title: 2008/721/EC: Commission Decision of 5 August 2008 setting up an advisory structure of Scientific Committees and experts in the field of consumer safety, public health and the environment and repealing Decision 2004/210/EC (Text with EEA relevance)

text:
               10.9.2008

               EN

               Official Journal of the European Union

               L 241/21

      COMMISSION DECISION

   of 5 August 2008
   setting up an advisory structure of Scientific Committees and experts in the field of consumer safety, public health and the environment and repealing Decision 2004/210/EC
   (Text with EEA relevance)
   (2008/721/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Articles 152 and 153 thereof,
   Whereas:

               (1)

               Three Scientific Committees were established by Commission Decision 2004/210/EC (1), as amended by Commission Decision 2007/263/EC (2): the Scientific Committee on Consumer Products (SCCP), the Scientific Committee on Health and Environmental Risks (SCHER), the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR).

               (2)

               Certain tasks of the SCHER have been transferred to the European Chemical Agency (ECHA) established by Regulation (EC) No 1907/2006 of the European Parliament and of the Council (3), and therefore the fields of competence of that Committee should be revised.

               (3)

               The experience with the functioning of the three Scientific Committees shows the need to introduce modifications and improvements in the structure and working procedures of the Committees.

               (4)

               The terms of office of the members of three Scientific Committees established by Commission Decision 2004/210/EC was prolonged by Commission Decision 2007/708/EC (4) and come to an end on 31 December 2008. Members of those committees remain in office until they are replaced or their appointments are renewed.

               (5)

               Therefore, and for the sake of clarity, it is necessary to replace Decision 2004/210/EC with a new Decision.

               (6)

               Sound and timely scientific advice is an essential requirement for Commission proposals, decisions and policy relating to consumer safety, public health and the environment. A flexible advisory structure is necessary in that respect, in order to ensure easier access to highly qualified scientific expertise in a wide range of fields.

               (7)

               The scientific advice on matters relating to consumer safety, public health and the environment must be based on the principles of excellence, independence and impartiality, and transparency, as developed in the Commission Communication on ‘The collection and use of expertise by the Commission: principles and guidelines. Improving the knowledge for better policies’ (5), and it must be organised in conformity with best practice principles of risk assessment.

               (8)

               It is essential that the Scientific Committees make best use of scientific expertise in the EU and beyond as may be necessary for a specific question. To that aim a pool of Scientific Advisors should be established adequately covering the fields of competence of the Committees.

               (9)

               The reorganisation of the advisory structure must provide increased flexibility to allow it to advise the Commission on matters falling under established areas of competence as well as on emerging and newly identified health risks and matters not within the competence of other Community risk assessment bodies, and must be able to provide rapid advice when needed, ensure full transparency and a high level of consistency and collaboration with other Community bodies and relevant scientific organisations.

               (10)

               The need for independent scientific advice both in established and new areas of Community responsibilities falling within the competence of the Scientific Committees is likely to continue to increase. The scientific advice structure on risk assessment needs therefore to be reinforced, in its composition as well as by more effective working practices.

               (11)

               Various Community bodies have been established which have among their tasks the assessment of risks in various domains. It is necessary to ensure consistency and promote coordination between the Scientific Committees and such bodies. The Scientific Committees need to reinforce their effectiveness also by appropriate exchanges of information and expertise and through collaboration with other scientific bodies and organisation at national and international level.

               (12)

               The working practices of the Scientific Committees should be improved by including, in addition to the internal work, the organisation of scientific meetings and workshops and the establishment of networks.

               (13)

               While preserving full independence, it is important to ensure openness and transparency of the work of the Scientific Committees by establishing appropriate stakeholder dialogue procedures.

               (14)

               The openness and transparency sought in the implementation of this Decision should be ensured while fully respecting the requirements laid down in the Community legislation with regard to the protection of personal data and to the access of the public to documents, including the protection of commercial confidentiality,

         HAS DECIDED AS FOLLOWS:
   CHAPTER 1
   GENERAL PROVISIONS
   Article 1
   The advisory structure and its fields of competence
   1.   An advisory structure on scientific risk assessment in the areas of consumer safety, public health and the environment is hereby established. This structure includes:

               (a)

               the Scientific Committee on Consumer Safety (hereinafter SCCS);

               (b)

               the Scientific Committee on Health and Environmental Risks (hereinafter SCHER);

               (c)

               the Scientific Committee on Emerging and Newly Identified Health Risks (hereinafter SCENIHR);

               (d)

               a Pool of Scientific Advisors on Risk Assessment (hereinafter the Pool), which will support the activities of the Scientific Committees in accordance with the relevant provisions of this Decision.

         2.   The fields of competence of the advisory structure shall be as set out in Annex I, without prejudice to the competencies conferred by Community legislation to other Community bodies undertaking risk assessment, such as, in particular, the European Food Safety Authority, the European Medicines Agency, the European Chemical Agency and the European Centre for Disease Control.
   Article 2
   Mission
   1.   The Commission shall request a scientific opinion from the Scientific Committees in the cases laid down by Community law.
   2.   The Commission may also request an opinion from the Committees on questions:

               (a)

               of particular relevance to consumer safety, public health and the environment; and

               (b)

               not falling within the mandate of other Community bodies.

         3.   The Commission may also request the Scientific Committees to provide rapid advice on the state of scientific knowledge concerning specific risks in case of urgent needs.
   4.   The Commission may invite a Scientific Committee to identify research needs and assess research results in relation to the subject areas covered by its fields of competence.
   5.   At the request of the Commission, or acting on their own initiative and in agreement with the Commission, the Scientific Committees may decide to set up thematic workshops in order to review data and scientific knowledge on particular risks or on broad risk assessment issues. At the request of the Commission, they shall produce reports, position papers or conclusions resulting from these workshops.
   These workshops may involve, in addition to members of the Committees, scientific advisors from the Pool and external experts, including experts from Community, national or international bodies carrying out similar tasks, as appropriate.
   These workshops shall be organised by the Secretariat of the Scientific Committees. The Secretariat shall define and ensure, where appropriate, the dissemination of the reports, position papers or conclusions resulting from the workshops.
   6.   The Commission may invite the Scientific Committees to be part of thematic networks with other Community bodies or scientific organisations, in order to monitor and contribute to the development of scientific knowledge on risks in the fields of competence defined in Annex I.
   7.   The Scientific Committees shall draw the Commission’s attention to a specific or emerging problem falling within their remit, which they consider may pose an actual or potential risk to consumer safety, public health or the environment, by adopting and addressing to the Commission memoranda or position statements. The Commission may decide to publish such memoranda and statements and shall determine the action to be taken including, if appropriate, a request for a scientific opinion on the matter.
   CHAPTER 2
   CONSTITUTION OF THE SCIENTIFIC COMMITTEES AND OF THE POOL
   Article 3
   Appointment of the members of the Scientific Committees
   1.   The SCCS, the SCHER and the SCENIHR shall each consist of a maximum of 17 members and may associate, at their own initiative, up to 5 scientific advisors from the Pool to contribute to the Committee work on specific issues or disciplines.
   2.   The members of the Scientific Committees shall be appointed by the Commission on the basis of their expertise and consistent with this a geographical distribution that reflects the diversity of scientific problems and approaches, notably in Europe. The Commission shall determine the number of members of each Committee in accordance with the requisite needs.
   The members of each Scientific Committee shall be experts in one or more of the fields of competence of that Committee and shall collectively cover the widest possible range of disciplines.
   3.   The Commission shall appoint the members of the Scientific Committees from a list of suitable candidates established following publication in the Official Journal of the European Union and on the Commission website of a call for expressions of interest.
   4.   No member of a Scientific Committee may be appointed to more than one of the Committees set out in Article 1(1).
   Article 4
   Establishment of the Pool
   1.   The Pool shall consist of scientific advisors who are experts in one or more of the fields of competence defined in Annex I or on related subjects, covering collectively the widest possible range of disciplines.
   2.   The Commission shall appoint scientific advisors to the Pool from a list of suitable candidates established following publication in the Official Journal of the European Union and on the Commission website of a call for expressions of interest.
   3.   The number of scientific advisors in the Pool at any time shall be decided by the Commission based on its needs for scientific advice.
   Article 5
   Terms of office
   1.   Members of the Scientific Committees shall be appointed for a term of three years, and may not serve for more than three consecutive terms in the same Committee. They shall remain in office until they are replaced or their appointments are renewed.
   In order to safeguard the continuity of the expertise, the Commission may, in exceptional circumstances, prolong the terms of office of the members of a Scientific Committee for a period not exceeding 18 months.
   Members who have just completed three consecutive terms of office in a Scientific Committee shall be eligible for membership of another Scientific Committee.
   2.   When a member does not comply with the participation criteria which shall be laid down in the rules of procedures referred to in Article 12, or wishes to resign, the Commission may terminate the member’s membership and appoint a replacement from the Pool.
   3.   Scientific advisors shall be appointed to the Pool for a period of five years and their appointment may be renewed.
   CHAPTER 3
   FUNCTIONING OF THE ADVISORY STRUCTURE
   Article 6
   Resort to the support of the Pool
   1.   Each Scientific Committee may decide to associate up to five scientific advisors from the Pool to the preparation of a scientific opinion. These associated members shall participate in the activities and deliberations concerning the subject considered with the same functions, responsibilities and rights as the members of the Committee concerned.
   2.   In addition, each Scientific Committee may decide to invite other scientific advisors from the Pool to the preparation of a scientific opinion. Those advisors shall participate in the activities concerning the subject considered, but their functions and responsibility are restricted to the preparation of the opinion.
   3.   Scientific advisors from the Pool may also be invited by the Scientific Committees to assist them in the provision of a rapid advice requested by the Commission in accordance with Article 2(3), or to participate in thematic workshops referred to in Article 2(5).
   4.   Scientific advisors from the Pool may be invited by the Commission to participate in scientific meetings or to provide the Commission services with ad hoc information on specific issues.
   Article 7
   Working groups
   1.   The Scientific Committees may create specific working groups the task of which shall consist of preparing and drafting their scientific opinions. These working groups shall be established in particular when there is a need for external expertise on a particular subject.
   2.   In agreement with the Commission, the Scientific Committees may invite associated members, other scientific advisors from the Pool, specialised external experts, as well as experts from other Community bodies that they consider to have the relevant scientific knowledge and expertise, to contribute to their work.
   3.   The working groups shall be chaired by a member of the Scientific Committee that convenes them and shall report to it, and may appoint a Rapporteur from among their participants. For particularly complex questions of a multidisciplinary nature, more than one Rapporteur may be appointed.
   4.   When a question is common to more than one Scientific Committee, a joint working group including members from the Committees concerned, as well as associated members, scientific advisors from the Pool and external experts as necessary, shall be set up.
   Article 8
   Participation of trainees
   In agreement with the Commission and in accordance with the rules of procedure referred to in Article 12, the Scientific Committees may admit trainees to attend their meetings, with a view to contribute to capacity building in the area of risk assessment.
   Article 9
   Special requirements
   1.   The Commission may require the adoption of a scientific opinion from a Scientific Committee within a specified period.
   2.   The Commission may require the adoption of a joint opinion on questions which do not fall within the fields of competence of a single Scientific Committee or which need to be considered by more than one Committee. A joint opinion, following a request for an opinion from the Commission, may also be adopted by Scientific Committees at the initiative of the Inter-Committee Coordination Group referred to in Article 11.
   3.   The Commission may define in the request for a scientific opinion the consultations, hearings or collaboration with other scientific bodies it deems necessary for the preparation of this opinion. Consultations and hearings may also be decided by a Committee, in agreement with the Commission, if considered necessary for completing an opinion.
   4.   A Scientific Committee may require additional information from stakeholders for the completion of a scientific opinion. A Scientific Committee may give a deadline for submitting the required information to it. In such a case, the Scientific Committee may decide to suspend its work on the scientific opinion in question. If the required information has not been submitted within that deadline, the Committee may adopt its opinion on the basis of the available information.
   Article 10
   Election of the Chairs and Vice-Chairs
   1.   Each Scientific Committee shall elect a Chair and two Vice-Chairs from among their members. The election shall take place by simple majority of the members of the Committee. The term of office of the Chair and Vice-Chair shall be three years, renewable.
   2.   The procedure for the election of the Chair and Vice-Chairs of the Scientific Committees shall be laid down in the rules of procedures referred to in Article 12.
   Article 11
   Coordination of the Scientific Committees
   An Inter-Committee Coordination Group (ICCG) composed of the Chairs and Vice-Chairs of the Scientific Committees shall ensure the coordination of the three Scientific Committees in accordance with the rules of procedures referred to in Article 12.
   Article 12
   Rules of procedures
   1.   On proposal by and in agreement with the Commission, the Scientific Committees shall adopt common rules of procedures.
   2.   The rules of procedures shall ensure that the Scientific Committees perform their tasks in compliance with the principles of excellence, independence and transparency, whilst having regard to legitimate requests for commercial confidentiality as well as to the risk assessment principles which may be established by the Commission in light of the experience and in view of its policy in this area.
   3.   The rules of procedures shall cover in particular the subjects listed in Annex II.
   Article 13
   Voting rules
   1.   The Scientific Committees shall adopt their opinions, rapid advice, memoranda and/or position statements by a majority of the total number of members of the Committee concerned combined with the number of associated members.
   2.   Each Scientific Committee shall act by a majority of its members on all other issues.
   3.   Those members of a Committee who have resigned or whose membership has been terminated in accordance with Article 5(2) shall not be taken into account for the calculation of the majority for the implementation of paragraphs 1 and 2.
   Article 14
   Diverging opinions, coordination and collaboration with other Community, national or international bodies
   1.   The Scientific Committees shall assist the Commission and contribute to identifying at an early stage:

               (a)

               needs and possibilities for coordination of work and collaboration;

               (b)

               potential or actual divergences in scientific opinions with other relevant Community, national or international bodies carrying out similar tasks, on general or specific risk assessment issues.

         They shall assist the Commission in avoiding, resolving or clarifying divergent opinions and in establishing and maintaining collaboration relationships with such bodies.
   2.   The Commission may take the initiative to request and organise joint work of the Scientific Committees with Community, national or international bodies carrying out similar tasks. It may in particular request the Scientific Committees to produce joint opinions with other Community bodies, upon agreement with such bodies.
   3.   Where a substantive divergence over scientific issues has been identified and the body in question is a Community body, the Scientific Committee concerned shall, on the request of the Commission, cooperate with the body concerned with a view to either resolving the divergence or presenting a joint document to the Commission clarifying the contentious scientific issues and identifying the relevant uncertainties in the data. This document shall be made public.
   CHAPTER 4
   PRINCIPLES
   Article 15
   Independence
   1.   The Members of the Scientific Committees, associated members, other scientific advisors of the Pool and the external experts shall be nominated in a personal capacity. They shall not delegate their responsibilities to any other person.
   2.   Members of the Scientific Committees and, scientific advisors of the Pool, and the external experts participating in working groups shall undertake to act independently of any external influence.
   For that purpose they shall make a declaration of commitment to act in the public interest and a declaration of interests indicating either the absence or existence of any direct or indirect interest which might be considered prejudicial to their independence.
   These declarations shall be made in writing. Members of the Scientific Committees and scientific advisors from the Pool shall make annual declarations.
   3.   Members of the Scientific Committees, associated members and other scientific advisors, and the external experts participating in working groups shall declare at each meeting any specific interest which might be considered as prejudicial to their independence in relation to the items on the agenda.
   Article 16
   Transparency
   1.   The activities of the Scientific Committees shall be carried out with a high level of transparency. The Commission shall in particular make available to the public on its website, without undue delay:

               (a)

               the request for opinions addressed to the Scientific Committees;

               (b)

               agendas and minutes of the meetings of the Scientific Committees, Inter-Committee Coordination Group and working groups;

               (c)

               the scientific opinions, and rapid advice adopted by the Scientific Committees, including the minority opinions and the names of the participants in the working groups that contributed to the opinion concerned; minority opinions shall be attributed to the members or advisors concerned;

               (d)

               the common rules of procedures of the Scientific Committees;

               (e)

               the names of the members of the Scientific Committees as well as of the scientific advisors from the Pool, together with a brief curriculum vitae of each member and advisor;

               (f)

               the declarations of interests of the members of the Scientific Committees, of the scientific advisors from the Pool and of the external experts that participated in a working group.

         2.   The transparency rules referred to in paragraph 1 shall be applied in accordance with the requirements of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (6) (EC), and of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (7), especially with regard to commercial confidentiality.
   Article 17
   Confidentiality
   The members of the Scientific Committees, scientific advisors, external experts and trainees shall not divulge information acquired as a result of the work of the Scientific Committees, thematic workshops, working groups or other activities related to the application of this Decision, when they are informed that it is confidential.
   CHAPTER 5
   FINAL PROVISIONS
   Article 18
   Secretariat of the Commission’s Scientific Committees
   1.   The Scientific Committees and their working groups, the ICCG as well as other meetings, workshops or events related to the application of this Decision shall be convened by the Commission.
   2.   The Commission shall provide the scientific and administrative secretariat for the Scientific Committees and their working groups as well as for all other activities related to the application of this Decision.
   3.   The secretariat shall be responsible for providing scientific and administrative support necessary to facilitate the efficient functioning of the Scientific Committees, to monitor compliance with the rules of procedure, particularly in relation to the requirements for excellence, independence and transparency, to ensure communication on the Committees’ activities and the appropriate stakeholder dialogue, including in particular organisation of hearings on the activities of the Committees, and publication of the opinions and other public documents. Moreover, the secretariat shall provide support to the Committees and organise and apply quality control of the opinions, as provided for in the rules of procedure, as far as completeness, consistency, clarity, correspondence with requests and with editorial standards are concerned.
   4.   The secretariat shall ensure the scientific and technical coordination of the activities of the Scientific Committees and where necessary coordination of their activities with those of other Community, national and international bodies, as well as the application of the stakeholder dialogue procedure set up in the rules of procedure and the communication on the activities of the Committees.
   Article 19
   Reimbursements and indemnities
   Members of the Scientific Committees, scientific advisors from the Pool and external experts shall be entitled to an indemnity for their participation in the meetings of the Committees, thematic workshops, working groups and other meetings and events organised by the Commission, and for serving as Rapporteur on a specific question, as provided for in Annex III.
   Reimbursement of travel and subsistence costs shall be paid by the Commission.
   Article 20
   Replacement of the Scientific Committees
   The Scientific Committees established by Article 1(1) of this Decision shall replace the existing Scientific Committees established by Decision 2004/210/EC as follows:

               (a)

               the Scientific Committee on Consumer Safety shall replace the Scientific Committee on Consumer Products;

               (b)

               the Scientific Committee on the Health and Environmental Risks shall replace the Committee of the same name;

               (c)

               the Scientific Committee on Emerging and Newly Identified Health Risks shall replace the Scientific Committee of the same name.

         Article 21
   Repeals
   1.   Decision 2004/210/EC is repealed.
   However, the three Committees established by that decision shall remain in office until the Scientific Committees established by this Decision take office.
   2.   References to the repealed decision shall be understood as applicable to this Decision; references to the Committees established by the repealed decision shall be understood as applicable to the Committees established by this Decision.

      Done at Brussels, 5 August 2008.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 66, 4.3.2004, p. 45.

      (2)  OJ L 114, 1.5.2007, p. 14.

      (3)  OJ L 396, 30.12.2006, p. 1. Corrected by OJ L 136, 29.5.2007, p. 3.

      (4)  OJ L 287, 1.11.2007, p. 25.

      (5)  COM(2002) 713 final of 11 December 2002.

      (6)  OJ L 8, 12.1.2001, p. 1.

      (7)  OJ L 145, 31.5.2001, p. 43.

      ANNEX I
      FIELD OF COMPETENCE
      1.   Scientific Committee on Consumer Safety
      It shall provide opinions on questions concerning all types of health and safety risks (notably chemical, biological, mechanical and other physical risks) of non-food consumer products (for example: cosmetic products and their ingredients, toys, textiles, clothing, personal care and household products such as detergents, etc.) and services (for example: tattooing, artificial sun tanning, etc.).
      2.   Scientific Committee on Health and Environmental Risks
      It shall provide opinions on health and environmental risks related to pollutants in the environmental media and other biological and physical factors or changing physical conditions which may have a negative impact on health and the environment, for example in relation to air quality, waters, waste and soils, as well as on life cycle environmental assessment. It shall also address health and safety issues related to the toxicity and eco-toxicity of biocides.
      Without prejudice to the competences conferred on the European Chemical Agency (ECHA), Scientific Committee on Consumer Safety (SCCS) and other European risk assessment agencies, it may also be invited by the Commission to address, notably in collaboration with other European agencies and in particular ECHA, questions relating to examination of the toxicity and eco-toxicity of chemical, biochemical and biological compounds whose use may have harmful consequences for human health and the environment. In addition, the Committee will address questions relating to methodological aspect of the assessment of health and environmental risks of chemicals, including mixtures of chemicals, as necessary for providing sound and consistent advice in its own areas of competence as well as in order to contribute to the relevant issues in close cooperation with other European agencies.
      3.   The Scientific Committee on Emerging and Newly Identified Health Risks
      It shall provide opinions on questions concerning emerging or newly identified health and environmental risks and on broad, complex or multidisciplinary issues requiring a comprehensive assessment of risks to consumer safety or public health and related issues not covered by other Community risk assessment bodies.
      Examples of potential areas of activity include potential risks associated with interaction of risk factors, synergic effects, cumulative effects, antimicrobial resistance, new technologies such as nanotechnologies, medical devices including those incorporating substances of animal and/or human origin, tissue engineering, blood products, fertility reduction, cancer of endocrine organs, physical hazards such as noise and electromagnetic fields (from mobile phones, transmitters and electronically controlled home environments), and methodologies for assessing new risks. It may also be invited to address risks related to public health determinants and non-transmissible diseases.

      ANNEX II
      RULES OF PROCEDURES
      The common rules of procedures to be adopted by the Scientific Committees in accordance with Article 12 shall cover in particular the following subjects:
      1.   coordination between the Scientific Committees

                  (a)

                  the designation of the Scientific Committee responsible on request for scientific opinions which do not fall within the fields of competence of a single Scientific Committee or which need to be considered by more than one Committee;

                  (b)

                  the adoption of joint opinions, rapid advice, memoranda and/or position statements;

                  (c)

                  the procedures for ensuring coordination between the Scientific Committees including matters relating to harmonisation of risk assessment and the functioning of the Inter-Committee Coordination Group;

            2.   decision procedures within the Committees

                  (a)

                  the election of the Chair and Vice-Chairs of the Scientific Committees;

                  (b)

                  the procedures for the adoption of opinions:

                              —

                              under normal conditions,

                              —

                              under written procedure under normal conditions, and

                              —

                              under an accelerated, written procedure if the urgency of the matter requires such a procedure;

                  (c)

                  the procedure for the provision of rapid advice when so requested by the Commission in accordance with Article 2(3); this procedure shall ensure the quality and appropriate endorsement by the Committee of the advice;

                  (d)

                  the adoption of memoranda and position papers to draw the attention of the Commission to specific or emerging problems;

            3.   organisation of the scientific works

                  (a)

                  the creation and organisation of the working groups of the Scientific Committees, including joint working groups;

                  (b)

                  the association of scientific advisors from the Pool to the activities of the Committees and the involvement of external experts;

                  (c)

                  the appointment of Rapporteurs and the description of their tasks in relation to the preparation of draft opinions for the Scientific Committees;

                  (d)

                  the format and content of scientific opinions and procedures for ensuring and improving their coherence as well as the editing standards;

                  (e)

                  the organisation of, and participation in, meetings, thematic workshops, and networks;

                  (f)

                  the association of trainees;

            4.   obligations of the members of the Committee, the associated and other scientific advisors from the Pool, external experts and for the trainees

                  (a)

                  the participation criteria and the conditions under which membership of the Committee shall expire;

                  (b)

                  the implementation of the confidentiality requirements laid down in Article 17;

                  (c)

                  the responsibilities and obligations of members, associated and other scientific advisors from the Pool and external experts in relation to their contacts with petitioners, special interest groups and other stakeholders;

                  (d)

                  the conditions and the procedure under which a member of a Committee, an associated or other scientific advisor or an external expert should be excluded from the deliberations and/or the vote on a particular subject in the Committee or in a working group, where there are reasonable doubts on his independence;

            5.   relations with third parties

                  (a)

                  procedures for identifying, resolving or clarifying diverging opinions with Community, national and international bodies carrying out similar tasks, including information exchange and the organisation of joint meetings;

                  (b)

                  representation of a Scientific Committee in external activities, notably in relation to other Community or international bodies engaged in similar activities;

                  (c)

                  the organisation of the stakeholder dialogue procedure, in particular the organisation of hearings with industry or other special interest groups or other stakeholders;

                  (d)

                  the publication of scientific opinions and other documents.

      ANNEX III
      INDEMNITIES
      Members of the Scientific Committees, scientific advisors from the Pool and the external experts shall be entitled to indemnities related to their participation in the activities of the scientific committees as follows:

                  for participation at meetings:

                              —

                              EUR 300 for each full day participation or EUR 150 for participation in a morning or afternoon meeting of a Scientific Committee, a working group or at an external meeting attended in connection with the work of a Scientific Committee;

                  for acting as Rapporteur for a question requiring not less than one day of preparation of a draft opinion and with the prior written agreement of the Commission:

                              —

                              EUR 300,

                              —

                              where fully justified and subject to budget availability, this sum may be increased to EUR 600 for questions which are particularly demanding in terms of work load.

            The Commission will regularly assess the need to adapt these indemnities in light of prices indexes, the evaluation of indemnities paid to experts in other European bodies and the experience on the workload for members, associated members, other scientific advisors and external experts. The first assessment will take place in 2009.


title: Council Decision 2009/558/CFSP of 16 March 2009 concerning the conclusion of the Agreement on security procedures for exchanging classified information between the European Union and Israel

text:
               24.7.2009

               EN

               Official Journal of the European Union

               L 192/63

         COUNCIL DECISION 2009/558/CFSP
   of 16 March 2009
   concerning the conclusion of the Agreement on security procedures for exchanging classified information between the European Union and Israel
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               At its meeting on 18 February 2008, the Council decided to authorise the Presidency, assisted by the Secretary/General/High Representative (SG/HR) and fully associating the Commission, to open negotiations pursuant to Article 24 of the Treaty on European Union with the State of Israel in order to conclude a security of information Agreement.

               (2)

               Following this authorisation to open negotiations, the Presidency, assisted by the SG/HR, negotiated an Agreement on security procedures for exchanging classified information between the European Union and Israel.

               (3)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement on security procedures for exchanging classified information between the European Union and Israel is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the date of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 16 March 2009.

            For the Council

            The President

         A. VONDRA

    ---documentbreak---

               24.7.2009

               EN

               Official Journal of the European Union

               L 192/64

         AGREEMENT
   on security procedures for exchanging classified information between the European Union and Israel
   THE GOVERNMENT OF THE STATE OF ISRAEL,
   represented by the Israeli Ministry of Defence, hereinafter referred to as ‘the IMOD’
   and
   THE EUROPEAN UNION,
   hereinafter referred to as ‘the EU’,
   represented by the Presidency of the Council of the European Union,
   hereinafter referred to as ‘the Parties’;
   WHEREAS the Parties intend to cooperate on matters of common interest relating in particular to defence and security issues;
   WHEREAS full and effective consultation and cooperation between the Parties may require access to Israeli and EU classified information and material, as well as the exchange of classified information and related material between Israel and the EU;
   WHEREAS the Parties wish to protect and safeguard classified information and material exchanged between them;
   WHEREAS the protection of classified information and related material accessed and exchanged requires appropriate security measures,
   HAVE AGREED AS FOLLOWS:
   Article 1
   In order to fulfil the objectives of full and effective cooperation between the Parties on matters of common interest relating in particular to defence and security issues, this Agreement on security procedures for the exchange of classified information and material (hereinafter the ‘Agreement’) shall apply to classified information and material in any form and in any field either provided or exchanged between the Parties.
   Article 2
   For the purposes of this Agreement:

               (a)

               ‘classified information’ shall mean any information (namely, knowledge that can be communicated in any form, including written, oral or visual) or material determined by either Party, in accordance with its internal laws and regulations, to be in its respective security interests and to require protection against unauthorised disclosure and which bears a security classification of either of the Parties to this Agreement (hereinafter: ‘classified information’);

               (b)

               ‘material’ shall mean any document, product or substance on or in which information may be recorded or embodied, regardless of its physical character including, but not limited to: writing (letter, note, minute, report, memorandum, signal/message), hardware, computer disks, CD ROM, USB flash sticks, equipment, machinery, apparatus, devices, models, photographs/slides/sketches, recordings, tapes, cassettes, films, reproductions, maps, charts, plans, notebooks, stencil, carbon, typewriter or printer ribbon.

         Article 3
   For the purposes of this Agreement, ‘the EU’ shall mean the Council of the European Union (hereinafter: ‘the Council’), the Secretary-General/High Representative and the General Secretariat of the Council, and the Commission of the European Communities (hereinafter the ‘European Commission’).
   Article 4
   Each Party shall:

               (a)

               protect and safeguard classified information provided by or exchanged with the other Party under this Agreement in accordance with its internal laws and regulations;

               (b)

               ensure that classified information provided or exchanged under this Agreement keeps the security classification marking given to it by the providing Party. The receiving Party shall protect and safeguard the classified information according to the provisions set out in its own security regulations for information or material holding an equivalent security classification as specified in Article 6. In so doing, the Parties shall afford to all such classified information the same degree of security protection as is provided for their own classified information of equivalent classification;

               (c)

               not use such classified information for purposes or under security conditions other than those established by the originator or those for which the information is provided or exchanged; this shall include the location of classified equipment;

               (d)

               not disclose such classified information to any third parties or to any EU institution or entities not mentioned in Article 3 without the prior written consent of the providing Party;

               (e)

               not allow access to classified information to individuals unless they have a need-to-know (i.e. who in the conduct of their official duties require access) and, where needed, have been appropriately security-cleared and authorised by the relevant Party.

         Article 5
   1.   Classified information may be disclosed or released by one Party (the providing Party) to the other Party (the receiving Party).
   2.   For release to recipients other than the Parties, a decision on disclosure or release of classified information shall be made by the receiving Party subject to the prior written consent of the providing Party.
   3.   Each Party shall decide on the release of classified information to the other Party on a case-by-case basis. In implementing paragraphs 1 and 2, generic release shall be possible only where procedures are established and agreed between the Parties regarding certain categories of information relevant to their operational requirements.
   4.   Classified information received from the providing Party may be provided to a contractor or prospective contractor by the receiving Party with the prior written consent of the providing Party. Prior to the release or disclosure to a contractor or a prospective contractor of any classified information received from the providing Party, the receiving Party, in accordance with its internal rules and regulations, shall ensure that any such contractor or prospective contractor, and the contractor’s facility, have the capability to protect the classified information and have an appropriate clearance.
   5.   In accordance with its internal rules and regulations, each Party shall ensure the security of facilities and establishments where classified information released to it by the other Party is kept, and shall ensure for each such facility or establishment that all necessary measures are taken to control and protect the classified information.
   Article 6
   1.   Classified information shall be marked as follows:

               (a)

            For the State of Israel, classified information shall be marked
                   (Top Secret),
                   (Secret) or
                   (Confidential);

               (b)

               For the EU, classified information shall be marked TRES SECRET UE/EU TOP SECRET, SECRET UE, CONFIDENTIEL UE or RESTREINT UE.

         2.   The corresponding security classifications are:

               Israeli classification

               EU classification

                   (Top Secret)

               TRES SECRET UE/EU TOP SECRET

                   (Secret)

               SECRET UE

                   (Confidential)

               CONFIDENTIEL UE

               (No Israeli equivalent)

               RESTREINT UE

         The Israeli Party undertakes to afford RESTREINT UE classified information the same protection as its  (Confidential) classified information.
   Article 7
   Each of the Parties shall ensure that it has a security system and security measures in place, based on the basic principles and minimum standards of security laid down in its respective internal laws and regulations and reflected in the arrangements to be established pursuant to Article 12, in order to ensure that an equivalent level of protection is applied to classified information provided or exchanged under this Agreement.
   Article 8
   1.   The Parties shall ensure that all persons who in the conduct of their official duties require access, or whose duties or functions may afford access to classified information provided or exchanged under this Agreement are appropriately security-cleared before they are granted access to such classified information.
   2.   The security clearance procedures shall be designed to determine, in accordance with internal rules and regulations, whether all relevant factors concerning an individual are such that he or she may have access to classified information.
   Article 9
   The Parties shall provide mutual assistance with regard to the security of classified information provided or exchanged under this Agreement and matters of common security interest. Reciprocal security consultations and visits shall be conducted by the authorities referred to in Article 12 to ascertain, ‘within the Parties’ respective areas of responsibility, the effectiveness of the security arrangements to be established pursuant to that Article. The practical details for such visits and any other visits for the purposes of implementing this Agreement shall be set out in the arrangements to be drawn up pursuant to Article 12.
   Article 10
   1.   For the purpose of this Agreement:

               (a)

               as regards the EU, correspondence shall be sent to the Council at the following address:

                           Council of the European Union

                           Chief Registry Officer

                           Rue de la Loi/Wetstraat, 175

                           1048 Brussels

                           BELGIUM;

                     all correspondence shall be forwarded by the Chief Registry Officer of the Council to the Member States and to the European Commission, subject to paragraph 2;

               (b)

               as regards Israel, correspondence shall be sent to the Directorate of Security of the Defence Establishment D.S.D.E (MALMAB), at the following address:

                           Ministry of Defence

                           Kaplan St.

                           Hakirya Tel.-Aviv

                           ISRAEL.

         2.   Exceptionally, correspondence from one Party which is accessible to only specific competent officials, organs or services of that Party may, for operational reasons, be addressed and be accessible to only specific competent officials, organs or services of the other Party specifically designated as recipients, taking into account their competencies and according to the need-to-know principle.
   As far as the EU is concerned, this correspondence shall be transmitted through the Chief Registry Officer of the Council or the Chief Registry Officer of the European Commission Security Directorate when such information is addressed to the European Commission.
   As far as the Israeli Party is concerned, such correspondence shall be transmitted through the Directorate of Security of the Defence Establishment D.S.D.E (MALMAB). Where the EU wishes to send classified information to Israeli ministries or organisations other than the IMOD, the Directorate of Security of the Defence Establishment D.S.D.E (MALMAB) shall notify the Chief Registry Officer of the Council of the Israeli security authority responsible for these ministries or organisations which apply equivalent standards for the protection of classified information.
   Article 11
   The IMOD, the Secretary-General of the Council and the Member of the European Commission responsible for security matters shall oversee the implementation of this Agreement.
   Article 12
   1.   In order to implement this Agreement, security arrangements shall be established between the three authorities designated in paragraphs 2, 3 and 4 in order to lay down the standards for the reciprocal protection and safeguarding of classified information under this Agreement.
   2.   The Directorate of Security for the Defence Establishment D.S.D.E (MALMAB), under the direction and on behalf of the Israeli Ministry of Defence, shall be in charge of the security arrangements for the protection and safeguarding of classified information provided to Israel under this Agreement.
   3.   The Security Office of the General Secretariat of the Council, under the direction and on behalf of the Secretary-General of the Council, acting in the name of the Council and under its authority shall be in charge of the security arrangements for the protection and safeguarding of classified information provided to the European Union under this Agreement.
   4.   The European Commission Security Directorate, acting under the authority of the Member of the Commission responsible for security matters, shall be in charge of the security arrangements for the protection and safeguarding of classified information provided or exchanged under this Agreement within the European Commission and its premises.
   5.   For the EU, the security arrangements referred to in paragraph 1 shall be subject to approval by the Council Security Committee.
   Article 13
   The providing Party shall be informed in the event of any proven or suspected loss or compromise of its classified information by the receiving Party. The receiving Party shall initiate an investigation to determine the circumstances. The results of the investigation and information regarding measures taken to prevent recurrence shall be forwarded to the providing Party. The authorities referred to in Article 12 may establish procedures to that effect.
   Article 14
   Each Party shall be responsible for bearing its own costs incurred in implementing this Agreement.
   Article 15
   Before classified information is provided or exchanged between the Parties under this Agreement, the responsible security authorities referred to in Article 12 shall agree that the Parties are in a position to protect and safeguard the classified information in a way consistent with this Agreement and the arrangements to be established pursuant to Article 12.
   Article 16
   This Agreement shall not prevent the Parties from concluding other agreements relating to the provision or exchange of classified information provided that they do not conflict with the provisions of this Agreement.
   Article 17
   Any differences between Israel and the European Union arising out of the interpretation or application of this Agreement shall be addressed solely by negotiation between the Parties. During the negotiation both Parties shall continue to fulfil all of their obligations under this Agreement.
   Article 18
   1.   This Agreement shall enter into force once the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   Each Party shall notify the other Party of any changes in its laws and regulations that could affect the protection of classified information referred to in this Agreement.
   3.   This Agreement may be reviewed for consideration of possible amendments at the request of either Party.
   4.   Any amendment to this Agreement shall be made in writing only and by common agreement of the Parties. It shall enter into force upon mutual notification as provided under paragraph 1.
   Article 19
   This Agreement may be terminated by one Party by written notice of termination given to the other Party. Such termination shall take effect six months after receipt of notification by the other Party, but shall not affect obligations already contracted under the provisions of this Agreement. In particular, all classified information provided or exchanged pursuant to this Agreement shall continue to be protected in accordance with the provisions set forth herein.
   In witness whereof the undersigned, respectively duly authorised, have signed this Agreement.

      Done at Tel Aviv, this  day of June 2009 in two copies each in the English language.

            For Israel

            The Minister of Defence

            For the European Union

            The Secretary General/High Representative


title: Council Decision 2005/296/CFSP, JHA of 24 January 2005 concerning the conclusion of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the security procedures for the exchange of classified information

text:
               13.4.2005

               EN

               Official Journal of the European Union

               L 94/38

         COUNCIL DECISION 2005/296/CFSP, JHA
   of 24 January 2005
   concerning the conclusion of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the security procedures for the exchange of classified information
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 24 and 38 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               At its meeting on 27 and 28 November 2003, the Council decided to authorise the Presidency, assisted by the Secretary-General/High Representative (SG/HR), to open negotiations in accordance with Articles 24 and 38 of the Treaty on European Union with certain third states, in order for the European Union to conclude with each of them an Agreement on the security procedures for the exchange of classified information.

               (2)

               Following this authorisation to open negotiations, the Presidency, assisted by the SG/HR, negotiated an Agreement with the former Yugoslav Republic of Macedonia on the security procedures for the exchange of classified information.

               (3)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the former Yugoslav Republic of Macedonia on the security procedures for the exchange of classified information is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the date of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 24 January 2005.

            For the Council

            The President

         F. BODEN

   AGREEMENT
   between the former Yugoslav Republic of Macedonia and the European Union on the security procedures for the exchange of classified information
   THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,
   represented by its Government,
   of the one part,
   and
   THE EUROPEAN UNION, hereinafter referred to as ‘the EU’,
   represented by the Presidency of the Council of the European Union,
   of the other part,
   Hereinafter referred to as ‘the Parties’,
   MINDFUL OF the shared commitment to the stabilisation and association process that will remain the framework for the European course of the former Yugoslav Republic of Macedonia all the way to its future accession to the EU;
   CONSIDERING THAT the Parties share the objectives to strengthen their own security in all ways and to provide their citizens with a high level of safety within an area of security;
   CONSIDERING THAT the Parties agree that consultations and cooperation should be developed between them on questions of common interest relating to security;
   CONSIDERING THAT, in this context, a permanent need therefore exists to exchange classified information between the Parties;
   RECOGNISING THAT full and effective consultation and cooperation may require access to either Party, classified information and material, as well as the exchange of classified information and related material between the Parties;
   CONSCIOUS THAT such access to and exchange of classified information and related material requires appropriate security measures;
   HAVE AGREED AS FOLLOWS:
   Article 1
   In order to fulfil the objectives of strengthening the security of each of the Parties in all ways, this Agreement shall apply to classified information or material in any form either provided or exchanged between the Parties.
   Article 2
   For the purposes of this Agreement, classified information shall mean any information (namely, knowledge that can be communicated in any form) or material determined to require protection against unauthorised disclosure and which has been so designated by a security classification (hereinafter referred to as classified information).
   Article 3
   For the purposes of this Agreement, ‘EU’ shall mean the Council of the European Union (hereinafter referred to as the Council), the Secretary-General/High Representative and the General Secretariat of the Council, and the Commission of the European Communities (hereinafter referred to as the European Commission).
   Article 4
   Each Party shall:

               (a)

               protect and safeguard classified information subject to this Agreement provided or exchanged by the other Party;

               (b)

               ensure that classified information subject to this Agreement provided or exchanged keeps the security classification given to it by the providing Party. The receiving Party shall protect and safeguard the classified information according to the provisions set out in its own security regulations for information or material holding an equivalent security classification, as specified in the security arrangements to be established pursuant to Articles 11 and 12;

               (c)

               not use such classified information subject to this Agreement for purposes other than those established by the originator and those for which the information is provided or exchanged;

               (d)

               not disclose such classified information subject to this Agreement to third parties, or to any EU institution or entity not mentioned in Article 3, without the prior consent of the originator.

         Article 5
   1.   Classified information may be disclosed or released, in accordance with the principle of originator control, by one Party, ‘the providing Party’, to the other Party, ‘the receiving Party’.
   2.   For release to recipients other than the Parties to the present Agreement, a decision on disclosure or release of classified information shall be made by the receiving Party following the consent of the providing Party, in accordance with the principle of originator control as defined in its security regulations.
   3.   In implementing paragraphs 1 and 2, no generic release shall be possible unless procedures are established and agreed between the Parties regarding certain categories of information, relevant to their operational requirements.
   Article 6
   Each of the Parties, and entities thereof as defined in Article 3, shall have a security organisation and security programmes, based upon such basic principles and minimum standards of security which shall be implemented in the security systems of the Parties to be established pursuant to Articles 11 and 12, to ensure that an equivalent level of protection is applied to classified information subject to this Agreement.
   Article 7
   1.   The Parties shall ensure that all persons who, in the conduct of their official duties require access, or whose duties or functions may afford access, to classified information provided or exchanged under this Agreement are appropriately security cleared before they are granted access to such information.
   2.   The security clearance procedures shall be designed to determine whether an individual can, taking into account his or her loyalty, trustworthiness and reliability, have access to classified information.
   Article 8
   The Parties shall provide mutual assistance with regard to security of classified information subject to this Agreement and matters of common security interest. Reciprocal security consultations and inspections shall be conducted by the authorities as defined in Article 11 to assess the effectiveness of the Security Arrangements within their respective responsibility to be established pursuant to Articles 11 and 12.
   Article 9
   1.   For the purpose of this Agreement

               (a)

               as regards the EU:
               all correspondence shall be sent to the Council at the following address:

                           Council of the European Union

                           Chief Registry Officer

                           Rue de la Loi/Wetstraat, 175

                           B-1048 Brussels.

                     All correspondence shall be forwarded by the Chief Registry Officer of the Council to the Member States and to the European Commission subject to paragraph 2.

               (b)

               as regards the former Yugoslav Republic of Macedonia:
               all correspondence shall be addressed to the Central Registry Officer of the Directorate for Security of Classified Information and forwarded where appropriate, via the Mission of that State to the European Communities, at the following address:

                           Registry Officer

                           Avenue Louise 209A

                           B-1050 Brussels.

         2.   Exceptionally, correspondence from one Party which is only accessible to specific competent officials, organs or services of that Party may, for operational reasons, be addressed and only be accessible to specific competent officials, organs or services of the other Party specifically designated as recipients, taking into account their competencies and according to the need to know principle. As far as the EU is concerned, this correspondence shall be transmitted through the Chief Registry Officer of the Council.
   Article 10
   As regards the former Yugoslav Republic of Macedonia, the Director of the Directorate for Security of Classified Information, and the Secretaries-General of the Council and of the European Commission shall oversee the implementation of this Agreement.
   Article 11
   In order to implement this Agreement:

               1.

               as regards the Former Yugoslav Republic of Macedonia, the Directorate for Security of Classified Information, acting in the name of its government and under its authority, shall be responsible for developing Security Arrangements for the protection and safeguarding of classified information provided to it;

               2.

               the General Secretariat of the Council Security Office (hereinafter referred to as ‘the GSC Security Office’), under the direction and on behalf of the Secretary General of the Council, acting in the name of the Council and under its authority shall be responsible for developing Security Arrangements for the protection and safeguarding of classified information provided to the EU under this Agreement;

               3.

               the European Commission Security Directorate, acting in the name of the European Commission and under its authority, shall be responsible for developing Security Arrangements for the protection of classified information provided or exchanged under this Agreement within the European Commission and its premises.

         Article 12
   The Security Arrangements to be established pursuant to Article 11 in agreement between the three Offices concerned shall lay down the standards of the reciprocal security protection for classified information subject to this Agreement. For the EU, these standards shall be subject to approval by the Council Security Committee. For the former Yugoslav Republic of Macedonia, these standards shall be subject to approval by the Director of the Directorate for Security of Classified Information.
   Article 13
   The Authorities defined in Article 11 shall establish procedures to be followed in the case of proven or suspected compromise of classified information subject to this Agreement.
   Article 14
   Prior to the provision of classified information subject to this Agreement between the Parties, the responsible security authorities defined in Article 11 must agree that the receiving Party is able to protect and safeguard the information subject to this Agreement in a way consistent with the arrangements to be established pursuant to Articles 11 and 12.
   Article 15
   This Agreement in no way prevents the Parties from concluding other Agreements relating to the provision or exchange of classified information subject to this Agreement provided that they do not conflict with the provisions of this Agreement.
   Article 16
   All differences between the EU and the former Yugoslav Republic of Macedonia arising out of the interpretation or application of this Agreement shall be dealt with by negotiation between the Parties.
   Article 17
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement may be reviewed for consideration of possible amendments at the request of either Party.
   3.   Any amendment to this Agreement shall only be made in writing and by common agreement of the Parties. It shall enter into force upon mutual notification as provided under paragraph 1.
   Article 18
   This Agreement may be denounced by one Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party, but shall not affect obligations already contracted under the provisions of this Agreement. In particular, all classified information provided or exchanged pursuant to this Agreement shall continue to be protected in accordance with the provisions set forth herein.
   Skopje, 25 March 2005
   The Government of the former Yugoslav Republic of Macedonia
   Sir,
   I have the honour to propose that, if it is acceptable to your Government, this letter and your confirmation shall together take the place of signature of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the security procedures for the exchange of classified information.
   The text of the aforementioned Agreement, herewith annexed, has been approved by Decision of the Council of the European Union on 24 January 2005.
   This letter also constitutes the notification, on behalf of the European Union, in accordance with Article 17(1) of the Agreement.
   Please accept, Sir, the assurance of my highest consideration.

         For the European Union

      Michael SAHLIN

         EU Special Representative

   Skopje, 25 March 2005
   Sir,
   On behalf of the Government of the Republic of Macedonia I have the honour to acknowledge receipt of your letter of today’s date regarding the signature of the Agreement between the Republic of Macedonia and the European Union on the security procedures for the exchange of classified information, together with the attached text of the Agreement.
   I consider this Exchange of Letters as equivalent of signature.
   However, I declare that the Republic of Macedonia does not accept the denomination used for my country in the abovementioned Agreement, having in mind that the constitutional name of my country is the Republic of Macedonia.
   Please accept, Sir, the assurances of my highest consideration.

      Dr Stojan SLAVESKI

         Director

   Skopje, 25 March 2005
   Sir,
   I have the honour to acknowledge receipt of your letter of today’s date.
   The European Union notes that the Exchange of Letters between the European Union and the former Yugoslav Republic of Macedonia, which takes the place of signature of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the security procedures for the exchange of classified information, has been accomplished and that this cannot be interpreted as acceptance or recognition by the European Union in whatever form or content of a denomination other than the ‘former Yugoslav Republic of Macedonia’.
   Please accept, Sir, the assurance of my highest consideration.

         For the European Union

      Michael SAHLIN

         EU Special Representative


title: Council Decision (Euratom) 2016/2116 of 12 February 2016 approving the conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Agreement extending the Framework Agreement for International Collaboration on Research and Development of Generation IV nuclearenergy systems

text:
               3.12.2016

               EN

               Official Journal of the European Union

               L 329/1

         COUNCIL DECISION (Euratom) 2016/2116
   of 12 February 2016
   approving the conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Agreement extending the Framework Agreement for International Collaboration on Research and Development of Generation IV nuclearenergy systems
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, in particular the second paragraph of Article 101 thereof,
   Having regard to the recommendation from the European Commission,
   Whereas:

               (1)

               The Generation IV International Forum (GIF) is a framework for international cooperation in research and development launched at the initiative of the United States of America in 2001. The objective of the GIF is to pool efforts to develop new nuclear energy system designs to provide a reliable supply of energy, while satisfactorily addressing nuclear-safety, waste-minimisation, non-proliferation and public concerns.

               (2)

               On 30 July 2003, on the basis of a Commission Decision of 4 November 2002, the Community joined the GIF by signing its Charter (the ‘Charter’), which the initial signatories signed in 2001. By a Commission Decision of 29 June 2011, the Community's initial 10-year adherence to the Charter was extended for an unlimited period, subject to withdrawal by unanimous consent of Member States of the Union. Any GIF member, including the Community, may withdraw by giving 90 days' written notice. As the Charter does not provide for financial exchanges or special budgetary allocations between the parties, it falls within the scope of the third paragraph of Article 101 of the Euratom Treaty.

               (3)

               In order to implement the Charter, the signatories thereto concluded the Framework Agreement for International Collaboration on Research and Development of Generation IV nuclear energy systems (the ‘Framework Agreement’), which sets out the conditions for cooperation as well as system and project arrangements.

               (4)

               On the basis of the Council Decision of 20 December 2005 concerning the approval of the accession of the European Atomic Energy Community to the Framework Agreement and a Commission Decision of 12 January 2006, adopted pursuant to the second paragraph of Article 101 of the Treaty, the Community acceded to the Framework Agreement on 24 January 2006, when the duly authorised Commissioner signed an instrument of accession, which was then deposited with the Organisation for Economic Cooperation and Development in Paris on 10 February 2006. The Joint Research Centre was designated as the Community's implementing agent in accordance with Article III.2 of the Framework Agreement.

               (5)

               The Framework Agreement entered into force on 28 February 2005 for a period of 10 years and was extended on 26 February 2015, when four parties gave their consent to be bound by the Agreement extending the Framework Agreement for International Collaboration on Research and Development of Generation IV nuclear energy systems (the ‘Extension Agreement’), in accordance with the specific extension procedure provided for in the Framework Agreement. The Community and other signatories that were unable to complete their internal approval procedures in time may subsequently renew their participation by means of a signature in accordance with Article II.3 of the Extension Agreement.

               (6)

               The renewal of the participation of the Community in the Framework Agreement is independent of any decision on the scope of participation of the Community in the various GIF systems and related project arrangements. The Community will individually determine the nature of its contribution, intellectual and financial, in GIF activities.

               (7)

               The renewal by the Commission, on behalf of the Community, of the Framework Agreement by means of signature of the Extension Agreement in accordance with the specific extension procedure should therefore be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The conclusion by the Commission, on behalf of the European Atomic Energy Community, of the Agreement extending the Framework Agreement for International Collaboration on Research and Development of Generation IV nuclear energy systems, is hereby approved.
   The text of the Extension Agreement is attached to this Decision.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 12 February 2016.

            For the Council

            The President

         J.R.V.A. DIJSSELBLOEM


Avis juridique important

|

31986D0061

86/61/EEC, Euratom, ECSC: Commission Decision of 8 January 1986 amending the provisional rules of procedure of the Commission of 6 July 1967

Official Journal L 072 , 15/03/1986 P. 0034 - 0034

*****COMMISSION  DECISION  of 8 January 1986  amending the provisional rules of procedure of the Commission of 6 July 1967  (86/61/EEC, Euratom, ECSC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to Article 16 of the Treaty establishing a Single Council and a Single Commission of the European Communities,  Whereas Article 383 (3) of the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties (1) lays down that the Commission shall make such adaptations to its rules of procedure as are made necessary by the accession of the Kingdom of Spain and the Portuguese Republic;  Whereas, this being so, it is necessary to amend Article 2 of the provisional rules of procedure of the Commission of 6 July 1967 (2), as last amended by the Decision 81/2/Euratom, ECSC, EEC (3),  HAS DECIDED AS FOLLOWS:  Article 1  Article 2 of the provisional rules of procedure of the Commission of 6 July 1967 shall be replaced by the following text:  '1. The quorum of members required to be present for the Commission to take valid decisions shall be fixed at nine.  2. In conformity with Article 17, first paragraph, of the Treaty establishing a Single Council and a Single Commission of the European Communities, the conclusion of the Commission shall be deemed to be adopted when there have been at least nine votes in favour.'  Article 2  This Decision shall come into force on 8 January 1986.  Done at Brussels, 8 January 1986.  For the Commission  The President  Jacques DELORS  (1) OJ No L 302, 15. 11. 1985, p. 136.  (2) OJ No L 147, 11. 7. 1967, p. 1.  (3) OJ No L 8, 8. 1. 1981, p. 16.


Avis juridique important

|

31990D0611

90/611/EEC: Council Decision of 22 October 1990 concerning the conclusion, on behalf of the European Economic Community, of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances

Official Journal L 326 , 24/11/1990 P. 0056 - 0057

COUNCIL DECISION  of 22 October 1990  concerning the conclusion, on behalf of the European Economic Community, of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances  (90/611/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the recommendation from the Commission,  Whereas, on 8 June 1989, at the United Nations Headquarters in New York the Community signed the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, adopted in Vienna on 19 December 1988, as did all its  Member States;  Whereas the work of the United Nations, the Council, the European Council meeting of December 1989 and the Committee for the Fight Against Drugs (CELAD) has made it possible for the Convention to enter into force rapidly;  Whereas most of the Member States will have completed their internal ratification procedures in the next few months and by 30 June 1991 at the latest;  Whereas, in respect of matters within its competence, the Community should therefore approve the Convention at the latest by the same date as the first Member States,  HAS DECIDED AS FOLLOWS:    Article 1   The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances is hereby approved on behalf of the European Economic Community.  Article 2   The President of the Council shall on behalf of the Community deposit the act of approval of the Convention with the United Nations Secretary-General.  The President of the Council shall at the same time deposit the declaration of competence contained in the Annex to this Decision, in accordance with Article 27 of the Convention.   Done at Luxembourg, 22 October 1990.  For the Council   The President   G. DE MICHELIS    ANNEX   DECLARATION REFERRED TO IN THE SECOND SUBPARAGRAPH OF ARTICLE 2  Competence of the European Economic Community as regards the matters covered by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Declaration pursuant to Article 27 (2) of the Convention)  Article 27 (2) of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances stipulates that, in their instruments of formal confirmation, regional economic integration organizations shall declare the extent of  their competence with respect to the matters covered by this Convention.  The European Economic Community was established by the Treaty of Rome which was signed on 25 March 1957 and entered into force on 1 January 1958. This Treaty was amended and supplemented by the Single European Act, which entered into force on 1 July  1987.  In accordance with the provisions referred to above, the European Economic Community is at present competent for questions of commercial policy relating to the substances frequently used in the illicit manufacture of narcotic drugs and psychotropic  substances, questions which are dealt with in Article 12 of the Convention.  The exercise of the powers which the Member States have transferred to the Communities under the Treaties is, by its nature, subject to continuous development. The Communities therefore reserve the right to make further declarations in accordance with  Article 27 (2) of the Convention.


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41998D0057

The Schengen acquis - Decision of the Executive Committee of 16 December 1998 on the introduction of a harmonised form providing proof of invitation, sponsorship and accommodation (SCH/Com-ex (98) 57)

Official Journal L 239 , 22/09/2000 P. 0299 - 0307

DECISION OF THE EXECUTIVE COMMITTEEof 16 December 1998on the introduction of a harmonised form providing proof of invitation, sponsorship and accommodation(SCH/Com-ex (98) 57)THE EXECUTIVE COMMITTEE,Having regard to Article 132 of the Convention implementing the Schengen Agreement,Having regard to Article 9 of the abovementioned Convention,Whereas it is in the interest of all the Schengen States to apply uniform rules to the issue of visas in the context of their common policy on the movement of persons, with a view to preventing possible negative consequences as regards entry into Schengen territory and internal security,Wishing to build on hitherto positive experiences of the Common Consular Instructions and to harmonise further the visa-issue procedure,Guided by the principle of solidarity between the Schengen Partners,HAS DECIDED AS FOLLOWS:Point 1.4, Chapter V of the Common Consular Instructions on Visas (Verification of other documents depending on the application) lays down the use of a harmonised form providing proof of accommodation.The form attached hereto allows for a high degree of flexibility and for use of the form adapted to the legal situation of each Contracting Party, since the Schengen States currently use very differing forms, for different types of obligation.These differences have the effect in particular of increasing the risk of misuse and for that reason, the Schengen States are introducing a document incorporating features aimed at preventing counterfeiting and falsification.Consequently, the standard document is uniform in terms of its:- layout and structure and;- security features.The standard form shall be introduced in 1999 in the States implementing the Schengen Convention in which national law makes provision for this kind of proof.1. The following sentence shall be added to point 1.4, Chapter V of the Common Consular Instructions: "Where the national laws of the Schengen States require proof of invitations from private individuals or for business trips, sponsorship declarations or proof of accommodation, a harmonised form shall be used(1)."2. The Schengen Contracting Parties shall complete the harmonised form in accordance with their national laws.3. The harmonised form to be used by the Schengen Contracting Parties for sponsorship declarations, invitations or proof of accommodation shall be drawn up at a central level, in accordance with the specifications laid down in Annex A (technical description of security features) and in Annexes A1 and A2 (specimen). The obligatory standard elements of the harmonised form are given in Annex B.4. Specimens of the documents issued by the Contracting Parties shall be added to the Common Consular Instructions in the form of Annex 15.5. France shall supply the films required for the production of the forms to the other Schengen States. The Contracting Parties shall bear the costs jointly.6. The security features of the document shall be scrutinised at regular intervals (every two years, if possible) regardless of any general amendments which may prove necessary if the form is falsified by forgers or counterfeiters or if protective measures relating to security features have been revealed.7. The document shall be produced in at least three languages.8. This Decision shall enter into force when the Schengen States have sent notification that they have implemented the requisite measures.Berlin, 16 December 1998.The ChairmanC. H. Schapper(1) Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Luxembourg, the Netherlands, Norway, Austria, Portugal and Sweden apply these principles.CONFIDENTIALAnnex ATechnical description of the formAnnex A1>PIC FILE= "L_2000239EN.030302.EPS">>PIC FILE= "L_2000239EN.030401.EPS">Annex A2>PIC FILE= "L_2000239EN.030502.EPS">>PIC FILE= "L_2000239EN.030601.EPS">Annex B>PIC FILE= "L_2000239EN.030702.EPS">


title: 2014/585/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the European Institute for Gender Equality for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/222

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the European Institute for Gender Equality for the financial year 2012
   (2014/585/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Institute for Gender Equality for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Institute for Gender Equality for the financial year 2012, together with the Institute’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 - C7-0054/2014),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality (4), and in particular Article 15 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Women’s Rights and Gender Equality (A7-0230/2014),

               1.

               Grants the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute’s budget for the financial year 2012;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Institute for Gender Equality, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 127.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 403, 30.12.2006, p. 9.

      (5)  OJ L 357, 31.12.2002, p. 72.

      (6)  OJ L 328, 7.12.2013, p. 42.