Avis juridique important

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31992D0152

92/152/EEC: Council Decision of 11 December 1991 on the conclusion of an Agreement in the form of a complementary Exchange of Letters between the European Economic Community and the Union of Soviet Socialist Republics on a credit guarantee for exports of agricultural products and foodstuffs to the Soviet Union

Official Journal L 064 , 10/03/1992 P. 0022 - 0022

COUNCIL DECISION  of 11 December 1991  on the conclusion of an Agreement in the form of a complementary Exchange of Letters between the European Economic Community and the Union of Soviet Socialist Republics on a credit guarantee for exports of  agricultural products and foodstuffs to the Soviet Union  (92/152/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 113 and 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas Regulation (EEC) No 599/91 (2), as last amended by Regulation (EEC) No 3281/91 (3), introduced a credit guarantee of ECU 500 million for exports of agricultural products and foodstuffs to the Soviet Union;  Whereas Regulation (EEC) No 599/91 provides for the guarantee to cover not only contracts for supply of agricultural products and foodstuffs between the Soviet Union and undertakings in the Community, but also contracts of supply of these goods between  the Soviet Union and undertakings established in Bulgaria, Czechoslovakia, Hungary, Poland, Yugoslavia, Lithuania, Latvia and Estonia;  Whereas Article 2 of the said Regulation refers to an Agreement to be concluded between the Community and the Soviet Union on the conditions under which the guarantee shall be extended by the Community; whereas the said Agreement was approved on behalf  of the Community by Decision 91/73/EEC (4);  Whereas the possibilities for deliveries under the credit guarantee form Bulgaria, Czechoslovakia, Hungary, Poland, Romania, Yugoslavia, Lithuania, Latvia and Estonia requires a complementary Agreement between the European Economic Community and the  Union of Soviet Socialist Republics;  Whereas the Agreement in question was negotiated by the Commission in consultation with a Committee comprised of representatives of the Member States,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of a complementary Exchange of Letters between the European Economic Community and the Union of Soviet Socialist Republics on a credit guarantee for exports of agricultural products and foodstuffs to the Soviet Union  is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community. Done at Brussels, 11 December 1991. For the Council  The President  P. BUKMAN   (1) OJ No C 326, 16. 12. 1991. (2) OJ No L 67, 14. 3. 1991, p. 21. (3) OJ No L 310, 12. 11. 1991, p. 1. (4) OJ No L 202, 25. 7. 1991, p. 39.


Council Decision of 6 October 1969 concluding an Agreement with Austria negotiated under Article XXVIII of GATT


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31991D0106

91/106/EEC: Council Decision of 25 February 1991 providing medium-term financial assistance for the Czech and Slovak Federal Republic

Official Journal L 056 , 02/03/1991 P. 0024 - 0025 Finnish special edition: Chapter 11 Volume 16 P. 0212  Swedish special edition: Chapter 11 Volume 16 P. 0212

COUNCIL DECISION  of 25 February 1991  providing medium-term financial assistance for the Czech and Slovak Federal Republic  (91/106/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1), submitted following consultations with the Monetary Committee,  Having regard to the opinion of the European Parliament (2),  Whereas the people of Czechoslovakia have close historic relationships with the peoples of the Community; whereas that country is undertaking fundamental political and economic reforms and has decided to adopt a market economy model;  Whereas the said reforms will strengthen mutual confidence and bring Czechoslovakia closer to the Community;  Whereas Czechoslovakia and the Community have entered into negotiations for the conclusion of Agreements establishing a relationship of association;  Whereas the European Council of 14 and 15 December 1990 confirmed that in the context of the Group of 24 industrial countries (G-24) the Community would support the programme undertaken by Czechoslovakia to stabilize and modernize its economy and to  make its currency convertible;  Whereas this programme is expected to be implemented in a difficult external environment;  Whereas the Czechoslovak authorities have requested financial assistance from the International Monetary Fund (IMF), the G-24 and the Community; whereas, over and above the estimated financing which could be provided by the IMF, the World Bank and  official bilateral creditors, a financial gap of some ECU 750 million remains to be covered in order to prevent a further erosion of Czechoslovakia's reserves and avoid an additional degree of import compression which could seriously jeopardize the  achievement of the policy objectives underlying the Government's reform effort;  Whereas the Commission as coordinator of assistance from the G-24 has invited them and other third countries to provide medium-term financial assistance to Czechoslovakia;  Whereas the grant by the Community of a medium-term loan to Czechoslovakia is an appropriate measure to support the balance of payments of Czechoslovakia, to strengthen the country's reserves and facilitate currency convertibility;  Whereas the Community loan should be managed by the Commission;  Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,  HAS DECIDED AS FOLLOWS:  Article 1  1. The Community shall grant to Czechoslovakia a medium-term loan facility of a maximum amount of ECU 375 million in principal, with a maximum duration of seven years, with a view to ensuring a sustainable balance-of-payments situation,  strengthening its reserves and facilitating the introduction of currency convertibility.  2. To this end the Commission is empowered to borrow, on behalf of the Community, the necessary resources that will be placed at the disposal of Czechoslovakia in the form of a loan.  3. This loan will be managed by the Commission in close consultation with the Monetary Committee and in a manner consistent with any agreement reached between the IMF and Czechoslovakia.  Article 2  The Commission is empowered to negotiate with the Czechoslovak authorities, after consultation with the Monetary Committee, the terms and conditions of the loan. These terms and conditions must be consistent with any agreement referred to in  Article 1 (3) and with arrangements made by the G-24.  The Commission shall verify at regular intervals, in collaboration with the Monetary Committee and in close co-ordination with G-24 and the IMF, that the economic policy of Czechoslovakia is in accordance with the objectives of this loan and that its  terms and conditions are being fulfilled.  Article 3  1. The loan shall be made available to Czechoslovakia in two instalments. The first instalment shall be released as soon as a 'stand-by arrangement' has been concluded between Czechoslovakia and the IMF and the second instalment after a  period of at least two quarters, subject to the terms and conditions of Article 2.  2. The funds shall be paid to the National Bank of Czechoslovakia.  Article 4  1. The borrowing and lending operations referred to in Article 1 shall be carried out using the same value date and shall not involve the Community in the transformation of maturities, in any exchange or interest-rate risk, or in any other  commercial risk.  2. The Commission shall take the necessary steps, if Czechoslovakia so decides, to include in the loan terms and conditions, and also to exercise, an early repayment clause.  3. At the request of Czechoslovakia, and where circumstances permit an improvement in the interest rate on the loans, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing  or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average duration of the borrowing concerned or increasing the amount, expressed at the current  exchange rate, of capital outstanding at the date of the refinancing or restructuring.  4. All related costs incurred by the Community in concluding and carrying out the operation provided for by this Decision shall be borne by Czechoslovakia.  5. The Monetary Committee shall be kept informed of developments in the steps and operations referred to in paragraphs 2 and 3 at least once a year.  Article 5  At least once a year, the Commission shall address to the European Parliament and to the Council a report, which will include an assessment, on the implementation of this Decision.  Done at Brussels, 25 February 1991. For the Council  The President  J.-C. JUNCKER  (1) OJ No C 37, 13. 2. 1991, p. 9.  (2) Opinion delivered on 22 February 1990 (not yet published in the Official Journal).


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31973D0420

73/420/EEC: Commission Decision of 31 October 1973 setting up an Advisory Committee on Eggs

Official Journal L 355 , 24/12/1973 P. 0037 - 0039 Greek special edition: Chapter 03 Volume 10 P. 0071  Spanish special edition: Chapter 03 Volume 7 P. 0113  Portuguese special edition Chapter 03 Volume 7 P. 0113

++++ ( 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 EGGS   ( 73/420/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 WITH SATISFACTION " 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 WORK OF THESE VARIOUS OFFICES AND FUNDS 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 EGGS ;  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 THEREFOR 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 ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  1 . THERE SHALL BE ATTACHED TO THE COMMISSION AN ADVISORY COMMITTEE ON EGGS , HEREINAFTER CALLED THE " COMMITTEE " .  2 . THE COMMITTEE SHALL BE COMPOSED OF REPRESENTATIVES OF THE FOLLOWING INTERESTS : PRODUCERS , 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 EGGS 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 EGG PRODUCERS ,   _ SIX TO REPRESENTATIVES OF POULTRY-FARMING COOPERATIVES ,   _ THREE TO REPRESENTATIVES OF INDUSTRIES USING EGGS AND EGG PRODUCTS , OF WHOM ONE OR MORE SHALL REPRESENT EGG-PROCESSING PLANTS ,   _ THREE TO REPRESENTATIVES OF THE EGG TRADE , INCLUDING EGG-PACKING STATIONS ,   _ FOUR TO REPRESENTATIVES OF AGRICULTURAL WORKERS AND OF 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 ORGANIZATIONS OF THE MARKET IN EGGS ; 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 . SECRETARIAL 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  THE COMMISSION DECISION OF 18 JULY 1962 SETTING UP AN ADVISORY COMMITTEE ON POULTRYMEAT AND EGGS , AS AMENDED BY THE DECISION OF 15 MAY 1970 , IS HEREBY REPEALED .  ARTICLE 12  THIS DECISION SHALL ENTER INTO FORCE ON 31 OCTOBER 1973 .  DONE AT BRUSSELS , 31 OCTOBER 1973 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI


title: Decision of the Representatives of the Governments of the Member States of the European Communities of 19 April 1973 appointing a member of the Commission

text:
No L 125/ 50                    Official Journal of the European Communities                       11 . 5. 73
                                                       II
                                   (Acts whose publication is not obligatory)
                                               COUNCIL
                DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS
                 OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES
                                               of 19 April 1973
                                 appointing a Member of the Commission
                                          (73/93/ECSC, EEC, Euratom)
           THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE
           EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing a Single Council and a Single Commission of
           the European Communities, and in particular Article 1 1 thereof ;
           Whereas Mr Deniau, appointed Member of the Commission by the Decision of the repre
           sentatives of the Governments of the Member States of 1 January 1973, has submitted his
           resignation by letter dated 12 April 1973 ;
           HAVE DECIDED AS FOLLOWS :
                                                  Sole Article
           Mr Claude CHEYSSON shall be appointed Member of the Commission of the European
           Communities for the period from 19 April 1973 to 5 January 1977 inclusive.
           Done at Brussels, 19 April 1973 .
                                                                       The President
                                                                        A. LAVENS


title: 2010/445/CFSP: Council Decision 2010/445/CFSP of 11 August 2010 extending the mandate of the European Union Special Representative for the crisis in Georgia

text:
               12.8.2010

               EN

               Official Journal of the European Union

               L 211/33

         COUNCIL DECISION 2010/445/CFSP
   of 11 August 2010
   extending the mandate of the European Union Special Representative for the crisis in Georgia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 28, 31(2) and 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 25 September 2008, the Council adopted Joint Action 2008/760/CFSP (1) appointing Mr Pierre MOREL European Union Special Representative (hereinafter the EUSR) for the crisis in Georgia until 28 February 2009.

               (2)

               On 22 February 2010, the Council adopted Decision 2010/106/CFSP (2) extending the mandate of the EUSR until 31 August 2010.

               (3)

               The mandate of the EUSR should be extended until 31 August 2011. However, the mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (hereinafter the HR) following the entry into force of the Decision establishing the European External Action Service.

               (4)

               The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Pierre MOREL as the EUSR for the crisis in Georgia is hereby extended until 31 August 2011. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the HR following the entry into force of the Decision establishing the European External Action Service.
   Article 2
   Objectives
   The mandate of the EUSR for the crisis in Georgia shall be based on the objectives established by the conclusions of the extraordinary European Council meeting in Brussels on 1 September 2008 and the Council conclusions of 15 September 2008 on Georgia.
   The EUSR shall enhance the effectiveness and visibility of the European Union (hereinafter ‘the EU’ or ‘the Union’) in helping to resolve the conflict in Georgia.
   Article 3
   Mandate
   In order to achieve the policy objectives, the mandate of the EUSR shall be to:

               (a)

               firstly, help prepare for the international talks to be held under point 6 of the settlement plan of 12 August 2008, which are in particular to cover:

                           —

                           arrangements for security and stability in the region,

                           —

                           the issue of refugees and displaced persons, on the basis of internationally recognised principles,

                           —

                           any other subject, by mutual agreement between the parties,

                     secondly, help establish the Union’s position and represent it, at his level, in those talks;

               (b)

               facilitate the implementation of the agreement concluded on 8 September 2008 in Moscow and Tbilisi, as well as the agreement of 12 August 2008 in close coordination with the United Nations and the Organisation for Security and Cooperation in Europe (OSCE);

         in the framework of the activities mentioned above, to contribute to the implementation of the Union’s human rights policy and of its approach in this field, in particular with regard to children and women.
   Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate acting under the authority of the HR.
   2.   The Political and Security Committee (hereinafter the PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 September 2010 to 31 August 2011 shall be EUR 700 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of his team.
   2.   Member States and Union institutions may propose the secondment of staff to work with the EUSR. The salary of personnel who are seconded by a Member State or Union institution to the EUSR shall be covered by the EU Member State or institution concerned, respectively. Experts seconded by Member States to the General Secretariat of the Council may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State or Union institution and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and his staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host party/parties, as appropriate. Member States and the Commission shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of his team shall respect the security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations (3), in particular when managing EU classified information.
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegation and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   The EUSR shall, in accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, take all reasonably practicable measures, in conformity with his mandate and on the basis of the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, notably by:

               (a)

               establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, providing for mission-specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the mission area, and the management of security incidents, and providing for a contingency plan and a mission evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

               (c)

               ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report as necessary to Council working parties. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports.
   Article 12
   Coordination
   1.   The EUSR shall promote overall Union political coordination. He shall help ensure that all Union instruments are engaged coherently to attain the Union’s policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region, and in particular of the EUSR for the South Caucasus while respecting the specific objectives of the latter’s mandate. The EUSR shall provide regular briefings to Member States’ missions and the Union’s delegations.
   2.   In the field, close liaison shall be maintained with the Head of the Union delegation and Member States’ Heads of Mission. They shall make best efforts to assist the EUSR in the implementation of his mandate. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the HR, the Council and the Commission with a progress report at the end of February 2011 and a comprehensive mandate implementation report at the end of the mandate.
   Article 14
   Entry into force
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 11 August 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  OJ L 259, 27.9.2008, p. 16.

      (2)  OJ L 46, 23.2.2010, p. 5.

      (3)  OJ L 101, 11.4.2001, p. 1.


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31978D0885

78/885/EEC: Council Decision of 16 October 1978 appointing members and alternate members of the Advisory Committee on Vocational Training as laid down by the fourth principle of the Council Decision of 2 April 1963

Official Journal L 306 , 31/10/1978 P. 0027 - 0028

****( 1 ) OJ NO 63 , 20 . 4 . 1963 , P . 1338/63 .  ( 2 ) OJ NO 190 , 30 . 12 . 1963 , P . 3090/63 .  ( 3 ) OJ NO L 91 , 12 . 4 . 1968 , P . 26 .        COUNCIL DECISION   OF 16 OCTOBER 1978   APPOINTING MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING AS LAID DOWN BY THE FOURTH PRINCIPLE OF THE COUNCIL DECISION OF 2 APRIL 1963  ( 78/885/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 128 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 2 APRIL 1963 LAYING DOWN GENERAL PRINCIPLES FOR IMPLEMENTING A COMMON VOCATIONAL TRAINING POLICY ( 1 ), AND IN PARTICULAR THE FOURTH PRINCIPLE THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 18 DECEMBER 1963 LAYING DOWN THE RULES OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING ( 2 ), AS AMENDED BY THE DECISION OF 9 APRIL 1968 ( 3 ),   HAVING REGARD TO THE LISTS OF CANDIDATES SUBMITTED TO THE COUNCIL BY EACH OF THE GOVERNMENTS OF THE MEMBER STATES ,   WHEREAS BY ITS DECISION OF 21 JUNE 1976 THE COUNCIL APPOINTED MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING FOR THE PERIOD FROM 21 JUNE 1976 TO 20 JUNE 1978 ;   WHEREAS THE MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE SHOULD BE APPOINTED FOR THE PERIOD 16 OCTOBER 1978 TO 15 OCTOBER 1980 ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE FOLLOWING SHALL BE APPOINTED MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON VOCATIONAL TRAINING PROVIDED FOR UNDER THE FOURTH PRINCIPLE OF THE COUNCIL DECISION OF 2 APRIL 1963 , FOR THE PERIOD 16 OCTOBER 1978 TO 15 OCTOBER 1980 :   A . GOVERNMENT REPRESENTATIVES   //  //  ( A ) MEMBERS //  //  ( B ) ALTERNATES // BELGIUM //  MR J . DENYS //  MR DUTRE //  MR A . COEN // DENMARK //  MR JOERGENSEN //  MR JOHANSEN //  MR HOLSTEEN JESSEN // GERMANY //  MR H . LEMKE //  MRS K . SCHULTE-STEINBERG //  DR . F . PUETTMANN // FRANCE //  MR BLONDEL //  MR R . ROBIN //  MR BRUYERE // IRELAND //  MR J . A . AGNEW //  MR J . KEANE //  MR W . WHITE // ITALY //  AVV . A . GALLO //  DOTT . R . GIAMARELLI //  DOTT . A . FREDELLA // LUXEMBOURG //  MR N . ESTGEN //  MR G . GLAESENER //  MR A . FRANK // NETHERLANDS //  DRS . H . K . VOS //  MR A . H . KOELINK //  DRS . W . H . WEEKANBORG // UNITED KINGDOM //  DR R . M . JOHNSON //  MR C . BOOTH //  MR J . D . RIMINGTON //   B . TRADE UNION REPRESENTATIVES  //  //  ( A ) MEMBERS //  //  ( B ) ALTERNATES // BELGIUM //  MR G . DERIEUW //  //  MR J . GAYETOT // DENMARK //  MR F . THORGRIMSON //  MR N . ENEVOLDSEN //  MR J . HANSEN // GERMANY //  MRS M . WEBER //  MR F . KEMPF //  DR H . NIERHAUS // FRANCE //  MR D . SCHALCHLI //  MR VERGER //  MR G . CABUROL // IRELAND //  MR F . KENNEDY //  //  MR H . O ' SULLIVAN // ITALY //  MR L . ZANIER //  MR L . ROTA //  MR F . DRAGO // LUXEMBOURG //  MR L . LUX //  MR J . BACKER //  MR SCHADECK // NETHERLANDS //  MR H . WEGGELAAR //  MR H . J . MOES //  MR F . VAN BAKEL // UNITED KINGDOM //  MR F . JARVIS //  MR F . A . BAKER //  MR J . CHALMERS //   C . REPRESENTATIVES OF EMPLOYERS '  ORGANIZATIONS  //  //  ( A ) MEMBERS //  //  ( B ) ALTERNATES // BELGIUM //  MR D . DE NORRE //  MR R . DUSSENNE //  MR P . VAN DE CRUYCE // DENMARK //  MR O . SCHANDORFF //  MR E . TOETTRUP //  MRS G . REDDER // GERMANY //  MR K.-G . KRACHTEN //  MR . H.-P . KUHFUHS //  MR R . RADDATZ // FRANCE //  MR Y . CORPET //  MR J.-P . MEINRAD //  MR R . BOUDET // IRELAND //  MR C . MCHENRY //  MR W . J . FENELON //  MR A . F . RICE // ITALY //  DR G . SATTA //  MR M . VITA //  DR B . PUSTERLA // LUXEMBOURG //  MR C . KOEDINGER //  MR E . MULLER // NETHERLANDS //  DR C . J . C . M . BOEREN //  MR J . R . WESTERHUIS //  MR H . ROTHFUSZ // UNITED KINGDOM //  MR M . O . BURY //  MR H . H . TOMLINSON //  MR P . J . CASEY //   ARTICLE 2   THE COUNCIL WILL APPOINT AT A LATER DATE TWO PERSONS TO HOLD TWO SEATS ALLOCATED TO BELGIAN AND IRISH NATIONALS IN THE ' TRADE UNION REPRESENTATIVES '  CATEGORY AND A PERSON AS AN ALTERNATE MEMBER TO HOLD A SEAT ALLOCATED TO A LUXEMBOURG NATIONAL IN THE ' REPRESENTATIVES OF EMPLOYERS '  ORGANIZATION ' CATEGORY .   DONE AT LUXEMBOURG , 16 OCTOBER 1978 .   FOR THE COUNCIL   THE PRESIDENT   K . VON DOHNANYI


               1.9.2016

               EN

               Official Journal of the European Union

               C 321/1

         Decision of the European Ombudsman adopting Implementing Provisions
   (2016/C 321/01)
   Article 1
   Definitions
   For the purposes of these implementing provisions:

               (a)

               ‘institution’ means a European Union institution, body, office or agency;

               (b)

               the ‘Statute’ means the Decision of the European Parliament on the regulations and general conditions governing the performance of the Ombudsman's duties (1);

               (c)

               the ‘Ombudsman’ is the person elected by the European Parliament pursuant to Article 228 of the Treaty on the Functioning of the European Union;

               (d)

               the ‘Secretariat’ comprises the officials and other agents who assist the Ombudsman;

               (e)

               a ‘document’ shall mean any content, whatever its medium (written on paper or stored in electronic form or as a sound, visual or audiovisual recording).

         Article 2
   Receipt of complaints
   2.1.   The Ombudsman shall accept complaints submitted in writing, either electronically or on paper. The Ombudsman shall take appropriate measures to assist persons with disabilities to exercise their right to submit a complaint to the Ombudsman.
   2.2.   A complainant shall identify any information in the complaint that the complainant considers confidential. The identification of any such information as confidential by a complainant shall not prevent the Ombudsman, for the purposes of carrying out an inquiry, from communicating the information to the institution concerned.
   2.3.   The Ombudsman shall treat a petition transferred to the Ombudsman by the European Parliament with the consent of the petitioner as a complaint.
   2.4.   In appropriate cases, and with the consent of the complainant, the Ombudsman may transfer a complaint to another competent authority.
   Article 3
   Initial processing of complaints
   3.1.   The Ombudsman shall determine whether a complaint is within the mandate and, if so, whether it is admissible pursuant to Article 2 of the Statute. The Secretariat may request the complainant to provide further information or documents to enable the Ombudsman to make that determination.
   3.2.   If a complaint is outside the mandate of the Ombudsman, or is inadmissible, the Ombudsman shall close the file on the complaint.
   3.3.   The Ombudsman shall decide whether there are grounds to inquire into an admissible complaint. If the Ombudsman considers that there are no grounds to conduct an inquiry, the Ombudsman shall close the file on the complaint.
   Article 4
   Information gathering actions during inquiries
   4.1.   When the Ombudsman finds grounds to open an inquiry, the Ombudsman shall identify the allegations made by the complainant that fall within the scope of the inquiry.
   4.2.   The Ombudsman may ask the institution concerned to provide a reply in relation to those allegations. The Ombudsman may also ask the institution concerned to set out in its reply its views on specific aspects of the allegations and on specific issues arising from or related to the complaint.
   4.3.   The Ombudsman may ask an institution to send information or documents to the Ombudsman. The Ombudsman may, after consulting with the institution concerned, also arrange to inspect relevant documents.
   4.4.   The institution's replies on the matters referred to in paragraphs 4.2 and 4.3 shall be made within the timeframe specified by the Ombudsman, which shall normally not exceed three months. The precise timeframe for providing a reply shall be reasonable, taking into account the complexity and urgency of the inquiry. If the Ombudsman considers that the inquiry is of public interest, the timeframe for responding shall be as short as is reasonably possible. If the institution concerned is not in a position to provide a reply to the Ombudsman within the set timeframe, it shall make a reasoned request for an extension.
   4.5.   The Ombudsman may ask the institution concerned to organise a meeting with the Ombudsman in order to clarify issues falling within the scope of the inquiry.
   4.6.   The Ombudsman may require officials or other servants of an institution to testify in accordance with the rules laid down in the Statute. The Ombudsman may decide that the person testifying shall do so in confidence.
   4.7.   The Ombudsman may, for the purposes of carrying out an inquiry, request a Member State, through its Permanent Representation, to provide information or documents relating to the alleged maladministration by an institution, in accordance with the rules set out in the Statute.
   4.8.   When an institution or a Member State provides information or documents to the Ombudsman pursuant to paragraph 4.2, 4.3, 4.5 or 4.7, they shall clearly identify any information they consider to be confidential. The Ombudsman will not disclose any such confidential information, either to the complainant or to the public, without the prior agreement of the institution or the Member State concerned.
   4.9.   If an institution or a Member State does not provide the Ombudsman with the assistance described in paragraph 4.2, 4.3, 4.5 or 4.7, the Ombudsman shall remind the institution or Member State concerned why that assistance is necessary. If, after discussion with the institution or Member State concerned, the matter cannot be resolved to the satisfaction of the Ombudsman, the Ombudsman shall inform the European Parliament and request it to take whatever action it considers appropriate.
   4.10.   The Ombudsman may, for the purposes of carrying out an inquiry, ask the complainant or any third party to provide the Ombudsman with information or documents, or to clarify information or documents already provided to the Ombudsman. The Ombudsman may also request a meeting with the complainant in order to clarify issues falling within the scope of the inquiry.
   4.11.   The Ombudsman may commission any studies or expert reports that he or she considers relevant to the inquiry.
   Article 5
   Proposals for solutions
   5.1.   If the Ombudsman considers that a complaint can be resolved, the Ombudsman shall seek a solution with the institution concerned.
   5.2.   The institution concerned shall reply to the Ombudsman's proposal for a solution within a specified timeframe, which shall normally not exceed three months. The precise timeframe for providing a reply shall be reasonable, taking into account the complexity and urgency of the inquiry. If the Ombudsman considers that the inquiry is of public interest, the timeframe for responding shall be as short as is reasonably possible. If the institution concerned is not in a position to provide a reply to the Ombudsman within the set timeframe, it shall make a reasoned request for an extension.
   5.3.   The Ombudsman shall provide the complainant with a copy of the proposal for a solution and the institution's reply to that proposal after obtaining the reply of the institution concerned. The complainant may submit comments to the Ombudsman within one month.
   Article 6
   Findings and recommendations
   6.1.   The Ombudsman may make suggestions for improvement regarding issues related to the inquiry in the course of an inquiry.
   6.2.   Where the Ombudsman finds no maladministration, that a solution has been found or that no further inquiries are justified, the inquiry shall be closed with a decision setting out findings. The Ombudsman shall send the decision to the complainant and to the institution concerned.
   6.3.   Where the Ombudsman finds maladministration, the Ombudsman shall make any appropriate recommendation(s) to the institution concerned in accordance with Article 3(6) of the Statute and ask the institution concerned to provide an opinion on the recommendation(s) within three months. The opinion shall state whether and, if so, how the institution has implemented or intends to implement the recommendation(s). The Ombudsman shall forward the opinion to the complainant, who may submit comments on it within one month.
   6.4.   Where the Ombudsman becomes aware that the matter under investigation by the Ombudsman has become the subject of legal proceedings, the Ombudsman shall close the inquiry and inform the complainant and the institution.
   Article 7
   Closure of inquiries finding maladministration and reports to Parliament
   7.1.   The Ombudsman, after analysing the opinion of the institution concerned and any comments submitted by the complainant in accordance with Article 6.3 of this Decision, may close the inquiry setting out definitive findings.
   7.2.   The Ombudsman shall report to the European Parliament on his or her inquiries on a regular basis, including by way of an annual report.
   7.3.   The Ombudsman may submit a Special Report to the European Parliament on any inquiry in which the Ombudsman finds maladministration and which the Ombudsman considers to be of significant public interest.
   Article 8
   Own-initiative inquiries
   8.1.   The Ombudsman shall conduct own-initiative inquiries for which the Ombudsman finds grounds.
   8.2.   The procedures applicable to inquiries opened following a complaint shall apply, to the extent that they are relevant, to own-initiative inquiries.
   Article 9
   Points of procedure
   9.1.   If the Ombudsman considers it appropriate to do so, the Ombudsman may take steps to ensure that a complaint is dealt with as a matter of priority, taking into account strategic objectives.
   9.2.   The Ombudsman shall, to the extent necessary, keep the complainant informed about the progress of an inquiry. If the Ombudsman considers it necessary to clarify with the complainant any aspect of an institution's reply to the Ombudsman, the Ombudsman may decide to provide the complainant with the reply of the institution concerned. If the Ombudsman decides to do so, the Ombudsman may also provide the complainant with a copy of the Ombudsman's letter to the institution requesting a reply.
   9.3.   The Ombudsman may make public non-confidential information about the progress of an inquiry. In particular, in inquiries of public interest, the Ombudsman may publish the letters the Ombudsman sends to the institutions or Member States, and the replies thereto.
   9.4.   The Ombudsman shall retain possession of documents obtained from an institution or a Member State during an inquiry, and declared to be confidential by that institution or Member State, only for so long as the inquiry is ongoing and the period of time for dealing with any request for review has not expired. The Ombudsman may request an institution or Member State to retain such documents for a period of at least five years following a notification to them that the Ombudsman no longer retains the documents.
   9.5.   The complainant shall be entitled to see the Ombudsman's file on the complaint when making a request for review pursuant to Article 10 of this Decision, with the exception of documents declared confidential by an institution, a Member State or the Ombudsman, and of any other confidential information in the file.
   9.6.   The Ombudsman shall adopt rules on public access to documents based on Regulation (EC) No 1049/2001 (2).
   9.7.   The Ombudsman may, for the protection of the legitimate interests of the complainant or of a third party, classify information in a complaint or in other documents as confidential on the Ombudsman's own initiative.
   9.8.   The Ombudsman shall deal with abusive communications and with complaints that amount to an abuse of process in accordance with guidelines adopted by the Ombudsman for this purpose.
   9.9.   The Ombudsman may decide to discontinue an inquiry at the request of the complainant. This shall not prevent the Ombudsman from opening an own-initiative inquiry into the subject matter of the complaint.
   9.10.   The Ombudsman may close an inquiry where the complainant has failed to provide any requested information or any requested comments.
   Article 10
   Requests for review
   10.1.   A complainant shall have the right to request a review of a decision taken pursuant to Articles 3.2 and 3.3 of this Decision, and of any finding in a decision closing an inquiry with the exception of a finding of maladministration.
   10.2.   The detailed rules on how the Ombudsman deals with requests for review shall be set out in a decision of the Ombudsman.
   Article 11
   Delegation of complaint handling
   The Ombudsman may delegate to the Secretariat parts of the complaint-handling process. The Secretariat shall inform the complainant of the right to request the Ombudsman to review any decision taken by the Secretariat.
   Article 12
   Cooperation with ombudsmen and similar bodies in Member States
   The Ombudsman may cooperate with ombudsmen and similar bodies in the Member States, including through the European Network of Ombudsmen.
   Article 13
   Languages
   13.1.   Any person may write to the Ombudsman in any Treaty language, on any matter falling within the Ombudsman's competence. The Ombudsman shall draft the response in that Treaty language.
   13.2.   A complaint may be submitted to the Ombudsman in any Treaty language. The Ombudsman shall communicate with a complainant in that language.
   13.3.   In exceptional circumstances, the Ombudsman may request the institutions to provide copies of relevant documents in the language of the complaint. In making such a request, the Ombudsman shall act proportionately to the needs of the complainant and reasonably with regard to the resources of the institutions.
   Article 14
   Entry into force
   14.1.   The Ombudsman repeals the implementing provisions adopted on 8 July 2002, as amended 5 April 2004 and 3 December 2008.
   14.2.   The present Decision shall come into effect on 1 September 2016. It shall apply to all inquiries ongoing on that date, all inquiries opened on that date and any complaints concerning which the Ombudsman has, on that date, not yet taken a position.
   14.3.   The Ombudsman shall inform the President of the European Parliament of this Decision.
   14.4.   The Ombudsman shall publish this Decision in the Official Journal and on the Ombudsman's website.

      Done at Strasbourg, 20 July 2016.

         Emily O'REILLY

            The European Ombudsman

      (1)  Adopted by Parliament on 9 March 1994 (OJ L 113, 4.5.1994, p. 15) and amended by its decisions of 14 March 2002 (OJ L 92, 9.4.2002, p. 13) and 18 June 2008 (OJ L 189, 17.7.2008, p. 25).

      (2)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).


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31977D0672

77/672/EEC, Euratom, ECSC: Council Decision of 24 October 1977 determining the authority which shall exercise the powers conferred on the appointing authority and on the authority empowered to conclude employment contracts for the staff of the Audit Board and the ECSC Auditor

Official Journal L 275 , 27/10/1977 P. 0025 - 0025 Finnish special edition: Chapter 1 Volume 1 P. 0134  Swedish special edition: Chapter 1 Volume 1 P. 0134

COUNCIL DECISION  of 24 October 1977  determining the authority which shall exercise the powers conferred on the appointing authority and on the authority empowered to conclude employment contracts for the staff of the Audit Board and the ECSC Auditor  (77/672/EEC, Euratom, ECSC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to Article 2 of the Staff Regulations of officials of the European Communities and Article 6 of the conditions of employment of other servants,  Whereas the Treaty amending certain financial provisions of the Treaties establishing the European Communities and of the Treaty establishing a single Council and a single Commission of the European Communities entered into force on 1 June 1977 ; whereas one of the aims of that Treaty is the creation of a Court of Auditors of the European Communities;  Whereas, under Article 28 of that Treaty, the terms of office of the members of the Audit Board and that of the ECSC Auditor shall expire on the day they submit their Report on the financial year preceding that in which the members of the Court of Auditors are appointed;  Whereas it is therefore necessary to determine the authority which shall exercise the powers conferred on the appointing authority and on the authority empowered to conclude employment contracts in respect of the staff coming under the authority of the Audit Board and the ECSC Auditor after the expiry of their terms of office,  HAS DECIDED AS FOLLOWS:    Article 1 The powers conferred by the Staff Regulations of officials of the European Communities on the appointing authority and those conferred by the conditions of employment applicable to other servants on the authority empowered to conclude employment contracts shall be exercised, in respect of staff coming under the authority of the Audit Board and the ECSC Auditor:    (a) by the Council, acting on a proposal from and in agreement with the Court of Auditors, for the application of Article 1, of the second paragraph of Article 30 and of Articles 31 and 50 of the Staff Regulations,       (b) by the Court of Auditors in the other cases.          Article 2 This Decision shall enter into force on the date resulting from the implementation of Article 28 of the Treaty amending certain financial provisions of the Treaties establishing the European Communities and of the Treaty establishing a single Council and a single Commission of the European Communities.     Done at Luxembourg, 24 October 1977.  For the Council  The President  A. HUMBLET


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31993D0696

93/696/EC: Council Decision of 13 December 1993 granting a Community guarantee to the European Investment Bank against losses under loans for projects in central and eastern European countries (Poland, Hungary, the Czech Republic, the Slovak Republic, Romania, Bulgaria, Estonia, Latvia, Lithuania and Albania)

Official Journal L 321 , 23/12/1993 P. 0027 - 0028 Finnish special edition: Chapter 1 Volume 3 P. 0071  Swedish special edition: Chapter 1 Volume 3 P. 0071

COUNCIL DECISION of 13 December 1993 granting a Community guarantee to the European Investment Bank against losses under loans for projects in central and eastern European countries (Poland, Hungary, the Czech Republic, the Slovak Republic,  Romania, Bulgaria, Estonia, Latvia, Lithuania and Albania) (93/696/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas the peoples of central and eastern Europe have close ties and share a common destiny with the peoples of the Community; whereas these ties have been strengthened by the trade and cooperation agreements signed for an indefinite period;  Whereas these countries (Poland, Hungary, the Czech Republic, the Slovak Republic, Romania, Bulgaria, Estonia, Latvia, Lithuania and Albania) are undertaking major political and social reforms and have embarked on a fundamental restructuring of their  economies; whereas the Ministers of the Group of 24 (G-24) welcomed this at their meeting on 11 November 1991 and decided to extend G-24 coordinated economic assistance to them;  Whereas these economic reforms will make a decisive contribution to the rapid establishment of mutually beneficial economic and commercial links between these countries and the Community;  Whereas, in particular, there is a great need for capital investment in these countries; whereas this investment requires external finance; whereas the European Investment Bank (hereinafter referred to as 'the Bank') could make an important  contribution;  Whereas the Bank is completing an initial three-year loan programme for Poland and Hungary pursuant to Council Decision 90/62/EEC (3) and a two-year programme for the Czech and Slovak Republics, Bulgaria and Romania pursuant to Council Decision  91/252/EEC (4), with encouraging results according to the Bank's report on this first phase; whereas, pursuant to the Europe Agreements signed on 16 December 1991, these programmes should be renewed;  Whereas similar provisions have been approved for the Baltic States; whereas these measures should be extended to include Albania;  Whereas the European Council meeting in Edinburgh on 12 December 1992 called on the Council and the Bank to create a new, temporary lending facility within the Bank to finance infrastructure projects, notably those relating to trans-European networks;  whereas these networks may include projects involving central and eastern European countries in so far as such projects are of mutual interest;  Whereas, in future, the Bank's activities in all these countries must be accorded uniform treatment within an overall framework;  Whereas the Council is calling on the Bank to continue its operations in support of investment projects carried out in those countries by offering it the guarantee provided for in this Decision;  Whereas the Bank and the Commission should fix the terms for granting the guarantee,  HAS DECIDED AS FOLLOWS:   Article 1  1. The Community shall guarantee in full vis-à-vis the European Investment Bank any payments not received by it but due under loans granted, in accordance with its usual criteria, in respect of investment projects carried out in the central  and eastern European countries (Poland, Hungary, the Czech Republic, the Slovak Republic, Romania, Bulgaria, Estonia, Latvia, Lithuania and Albania).  This guarantee shall be restricted to an overall loan ceiling of ECU 3 000 million over a period of three years beginning on the date this Decision takes effect. If, on expiry of this period, the loans granted by the Bank have not attained the overall  amount referred to above, the three-year period shall be automatically extended by six months.  2. The loan guarantee ceiling referred to in the second subparagraph of paragraph 1 shall include the provisions adopted in respect of investments in Estonia, Latvia and Lithuania.   Article 2  The Commission shall inform the European Parliament and the Council every six months of the situation regarding loans signed. To that end, the Bank shall regularly transmit to the Commission the appropriate information.   Article 3  The Commission shall inform the European Parliament and the Council each year of the loan operations and shall at the same time submit an assessment of the operation of the scheme and of coordination between the financial institutions  operating in that area.   Article 4  The Bank and the Commission shall fix the terms on which the guarantee is to be given.   Article 5  This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.  Done at Brussels, 13 December 1993.  For the Council The President Ph. MAYSTADT  (1) OJ No C 160, 12. 6. 1993, p. 8.  (2) OJ No C 315, 22. 11. 1993.  (3) OJ No L 42, 16. 2. 1990, p. 68.  (4) OJ No L 123, 18. 5. 1991, p. 44.


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31987D0093

87/93/EEC: Commission Decision of 7 January 1987 on the setting-up of an Advisory Committee on Sheepmeat and Goatmeat

Official Journal L 045 , 14/02/1987 P. 0068 - 0070 Finnish special edition: Chapter 3 Volume 22 P. 0204  Swedish special edition: Chapter 3 Volume 22 P. 0204

COMMISSION DECISION of 7 January 1987 on the setting-up of an Advisory Committee on Sheepmeat and Goatmeat (87/93/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the Advisory Committee on Sheepmeat and Goatmeat was set up by Commission Decision 81/376/EEC (1), as amended by Decision 83/77/EEC (2);  Whereas, following the accession of new Member States to the Community, the number of seats on the Committee should be increased and they should be reallocated; whereas the procedure for the replacement of members should also be adjusted;  Whereas the provisions concerning the Advisory Committee on Sheepmeat and Goatmeat have been amended several times and have therefore become difficult to apply, whereas they should therefore be consolidated;  Whereas the Commission should seek the views of producers, traders and consumers on matters arising in connection with the operation of the common organization of the market in sheepmeat and goatmeat;  Whereas all the occupations directly involved in the implementation of the market organization in question, and also consumers, must have an opportunity to participate in the drafting of the opinions requested by the Commission;  Whereas the trade associations concerned and the consumer groups in the Member States have set up organizations at Community level which are in a position to represent those concerned in all the Member States,  HAS DECIDED AS FOLLOWS:    Article 1 1.  There shall be attached to the Commission an Advisory Committee on Sheepmeat and Goatmeat, 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 (3) OJ No L 145, 3. 6. 1981, p. 26.  (4) OJ No L 51, 24. 2. 1983, p. 34.  agricultural produce and foodstuffs, agricultural workers and workers in the processing and food-manufacturing industries and consumers.  Article 2 1.  The Committee may be consulted by the Commission on any problem concerning the operation of the Regulations on the common organization of the market in sheepmeat and goatmeat 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 desirablility 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 any of the interests represented.  Article 3 1.  The Committee shall consist of 30 members.  2.  Seats on the Committee shall be apportioned as follows:  - 15 to agricultural producers and cooperatives in the sector,  - one to the meat industry,  - two to the livestock trade,  - two to the wholesale meat trade,  - two to the meat distribution trade,  - four to agricultural workers and workers in the processing and food-manufacturing industries,  - four to consumers.  Article 4 1.  Members of the Committee shall be appointed by the Commission on proposals from the professional 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 sheepmeat and goatmeat. However, consumers' representatives shall be appointed on proposals from the Consumers' Advisory Committee.  For each seat to be filled, those bodies shall 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.  In the event of the resignation or decease of a member or a request from the body having proposed a member that he be replaced, he shall be replaced in accordance with the procedure laid down in paragraph 1.  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 1.  After consulting the Commission, the Committee shall elect a chairman for a period of three years.  The chairman shall be elected, in the case of the first ballot, by a two-thirds majority of the members present and, in the case of subsequent ballots, by a simple majority of the members present. In the event of a tie, the Commission shall provide a  chairman on a temporary basis.  2.  The Committee shall elect two vice-chairmen for a period of three years.  The vice-chairmen may not represent the same interest as the chairman.  The election shall take place in accordance with the procedure laid down in paragraph 1.  The Committee may, in accordance with the same procedure, elect other officers. In that case, the officers other than the chairman shall include not more than one representative of each interest represented on the Committee.  The officers shall prepare and organize the work of the Committee.  Article 6 1.  Only the Commission representatives, the members of the Committee, or persons replacing them in their absence, and persons invited in accordance with paragraphs 3 and 4 may participate in or attend meetings.  2.  Should a member be unable to attend a meeting, the organization or organizations to which a seat is allocated may appoint a person to take his place. This person shall be selected from a list drawn up by mutual agreement between the Commission and  the organization or organizations in question and containing a number of names equal to half the total numbers of members representing the organization or organizations in question. This number shall be not less than one and not more than 12.  The secretariat of the Committee must be informed of such replacement of a member at least seven days before a meeting.  3.  At the request of an organization to which one or more seats are allocated, the chairman may, in agreement with the Commission staff, invite its general secretary or a member of its secretariat to attend the meetings of the Committee as an observer.  Should he be unable to attend, however, the general secretary may have his seat as an observer taken by another person designated by him.  Observers shall not have the right to speak. They may, however, be invited to do so by the chairman in agreement with the Commission staff.  4.  At the request of an organization to which one or more seats are allocated, and when the matters on the agenda are of a highly technical nature outside the normal framework of the deliberations of the Committee, the chairman may, in agreement with  the Commission staff, invite one or more experts to take part in the deliberations of the Committee.  The Commission may, on its own initiative, invite any person particularly well qualified in one of the subjects on the agenda to take part in the deliberations of the Committee as an expert.  However, experts shall participate only in the discussion of the matter concerning which they were invited to attend.  Article 7 In agreement with the Commission staff, the Committee may set up working groups to facilitate its work.  Article 8 1.  The Committee shall be convened by the Commission and shall meet at the place where the Commission has its seat. 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 parties.  3.  Secretarial services for the Committee, its officers and working parties 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 at the outcome of such discussions. 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 or to the Management Committees, at the request of the latter.  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 parties.  In such cases, only Committee members and representatives of the Commission departments concerned may be present at meetings.  Aricle 11 Commission Decision 81/376/EEC is hereby repealed.  Article 12 This Decision shall enter into force on 1 January 1987.   Done at Brussels, 7 January 1987.  For the Commission Frans ANDRIESSEN Vice-President EWG:L111UMBE23.95 FF: 1UEN;   SETUP: 01;   Hoehe: 1299 mm;   204 Zeilen;   9365 Zeichen;  Bediener: MIKE   Pr.: C;  Kunde: ................................


Avis juridique important

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41996D0429

96/429/EC, ECSC, Euratom: Decision of the representatives of the governments of the member states of 8 July 1996 appointing a judge to the Court of Justice of the European Communities

Official Journal L 178 , 17/07/1996 P. 0031 - 0031

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES of 8 July 1996 appointing a judge to the Court of Justice of the European Communities (96/429/Euratom, ECSC, EC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 167 thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 32b thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 139 thereof,Whereas pursuant to Article 7 of the Protocol on the Statute of the Court of Justice of the European Community and to the corresponding provisions of the Protocols on the Statutes of the Court of Justice of the European Coal and Steel Community and of the European Atomic Energy Community and as a consequences of the decease of Mr Fernand Schockweiler, a judge should be appointed for the remaining period of Mr Fernand Schockweiler's term of office,HAVE DECIDED AS FOLLOWS:Article 1 Mr Romain Schintgen is hereby appointed judge to the Court of Justice of the European Communities from 11 July 1996 up to and including 6 October 1997.Article 2 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 8 July 1996.The PresidentR. QUINN


title: 2014/321/EU: Council Decision of 13 May 2014 on the conclusion on behalf of the European Union and its Member States of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
               4.6.2014

               EN

               Official Journal of the European Union

               L 165/30

         COUNCIL DECISION
   of 13 May 2014
   on the conclusion on behalf of the European Union and its Member States of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union

      (2014/321/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with point (a)(i) of Article 218(6) and the second subparagraph of Article 218(8) thereof,
   Having regard to the Act of Accession of Croatia, and in particular the second subparagraph of Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with Council Decision 2014/172/EU (1), the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’) has been signed, subject to its conclusion.

               (2)

               The conclusion of the Protocol is subject to a separate procedure as regards matters falling within the competence of the European Atomic Energy Community.

               (3)

               The Protocol should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved on behalf of the Union and its Member States (2).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Union and its Member States, the instrument of approval provided for in Article 11(2) of the Protocol.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 13 May 2014.

            For the Council

            The President

         E. VENIZELOS

      (1)  OJ L 93, 28.3.2014, p. 1.

      (2)  The text of the Protocol has been published in OJ L 93, 28.3.2014, p. 2, together with the decision on its signature.


title: 2009/70/EC,Euratom: Council Decision of 19 January 2009 appointing two German members of the European Economic and Social Committee

text:
               28.1.2009

               EN

               Official Journal of the European Union

               L 24/13

      COUNCIL DECISION

   of 19 January 2009
   appointing two German members of the European Economic and Social Committee
   (2009/70/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Council Decision 2006/524/EC, Euratom of 11 July 2006 appointing Czech, German, Estonian, Spanish, French, Italian, Latvian, Lithuanian, Luxembourg, Hungarian, Maltese, Austrian, Slovenian and Slovak members of the European Economic and Social Committee (1),
   Having regard to the proposal of the German Government,
   Having regard to the opinion of the Commission,
   Whereas two members' seats on the European Economic and Social Committee have become vacant following the death of Ms Karin ALLEWELDT and the resignation of Ms Amelie BUNTENBACH,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Ms Gabriela BISCHOFF, Bereichsleiterin Europapolitik im DGB, and Ms Michaela ROSENBERGER, Vorstandsmitglied Gewerkschaft Nahrung-Genuss-Gaststätten, are hereby appointed to the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 19 January 2009.

            For the Council

            The President

         P. GANDALOVIČ

      (1)  OJ L 207, 28.7.2006, p. 30.


Avis juridique important

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31980D0410

80/410/EEC: Commission Decision of 10 April 1980 accepting undertakings given in connection with the anti-dumping proceedings concerning certain filament lamps for lighting exceeding 28 volts, originating in Czechoslovakia, the German Democratic Republic, Hungary and Poland, and terminating those proceedings

Official Journal L 097 , 15/04/1980 P. 0059

****( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .  ( 2 ) OJ NO C 211 , 5 . 9 . 1978 , P . 2 .  ( 1 ) NIMEXE CODE 85.20-15 ; COMMON CUSTOMS TARIFF SUBHEADING EX 85.20 A .    COMMISSION DECISION   OF 10 APRIL 1980   ACCEPTING UNDERTAKINGS GIVEN IN CONNECTION WITH THE ANTI-DUMPING PROCEEDINGS CONCERNING CERTAIN FILAMENT LAMPS FOR LIGHTING EXCEEDING 28 VOLTS , ORIGINATING IN CZECHOSLOVAKIA , THE GERMAN DEMOCRATIC REPUBLIC , HUNGARY AND POLAND , AND TERMINATING THOSE PROCEEDINGS  ( 80/410/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3017/79 OF 20 DECEMBER 1979 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 10 THEREOF ,   AFTER HEARING THE OPINIONS EXPRESSED BY THE ADVISORY COMMITTEE SET UP UNDER THAT REGULATION ,   WHEREAS IN JUNE 1978 THE COMMISSION RECEIVED A COMPLAINT LODGED BY THE LIAISON ORGANIZATION FOR THE EUROPEAN MECHANICAL , ELECTRICAL AND ENGINEERING INDUSTRIES AND METAL WORKING INDUSTRIES ( ORGALIME ) ON BEHALF OF ALMOST ALL THE COMMUNITY MANUFACTURERS OF GENERAL LIGHTING SERVICES ( GLS ) ELECTRIC LIGHT BULBS EXCEEDING 28 VOLTS ; WHEREAS THE COMPLAINT CONTAINED EVIDENCE OF THE EXISTENCE OF DUMPING IN RESPECT OF LIKE PRODUCTS ORIGINATING IN CZECHOSLOVAKIA , THE GERMAN DEMOCRATIC REPUBLIC , HUNGARY AND POLAND , AND OF MATERIAL INJURY RESULTING THEREFROM ;   WHEREAS THE SAID EVIDENCE WAS SUFFICIENT TO JUSTIFY INITIATING AN INVESTIGATION ;   WHEREAS THE COMMISSION ACCORDINGLY ANNOUNCED , BY A NOTICE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES ( 2 ), THE INITIATION OF PROCEEDINGS CONCERNING IMPORTS OF CERTAIN FILAMENT LAMPS FOR LIGHTING EXCEEDING 28 VOLTS ORIGINATING IN CZECHOSLOVAKIA , THE GERMAN DEMOCRATIC REPUBLIC , HUNGARY AND POLAND , AND COMMENCED AN INVESTIGATION OF THE MATTER AT COMMUNITY LEVEL ;   WHEREAS THE COMMISSION OFFICIALLY SO ADVISED THE EXPORTERS AND IMPORTS KNOWN TO BE CONCERNED ;   WHEREAS THE COMMISSION HAS GIVEN THE PARTIES DIRECTLY CONCERNED THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING AND TO BE HEARD ORALLY , AND TO MEET SO THAT OPPOSING VIEWS MIGHT BE PRESENTED AND REBUTTAL ARGUMENTS PUT FORWARD ;   WHEREAS THE MAJORITY OF THE PARTIES CONCERNED HAVE TAKEN THIS OPPORTUNITY ;   WHEREAS , IN ORDER TO ARRIVE AT A PRELIMINARY DETERMINATION OF THE DUMPING MARGIN AND INJURY , THE COMMISSION CARRIED OUT INVESTIGATIONS AT THE PREMISES OF THE GREAT MAJORITY OF EXPORTERS '  AGENTS AND IMPORTERS , INCLUDING : IN BELGIUM , BELDAL SA ( BRUSSELS ), MASSIVE NV ( MORTSEL ), AND SAB TUNGSRAM  ( BRUSSELS ); IN FRANCE , NEFF ET MEYER ( STRASBOURG ) AND COFRINEC ( GENTILLY ); IN THE FEDERAL REPUBLIC OF GERMANY , AUGUST TOPFER GMBH ( HAMBURG ), TUNGSRAM GMBH ( FRANKFURT ), AND L . Q . LICHT ( HANAU ); IN IRELAND , TERRA NOVA LTD ( DUBLIN ); IN ITALY , M . METZMACHER ( MILAN ), VENETA MOTORI SNC ( PADOVA ), AND LUXELECTRON ( REGGIOLO ); AND IN THE UNITED KINGDOM , J . J . BUSTIN AND CO . ( LONDON ), SUNBEAM LAMPS AND LIGHTING LTD  ( LEEDS ), AND SIFCON INTERNATIONAL LTD ( LONDON ); WHEREAS THE COMMISSION CONTACTED A NUMBER OF OTHER AGENTS AND IMPORTERS ; WHEREAS THE COMMISSION ALSO CARRIED OUT INVESTIGATIONS AT THE PREMISES OF THE MAIN COMPLAINANT COMMUNITY PRODUCERS , VIZ . IN BELGIUM , GTE SYLVANIA NV ( ZELLIK ); IN FRANCE , THE COMPAGNIE DES LAMPES SA ( PARIS ); IN THE FEDERAL REPUBLIC OF GERMANY , OSRAM GMBH ( MUNICH ); IN IRELAND , SOLUS LTD ( BRAY ); IN ITALY , FILE SPA ( LECCO ); IN THE NETHERLANDS , NV PHILIPS GLOEILAMPENFABRIEKEN ( EINDHOVEN ) AND IN THE UNITED KINGDOM , GEC LAMPS AND LIGHTING LTD ( LONDON ) AND THORN LIGHTING LTD  ( LONDON );   WHEREAS , IN ORDER TO ESTABLISH WHETHER THE ABOVE MENTIONED IMPORTS WERE DUMPED , THE COMMISSION HAD TO TAKE INTO ACCOUNT THE FACT THAT CZECHOSLOVAKIA , THE GERMAN DEMOCRATIC REPUBLIC , HUNGARY AND POLAND ARE NOT MARKET ECONOMY COUNTRIES ;   WHEREAS , FOR THAT REASON , THE COMMISSION HAD TO BASE ITS CALCULATIONS ON THE NORMAL VALUE IN A MARKET ECONOMY COUNTRY ; WHEREAS IN THAT CONNECTION , THE COMPLAINT HAD SUGGESTED THE AUSTRIAN , FINNISH , GREEK , PORTUGUESE AND SPANISH DOMESTIC MARKETS ;   WHEREAS IN THE COURSE OF THE DISCUSSIONS WITH THE EXPORTERS CONCERNED , THE COMPARABILITY OF THE AUSTRIAN , FINNISH , GREEK AND PORTUGUESE MARKETS WAS CONTESTED BECAUSE THE GREEK AND PORTUGUESE GLS LIGHT BULB INDUSTRIES DIFFERED CONSIDERABLY IN SCALE OF PRODUCTION AND TECHNOLOGY AND BECAUSE THE PRICES OF THE AUSTRIAN AND FINNISH ELECTRIC LIGHT BULB INDUSTRIES WERE UNREPRESENTATIVE BECAUSE OF THEIR PARTICULAR MARKET SITUATION ; WHEREAS A COMPARISON WITH THE PRICE OF GLS ELECTRIC LIGHT BULBS ON THE SPANISH DOMESTIC MARKET APPEARED REASONABLE AT LEAST FOR THE PURPOSES OF A PRELIMINARY DETERMINATION OF DUMPING , SINCE THE SCALE OF PRODUCTION AND THE TECHNOLOGY ARE SIMILAR AND PRICES SEEMED TO BE REPRESENTATIVE ; WHEREAS , HOWEVER , THE POLISH AND HUNGARIAN EXPORTERS CLAIMED THAT THEIR MANUFACTURING PROCESSES , SCALE OF PRODUCTION AND TECHNOLOGY WERE MORE COMPARABLE WITH THE GLS ELECTRIC LIGHT BULB INDUSTRY IN THE UNITED STATES OF AMERICA ; WHEREAS THIS ARGUMENT WAS ACCEPTED FOR HUNGARY AND A COMPARISON WAS MADE WITH PRICES ON THE AMERICAN DOMESTIC MARKET AS FAR AS LIKE PRODUCTS EXISTED ; WHEREAS FOR POLAND THIS CLAIM SEEMED UNREASONABLE , AND A COMPARISON WAS , THEREFORE , MADE WITH SPANISH DOMESTIC MARKET PRICES ;   WHEREAS ALL PRICE COMPARISONS FOR THE PRELIMINARY ASSESSMENT OF DUMPING WERE MADE AT EX-FACTORY LEVEL FOR THE FIRST QUARTER OF 1979 , AS THE PRICES AT THE BEGINNING OF THE INVESTIGATION PERIOD WERE OUTDATED ;   WHEREAS , TO TAKE DUE ACCOUNT OF THE DIFFERENCES AFFECTING PRICE COMPARABILITY , THE MAXIMUM DISCOUNTS FOR BULK ORDERS AND CASH PAYMENT , AND SALES AND SERVICES COSTS BORNE BY THE SPANISH AND AMERICAN MANUFACTURERS , WERE DEDUCTED FROM THEIR PRICES ; WHEREAS THE SPANISH PRICES WERE ADJUSTED TO TAKE ACCOUNT OF THE IMPORT DUTIES PAID ON IMPORTS OF RAW MATERIALS ; WHEREAS ACCOUNT WAS TAKEN OF THE DIFFERENCE BETWEEN FIRST BRANDS AND SECOND BRANDS ;   WHEREAS THE ABOVE PRELIMINARY EXAMINATION OF THE FACTS SHOWS THE EXISTENCE OF DUMPING IN RESPECT OF THE IMPORTS CONSIDERED IN THE INVESTIGATION , THE DUMPING MARGIN BEING EQUAL TO THE AMOUNT BY WHICH THE NORMAL VALUE AS ESTABLISHED ABOVE EXCEEDS THE PRICE AT WHICH THE GOODS ARE EXPORTED TO THE COMMUNITY ; WHEREAS THE MARGIN VARIES DEPENDING ON THE TYPE OF BULB , THE EXPORTING COUNTRY , AND THE IMPORTING MEMBER STATE ; WHEREAS FOR STANDARD BULBS OF 25 TO 60 WATTS , WHICH ARE THE COMMONEST TYPES , THESE MARGINS FELL MOSTLY WITHIN A RANGE OF 0.016 TO 0.05 EUA PER PIECE ;   WHEREAS , WITH REGARD TO THE INJURY CAUSED TO THE COMMUNITY INDUSTRY , THE EVIDENCE AVAILABLE TO THE COMMISSION SHOWS THAT IMPORTS INTO THE COMMUNITY OF THE ELECTRIC LIGHT BULBS IN QUESTION ORIGINATING IN THE COUNTRIES COVERED BY THE INVESTIGATION ROSE FROM APPROXIMATELY 41.8 MILLION UNITS IN 1975 TO 70.4 MILLION UNITS IN 1978 , AND REACHED 32.4 MILLION UNITS IN THE FIRST SIX MONTHS OF 1979 ;   WHEREAS , IN THE ABSENCE OF SEPARATE PRODUCTION AND IMPORT FIGURES RELATING TO GLS ELECTRIC LIGHT BULBS ALONE , IT IS DIFFICULT TO GAUGE EXACTLY THE SIZE OF THE COMMUNITY MARKET FOR SUCH BULBS ; WHEREAS , NEVERTHELESS , THE BEST INFORMATION AVAILABLE SUGGESTS THAT FOR 1979 THE MARKET SHARES HELD BY IMPORTS OF GLS ELECTRIC LIGHT BULBS ORIGINATING IN THE COUNTRIES COVERED BY THE INVESTIGATION WERE 7.5 % IN THE COMMUNITY , 25 % IN BELGIUM , 17 % IN DENMARK , 4 % IN FRANCE , 10 % IN IRELAND , 15 % IN ITALY , 14 % IN THE FEDERAL REPUBLIC OF GERMANY ( EXCLUDING INTER-GERMAN TRADE ), 2 % IN THE NETHERLANDS AND 4 % IN THE UNITED KINGDOM ;   WHEREAS THE RESALE PRICES IN THE COMMUNITY OF GLS BULBS ORIGINATING IN THE COUNTRIES IN QUESTION UNDERCUT THOSE OF LIKE BULBS PRODUCED BY COMMUNITY MANUFACTURERS MOSTLY WITHIN A RANGE UP TO 50 % ;   WHEREAS THE CONSEQUENT IMPACT ON THE COMMUNITY INDUSTRY , WHOSE VOLUME OF PRODUCTION HAS BEEN ALMOST STAGNANT SINCE 1976 , IS CHARACTERIZED BY A DEPRESSION OF COMMUNITY PRICES OR PREVENTION OF PRICE INCREASES WHICH OTHERWISE WOULD HAVE OCCURRED , MAKING IT IMPOSSIBLE IN SOME INSTANCES TO COVER PRODUCTION COSTS ;   WHEREAS MOST OF THE COMMUNITY FIRMS ARE CONSEQUENTLY MAKING CONSIDERABLE LOSSES OR CONSIDERABLY REDUCED PROFITS ON THE GLS BULBS COVERED BY THE PROCEDURE AND THE PROFITABILITY OF THE GLS ELECTRIC LIGHT BULB INDUSTRY AS A WHOLE IS , THEREFORE , AT RISK ; WHEREAS , ALTHOUGH IT IS DIFFICULT TO CALCULATE EXACTLY THE NUMBERS EMPLOYED DIRECTLY IN THE MANUFACTURE OF THESE BULBS , THE BEST INFORMATION AVAILABLE SUGGESTS THAT THERE HAS BEEN A FALL FROM APPROXIMATELY 7 000 IN 1974/75 TO APPROXIMATELY 6 700 IN 1978/79 ;   WHEREAS THIS DECREASE CAN BE ATTRIBUTED NOT ONLY TO THE DUMPED IMPORTS , BUT ALSO TO INCREASED AUTOMATION ;   WHEREAS INJURIES CAUSED BY OTHER FACTORS WHICH COULD ADVERSELY AFFECT THE COMMUNITY INDUSTRY , SUCH AS THE VOLUME AND PRICES OF OTHER IMPORTS , OR STAGNATION OF DEMAND , HAVE BEEN EXAMINED , AND ANY ADVERSE EFFECTS CAUSED BY THESE FACTORS HAVE NOT BEEN ATTRIBUTED TO THE IMPORTS UNDER CONSIDERATION ;   WHEREAS , IN VIEW OF THE FOREGOING , THE PRELIMINARY EXAMINATION OF THE FACTS SHOWS THAT DUMPING EXISTS , AND THAT THERE IS SUFFICIENT EVIDENCE OF CONSEQUENT INJURY ;   WHEREAS THE COMMISSION , AFTER HAVING EXAMINED THE COMMUNITY PRODUCERS '  AND IMPORTERS '  PRICES , COSTS , PROFITABILITY AND MARKETING CONDITIONS , HAS DETERMINED THE IMPORT PRICES NECESSARY TO ELIMINATE THE INJURY CAUSED ;   WHEREAS THE EXPORTERS AND AGENTS CONCERNED WERE INFORMED OF THE MAIN FINDINGS OF THE PRELIMINARY INVESTIGATION AND COMMENTED ON THEM ; WHEREAS UNDERTAKINGS WERE CONSEQUENTLY OFFERED CONCERNING IMPORTS FROM CZECHOSLOVAKIA , ( KOVO FOREIGN TRADE CORPORATION , PRAGUE ), THE GERMAN DEMOCRATIC REPUBLIC ( HEIM-ELECTRIC VOLKSEIGENER AUSSENHANDELSBETRIEB , BERLIN ), HUNGARY ( TUNGSRAM UNITED INCANDESCENT LAMP AND ELECTRICAL CO ., BUDAPEST ), AND POLAND ( UNITRA FOREIGN TRADE COMPANY , WARSAW );   WHEREAS THE EFFECT OF THE SAID UNDERTAKINGS WILL BE TO INCREASE IMPORT PRICES INTO THE COMMUNITY TO A LEVEL NECESSARY TO ELIMINATE INJURY ; WHEREAS THE SAID INCREASES TAKE ACCOUNT NOT ONLY OF THE DIFFERENCES NOTED IN THE COURSE OF INVESTIGATIONS BETWEEN THE PRICES CHARGED BY THE VARIOUS EXPORTING COUNTRIES , BUT ALSO OF THE PARTICULAR SITUATION OF THE INDUSTRY IN THE DIFFERENT MEMBER STATES ; WHEREAS THESE INCREASES IN NO CASE EXCEED THE DUMPING MARGIN AND ARE GENERALLY BELOW THIS LEVEL ;   WHEREAS THE COMMISSION HAS , THEREFORE , DETERMINED THAT IT IS NOT NOW NECESSARY TO TAKE PROTECTIVE ACTION IN RESPECT OF IMPORTS FROM COUNTRIES HAVING ENTERED INTO SUCH UNDERTAKINGS ;   WHEREAS THE COMMISSION WILL ENSURE THAT THE UNDERTAKINGS ARE STRICTLY COMPLIED WITH , IN PARTICULAR BY CARRYING OUT PERIODICALLY THE NECESSARY CHECKS AND INSPECTIONS ;   WHEREAS THE DECISION TO ACCEPT THESE UNDERTAKINGS MAY BE RECONSIDERED SHOULD THE COMMISSION DISCOVER THAT THEY ARE FAILING TO ELIMINATE THE INJURY ;   WHEREAS IN THESE CIRCUMSTANCES , THE UNDERTAKINGS OFFERED ARE CONSIDERED ACCEPTABLE AND THE PROCEEDINGS MAY THEREFORE BE TERMINATED WITHOUT IMPOSITION OF ANTI-DUMPING DUTIES ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE COMMISSION HEREBY ACCEPTS THE UNDERTAKINGS GIVEN IN CONNECTION WITH THE ANTI-DUMPING PROCEEDINGS CONCERNING FILAMENT LAMPS FOR LIGHTING EXCEEDING 28 VOLTS ( 1 ), ORIGINATING IN CZECHOSLOVAKIA , THE GERMAN DEMOCRATIC REPUBLIC , HUNGARY AND POLAND .   ARTICLE 2   THE ANTI-DUMPING PROCEEDINGS CONCERNING IMPORTS OF FILAMENT LAMPS FOR LIGHTING EXCEEDING 28 VOLTS , ORIGINATING IN CZECHOSLOVAKIA , THE GERMAN DEMOCRATIC REPUBLIC , HUNGARY AND POLAND ARE HEREBY TERMINATED .   DONE AT BRUSSELS , 10 APRIL 1980 .   FOR THE COMMISSION   ETIENNE DAVIGNON   MEMBER OF THE COMMISSION


Avis juridique important

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31979D0965

79/965/EEC, Euratom: Council Decision of 12 November 1979 appointing two members of the Economic and Social Committee

Official Journal L 293 , 20/11/1979 P. 0014 - 0014

****  COUNCIL DECISION   OF 12 NOVEMBER 1979   APPOINTING TWO MEMBERS OF THE ECONOMIC AND SOCIAL COMMITTEE  ( 79/965/EEC , EURATOM )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 193 TO 195 THEREOF ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLES 165 TO 167 THEREOF ,   HAVING REGARD TO THE CONVENTION ON CERTAIN INSTITUTIONS COMMON TO THE EUROPEAN COMMUNITIES , AND IN PARTICULAR ARTICLE 5 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 19 SEPTEMBER 1978 APPOINTING THE MEMBERS OF THE ECONOMIC AND SOCIAL COMMITTEE FOR THE PERIOD ENDING ON 18 SEPTEMBER 1982 ,   WHEREAS TWO SEATS HAVE BECOME VACANT ON THE ECONOMIC AND SOCIAL COMMITTEE FOLLOWING THE RESIGNATIONS OF MR JENKINS AND MR DE FERRANTI , WHICH WERE NOTIFIED TO THE COUNCIL ON 15 MAY 1979 AND 2 JULY 1979 RESPECTIVELY ;   HAVING REGARD TO THE NOMINATIONS SUBMITTED ON 5 NOVEMBER 1979 ,   HAVING OBTAINED THE OPINION OF THE COMMISSION OF THE EUROPEAN COMMUNITIES ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR MICHAEL T . WALSH AND MR MICHAEL HICKS-BEACH ARE HEREBY APPOINTED MEMBERS OF THE ECONOMIC AND SOCIAL COMMITTEE IN PLACE OF MR JENKINS AND MR DE FERRANTI FOR THE REMAINDER OF THEIR TERM OF OFFICE , WHICH RUNS UNTIL 18 SEPTEMBER 1982 .   DONE AT BRUSSELS , 12 NOVEMBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   J . GIBBONS


title: Council Decision (EU) 2016/954 of 9 June 2016 authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships

text:
               16.6.2016

               EN

               Official Journal of the European Union

               L 159/16

         COUNCIL DECISION (EU) 2016/954
   of 9 June 2016
   authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 329(1) thereof,
   Having regard to the requests made by the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Grand Duchy of Luxembourg, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Slovenia, the Republic of Finland and the Kingdom of Sweden,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               The Union has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured. For the progressive establishment of such an area, the Union is to adopt measures relating to judicial cooperation in civil matters with cross-border implications.

               (2)

               Pursuant to Article 81 of the Treaty on the Functioning of European Union (TFEU), those measures are to include promoting the compatibility of the rules applicable in the Member States concerning conflict of laws, including measures concerning family law with cross-border implications.

               (3)

               On 16 March 2011, the Commission adopted a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes, and a proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships.

               (4)

               At its meeting of 3 December 2015 the Council concluded that it would not be possible to reach an agreement within a reasonable period by the Union as a whole for the adoption of the regulations.

               (5)

               In these circumstances, Malta, Croatia and Belgium subsequently addressed requests to the Commission by letters dated 14 December 2015, 15 December 2015 and 17 December 2015 respectively, and Germany, Greece, Spain, France, Italy, Luxembourg, Portugal, Slovenia and Sweden by letters dated 18 December 2015, indicating that they wished to establish enhanced cooperation between themselves in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes and the property consequences of registered partnerships and that the Commission should submit a proposal to the Council to that end. The Czech Republic, the Netherlands, Bulgaria, Austria and Finland addressed the same requests to the Commission by letters dated 28 January 2016, 2 February 2016, 9 February 2016, 16 February 2016 and 26 February respectively. By letter to the Commission dated 18 March 2016, Cyprus indicated its wish to participate in the establishment of the enhanced cooperation; Cyprus reiterated this wish during the work of the Council. In total, 18 Member States have requested such enhanced cooperation.

               (6)

               The enhanced cooperation should provide a clear and comprehensive legal framework in the area of the property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, in the participating Member States, ensure adequate solutions for citizens in terms of legal certainty, predictability and flexibility, and facilitate the circulation of decisions and authentic instruments between the participating Member States.

               (7)

               In accordance with the Member States' requests for the establishment of enhanced cooperation, two substantive acts should implement enhanced cooperation, one concerning matrimonial property regimes and the other concerning the property consequences of registered partnerships. In order to cover the entire scope of enhanced cooperation in the area of the property regimes of international couples and to ensure non-discrimination of citizens, the two substantive implementing acts should be adopted simultaneously.

               (8)

               The conditions laid down in Article 20 of the Treaty on European Union (TEU) and in Articles 326 to 329 TFEU are fulfilled.

               (9)

               The relevant area of the enhanced cooperation, namely jurisdiction, applicable law and the recognition and enforcement of decisions in the matter of property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, is identified by points (a) and (c) of Article 81(2) and (3) TFEU as one of the areas covered by the Treaties. This is not an area of exclusive competence of the Union.

               (10)

               The requirement of last resort in Article 20(2) TEU is fulfilled in that the Council concluded on 3 December 2015 that the objectives of the proposed regulations could not be attained within a reasonable period by the Union as a whole.

               (11)

               Enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in the matter of property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, aims to develop judicial cooperation in civil matters having cross-border implications based on the principle of mutual recognition of judgments, and to ensure the compatibility of the rules applicable in the Member States concerning conflict of laws. Thus, it furthers the objectives of the Union, protects its interests and reinforces its integration process as required by Article 20(1) TEU.

               (12)

               Enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in the matter of property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, complies with the Treaties and Union law, and it does not undermine the internal market or economic, social and territorial cohesion. It does not constitute a barrier to or discrimination in trade between Member States and does not distort competition between them.

               (13)

               In particular, enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in the matter of property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, complies with Union law on judicial cooperation in civil matters, in that enhanced cooperation does not affect the acquis in this area.

               (14)

               Enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in the matter of property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, respects the competences, rights and obligations of those Member States that do not participate in it. The common rules on jurisdiction, conflict of laws and recognition and enforcement in the participating Member States do not affect the rules of the non-participating Member States. The courts of the non-participating Member States will continue to apply their existing domestic rules to determine the jurisdiction and applicable law and to the recognition and enforcement of decisions in the matter of property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships.

               (15)

               This Decision respects the principles enshrined in the Charter of Fundamental Rights of the European Union, in particular those in Articles 9 and 21 thereof.

               (16)

               Enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in the matter of property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, is open, at any time, to all Member States, in accordance with Article 328 TFEU,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Grand Duchy of Luxembourg, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Slovenia, the Republic of Finland and the Kingdom of Sweden are hereby authorised to establish enhanced cooperation between themselves in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in the matter of property regimes of international couples, covering both matrimonial property regimes and the property consequences of registered partnerships, by applying the relevant provisions of the Treaties.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 9 June 2016.

            For the Council

            The President

         G.A. VAN DER STEUR

      (1)  Consent of 7 June 2016 (not yet published in the Official Journal).