to which they shall report.
         4.   The meetings of the working groups may be held as the need arises, in person or by a video or audio-conference.
         5.   The Secretariat of the SPS Sub-Committee shall receive a copy of all relevant correspondence, documents and communications pertaining to the activities of the working groups.
         6.   The working groups shall have the power to make recommendations in writing to the SPS Sub-Committee. The recommendations shall be made by consensus and communicated to the Chair of the SPS Sub-Committee, who shall circulate the recommendations as provided for in Article 7.
         7.   These Rules of Procedure shall be applied mutatis mutandis to any technical working group or an ad hoc working group created by the SPS Sub-Committee, unless otherwise provided for in this Article. The references to the Association Committee in Trade Configuration shall be understood as references to the SPS Sub-Committee.

      DRAFT
      DECISION No 1/2015 OF THE EU-REPUBLIC OF MOLDOVA CUSTOMS SUB-COMMITTEE
      of … 2015
      adopting its Rules of Procedure
      THE EU-REPUBLIC OF MOLDOVA CUSTOMS SUB-COMMITTEE,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (1) (‘the Agreement’), and in particular Article 200 thereof,
      Whereas:

                  (1)

                  In accordance with Article 464 of the Agreement, parts of the Agreement have been applied provisionally as of 1 September 2014.

                  (2)

                  Pursuant to Article 200 of the Agreement, the Customs Sub-Committee is to monitor the implementation and administration of Chapter 5 (Customs and Trade Facilitation) of Title V (Trade and Trade-related Matters) of the Agreement.

                  (3)

                  Pursuant to Article 200(3)(e) of the Agreement, the Customs Sub-Committee is to adopt its own rules of procedure,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Rules of Procedure of the Customs Sub-Committee, as set out in the Annex, are hereby adopted.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at …, ….

               For the Customs Sub-Committee

               The Chair

         (1)  OJ L 260, 30.8.2014, p. 4.

         ANNEX

            Rules of Procedure of the EU-Republic of Moldova Customs Sub-Committee

         Article 1
         General provisions
         1.   The Customs Sub-Committee, established in accordance with Article 200(1) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (‘the Agreement’) shall perform its functions as provided for in Article 200(2) and (3) of the Agreement.
         2.   The Customs Sub-Committee shall be composed of representatives of the European Commission and of the Republic of Moldova, responsible for customs and customs-related matters.
         3.   A representative of the European Commission or of the Republic of Moldova who is responsible for customs and customs-related matters shall act as Chair in accordance with Article 2.
         4.   The Parties in these Rules of Procedure shall be defined as provided for in Article 461 of the Agreement.
         Article 2
         Chairmanship
         The Parties shall hold the chairmanship of the Customs Sub-Committee, alternately, for a period of 12 months. The first period shall begin on the date of the first Association Council meeting and end on 31 December of the same year.
         Article 3
         Meetings
         1.   Save as otherwise agreed by the Parties, the Customs Sub-Committee shall meet once a year or at the request of either Party.
         2.   Each meeting of the Customs Sub-Committee shall be convened by its Chair at a place and on a date agreed by the Parties. The notice convening the meeting shall be issued by the Chair of the Customs Sub-Committee no later than 28 calendar days prior to the start of the meeting, unless the Parties agree otherwise.
         3.   The meetings of the Customs Sub-Committee may be held by any agreed technological means such as video or audio-conference.
         4.   The Customs Sub-Committee may address any issue out of session, by correspondence.
         Article 4
         Delegations
         Before each meeting, the Parties shall be informed, by the Secretariat of the Customs Sub-Committee, of the intended composition of the delegation of each Party attending the meeting.
         Article 5
         Secretariat
         1.   An official of the European Commission and an official of the Republic of Moldova who are responsible for customs and customs-related matters shall act jointly as Secretaries of the Customs Sub-Committee and shall execute secretarial tasks in a joint manner, in a spirit of mutual trust and cooperation.
         2.   The Secretariat of the Association Committee in Trade configuration, as set out in Article 438(4) of the Agreement (‘the Association Committee in Trade configuration’), shall be informed of any decisions, opinions, recommendations, reports and other agreed actions of the Customs Sub-Committee.
         Article 6
         Correspondence
         1.   Correspondence addressed to the Customs Sub-Committee shall be directed to the Secretary of either Party, who in turn will inform the other Secretary.
         2.   The Secretariat of the Customs Sub-Committee shall ensure that correspondence addressed to the Customs Sub-Committee is forwarded to the Chair of the Customs Sub-Committee and circulated, where appropriate, as documents referred to in Article 7.
         3.   Correspondence from the Chair shall be sent to the Parties by the Secretariat on behalf of the Chair. Such correspondence shall be circulated, where appropriate, as provided for in Article 7.
         Article 7
         Documents
         1.   Documents shall be circulated by the Secretaries of the Customs Sub-Committee.
         2.   A Party shall transmit its documents to its Secretary. The Secretary shall transmit those documents to the Secretary of the other Party.
         3.   The Secretary of the Union shall circulate the documents to the relevant representatives of the Union and shall systematically copy the Secretary of the Republic of Moldova in such correspondence. The Secretary of the Union shall send a copy of the final documents to the Secretaries of the Association Committee in Trade configuration.
         4.   The Secretary of the Republic of Moldova shall circulate the documents to the relevant representatives of the Republic of Moldova and shall systematically copy the Secretary of the Union in such correspondence. The Secretary of the Republic of Moldova shall send a copy of the final documents to the Secretaries of the Association Committee in Trade configuration.
         Article 8
         Confidentiality
         Unless otherwise decided by the Parties, the meetings of the Customs Sub-Committee shall not be public. When a Party submits information designated as confidential to the Customs Sub-Committee, the other Party shall treat that information as such.
         Article 9
         Agendas for the meetings
         1.   A provisional agenda for each meeting shall be drawn up by the Secretariat of the Customs Sub-Committee on the basis of proposals made by the Parties. The provisional agenda shall include items in respect of which the Secretariat has received a request for inclusion in the agenda by a Party, supported by relevant documents, no later than 21 calendar days before the date of the meeting.
         2.   The provisional agenda, together with the relevant documents, shall be circulated as provided for in Article 7 no later than 15 calendar days before the beginning of the meeting.
         3.   The agenda shall be adopted by the Customs Sub-Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
         4.   The Chair of the Customs Sub-Committee may, upon agreement of the other Party, invite representatives of other bodies of the Parties or independent experts in a subject area on an ad hoc basis to attend its meetings in order to provide information on specific subjects. The Parties shall ensure that those observers or experts respect any confidentiality requirements.
         5.   The Chair of the Customs Sub-Committee may reduce the time limits specified in paragraphs 1 and 2, in consultation with the Parties, in order to take account of special circumstances.
         Article 10
         Minutes and operational conclusions
         1.   Draft minutes, including operational conclusions, of each meeting shall be drawn up by the Secretary of the Customs Sub-Committee of the Party holding the chairmanship of the Customs Sub-Committee.
         2.   The draft minutes, including the operational conclusions, shall be submitted to the Customs Sub-Committee for approval. The draft minutes shall be approved within 28 calendar days after each Customs Sub-Committee meeting. A copy shall be sent to each of the addressees referred to in Article 7.
         Article 11
         Decisions and recommendations
         1.   The Customs Sub-Committee shall have the power to adopt practical arrangements, measures, decisions and recommendations as provided for in Article 200 of the Agreement. Those practical arrangements, measures, decisions and recommendations shall be adopted by consensus between the Parties after completion of the respective internal procedures for their adoption. The decisions shall be binding upon the Parties, who shall take appropriate measures to implement them.
         2.   Each decision or recommendation shall be signed by the Chair of the Customs Sub-Committee and authenticated by the Secretaries of the Customs Sub-Committee. Without prejudice to paragraph 3, the Chair shall sign those documents during the meeting in which the relevant decision or recommendation is adopted.
         3.   The Customs Sub-Committee may take decisions or make recommendations by written procedure, after completion of the respective internal procedures for their adoption, if the Parties so agree. The written procedure shall consist of an exchange of notes between the Secretaries, acting in agreement with the Parties. For that purpose, the text of the proposal shall be circulated pursuant to Article 7, with a time limit of no less than 21 calendar days within which any reservations or amendments shall be made known. The Chair may reduce that time limit, in consultation with the Parties, in order to take account of special circumstances. Once the text is agreed, the decision or the recommendation shall be signed by the Chair and authenticated by the Secretaries.
         4.   The acts of the Customs Sub-Committee shall be entitled ‘Decision’ or ‘Recommendation’ respectively. Each decision shall enter into force on the date of its adoption unless the decision provides otherwise.
         5.   The decisions and recommendations shall be circulated to the Parties.
         6.   Each Party may decide on the publication of the decisions and recommendations of the Customs Sub-Committee in its respective official publication.
         Article 12
         Reports
         The Customs Sub-Committee shall report to the Association Committee in Trade configuration at each regular annual meeting of the Association Committee in Trade configuration.
         Article 13
         Languages
         1.   The working languages of the Customs Sub-Committee shall be English and Romanian.
         2.   Unless otherwise decided, the Customs Sub-Committee shall base its deliberations on documentation prepared in those languages.
         Article 14
         Expenses
         1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Customs Sub-Committee, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.
         2.   Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
         3.   Expenditure in connection with interpreting at meetings and translation of documents into or from English and Romanian as referred to in Article 13(1) shall be borne by the Party hosting the meeting.
         Interpreting and translation into or from other languages shall be borne directly by the requesting Party.
         Article 15
         Amendment of Rules of Procedure
         These Rules of Procedure may be amended by a decision of the Customs Sub-Committee in accordance with Article 200(3)(e) of the Agreement.

      DRAFT
      DECISION No 1/2015 OF THE EU-REPUBLIC OF MOLDOVA GEOGRAPHICAL INDICATIONS SUB-COMMITTEE
      of … 2015
      adopting its Rules of Procedure
      THE EU-REPUBLIC OF MOLDOVA GEOGRAPHICAL INDICATIONS SUB-COMMITTEE,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (1) (‘the Agreement’), and in particular Article 306 thereof,
      Whereas:

                  (1)

                  In accordance with Article 464 of the Agreement, parts of the Agreement have been applied provisionally as of 1 September 2014.

                  (2)

                  Pursuant to Article 306 of the Agreement, the Geographical Indications Sub-Committee (‘GI Sub-Committee’) is to monitor the development of the Agreement in the field of geographical indications and is to serve as a forum for cooperation and dialogue on geographical indications.

                  (3)

                  Pursuant to Article 306(3) of the Agreement, the GI Sub-Committee is to determine its own rules of procedure,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Rules of Procedure for the GI Sub-Committee, as set out in the Annex, are hereby adopted.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at …,

               For the GI Sub-Committee

               The Chair

         (1)  OJ L 260, 30.8.2014, p. 4.

         ANNEX

            Rules of Procedure of the EU-Republic of Moldova Geographical Indications Sub-Committee

         Article 1
         General provisions
         1.   The Geographical Indications Sub-Committee (‘GI Sub-Committee’), established in accordance with Article 306 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part (‘the Agreement’) shall assist the Association Committee in Trade configuration, as set out in Article 438(4) of the Agreement (‘the Association Committee in Trade configuration’), in the performance of its functions.
         2.   The GI Sub-Committee shall perform its functions set out in Article 306 of the Agreement.
         3.   The GI Sub-Committee shall be composed of representatives of the European Commission and of the Republic of Moldova, responsible for matters relating to geographical indications.
         4.   The Parties shall each appoint a Head of Delegation who shall be the contact person for all matters relating to the GI Sub-Committee.
         5.   The Heads of Delegation shall act as Chair of the GI Sub-Committee in accordance with Article 2.
         6.   Each Head of Delegation may delegate all or any of the functions of Head of Delegation to a nominated deputy, in which case all references hereafter to the Head of Delegation apply equally to the nominated deputy.
         7.   The Parties in these Rules of Procedure shall be defined as provided for in Article 461 of the Agreement.
         Article 2
         Chairmanship
         The Parties shall hold the chairmanship of the GI Sub-Committee, alternately, for a period of 12 months. The first period shall begin on the date of the first Association Council meeting and end on 31 December of the same year.
         Article 3
         Meetings
         1.   Save as otherwise agreed by the Parties, the GI Sub-Committee shall meet at the request of either Party, alternately in the Union and in the Republic of Moldova, and in any case no later than 90 calendar days from the request.
         2.   Each meeting of the GI Sub-Committee shall be convened by its Chair at a place and on a date agreed by the Parties. The notice of convening the meeting shall be issued by the Chair of the GI Sub-Committee no later than 28 calendar days prior to the start of the meeting, unless the Parties agree otherwise.
         3.   Whenever possible, the regular meeting of the GI Sub-Committee shall be convened in due time in advance of the regular meeting of the Association Committee in Trade configuration.
         4.   By way of exception, the meetings of the GI Sub-Committee may be held by any technological means agreed by the Parties, including video-conference.
         Article 4
         Delegations
         Before each meeting, the Parties shall be informed, by the Secretariat of the GI Sub-Committee, of the intended composition of the delegation of each Party attending the meeting.
         Article 5
         Secretariat
         1.   An official of the European Commission and an official of the Republic of Moldova shall act jointly as Secretaries of the GI Sub-Committee, as appointed by the Heads of Delegations, and shall execute secretarial tasks in a joint manner, in a spirit of mutual trust and cooperation.
         2.   The Secretariat of the Association Committee in Trade configuration shall be informed of any decisions, reports and other agreed actions of the GI Sub-Committee.
         Article 6
         Correspondence
         1.   Correspondence addressed to the GI Sub-Committee shall be directed to the Secretary of either Party, who in turn will inform the other Secretary.
         2.   The Secretariat of the GI Sub-Committee shall ensure that correspondence addressed to the GI Sub-Committee is forwarded to the Chair of the GI Sub-Committee and circulated, where appropriate, as documents referred to in Article 7.
         3.   Correspondence from the Chair shall be sent to the Parties by the Secretariat on behalf of the Chair. Such correspondence shall be circulated, where appropriate, as provided for in Article 7.
         Article 7
         Documents
         1.   Documents shall be circulated by the Secretaries of the GI Sub-Committee.
         2.   A Party shall transmit its documents to its Secretary. The Secretary shall transmit those documents to the Secretary of the other Party.
         3.   The Secretary of the Union shall circulate the documents to the relevant representatives of the Union and shall systematically copy the Secretary of the Republic of Moldova and the Secretaries of the Association Committee in Trade configuration in such correspondence.
         4.   The Secretary of the Republic of Moldova shall circulate the documents to the relevant representatives of the Republic of Moldova and shall systematically copy the Secretary of the Union and the Secretaries of the Association Committee in Trade configuration in such correspondence.
         Article 8
         Confidentiality
         Unless otherwise decided by the Parties, the meetings of the GI Sub-Committee shall not be public. When a Party submits information designated as confidential to the GI Sub-Committee, the other Party shall treat that information as such.
         Article 9
         Agendas for the meetings
         1.   A provisional agenda for each meeting as well as draft operational conclusions as provided for in Article 10 shall be drawn up by the Secretariat of the GI Sub-Committee on the basis of proposals made by the Parties. The provisional agenda shall include items in respect of which the Secretariat has received a request for inclusion in the agenda by a Party, supported by relevant documents, no later than 21 calendar days before the date of the meeting.
         2.   The provisional agenda, together with the relevant documents, shall be circulated as provided for in Article 7 no later than 15 calendar days before the beginning of the meeting.
         3.   The agenda shall be adopted by the Chair and the other Head of Delegation at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
         4.   The Chair of the GI Sub-Committee may, upon agreement of the other Party, invite representatives of other bodies of the Parties or independent experts in a subject-area on an ad hoc basis to attend its meetings in order to provide information on specific subjects. The Parties shall ensure that those observers or experts respect any confidentiality requirements.
         5.   The Chair of the GI Sub-Committee may reduce the time limits specified in paragraphs 1 and 2, in consultation with the Parties, in order to take account of special circumstances.
         Article 10
         Minutes and operational conclusions
         1.   Draft minutes of each meeting shall be drawn up jointly by the Secretaries of the GI Sub-Committee.
         2.   The minutes shall, as a general rule, include in respect of each item on the agenda:

                     (a)

                     a list of participants in the meeting, a list of officials accompanying them and a list of any observers or experts who attended the meeting;

                     (b)

                     documentation submitted to the GI Sub-Committee;

                     (c)

                     statements which the GI Sub-Committee has asked to be entered in the minutes; and

                     (d)

                     operational conclusions of the meeting, if necessary, as provided for in paragraph 4.

               3.   The draft minutes shall be submitted to the GI Sub-Committee for approval. They shall be approved within 28 calendar days after each GI Sub-Committee meeting. A copy shall be sent to each of the addressees referred to in Article 7.
         4.   Draft operational conclusions of each meeting shall be drawn up by the Secretary of the GI Sub-Committee of the Party holding the chairmanship of the GI Sub-Committee, and circulated to the Parties together with the agenda, no later than 15 calendar days before the beginning of the meeting. That draft shall be updated as the meeting proceeds so that at the end of the meeting, unless agreed otherwise by the Parties, the GI Sub-Committee adopts the operational conclusions, reflecting the follow-up actions agreed by the Parties. Once agreed, the operational conclusions shall be attached to the minutes and their implementation shall be reviewed during any subsequent meeting of the GI Sub-Committee. To that end the GI Sub-Committee shall adopt a template, allowing for each action to be tracked against a specific deadline.
         Article 11
         Decisions
         1.   The GI Sub-Committee shall have the power to adopt decisions in the cases provided for in Article 306(4) of the Agreement. Those decisions shall be adopted by consensus between the Parties after completion of the respective internal procedures for their adoption. They shall be binding upon the Parties, which shall take appropriate measures to implement them.
         2.   Each decision shall be signed by the Chair of the GI Sub-Committee and authenticated by the Secretaries of the GI Sub-Committee. Without prejudice to paragraph 4, the Chair shall sign those documents during the meeting in which the relevant decision is adopted.
         3.   The GI Sub-Committee may take decisions or adopt reports by written procedure, after completion of the respective internal procedures for their adoption, if the Parties so agree. The written procedure shall consist of an exchange of notes between the Secretaries, acting in agreement with the Parties. For that purpose, the text of the proposal shall be circulated pursuant to Article 7, with a time limit of no less than 21 calendar days within which any reservations or amendments shall be made known. The Chair may reduce that time limit, in consultation with the Parties, in order to take account of special circumstances. Once the text is agreed, the decision or the report shall be signed by the Chair and authenticated by the Secretaries.
         4.   The acts of the GI Sub-Committee shall be entitled ‘Decision’ or ‘Report’ respectively. Each decision shall enter into force on the date of its adoption unless the decision provides otherwise.
         5.   The decisions shall be circulated to the Parties.
         6.   Each Party may decide on the publication of the decisions of the GI Sub-Committee in its respective official publication.
         Article 12
         Reports
         The GI Sub-Committee shall report to the Association Committee in Trade configuration on its activities at each regular meeting of the latter.
         Article 13
         Languages
         1.   The working languages of the GI Sub-Committee shall be English and Romanian.
         2.   Unless otherwise decided, the GI Sub-Committee shall base its deliberations on documentation prepared in those languages.
         Article 14
         Expenses
         1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the GI Sub-Committee, both with regard to staff, travel and subsistence expenditure and with regards to postal and telecommunications expenditure.
         2.   Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
         3.   Expenditure in connection with interpreting at meetings and translation of documents into or from English and Romanian as referred to in Article 13(1) shall be borne by the Party hosting the meeting.
         Interpreting and translation into or from other languages shall be borne directly by the requesting Party.
         Article 15
         Amendment of Rules of Procedure
         These Rules of Procedure may be amended by a decision of the GI Sub-Committee in accordance with Article 306(3) of the Agreement.