title: 2008/584/EC: Council Decision of 15 July 2008 amending Decision 2006/493/EC laying down the amount of Community support for rural development for the period from 1 January 2007 to 31 December 2013 , its annual breakdown and the minimum amount to be concentrated in regions eligible under the Convergence Objective

text:
               16.7.2008

               EN

               Official Journal of the European Union

               L 188/26

      COUNCIL DECISION

   of 15 July 2008
   amending Decision 2006/493/EC laying down the amount of Community support for rural development for the period from 1 January 2007 to 31 December 2013, its annual breakdown and the minimum amount to be concentrated in regions eligible under the Convergence Objective
   (2008/584/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (1), and in particular Article 69(1) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Council Decision 2006/493/EC (2) lays down the amount of Community support for rural development for the period from 1 January 2007 to 31 December 2013, its annual breakdown and the minimum amount to be concentrated in regions eligible under the Convergence Objective.

               (2)

               Since the Budgetary Authority has decided to transfer certain commitment appropriations for Community support for rural development under Regulation (EC) No 1698/2005 which were not used in 2007, in accordance with paragraph 48 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3), Decision 2006/493/EC should be amended in order to reallocate those appropriations to the period from 1 January 2008 to 31 December 2013.

               (3)

               Decision 2006/493/EC should therefore be amended accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Annex to Decision 2006/493/EC is replaced by the text in the Annex to this Decision.
   Article 2
   This Decision shall apply as from 1 January 2008.

      Done at Brussels, 15 July 2008.

            For the Council

            The President

         M. BARNIER

      (1)  OJ L 277, 21.10.2005, p. 1. Regulation as last amended by Regulation (EC) No 146/2008 (OJ L 46, 21.2.2008, p. 1).

      (2)  OJ L 195, 15.7.2006, p. 22.

      (3)  OJ C 139, 14.6.2006, p. 1. Agreement last amended by Decision 2008/371/EC of the European Parliament and of the Council (OJ L 128, 16.5.2008, p. 8).

      ANNEX

            ‘ANNEX
            Total amount of commitment appropriations for 2007-13, annual breakdown and minimum amount to be concentrated in regions eligible under the Convergence Objective (1)

                        2004 prices in EUR (2)

                        2007

                        2008

                        2009

                        2010

                        2011

                        2012

                        2013

                        Total

                        Total amount for EU-25 plus Bulgaria and Romania

                        9 325 497 783

                        10 788 767 263

                        10 515 007 756

                        10 278 583 653

                        9 824 886 713

                        9 588 187 168

                        9 356 225 581

                        69 677 155 918

                        Minimum amount for regions eligible under the Convergence Objective

                        27 676 975 284

            Total amount of commitment appropriations for 2007-13, annual breakdown and minimum amount to be concentrated in regions eligible under the Convergence Objective (3)

                        current prices in EUR (4)

                        2007

                        2008

                        2009

                        2010

                        2011

                        2012

                        2013

                        Total

                        Total amount for EU-25 plus Bulgaria and Romania

                        9 896 292 851

                        11 678 108 653

                        11 609 418 209

                        11 575 354 634

                        11 285 706 554

                        11 234 089 442

                        11 181 555 662

                        78 460 526 005

                        Minimum amount for regions eligible under the Convergence Objective

                        31 232 644 963

         (1)  Before compulsory modulation and other transfers from market-related expenditure and direct payments of the common agricultural policy to rural development.

         (2)  Amounts are rounded to the nearest euro.

         (3)  Before compulsory modulation and other transfers from market-related expenditure and direct payments of the common agricultural policy to rural development.

         (4)  Amounts are rounded to the nearest euro.’


Avis juridique important

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31987D0076

87/76/EEC: Commission Decision of 7 January 1987 on the setting-up of an Advisory Committee on Feedingstuffs

Official Journal L 045 , 14/02/1987 P. 0019 - 0021 Finnish special edition: Chapter 3 Volume 22 P. 0155  Swedish special edition: Chapter 3 Volume 22 P. 0155

COMMISSION DECISION of 7 January 1987 on the setting-up of an Advisory Committee on Feedingstuffs (87/76/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the Advisory Committee on Feedingstuffs was set up by Commission Decision 77/532/EEC (1), as last amended by Decision 83/77/EEC (2);  Whereas, following the accession of new Member States to the Community, the number of seats on the Committee should be increased and they should be reallocated; whereas the procedure for the replacement of members should also be adjusted;  Whereas the provisions concerning the Advisory Committee on Feedingstuffs have been amended several times and have therefore become difficult to apply; whereas they should therefore be consolidated;  Whereas it is necessary to obtain an overall view of the factors which govern the production, marketing and consumption of feedingstuffs and to consult producers, traders and consumers on these matters;  Whereas the trade associations concerned and the consumer groups in the Member States have set up organizations at Community level which are in a position to represent those concerned in all the Member States;  Whereas the terms of reference of the standing working group on peas and field beans should also be laid down,  HAS DECIDED AS FOLLOWS:    Article 1 1.  There is hereby attached to the Commission an Advisory Committee on Feedingstuffs, hereinafter called 'the Committee'.  2.  The Committee shall consist of representatives of the following interests: agricultural producers, agricultural cooperations, industry, trade, workers and consumers.  Article 2 The Committee shall set up:  (3) OJ No L 211, 19. 8. 1977, p. 7.  (4) OJ No L 51, 24. 2. 1983, p. 34.  - a standing working group on statistics,  - a standing working group on proteins,  - a standing working group on dehydrated fodder,  - a standing working group on peas and field beans.  In agreement with the Commission staff, the Committee may set up other working groups to facilitate its work.  Article 3 1.  The Committee may be consulted by the Commission on any problem concerning the production, marketing or consumption of feedingstuffs.  It shall organize and prepare the work of the standing groups and of the other working groups. It shall ensure that each group is composed solely of representatives of the sectors most directly concerned with the subject or subjects to be examined by  that group.  2.  The standing working group on statistics shall be responsible for examining the problems of supply and demand in the feedingstuff sector.  3.  The standing group on proteins shall be responsible for examining the problems of the Community's protein supplies.  4.  The standing working group on dehydrated fodder shall be responsible for examining the application fo the rules on the common organization of the market in dehydrated fodder, and in particular the measures which the Commission takes under these  rules.  5.  The standing working group on peas and field beans shall be responsible for examining the application of the rules on the common organization of the market in peas and field beans, and in particular the measures which the Commission takes under  those rules.  6.  The working groups shall report to the Committee on the results of their work.  The working groups shall appoint a chairman and a rapporteur.  7.  The chairman of the Committee may indicate to the Commission the desirability of consulting the Committee on any matter within the latter's competence but on which its opinion has not been sought. He shall do so, in particular, at the request of one  of the interests represented.  Article 4 1.  The Committee shall comprise 30 members.  2.  Seats on the Committee shall be allocated as follows:  - 15 to agricultural producers and cooperatives,  - five to industry,  - four to trade,  - three to workers,  - three to consumers' representatives.  Article 5 1.  Members of the Committee shall be appointed by the Commission on proposals from the trade workers' organizations set up at Community level which are most representative of the interests specified in Article 1 (2); nevertheless, the  consumers' representatives shall be appointed on a proposal from the Consumers' Advisory Committee set up by the Commission Decision of 25 September 1973.  The said bodies shall put forward two candidates of different nationality in respect of each seat to be filled, each from a different Member State of the Community.  2.  The term of office of a member of the Committee shall be three years and shall be renewable. Members shall not be remunerated for their services.  After the expiry of the three-year period, members of the Committee shall remain in office until they are replaced or until their appointments are renewed.  In the event of the resignation or decease of a member or a request from the body having proposed a member that he be replaced, he shall be replaced in accordance with the procedure laid down in paragraph 1.  3.  A list of the members shall be published by the Commission for information purposes in the Official Journal of the European Communities.  Article 6 1.  After consulting the Commission, the Committee shall elect a chairman for a period of three years.  The chairman shall be elected, in the case of the first ballot, by a two-thirds majority of the members present and, in the case of subsequent ballots, by a simple majority of the members present. In the event of a tie, the Commission shall provide a  chairman on a temporary basis.  2.  The Committee shall elect two vice-chairmen for a period of three years. The vice-chairmen may not represent the same interest as the chairman.  The election shall take place in accordance with the procedure laid down in paragraph 1.  The Committee may, in accordance with the same procedure, elect other officers. In that case, the officers  other than the chairman shall include not more than one representative of each interest represented on the Committee.  The officers shall prepare and organize the work of the Committee.  Article 7 1.  Only the Commission representatives, the members of the Committee, or persons replacing them in their absence, and persons invited in accordance with paragraphs 3 and 4 may participate in or attend meetings.  2.  Should a member be unable to attend a meeting, the organization or organizations to which a seat is allocated may appoint a person to take his place. This person shall be selected from a list drawn up by mutual agreement between the Commission and  the organization or organizations in question and containing a number of names equal to half the total number of members representing the organization or organizations in question.  This number shall be not less than one and not more than 12.  The secretariat of the Committee must be informed of such replacement of a member at least seven days before a meeting.  3.  At the request of an organization to which one or more seats are allocated on the Committee, the chairman may, in agreement with the Commission staff, invite its general secretary or a member of its secretariat to attend the meetings of the  Committee as an observer.  Should he be unable to attend, however, the general secretary may have his seat as an observer taken by another person designated by him.  Observes shall not have the right to speak. They may, however, be invited to do so by the chairman in agreement with the Commission staff.  4.  At the request of an organization to which one or more seats are allocated, and when the matters on the agenda are of a highly technical nature outside the normal framework of the deliberations of the Committee, the chairman may, in agreement with the Commission staff, invite one or more experts to take part in the deliberations of the Committee.  The Commission may, on its own initiative, invite any person particularly well qualified in one of the subjects on the agenda to take part in the deliberations of the Committee as an expert.  However, experts shall participate only in the discussion of the matter concerning which they were invited to attend.  Article 8 1.  The Committee shall be convened by the Commission and shall meet at Commission headquarters. Meetings of the officers shall be convened by the chairman in agreement with the Commission.  2.  Representatives of the Commission departments concerned shall take part in meetings of the Committee, its officers and the working groups.  3.  Secretarial services for the Committee, its officers and working groups shall be provided by the Commission.  Article 9 The Committee shall discuss matters on which the Commission has requested an opinion. No vote shall be taken.  The Commission may, when seeking the opinion of the Committee, set a time limit within which such opinion shall be given.  The views expressed by the various interests represented shall be included in a report forwarded to the Commission.  In the event of unanimous agreement being reached in the Committee on the opinion to be given, the Committee shall formulate joint conclusions which shall be annexed to the report.  The results of the Committee's discussions shall on request be communicated by the Commission to the Council and to the Management Committees.  Article 10 Without prejudice to Article 214 of the Treaty members of the Committee shall, if the Commission informs them that the opinion requested or the question raised is on a matter of a confidential nature, be under an obligation not to disclose  information which has come to their knowledge through the work of the Committee or of its working groups.  In such cases, only Committee members and representatives of the Commission departments may be present at mettings.  Article 11 Commission Decision 77/532/EEC is hereby repealed.  Article 12 This Decision shall enter into force on 1 January 1987.   Done at Brussels, 7 January 1987.  For the Commission Frans ANDRIESSEN Vice-President EWG:L111UMBE06.95 FF: 1UEN;   SETUP: 01;   Hoehe: 1371 mm;   223 Zeilen;   10082 Zeichen;  Bediener: MIKE   Pr.: C;  Kunde: ................................


title: Council Decision 2010/656/CFSP of 29 October 2010 renewing the restrictive measures against Côte d’Ivoire

text:
               30.10.2010

               EN

               Official Journal of the European Union

               L 285/28

         COUNCIL DECISION 2010/656/CFSP
   of 29 October 2010
   renewing the restrictive measures against Côte d’Ivoire
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 13 December 2004, the Council adopted Common Position 2004/852/CFSP concerning restrictive measures against Côte d’Ivoire (1) in order to implement the measures imposed against Côte d’Ivoire by United Nations Security Council Resolution (hereinafter ‘UNSCR’) 1572 (2004).

               (2)

               On 23 January 2006, the Council adopted Common Position 2006/30/CFSP (2) renewing the restrictive measures imposed against Côte d’Ivoire for a further period of 12 months and supplementing them with the restrictive measures imposed by point 6 of UNSCR 1643 (2005).

               (3)

               Following the renewal of the restrictive measures against Côte d’Ivoire by UNSCR 1842 (2008), on 18 November 2008, the Council adopted Common Position 2008/873/CFSP (3) further renewing the restrictive measures imposed against Côte d’Ivoire, with effect from 1 November 2008.

               (4)

               On 15 October 2010, the United Nations Security Council adopted UNSCR 1946 (2010) which renewed the measures imposed against Côte d’Ivoire by UNSCR 1572 (2004) and point 6 of UNSCR 1643 (2005) until 30 April 2011 and which amended the restrictive measures on arms.

               (5)

               The restrictive measures imposed against Côte d’Ivoire should therefore be renewed. In addition to the exemptions to the arms embargo provided for in UNSCR 1946 (2010), it is appropriate to amend the restrictive measures in order to exempt other equipment included autonomously by the Union.

               (6)

               Union implementing measures are set out in Council Regulation (EC) No 174/2005 of 31 January 2005 imposing restrictions on the supply of assistance related to military activities to Côte d’Ivoire (4), Council Regulation (EC) No 560/2005 of 12 April 2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire (5) and Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds (6),

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The sale, supply, transfer or export of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression, to Côte d’Ivoire by nationals of Member States or from the territories of Member States or using the flag vessels or aircraft of Member States shall be prohibited, regardless of whether such arms, related material and equipment originate in the territories of the Member States.
   2.   It shall also be prohibited:

               (a)

               to provide, directly or indirectly, technical assistance, brokering services and other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, Côte d’Ivoire;

               (b)

               to provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering service or other services to any natural or legal person, entity or body in, or for use in, Côte d’Ivoire.

         Article 2
   Article 1 shall not apply to:

               (a)

               supplies and technical assistance intended solely for the support of or use by the United Nations Operation in Côte d’Ivoire and the French forces who support them;

               (b)

               the following, as approved in advance by the Committee established by paragraph 14 of UNSCR 1572 (2004) (hereinafter the ‘Sanctions Committee’):

                           (i)

                           the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, including such equipment intended for Union, UN, African Union and Economic Community of West African States (ECOWAS) crisis management operations;

                           (ii)

                           the sale, supply, transfer or export of non-lethal military equipment intended solely to enable the security forces of Côte d’Ivoire to use only appropriate and proportionate force while maintaining public order;

                           (iii)

                           the provision of financing and financial assistance related to the equipment referred to in points (i) and (ii);

                           (iv)

                           the provision of technical assistance and training related to the equipment referred to in points (i) and (ii);

               (c)

               the sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to Côte d’Ivoire by United Nations personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only;

               (d)

               sales or supplies temporarily transferred or exported to Côte d’Ivoire to the forces of a state which is taking action, in accordance with international law, solely and directly to facilitate the evacuation of its nationals and those for whom it has consular responsibility in Côte d’Ivoire, as notified in advance to the Sanctions Committee;

               (e)

               the sale, supply, transfer or export of arms and related material and technical training and assistance intended solely for the support of, or use in, the process of restructuring defence and security forces pursuant to paragraph 3, subparagraph (f) of the Linas-Marcoussis Agreement, as approved in advance by the Sanctions Committee;

               (f)

               the sale, supply, transfer or export of non-lethal equipment capable of being used for internal repression and which is intended solely to enable the security forces of Côte d’Ivoire to use only appropriate and proportionate force while maintaining public order, as well as the provision of financing, financial assistance or technical assistance and training related to such equipment.

         Article 3
   The direct or indirect import of all rough diamonds from Côte d’Ivoire to the Union, whether or not such diamonds originated in Côte d’Ivoire, shall be prohibited in accordance with UNSCR 1643 (2005).
   Article 4
   1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons designated by the Sanctions Committee, who constitute a threat to the peace and national reconciliation process in Côte d’Ivoire, in particular those who block the implementation of the Linas-Marcoussis and Accra III Agreements, any other person determined as responsible for serious violations of human rights and international humanitarian law in Côte d’Ivoire on the basis of relevant information, any other person who incites publicly hatred and violence and any other person determined by the Sanctions Committee to be in violation of the measures imposed by paragraph 7 of UNSCR 1572 (2004).
   The persons referred to in the first subparagraph are listed in the Annex.
   2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
   3.   Paragraph 1 shall not apply where the Sanctions Committee determines that:

               (a)

               travel is justified on the grounds of urgent humanitarian need, including religious obligations;

               (b)

               an exemption would further the objectives of the UNSC Resolutions for peace and national reconciliation in Côte d’Ivoire and stability in the region.

         4.   In cases where, pursuant to paragraph 3, a Member State authorises the entry into, or transit through, its territory of persons designated by the Sanctions Committee, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
   Article 5
   1.   All funds and economic resources owned or controlled directly or indirectly by the persons or entities designated by the Sanctions Committee pursuant to Article 4(1) or held by entities owned or controlled directly or indirectly by them or by any persons acting on their behalf or at their direction, as designated by the Sanctions Committee, shall be frozen.
   The persons referred in the first subparagraph are listed in the Annex.
   2.   No funds, financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of persons or entities referred to in paragraph 1.
   3.   Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are:

               (a)

               necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

               (b)

               intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

               (c)

               intended exclusively for the payment of fees or service charges, in accordance with national laws, for the routine holding or maintenance of frozen funds and economic resources;

               (d)

               necessary for extraordinary expenses, after notification by the Member State concerned to the Sanctions Committee and approval by the latter;

               (e)

               the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered before designation by the Sanctions Committee of the person or entity concerned, and is not for the benefit of a person or entity referred to in this Article, after notification by the Member State concerned to the Sanctions Committee.

         The exemptions referred to in points (a), (b) and (c) of paragraph 3 may be made after notification to the Sanctions Committee by the Member State concerned of its intention to authorise, where appropriate, access to such funds and economic resources, and in the absence of a negative decision by the Sanctions Committee within two working days of such notification.
   4.   Paragraph 2 shall not apply to the addition to frozen accounts of:

               (a)

               interest or other earnings on those accounts; or

               (b)

               payments due under contracts, agreements or obligations that were concluded or arose before the date on which those accounts became subject to restrictive measures under Common Position 2004/852/CFSP or this Decision,

         provided that any such interest, other earnings and payments continue to be subject to paragraph 1.
   Article 6
   The Council shall establish the list in the Annex and amend it in accordance with determinations made by either the United Nations Security Council or the Sanctions Committee.
   Article 7
   1.   Where the Security Council or the Sanctions Committee designates a person or entity, the Council shall include such person or entity in the Annex. The Council shall communicate its decision, including the grounds for listing, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such person or entity with an opportunity to present observations.
   2.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity accordingly.
   Article 8
   1.   The Annex shall include the grounds for listing the persons and entities as provided by the Security Council or the Sanctions Committee.
   2.   The Annex shall also include, where available, information provided by the Security Council or by the Sanctions Committee necessary to identify the persons or entities concerned. With regard to persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. The Annex shall also include the date of designation by the Security Council or by the Sanctions Committee.
   Article 9
   Common Positions 2004/852/CFSP and 2006/30/CFSP are hereby repealed.
   Article 10
   1.   This Decision shall enter into force on the date of its adoption.
   2.   It shall be reviewed, amended or repealed as appropriate, in accordance with relevant decisions of the United Nations Security Council.

      Done at Brussels, 29 October 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  OJ L 368, 15.12.2004, p. 50.

      (2)  OJ L 19, 24.1.2006, p. 36.

      (3)  OJ L 308, 19.11.2008, p. 52.

      (4)  OJ L 29, 2.2.2005, p. 5.

      (5)  OJ L 95, 14.4.2005, p. 1.

      (6)  OJ L 358, 31.12.2002, p. 28.

      ANNEX

         List of persons referred to in Articles 4 and 5

                  Name (and possible aliases)

                  Identifying information (date and place of birth (d.o.b. and p.o.b.), passport (Pass.)/ID card number, etc.)

                  Grounds for designation

                  Date of UN designation

                  1.

                  BLÉ GOUDÉ, Charles (alias Général; Génie de kpo, Gbapé Zadi)

                  d.o.b.: 1.1.1972
                  Nationality: Ivorian
                  P.: 04LE66241 République de Côte d’Ivoire issued on 10.11.2005 valid until 9.11.2008
                  PD.: AE/088 DH 12 République de Côte d’Ivoire issued on 20.12.2002 valid until 11.12.2005
                  P.: 98LC39292 République de Côte d’Ivoire issued on 24.11.2000 valid until 23.11.2003
                  Place of birth: Guibéroua (Gagnoa) or Niagbrahio/Guiberoua or Guiberoua
                  Address known in 2001: Yopougon Selmer, Bloc P 170; also at Hotel Ivoire
                  Address declared in travel document No C2310421 issued by Switzerland on 15.11.2005 and valid until 31.12.2005: Abidjan, Cocody

                  Leader of COJEP (‘Young Patriots’) repeated public statements advocating violence against United Nations installations and personnel, and against foreigners; direction of and participation in acts of violence by street militias, including beatings, rapes and extrajudicial killings; intimidation of the United Nations, the International Working Group (IWG), the political opposition and independent press; sabotage of international radio stations; obstacle to the action of the IWG, the United Nations Operation in Côte d’Ivoire (UNOCI), the French forces and to the peace process as defined by resolution 1643 (2005).

                  7 February 2006

                  2.

                  DJUÉ, Eugène N’goran Kouadio

                  d.o.b.: 1.1.1966 or 20.12.1969
                  Nationality: Ivorian
                  P.: 04 LE 017521 issued on 10 February 2005 and valid until 10 February 2008

                  Leader of the Union des Patriotes pour la Libération Totale de la Côte d’Ivoire (UPLTCI). Repeated public statements advocating violence against United Nations installations and personnel, and against foreigners; direction of and participation in acts of violence by street militias, including beatings, rapes and extrajudicial killings; obstacle to the action of IWG, UNOCI, the French forces and to the peace process as defined by resolution 1643 (2005).

                  7 February 2006

                  3.

                  FOFIE, Martin Kouakou

                  d.o.b.: 1.1.1968
                  Nationality: Ivorian
                  Place of birth: BOHI, Côte d’Ivoire
                  Burkina Faso Identity Card Number: 2096927 issued on 17 March 2005
                  Burkina Faso Nationality Certificate: CNB N.076 (17 February 2003)
                  Father’s name: Yao Koffi FOFIE
                  Mother’s name: Ama Krouama KOSSONOU
                  Côte d’Ivoire Identity Card Number: 970860100249 issued on 5 August 1997 valid until 5 August 2007

                  Chief Corporal New Force Commandant, Korhogo Sector. Forces under his command engaged in recruitment of child soldiers, abductions, imposition of forced labour, sexual abuse of women, arbitrary arrests and extra-judicial killings, contrary to human rights conventions and to international humanitarian law: obstacle to the action of the IWG, UNOCI, French forces and to the peace process as defined by resolution 1643 (2005).

                  7 February 2006


Avis juridique important

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31999D0385

1999/385/EC, ECSC, Euratom: Council Decision of 31 May 1999 adopting the Council's Rules of Procedure

Official Journal L 147 , 12/06/1999 P. 0013 - 0022

COUNCIL DECISIONof 31 May 1999adopting the Council's Rules of Procedure(1999/385/EC, ECSC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 207(3), first subparagraph,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 30(3) thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 121(3) thereof,HAS DECIDED AS FOLLOWS:Sole ArticleThe Rules of Procedure of the Council of 6 December 1993 (93/662/EC), as amended on 6 February 1995 and 7 December 1998, shall be replaced by the following, which shall enter into force on 1 june 1999."RULES OF PROCEDURE OF THE COUNCILArticle 1Notice and venue of meetings1. The Council shall meet when convened by its President on his own initiative or at the request of one of its members or of the Commission.2. The President shall make known the dates which he envisages for meetings of the Council during his period of office as President, seven months before the beginning thereof.3. The Council shall have its seat in Brussels. During the months of April, June and October, the Council shall hold its meetings in Luxembourg.In exceptional circumstances and for duly substantiated reasons, the Council or the Permanent Representatives Committee (Coreper), acting unanimously, may decide that a Council meeting will be held elsewhere.Article 2Agenda1. The President shall draw up the provisional agenda for each meeting. The agenda shall be sent to the other members of the Council and to the Commission at least 14 days before the beginning of the meeting.2. The provisional agenda shall contain the items in respect of which a request for inclusion on the agenda, together with any documents relating thereto, has been received by the General Secretariat from a member of the Council or from the Commission at least 16 days before the beginning of that meeting.The provisional agenda shall also indicate the items on which the Presidency, a member of the Council or the Commission may request a vote.3. Items relating to the adoption of an act or a common position on a legislative proposal or a proposal for a measure to be adopted under Title VI of the EU Treaty shall not be placed on the provisional agenda for a decision until the six-week period provided for in point 3 of the Protocol on the role of national parliaments in the European Union has elapsed.The Council may unanimously derogate from the six-week period where the entry of an item is subject to the exception on grounds of urgency provided for in point 3 of that Protocol.4. Only items in respect of which the documents have been sent to the members of the Council and to the Commission at the latest by the date on which the provisional agenda is sent may be placed on that agenda.5. The General Secretariat shall transmit to the members of the Council and to the Commission requests for the inclusion of items in the agenda, documents and indications concerning voting relating thereto in respect of which the time limits specified above were not respected.6. The agenda shall be adopted by the Council at the beginning of each meeting. The inclusion in the agenda of an item other than those appearing on the provisional agenda shall require unanimity in the Council. Items entered in this way may be put to the vote.7. The provisional agenda shall be divided into Part A and Part B. Items for which approval of the Council is possible without discussion shall be included in Part A, but this does not exclude the possibility of any member of the Council or of the Commission expressing an opinion at the time of the approval of these items and having statements included in the minutes.8. However, an "A" item shall be withdrawn from the agenda, unless the Council decides otherwise, if a position on an "A" item might lead to further discussion thereof or if a member of the Council or the Commission so requests.9. Any request for the inclusion of an "other business" item shall, in principle, be accompanied by an explanatory document.Article 3Representation of a Council member unable to attendSubject to the provisions of Article 9 on the delegation of voting rights, a member of the Council who is prevented from attending a meeting may arrange to be represented.Article 4Meetings and public debates1. Meetings of the Council shall not be public except in the cases referred to in paragraph 2.2. The Council shall hold policy debates on the six-monthly work programme submitted by the Presidency and, if appropriate, on the Commission's annual work programme. These debates shall be the subject of public transmission by audiovisual means.The Council or Coreper may decide unanimously and on a case-by-case basis that other Council debates are to be the subject of public transmission by audiovisual means, in particular where they concern an important issue affecting the interests of the Union or an important new legislative proposal. To that end, it shall be for the Presidency, any member of the Council, or the Commission to propose issues or specific subjects for such a debate.3. The Commission shall be invited to take part in meetings of the Council. The same applies to the European Central Bank in cases where it exercises its right of initiative. The Council may, however, decide to deliberate without the presence of the Commission or of the European Central Bank.4. The members of the Council and of the Commission may be accompanied by officials who assist them. The number of such officials may be laid down by the Council.The names and functions of such officials shall be notified in advance to the Secretary-General or the Deputy Secretary-General.5. Admission to meetings of the Council shall be subject to the production of a pass.Article 5Professional secrecy and production of documents in legal proceedings1. Without prejudice to Article 7 and other applicable provisions, the deliberations of the Council shall be covered by the obligation of professional secrecy, except insofar as the Council decides otherwise.2. The Council or Coreper may authorise the production for use in legal proceedings of a copy of or an extract from Council documents which have not been released to the public pursuant to these Rules or the Council's rules on public access to its documents.Article 6Cases where the Council acts in its legislative capacityThe Council acts in its legislative capacity within the meaning of the second subparagraph of Article 207(3)of the EC Treaty when it adopts rules which are legally binding in or for the Member States, by means of regulations, directives, framework decisions or decisions, on the basis of the relevant provisions of the Treaties, with the exception of discussions leading to the adoption of internal measures, administrative or budgetary acts, acts concerning inter-institutional or international relations or non-binding acts (such as conclusions, recommendations or resolutions).Article 7Making deliberations public1. Where the Council acts in its legislative capacity within the meaning of Article 6, the results of votes and explanations of votes by Council members, as well as the statements in the Council minutes and the items in those minutes relating to the adoption of legislative acts, shall be made public.The results of votes and explanations of votes shall also be made public when the Council adopts a common position pursuant to Article 251 or 252 of the EC Treaty. The same rule shall apply for votes and explanations of votes by members of the Council or their representatives on the Conciliation Committee set up by Article 251 of the EC Treaty.2. The results of votes and explanations of votes shall also be made public when the Council establishes a convention on the basis of Title VI of the EU Treaty. The statements entered in the Council minutes and the items in those minutes relating to adoption of such conventions shall be made public by decision of the Council or Coreper, taken at the request of one of their members.3. The results of votes shall be made public:(a) when the Council acts pursuant to Title V of the EU Treaty, by a unanimous Council or Coreper Decision taken at the request of one of their members;(b) when the Council adopts a common position within the meaning of Title VI of the EU Treaty, by a unanimous Council or Coreper Decision taken at the request of one of their members;(c) in other cases, by Council or Coreper Decision taken at the request of one of their members.When the result of a vote in the Council is made public in accordance with subparagraphs (a), (b) and (c), the explanations of votes made when the vote was taken shall also be made public at the request of the Council members concerned, with due regard for these Rules of Procedure, legal certainty and the interests of the Council.Statements entered in the Council minutes and items in those minutes relating to the adoption of the acts referred to in subparagraphs (a), (b) and (c) shall be made public by Council or Coreper Decision taken at the request of one of their members.4. Votes shall not be made public in the case of discussions leading to indicative votes or the adoption of preparatory acts.Article 8Public access to Council documentsThe detailed arrangements for public access to Council documents shall be adopted by the Council.Article 9Voting arrangements and quorum1. The Council shall vote on the initiative of its President.The President shall, furthermore, be required to open a voting procedure on the initiative of a member of the Council or of the Commission, provided that a majority of the Council's members so decides.2. The members of the Council shall vote in the order of the Member States laid down in Article 203 of the EC Treaty and in the corresponding Articles of the other two Community Treaties, beginning with the member who, according to that order, follows the member holding the office of President.3. Where a vote is taken, any member of the Council may also act on behalf of not more than one other member.4. The presence of a majority of the members of the Council who are, under the Treaties, entitled to vote is required to enable the Council to vote.Article 10Written procedure1. Acts of the Council on an urgent matter may be adopted by a written vote where the Council or Coreper unanimously decides to use that procedure. In special circumstances, the President may also propose the use of that procedure; in such a case, written votes may be used where all members of the Council agree to that procedure.2. Agreement by the Commission to the use of the written procedure shall be required where the written vote is on a matter which the Commission has brought before the Council.3. A summary of acts adopted by the written procedure shall be drawn up every month.4. On the initiative of the Presidency, the Council may also act for the purpose of implementing the common foreign and security policy by means of the simplified written procedure (COREU). In that case the proposal shall be deemed to be adopted at the end of the period laid down by the Presidency depending on the urgency of the matter, except where a member of the Council objects.5. On the initiative of the Presidency, the Council may also act for the purpose of deciding to consult other institutions or bodies by means of a streamlined written procedure wherever such consultation is required by Community law. In that case the decision to consult shall be deemed to be adopted at the end of the period laid down by the Presidency depending on the urgency of the matter, except where a member of the Council objects.6. The General Secretariat shall establish that the written procedures have been completed.Article 11Minutes1. Minutes of each meeting shall be drawn up and, when approved, shall be signed by the President-in-Office at the time of such approval and by the Secretary-General or the Deputy Secretary-General.The minutes shall as a general rule indicate in respect of each item on the agenda:- the documents submitted to the Council,- the decisions taken or the conclusions reached by the Council,- the statements made by the Council and those whose entry has been requested by a member of the Council or the Commission.2. The draft minutes shall be drawn up by the General Secretariat within fifteen days and submitted to the Council or to Coreper for approval.3. Prior to such approval any member of the Council, or the Commission, may request that more details be inserted in the minutes regarding any item on the agenda. These requests may be made in Coreper.Article 12Deliberations and decisions on the basis of documents and drafts drawn up in the languages provided for by the language rules in force1. Except as otherwise decided unanimously by the Council on grounds of urgency, the Council shall deliberate and take decisions only on the basis of documents and drafts drawn up in the languages specified in the rules in force governing languages.2. Any member of the Council may oppose discussion if the texts of any proposed amendments are not drawn up in such of the languages referred to in paragraph l as he or she may specify.Article 13Signing of actsThe text of the acts adopted by the Council and that of the acts adopted jointly by the European Parliament and the Council shall be signed by the President-in-Office at the time of their adoption and by the Secretary-General or the Deputy Secretary-General. The Secretary-General and the Deputy Secretary-General may delegate their signatures to Directors-General of the General Secretariat.Article 14Absence of entitlement to voteFor the purposes of application of these Rules of Procedure, due account will be taken, in accordance with Annex I of cases in which, under the Treaties, one or more members of the Council are not entitled to vote.Article 15Publication of acts in the Official Journal1. The following shall be published in the Official Journal by the Secretary-General or the Deputy Secretary-General:(a) the acts referred to in Article 254(l) and (2) of the EC Treaty;(b) the acts referred to in the first paragraph of Article 163 of the Euratom Treaty;(c) the common positions adopted by the Council in accordance with the procedures referred to in Articles 251 and 252 of the EC Treaty, and the reasons underlying those common positions;(d) the framework decisions and decisions referred to in Article 34(2) of the EU Treaty;(e) the conventions established by the Council in accordance with Article 34(2) of the EU Treaty.Reference shall be made in the Official Journal to the entry into force of such conventions;(f) the conventions signed between Member States on the basis of Article 293 of the EC Treaty.Reference shall be made in the Official Journal to the entry into force of such conventions;(g) international agreements concluded by the Community or in accordance with Article 24 of the EU Treaty.Reference shall be made in the Official Journal to the entry into force of such agreements.2. Unless the Council or Coreper decides otherwise, the following shall be published in the Official Journal by the Secretary-General or the Deputy Secretary-General:(a) initiatives presented to the Council by a Member State pursuant to Article 67(1) of the EC Treaty;(b) initiatives presented to the Council by a Member State pursuant to Article 34(2) of the EU Treaty;(c) the common positions referred to in Article 34(2) of the EU Treaty;(d) directives other than those referred to in Article 254(1) and (2) of the EC Treaty, decisions other than those referred to in Article 254(1) of the EC Treaty and recommendations.3. The Council or Coreper shall decide unanimously, on a case-by-case basis, whether there should be publication in the Official Journal by the Secretary-General or the Deputy Secretary-General of the common strategies, the joint actions and the common positions referred to in Article 12 of the EU Treaty.4. The Council or Coreper shall decide, on a case-by-case basis and taking account of possible publication of the basic act, whether the following should be published in the Official Journal by the Secretary-General or the Deputy Secretary-General:(a) the measures implementing the joint actions referred to in Article 12 of the EU Treaty;(b) the joint actions, the common positions or any other decision adopted on the basis of a common strategy, as provided for in the first indent of Article 23(2) of the EU Treaty;(c) any measures implementing the decisions referred to in Article 34(2) of the EU Treaty and any measures implementing conventions drawn up by the Council in accordance with Article 34(2) of the EU Treaty.5. Where an agreement concluded between the Communities and one or more States or international organisations sets up a body vested with powers of decision, the Council shall decide, when such an agreement is concluded, whether decisions to be taken by that body should be published in the Official Journal.Article 16Notification of acts1. Directives other than those referred to in Article 254(1) and (2) of the EC Treaty and decisions other than those referred to in Article 254(1) of the EC Treaty shall be notified to their addressees by the Secretary-General, the Deputy Secretary-General or a Director-General acting on their behalf.2. When they are not published in the Official Journal, the following acts shall be notified to their addressees by the Secretary-General, the Deputy Secretary-General or a Director-General acting on their behalf:(a) recommendations;(b) the common strategies, joint actions and common positions referred to in Article 12 of the EU Treaty;(c) the common positions referred to in Article 34(2) of the EU Treaty;(d) measures implementing the acts adopted on the basis of Articles 12 and 34 of the EU Treaty.3. The Secretary-General, the Deputy Secretary-General or a Director-General acting on their behalf shall send to the Governments of the Member States and to the Commission authentic copies of Council Directives other than those referred to in Article 254(1) and (2) of the EC Treaty and Council Decisions and recommendations.Article 17 (1)Coreper, committees and working parties1. Coreper shall be responsible for preparing the work of the Council and for carrying out the tasks assigned to it by the Council. All items on the agenda for a Council meeting shall be examined in advance by Coreper unless the Council decides otherwise. Coreper shall endeavour to reach agreement at its level to be submitted to the Council for adoption. It shall ensure adequate presentation of the dossiers to the Council. In the event of an emergency, the Council, acting unanimously, may decide to settle the matter without prior examination.2. Committees or working parties may be set up by, or with the approval of, Coreper with a view to carrying out certain preparatory work or studies defined in advance.3. Coreper shall be chaired, depending on the items on the agenda, by the Permanent Representative or the Deputy Permanent Representative of the Member State which holds the Presidency of the Council. Unless the Council decides otherwise, the various committees provided for in the Treaties shall also be chaired by a delegate of that Member State. The same shall apply to the committees and working parties referred to in paragraph 2, unless Coreper decides otherwise. For the preparation of meetings of Council compositions meeting once every six months and held during the first half of this period, the meetings of committees other than Coreper and those of working parties held during the preceding six months may be chaired by a delegate of the Member State whose turn it is to chair the said Council meetings.4. Coreper may adopt the following procedural decisions, provided that the items relating thereto have been included on its provisional agenda at least three working days before the meeting. Unanimity on the part of Coreper shall be required for any derogation from that period:(a) decision to hold a Council meeting in a place other than Brussels or Luxembourg (second subparagraph of Article 1(3));(b) decision that certain Council debates may be transmitted to the public (second subparagraph of Article 4(2));(c) authorisation to produce a copy of or an extract from a Council document for use in legal proceedings (Article 5(2));(d) decision to make the results of votes public in the cases laid down in Article 7(2) and (3);(e) decision to use the written procedure (Article 10(1));(f) approval or amendment of Council minutes (Article 11(2) and (3));(g) decision to publish a text or an act in the Official Journal (Article 15(2), (3) and (4));(h) decision to consult an institution or body;(i) decision setting or extending a time-limit for consultation of an institution or body;(j) approval of the wording of a letter to be sent to an institution or body.Article 18 (2)Reports from committees and working partiesNotwithstanding the other provisions of these Rules of Procedure, the Presidency shall organise the meetings of the various committees and working parties so that their reports are available before the Coreper meetings at which they are to be examined.Article 19Quality of draftingIn order to assist the Council in its task of ensuring the drafting quality of the legislative acts which it adopts, the Legal Service shall be responsible for checking the drafting quality of proposals and draft acts at the appropriate stage, as well as for bringing drafting suggestions to the attention of the Council and its bodies, pursuant to the Interinstitutional Agreement of 22 December 1998.Article 20The General Secretariat1. The Council shall be assisted by a General Secretariat, under the responsibility of a Secretary-General, High Representative for the common foreign and security policy, who shall be. assisted by a Deputy Secretary-General responsible for the running of the General Secretariat. The Secretary-General and the Deputy Secretary-General shall be appointed by the Council acting unanimously.2. The Council shall decide on the organisation of the General Secretariat.Under its authority the Secretary-General and the Deputy Secretary-General shall take all the measures necessary to ensure the smooth running of the General Secretariat.3. The Secretary-General or the Deputy Secretary-General shall submit to the Council the draft estimate of the expenditure of the Council in sufficient time to ensure that the time limits laid down by the financial provisions are met.4. In accordance with the provisions of the Financial Regulation referred to in Article 279 of the EC Treaty and in the corresponding articles of the other two Community Treaties, the Secretary-General or the Deputy Secretary-General shall administer the appropriations entered in Section II - Council - of the budget.Article 21SecurityThe rules on security shall be adopted by the Council.Article 22Duties as depositary of agreements and conventionsIn the event of the Secretary-General of the Council being designated as depositary of an agreement concluded in accordance with Article 24 of the EU Treaty or concluded by the Community and one or more States or international organisations, of a convention concluded between Member States or of a convention established pursuant to Article 34 of the EU Treaty, the acts of ratification, acceptance or approval of those agreements or conventions shall be deposited at the address of the Council.In such instances the Secretary-General shall perform the duties of a depositary and shall also ensure that the dates of entry into force of such agreements or conventions are published in the Official Journal.Article 23Representation before the European ParliamentSubject to special procedures, the Council may be represented by the Presidency or by any other of its members before the European Parliament or its committees. The Council may also be represented before those committees by its Secretary-General, its Deputy Secretary-General or by senior officials of the General Secretariat acting on instructions from the Presidency.The Council may also present its views to the European Parliament by means of a written statement.Article 24Provisions concerning the form of actsThe provisions concerning the form of acts are set out in Annex II.Article 25Correspondence addressed to the CouncilCorrespondence to the Council shall be sent to the President at the following address of the Council: Council of the European Union Rue de la Loi/Wetstraat, 175 B - 1048 Brussels(1) These provisions are without prejudice to the role of the Economic and Financial Committee as resulting from Article 114 of the EC Treaty and existing Council Decisions relating to it (OJ L 358, 31.12.1998, p. 109, and OJ L 5, 1.1.1999,p. 71).(2) These provisions are without prejudice to the role of the Economic and Financial Committee as resulting from Article 114 of the EC Treaty and existing Council Decisions relating to it (OJ L 358, 31.12.1998, p. 109, and OJ L 5, 1.1.1999, p. 71).ANNEX I1. In application of the following provisions of these Rules of Procedure and for decisions in respect of which, under the Treaties, members of the Council or of Coreper are not entitled to vote, account is not to be taken of votes by such members:(a) Article 1(3), second subparagraph (holding of a meeting in a place other than Brussels or Luxembourg);(b) Article 2(6) (inclusion on the agenda of an item other than those appearing on the provisional agenda);(c) Article 2(8) (maintaining as a "B" item on the agenda an "A" item which would otherwise have had to be withdrawn from the agenda);(d) Article 4(3), as regards the presence of the European Central Bank only (deliberation without the presence of the European Central Bank);(e) Article 7(2) and (3), first subparagraph, points (b) and (c), second and third subparagraphs (making public the statements in the Council minutes and items in those minutes relating to the adoption of conventions established on the basis of Title VI of the EU Treaty; making public the results of votes, explanations of votes, statements in the Council minutes and items in those minutes relating to the adoption of a common position under Title VI of the EU Treaty; making public the results of votes, explanations of votes, statements in the Council minutes and items in those minutes relating to cases other than those referred to in paragraph 3);(f) Article 9(1), second subparagraph (opening of a voting procedure);(g) Article 10(1) (use of the written procedure);(h) Article 12(1) (decision to deliberate and take decisions exceptionally on the basis of documents and drafts not drawn up in all the languages);(i) Article 15(2)(a) and (b) (non-publication in the Official Journal of an initiative presented by a Member State pursuant to Article 67(1) of the EC Treaty or Article 34(2) of the EU Treaty);(j) Article 15(2)(c) and (d) (non-publication in the Official Journal of a common position adopted on the basis of Article 34 of the EU Treaty or certain Directives, Decisions and Recommendations);(k) Article 15(4)(c) (publication in the Official Journal of any measures implementing decisions or conventions referred to in Article 34(2) of the EU Treaty);(l) Article 15(5) (whether to publish in the Official Journal decisions taken by a body set up under an international agreement).2. A member of the Council or of Coreper may not make use of the following provisions of these Rules of Procedure in connection with decisions on which, under the Treaties, that member is not entitled to vote:(a) Article 2(8) (possibility of a member of the Council requesting withdrawal of an "A" item from the agenda);(b) Article 9(1), second subparagraph (possibility of a member of the Council requesting the opening of a voting procedure);(c) Article 9(3) (possibility of a member of the Council acting on behalf of another in a vote);(d) Article 12(2) (possibility for any member of the Council to oppose discussion if the texts of any proposed amendments are not drawn up in the language he or she has specified).ANNEX IIProvisions concerning the form of actsA. Form of Regulations1. Regulations adopted jointly by the European Parliament and the Council and Council regulations shall include:(a) in their title the word "Regulation", followed by a serial number, the date of their adoption and an indication of their subject matter;(b) the words "The European Parliament and the Council of the European Union" or "The Council of the European Union", as appropriate;(c) a reference to the provisions under which the Regulation is adopted, preceded by the words "Having regard to";(d) a citation containing a reference to proposals submitted and to opinions obtained and consultations held;(e) a statement of the reasons on which the Regulation is based, preceded by the word "Whereas:", the recitals being numbered;(f) the words "have adopted this Regulation" or "has adopted this Regulation", as appropriate, followed by the enacting terms of the regulation.2. Regulations shall be divided into articles, if appropriate grouped into chapters and sections.3. The final article of a Regulation shall fix the date of entry into force, where that date is before or after the twentieth day following publication.4. The final article of a Regulation shall be followed by:(a) (i) the words "This Regulation shall be binding in its entirety and directly applicable in all Member States."or(ii) the words "This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community" in any cases in which an act is not applicable to, and in, all Member States;(b) the words "Done at...", followed by the date on which the regulation was adopted, and(c) in the case of:(i) a Regulation adopted jointly by the European Parliament and the Council, the formula:"For the European ParliamentThe PresidentFor the CouncilThe President,"followed by the name of the President of the European Parliament and of the President-in-Office of the Council at the time when the regulation is adopted;(ii) a Council Regulation, the formula:"For the Council,The President,"followed by the name of the President-in-Office of the Council at the time when the Regulation is adopted.B. Form of Directives, Decisions, recommendations and Opinions (EC Treaty)1. Directives and decisions adopted jointly by the European Parliament and the Council, and directives and decisions of the Council, shall include in their titles the word "Directive" or "Decision".2. Recommendations and opinions issued by the Council shall include in their titles the word "Recommendation" or "Opinion".3. The provisions relating to regulations set out in A above shall apply mutatis mutandis, subject to the relevant provisions of the EC Treaty, to Directives and Decisions.C. Form of common strategies of the European Council, joint actions and common positions referred to in Article 12 of the EU TreatyCommon strategies, joint actions and common positions within the meaning of Article 12 of the EU Treaty shall bear one of the following headings, as appropriate:(a) "European Council Common Strategy", a serial number (year/number/CFSP), the date of adoption and the subject matter;(b) "Council Joint Action", a serial number (year/number/CFSP), the date of adoption and the subject matter;(c) "Council Common Position", a serial number (year/number/CFSP), the date of adoption and the subject matter.D. Form of common positions, framework decisions, decisions and conventions referred to in Article 34(2) of the EU TreatyCommon positions, framework decisions, decisions and conventions within the meaning of Article 34(2) of the EU Treaty shall bear one of the following headings, as appropriate:(a) "Council Common Position", a serial number (year/number/JHA), the date of adoption and the subject matter;(b) "Council Framework Decision", a serial number (year/number/JHA), the date of adoption and the subject matter;(c) "Council Decision", a serial number (year/number/JHA), the date of adoption and the subject matter;(d) "Convention established by the Council in accordance with Article 34 of the Treaty on European Union" and the subject matter."Done at Brussels, 31 May 1999.For the CouncilThe PresidentJ. FISCHER


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32000D0248

2000/248/EC: Council Decision of 20 March 2000 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Republic of Cyprus

Official Journal L 078 , 29/03/2000 P. 0010 - 0016

Council Decisionof 20 March 2000on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Republic of Cyprus(2000/248/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 555/2000 of 13 March 2000 on the implementation of operations in the framework of the pre-accession strategy for the Republic of Cyprus and the Republic of Malta(1).Having regard to the proposal from the Commission,Whereas:(1) The Luxembourg European Council stated that the Accession Partnership is a new instrument and the key feature of the enhanced pre-accession strategy.(2) Regulation (EC) No 555/2000 complements Regulation (EC) No 622/98(2) which provides that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual Accession Partnerships, as they will be submitted to each applicant country, as well as on subsequent significant adjustments applicable to them.(3) Community assistance is conditional on the fulfilment of essential elements, and in particular on progress towards fulfilment of the Copenhagen criteria. Where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance.(4) The 1999 Commission's regular report presented an objective analysis on the Republic of Cyprus' preparations for membership and identified a number of priority areas for further work.(5) In order to prepare for membership, the Republic of Cyprus should prepare a national programme for the adoption of the acquis. This programme should set out a timetable for achieving the priorities and intermediate objectives established in the Accession Partnership,HAS DECIDED AS FOLLOWS:Article 1In accordance with Article 1(2) of Regulation (EC) No 555/2000 the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership for the Republic of Cyprus are set out in the Annex hereto, which forms an integral part of this Decision.Article 2The implementation of the Accession Partnership shall be examined in the Association Agreement bodies as appropriate, and through the competent Council bodies to which the Commission shall report regularly.Article 3This Decision shall enter into force on the third day following its publication in the Official Journal of the European Communities.Done at Brussels, 20 March 2000.For the CouncilThe PresidentJ. Gama(1) OJ L 68, 16.3.2000, p. 3.(2) Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships (OJ L 85, 20.3.1998, p. 1).ANNEXCYPRUS: 1999 ACCESSION PARTNERSHIP1. OBJECTIVESThe purpose of the Accession Partnership is to set out in a single framework the priority areas for further work identified in the Commission's 1999 regular report on the progress made by Cyprus towards membership of the European Union, the financial means available to help Cyprus implement these priorities and the conditions which will apply to that assistance. This Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate countries in their preparations for membership. These include, inter alia, the national programme for the adoption of the acquis, the joint assessment of medium-term economic policy priorities, the pact against organised crime as well as the national development plans and other sectoral plans necessary for the participation in Structural Funds after membership. Each of these instruments is different in nature and is prepared and implemented according to specific procedures. They are not an integral part of this Partnership but the priorities they contain will be compatible with it.2. PRINCIPLESThe main priority areas identified for each candidate country relate to their ability to assume the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate country has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid, the European Council stressed the need for the candidate countries to adjust their administrative structures to ensure the harmonious operation of Community policies after accession and at Luxembourg, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied.3. PRIORITIES AND INTERMEDIATE OBJECTIVESThe Commission's regular reports have highlighted the extent of the efforts which still have to be made in certain areas by the candidate countries to prepare for accession. This situation requires the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the countries concerned, the achievement of which will condition the degree of assistance granted and the progress of the negotiations under way with some countries and the opening of new negotiations with the others. The priorities and intermediate objectives are divided into two groups - short- and medium-term. Those listed under the short term have been selected on the basis that it is realistic to expect that Cyprus can complete or take them substantially forward by the end of 2000. The priorities listed under the medium term are expected to take more than one year to complete although work should, wherever possible, also begin on them during 2000.Cyprus has been invited to prepare a national programme for the adoption of the acquis (NPAA). It will set out a timetable for achieving priorities and intermediate objectives, based on the Accession Partnership, as well as necessary administrative structures and financial resources.The Accession Partnership indicates the priority areas for Cyprus' membership preparations. Cyprus will nevertheless have to address all issues identified in the regular report. It is also important that Cyprus fulfils the commitments of legislative approximation and implementation of the acquis in accordance with the commitments made under the Association Agreement, the screening exercise and the negotiation process. It should be recalled that incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's regular report, the following short- and medium-term priorities and intermediate objectives have been identified for Cyprus.3.1. Short term (2000)Political criteria- maximise efforts to support a settlement under the auspices of the UN.Economic criteria- correct the widening of the fiscal and current account deficits,- strengthen effectiveness of monetary policy and effective liberalisation of capital movement by abolishing the interest rate ceiling on all lending operations,- bring the cooperative credit and savings societies sector in line with the acquis and international accounting standards.Internal Market- public procurement: further harmonise legislation with regard to publication, time limits and review bodies; extend the law to local authorities and bodies governed by public law,- industrial and intellectual property rights: align and enforce trade mark, copyright and neighbouring rights legislation; reinforce administrative capacity and the fight against counterfeiting especially by strengthening border controls,- free movement of goods: adopt horizontal legislation on standardisation and certification; transpose sectoral legislation in the field of motor vehicles, pharmaceuticals, chemicals, cosmetics and hygiene requirements in foodstuffs; accelerate adoption of EN standards; strengthen administrative structures in particular on standards, certification and accreditation and continue transposition of new approach Directives,- free movement of capital: continue to align rules on medium- and long-term capital operations and prepare the way for subsequent liberalisation of short term operations, notably by introduction of market interest rates,- competition: complete anti-trust legislation; align State aid legislation and increase transparency of indirect aid,- telecommunications: develop new law on telecommunications to align with the acquis; establish an independent regulatory authority,- taxation: pursue VAT harmonisation diminishing the zero-rate extension and abolishing special VAT regime for offshore companies; abolish all excise duty discrimination against imports from the EU, introduce tax warehouse system and the movement procedures of excisable goods; ensure that new tax measures comply with the principles of the code of conduct for business taxation,- customs: adopt a pre-accession strategy for the harmonisation of the Cypriot customs legislation; accelerate computerisation process.Agriculture- prepare measures required to implement and establish administrative structures for the common agricultural policy and rural development policies,- continue alignment of veterinary and phytosanitary legislation; upgrade inspection arrangements, in particular at future external borders.Fisheries- align legislation further with the acquis in the field of licensing for fishing vessels under Cypriot flag; further strengthen the administrative capacity notably in the areas of inspection and control of the fishing vessels and the establishment of a separate fishing fleet register.Environment- complete transposition and enforce the environmental impact assessment Directive,- adopt a strategy and detailed directive-specific programme for the transposition, implementation and enforcement of the EU environmental acquis,- accelerate transposition, particularly in the fields of water quality, waste management and air quality,- develop a plan for financing investments (directive specific), based on estimations of costs of alignment and realistic sources of public and private finance year-by-year.Employment and social affairs- support social partners' capacity-building efforts to develop and implement the acquis,- strengthen administrative capacity in the fields of labour law, equal opportunities and coordination of social security,- strengthen enforcement structures in the fields of health and safety at work (in particular the Labour Inspectorate).Transport- align maritime transport legislation and enforce safety standards (reduce the high detention rate of Cyprus flag vessels); adopt an action plan on monitoring classification societies and improving performance of the Cyprus flag register.Justice and home affairs- adopt and implement asylum legislation in accordance with the EU acquis,- ensure regular and complete reporting by the offshore banking sector,- upgrade border control equipment and improve training of personnel to prevent illegal immigration, ensure further progress in the detection of forged documents,- ratify the European Convention on Mutual Assistance and its protocol and the European Criminal Law Convention on Corruption, sign the OECD Convention on bribery,- regarding money laundering, reinforce administrative structure; increase resources in the unit for combating money laundering particularly on the prevention side; increase its strategic analysis function especially regarding data on suspicious transactions provided by the Central Bank and other financial institutions.Reinforcement of administrative and judicial capacity including capacity to manage and control EU funds- complete the legislative framework for internal and external financial control; set up a central organisation within the government for harmonising internal audit/control functions; set up internal audit/control units in spending centres; introduce "functional independence" for national, internal controllers/auditors at both central and decentralised levels and ex-ante financial control; issue an audit manual and develop audit trails for the control of EU funds,- make available GDP/capita data in accordance with EU methodology.3.2. Medium termEconomic criteria- implement programme for liberalisation of utilities,- complete the structural reform programme, in particular in the financial sector,- liberalise further capital account operations regarding direct investment, real estate investment, portfolio transactions, financial credits and the opening of deposits abroad; liberalise foreign participation in financial services, oil refining, tourism and trading,- continue efforts to improve the conditions for enterprise creation and development, with particular attention to small- and medium-sized enterprises,- continue efforts to restructure the textile sector,- establish an annual fiscal surveillance procedure aimed to bring the reporting, monitoring and control of public finances, specifically fiscal positions, in line with EU procedures.Internal Market- public procurement: remove the preferential treatment clause in favour of local production by end of 2002,- company law: transpose second and twelfth company law Directives; further align with the first, third and sixth Directives; implement the acquis on balance sheets and profit/loss accounts; align with EU accounting rules for private exempt companies,- data protection: adopt national legislation, including establishment of an independent supervisory authority,- free movement of goods: continue transposition in the field of legal metrology and for machines, lifts, construction products, gas appliances, electrical equipment, medical devices and personal protective equipment; complete transposition of new approach directives,- free movement of capital: abolish remaining restrictions and authorisation procedures,- free movement of persons: complete alignment of mutual recognition of diplomas,- competition: reinforce competition authorities; ensure compliance of the State aid legislation,- telecommunication: complete alignment of regulatory framework, in particular in the fields of licensing, interconnection and universal service, numbering and data protection; complete the creation of an independent regulatory authority by end of 2002; terminate monopoly of voice telephony,- taxation: complete the alignment of VAT system and increase the excise duties rates to the EU minimum levels; review existing laws and ensure compatibility with the code of conduct for business taxation,- consumer protection: continue alignment and strengthen market surveillance and enforcement authorities,- customs: accelerate the legislative harmonisation including introduction of customs regimes with economic impact and simplified procedures; strengthen the institutional and administrative capacity; continue fight against fraud and corruption.Agriculture- continue preparations for implementation of the common agricultural policy and rural development policies.Environment- complete transposition; continue to strengthen the institutional, administrative and monitoring capacity to ensure environmental protection,- implement waste management strategy,- integrate sustainable development principles into the definition and implementation of all other sectoral policies.Energy- align oil-stock requirements; incorporate national regulatory energy objectives for emission control in power stations and use of unleaded gasoline, as well as the use of low sulphur diesel into the legal framework; further improve energy efficiency,- prepare for the internal energy market, notably the electricity and gas Directives (including adaptation of energy prices to cost levels and the establishment of a regulator),- continue to improve energy efficiency.Employment and social affairs- transpose and implement EU legislation in the field of occupational health and safety, labour law, equal treatment of women and men and public health; reinforce related administrative structures and those required for the coordination of social security,- prepare a national employment strategy, with the help of the joint employment policy review, with a view to later participation in the European employment strategy.Economic and social cohesion- develop a national policy for economic and social cohesion with a view to diminishing internal disparities and preparing for Structural Funds implementation including pluriannual budgeting procedures and establishing structures for monitoring appraisal and evaluation.Transport- complete alignment and implement legislation on road transport (market access, road safety, rules for dangerous goods and taxation), maritime transport legislation and aviation (particularly air safety and air traffic management).Justice and home affairs- further upgrade law enforcement bodies and the judiciary (staff numbers, training and equipment) to continue the fight against organised crime, trafficking in women and children, drug trafficking and corruption, ensure better coordination between law enforcement bodies,- continue progressive alignment of visa legislation and practice with that of the EU,- ensure effective application of international instruments on judicial cooperation, especially the European Convention on Mutual Assistance in Penal Matters and its additional Protocol, the European Criminal Law Convention on Corruption, as well as the Hague Convention on Civil Procedure and on Access to Justice.Reinforcement of administrative and judicial capacity including capacity to manage and control EU funds- strengthen public financial control functions through the provision of adequate staff, training and equipment.4. PROGRAMMINGThe fourth Financial Protocol (30 October 1995 to 31 December 1998) was extended by one year (until the end of 1999). The Protocol is the sole EU financial instrument (apart from EIB loans) to support activities resulting from Cyprus' pre-accession strategy.In 1998, EUR 4,65 million were committed and for 1999, EUR 5 million are available. Under these national allocations, Cyprus can also fund part of its participation in Community programmes including in the fifth research and technological development framework programme.Financial assistance from the year 2000 will be determined once the draft regulation on pre-accession finance has been adopted by the Council.Activities financed as from the year 2000, will focus assistance on the adoption of the Community acquis on the basis of the priorities set out in this Accession Partnership as well as on promoting joint activities between the Greek-Cypriot and Turkish-Cypriot communities on the island.Cyprus is eligible for EIB loan finance under the Euro-Med mandate and the pre-accession facility. Moreover, there are also EUR 50 million of EIB loans available under the fourth Financial Protocol between Cyprus and the EU.5. CONDITIONALITYCommunity assistance for financing projects is conditional on respect by Cyprus of its commitments under the Association Agreement, further steps towards satisfying the Copenhagen criteria and in particular progress in meeting the specific priorities of this Accession Partnership in 2000. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.6. MONITORINGThe implementation of the Accession Partnership is monitored in the framework of the Association Agreement and in particular in the Association Committee. The Accession Partnership will be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98.


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31996D0253

96/253/Euratom: Council Decision of 4 March 1996 adapting Decision 94/268/Euratom concerning a framework programme of Community activities in the field of research and training for the European Atomic Energy Community (1994 to 1998), following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union

Official Journal L 086 , 04/04/1996 P. 0072 - 0074

COUNCIL DECISION of 4 March 1996 adapting Decision 94/268/Euratom concerning a framework programme of Community activities in the field of research and training for the European Atomic Energy Community (1994 to 1998), following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union (96/253/Euratom) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 7 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, by Decision 94/268/Euratom (4), the Council adopted a framework programme of Community activities in the field of research and training for the European Atomic Energy Community for 1994 to 1998; whereas Article 1 (3) of that Decision states that the amount deemed necessary for Community financial participation in the framework programme shall be ECU 1 254 million, and that, of this, ECU 617 million shall be the indicative amount for the period 1994 to 1996 and ECU 637 million shall be the indicative amount for the period 1997 to 1998;Whereas Article 4 (1) of the Decision states that the framework programme shall be adapted or supplemented as the situation changes; whereas the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union makes financial adjustment necessary because of the resulting increase in both Community resources devoted to and expenditure on research and development;Whereas, under the scientific and technical cooperation agreements signed with the Kingdom of Sweden, that State was already participating in some Community research activities relating to controlled thermonuclear fusion and radiation protection in return for a financial contribution classed as 'additional appropriations` for expenditure in respect of research activities;Whereas this Decision is limited to the adjustment of the financial amounts made necessary by the accession of Austria, Finland and Sweden and does not modify the technical and scientific objectives, priorities, activities in the various areas, selection criteria and other provisions specified in the framework programme;Whereas, as a result, the framework programme amount deemed necessary should be increased and the additional funds allocated in a linear fashion between the activities of the framework programme; whereas the principle of linearity should also apply in the implementation of all activities of the framework programme in accordance with Article 2 of the framework programme;Whereas Decision No 1110/94/EC of the European Parliament and of the Council of 26 April 1994 concerning the fourth framework programme of the European Community activities in the field of research and technological development and demonstration (1994 to 1998) (5) and Decision 94/268/Euratom were adopted simultaneously and for the same period; whereas the same should apply to the Decisions adapting the two framework programmes,HAS DECIDED AS FOLLOWS:Sole Article Decision 94/268/Euratom is hereby amended as follows:1. in Article 1 (3):'1 254` shall be replaced by '1 336`,'617` shall be replaced by '769`,'637` shall be replaced by '567`, and'1 359` shall be replaced by '1 441`;2. Annex I shall be replaced by the text appearing in the Annex to this Decision.Done at Brussels, 4 March 1996.For the CouncilThe PresidentP. BARATTA(1) OJ No C 142, 8. 6. 1995, p. 18.(2) OJ No C 249, 25. 9. 1995, p. 47.(3) OJ No C 256, 2. 10. 1995, p. 12.(4) OJ No L 115, 6. 5. 1994, p. 31.(5) OJ No L 126, 18. 5. 1994, p. 1.ANNEX 'ANNEX IFRAMEWORK PROGRAMME (1994 to 1998)AMOUNT AND INDICATIVE BREAKDOWN>TABLE>


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31996D0613(02)

Council Decision of 20 May 1996 appointing a member of the Economic and Social Committee

Official Journal C 169 , 13/06/1996 P. 0002 - 0002

COUNCIL DECISION of 20 May 1996 appointing a member of the Economic and Social Committee (96/C 169/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 195 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,Having regard to the Council Decision of 26 September 1994 appointing the members of the Economic and Social Committee for the period ending on 20 September 1998 (1),Whereas a seat has become vacant on the Economic and Social Committee following the resignation of Mr Liam CONNELLAN, communicated to the Council on 20 December 1995;Having regard to the nominations submitted by the Irish Government on 22 March 1996,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole Article Mr Harry BYRNE is hereby appointed a member of the Economic and Social Committee in place of Mr Liam CONNELLAN for the remainder of the latter's term of office, which expires on 20 September 1998.Done at Brussels, 20 May 1996.For the CouncilThe PresidentP. BERSANI(1) OJ No L 257, 5. 10. 1994, p. 20.


title: 2010/406/: Council Decision of 12 July 2010 concerning the allocation of the funds decommitted from projects under the ninth and previous European Development Funds (EDF) for the purpose of addressing the needs of the most vulnerable population in Sudan

text:
               22.7.2010

               EN

               Official Journal of the European Union

               L 189/14

         COUNCIL DECISION
   of 12 July 2010
   concerning the allocation of the funds decommitted from projects under the ninth and previous European Development Funds (EDF) for the purpose of addressing the needs of the most vulnerable population in Sudan
   (2010/406/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on the financing of Community aid under the multi-annual financial framework for the period 2008 to 2013 in accordance with the ACP-EC Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (1), and in particular Article 1(4) and Article 6 thereof,
   Whereas:

               (1)

               The Government of Sudan decided not to ratify the Partnership Agreement between the Members of the African, Caribbean and Pacific group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (2), as first amended in Luxembourg on 25 June 2005 (3), thereby losing access to the 10th European Development Fund (EDF) National Indicative Programme (NIP) with a total allocation of EUR 294,9 million, which is now kept in the 10th EDF.

               (2)

               The current political situation in Sudan, as well as the humanitarian crisis in Darfur, South Sudan, East Sudan and the Transitional Areas, requires a strong engagement of the European Union, including through the provision of vital assistance to the Sudanese population. The gap left by the non-availability of the 10th EDF will seriously reduce the capacity of the Union to assist the population and to help stabilise the country, which could have consequences for the wider region.

               (3)

               In order to bridge the financing gap which will occur, it is appropriate to use funds decommitted from the ninth and previous EDFs.

               (4)

               The funds should be used to address the needs of the most vulnerable populations in Sudan, in particular in the conflict-affected areas, including Darfur, South Sudan, East Sudan and the Transitional Areas. They will be allocated on the basis of a financing decision to be adopted by the Commission. Provision should also be made to cover the cost of support measures.

               (5)

               These funds should be managed through centralised and joint management and, for the purpose of simplification, according to the implementation arrangements for the 10th EDF,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   An amount of EUR 150 million from the funds decommitted from projects under the ninth and previous EDFs shall be allocated for the purpose of addressing the needs of the most vulnerable population in Sudan; 2 % of this amount shall be allocated for support expenditure by the Commission.
   2.   These funds shall be managed through centralised and joint management in accordance with the rules and procedures applicable for the 10th EDF.
   Article 2
   This Decision shall enter into force on the day following its adoption.

      Done at Brussels, 12 July 2010.

            For the Council

            The President

         S. LARUELLE

      (1)  OJ L 247, 9.9.2006, p. 32.

      (2)  OJ L 317, 15.12.2000, p. 3.

      (3)  OJ L 209, 11.8.2005, p. 27.


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31997D0100

97/100/CFSP: Council Decision of 20 January 1997 amending Decision 96/613/CFSP on the joint action adopted by the Council on the basis of Article J.3 of the Treaty on European Union concerning the control of exports of dual-use goods

Official Journal L 034 , 04/02/1997 P. 0001 - 0002

COUNCIL DECISION of 20 January 1997 amending Decision 96/613/CFSP on the joint action adopted by the Council on the basis of Article J.3 of the Treaty on European Union concerning the control of exports of dual-use goods (97/100/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article J.3 thereof,Having regard to the general guidelines given by the European Council held at Lisbon on 26 and 27 June 1992,Having regard to Council Decision 96/613/CFSP of 22 October 1996 amending Decision 94/942/CFSP on the joint action adopted by the Council on the basis of Article J.3 of the Treaty on European Union concerning the control of exports of dual-use goods (1),Having regard to the Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction, opened for signature in Paris on 13 January 1993, to which all Member States are signatories,Whereas the lists of goods in Annexes I and IV to Decision 96/613/CFSP should be updated,HAS DECIDED AS FOLLOWS:Article 11. The list of dual-use goods in Annex I to Decision 96/613/CFSP, referred to in Article 1 of that Decision and in Article 3 (1) of Council Regulation (EC) No 3381/94 of 19 December 1994 setting up a Community regime for the control of exports of dual-use goods (2), shall be amended in accordance with Annex I hereto.2. Annex IV to Decision 96/613/CFSP, referred to in Article 4 of that Decision and in Article 19 (1) (b) of Regulation (EC) No 3381/94, shall be amended in accordance with Annex II hereto.Article 2This Decision shall be published in the Official Journal.Article 3This Decision shall enter into force on the day of its publication.It shall apply from 29 April 1997.Done at Brussels, 20 January 1997.For the CouncilThe PresidentH. VAN MIERLO(1) OJ No L 278, 30. 10. 1996, p. 1.(2) OJ No L 367, 31. 12. 1994, p. 1. Regulation as amended by Regulation (EC) No 837/95 (OJ No L 90, 21. 4. 1995, p. 1).ANNEX I Annex I to Decision 96/613/CFSP shall be amended as follows:1. After entry 1C350, insert on a new line after 'as follows`: the following:'NB: SEE ALSO 1C450.`2. After entry 1C354, insert the following new entry:'>TABLE>`ANNEX II Annex IV to Decision 96/613/CFSP shall be amended as follows:At the end of Annex IV, the following shall be inserted:'CHEMICAL WEAPONS CONVENTION>TABLE>`.