title: Political and Security Committee Decision (CFSP) 2016/2380 of 13 December 2016 extending the mandate of the Head of Mission of the European Union Monitoring Mission in Georgia (EUMM Georgia) (EUMM GEORGIA/1/2016)

text:
               23.12.2016

               EN

               Official Journal of the European Union

               L 352/57

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2016/2380
   of 13 December 2016
   extending the mandate of the Head of Mission of the European Union Monitoring Mission in Georgia (EUMM Georgia) (EUMM GEORGIA/1/2016)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2010/452/CFSP of 12 August 2010 on the European Union Monitoring Mission in Georgia, EUMM Georgia (1), and in particular Article 10(1) thereof,
   Whereas:

               (1)

               Pursuant to Decision 2010/452/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with the third paragraph of Article 38 of the Treaty, to take the relevant decisions concerning the political control and strategic direction of the European Union Monitoring Mission in Georgia (EUMM Georgia), including the decision to appoint a Head of Mission.

               (2)

               On 19 December 2014, the PSC adopted Decision EUMM GEORGIA/1/2014 (2), appointing Mr Kęstutis JANKAUSKAS as Head of Mission of EUMM Georgia from 15 December 2014 to 14 December 2015.

               (3)

               On 13 November 2015, the PSC adopted Decision (CFSP) 2015/2200 (EUMM GEORGIA/1/2015) (3), extending the mandate of Mr Kęstutis JANKAUSKAS as Head of Mission of EUMM Georgia from 15 December 2015 to 14 December 2016.

               (4)

               On 12 December 2016, the Council adopted Decision (CFSP) 2016/2238 (4), extending the mandate of EUMM Georgia from 15 December 2016 to 14 December 2018.

               (5)

               The High Representative of the Union for Foreign Affairs and Security Policy has proposed to extend the mandate of Mr Kęstutis JANKAUSKAS as Head of Mission of EUMM Georgia from 15 December 2016 to 14 December 2017,

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Mr Kęstutis JANKAUSKAS as Head of Mission of EUMM Georgia is hereby extended until 14 December 2017.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 13 December 2016.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 213, 13.8.2010, p. 43.

      (2)  Political and Security Committee Decision EUMM GEORGIA/1/2014 of 19 December 2014 on the appointment of the Head of the European Union Monitoring Mission in Georgia (EUMM Georgia) (OJ L 369, 24.12.2014, p. 78).

      (3)  Political and Security Committee Decision (CFSP) 2015/2200 of 13 November 2015 extending the mandate of the Head of Mission of the European Union Monitoring Mission in Georgia (EUMM Georgia) (EUMM GEORGIA/1/2015) (OJ L 313, 28.11.2015, p. 40).

      (4)  Council Decision (CFSP) 2016/2238 of 12 December 2016 amending Decision 2010/452/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia (OJ L 337, 13.12.2016, p. 15).


Avis juridique important

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31980D1048

80/1048/EEC: Council Decision of 11 November 1980 appointing members and alternate members of the Committee of the European Social Fund

Official Journal L 307 , 18/11/1980 P. 0042

****( 1 ) OJ NO L 249 , 10 . 11 . 1971 , P . 54 .  ( 2 ) OJ NO 56 , 31 . 8 . 1960 , P . 1201/60 .  ( 3 ) OJ NO L 91 , 12 . 4 . 1968 , P . 25 .    COUNCIL DECISION   OF 11 NOVEMBER 1980   APPOINTING MEMBERS AND ALTERNATE MEMBERS OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND  ( 80/1048/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO REGULATION ( EEC ) NO 2396/71 OF 8 NOVEMBER 1971 CONCERNING THE EUROPEAN SOCIAL FUND ( 1 ),   HAVING REGARD TO THE RULES OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND ( 2 ), AS AMENDED BY THE COUNCIL DECISION OF 9 APRIL 1968 ( 3 ), AND IN PARTICULAR ARTICLE 7 THEREOF ,   WHEREAS THE TERM OF OFFICE OF THE MEMBERS AND ALTERNATE MEMBERS OF THE AFOREMENTIONED COMMITTEE , WHO WERE APPOINTED BY THE COUNCIL DECISION OF 17 APRIL 1978 , EXPIRED ON 16 APRIL 1980 ;   WHEREAS DENMARK WILL PROPOSE A CANDIDATE LATER FOR FULL MEMBERSHIP IN THE WORKERS '  CATEGORY ;   HAVING REGARD TO THE CANDIDATES PROPOSED TO THE COUNCIL ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE FOLLOWING HAVE BEEN APPOINTED MEMBERS AND ALTERNATE MEMBERS OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND FOR THE PERIOD FROM 10 NOVEMBER 1980 TO 9 NOVEMBER 1982 :    1 . GOVERNMENT REPRESENTATIVES    //  //  ( A ) MEMBERS //  //  ( B ) ALTERNATE MEMBERS // BELGIUM //  MR J . DENYS //  MR A . ANDRE //  MR P . CHEVREMONT // DENMARK //  MR H . BOSERUP //  MRS B . KONDRUP //  MR M . FENGER // GERMANY //  DR R . MILLER //  DR S . SCHUMM //  DR G . FAUST // FRANCE //  MR J . P . MINGASSON //  MR J . C . SOMMAIRE //  MR M . RAMOND // IRELAND //  MR P . LEONARD //  MR J . A . AGNEW //  MR J . SWEENEY // ITALY //  MR G . MIGLIUOLO //  MR A . GALLO //  DR DE ANGELIS // LUXEMBOURG //  MR R . SCHINTGEN //  MR Y . MERSCH //  MR A . SCHROEDER // NETHERLANDS //  MR W . A . RENARDEL DE LAVALETTE //  MR P . HOOGLAND //  MR J . W . S . PABON // UNITED KINGDOM //  MR W . R . B . ROBINSON //  MR I . A . W . FAIR //  MR G . R . WILSON //   2 . REPRESENTATIVES OF EMPLOYERS '  ORGANIZATIONS    //  //  ( A ) MEMBERS //  //  ( B ) ALTERNATE MEMBERS // BELGIUM //  MR D . DE NORRE //  MR R . DUSSENNE //  MR G . OTTENBOURGHS // DENMARK //  MR H . S . CHRISTENSEN //  MRS B . JOHANSEN //  MR N . J . HANSEN // GERMANY //  DR M . HAUSHOFER //  DR W . D . LINDNER //  MR R . EBERT // FRANCE //  MR J . F . RETOURNARD //  MR B . CARON //  MR C . AMIS // IRELAND //  MR J . DAVIS //  MR C . POWER //  MR D . MACNAMARA // ITALY //  DOTT . C . POLITI //  AVV . G . CAPECCHI //  MRS M . I . I . DELLA MOTTA // LUXEMBOURG //  MR L . JUNG //  MR A . ROBERT //  MR M . SAUBER // NETHERLANDS //  MRS C . HAK //  MR J . S . H . HUIJBEN //  MRS G . A . DE LANGE // UNITED KINGDOM //  MR M . MORTON //  MR M . F . DOWNING //  MR J . SCATES //   3 . REPRESENTATIVES OF WORKERS '  ORGANIZATIONS    //  //  ( A ) MEMBERS //  //  ( B ) ALTERNATE MEMBERS // BELGIUM //  MR J . M . VANDERMEEREN //  MR R . VAN DEPOELE //  MR A . COLLE // DENMARK //  . . . . . . . . . . //  MR P . NIELSEN //  MR H . HINRICH // GERMANY //  DR U . ENGELEN-KEFER //  MR F . KEMPF //  MR H . H . RUBBERT // FRANCE //  MR J . TESSIER //  MR B . DIZIER //  MR A . FAESCH // IRELAND //  MR P . CARDIFF //  MR D . NEVIN //  MR D . MURPHY // ITALY //  MR A . MINIUTTI //  PROF . P . CRAVERI //  MR E . VERCELLINO // LUXEMBOURG //  MR J . CASTEGNARO //  MR H . DUNKEL //  MR R . MERTEN // NETHERLANDS //  MR C . N . M . COMMANDEUR //  MR D . H . GRASMAN //  MR H . WEGGELAAR // UNITED KINGDOM //  MR W . H . KEYS //  MR K . GRAHAM //  MR F . A . BAKER //    ARTICLE 2   THE COUNCIL WILL AT A LATER STAGE APPOINT A FULL MEMBER TO FILL THE SEAT ALLOTTED TO A DANISH NATIONAL .   DONE AT BRUSSELS , 11 NOVEMBER 1980 .   FOR THE COUNCIL   THE PRESIDENT   C . NEY


Avis juridique important

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31979D0785

79/785/EEC: Council Decision of 11 September 1979 adopting an energy research and development programme 1979 to 1983

Official Journal L 231 , 13/09/1979 P. 0030 - 0033 Greek special edition: Chapter 16 Volume 1 P. 0063

****( 1 ) OJ NO C 228 , 26 . 9 . 1978 , P . 4 .  ( 2 ) OJ NO C 39 , 12 . 2 . 1979 , P . 57 .  ( 3 ) OJ NO C 133 , 28 . 5 . 1979 , P . 21 .  ( 4 ) OJ NO L 231 , 2 . 9 . 1975 , P . 1 .  ( 5 ) OJ NO L 158 , 16 . 6 . 1978 , P . 3 .  ( 6 ) OJ NO L 158 , 16 . 6 . 1978 , P . 6 .  ( 7 ) OJ NO C 153 , 9 . 7 . 1975 , P . 2 .  ( 8 ) OJ NO C 7 , 29 . 1 . 1974 , P . 6 .  ( 9 ) OJ NO L 356 , 31 . 12 . 1977 , P . 1 .  ( 1 ) OJ NO C 192 , 11 . 8 . 1977 , P . 1 .  ( 2 ) OJ NO L 255 , 20 . 9 . 1974 , P . 1 .    COUNCIL DECISION   OF 11 SEPTEMBER 1979   ADOPTING AN ENERGY RESEARCH AND DEVELOPMENT PROGRAMME 1979 TO 1983  ( 79/785/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 ),   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 2 ),   HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ),   WHEREAS ARTICLE 2 OF THE TREATY ASSIGNS TO THE COMMUNITY INTER ALIA THE TASK OF PROMOTING THROUGHOUT THE COMMUNITY A HARMONIOUS DEVELOPMENT OF ECONOMIC ACTIVITIES , A CONTINUOUS AND BALANCED EXPANSION AND AN ACCELERATED RAISING OF THE STANDARD OF LIVING ; WHEREAS ARTICLE 3 OF THE TREATY SETS OUT THE ACTIVITIES OF THE COMMUNITY TO THESE ENDS ;   WHEREAS ENERGY RESEARCH AND DEVELOPMENT IS AN IMPORTANT FACTOR IN ACHIEVING THESE OBJECTIVES ;   WHEREAS THE ENERGY RESEARCH AND DEVELOPMENT PROGRAMME ADOPTED BY DECISION 75/510/EEC ( 4 ) HAS LED TO POSITIVE RESULTS AND HAS OPENED PROMISING PERSPECTIVES FOR THE OBJECTIVES STUDIED ;   WHEREAS THE RESEARCH AND DEVELOPMENT ACTIVITIES WHICH FORM THE SUBJECT OF THE PRESENT DECISION THEREFORE SEEM NECESSARY AND CONSTITUTE AN ADEQUATE MEANS FOR PROLONGING ACTIVITIES ALREADY UNDER WAY WITH A VIEW TO ATTAINING CERTAIN COMMUNITY OBJECTIVES IN THE COURSE OF THE OPERATION OF THE COMMON MARKET ;   WHEREAS THE COUNCIL HAS ADOPTED REGULATIONS ( EEC ) NO 1302/78 ( 5 ) AND ( EEC ) NO 1303/78 ( 6 ) ON THE GRANTING OF FINANCIAL SUPPORT FOR PROJECTS TO EXPLOIT ALTERNATIVE ENERGY SOURCES AND FOR DEMONSTRATION PROJECTS IN THE FIELD OF ENERGY SAVING ;   WHEREAS SUCH A SUPPORT WOULD ONLY BE GIVEN TO PROJECTS WHOSE INDUSTRIAL AND COMMERCIAL VIABILITY HAD ALREADY BEEN SHOWN BY PREVIOUS STUDIES AND RESEARCH ;   WHEREAS THE COUNCIL ADOPTED THE RESOLUTION CONCERNING COMMUNITY ENERGY POLICY OBJECTIVES FOR 1985 ON 17 DECEMBER 1974 ( 7 );   WHEREAS THE COUNCIL ADOPTED A RESOLUTION ON AN INITIAL OUTLINE PROGRAMME OF THE EUROPEAN COMMUNITIES IN THE FIELD OF SCIENCE AND TECHNOLOGY ON 14 JANUARY 1974 ( 8 );   WHEREAS THE SCIENTIFIC AND TECHNICAL RESEARCH COMMITTEE  ( CREST ) EXPRESSED ITS OPINION ;   WHEREAS THE TREATY HAS NOT PROVIDED THE SPECIFIC POWERS NECESSARY FOR THESE PURPOSES ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   AN ENERGY RESEARCH AND DEVELOPMENT PROGRAMME FOR THE EUROPEAN ECONOMIC COMMUNITY IS HEREBY ADOPTED IN THE FORM SET OUT IN THE ANNEX HERETO FOR A FOUR-YEAR PERIOD STARTING ON 1 JULY 1979 .   ARTICLE 2   1 .  THE APPROPRIATIONS NECESSARY FOR THE IMPLEMENTATION OF THE PROGRAMME , THE AMOUNT OF WHICH SHALL BE FIXED AT 105 MILLION EUROPEAN UNITS OF ACCOUNT , INCLUDING A COMPLEMENT OF 34 STAFF , SHALL BE ENTERED IN THE BUDGET OF THE EUROPEAN COMMUNITIES . THE EUROPEAN UNIT OF ACCOUNT IS DEFINED IN ARTICLE 10 OF THE FINANCIAL REGULATION OF 21 DECEMBER 1977 APPLICABLE TO THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES  ( 9 ).   2 .  IN THE LIGHT OF EXPERIENCE GAINED IN THE COURSE OF THE EXECUTION OF THIS PROGRAMME AND SUBJECT TO THE PRIOR OPINION OF THE SCIENTIFIC AND TECHNICAL COMMITTEE ( CREST ) AND OF THE COMPETENT ADVISORY COMMITTEES ON PROGRAMME MANAGEMENT , THE COMMISSION SHALL BE AUTHORIZED TO TRANSFER FUNDS FROM ONE SUBPROGRAMME TO ANOTHER PROVIDED THAT SUCH FUND TRANSFERS DO NOT RESULT IN AN INCREASE OR A REDUCTION OF MORE THAN 10 % OF THE ORIGINAL ALLOCATION TO EACH SUBPROGRAMME AS DEFINED IN THE ANNEX .   ARTICLE 3   THE COMMISSION SHALL BE RESPONSIBLE FOR THE IMPLEMENTATION OF THE PROGRAMME AND SHALL BE ASSISTED BY ADVISORY COMMITTEES ON PROGRAMME MANAGEMENT SET UP FOR THIS PURPOSE AND GOVERNED BY THE RULES LAID DOWN IN THE COUNCIL RESOLUTION OF 18 JULY 1977 ( 1 ) AND SHALL KEEP THE SCIENTIFIC AND TECHNICAL RESEARCH COMMITTEE ( CREST ) INFORMED .   ARTICLE 4   IN 1981 THE PROGRAMME SHALL BE REVIEWED , PARTICULARLY WITH REGARD TO PRIORITIES , AND POSSIBLY REVISED IN ACCORDANCE WITH THE APPROPRIATE PROCEDURE AND AFTER CONSULTATION OF THE ADVISORY COMMITTEES ON PROGRAMME MANAGEMENT AND OF THE SCIENTIFIC AND TECHNICAL RESEARCH COMMITTEE ( CREST ). THIS REVISION SHALL ALSO TAKE INTO ACCOUNT THE FINAL EVALUATION OF THE FIRST ENERGY RESEARCH AND DEVELOPMENT PROGRAMME AS WELL AS THE DEMONSTRATION PROJECTS .   A REPORT ON THIS REVIEW AND ON THE POSSIBLE REVISION SHALL BE DRAWN UP FOR THE EUROPEAN PARLIAMENT AND THE COUNCIL .   ARTICLE 5   THE INFORMATION RESULTING FROM THE IMPLEMENTATION OF THE PROGRAMME DEFINED IN THE ANNEX SHALL BE DISSEMINATED IN ACCORDANCE WITH COUNCIL REGULATION ( EEC ) NO 2380/74 OF 17 SEPTEMBER 1974 ADOPTING PROVISIONS , FOR THE DISSEMINATION OF INFORMATION , RELATING TO RESEARCH PROGRAMMES FOR THE EUROPEAN ECONOMIC COMMUNITY ( 2 ).   DONE AT BRUSSELS , 11 SEPTEMBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   R . MC SHARRY ****    ANNEX   INDIRECT ACTION   ENERGY RESEARCH AND DEVELOPMENT PROGRAMME   THE PROGRAMME COMPRISES THE FOLLOWING SUBPROGRAMMES :   1 . ENERGY CONSERVATION   AN EXPENDITURE OF 27 MILLION EUROPEAN UNITS OF ACCOUNT IS ALLOCATED TO THIS SUBPROGRAMME .   IT COVERS THE FOLLOWING SECTORS :   //  SECTOR A : //  RESIDENTIAL AND COMMERCIAL APPLICATIONS , // SECTOR B : //  INDUSTRY , // SECTOR C : //  TRANSPORT , // SECTOR D : //  ENERGY TRANSFORMATION , // SECTOR E : //  ENERGY STORAGE . //   THIS WORK WILL BE CARRIED OUT UNDER CONTRACT .   2 . PRODUCTION AND UTILIZATION OF HYDROGEN   AN EXPENDITURE OF EIGHT MILLION EUROPEAN UNITS OF ACCOUNT IS ALLOCATED TO THIS SUBPROGRAMME .   IT COMPRISES THE FOLLOWING PROJECTS :   //  PROJECT A : //  THERMOCHEMICAL PRODUCTION OF HYDROGEN , // PROJECT B : //  ELECTROLYTIC PRODUCTION OF HYDROGEN , // PROJECT C : //  TRANSPORTATION , STORAGE AND UTILIZATION OF HYDROGEN . //   THIS WORK WILL BE CARRIED OUT UNDER CONTRACT .   3 . SOLAR ENERGY   AN EXPENDITURE OF 46 MILLION EUROPEAN UNITS OF ACCOUNT IS ALLOCATED TO THIS SUBPROGRAMME .   IT COMPRISES THE FOLLOWING PROJECTS :   //  PROJECT A : //  SOLAR-ENERGY APPLICATIONS TO DWELLINGS , // PROJECT B : //  THERMOMECHANICAL SOLAR-POWER PLANTS , // PROJECT C : //  PHOTOVOLTAIC-POWER GENERATION , // PROJECT D : //  PHOTOCHEMICAL , PHOTOELECTROCHEMICAL AND PHOTOBIOLOGICAL PROCESSES , // PROJECT E : //  ENERGY FROM BIOMASS , // PROJECT F : //  SOLAR-RADIATION DATA , // PROJECT G : //  WIND ENERGY , // PROJECT H : //  SOLAR ENERGY IN AGRICULTURE AND INDUSTRY . //   THIS WORK WILL BE CARRIED OUT UNDER CONTRACT .   4 . GEOTHERMAL ENERGY   AN EXPENDITURE OF 18 MILLION EUROPEAN UNITS OF ACCOUNT IS ALLOCATED TO THIS SUBPROGRAMME .   IT COMPRISES THE FOLLOWING PROJECTS :   //  PROJECT A : //  INTEGRATED GEOLOGICAL , GEOPHYSICAL AND GEOCHEMICAL INVESTIGATIONS IN SELECTED AREAS , // PROJECT B : //  SUBSURFACE PROBLEMS OF NATURAL HYDROTHERMAL RESOURCES , // PROJECT C : //  SURFACE PROBLEMS RELATED TO THE USE OF HYDROTHERMAL RESOURCES , // PROJECT D : //  HOT DRY ROCKS . //   THIS WORK WILL BE CARRIED OUT UNDER CONTRACT .   5 . ENERGY SYSTEMS ANALYSIS AND STRATEGY STUDIES   AN EXPENDITURE OF SIX MILLION EUROPEAN UNITS OF ACCOUNT IS ALLOCATED TO THIS SUBPROGRAMME .   IT COMPRISES THE FOLLOWING ACTIONS :   //  ACTION 1 : //  IMPROVEMENT AND FURTHER DEVELOPMENT OF THE MEDIUM AND LONG TERM COMMUNITY ENERGY MODELS , // ACTION 2 : //  DEVELOPMENT OF NEW CONCEPTS FOR ENERGY SYSTEMS ' REPRESENTATIONS , // ACTION 3 : //  DEVELOPMENT OF NEW MEANS FOR BETTER COMMUNICATION BETWEEN MODEL BUILDERS AND MODEL USERS , // ACTION 4 : //  WORLD ENERGY MODELLING . //   THIS WORK WILL BE CARRIED OUT UNDER CONTRACT .


title: Decision (EU) 2017/1622 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section VI — European Economic and Social Committee

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/129

         DECISION (EU) 2017/1622 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the general budget of the European Union for the financial year 2015, Section VI — European Economic and Social Committee
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2015 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2015 (COM(2016) 475 — C8-0274/2016) (2),

               —

               having regard to the Court of Auditors' annual report on the implementation of the budget concerning the financial year 2015, together with the institutions' replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Articles 55, 99, 164, 165 and 166 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0144/2017),

               1.

               Grants the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the budget of the European Economic and Social Committee for the financial year 2015;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 69, 13.3.2015.

      (2)  OJ C 380, 14.10.2016, p. 1.

      (3)  OJ C 375, 13.10.2016, p. 1.

      (4)  OJ C 380, 14.10.2016, p. 147.

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


title: Council Decision of 25 August 1975 amending Decision No 73/180/EEC adopting a European Economic Community research programme for the protection of the environment (indirect project)

text:
2 . 9 . 75                              Official Journal of the European Communities                              No L 231 /27
                                                    COUNCIL DECISION
                                                      of 25 August 1975
             amending Decision No 73/180/EEC adopting a European Economic Community research
                          programme for the protection of the environment (indirect project)
                                                         (75/518/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                                   Article 2
                                                                   Article 2 of Decision No 73 / 180/EEC shall be re
                                                                   placed by the following, with effect from 1 May 1974 :
Having regard to the Treaty establishing the Euro
pean Economic Community, and in particular Article                     'The upper limit for expenditure commitments
235 thereof;                                                           and staff necessary for carrying out this pro
                                                                       gramme shall be 6-300 million units of account
Having regard to the proposal from the Commission ;                    and eight staff.
                                                                       The unit of account is defined in Article 10 of
Having regard to the Opinion of the European                           the Financial Regulation of 25 April 1973 (3) ap
Parliament (*);                                                        plicable to the general budget of the European
                                                                       Communities .'
Whereas Council Decision No 73/ 180/EEC (2) of
 18 June 1973 adopting a research programme for the                                         Article 3
European Economic Community on the protection                      Article 4 of Decision No 73 / 180/EEC shall be re
of the environment (indirect project), was adopted in
                                                                   placed by the following, with effect from 1 May 1974 :
accordance with Article 235 of the Treaty ;
                                                                       'The programme set out in the Annex shall be
Whereas Article 4 of the abovementioned Decision                       subject to annual review in accordance with the
provides for a review of this programme ;                              appropriate procedures.'
                                                                                Article 4
Whereas it therefore seems appropriate to review this
programme ;                                                        Article 5 of Decision No 73 / 180/EEC shall be re
                                                                   placed by the following, with effect from 1 May 1974 :
Whereas the Treaty makes no provision for the                          'The information resulting from the implemen
powers required for these purposes,                                    tation of the programme defined in the Annex
                                                                       shall be disseminated in accordance with Council
                                                                       Regulation (EEC) No 2380/74 (4) of 17 September
HAS DECIDED AS FOLLOWS :
                                                                       1974 adopting provisions for the dissemination of
                                                                       information relating to research programmes for
                                                                       the European Economic Community.'
                           Article 1
                                                                   Done at Brussels, 25 August 1975 .
The Annex to Decision No 73/ 180/EEC shall, with                                                          For the Council
effect from 1 May 1974, be replaced by the Annex to
this Decision . The Annex shall form an integral part                                                      The President
of this Decision .                                                                                M. RUMOR
(*) OJ No C 93 , 7 . 8 . 1974 , p. 85 .                            (3) OJ No L 116, 1 . 5 . 1973 , p. 1 .
(2) OJ No L 189, 11 . 7. 1973 , p. 43 .                            (4) OJ No L 255 , 20. 9. 1974, p. 1 .
 ---pagebreak--- No L 231 /28                           Official Journal of the European Communities                     2 . 9 . 75
                                                            ANNEX
                                                     INDIRECT ACTIONS
                                                 NON-NUCLEAR PROJECTS
                                          PROTECTION OF THE ENVIRONMENT
                                                POLLUTION AND NUISANCES
             Joint programme
             A maximum amount of 6-300 million units of account and a staff of eight shall be allocated
             to this objective.
             The objective shall deal with the following subjects :
             (a) setting up a data bank on chemical products likely to contaminate the environment;
             ( b ) harmful effects of lead ;
             (c) epidemiological surveys of the effects of air and water pollution ;
             (d) effects of micro-pollutants on man ;
             (e) assessment of the ecological effects of water pollutants ;
             (f)    teledetection of atmospheric pollution.
             Surveys and laboratory work will be carried out under contract.


title: Council Decision of 12 December 2014 adopting the Council’s position on draft amending budget No 6 of the European Union for the financial year 2014

text:
               20.12.2014

               EN

               Official Journal of the European Union

               C 461/18

         COUNCIL DECISION
   of 12 December 2014
   adopting the Council’s position on draft amending budget No 6 of the European Union for the financial year 2014
   (2014/C 461/10)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,
   Whereas:

               —

               the Union’s budget for the financial year 2014 was definitively adopted on 20 November 2013 (2),

               —

               on 17 October 2014, the Commission submitted a proposal containing draft amending budget No 6 to the general budget for the financial year 2014,

               —

               on 4 December 2014, the Commission submitted a proposal containing a letter of amendment to draft amending budget No 6 to the general budget for the financial year 2014,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council’s position on draft amending budget No 6 of the European Union for the financial year 2014, as modified by its letter of amendment, was adopted on 12 December 2014.
   The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

      Done at Brussels, 12 December 2014.

            For the Council

            The President

         S. GIANNINI

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

      (2)  OJ L 51, 20.2.2014, p. 1, with corrigenda in OJ L 111, 15.4.2014, p. 96, OJ L 124, 25.4.2014, p. 30 and OJ L 322, 7.11.2014, p. 1.


title: Political and Security Committee Decision (CFSP) 2017/681 of 29 March 2017 on the appointment of the EU Force Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) and repealing Decision (CFSP) 2016/1079 (EUNAVFOR MED/1/2017)

text:
               11.4.2017

               EN

               Official Journal of the European Union

               L 98/18

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2017/681
   of 29 March 2017
   on the appointment of the EU Force Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) and repealing Decision (CFSP) 2016/1079 (EUNAVFOR MED/1/2017)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Decision (CFSP) 2015/778 of 18 May 2015 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6(1) of Decision (CFSP) 2015/778, the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander for the EUNAVFOR MED operation SOPHIA (‘EU Force Commander’).

               (2)

               On 23 June 2016, the PSC adopted Decision (CFSP) 2016/1079 (2) appointing Rear Admiral Giuseppe BERUTTI BERGOTTO as EU Force Commander.

               (3)

               The EU Operation Commander has recommended the appointment of Rear Admiral (LH) Andrea ROMANI to succeed Rear Admiral Giuseppe BERUTTI BERGOTTO as the new EU Force Commander as from 4 April 2017.

               (4)

               The EU Military Committee supports that recommendation.

               (5)

               Decision (CFSP) 2016/1079 should therefore be repealed.

               (6)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   Rear Admiral (LH) Andrea ROMANI is hereby appointed EU Force Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) as from 4 April 2017.
   Article 2
   Decision (CFSP) 2016/1079 is hereby repealed with effect from 4 April 2017.
   Article 3
   This Decision shall enter into force on 4 April 2017.

      Done at Brussels, 29 March 2017.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 122, 19.5.2015, p. 31.

      (2)  Political and Security Committee Decision (CFSP) 2016/1079 of 23 June 2016 on the appointment of the EU Force Commander for the European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA) and repealing Decision EUNAVFOR MED/1/2015 (EUNAVFOR MED/2/2016) (OJ L 179, 5.7.2016, p. 31).


title: Commission Decision of 1 October 2015 on notifying a third country of the possibility of being identified as a non-cooperating third country in fighting illegal, unreported and unregulated fishing

text:
               2.10.2015

               EN

               Official Journal of the European Union

               C 324/6

         COMMISSION DECISION
   of 1 October 2015
   on notifying a third country of the possibility of being identified as a non-cooperating third country in fighting illegal, unreported and unregulated fishing
   (2015/C 324/07)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1005/2008 of 29 September establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (1), and in particular Article 32 thereof,
   Whereas:
   1.   INTRODUCTION

               (1)

               Regulation (EC) No 1005/2008 (‘the IUU Regulation’) establishes a Union system to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing.

               (2)

               Chapter VI of the IUU Regulation lays down the procedure to identify non-cooperating third countries, the démarches in respect of such countries, the establishment of a list of such countries, the removal from that list, the publicity of that list and any emergency measures.

               (3)

               In accordance with Article 32 of the IUU Regulation, the Commission is to notify third countries of the possibility of their being identified as non-cooperating countries. Such notification is of a preliminary nature. The notification is to be based on the criteria laid down in Article 31 of the IUU Regulation. The Commission is also to take all the démarches set out in Article 32 of that Regulation with respect to the notified third countries. In particular, the Commission is to include in the notification information concerning the essential facts and considerations underlying such identification, provide those countries with the opportunity to respond and provide evidence refuting the identification or, where appropriate, a plan of action to improve and measures taken to rectify the situation. The Commission is to give to the notified third countries adequate time to answer the notification and reasonable time to remedy the situation.

               (4)

               Pursuant to Article 31 of the IUU Regulation, the Commission is to identify third countries that it considers as non-cooperating countries in fighting IUU fishing. A third country is to be identified as non-cooperating if it fails to discharge the duties incumbent upon it under international law as flag, port, coastal or market State, to take action to prevent, deter and eliminate IUU fishing.

               (5)

               The identification of non-cooperating third countries is to be based on the review of all information as set out under Article 31(2) of the IUU Regulation.

               (6)

               In accordance with Article 33 of the IUU Regulation, the Council is to establish a list of non-cooperating third countries. The measures set out, inter alia, in Article 38 of the IUU Regulation apply to those countries.

               (7)

               The concept of flag state responsibility and coastal state responsibility has been steadily strengthened in international fisheries law and is today envisaged as an obligation of ‘due diligence’, which is an obligation to exercise best possible efforts and to do the utmost to prevent IUU fishing, including the obligation to adopt the necessary administrative and enforcement measures to ensure that fishing vessels flying its flag, its nationals, or fishing vessels engaged in its waters are not involved in activities which infringe the applicable conservation and management measures of marine biological resources, and in case of infringement to cooperate and consult with other states in order to investigate and, if necessary, impose sanctions which are sufficient to deter violations and deprive offenders of the benefits from their illegal activities.

               (8)

               Pursuant to Article 20(1) of the IUU Regulation, the acceptance of validated catch certificates from third flag States is subject to a notification to the Commission of the arrangements for the implementation, control and enforcement of laws, regulations and conservation and management measures which must be complied with by the fishing vessels of the concerned third countries.

               (9)

               In accordance with Article 20(4) of the IUU Regulation, the Commission is to cooperate administratively with third countries in areas pertaining to the implementation of that Regulation.

         2.   PROCEDURE WITH RESPECT TO THE UNION OF COMOROS

               (10)

               The Union of the Comoros (hereinafter ‘the Comoros’) has not submitted to the Commission its notification as a flag State pursuant to Article 20 of the IUU Regulation.

               (11)

               From 4 to 8 May 2014, the Commission, with the support of the Delegation of the European Union to the Republic of Mauritius, to the Union of the Comoros and to the Republic of Seychelles, carried out a visit to the Comoros in the context of administrative cooperation provided for in Article 20(4) of the IUU Regulation.

               (12)

               The visit sought to verify information concerning the Comoros' arrangements for the implementation, control and enforcement of laws, regulations and conservation and management measures which must be complied with by its fishing vessels, measures taken by the Comoros in order to implement its obligations in the fight against IUU fishing.

               (13)

               The final report of the visit was sent to the Comoros on 3 June 2015. The Commission established during the visit that little or no progress had been achieved on the critical weaknesses the Comorian authorities committed to address in October 2011 (2).

               (14)

               The Comoros did not submit comments to the final report.

               (15)

               The Comoros is member of the Indian Ocean Tuna Commission (IOTC) and of the Southwest Indian Ocean Fisheries Commission (SWIOFC). The Comoros has ratified the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

               (16)

               The European Union and the Union of the Comoros have signed a Fisheries Partnership Agreement which is currently in force (3).

               (17)

               In order to evaluate the compliance of the Comoros with its international obligations as flag, port, coastal or market State as set out in the international agreements referred to in recital 15 and established by the relevant Regional Fisheries Management Organisations (RFMOs) mentioned in that recital, the Commission sought collected and analysed all the information it deemed necessary for the purpose of that exercise. The current internal legal framework for the Comoros fisheries management is the Fisheries and Aquaculture Code established by Act No 07-011/AU of 29 August 2007 and a body of Ministerial agreements.

               (18)

               The Commission also used information derived from available data published by the relevant RFMOs as well as publicly available information.

         3.   POSSIBILITY OF THE UNION OF COMOROS BEING IDENTIFIED AS A NON-COOPERATING THIRD COUNTRY

               (19)

               Pursuant to Article 31(3) of the IUU Regulation, the Commission analysed the duties of the Union of Comoros as flag, port, coastal or market State. For the purpose of that review the Commission took into account the criteria listed in Article 31(4) to (7) of the IUU Regulation.

         3.1.   Recurrence of IUU Vessels and IUU trade flows and measures taken in respect thereof (Article 31(4) of the IUU Regulation)

               (20)

               On the basis of publically available information as well as information gathered by the Commission and from the Comorian authorities, the Commission has established that there is evidence of around 20 Comorian vessels have been involved in IUU fishing activities during the period 2010 to 2015.

               (21)

               The Commission has established that there are around 20 Comorian vessels operating outside the Comorian Exclusive Economic Zone (EEZ) without an authorisation from the Comorian authorities. This goes against the recommendations as set out in point 45 of the International Plan of Action to prevent, deter and eliminate Illegal, Unreported and Unregulated fishing (IPOA IUU (4)) and paragraph 8(2)(2) of the FAO Code of Conduct that provide that flag States should ensure that each of the vessels entitled to fly their flag operating outside their waters holds a valid authorisation. It also constitutes a failure to follow the recommendations of points 29 and 30 of the FAO Voluntary Guidelines for Flag State Performance (5).

               (22)

               From publically available information, two Comorian vessels are also reported to have conducted an at-sea transhipment off the West African coast in 2014 (6). These operations took place without authorisation from the Comorian authorities. The lack of control by the Comoros contravenes point 49 of IPOA IUU which provides that flag States should ensure that all of their vessels involved in transhipment have a prior authorisation issued by the flag State, and report to the national authorities.

               (23)

               Moreover, the Comorian authorities acknowledged that the Comorian vessels operating outside the Comorian EEZ are not subject to any measure of monitoring, control and surveillance. They do not report their geographic position to the Comorian fisheries monitoring centre or any other information to the Comorian authorities such as catch data or information on landings or transhipments. By these failures the Comoros contravene Article 94(1) and (2) of UNCLOS which provide that every State shall effectively ensure its jurisdiction and control over ships flying its flag. This also contravenes the recommendation of point 24 of IPOA IUU, that provides for the obligation to undertake comprehensive and effective control of fishing activities, and point 35 of IPOA IUU that provides that a flag State should ensure that, before it registers a vessel, it can exercise its responsibility to ensure that the vessel does not engage in IUU fishing. This also contravenes points 31, 32 and 33 of the FAO Voluntary Guidelines for Flag State Performance that provide that flag States must implement control regimes over their vessels and must have in place enforcement regimes that include, inter alia, capacity to detect and take enforcement actions against violation of applicable laws, regulations and international conservation and management measures. Finally, because of these failures it is probable that these vessels may be operating illegally and that their catches remain unreported.

               (24)

               In view of the statements made by the Comorian authorities, the Commission established that the list of vessels flying the flag of the Comoros is not consolidated. While the authority in charge of fisheries does not have specific information on Comorian vessels operating outside the Comorian EEZ, the authority in charge of registration of vessels only has partial information on the status of the Comorian register. Contrary to the recommendations in point 40 of IPOA IUU and point 19 of the FAO Voluntary Guidelines for Flag State Performance, there is a lack of cooperation and information sharing between the authorities in charge of registration of vessels and those in charge of fisheries. Also by this failure the Comoros contravene Article 94(2)(b) of UNCLOS. They also fail to follow the recommendation of point 42 of IPOA IUU which provides that every State shall maintain a register of ships containing the names and particulars of ships flying its flag.

               (25)

               The lack of internal cooperation described in recital 24 contravenes the commitment made by the Comorian authorities to the European Union in October 2011, to establish closer cooperation between the authorities in charge of the registration of vessels and those in charge of fisheries (7).

               (26)

               The absence of cooperation between the authorities in charge of the registration of vessels and those in charge of fisheries diminishes the Comoros' ability to monitor the size and capacity of its fleet and allows illegal operators to operate under the Comoros flag without detection.

               (27)

               The Commission has established that the lack of cooperation between the authorities in charge of the registration of vessels and those in charge of fisheries is aggravated by the involvement of offshore private companies in the process of registration that are responsible for recruiting vessels to the registry and that can attribute temporary registration certificates.

               (28)

               Furthermore, the authority in charge of registration does not consult the IUU vessel lists established by RFMOs before registering a vessel which intends to operate outside the Comorian EEZ. This contravenes point 36 of IPOA IUU, that provides that flag States should avoid flagging vessels with a history of non-compliance. This also suggests that robust registration procedures remain to be developed and that the risk of IUU fishing activities occurring in the Comorian fleet is high.

               (29)

               Based on the information gathered during the visit to the Comoros conducted in May 2015, the Commission also established that three Comorian vessels were authorised to operate in the Comorian waters without being equipped with a Vessel Monitoring System (VMS) device or having an observer on-board. This situation is in contravention of Article 94(1) and (2) of UNCLOS. It also fails to follow point 24 of IPOA IUU. In addition, these vessels did not transmit the quantities of fish on board to the Comorian authorities within the prescribed time limit prior to landing in the Comoros. This contravenes point 55 of IPOA IUU which provides that, prior to allowing a vessel port access, States should require vessels to provide, inter alia, reasonable advance notice of their entry into port, details of their fishing trip and quantities of fish on board; in order to ascertain whether the vessel may have engaged in, or supported, IUU fishing. This situation implies that products stemming from these vessels cannot be guaranteed as not being sourced from IUU fishing activities.

               (30)

               Pursuant to Article 31(4)(b) of the IUU Regulation, the Commission also examined the measures taken by the Comoros in respect of access of fisheries products stemming from IUU fishing to its market.

               (31)

               In view of the situation described in recitals 22, 23 and 25, traceability of fish or fish products is hindered by the lack of monitoring, control and surveillance; the status of the Comorian register; and the lack of cooperation between the authorities in charge of the registration of vessels and those in charge of fisheries.

               (32)

               Based on the information gathered from the Comorian authorities, Comorian vessels authorised to operate in the EEZ of the Comoros have been using logbooks produced by economic operators in Sri Lankan languages. These languages are not understood by the Comorian fisheries inspectors. According to the information gathered during the visit to the Comoros in May 2015, the Comorian authorities had not finalised the development of their logbook model. Traceability cannot be guaranteed with the use of logbooks produced in a language not understood by the Comorian fisheries inspectors. This situation also hinders transparency and contravenes point 24 of IPOA IUU and point 33 of the FAO Voluntary Guidelines for Flag State Performance that provide for the obligation to undertake comprehensive and effective control of fishing activities from their commencement, through the point of landing, to final destination. This also contravenes point 71 of IPOA IUU that provides that States should take steps to improve the transparency of their markets to allow traceability of fish or fish products.

               (33)

               It is recalled that recital 23 demonstrates that the Comorian vessels operating outside the Comorian EEZ are not subject to any form of control by the Comorian authorities. These vessels do not have logbooks intended for the Comorian authorities and are not transmitting any information regarding their fishing activities, landings and transhipments to the Comorian authorities. This contravenes Article 94 of UNCLOS and fails to follow the recommendations of points 24 and 35 of IPOA IUU as well as point 33 of the FAO Voluntary Guidelines for Flag State Performance, as it implies that traceability of fish or fish products stemming from these vessels cannot be guaranteed.

               (34)

               Paragraphs 11(2) and 11(3) of the FAO Code of Conduct state that international trade in fish and fishery products should not compromise sustainable development of fisheries and should be based on transparent measures as well as on simple and comprehensive laws, regulations and administrative procedures. In addition paragraph 11(1)(11) of the FAO Code of Conduct provides that States should ensure that international and domestic trade in fish and fishery products complies with sound conservation and management practices by improving the identification of the origin of fish and fishery products traded. The IPOA IUU further provides guidance on internationally agreed market-related measures (points 65 to 76) which support reduction or elimination of trade in fish and fish products derived from IUU fishing.

               (35)

               Based on the information gathered by the Commission as well as statements made by the Comorian authorities, while processing facilities are being developed in the Comoros, robust traceability and certification schemes remain to be defined. This situation also increases the risk that products sourced from IUU fishing activities could be processed and traded through the Comoros.

               (36)

               In view of the situation explained in this Section of the Decision and on the basis of all factual elements gathered by the Commission as well as statements made by the country, it could be established, pursuant to Article 31(3), (4)(a) and (4)(b) of the IUU Regulation, that the Comoros have failed to discharge their duties under international law as a flag, port, coastal and market State in respect of IUU vessels and IUU fishing carried out or supported by vessels flying its flag or by its nationals and to prevent access of fisheries products stemming from IUU fishing to its market.

         3.2.   Failure to cooperate and to enforce (Article 31(5) of the IUU Regulation)

               (37)

               Under Article 31(5)(a), the Commission analysed its collaboration with the Comoros to see if they had effectively cooperated in responding to questions, providing feedback or investigating matters related to IUU fishing and associated activities.

               (38)

               While the Comorian fisheries authorities were generally cooperative during the mission, the Comorian fisheries authorities did not reply to follow-up requests for information. The Commission has established that this failure to cooperate is aggravated by the status of the Comorian register and the lack of cooperation between the authorities in charge of the registration of vessels and those in charge of fisheries, as established in Section 3.1.

               (39)

               In addition, as recital 25 recalls, the lack of cooperation between the authorities in charge of the registration of vessels and those in charge of fisheries should have been addressed in line with a commitment made by the Comoros in October 2011 to establish closer cooperation between these authorities (8). As established in Section 3.1, little or no progress has been achieved on this critical weakness and the Comoros has not met its commitment.

               (40)

               During the Commission visit in May 2015, the Comorian authorities informed the Commission that they were not in a position to share the Maritime Code which was awaiting enactment. Since then, the Commission has neither been informed of the enactment of the text nor have they been provided with a copy.

               (41)

               Moreover, the Comorian authorities were invited to provide the Commission with the list of Comorian fishing and fishing-related vessels. The Commission has not been provided with a copy of this list.

               (42)

               In the context of the overall assessment of the fulfilment of the Comorian duties to discharge their obligations as flag State, the Commission also analysed whether the Comoros cooperates with other States in the fight against IUU fishing.

               (43)

               The Commission has established that, while the Comoros is cooperating with the countries of the Indian Ocean region, it does not cooperate with third countries outside the region where Comorian vessels operate. As explained in recital 24, this absence of cooperation may result from the fact the Comorian authorities have little or no information about the vessels concerned. This situation, which highlights the findings of Section 3.1, fails to follow the recommendation of point 28 of IPOA IUU that provides that States should coordinate their activities and cooperate in fighting IUU fishing. This also fails to follow point 31 of IPOA IUU that provides that flag States should consider entering into agreements or arrangements with other States and otherwise cooperate for the enforcement of applicable laws and conservation and management measures or provisions adopted at a national, regional or global level.

               (44)

               In accordance with Article 31(5)(b), the Commission analysed existing enforcement measures to prevent, deter and eliminate IUU fishing in the Comoros.

               (45)

               The Commission established that the Comorian authorities had not reported taking any actions with respect to the vessels stated in recital 23 that have conducted operations that include an at-sea transhipment off the West African coast in 2014.

               (46)

               With regard to information laid down in recitals 21 and 23, and in view of the statements made by the Comoros, the Commission established that the Comorian authorities were aware that vessels flying the flag of the Comoros were, in breach of the Comorian law and requirements, operating outside the Comorian EEZ and landing in West Africa and Asia. However, the Commission established that the Comorian authorities had not taken enforcement measures in respect of these vessels.

               (47)

               Furthermore, the Commission established during its visit in May 2015 that most of the Comorian fleet is not transmitting VMS information to the Comorian authorities. This situation highlights the authorities' inability to monitor the operations of Comorian vessels and undermines the authorities' ability to effectively enforce rules applicable to the different areas concerned. This, combined with the lack of internal cooperation and cooperation with third countries, creates an ideal environment for the development of IUU fishing activities.

               (48)

               The situation referred to in recitals 45 to 47 contravenes Article 94 of UNCLOS. It also contravenes the recommendations to take enforcement measures in respect of IUU fishing activities and to sanction such activities with sufficient severity to effectively prevent, deter and eliminate IUU fishing and to deprive offenders of the benefits accruing from such fishing, as set out in paragraph 8(2)(7) of the FAO Code of Conduct; point 21 of IPOA IUU and points 31 to 33, 35 and 38 of the FAO Voluntary Guidelines for Flag State Performance.

               (49)

               With regards to the Comorian fisheries legal framework, the Comorian authorities acknowledged during the Commission's visit in May 2015, that further implementing texts of the Fisheries and Aquaculture Code need to be elaborated to ensure consistency between national law and international and regional applicable rules.

               (50)

               In addition, the Comorian Fisheries and Aquaculture Code does not include vessels conducting fishing related activities in the definition of fishing vessels. Furthermore, while the Comorian legal framework covers serious violations as defined under international law, the Comorian legal framework does not explicitly define IUU fishing and does not expressly foresee enforcement measures and sanctions for nationals supporting or engaged in IUU fishing as outlined in point 18 of IPOA IUU. As regards the sanctioning scheme, it should be noted that the fines foreseen in the context of industrial fishing activities are based on the value of the licences fees. Nevertheless, the categories of fishing licences defined in the Comorian law are limited only to tuna species. Consequently, in cases of infringements of industrial fleet targeting demersal or pelagic species there are no corresponding fines, account taken of the lack of corresponding licencing fees. This situation reduces the level of deterrence of the Comorian sanctioning scheme.

               (51)

               Furthermore, the Comoros does not have a national inspection plan to ensure a coherent policy on control of the Comorian fleet operations. Considering the size of the Comorian fleet and its development prospects (9), the Comoros does not have enough observers.

               (52)

               The Comoros has a low human development index and was ranked 159 out of 187 countries in 2013 (10) according to the United Nations Human Development Index (UNHDI). In the Annex II to Regulation (EC) No 1905/2006 of the European Parliament and of the Council (11) the Comoros is listed in the category of least developed countries, in line with the Organisation for Economic Cooperation and Development (OECD) Development Assistance Committee (DAC) list of official development assistance (ODA) recipients of 1 January 2015 (12).

               (53)

               Despite the analysis in recital 52 it is also noted that on the basis of information derived from the Commission's visit in May 2015, it cannot be considered that the Comoros lacks financial resources. Rather it lacks the necessary administrative environment to ensure the efficient and effective performance of its duties as flag, coastal, port and market State.

               (54)

               In view of the situation explained in this Section and on the basis of all the factual elements gathered by the Commission as well as all the statements made by the Comoros, it could be established, pursuant to Article 31(3) and (5) of the IUU Regulation, that the Comoros failed to discharge its duties under international law with respect to cooperation and enforcement efforts.

         3.3.   Failure to implement international rules (Article 31(6) of the IUU Regulation)

               (55)

               The Comoros has ratified UNCLOS in 1994 and is a contracting party to IOTC and SWIOFC.

               (56)

               Under Article 31(6)(b) the Commission analysed all information regarding the status of the Comoros as contracting party to IOTC and SWIOFC.

               (57)

               According to information derived from the IOTC Compliance Report for the Comoros produced on 23 March 2015 (13), several repeated compliance issues were identified in 2014. In particular, the Comoros have not reported nominal catch on sharks, as required by IOTC Resolution 05/05, have not reported catch and effort on sharks, as required by IOTC Resolution 05/05, have not reported size frequency on sharks, as required by IOTC Resolution 05/05, have not reported catch and effort on purse seine foreign vessels operating in its EEZ, as required by IOTC Resolution 10/02 and have not implemented the observer scheme for artisanal sampling, as required by IOTC Resolution 11/04.

               (58)

               Non-repeated compliance issues were also identified. The Comoros have not reported nominal catch for coastal fisheries, as required by IOTC Resolution 10/02, have not reported catch and effort for coastal fisheries, as required by IOTC Resolution 10/02 and have not reported size frequency for coastal fisheries, as required by IOTC Resolution 10/02.

               (59)

               The compliance issues of the Comoros with IOTC demonstrates the failure of the Comoros to fulfil its obligations as flag State laid down in Article 94 of UNCLOS. They also show that the Comoros are not following the recommendations of points 31 to 33, 35 and 38 of FAO Voluntary Guidelines for Flag States Performance and of point 24 of IPOA IUU.

               (60)

               With the exception of IOTC and SWIOFC, the Comoros is not a contracting party to other RFMOs. Considering the structure of the Comorian fleet, which operates not only in the Indian Ocean region, this finding undermines the Comorian efforts to fulfil obligations under UNCLOS, in particular Articles 117 and 118.

               (61)

               Moreover, with the exception of UNCLOS, the Comoros has not ratified other international legal instruments related to fisheries management. Considering the importance of straddling and highly migratory fish stocks for the Comoros, this finding undermines the Comorian efforts to fulfil its duties as flag, coastal, port and market State under UNCLOS, in particular Articles 63 and 64.

               (62)

               In addition, while port infrastructures dedicated to fishing activities are being built in the Comoros, the country has not ratified the 2009 FAO Port State Measures Agreement.

               (63)

               The performance of the Comoros in implementing international instruments is not in accordance with the recommendations of point 11 of IPOA IUU which encourages States, as a matter of priority, to ratify, accept or accede to the United Nations Agreement for the Implementation of the Provisions of UNCLOS relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA) and the FAO Compliance Agreement. It also fails to follow point 14 that provides that States should fully and effectively implement the Code of Conduct and its associated International Plans of Action.

               (64)

               Contrary to the recommendations in points 25 to 27 of IPOA IUU, the Comoros has not developed a national plan of action against IUU fishing.

               (65)

               Furthermore, as it is mentioned in recital 27, it was established during the visit conducted by the Commission that the management of the Comorian register is partly delegated to a private company located outside the Comoros. Based on the information gathered by the Commission as well as statements made by the Comoros, it could be established that the Comoros failed to ensure that the vessels flying its flag have a genuine link with the country. This contravenes Article 91 of UNCLOS which provides that a genuine link must exist between the flag State and its ships.

               (66)

               In view of the situation explained in this Section of the Decision and on the basis of all the factual elements gathered by the Commission as well as all the statements made by the country, it could be established, pursuant to Article 31(3) and (6) of the IUU Regulation, that the Comoros has failed to discharge the duties incumbent upon it under international law with respect to international rules, regulations and conservation and management measures.

         3.4.   Specific constraints of developing countries (Article 31(7) of the IUU Regulation)

               (67)

               It is recalled that according to the UNHDI, the Comoros has a low human development index and was ranked 159 out of 187 countries in 2013 (14). It is also recalled that, according to Regulation (EC) No 1905/2006 the Comoros is listed in the category of least developed countries, in line with the OECD DAC list of ODA recipients of 1 January 2015 (15).

               (68)

               Although specific capacity constraints may exist in general with respect to monitoring, control and surveillance, the specific constraints of the Comoros derived from its level of development cannot justify the deficiencies identified in the previous sections. This concerns especially the status of the Comorian register and the absence of control, in particular through VMS of a part of the Comorian fleet while the Comoros has an operational fisheries monitoring centre and is able to monitor the activities undertaken in its EEZ.

               (69)

               It appears that the shortcomings identified result primarily from the inadequate administrative environment to ensure the efficient and effective performance of the Comorian duties as flag, coastal, port and market State. This situation is aggravated by the imbalanced size of the Comorian fleet and its area of operation.

               (70)

               It is also pertinent to note that the European Union and the Union of the Comoros have signed a Fisheries Partnership Agreement (16). The current protocol (17) of this agreement includes sectoral financial support in the financial contribution paid to the Comoros. The sectoral financial support aims to promote sustainable fisheries development by strengthening administrative and scientific capacity through a focus on sustainable fisheries management, monitoring, control and surveillance. This should contribute to helping the Comoros to meet its duties under international law as flag, port, coastal and market State and to fight IUU fishing.

               (71)

               In addition, the Comoros also gets support from regional initiatives such as the project SmartFish which is funded by the European Union and which is implemented by the Indian Ocean Commission (IOC) and aims, inter alia, to fight IUU fishing through shared resources; information exchange; training and the development of operational schemes for monitoring, control and surveillance.

               (72)

               In view of the situation explained in this Section and on the basis of all the factual elements gathered by the Commission as well as all the statements made by the country, it could be established, pursuant to Article 31(7) of the IUU Regulation, that the development status and overall performance of the Comoros with respect to fisheries management may be impaired by its level of development. However, account taken of the nature of the established shortcomings of the Comoros, the Comorian development level cannot fully excuse or otherwise justify its overall performance as flag, port, coastal or market State with respect to fisheries and the insufficiency of its actions to prevent, deter and eliminate IUU fishing.

         4.   CONCLUSION ON THE POSSIBILITY OF IDENTIFICATION AS A NON-COOPERATING THIRD COUNTRY

               (73)

               In view of the conclusions reached with regard to the failure of the Comoros to discharge its duties under international law as flag, port, coastal or market State and to take action to prevent, deter and eliminate IUU fishing, that country should be notified, in accordance with Article 32 of the IUU Regulation, of the possibility of being identified by the Commission as a non-cooperating third country in fighting IUU fishing.

               (74)

               In accordance with Article 32(1) of the IUU Regulation, the Commission should notify the Comoros of the possibility of being identified as a non-cooperating third country. The Commission should also take all the démarches set out in Article 32 of the IUU Regulation with respect to the Comoros. In the interest of sound administration, a period should be fixed within which that country may respond in writing to the notification and rectify the situation.

               (75)

               Furthermore, the notification to the Comoros of the possibility of being identified as a non-cooperating country does neither preclude nor automatically entail any subsequent step taken by the Commission or the Council for the purpose of the identification and the establishment of a list of non-cooperating countries.

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Union of Comoros shall be notified of the possibility of being identified by the Commission as a non-cooperating third country in fighting illegal, unreported and unregulated fishing.

      Done at Brussels, 1 October 2015.

            For the Commission

         Karmenu VELLA

            Member of the Commission

      (1)  OJ L 286, 29.10.2008, p. 1.

      (2)  Information retrieved from: http://ec.europa.eu/fisheries/news_and_events/press_releases/2011/20111031/index_en.htm

      (3)  Council Regulation (EC) No 1563/2006 of 5 October 2006 concerning the conclusion of the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros (OJ L 290, 20.10.2006, p. 6).

      (4)  International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, Food and Agriculture Organization of the United Nations, 2001.

      (5)  Voluntary Guidelines for Flag State Performance, March 2014, retrieved from: http://www.fao.org/3/a-mk052e.pdf

      (6)  Information retrieved from Greenpeace, Esperanza West Africa Expedition 2014, May 2015, retrieved from: http://www.greenpeace.org/eastasia/publications/reports/oceans/2015/Africas-fisheries-paradise-at-a-crossroads/

      (7)  See footnote 2.

      (8)  See footnote 2.

      (9)  Information retrieved from: http://www.iotc.org/sites/default/files/documents/2015/03/IOTC-2015-CoC12-05_Add_1E_Collection_of_fleet_development_plans.pdf

      (10)  Information retrieved from: http://hdr.undp.org/en/content/table-1-human-development-index-and-its-components

      (11)  Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (OJ L 378, 27.12.2006, p. 41).

      (12)  Information retrieved from: http://www.oecd.org/dac/stats/documentupload/DAC%20List%20of%20ODA%20Recipients%202014%20final.pdf

      (13)  Information retrieved from: http://www.iotc.org/sites/default/files/documents/2015/04/IOTC-2015-CoC12-CR04E-Comoros.pdf

      (14)  See footnote 10.

      (15)  See footnote 12.

      (16)  See footnote 3.

      (17)  Council Decision 2013/786/EU of 16 December 2013 on the signing, on behalf of the European Union, and the provisional application of the Protocol between the European Union and the Union of the Comoros setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement currently in force between the two parties (OJ L 349, 21.12.2013, p. 4) and Protocol between the European Union and the Union of the Comoros setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force (OJ L 349, 21.12.2013, p. 5).


Avis juridique important

|

31986D0455

86/455/ECSC: Commission Decision of 11 September 1986 on the conclusion of an Arrangement in the form of an Exchange of Letters with the United States of America amending the Arrangement of 21 October 1982 concerning trade in certain steel products

Official Journal L 262 , 13/09/1986 P. 0028

*****COMMISSION  DECISION  of 11 September 1986  on the conclusion of an Arrangement in the form of an Exchange of Letters with the United States of America amending the Arrangement of 21 October 1982 concerning trade in certain steel products  (86/455/ECSC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 95 thereof,  Whereas the Community has concluded an Arrangement with the United States of America, extending and amending the Arrangement of 21 October 1982 concerning trade in certain steel products (1); whereas the latter Arrangement should be supplemented by an Arrangement on semi-finished iron and steel products so as to make it possible to safeguard the essential interests of Community producers exporting the products in question to the United States market; whereas these arrangements cover only exports from the Community as constituted on 31 December 1985;  Having consulted the Consultative Committee and with the unanimous assent of the Council,  HAS DECIDED AS FOLLOWS:  Article 1  1. The Arrangement in the form of an Exchange of Letters with the United States of America amending the Arrangement of 21 October 1982 concerning trade in certain steel products, is hereby approved on behalf of the European Coal and Steel Community, to the extent to which it relates to products covered by the ECSC Treaty.  2. The text of the Arrangement is annexed to this Decision.  Article 2  The Commission shall designate the member of the Commission empowered to sign the Arrangement for the purpose of binding the European Coal and Steel Community.  Done at Brussels, 11 September 1986.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 355, 31. 12. 1985, p. 102.


title: 2010/281/: Decision of the European Central Bank of 14 May 2010 establishing a securities markets programme (ECB/2010/5)

text:
               20.5.2010

               EN

               Official Journal of the European Union

               L 124/8

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 14 May 2010
   establishing a securities markets programme
   (ECB/2010/5)
   (2010/281/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular to the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), and in particular the second subparagraph of Article 12.1, Article 3.1 and Article 18.1 thereof,
   Whereas:

               (1)

               Pursuant to Article 18.1 of the Statute of the ESCB, national central banks of Member States whose currency is the euro (hereinafter the ‘euro area NCBs’) and the European Central Bank (ECB) (hereinafter collectively referred to as the ‘Eurosystem central banks’) may operate in the financial markets by, among other things, buying and selling outright marketable instruments.

               (2)

               On 9 May 2010 the Governing Council decided and publicly announced that, in view of the current exceptional circumstances in financial markets, characterised by severe tensions in certain market segments which are hampering the monetary policy transmission mechanism and thereby the effective conduct of monetary policy oriented towards price stability in the medium term, a temporary securities markets programme (hereinafter the ‘programme’) should be initiated. Under the programme, the euro area NCBs, according to their percentage shares in the key for subscription of the ECB’s capital, and the ECB, in direct contact with counterparties, may conduct outright interventions in the euro area public and private debt securities markets.

               (3)

               The programme forms part of the Eurosystem’s single monetary policy and will apply temporarily. The programme’s objective is to address the malfunctioning of securities markets and restore an appropriate monetary policy transmission mechanism.

               (4)

               The Governing Council will decide on the scope of the interventions. The Governing Council has taken note of the statement of the euro area Member State governments that they ‘will take all measures needed to meet their fiscal targets this year and the years ahead in line with excessive deficit procedures’ and the precise additional commitments taken by some euro area Member State governments to accelerate fiscal consolidation and ensure the sustainability of their public finances.

               (5)

               As part of the Eurosystem’s single monetary policy, the outright purchase of eligible marketable debt instruments by Eurosystem central banks under the programme should be implemented in accordance with the terms of this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   Establishment of the securities markets programme
   Under the terms of this Decision, Eurosystem central banks may purchase the following: (a) on the secondary market, eligible marketable debt instruments issued by the central governments or public entities of the Member States whose currency is the euro; and (b) on the primary and secondary markets, eligible marketable debt instruments issued by private entities incorporated in the euro area.
   Article 2
   Eligibility criteria for debt instruments
   Marketable debt instruments shall be eligible for outright purchase under the programme if they are all of the following: (a) denominated in euro; and (b) either: (i) issued by central governments or public entities of the Member States whose currency is the euro; or (ii) issued by other entities incorporated in the euro area and meeting the asset eligibility criteria specified in Chapter 6 of Annex I to Guideline ECB/2000/7 of 31 August 2000 on monetary policy instruments and procedures of the Eurosystem (1).
   Article 3
   Eligible counterparties
   The following shall be eligible counterparties for the programme: (a) counterparties eligible for Eurosystem monetary policy operations as defined in Section 2.1 of Annex I to Guideline ECB/2000/7; and (b) any other counterparties that are used by a Eurosystem central bank for the investment of its euro-denominated investment portfolios.
   Article 4
   Final provision
   This Decision shall enter into force on the day following its publication on the ECB’s website.

      Done at Frankfurt am Main, 14 May 2010.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 310, 11.12.2000, p. 1.


title: Council Decision of 8 June 2017 adopting the Council’s position on draft amending budget No 2 of the European Union for the financial year 2017

text:
               10.6.2017

               EN

               Official Journal of the European Union

               C 186/2

         COUNCIL DECISION
   of 8 June 2017
   adopting the Council’s position on draft amending budget No 2 of the European Union for the financial year 2017
   (2017/C 186/03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,
   Whereas:

               —

               the Union’s budget for the financial year 2017 was definitively adopted on 1 December 2016 (2),

               —

               on 12 April 2017, the Commission submitted a proposal containing draft amending budget No 2 to the general budget for the financial year 2017,

         HAS DECIDED AS FOLLOWS:
   Sole article
   The Council’s position on draft amending budget No 2 of the European Union for the financial year 2017 was adopted on 8 June 2017.
   The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

      Done at Brussels, 8 June 2017.

            For the Council

            The President

         U. REINSALU

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

      (2)  OJ L 51, 28.2.2017, p. 1.


title: Council Decision (EU) 2017/1913 of 9 October 2017 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products

text:
               24.10.2017

               EN

               Official Journal of the European Union

               L 274/57

         COUNCIL DECISION (EU) 2017/1913
   of 9 October 2017
   on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with point (a)(v) of Article 218(6) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               Article 19 of the Agreement on the European Economic Area provides that the contracting Parties undertake to continue their efforts to achieve progressive liberalisation of agricultural trade between them.

               (2)

               In accordance with Council Decision (EU) 2016/2087 (1) the Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products (‘the Agreement’) was signed on 23 March 2017, subject to its conclusion.

               (3)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in the Agreement. (2)

   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 9 October 2017.

            For the Council

            The President

         S. KIISLER

      (1)  Council Decision (EU) 2016/2087 of 14 November 2016 on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products (OJ L 324, 30.11.2016, p. 1).

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


title: 87/470/EEC: Council Decision of 11 December 1986 concerning the provisional application of the Agreement between the European Economic Community and the Federative Republic of Brazil on trade in textile products

text:
14 . 9 . 87                            Official Journal of the European Communities                                         No L 263 / 1
                                                                 II
                                           (Acts whose publication is not obligatory)
                                                      COUNCIL
                                                    COUNCIL DECISION
                                                     of 11 December 1986
                 concerning the provisional application of the Agreement between the European Economic
                        Community and the Federative Republic of Brazil on trade in textile products
                                                         ( 87 / 470 / EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                              in textile products shall be applied provisionally as from
                                                                       1 January 1987 pending its formal conclusion provided that
Having regard to the Treaty establishing the European                  there is a reciprocal provisional application on the part of the
Economic Community , and in particular Article 113                     contracting country .
thereof,
Having regard to the proposal from the Commission ,                    The text of the Agreement is attached to this Decision I 1 ).
Whereas the Commission has , on behalf of the European
Economic Community , negotiated an Agreement with Brazil
on trade in textile products ;                                                                       Article 2
Whereas the said Agreement should be applied provisionally
as from 1 January 1987 pending the completion of the                   The Commission is invited to inform the contracting country
procedures necessary for its conclusion , provided that there          of this Decision and seek its agreement thereto , which will be
is a reciprocal provisional application on the part of the             duly communicated to the Council .
contracting country ,
HAS DECIDED AS FOLLOWS :
                                                                       Done at Brussels , 11 December 1986 .
                         Article 1                                                                                For the Council
                                                                                The President
The Agreement between the European Economic
Community and the Federative Republic of Brazil on trade                                                             K. CLARKE
                                                                       (') For technical reasons this Agreement is published in the Official
                                                                           Journal ofthe European Communities in the language in which it
                                                                           was negotiated .


title: 2005/891/EC: Council Decision of  3 October 2005  on the signing of a Protocol to the Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Korea, on the other hand, to take account of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union

text:
               19.12.2005

               EN

               Official Journal of the European Union

               L 332/1

         COUNCIL DECISION
   of 3 October 2005
   on the signing of a Protocol to the Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Korea, on the other hand, to take account of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union
   (2005/891/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 57(2), 71, 80(2), 133 and 181a thereof, in conjunction with the first subparagraph of Article 300(2) thereof,
   Having regard to the 2003 Act of Accession and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 3 December 2004, the Council authorised the Commission, on behalf of the Community and its Member States, to open negotiations with the Republic of Korea with the view of adapting the Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Korea, on the other hand (1), to take account of the accession of the 10 new Member States to the European Union.

               (2)

               These negotiations have been concluded to the satisfaction of the Commission,

               (3)

               The Protocol should be signed on behalf of the Community and its Member States,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the Community and its Member States, the Protocol to the Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Korea, on the other hand, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union.
   The text of the Protocol is attached to this Decision.

      Done at Luxembourg, 3 October 2005.

            For the Council

            The President

         D. ALEXANDER

      (1)  OJ L 90, 30.3.2001, p. 46.
    ---documentbreak---

               19.12.2005

               EN

               Official Journal of the European Union

               L 332/2

         PROTOCOL
   to the Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Korea, on the other hand, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union
   THE KINGDOM OF BELGIUM,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   IRELAND,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   THE REPUBLIC OF MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   hereinafter referred to as ‘the Member States’, represented by the Council of the European Union, and
   THE EUROPEAN COMMUNITY, represented by the Council of the European Union and the European Commission,
   on the one hand, and
   THE REPUBLIC OF KOREA,
   on the other hand,
   WHEREAS the Framework Agreement for Trade and Cooperation between the European Community and its Member States, on the one hand, and the Republic of Korea, on the other hand, hereinafter referred to as ‘the Framework Agreement’, was signed in Luxembourg on 28 October 1996 and entered into force on 1 April 2001;
   WHEREAS the Treaty concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union and the Act thereto was signed in Athens on 16 April 2003 and entered into force on 1 May 2004;
   WHEREAS, pursuant to Article 6(2) of the 2003 Act of Accession, the accession of the new Member States of the EU to the Framework Agreement must be agreed by the conclusion of a Protocol to the Framework Agreement,
   HAVE AGREED AS FOLLOWS:
   Article 1
   The Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic hereby become parties to the Framework Agreement and shall respectively adopt and take note, in the same manner as the other Member States, of the text of the Agreement, as well as the Joint Declaration on the political dialogue, and Unilateral Declarations.
   Article 2
   This Protocol shall form an integral part of the Framework Agreement.
   Article 3
   1.   This Protocol shall be approved by the Community, by the Council of the European Union on behalf of the Member States, and by the Republic of Korea in accordance with their own procedures.
   2.   This Protocol shall enter into force on the first day of the month following the date on which the Parties have notified each other of the completion of the corresponding procedures referred to in the preceding paragraph.
   Article 4
   The notifications made in accordance with Article 3 shall be made to the Ministry of Foreign Affairs and Trade of the Republic of Korea and the General Secretariat of the Council of the European Union, respectively.
   Article 5
   This Protocol is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovenian, Slovak, Spanish, Swedish and Korean languages, each of these texts being equally authentic.
   Article 6
   The text of the Framework Agreement, including the Joint Declaration on the political dialogue and the Unilateral Declarations shall be drawn up in the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovenian languages and these texts shall be authentic in the same way as the original texts.

      EN FE DE LO CUAL, los plenipotenciarios abajo firmantes suscriben el presente Protocolo en Bruselas, el dieciséis de noviembre de dos mil cinco.
      NA DŮKAZ ČEHOŽ připojili v Bruselu dne šestnáctého listopadu dva tisíce pět níže podepsaní zplnomocnění zástupci k tomuto protokolu své podpisy.
      TIL BEKRÆFTELSE HERAF har undertegnede befuldmægtigede underskrevet denne protokol i Bruxelles, den sekstende november to tusind og fem.
      ZU URKUND DESSEN haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter dieses Abkommen gesetzt. Geschehen zu Brüssel am sechzehnten November zweitausendfünf.
      SELLE KINNITUSEKS on nimetatud täievolilised esindajad käesolevale protokollile alla kirjutanud kahe tuhande viienda aasta novembrikuu kuueteistkümnendal päeval Brüsselis.
      ΕΙΣ ΠΙΣΤΩΣΗ ΤΩΝ ΑΝΩΤΕΡΩ, οι υπογράφοντες πληρεξούσιοι υπέγραψαν το παρόν πρωτόκολλο στις Βρυξέλλες, στις δέκα έξι Νοεμβρίου δύο χιλιάδες πέντε.
      IN WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Protocol at Brussels, on the sixteenth day of November in the year two thousand and five.
      EN FOI DE QUOI, les plénipotentiaires soussignés ont signé le présent protocole à Bruxelles, le seize novembre deux mille cinq.
      IN FEDE DI CHE, i sottoscritti plenipotenziari hanno firmato il presente protocollo a Bruxelles, il sedici novembre duemilacinque.
      TO APLIECINOT, Pilnvarotie ir parakstījuši šo protokolu Briselē, divi tūkstoši piektā gada sešpadsmitajā novembrī.
      TAI PATVIRTINDAMI tinkamai įgalioti atstovai pasirašė šį Protokolą du tūkstančiai penktų metų lapkričio šešioliktą dieną Briuselyje.
      FENTIEK HITELÉÜL az alulírott meghatalmazottak Brüsszelben, a kettőezer-ötödik év november havának tizenhatodik napján aláírták ezt a jegyzőkönyvet.
      B' XIEHDA TA' DAN, il-plenipotenzjarji hawn taħt iffirmati iffirmaw dan il-Protokoll fi Brussel fis-sittax il-jum ta' Novembru tas-sena elfejn u ħamsa.
      TEN BLIJKE WAARVAN de ondergetekende gevolmachtigden dit Protocol hebben ondertekend te Brussel, de zestiende november tweeduizend vijf.
      W DOWÓD CZEGO, niżej podpisani Pełnomocnicy złożyli swoje podpisy pod niniejszym Protokołem w Brukseli, dnia szesnastego listopada roku dwa tysiące piątego.
      EM FÉ DO QUE, os plenipotenciários abaixo‐assinados assinaram o presente Protocolo em Bruxelas, em dezasseis de Novembro de dois mil e cinco.
      NA DÔKAZ TOHO dolupodpísaní splnomocnení zástupcovia podpísali tento protokol v Bruseli šestnásteho novembra dvetisícpäť.
      V POTRDITEV TEGA so spodaj podpisani pooblaščenci podpisali ta protokol v Bruslju, dne šestnajstega novembra leta dva tisoč pet.
      TÄMÄN VAKUUDEKSI ALLA MAINITUT täysivaltaiset edustajat ovat allekirjoittaneet tämän pöytäkirjan. Tehty Brysselissä kuudentenatoista päivänä marraskuuta vuonna kaksituhattaviisi.
      TILL BEVIS HÄRPÅ har undertecknade befullmäktigade undertecknat detta protokoll i Bryssel den sextonde november tjugohundrafem.

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

         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar

         Por la República de Corea
         Za Korejskou republiku
         For Republikken Korea
         Für die Republik Korea
         Korea Vabariigi nimel
         Για τη Δημοκρατία της Κορέας
         For the Republic of Korea
         Pour la République de Corée
         Per la Repubblica di Corea
         Korejas Republikas vārdā
         Korėjos Respublikos vardu
         A Koreai Köztársaság részéről
         Għar-Repubblíka tal-Korea
         Voor de Republiek Korea
         W imieniu Republiki Korei
         Pela República da Coreia
         Za Kórejskú republiku
         Za Republiko Korejo
         Korean tasavallan puolesta
         På Republiken Koreas vägnar

 ---documentbreak--- NA ---documentbreak---

               19.12.2005

               EN

               Official Journal of the European Union

               L 332/7

         THE FRAMEWORK AGREEMENT FOR TRADE AND COOPERATION BETWEEN THE EUROPEAN COMMUNITY AND ITS MEMBER STATES, ON THE ONE HAND, AND THE REPUBLIC OF KOREA, ON THE OTHER HAND
   The framework Agreement drawn up in 11 official languages of the European Union (Spanish, Danish, German, Greek, English, French, Italian, Dutch, Portuguese, Finnish, Swedish) was published in OJ L 90, 30.3.2001, p. 46. The Czech, Estonian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Slovak and Slovenian versions are published in this Official Journal.