title: Council Decision (CFSP) 2017/809 of 11 May 2017 in support of the implementation of United Nations Security Council Resolution 1540 (2004) on the non-proliferation of weapons of mass destruction and their means of delivery

text:
               12.5.2017

               EN

               Official Journal of the European Union

               L 121/39

         COUNCIL DECISION (CFSP) 2017/809
   of 11 May 2017
   in support of the implementation of United Nations Security Council Resolution 1540 (2004) on the non-proliferation of weapons of mass destruction and their means of delivery
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 26(2) and 31(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 12 December 2003 the European Council adopted the EU strategy against the proliferation of weapons of mass destruction, Chapter III of which contains a list of measures to combat such proliferation which need to be taken both within the Union and in third countries.

               (2)

               The Union is actively implementing that strategy and is giving effect to the measures listed in Chapter III thereof, in particular by releasing financial resources to support specific projects conducted by multilateral institutions, providing States in need with technical assistance and expertise with regard to a wide range of non-proliferation measures, and fostering the role of the United Nations (UN) Security Council.

               (3)

               On 28 April 2004 the UN Security Council adopted Resolution 1540 (2004) (‘UNSCR 1540 (2004)’), which was the first international instrument to deal in an integrated and comprehensive manner with weapons of mass destruction, their means of delivery and related materials. UNSCR 1540 (2004) established binding obligations for all States which aimed to prevent and deter non-State actors from obtaining access to such weapons and weapon-related material. It also called upon States to present the Committee of the Security Council established by UNSCR 1540 (2004) (the ‘1540 Committee’) with a report on steps which they have taken or intend to take to implement UNSCR 1540 (2004).

               (4)

               On 27 April 2006 the UN Security Council adopted Resolution 1673 (2006) and decided that the 1540 Committee was to intensify its efforts to promote the full implementation of UNSCR 1540 (2004) through programmes of work, outreach, assistance, dialogue and cooperation. It also invited the 1540 Committee to explore with States and international, regional and sub-regional organisations the possibility of sharing experience and lessons learned, and the availability of programmes which might facilitate the implementation of UNSCR 1540 (2004).

               (5)

               On 20 April 2011 the UN Security Council adopted Resolution 1977 (2011) and decided to extend the mandate of the 1540 Committee for a period of 10 years until 25 April 2021. It also decided that the 1540 Committee was to continue to intensify its efforts to promote the full implementation by all States of UNSCR 1540 (2004), to engage actively in matching offers and requests for assistance, through such means as visits at the invitation of the State concerned, assistance templates, action plans or other information submitted to the 1540 Committee and to conduct a comprehensive review on the status of implementation of UNSCR 1540 (2004) before December 2016.

               (6)

               On 15 December 2016 the Security Council unanimously adopted Resolution 2325 (2016) and thereby endorsed the outcome of the comprehensive review process of UNSCR 1540 (2004) conducted during 2016. It called on all States to strengthen national measures in implementing UNSCR 1540 (2004) and called for greater assistance for building State capability in that regard, including through voluntary contributions, as well as for greater cooperation among stakeholders, civil society and academia.

               (7)

               The implementation of Council Joint Action 2006/419/CFSP (1), Council Joint Action 2008/368/CFSP (2) and Council Decision 2013/391/CFSP (3) contributed to diminishing significantly the number of non-reporting States and the number of States which did not submit additional information required by the 1540 Committee following their submission of incomplete reports.

               (8)

               The UN Office for Disarmament Affairs (UNODA), which is responsible for providing the 1540 Committee and its Group of Experts with substantive and logistical support, should be entrusted with the technical implementation of the projects to be carried out under this Decision.

               (9)

               This Decision should be implemented in accordance with the Financial and Administrative Framework Agreement concluded by the Commission with the UN concerning the management of financial contributions by the Union to programmes or projects administered by the UN,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   In accordance with the EU strategy against the proliferation of weapons of mass destruction (the ‘EU strategy’), which sets the objective of fostering the role of the UN Security Council and enhancing its expertise in meeting the challenges of proliferation, the Union shall further support the implementation of United Nations Security Council Resolution (UNSCR) 1540 (2004) and UNSCR 1977 (2011).
   2.   The projects in support of UNSCR 1540 (2004), corresponding to measures in line with the EU strategy, shall consist of sub-regional workshops, country visits, meetings, events, training and public relations efforts.
   3.   The aims of the projects shall consist of:

               —

               enhancing the relevant national and regional efforts and capabilities, primarily through training, capacity-building and assistance facilitation in close coordination with other Union programmes and other actors involved in the implementation of UNSCR 1540 (2004), to ensure synergies and complementarity;

               —

               contributing to the practical implementation of specific recommendations of both the 2009 comprehensive review on the status of implementation of UNSCR 1540 (2004) and the outcome of the comprehensive review conducted during 2016, in particular in the areas of technical assistance, international cooperation and raising public awareness;

               —

               supporting the development of voluntary UNSCR 1540 (2004) national implementation action plans upon States' request;

               —

               promoting the engagement of relevant stakeholders from industry and civil society in the implementation of UNSCR 1540 (2004).

         4.   A detailed description of the projects is set out in the Annex.
   Article 2
   1.   The High Representative shall be responsible for the implementation of this Decision.
   2.   The technical implementation of the projects referred to in Article 1(2) shall be carried out by UNODA, in cooperation with the Organization for Security and Co-operation in Europe (OSCE), the African Union, the Organization of American States and the League of Arab States, as appropriate. UNODA shall conclude an agreement with the OSCE regarding the transfer of funds required for the implementation of specific OSCE projects.
   3.   UNODA shall carry out the technical implementation of the projects referred to in Article 1(2) under the responsibility and the control of the High Representative. For that purpose, the High Representative shall enter into the necessary arrangements with UNODA.
   Article 3
   1.   The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 2 635 170,77. The total estimated budget of the overall project shall be EUR 2 672 770,77, which shall be provided through co-financing from the general budget of the European Union.
   2.   The expenditure financed by the amount stipulated in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the European Union.
   3.   The Commission shall supervise the proper management of the expenditure referred to in paragraph 2. For that purpose, the Commission shall conclude a financing agreement with UNODA. The agreement shall stipulate that UNODA is to ensure visibility of the Union contribution, appropriate to its size. It shall also stipulate that the ultimate responsibility regarding the technical implementation of the projects referred to in Article 1(2) vis-à-vis the Commission shall lie with UNODA.
   4.   The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.
   Article 4
   The High Representative shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by UNODA. Those reports shall form the basis for the evaluation carried out by the Council. The Commission shall provide information on the financial aspects of the projects referred to in Article 1(2).
   Article 5
   1.   This Decision shall enter into force on the date of its adoption.
   2.   This Decision shall expire 36 months after the conclusion of the financing agreement referred to in Article 3(3), or six months after the date of its adoption if no financing agreement has been concluded within that period.

      Done at Brussels, 11 May 2017.

            For the Council

            The President

         C. CARDONA

      (1)  Council Joint Action 2006/419/CFSP of 12 June 2006 in support of the implementation of the United Nations Security Council Resolution 1540 (2004) and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 165, 17.6.2006, p. 30).

      (2)  Council Joint Action 2008/368/CFSP of 14 May 2008 in support of the implementation of the United Nations Security Council Resolution 1540 (2004) and in the framework of the implementation of the EU strategy against proliferation of weapons of mass destruction (OJ L 127, 15.5.2008, p. 78).

      (3)  Council Decision 2013/391/CFSP of 22 July 2013 in support of the practical implementation of United Nations Security Council Resolution 1540 (2004) on non-proliferation of weapons of mass destruction and their means of delivery (OJ L 198, 23.7.2013, p. 40).

      ANNEX
      1.   OBJECTIVE

      The overall objective of this Decision is to promote the implementation of UNSCRs 1540 (2004) and 1977 (2011), within the framework of the implementation of the EU strategy against proliferation of weapons of mass destruction, through specific measures with the following aims: to enhance the relevant national and regional efforts and capabilities primarily through capacity-building and assistance facilitation; to contribute to the practical implementation of specific recommendations of both the 2009 comprehensive review on the status of implementation of UNSCR 1540 (2004) and the outcome of the comprehensive review conducted during 2016, in particular in the areas of technical assistance, international cooperation and raising public awareness.
      2.   MEASURES

      2.1.   Objectives of the measures

                  —

                  To support country-specific and regional implementation activities, including the development of voluntary national implementation action plans or roadmaps for the implementation of key requirements of UNSCR 1540 (2004), training for national experts, strengthening regional/sub-regional coordination efforts and other activities designed to promote a sustained national and sub-regional implementation process;

                  —

                  To promote and support universality of reporting as called for by UNSCR 1540 (2004);

                  —

                  To strengthen the role of industry and civil society in implementing UNSCR 1540 (2004);

                  —

                  To raise awareness amongst policy-makers and representatives from industry and civil society regarding the importance of the implementation of UNSCR 1540 (2004);

                  —

                  To enhance sub-regional, regional and international cooperation regarding the implementation of UNSCR 1540 (2004) with due regard to the role played by the 1540 Committee and its Group of Experts, as well as to the Committee's programme of work;

                  —

                  To contribute to achieving greater synergies in the efforts of international stakeholders in the implementation of UNSCR 1540 (2004), in particular in the OSCE region.

            2.2.   Description of the measures

                  (a)

                  UNODA, acting in close liaison with the 1540 Committee, will respond to up to seven assistance requests from States, giving priority to States from the OSCE region, the African region as well as the Gulf and Middle East region. The assistance provided will be designed to enable States to take additional, practical steps to implement the obligations of UNCSR 1540 (2004) at national level, thereby responding to assistance requests by States to the 1540 Committee. Such assistance will complement the matchmaking function of the 1540 Committee, but not include the provision or procurement of technical equipment.

                  (b)

                  UNODA will support efforts to achieve universality of reporting. While UNSCR 1540 (2004) calls upon States to present a first report no later than six months from the adoption of the Resolution to the 1540 Committee on steps they have taken or intend to take to implement that Resolution, there are still a number of non-reporting States. In that context, UNODA will support through its Regional Centre in Africa (UNREC) and its Regional Centre in Asia and the Pacific (UNRCPD), and in close association with the African Union and relevant regional European Union Chemical, Biological, Radiological and Nuclear Risk Mitigation Centres of Excellence (the ‘EU CBRN Centres of Excellence’), up to five national or regional activities specifically targeted at non-reporting States.

                  (c)

                  Furthermore, UNODA will support three regional/sub-regional training courses for national points of contact nominated by States with a view to coordinating national implementation of UNSCR 1540 (2004) and assisting in the development of a network of points of contact as well as improving their communication with the 1540 Committee.

                  (d)

                  UNODA will subcontract, among other activities, to the OSCE Secretariat a study on how to promote further synergies in the efforts of relevant international stakeholders involved in the implementation of UNSCR 1540 (2004) in the OSCE region.

                  (e)

                  UNODA will support up to three UNSCR 1540 (2004) regional industry conferences. Since 2012, the Government of Germany, with the support of the EU outreach programme for dual-use items and UNODA, hosted four conferences in the city of Wiesbaden for stakeholders from industry and civil society in order to encourage industry and private-sector engagement in the implementation of UNSCR 1540 (2004). One of the outcomes of the fourth such conference, held in November 2015 in cooperation with the 1540 Committee, its Group of Experts and UNODA, was a common understanding to strengthen the regional approach, i.e. to carry out similar conferences in locations including Asia, Latin America and the OSCE region. Future regional conferences for stakeholders from industry should be complementary to the work under the relevant Union programmes, e.g. the EU CBRN Centres of Excellence and/or the EU P2P Export Control Programme for dual-use items.

                  (f)

                  UNODA will organise or support workshops for representatives of civil society, academia and industry aimed at the practical implementation of the 2016 comprehensive review of the status of the implementation of UNSCR 1540 (2004). In that context, UNODA will support the participation of national officials of States requesting assistance in training courses and other capacity-building activities.

            As appropriate, UNODA will seek synergies with the activities of other actors involved in the implementation of UNSCR 1540 (2004), the regional EU CBRN Centres of Excellence as well as other Union-sponsored programmes in this field.
      2.3.   Results of the measures

      Improved implementation of UNSCR 1540 (2004) through additional steps to be undertaken by States towards its full implementation; development of effective and realistic national action plans or road maps for the implementation of the key requirements of that resolution; enhanced regional and sub-regional coordinated approaches to the implementation of UNSCR 1540 (2004); and the establishment of effective partnerships between participating States and assistance providers.
      A higher number of first reports from States that have yet to submit their first national report on the implementation of UNSCR 1540 (2004).
      Greater involvement of representatives of industry and civil society in international, regional and national UNSCR 1540 (2004) implementation efforts.
      Enhanced public awareness of the importance of full implementation of UNSCR 1540 (2004) and the results of the 2009 and 2016 comprehensive reviews.
      3.   PARTNERS FOR THE MEASURES

      UNODA, acting in close liaison with the 1540 Committee, will continue developing effective partnerships with relevant regional organisations, in particular the OSCE, the African Union and the League of Arab States, as well as with the EU CBRN Centres of Excellence, which benefit from financial support from the European Commission and are implemented jointly by the Joint Research Centre (JRC) and the UN Interregional Crime and Justice Research Institute (UNICRI).
      With regard to projects in the OSCE region, UNODA shall conclude an agreement with the OSCE regarding the transfer of funds required for the implementation of such projects, thereby making full use of the Memorandum of Understanding on joint implementation of projects on non-proliferation of weapons of mass destruction that UNODA and the OSCE Secretariat concluded in 2011.
      UNODA will also maintain its cooperation with other international organisations and agencies, including the International Atomic Energy Agency (IAEA), the Organisation for the Prohibition of Chemical Weapons (OPCW), the World Health Organization (WHO), the Food and Agriculture Organization of the United Nations (FAO) and the World Organisation for Animal Health (OIE), to ensure effective synergies and avoid duplication.
      4.   INTERACTION WITH UNION EFFORTS

      Based on the regular feedback from UNODA on its activities, the Union may decide to complement those efforts through targeted diplomatic action aimed at raising awareness regarding the implementation of national action plans and the submission of national reports.
      5.   BENEFICIARIES OF THE MEASURES

                  —

                  States, government officials;

                  —

                  1540 Committee and other UN entities;

                  —

                  International, regional and sub-regional organisations;

                  —

                  Governments and organisations providing and receiving technical assistance under UNSCR 1540 (2004);

                  —

                  Civil society and industry.

            6.   VENUE

      UNODA will select potential venues for the meetings, workshops and other events. The criteria used for choosing the venues will include the willingness and commitment of a relevant State in a particular region to host the event. Specific locations of country visits or country-specific activities will depend on invitations from interested States and, as appropriate, on decisions of the 1540 Committee in accordance with the Committee's programme of work.
      7.   DURATION

      The total estimated duration of the project is 36 months.


title: Decision (EU) 2015/509 of the European Central Bank of 18 February 2015 repealing Decision ECB/2013/6 on the rules concerning the use as collateral for Eurosystem monetary policy operations of own-use uncovered government-guaranteed bank bonds, Decision ECB/2013/35 on additional measures relating to Eurosystem refinancing operations and eligibility of collateral and Articles 1, 3 and 4 of Decision ECB/2014/23 on the remuneration of deposits, balances and holdings of excess reserves (ECB/2015/9)

text:
               2.4.2015

               EN

               Official Journal of the European Union

               L 91/1

         DECISION (EU) 2015/509 OF THE EUROPEAN CENTRAL BANK
   of 18 February 2015
   repealing Decision ECB/2013/6 on the rules concerning the use as collateral for Eurosystem monetary policy operations of own-use uncovered government-guaranteed bank bonds, Decision ECB/2013/35 on additional measures relating to Eurosystem refinancing operations and eligibility of collateral and Articles 1, 3 and 4 of Decision ECB/2014/23 on the remuneration of deposits, balances and holdings of excess reserves (ECB/2015/9)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the first indent of Article 3.1, Article 12.1 and the second indent of Article 34.1 thereof,
   Whereas:

               (1)

               In the interest of clarity and consistency and with a view to simplifying the Eurosystem collateral framework, the obligations laid down in Decisions ECB/2013/6 (1) and ECB/2013/35 (2) and in Article 1 of Decision ECB/2014/23 (3) have been included in Guideline (EU) 2015/510 of the European Central Bank (ECB/2014/60) (4), which is the core legal act relating to monetary policy instruments and procedures of the Eurosystem.

               (2)

               In the interest of clarity and consistency, and with a view to simplifying the Eurosystem legal framework, the provisions of Article 3 of Decision ECB/2014/23 have been incorporated into Guideline ECB/2012/27 (5) and the provisions of Article 4 of Decision ECB/2014/23 have been incorporated into Guideline ECB/2014/9 (6).

               (3)

               Decisions ECB/2013/6 and ECB/2013/35 and Articles 1, 3 and 4 of Decision ECB/2014/23 should therefore be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   Repeal of Decisions ECB/2013/6 and ECB/2013/35 and Article 1 of Decision ECB/2014/23
   1.   Decisions ECB/2013/6 and ECB/2013/35 are hereby repealed.
   2.   Article 1 of Decision ECB/2014/23 is hereby repealed.
   3.   References to the repealed Decisions and Article referred to in paragraphs 1 and 2 shall be construed as references to Guideline (EU) 2015/510 (ECB/2014/60).
   Article 2
   Repeal of Articles 3 and 4 of Decision ECB/2014/23
   1.   Articles 3 and 4 of Decision ECB/2014/23 are hereby repealed.
   2.   References to the repealed Article 3 in Decision ECB/2014/23 shall be construed as references to Article 12(5) of Annex II to Guideline ECB/2012/27.
   3.   References to the repealed Article 4 in Decision ECB/2014/23 shall be construed as references to Article 5(2) and (3) of Guideline ECB/2014/9.
   Article 3
   Entry into force
   1.   Article 1 of this Decision shall enter into force on 1 May 2015.
   2.   Article 2 of this Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 18 February 2015.

            The President of the ECB

         Mario DRAGHI

      (1)  Decision ECB/2013/6 of 20 March 2013 on the rules concerning the use as collateral for Eurosystem monetary policy operations of own-use uncovered government-guaranteed bank bonds (OJ L 95, 5.4.2013, p. 22).

      (2)  Decision ECB/2013/35 of 26 September 2013 on additional measures relating to Eurosystem refinancing operations and eligibility of collateral (OJ L 301, 12.11.2013, p. 6).

      (3)  Decision ECB/2014/23 of 5 June 2014 on the remuneration of deposits, balances and holdings of excess reserves (OJ L 168, 7.6.2014, p. 115).

      (4)  Guideline (EU) 2015/510 of the European Central Bank of 19 December 2014 on the implementation of the Eurosystem monetary policy framework (ECB/2014/60) (see page 1 of this Official Journal).

      (5)  Guideline ECB/2012/27 of 5 December 2012 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (OJ L 30, 30.1.2013, p. 1).

      (6)  Guideline ECB/2014/9 of 20 February 2014 on domestic asset and liability management operations by the national central banks (OJ L 159, 28.5.2014, p. 56).


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32001D0074

2001/74/EC: Council Decision of 19 January 2001 appointing a United Kingdom alternate member of the Committee of the Regions

Official Journal L 026 , 27/01/2001 P. 0037 - 0037

Council Decisionof 19 January 2001appointing a United Kingdom alternate member of the Committee of the Regions(2001/74/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 Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Keith BILLINGTON, alternate member, notified to the Council on 6 December 2000,Having regard to the proposal from the United Kingdom Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Mark EDGELL is hereby appointed an alternate member of the Committee of the Regions in place of Mr Keith BILLINGTON, for the remainder of his term of office, which runs until 25 January 2002.Done at Brussels, 19 January 2001.For the CouncilThe PresidentB. Ringholm(1) OJ L 28, 4.2.1998, p. 19.


title: 2012/710/EU: Council Decision of 13 November 2012 on the launch of automated data exchange with regard to dactyloscopic data in Estonia

text:
               20.11.2012

               EN

               Official Journal of the European Union

               L 321/61

         COUNCIL DECISION
   of 13 November 2012
   on the launch of automated data exchange with regard to dactyloscopic data in Estonia
   (2012/710/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

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

               (5)

               Estonia has completed the questionnaire on data protection and the questionnaire on dactyloscopic data exchange.

               (6)

               A successful pilot run has been carried out by Estonia with Austria.

               (7)

               An evaluation visit has taken place in Estonia and a report on the evaluation visit has been produced by the Austrian evaluation team and forwarded to the relevant Council Working Group.

               (8)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching of dactyloscopic data, Estonia has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Article 9 of that Decision as from the date of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 13 November 2012.

            For the Council

            The President

         V. SHIARLY

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


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31989D0330

89/330/EEC: Council Decision of 13 March 1989 on the conclusion of the Second Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

Official Journal L 136 , 19/05/1989 P. 0009 - 0009 Finnish special edition: Chapter 2 Volume 7 P. 0037  Swedish special edition: Chapter 2 Volume 7 P. 0037

COUNCIL DECISION of 13 March 1989 on the conclusion of the Second Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland consequent on the accession of the Kingdom of Spain and the Portuguese  Republic to the Community(89/330/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 113 thereof,  Having regard to the recommendation from the Commission,  Whereas, under Regulation (EEC) No 839/88(1), the collection of customs duties applicable by the Community of Ten to certain products imported from Spain and Portugal was totally supended once they fell to the level of 2 % or less;  Whereas it is necessary to conclude a Second Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland(2), signed in Brussels on 22 July 1972, in order to provide for the total suspension of duties on  products covered by the Agreement imported into Iceland from Spain, when such duties fall to 2 % or less,   HAS DECIDED AS FOLLOWS:  Article 1  The Second Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision.  Article 2  The President of the Council shall give the notification provided for in Article 3 of the Protocol(3).  Article 3  This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.   Done at Brussels, 13 March 1989.  For the CouncilThe PresidentC. SOLCHAGA CATALAN  (1)OJ No L 87, 31. 3. 1988, p. 1.  (2)OJ No L 301, 31. 12. 1972, p. 2.  (3)The date of entry into force of the Protocol will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: 2006/611/EC: Decision of the Representatives of the Governments of the Member States, meeting within the Council of 10 April 2006 on the provisional application of the Internal Agreement amending the Internal Agreement of 18 September 2000 on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement

text:
               9.9.2006

               EN

               Official Journal of the European Union

               L 247/46

         DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL
   of 10 April 2006
   on the provisional application of the Internal Agreement amending the Internal Agreement of 18 September 2000 on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement
   (2006/611/EC)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITY, MEETING WITHIN THE COUNCIL,
   Having regard to the Treaty establishing the European Community,
   Having regard to the ACP-EC Partnership Agreement signed in Cotonou (Benin) on 23 June 2000, hereinafter referred to as ‘the ACP-EC Agreement’, as amended by the Agreement signed in Luxembourg on 25 June 2005, hereinafter referred to as ‘the Agreement amending the ACP-EC Agreement’,
   Having regard to the draft from the Commission,
   Whereas:

               (1)

               In accordance with Article 95(3) of the ACP-EC Agreement, the ACP-EC Council of Ministers adopted on 25 June 2005 Decision No 5/2005 (1) on transitional measures applicable from the date of signing to the date of entry into force of the revised ACP-EC Partnership Agreement.

               (2)

               The adoption of these transitional measures entails early application of the majority of the provisions of the Agreement amending the ACP-EC Agreement, with the exception of the required amendments to the multiannual financial framework and the provisions on the fight against terrorism and cooperation on combating the proliferation of weapons of mass destruction, which are conditional upon a Council Decision establishing the availability of financial resources.

               (3)

               The Representatives of the Governments of the Member States, meeting within the Council, have agreed on an Internal Agreement amending the Internal Agreement of 18 September 2000 on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement, hereinafter referred to as ‘the Agreement amending the Internal Agreement’. The Agreement amending the Internal Agreement cannot enter into force until it is adopted by each Member State in accordance with its own constitutional requirements.

               (4)

               In accordance with Article 2 of Decision No 5/2005 of the ACP-EC Council of Ministers, the Member States and the Community will be required to take the appropriate steps to implement that Decision, each acting on its own behalf.

               (5)

               Therefore, in order to establish the procedures to be followed by the Member States during the period of early application of the Agreement amending the ACP-EC Agreement, provision should be made for the provisional application of the Agreement amending the Internal Agreement,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The provisions of the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, amending the Internal Agreement of 18 September 2000 on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement, hereinafter referred to as ‘the Agreement amending the Internal Agreement’, shall be applied provisionally from 25 June 2005.
   The text of the Agreement amending the Internal Agreement is attached to this Decision.
   Article 2
   This Decision shall enter into force at the same time as the transitional measures for the early application of the Agreement amending the ACP-EC Agreement.
   It shall remain in force until the entry into force of the Agreement amending the Internal Agreement.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done in Luxembourg, 10 April 2006.

            On behalf of the Government of the Member States

            The President

         U. PLASSNIK

      (1)  OJ L 287, 28.10.2005, p. 1.
    ---documentbreak---

               9.9.2006

               EN

               Official Journal of the European Union

               L 247/48

         INTERNAL AGREEMENT
   between the Representatives of the Governments of the Member States, meeting within the Council, amending the Internal Agreement of 18 September 2000 on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITY, MEETING WITHIN THE COUNCIL,
   HAVING REGARD to the Treaty establishing the European Community,
   HAVING REGARD to the ACP-EC Partnership Agreement signed in Cotonou (Benin) on 23 June 2000, hereinafter referred to as ‘the ACP-EC Agreement’,
   HAVING REGARD to the draft from the Commission,
   WHEREAS:

               (1)

               By virtue of its Decision of 27 April 2004, the Council mandated the Commission to open negotiations with the ACP States with a view to amending the ACP-EC Agreement. These negotiations were concluded in Brussels on 23 February 2005. The Agreement amending the ACP-EC Agreement was signed in Luxembourg on 25 June 2005.

               (2)

               As a result, the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, of 18 September 2000 on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (1), hereinafter referred to as ‘the Internal Agreement’, should be amended.

               (3)

               The procedure established by the Internal Agreement needs to be amended to take into account the changes made to Articles 96 and 97 as set out in the Agreement amending the ACP-EC Agreement. This procedure should also be amended to take into account the new Article 11b, whose paragraph (1) constitutes an essential element of the Agreement amending the ACP-EC Agreement,

         HAVE AGREED AS FOLLOWS:
   Article 1
   The Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, of 18 September 2000 on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement shall be amended as follows:

               1.

               Article 3 shall be replaced by the following:
               ‘Article 3
               The position of the Member States for the implementation of Articles 11b, 96 and 97 of the ACP-EC Agreement shall, when that position concerns matters within their competence, be adopted by the Council, acting in accordance with the procedure set out in the Annex.
               If the planned measures concern matters falling within the competence of the Member States, the Council may also act on the initiative of a Member State.’

               2.

               Article 9 shall be replaced by the following:
               ‘Article 9
               This Agreement, drawn up in a single original in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, all 20 texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council, which shall transmit a certified copy to each of the governments of the Signatory States.’

               3.

               The Annex shall be replaced by the following:

                  ‘ANNEX

                              1.

                              The Community and its Member States shall exhaust all possible options for political dialogue with an ACP State under Article 8 of the ACP-EC Agreement, except in cases of special urgency, prior to commencement of the consultation process set out in Article 96 of the ACP-EC Agreement. Dialogue under Article 8 shall be systematic and formalised in accordance with the modalities laid down in Article 2 of Annex VII to the ACP-EC Agreement. Regarding the dialogue conducted at national, regional and subregional level, when the Joint Parliamentary Assembly is involved, it shall be represented by the co-presidents in office or a designated nominee.

                              2.

                              Where, having exhausted all possible options for dialogue under Article 8 of the ACP-EC Agreement, and on the initiative of the Commission or a Member State, the Council considers that an ACP State has failed to fulfil an obligation concerning one of the essential elements referred to in Articles 9 or 11b of the ACP-EC Agreement, or in serious cases of corruption, the ACP State concerned shall be invited, unless there is special urgency, to hold consultations in accordance with Articles 11b, 96 or 97 of the ACP-EC Agreement.
                              The Council shall act by a qualified majority.
                              In the consultations, the Community shall be represented by the Presidency of the Council and the Commission and shall strive to ensure equality in the level of representation. The consultations shall focus on the measures to be taken by the party concerned and shall take place in accordance with the modalities set out in Annex VII of the ACP-EC Agreement.

                              3.

                              If, on expiry of the deadlines set in Articles 11b, 96 or 97 of the ACP-EC Agreement for the consultations and despite all efforts, no solution has been found, or immediately in a case of urgency or refusal to hold consultations, the Council may, pursuant to those Articles, decide, on a proposal from the Commission, to take appropriate measures including partial suspension acting by a qualified majority. The Council shall act unanimously in case of a full suspension of application of the ACP-EC Agreement in relation to the ACP State concerned.
                              These measures shall remain in force until such time as the Council has used the applicable procedure as set out in the first subparagraph to take a decision amending or revoking the measures adopted previously, or where applicable, for the period indicated in the Decision.
                              For that purpose the Council shall review the above mentioned measures regularly and at least every six months.
                              The President of the Council shall notify the ACP State concerned and the ACP-EC Council of Ministers of the measures thus adopted before they enter into force.
                              The Council's Decision shall be published in the Official Journal of the European Union. Where the measures are adopted immediately, notification thereof shall be addressed to the ACP State and to the ACP-EC Council of Ministers at the same time as an invitation to hold consultations.

                              4.

                              The European Parliament shall be immediately and fully informed of any decision taken under points 2 and 3.’

         Article 2
   This Agreement shall be approved by each Member State in accordance with its own constitutional requirements. The government of each Member State shall notify the General Secretariat of the Council of the completion of the procedures required for the entry into force of this Agreement.
   Provided that the provisions of the first paragraph have been complied with, this Agreement shall enter into force at the same time as the Agreement amending the ACP-EC Agreement (2). It shall remain in force for the duration of that Agreement.

      Hecho en Luxemburgo, el diez de abril de dos mil seis.
      V Lucemburku dne desátého dubna dva tisíce šest.
      Udfærdiget i Luxembourg den tiende april to tusind og seks.
      Geschehen zu Luxemburg am zehnten April zweitausendsechs.
      Kahe tuhande kuuenda aasta aprillikuu kümnendal päeval Luxembourgis.
      'Εγινε στo Λουξεμβούργο, στις δέκα Απριλίου δύο χιλιάδες έξι.
      Done at Luxembourg on the tenth day of April in the year two thousand and six.
      Fait à Luxembourg, le dix avril deux mille six.
      Fatto a Lussemburgo, addì dieci aprile duemilasei.
      Luksemburgā, divtūkstoš sestā gada desmitajā aprīlī.
      Priimta du tūkstančiai šeštų metų balandžio dešimtą dieną Liuksemburge.
      Kelt Luxembourgban, a kettőezer hatodik év április tizedik napján.
      Magħmul fil-Lussemburgu, fl-għaxar jum ta' April tas-sena elfejn u sitta.
      Gedaan te Luxemburg, de tiende april tweeduizend zes.
      Sporządzono w Luksemburgu dnia dziesiątego kwietnia roku dwa tysiące szóstego.
      Feito no Luxemburgo, em dez de Abril de dois mil e seis.
      V Luxemburgu dňa desiateho apríla dvetisícšesť.
      V Luxembourgu, desetega aprila leta dva tisoč šest.
      Tehty Luxemburgissa kymmenentenä päivänä huhtikuuta vuonna kaksituhattakuusi.
      Som skedde i Luxemburg den tionde april tjugohundrasex.

         Pour le Royaume de Belgique
         Voor het Koninkrijk België
         Für das Königreich Belgien

         Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallone, la Région flamande et la Région de Bruxelles-Capitale.
         Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.
         Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.

         Za Českou republiku

         På Kongeriget Danmarks vegne

         Für die Bundesrepublik Deutschland

         Eesti Vabariigi nimel

         Για την Ελληνική Δημοκρατία

         Por el Reino de España

         Pour la République française

         Thar cheann Na hÉireann
         For Ireland

         Per la Repubblica italiana

         Για την Κυπριακή Δημοκρατία

         Latvijas Republikas vārdā

         Lietuvos Respublikos vardu

         Pour le Grand-Duché de Luxembourg

         A Magyar Köztársaság részéről

         Għar-Repubblika ta' Malta

         Voor het Koninkrijk der Nederlanden

         Für die Republik Österreich

         W imieniu Rzeczypospolitej Polskiej

         Pela República Portuguesa

         Za Republiko Slovenijo

         Za Slovenskú republiku

         Suomen tasavallan puolesta
         För Republiken Finland

         För Konungariket Sverige

         For the United Kingdom of Great Britain and Northern Ireland

      (1)  OJ L 317, 15.12.2000, p. 376.

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


title: Council Decision (CFSP) 2016/2112 of 1 December 2016 amending Decision 2014/401/CFSP on the European Union Satellite Centre

text:
               2.12.2016

               EN

               Official Journal of the European Union

               L 327/78

         COUNCIL DECISION (CFSP) 2016/2112
   of 1 December 2016
   amending Decision 2014/401/CFSP on the European Union Satellite Centre
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28 and Article 31(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 26 June 2014, the Council adopted Decision 2014/401/CFSP (1) on the European Union Satellite Centre and repealing Joint Action 2001/555/CFSP on the establishment of a European Union Satellite Centre.

               (2)

               The Board of the European Union Satellite Centre (‘SATCEN’) should have the possibility to invite experts from relevant States, international organisations, bodies and entities to some of its meetings to provide information on particular subjects.

               (3)

               SATCEN should be responsible for implementing international agreements concluded by the Union in the field of Common Foreign and Security Policy in relation to SATCEN's activities.

               (4)

               Decision 2014/401/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2014/401/CFSP is amended as follows:

               (1)

               Article 6(4) is replaced by the following:
               ‘4.   The Director of SATCEN or the Director's representative shall, as a rule, attend Board meetings. The Chairman of the European Union Military Committee, the Director-General of the European Union Military staff and the European Union Civilian Operations Commander may also attend Board meetings. Representatives of relevant Union institutions, agencies, bodies and entities as well as representatives of third States, international organisations and entities may also attend Board meetings to provide information in relation to specific agenda items, upon invitation by the Board.’.

               (2)

               In Article 20, the following paragraph is inserted after paragraph 2:
               ‘2a.   SATCEN shall be responsible, upon approval by the Board, for implementing international agreements concluded by the Union in the field of Common Foreign and Security Policy as far as they concern SATCEN's activities’.

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

      Done at Brussels, 1 December 2016.

            For the Council

            The President

         A. ÉRSEK

      (1)  Council Decision 2014/401/CFSP of 26 June 2014 on the European Union Satellite Centre and repealing Joint Action 2001/555/CFSP on the establishment of a European Union Satellite Centre (OJ L 188, 27.6.2014, p. 73).


Avis juridique important

|

31996D0601

Council Decision of 14 October 1996 on measures implementing Article K.1 of the Treaty on European Union

Official Journal L 268 , 19/10/1996 P. 0001 - 0001

COUNCIL DECISION of 14 October 1996 on measures implementing Article K.1 of the Treaty on European Union (96/601/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Articles K.3 (2) (b) and K.8 (2) thereof,Having regard to the Joint Action of 25 September 1995 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on measures implementing Article K.1 of the Treaty (1),HAS DECIDED AS FOLLOWS:Article 1 In the general budget of the European Communities, an appropriation of ECU 1 369 000, carried forward from 1995, is intended for the financing of selected cooperation projects designed to implement the provisions of Title VI of the Treaty on European Union. These projects will cover mainly cooperation measures with States engaged in a structured dialogue with the European Union, and with Latin America, including the Caribbean, to combat drugs.Article 2 The projects may take the form of training, the collection and exchange of information and experience, seminars, studies, publications or other operational measures in support of European Union cooperation activities.Article 3 Projects for which funding is requested shall be proposed by the Member States or the Commission for the areas covered by Article K.1 (1) to (6) of the Treaty and by the Member States only for the areas covered by Article K.1 (7) to (9) of the Treaty.Article 4 The Commission shall examine the requests submitted. On the basis of its findings, the projects adopted and the funding granted for them shall be determined within a group comprising Member States' representativesArticle 5 The Commission shall be responsible for the implementation of expenditure to finance these projects in accordance with the Treaty establishing the European Community.Article 6 This Decision shall enter into force on the day of its adoption.It shall apply until 31 December 1996.Article 7 This Decision shall be published in the Official Journal.Done at Luxembourg, 14 October 1996.For the CouncilThe PresidentR. QUINN(1) OJ No L 238, 6. 10. 1995, p. 1.


title: Council Decision 2011/764/CFSP of 28 November 2011 repealing Decision 2011/210/CFSP on a European Union military operation in support of humanitarian assistance operations in response to the crisis situation in Libya (EUFOR Libya)

text:
               29.11.2011

               EN

               Official Journal of the European Union

               L 314/35

         COUNCIL DECISION 2011/764/CFSP
   of 28 November 2011
   repealing Decision 2011/210/CFSP on a European Union military operation in support of humanitarian assistance operations in response to the crisis situation in Libya (EUFOR Libya)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,
   Having regard to the proposal made by the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 1 April 2011, the Council adopted Decision 2011/210/CFSP (1).

               (2)

               By letter dated 27 October 2011, the European Union Operation Commander notified the closure of the Operational Headquarters on 10 November 2011. Decision 2011/210/CFSP should therefore be repealed pursuant to Article 13(3) thereof, with effect from 10 November 2011.

               (3)

               Council Decision 2008/975/CFSP of 18 December 2008 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (2) determines the procedures for the audit and presentation of the accounts of an operation,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2011/210/CFSP is hereby repealed with effect from 10 November 2011. This repeal shall be without prejudice to the procedures laid down in Decision 2008/975/CFSP regarding the audit and presentation of the accounts of the operation.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 28 November 2011.

            For the Council

            The President

         K. SZUMILAS

      (1)  OJ L 89, 5.4.2011, p. 17.

      (2)  OJ L 345, 23.12.2008, p. 96.


title: 2012/683/EU: Decision of the European Parliament and of the Council of 25 October 2012 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/019 ES/Galicia Metal from Spain)

text:
               7.11.2012

               EN

               Official Journal of the European Union

               L 307/77

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 25 October 2012
   on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/019 ES/Galicia Metal from Spain)
   (2012/683/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to 30 December 2011 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               Spain submitted an application on 28 December 2011 to mobilise the EGF in respect of 878 redundancies in 35 enterprises operating in the NACE Revision 2 Division 25 (‘Manufacture of fabricated metal products, except machinery and equipment’) in the NUTS II region of Galicia (ES11), and supplemented it by additional information up to 28 May 2012. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 2 029 235.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Spain,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2012, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 2 029 235 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 25 October 2012.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


Avis juridique important

|

31973D0419

73/419/EEC: Commission Decision of 31 October 1973 setting up an Advisory Committee on Poultrymeat

Official Journal L 355 , 24/12/1973 P. 0034 - 0036 Greek special edition: Chapter 03 Volume 10 P. 0068  Spanish special edition: Chapter 03 Volume 7 P. 0110  Portuguese special edition Chapter 03 Volume 7 P. 0110

++++ ( 1 ) OJ N 72 , 8 . 8 . 1962 , PP . 2030 TO 2032/62 .   ( 2 ) OJ N L 121 , 4 . 6 . 1970 , PP . 26 AND 27 .  COMMISSION DECISION  OF 31 OCTOBER 1973  SETTING UP AN ADVISORY COMMITTEE ON POULTRYMEAT   ( 73/419/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  WHEREAS , UNDER POINT V OF ITS FINAL RESOLUTION , THE AGRICULTURAL CONFERENCE OF MEMBER STATES , WHICH MET AT STRESA FROM 3 TO 12 JULY 1958 , NOTED " THE INTENTION EXPRESSED BY THE COMMISSION OF MAINTAINING CLOSE AND CONTINUOUS COOPERATION WITH TRADE AND WORKERS' ORGANIZATIONS IN PARTICULAR FOR THE PURPOSE OF CARRYING OUT THE TASKS PROVIDED FOR IN THIS RESOLUTION " ;  WHEREAS IN ITS OPINION OF 6 MAY 1960 THE ECONOMIC AND SOCIAL COMMITTEE REQUESTED THE COMMISSION " TO SET UP ADVISORY COMMITTEES FOR THE PURPOSE OF INVOLVING AT COMMUNITY LEVEL IN THE WORKS OF THESE VARIOUS OFFICES AND FUNDS THE PRODUCERS' , TRADERS' AND WORKERS' ORGANIZATIONS CONCERNED , AND ALSO CONSUMERS' ;  WHEREAS IT IS NECESSARY THAT THE COMMISSION OBTAIN THE VIEWS OF THE VARIOUS SECTIONS OF THE INDUSTRY AND OF CONSUMERS ON PROBLEMS ARISING FROM THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN POULTRYMEAT ;  WHEREAS ALL SECTIONS OF THE INDUSTRY DIRECTLY AFFECTED BY THE INTRODUCTION OF SUCH COMMON ORGANIZATION OF THE MARKET , AND ALSO CONSUMERS , SHOULD HAVE THE POSSIBILITY OF PARTICIPATING IN THE FORMULATION OF OPINIONS REQUESTED BY THE COMMISSION ;  WHEREAS THE VARIOUS REPRESENTATIVE BODIES IN THE AGRICULTURAL INDUSTRY AND CONSUMER ASSOCIATIONS IN THE MEMBER STATES HAVE FORMED ORGANIZATIONS AT COMMUNITY LEVEL ;  WHEREAS AN ADVISORY COMMITTEE ON POULTRYMEAT AND EGGS WAS SET UP BY THE COMMISSION DECISION OF 18 JULY 1962 ( 1 ) , AS AMENDED BY THE DECISION OF 15 MAY 1970 ( 2 ) ; WHEREAS , HOWEVER , EXPERIENCE HAS SHOWN THAT THE PROBLEMS AFFECTING THESE TWO SECTORS ARE DIFFERENT IN NATURE , PARTICULARLY AS REGARDS THE REPRESENTATION OF THE VARIOUS INTERESTS CONCERNED ; WHEREAS THAT COMMITTEE SHOULD THEREFORE BE DIVIDED INTO TWO SEPARATE COMMITTEES , ONE FOR POULTRYMEAT AND ONE FOR EGGS ;  WHEREAS THE ACCESSION OF NEW MEMBER STATES TO THE COMMUNITY SHOULD ALSO BE TAKEN INTO ACCOUNT ;  WHEREAS BY ARTICLE 11 OF THE COMMISSION DECISION OF 31 OCTOBER 1973 SETTING UP AN ADVISORY COMMITTEE ON EGGS , THE COMMITTEE ON POULTRYMEAT AND EGGS WAS DISSOLVED ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  1 . THERE SHALL BE ATTACHED TO THE COMMISSION AN ADVISORY COMMITTEE ON POULTRYMEAT , HEREINAFTER CALLED THE " COMMITTEE " .  2 . THE COMMITTEE SHALL BE COMPOSED OF REPRESENTATIVES OF THE FOLLOWING INTERESTS : FARMERS , COOPERATIVES , THE PROCESSING AND FOOD-MANUFACTURING INDUSTRIES , TRADERS IN AGRICULTURAL PRODUCE AND FOODSTUFFS , AGRICULTURAL WORKERS AND WORKERS IN THE PROCESSING AND FOOD MANUFACTURING INDUSTRIES , CONSUMERS .  ARTICLE 2  1 . THE COMMITTEE MAY BE CONSULTED BY THE COMMISSION ON ANY PROBLEM CONCERNING THE OPERATION OF REGULATIONS ON THE COMMON ORGANIZATION OF THE MARKET IN POULTRYMEAT AND IN PARTICULAR ON MEASURES TO BE ADOPTED BY THE COMMISSION UNDER THOSE REGULATIONS .  2 . THE CHAIRMAN OF THE COMMITTEE MAY INDICATE TO THE COMMISSION THE DESIRABILITY OF CONSULTING THE COMMITTEE ON ANY MATTER WITHIN THE LATTER'S COMPETENCE ON WHICH ITS OPINION HAS NOT BEEN SOUGHT . HE SHALL DO SO , IN PARTICULAR , AT THE REQUEST OF ONE OF THE INTERESTS REPRESENTED .  ARTICLE 3  1 . THE COMMITTEE SHALL CONSIST OF TWENTY-EIGHT MEMBERS  2 . SEATS ON THE COMMITTEE SHALL BE APPORTIONED AS FOLLOWS :   _ EIGHT TO REPRESENTATIVES OF POULTRY FARMERS ;   _ SIX TO REPRESENTATIVES OF POULTRY-FARMING COOPERATIVES ;   _ THREE TO REPRESENTATIVES OF THE POULTRY-SLAUGHTERING INDUSTRY ;   _ THREE TO REPRESENTATIVES OF THE POULTRY TRADE ;   _ FOUR TO REPRESENTATIVES OF AGRICULTURAL WORKERS AND WORKERS IN THE PROCESSING AND FOOD MANUFACTURING INDUSTRIES ;   _ FOUR TO CONSUMERS' REPRESENTATIVES .  ARTICLE 4  1 . MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE COMMISSION ON PROPOSALS FROM THE TRADE , WORKERS' ORGANIZATIONS SET UP AT COMMUNITY LEVEL WHICH ARE MOST REPRESENTATIVE OF THE INTERESTS SPECIFIED IN ARTICLE 1 ( 2 ) AND WHOSE ACTIVITIES COME WITHIN THE SCOPE OF THE COMMON ORGANIZATION OF THE MARKET IN POULTRYMEAT ; CONSUMERS' REPRESENTATIVES SHALL BE APPOINTED ON PROPOSALS FROM THE CONSUMERS' ADVISORY COMMITTEE .  THOSE BODIES SHALL FOR EACH SEAT TO BE FILLED PUT FORWARD THE NAMES OF TWO CANDIDATES OF DIFFERENT NATIONALITY .  2 . THE TERM OF OFFICE FOR MEMBERS OF THE COMMITTEE SHALL BE THREE YEARS . THEIR APPOINTMENTS MAY BE RENEWED . MEMBERS SHALL NOT BE REMUNERATED FOR THEIR SERVICES .  AFTER EXPIRY OF THE THREE YEARS MEMBERS OF THE COMMITTEE SHALL REMAIN IN OFFICE UNTIL THEY ARE REPLACED OR UNTIL THEIR APPOINTMENTS ARE RENEWED .  A MEMBER'S TERM OF OFFICE MAY BE TERMINATED BEFORE EXPIRY OF THE THREE YEARS BY DEATH OR RESIGNATION .  IT MAY ALSO BE TERMINATED WHERE THE BODY WHICH THE MEMBER REPRESENTS REQUESTS THAT HE BE REPLACED .  A PERSON SHALL BE APPOINTED , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPH 1 , TO REPLACE SUCH MEMBER FOR THE REMAINDER OF THE TERM OF OFFICE .  3 . A LIST OF THE MEMBERS OF THE COMMITTEE SHALL BE PUBLISHED BY THE COMMISSION , FOR INFORMATION PURPOSES , IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  ARTICLE 5  THE COMMITTEE SHALL , BY A TWO-THIRDS MAJORITY OF THE MEMBERS PRESENT , ELECT A CHAIRMAN AND TWO VICE-CHAIRMEN FOR A PERIOD OF THREE YEARS .  THE COMMITTEE MAY , BY THE LIKE MAJORITY , ELECT FURTHER OFFICERS FROM AMONG THE OTHER MEMBERS . IN THAT CASE , THE OFFICERS OTHER THAN THE CHAIRMAN SHALL CONSIST AT MOST OF ONE REPRESENTATIVE OF EACH INTEREST REPRESENTED ON THE COMMITTEE .  THE OFFICERS SHALL PREPARE AND ORGANIZE THE WORK OF THE COMMITTEE .  ARTICLE 6  AT THE REQUEST OF ANY OF THE INTERESTS REPRESENTED , THE CHAIRMAN MAY INVITE A PERSON DELEGATED BY THE INTEREST CONCERNED TO BE PRESENT AT MEETINGS OF THE COMMITTEE .  HE MAY LIKEWISE ON SUCH REQUEST INVITE ANY PERSON WITH SPECIAL QUALIFICATIONS IN ANY SUBJECT ON THE AGENDA TO TAKE PART IN AN EXPERT CAPACITY IN THE DELIBERATIONS OF THE COMMITTEE . EXPERTS SHALL TAKE PART IN DISCUSSIONS ONLY OF THOSE QUESTIONS ON ACCOUNT OF WHICH THEY WERE INVITED .  ARTICLE 7  THE COMMITTEE MAY SET UP WORKING GROUPS TO ASSIST IT IN CARRYING OUT ITS WORK .  ARTICLE 8  1 . THE COMMITTEE SHALL BE CONVENED BY THE COMMISSION AND SHALL MEET AT COMMISSION HEADQUARTERS . MEETINGS OF THE OFFICERS SHALL BE CONVENED BY THE CHAIRMAN BY ARRANGEMENT WITH THE COMMISSION .  2 . REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED SHALL TAKE PART IN MEETINGS OF THE COMMITTEE , ITS OFFICERS AND WORKING GROUPS .  3 . SECRETARIAT SERVICES FOR THE COMMITTEE , ITS OFFICERS AND WORKING GROUPS SHALL BE PROVIDED BY THE COMMISSION .  ARTICLE 9  THE COMMITTEE SHALL DISCUSS MATTERS ON WHICH THE COMMISSION HAS REQUESTED AN OPINION . NO VOTE SHALL BE TAKEN .  THE COMMISSION MAY , WHEN SEEKING THE OPINION OF THE COMMITTEE , SET A TIME LIMIT WITHIN WHICH SUCH OPINION SHALL BE GIVEN .  THE VIEWS EXPRESSED BY THE VARIOUS INTERESTS REPRESENTED SHALL BE INCLUDED IN A REPORT FORWARDED TO THE COMMISSION .  IN THE EVENT OF UNANIMOUS AGREEMENT BEING REACHED IN THE COMMITTEE ON THE OPINION TO BE GIVEN , THE COMMITTEE SHALL FORMULATE JOINT CONCLUSIONS AND ATTACH THEM TO THE REPORT .  THE OUTCOME OF THE COMMITTEE'S DISCUSSIONS SHALL ON REQUEST BE COMMUNICATED BY THE COMMISSION TO THE COUNCIL AND TO THE MANAGEMENT COMMITTEES .  ARTICLE 10  WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 214 OF THE TREATY , WHERE THE COMMISSION INFORMS THEM THAT THE OPINION REQUESTED OR THE QUESTION RAISED IS ON A MATTER OF A CONFIDENTIAL NATURE , MEMBERS OF THE COMMITTEE 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 .  IN SUCH CASES , ONLY COMMITTEE MEMBERS AND REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED MAY BE PRESENT AT MEETINGS .  ARTICLE 11  THIS DECISION SHALL ENTER INTO FORCE ON 31 OCTOBER 1973 .  DONE AT BRUSSELS , 31 OCTOBER 1973 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI