title: Council Decision (EU) 2017/783 of 25 April 2017 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex IV (Energy) to the EEA Agreement (Third Energy Package)

text:
               6.5.2017

               EN

               Official Journal of the European Union

               L 118/6

         COUNCIL DECISION (EU) 2017/783
   of 25 April 2017
   on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex IV (Energy) to the EEA Agreement
   (Third Energy Package)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62 and 114 in conjunction with Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

               (2)

               Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex IV (Energy) to the EEA Agreement.

               (3)

               Regulation (EC) No 713/2009 of the European Parliament and of the Council (3) is to be incorporated into the EEA Agreement.

               (4)

               Regulation (EC) No 714/2009 of the European Parliament and of the Council (4) is to be incorporated into the EEA Agreement.

               (5)

               Regulation (EC) No 715/2009 of the European Parliament and of the Council (5) is to be incorporated into the EEA Agreement.

               (6)

               Commission Regulation (EU) No 543/2013 (6) is to be incorporated into the EEA Agreement.

               (7)

               Directive 2009/72/EC of the European Parliament and of the Council (7) is to be incorporated into the EEA Agreement.

               (8)

               Directive 2009/73/EC of the European Parliament and of the Council (8) is to be incorporated into the EEA Agreement.

               (9)

               Commission Decision 2010/685/EU (9) is to be incorporated into the EEA Agreement.

               (10)

               Commission Decision 2012/490/EU (10) is to be incorporated into the EEA Agreement.

               (11)

               Regulation (EC) No 714/2009 repeals Regulation (EC) No 1228/2003 of the European Parliament and of the Council (11) which is incorporated into the Agreement and which is consequently to be repealed under the EEA Agreement.

               (12)

               Regulation (EC) No 715/2009 repeals Regulation (EC) No 1775/2005 of the European Parliament and of the Council (12) which is incorporated into the Agreement and which is consequently to be repealed under the EEA Agreement.

               (13)

               Directive 2009/72/EC repeals Directive 2003/54/EC of the European Parliament and of the Council (13) which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

               (14)

               Directive 2009/73/EC repeals Directive 2003/55/EC of the European Parliament and of the Council (14) which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

               (15)

               Commission Decision 2011/280/EU (15) repeals Commission Decision 2003/796/EC (16) which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

               (16)

               Annex IV (Energy) to the EEA Agreement should therefore be amended accordingly.

               (17)

               The position of the Union within the EEA Joint Committee should therefore be based on the attached draft decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment to Annex IV (Energy) to the EEA Agreement, shall be based on the draft decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 25 April 2017.

            For the Council

            The President

         I. BORG

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  OJ L 1, 3.1.1994, p. 3.

      (3)  Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (OJ L 211, 14.8.2009, p. 1).

      (4)  Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (OJ L 211, 14.8.2009, p. 15).

      (5)  Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36).

      (6)  Commission Regulation (EU) No 543/2013 of 14 June 2013 on submission and publication of data in electricity markets and amending Annex I to Regulation (EC) No 714/2009 of the European Parliament and of the Council (OJ L 163, 15.6.2013, p. 1).

      (7)  Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ L 211, 14.8.2009, p. 55).

      (8)  Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p. 94).

      (9)  Commission Decision 2010/685/EU of 10 November 2010 amending Chapter 3 of Annex I to Regulation (EC) No 715/2009 of the European Parliament and of the Council on conditions for access to the natural gas transmission networks (OJ L 293, 11.11.2010, p. 67).

      (10)  Commission Decision 2012/490/EU of 24 August 2012 on amending Annex I to Regulation (EC) No 715/2009 of the European Parliament and of the Council on conditions for access to the natural gas transmission networks (OJ L 231, 28.8.2012, p. 16).

      (11)  Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity (OJ L 176, 15.7.2003, p. 1).

      (12)  Regulation (EC) No 1775/2005 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission networks (OJ L 289, 3.11.2005, p. 1).

      (13)  Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC (OJ L 176, 15.7.2003, p. 37).

      (14)  Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ L 176, 15.7.2003, p. 57).

      (15)  Commission Decision 2011/280/EU of 16 May 2011 on repealing Decision 2003/796/EC on establishing the European Regulators Group for Electricity and Gas (OJ L 129, 17.5.2011, p. 14).

      (16)  Commission Decision 2003/796/EC of 11 November 2003 on establishing the European Regulators Group for Electricity and Gas (OJ L 296, 14.11.2003, p. 34).

      DRAFT
      DECISION OF THE EEA JOINT COMMITTEE No …
      of …
      amending Annex IV (Energy) to the EEA Agreement
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,
      Whereas:

                  (1)

                  Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (1) is to be incorporated into the EEA Agreement.

                  (2)

                  Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (2) is to be incorporated into the EEA Agreement.

                  (3)

                  Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (3), as corrected by OJ L 229, 1.9.2009, p. 29 and OJ L 309, 24.11.2009, p. 87, is to be incorporated into the EEA Agreement.

                  (4)

                  Commission Regulation (EU) No 543/2013 of 14 June 2013 on submission and publication of data in electricity markets and amending Annex I to Regulation (EC) No 714/2009 of the European Parliament and of the Council (4) is to be incorporated into the EEA Agreement.

                  (5)

                  Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (5) is to be incorporated into the EEA Agreement.

                  (6)

                  Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (6) is to be incorporated into the EEA Agreement.

                  (7)

                  Commission Decision 2010/685/EU of 10 November 2010 amending Chapter 3 of Annex I to Regulation (EC) No 715/2009 of the European Parliament and of the Council on conditions for access to the natural gas transmission networks (7) is to be incorporated into the EEA Agreement.

                  (8)

                  Commission Decision 2012/490/EU of 24 August 2012 on amending Annex I to Regulation (EC) No 715/2009 of the European Parliament and of the Council on conditions for access to the natural gas transmission networks (8) is to be incorporated into the EEA Agreement.

                  (9)

                  Regulation (EC) No 714/2009 repeals Regulation (EC) No 1228/2003 of the European Parliament and of the Council (9) which is incorporated into the Agreement and which is consequently to be repealed under the EEA Agreement.

                  (10)

                  Regulation (EC) No 715/2009 repeals Regulation (EC) No 1775/2005 of the European Parliament and of the Council (10) which is incorporated into the Agreement and which is consequently to be repealed under the EEA Agreement.

                  (11)

                  Directive 2009/72/EC repeals Directive 2003/54/EC of the European Parliament and of the Council (11) which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

                  (12)

                  Directive 2009/73/EC repeals Directive 2003/55/EC of the European Parliament and of the Council (12) which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

                  (13)

                  Commission Decision 2011/280/EU (13) repeals Commission Decision 2003/796/EC (14) which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.

                  (14)

                  The transmission system operators of the EFTA States should not be considered as third country operators for the purpose of ENTSO for Electricity and ENTSO for Gas.

                  (15)

                  Annex IV to the EEA Agreement should therefore be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      Annex IV to the EEA Agreement shall be amended as follows:

                  1.

                  The text of point 20 (Regulation (EC) No 1228/2003 of the European Parliament and of the Council) is replaced by the following:
                  ‘32009 R 0714: Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (OJ L 211, 14.8.2009, p. 15), as amended by:

                              —

                                 32013 R 0543: Commission Regulation (EU) No 543/2013 of 14 June 2013 (OJ L 163, 15.6.2013, p. 1).

                        The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

                              (a)

                              In Article 3(3) and 15(6), the word ‘Commission’ shall, for the EFTA States, be read as ‘EFTA Surveillance Authority’.

                              (b)

                              The provisions concerning binding decisions of the Agency, as referred to in Article 17(5), shall be replaced by the following provisions in cases involving an EFTA State:

                                          ‘(i)

                                          In cases involving one or more EFTA States the EFTA Surveillance Authority shall adopt a decision addressed to the national regulatory authorities of the concerned EFTA State(s).

                                          (ii)

                                          The Agency shall have the right to participate fully in the work of the EFTA Surveillance Authority and its preparatory bodies, when the EFTA Surveillance Authority carries out, as regards the EFTA States, the functions of the Agency as provided for in this Agreement, but shall not have the right to vote.

                                          (iii)

                                          The EFTA Surveillance Authority shall have the right to participate fully in the work of the Agency and its preparatory bodies, but shall not have the right to vote.

                                          (iv)

                                          The Agency and the EFTA Surveillance Authority shall cooperate closely when adopting decisions, opinions and recommendations.
                                          Decisions by the EFTA Surveillance Authority shall, without undue delay, be adopted on the basis of drafts prepared by the Agency at its own initiative or at the request of the EFTA Surveillance Authority.
                                          When preparing a draft for the EFTA Surveillance Authority in accordance with this Regulation, the Agency shall inform the EFTA Surveillance Authority. The latter shall set a time limit within which the national regulatory authorities of the EFTA States shall be allowed to express their views on the matter, taking full account of the urgency, complexity and potential consequences of the matter.
                                          National regulatory authorities of the EFTA States may request the EFTA Surveillance Authority to reconsider its decision. The EFTA Surveillance Authority shall forward this request to the Agency. In that case the Agency shall consider preparing a new draft for the EFTA Surveillance Authority and reply without undue delay.
                                          Where the Agency amends, suspends or withdraws any decision parallel to the decision adopted by the EFTA Surveillance Authority, the Agency shall, without undue delay, prepare a draft to the same effect for the EFTA Surveillance Authority.

                                          (v)

                                          In case of disagreement between the Agency and the EFTA Surveillance Authority with regard to the administration of these provisions, the Director of the Agency and the College of the EFTA Surveillance Authority shall, taking into account the urgency of the matter, without undue delay convene a meeting to find consensus. Where such consensus is not found, the Director of the Agency or the College of the EFTA Surveillance Authority may request the Contracting Parties to refer the matter to the EEA Joint Committee which shall deal with it in accordance with Article 111 of this Agreement which shall apply mutatis mutandis. In accordance with Article 2 of Decision of the EEA Joint Committee No 1/94 of 8 February 1994 adopting the Rules of Procedure of the EEA Joint Committee (15), a Contracting Party may request immediate organisation of meetings in urgent circumstances. Notwithstanding this paragraph, a Contracting Party may at any time refer the matter to the EEA Joint Committee at its own initiative in accordance with Articles 5 or 111 of this Agreement.

                                          (vi)

                                          Proceedings may be brought before the EFTA Court by the EFTA States or any natural or legal person in accordance with Articles 36 and 37 of the Surveillance and Court Agreement against the EFTA Surveillance Authority.’.

                              (c)

                              The following shall be added to Article 20:
                              ‘A request from the Commission regarding the information mentioned in Article 20(2) and 20(5) shall, for the EFTA States, be made by the EFTA Surveillance Authority to the undertaking concerned.’.

                              (d)

                              The following shall be added to Article 22(2):
                              ‘The tasks in Article 22(2) shall for undertakings concerned in the EFTA States be carried out by the EFTA Surveillance Authority.’.

                              (e)

                              The following shall be added to article 23:
                              ‘The representatives of the EFTA States shall participate fully in the work of the Committee referred to in Article 23, but shall not have the right to vote.’’.

                  2.

                  The text of point 22 (Directive 2003/54/EC of the European Parliament and of the Council) is replaced by the following:
                  ‘32009 L 0072: Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ L 211, 14.8.2009, p. 55).
                  The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptations:

                              (a)

                              References to provisions of the Treaty shall be construed as references to the corresponding provisions of the Agreement.

                              (b)

                              The Directive shall not apply to electricity cables and related facilities from an onshore connection point to facilities for petroleum production.

                              (c)

                              Article 7(2)(j) shall not apply to the EFTA States.

                              (d)

                              Article 9(1) shall apply to the EFTA States from one year after the entry into force of the Decision of the EEA Joint Committee No [this Decision] of [date].

                              (e)

                              In Article 10(7) the word ‘Commission’ shall, for the EFTA States, be read as ‘EFTA Surveillance Authority’.

                              (f)

                              Article 11(3)(b), 11(5)(b) and 11(7) shall not apply to the EFTA States.

                              (g)

                              In Article 37(1)(d) the words ‘the Agency’ shall be replaced with the words ‘the EFTA Surveillance Authority’.

                              (h)

                              Article 37(1)(s) shall not apply to EFTA States.

                              (i)

                              In Article 40(1)the word ‘Commission’ shall, for the EFTA States, be read as ‘EFTA Surveillance Authority’.

                              (j)

                              Article 44(2) shall be replaced by the following:
                              ‘Article 9 shall not apply to Cyprus, Luxembourg, Malta, Liechtenstein and/or Iceland. In addition, Articles 26, 32 and 33 shall not apply to Malta.
                              If Iceland can demonstrate, after this Decision has entered into force, that there are substantial problems for the operation of its systems, Iceland may apply for derogations from Articles 26, 32 and 33, which may be granted to it by the EFTA Surveillance Authority. The EFTA Surveillance Authority shall inform the EFTA States and the Commission of those applications before taking a decision, taking into account respect for confidentiality. That decision shall be published in the EEA Supplement to the Official Journal of the European Union.’.

                              (k)

                              The representatives of the EFTA States shall participate fully in the work of the Committee established by Article 46, but shall not have the right to vote.’.

                  3.

                  The text of point 23 (Directive 2003/55/EC of the European Parliament and of the Council) is replaced by the following:
                  ‘32009 L 0073: Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p. 94).
                  The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptations:

                              (a)

                              References to provisions of the Treaty shall be construed as references to the corresponding provisions of the Agreement.

                              (b)

                              The Directive shall not apply to Iceland.

                              (c)

                              The following shall be added to Article 2(11):
                              ‘‘LNG facility’ shall not comprise facilities for the liquefaction of natural gas which takes place as part of an offshore oil or gas production project, such as the Melkøya facility.’.

                              (d)

                              The following shall be added to Article 2(12):
                              ‘‘LNG system operator’ shall not comprise operators of facilities for the liquefaction of natural gas which takes place as part of an offshore oil or gas production project, such as the Melkøya facility.’.

                              (e)

                              Article 6 shall not apply to the EFTA States.

                              (f)

                              In Article 10(7) the word ‘Commission’ shall, for the EFTA States, be read as ‘EFTA Surveillance Authority’.

                              (g)

                              Article 11(3)(b), 11(5)(b) and 11(7) shall not apply to the EFTA States.

                              (h)

                              The provisions concerning binding decisions of the Agency, as referred to in Article 36(4) third subparagraph, shall be replaced by the following provisions in cases involving an EFTA State:

                                          ‘(i)

                                          In cases involving one or more EFTA States the EFTA Surveillance Authority shall adopt a decision addressed to the national regulatory authorities of the concerned EFTA State(s).

                                          (ii)

                                          The Agency shall have the right to participate fully in the work of the EFTA Surveillance Authority and its preparatory bodies, when the EFTA Surveillance Authority carries out, as regards the EFTA States, the functions of the Agency as provided for in this Agreement, but shall not have the right to vote.

                                          (iii)

                                          The EFTA Surveillance Authority shall have the right to participate fully in the work of the Agency and its preparatory bodies, but shall not have the right to vote.

                                          (iv)

                                          The Agency and the EFTA Surveillance Authority shall cooperate closely when adopting decisions, opinions and recommendations.
                                          Decisions by the EFTA Surveillance Authority shall, without undue delay, be adopted on the basis of drafts prepared by the Agency at its own initiative or at the request of the EFTA Surveillance Authority.
                                          When preparing a draft for the EFTA Surveillance Authority in accordance with this Directive, the Agency shall inform the EFTA Surveillance Authority. The latter shall set a time limit within which the national regulatory authorities of the EFTA States shall be allowed to express their views on the matter, taking full account of the urgency, complexity and potential consequences of the matter.
                                          National regulatory authorities of the EFTA States may request the EFTA Surveillance Authority to reconsider its decision. The EFTA Surveillance Authority shall forward this request to the Agency. In that case the Agency shall consider preparing a new draft for the EFTA Surveillance Authority and reply without undue delay.
                                          Where the Agency amends, suspends or withdraws any decision parallel to the decision adopted by the EFTA Surveillance Authority, the Agency shall, without undue delay, prepare a draft to the same effect for the EFTA Surveillance Authority.

                                          (v)

                                          In case of disagreement between the Agency and the EFTA Surveillance Authority with regard to the administration of these provisions, the Director of the Agency and the College of the EFTA Surveillance Authority shall, taking into account the urgency of the matter, without undue delay convene a meeting to find consensus. Where such consensus is not found, the Director of the Agency or the College of the EFTA Surveillance Authority may request the Contracting Parties to refer the matter to the EEA Joint Committee which shall deal with it in accordance with Article 111 of this Agreement which shall apply mutatis mutandis. In accordance with Article 2 of Decision of the EEA Joint Committee No 1/94 of 8 February 1994 adopting the Rules of Procedure of the EEA Joint Committee (16), a Contracting Party may request immediate organisation of meetings in urgent circumstances. Notwithstanding this paragraph, a Contracting Party may at any time refer the matter to the EEA Joint Committee at its own initiative in accordance with Articles 5 or 111 of this Agreement.

                                          (vi)

                                          Proceedings may be brought before the EFTA Court by the EFTA States or any natural or legal person in accordance with Articles 36 and 37 of the Surveillance and Court Agreement against the EFTA Surveillance Authority.’.

                              (i)

                              In Article 36(8) and (9) the word ‘Commission’ shall, for the EFTA States, be read as ‘EFTA Surveillance Authority’.

                              (j)

                              In Article 41(1)(d) the words ‘the Agency’ shall be replaced with the words ‘the EFTA Surveillance Authority’.

                              (k)

                              In Article 44(1) and Article 49(4) and (5)the word ‘Commission’ shall, for the EFTA States, be read as ‘EFTA Surveillance Authority’.

                              (l)

                              The following shall be added to Article 49(5):
                              ‘The following geographically limited areas in Norway shall be exempt from Articles 24, 31 and 32 for a maximum of 20 years after the entry into force of the Decision of the EEA Joint Committee No [this Decision] of [date]:

                                          (i)

                                          Jæren and Ryfylke,

                                          (ii)

                                          Hordaland.

                                    The need for continued derogation shall be decided by the Norwegian Regulatory Authority every five years after the entry into force of the Decision of the EEA Joint Committee No [this Decision] of [date] taking into account the criteria of this Article. The Norwegian Regulatory Authority shall notify the EEA Joint Committee and the EFTA Surveillance Authority of its decision and the assessment it is based upon. Within a period of two months from the day following the receipt of the decision, the EFTA Surveillance Authority may adopt a decision requiring the Norwegian Regulatory Authority to amend or withdraw its decision. This period may be extended with the consent of both the EFTA Surveillance Authority and the Norwegian Regulatory Authority. The Norwegian Regulatory Authority shall comply with the EFTA Surveillance Authority's decision within a period of one month and shall inform the EEA Joint Committee and the EFTA Surveillance Authority accordingly.’.

                              (m)

                              Article 49(6) shall be replaced by the following:
                              ‘Article 9 shall not apply to Cyprus, Luxembourg, Malta and/or Liechtenstein.’.

                              (n)

                              The representatives of the EFTA States shall participate fully in the work of the Committee established by Article 51, but shall not have the right to vote.’.

                  4.

                  The text of point 27 (Regulation (EC) No 1775/2005 of the European Parliament and of the Council) is replaced by the following:
                  ‘32009 R 0715: Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36), as corrected by OJ L 229, 1.9.2009, p. 29 and OJ L 309, 24.11.2009, p. 87, as amended by:

                              —

                                 32010 D 0685: Commission Decision 2010/685/EU of 10 November 2010 (OJ L 293, 11.11.2010, p. 67),

                              —

                                 32012 D 0490: Commission Decision 2012/490/EU of 24 August 2012 (OJ L 231, 28.8.2012, p. 16).

                        The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

                              (a)

                              The Regulation shall not apply to Iceland.

                              (b)

                              In Article 3(3) and Article 20the word ‘Commission’ shall, for the EFTA States, be read as ‘EFTA Surveillance Authority’.

                              (c)

                              The representatives of the EFTA States shall participate fully in the work of the Committee referred to in Article 28, but shall not have the right to vote.

                              (d)

                              In Article 30 the word ‘Commission’ shall, for the EFTA States, be read as ‘EFTA Surveillance Authority’.’.

                  5.

                  The following point is inserted after point 45 (Commission Decision 2011/13/EU):

                              ‘46.

                                 32009 R 0713: Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (OJ L 211, 14.8.2009, p. 1).
                              The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

                                          (a)

                                          The national regulatory authorities of the EFTA States shall participate fully in the work of the Agency for the Cooperation of Energy Regulators, hereinafter referred to as ‘the Agency’, and all preparatory bodies, including working groups, committees and task forces of the Agency, the Administrative Board and the Board of Regulators, without the right to vote.

                                          (b)

                                          Notwithstanding the provisions of Protocol 1 to the Agreement, the term ‘Member State(s)’ contained in the Regulation shall be understood to include, in addition to its meaning in the Regulation, the EFTA States.

                                          (c)

                                          As regards the EFTA States, the Agency shall, as and when appropriate, assist the EFTA Surveillance Authority or the Standing Committee, as the case may be, in the performance of their respective tasks.

                                          (d)

                                          The provisions concerning binding decisions of the Agency, as referred to in Articles 7, 8 and 9, shall be replaced by the following provisions in cases involving an EFTA State:

                                                      ‘(i)

                                                      In cases involving one or more EFTA States the EFTA Surveillance Authority shall adopt a decision addressed to the national regulatory authorities of the concerned EFTA State(s).

                                                      (ii)

                                                      The Agency shall have the right to participate fully in the work of the EFTA Surveillance Authority and its preparatory bodies, when the EFTA Surveillance Authority carries out, as regards the EFTA States, the functions of the Agency as provided for in this Agreement, but shall not have the right to vote.

                                                      (iii)

                                                      The EFTA Surveillance Authority shall have the right to participate fully in the work of the Agency and its preparatory bodies, but shall not have the right to vote.

                                                      (iv)

                                                      The Agency and the EFTA Surveillance Authority shall cooperate closely when adopting decisions, opinions and recommendations.
                                                      Decisions by the EFTA Surveillance Authority shall, without undue delay, be adopted on the basis of drafts prepared by the Agency at its own initiative or at the request of the EFTA Surveillance Authority.
                                                      When preparing a draft for the EFTA Surveillance Authority in accordance with this Regulation, the Agency shall inform the EFTA Surveillance Authority. The latter shall set a time limit within which the national regulatory authorities of the EFTA States shall be allowed to express their views on the matter, taking full account of the urgency, complexity and potential consequences of the matter.
                                                      National regulatory authorities of the EFTA States may request the EFTA Surveillance Authority to reconsider its decision. The EFTA Surveillance Authority shall forward this request to the Agency. In that case the Agency shall consider preparing a new draft for the EFTA Surveillance Authority and reply without undue delay.
                                                      Where the Agency amends, suspends or withdraws any decision parallel to the decision adopted by the EFTA Surveillance Authority, the Agency shall, without undue delay, prepare a draft to the same effect for the EFTA Surveillance Authority.

                                                      (v)

                                                      In case of disagreement between the Agency and the EFTA Surveillance Authority with regard to the administration of these provisions, the Director of the Agency and the College of the EFTA Surveillance Authority shall, taking into account the urgency of the matter, without undue delay convene a meeting to find consensus. Where such consensus is not found, the Director of the Agency or the College of the EFTA Surveillance Authority may request the Contracting Parties to refer the matter to the EEA Joint Committee which shall deal with it in accordance with Article 111 of this Agreement which shall apply mutatis mutandis. In accordance with Article 2 of Decision of the EEA Joint Committee No 1/94 of 8 February 1994 adopting the Rules of Procedure of the EEA Joint Committee (17), a Contracting Party may request immediate organisation of meetings in urgent circumstances. Notwithstanding this paragraph, a Contracting Party may at any time refer the matter to the EEA Joint Committee at its own initiative in accordance with Articles 5 or 111 of this Agreement.

                                                      (vi)

                                                      Proceedings may be brought before the EFTA Court by the EFTA States or any natural or legal person in accordance with Articles 36 and 37 of the Surveillance and Court Agreement against the EFTA Surveillance Authority.’.

                                          (e)

                                          The following shall be added to Article 12:
                                          ‘The national regulatory authorities of the EFTA States shall participate fully in the Administrative Board, but shall not have the right to vote. The internal rules of procedure of the Administrative Board shall give full effect to the participation of the national regulatory authorities of the EFTA States.’.

                                          (f)

                                          The following shall be added to Article 14:
                                          ‘The national regulatory authorities of the EFTA States shall participate fully in the Board of Regulators and all preparatory bodies of the Agency. They shall not have the right to vote in the Board of Regulators. The internal rules of procedure of the Board of Regulators shall give full effect to the participation of the national regulatory authorities of the EFTA States.’.

                                          (g)

                                          The provisions of Article 19 shall be replaced by the following:
                                          ‘If the appeal concerns a decision of the Agency in a case where the disagreement also involves the national regulatory authorities of one or more EFTA States, the Board of Appeal shall invite the national regulatory authorities of the EFTA State(s) involved to file observations on communications from parties affected by the appeal proceedings, within specified time limits. The national regulatory authorities of the EFTA State(s) involved shall be entitled to make oral presentations. Where the Board of Appeal amends, suspends or withdraws any decision parallel to the decision adopted by the EFTA Surveillance Authority, the Agency shall without undue delay prepare a draft decision to the same effect for the EFTA Surveillance Authority.’.

                                          (h)

                                          The provisions of Article 20 shall not apply in cases involving one or more EFTA States.

                                          (i)

                                          The following shall be added to Article 21:
                                          ‘The EFTA States shall participate in the financing of the Agency. For this purpose the procedures laid down in Article 82(1)(a) and Protocol 32 of the Agreement shall apply.’.

                                          (j)

                                          The following shall be added to Article 27:
                                          ‘The EFTA States shall grant privileges and immunities to the Agency equivalent to those contained in the Protocol on Privileges and Immunities of the European Union.’.

                                          (k)

                                          The following shall be added to Article 28:
                                          ‘By way of derogation from Article 12(2)(a) and 82(3)(a) of the Conditions of employment of other servants of the European Union, nationals of the EFTA States enjoying their full rights as citizens may be engaged under contract by the Director of the Agency.
                                          By way of derogation from Articles 12(2)(e), 82(3)(e) and 85(3) of the Conditions of Employment of Other Servants, the languages referred to in Article 129(1) of the EEA Agreement shall be considered by the Agency, in respect of its staff, as languages of the Union referred to in Article 55(1) of the Treaty on European Union.’.

                                          (l)

                                          The following shall be added to Article 30(1):
                                          ‘Regulation (EC) No 1049/2001 of the European Parliament and the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents shall, for the application of this Regulation, apply to any documents of the Agency regarding the EFTA States as well.’.

                                          (m)

                                          The following shall be added to Article 32:
                                          ‘The representatives of the EFTA States shall participate fully in the work of the Committee established by Article 32, but shall not have the right to vote.’’.

                  6.

                  The following point is inserted after point 46 (Regulation (EC) No 713/2009 of the European Parliament and of the Council):

                              ‘47.

                                 32013 R 0543: Commission Regulation (EU) No 543/2013 of 14 June 2013 on submission and publication of data in electricity markets and amending Annex I to Regulation (EC) No 714/2009 of the European Parliament and of the Council (OJ L 163, 15.6.2013, p. 1).’.

                  7.

                  The text of point 21 (Commission Decision 2003/796/EC) is deleted.

            Article 2
      The texts of Regulations (EC) No 713/2009, (EC) No 714/2009, (EC) No 715/2009 as corrected by OJ L 229, 1.9.2009, p. 29 and OJ L 309, 24.11.2009, p. 87 and (EU) No 543/2013, Directives 2009/72/EC and 2009/73/EC and Decisions 2010/685/EU and 2012/490/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
      Article 3
      This Decision shall enter into force on […], or on the day following the last notification to the EEA Joint Committee under Article 103(1) of the EEA Agreement, whichever is the later (18).
      Article 4
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels,

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L 211, 14.8.2009, p. 1.

         (2)  OJ L 211, 14.8.2009, p. 15.

         (3)  OJ L 211, 14.8.2009, p. 36.

         (4)  OJ L 163, 15.6.2013, p. 1.

         (5)  OJ L 211, 14.8.2009, p. 55.

         (6)  OJ L 211, 14.8.2009, p. 94.

         (7)  OJ L 293, 11.11.2010, p. 67.

         (8)  OJ L 231, 28.8.2012, p. 16.

         (9)  OJ L 176, 15.7.2003, p. 1.

         (10)  OJ L 289, 3.11.2005, p. 1.

         (11)  OJ L 176, 15.7.2003, p. 37.

         (12)  OJ L 176, 15.7.2003, p. 57.

         (13)  OJ L 129, 17.5.2011, p. 14.

         (14)  OJ L 296, 14.11.2003, p. 34.

         (15)  OJ L 85, 30.3.1994, p. 60.

         (16)  OJ L 85, 30.3.1994, p. 60.

         (17)  OJ L 85, 30.3.1994, p. 60.

         (18)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


title: 2008/874/EC: Decision of the European Central Bank of 14 November 2008 on the implementation of Regulation ECB/2008/11 of 23 October 2008 on temporary changes to the rules relating to eligibility of collateral (ECB/2008/15)

text:
               20.11.2008

               EN

               Official Journal of the European Union

               L 309/8

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 14 November 2008
   on the implementation of Regulation ECB/2008/11 of 23 October 2008 on temporary changes to the rules relating to eligibility of collateral
   (ECB/2008/15)
   (2008/874/EC)
   THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty establishing the European Community and in particular to the first indent of Article 105(2) and to Article 110,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank and in particular to the second indent of Article 34.1, in conjunction with the first indent of Article 3.1 and Article 18.2,
   Having regard to Article 8 of Regulation ECB/2008/11 of 23 October 2008 on temporary changes to the rules relating to eligibility of collateral,
   Whereas:

               (1)

               On 15 October 2008, the Governing Council of the European Central Bank (ECB) decided to temporarily admit credit claims arising under syndicated loans governed by the laws of England and Wales as eligible collateral for the purposes of Eurosystem monetary policy operations. On 23 October 2008, the Governing Council gave effect to its decision by adopting Regulation ECB/2008/11 (1).

               (2)

               Under Article 3(2) of Regulation ECB/2008/11, for syndicated loans governed by the laws of England and Wales, the total number of governing laws applying to the mobilisation of such loans may not exceed three. The legal complexities inherent in the mobilisation of syndicated loans, when up to three different governing laws can apply, require the conduct of legal and risk assessments by the national central banks of the Member States that have adopted the euro (hereinafter ‘the NCBs’), when providing liquidity against such collateral.

               (3)

               The legal complexity involved in the mobilisation of the above loans requires the adoption of implementation criteria relating to the acceptance, as eligible collateral, of syndicated loans governed by the laws of England and Wales,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Definitions
   For the purposes of this Decision:

               —

               ‘General Documentation’ means Annex I to Guideline ECB/2000/7 of 31 August 2000 on monetary policy instruments and procedures of the Eurosystem (2),

               —

               ‘syndicated loans’ means credit claims represented by shares of syndicate member institutions in syndicated loans, as described in Chapter 6.2.2 of the General Documentation and governed by the laws of England and Wales.

         Article 2
   Mobilisation techniques for syndicated loans
   1.   An NCB shall mobilise syndicated loans directly from its relevant counterparty in accordance with its respective domestic procedures for credit claims. The mobilisation agreement shall be governed by the law of a Member State belonging to the euro area.
   2.   Chapter 6.6 of the General Documentation shall not apply to the mobilisation of syndicated loans.
   Article 3
   Transferability of loans
   Only fully transferable syndicated loans shall be eligible. For the purposes of the fourth indent of Appendix 7 of Annex I to the General Documentation, syndicated loans shall not be considered to be fully transferable and capable of being mobilised without restriction as collateral for Eurosystem credit operations unless the loan agreement unconditionally permits:

               (i)

               the lender to charge, assign or otherwise create a security interest in or over its rights to secure obligations of that lender to an NCB; and

               (ii)

               the relevant NCB to enforce its security interest over such loan by way of collecting payments under the loan directly or indirectly from the underlying debtor and by way of assigning or transferring the loan to a bank or financial institution or to a trust fund or other entity which is regularly engaged in or established for the purpose of making, purchasing or investing in loans, securities or other financial assets.

         Article 4
   Notification to the debtor
   1.   The counterparty shall be required to notify the debtor under a syndicated loan agreement of the mobilisation of such syndicated loan as collateral before or immediately following mobilisation of such loan. Such notification shall be given in accordance with the applicable procedures as specified in the syndicated loan agreement.
   2.   Paragraph 1 is without prejudice to the right of the relevant NCB to notify the debtor.
   Article 5
   Registration certificate
   Counterparties shall provide the relevant NCB with a copy of the confirmation received from the Registrar of Companies of England and Wales that mobilisation of the syndicated loan has been registered at Companies House.
   Article 6
   Submission by the counterparty of a diligence letter from external legal counsel
   Before mobilisation of syndicated loans, counterparties shall deliver to the relevant NCB a diligence letter from external legal counsel addressing, in a manner and form satisfactory to the Eurosystem, certain diligence issues, as these may be elaborated on from time to time by the ECB and published on its website.
   Article 7
   Special purpose vehicles as debtors
   1.   A special purpose vehicle (SPV) shall be an eligible debtor under a syndicated loan only if (i) the SPV is the beneficiary of a guarantee that is issued by a non-financial corporation eligible as a guarantor within the meaning of Chapter 6.2.2 of the General Documentation; (ii) the guarantee complies with the requirements set out in Chapter 6.3.3 of the General Documentation; and (iii) the relevant NCB is legally entitled to enforce the guarantee following the mobilisation of the syndicated loan.
   2.   Credit claims arising under syndicated loans with SPVs as debtors shall be eligible collateral for Eurosystem credit operations only if the SPV and the guarantor are established in the euro area.
   3.   The requirement to provide legal confirmation, as provided for in Chapter 6.3.3 of the General Documentation, shall also apply where the debtor is an SPV benefiting from a guarantee in accordance with paragraph 1.
   Article 8
   Currency of denomination
   For the purposes of Chapter 6.2.2 of the General Documentation, syndicated loans shall be considered to be denominated in euro only insofar as the relevant loan agreement does not allow the debtor or the debtor’s agent, on its behalf, to vary the currency in which the syndicated loan is denominated or payable at any time before the maturity of the relevant Eurosystem credit operation.
   Article 9
   No set-off or counterclaim
   Syndicated loans shall only constitute eligible collateral for Eurosystem credit operations if the relevant syndicated loan agreement includes an express provision pursuant to which all payments to be made by the debtor are made free and clear of any deduction for set-off or counterclaim.
   Article 10
   Restrictions on realisation of collateral
   1.   Syndicated loans containing contractual provisions requiring a majority of lenders to adopt syndicate decisions vis-à-vis the debtor shall be eligible collateral for Eurosystem credit operations.
   2.   Syndicated loan agreements containing contractual provisions authorising certain terms of the relevant syndicated loan agreement to be amended or waived with the consent of a majority of lenders shall be eligible collateral for Eurosystem credit operations; provided, however, that the loan agreement for such loans does not provide that majority decisions may be taken with respect to: (i) an extension to the date of payment of any amount due under the agreement; or (ii) a reduction in margin or in the amount of any payment of principal or interest; or (iii) a change to the principle that each lender’s obligations under the agreement are several.
   3.   Syndicated loans involving a facility agent for the collection and distribution of payments shall be eligible collateral for Eurosystem credit operations only where the facility agent is a credit institution with a minimum long-term rating of ‘A-’ by Fitch or Standard & Poor’s, ‘A3’ by Moody’s or of ‘AL’ by DBRS.
   Article 11
   Replacement of lender clauses
   A syndicated loan containing contractual provisions permitting the debtor to replace the lender in exchange for an outstanding loan shall only be eligible collateral for Eurosystem credit operations where, prior to mobilisation, the counterparty provides the relevant NCB with an enforceable security interest in or over the counterparty’s right to receive cash in respect of such exchange.
   Article 12
   Disclosure of confidential information
   A syndicated loan shall only constitute eligible collateral for Eurosystem credit operations if the syndicated loan agreement permits the lender to disclose confidential information to a Eurosystem central bank in connection with any charge, assignment or security interest created by the lender in or over its rights under the agreement to secure obligations of that lender to a Eurosystem central bank.
   Article 13
   Taxation and Indemnity
   1.   A syndicated loan shall only be eligible collateral for Eurosystem credit operations if the counterparty fulfils the conditions set out in this Article.
   2.   The counterparty shall provide confirmation from UK tax counsel to the effect that either: (a) the debtor will not be required to retain UK withholding tax as a result of any transfer, under either English or any other law, of the beneficial ownership of the loan asset to the NCB; or (b) the debtor will be required to retain UK withholding tax as a result of such transfer of beneficial ownership to the NCB, but that the NCB should be eligible to benefit from the tax treaty between the UK and the jurisdiction of the NCB, such that once a direction has been issued by Her Majesty’s Revenue & Customs (HMRC) under the relevant treaty, the debtor will be entitled to make interest payments to the NCB without withholding UK tax and the NCB will be entitled to recover tax previously withheld; or (c) the debtor will be required to retain UK withholding tax as a result of such transfer of beneficial ownership to the NCB and the NCB will not be eligible to benefit from the tax treaty between the UK and the NCB’s jurisdiction or any other exemption.
   3.   Where UK tax counsel confirms that the transfer of beneficial ownership of the loan asset to the NCB falls under either category (b) or (c) in paragraph 2 above, the counterparty will be required to agree to indemnify the NCB for any UK withholding tax that is withheld by the debtor (and not grossed up pursuant to the syndicated loan agreement), and for all adverse cash-flow consequences of any UK withholding tax that is first retained from, and then refunded to, the NCB.
   4.   The counterparty shall assume any and all responsibility for notifying the debtor of any transfer of the beneficial ownership of the loan asset to the NCB that results in the debtor being required to withhold UK tax (or to withhold UK tax at a different rate).
   5.   The counterparty shall bear the full cost of any UK stamp duty (as well as any penalty and interest thereon) that is payable as a result of any transfer, under either English or any other law, of the beneficial ownership of the loan asset, and that the NCB reasonably considers has to be paid in order for the NCB to be able to adduce the loan asset as evidence in an English court or use the loan asset for some other purpose in the UK. The counterparty shall also bear the full cost of any UK stamp duty reserve tax payable as a result of any such transfer, if applicable.
   6.   The counterparty shall provide confirmation from appropriate tax counsel in such jurisdictions that the counterparty considers applicable, to the effect that the debtor will not be required to retain non-UK withholding tax as a result of any transfer, under either English or any other law, of the beneficial ownership of the loan asset to the NCB, and that any such transfer will not trigger liability to any non-UK stamp or transfer duty.
   7.   The counterparty shall fully indemnify the relevant NCB in respect of any fees due to the facility or paying agent, or any other fees or costs related to the administration of the loan.
   Article 14
   Final provisions
   1.   This Decision shall enter into force on 17 November 2008.
   2.   This Decision shall apply until 30 November 2008.

      Done at Frankfurt am Main, 14 November 2008.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 282, 25.10.2008, p. 17.

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


title: 2009/153/EC,Euratom: Council and Commission Decision of 16 February 2009 on the conclusion of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               24.2.2009

               EN

               Official Journal of the European Union

               L 51/8

      COUNCIL AND COMMISSION DECISION

   of 16 February 2009
   on the conclusion of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2009/153/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the second sentence of the first subparagraph of Article 300(2), and the second subparagraph of Article 300(3) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the Act of Accession of Bulgaria and Romania and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the assent of the European Parliament (1),
   Having regard to the Council’s approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               The Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, has been signed on behalf of the Community on 15 July 2008 in accordance with Council Decision 2008/800/EC (2).

               (2)

               The Protocol should be concluded,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.
   Article 2
   The President of the Council shall, on behalf of the European Community and its Member States, deposit the instruments of approval provided for in Article 12(2) of the Protocol. The President of the Commission shall simultaneously deposit these instruments on behalf of the European Atomic Energy Community.

      Done at Brussels, 16 February 2009.

            For the Council

            The President

         O. LIŠKA

            For the Commission

            The President

         José MANUEL BARROSO

      (1)  Assent given on 16 December 2008 (not yet published in the Official Journal).

      (2)  OJ L 286, 29.10.2008, p. 45.


title: 2014/837/EU: Council Decision of 27 November 2014 determining certain direct financial consequences incurred as a result of the cessation of the participation of the United Kingdom of Great Britain and Northern Ireland in certain acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon

text:
               28.11.2014

               EN

               Official Journal of the European Union

               L 343/17

         COUNCIL DECISION
   of 27 November 2014
   determining certain direct financial consequences incurred as a result of the cessation of the participation of the United Kingdom of Great Britain and Northern Ireland in certain acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon

      (2014/837/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Protocol No 36 on transitional provisions (hereinafter ‘Protocol No 36’), annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, and in particular the third subparagraph of Article 10(4) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Under Protocol No 36, the United Kingdom had the possiblity to notify to the Council, by 31 May 2014, that it does not accept the powers of the Commission and of the Court of Justice, introduced by the Treaty of Lisbon, with respect to acts of the Union in the field of police cooperation and judicial cooperation in criminal matters which had been adopted before the entry into force of the Treaty of Lisbon.

               (2)

               By letter to the President of the Council dated 24 July 2013, the United Kingdom notified the Council that it does not accept the powers of the Commission and of the Court of Justice introduced by the Treaty of Lisbon in the field of police cooperation and judicial cooperation in criminal matters. As a consequence, the relevant acts in the field of police cooperation and judicial cooperation in criminal matters cease to apply to the United Kingdom on 1 December 2014.

               (3)

               The United Kingdom may notify its wish to participate in the acts which have ceased to apply to it.

               (4)

               The United Kingdom has indicated its intention to notify its wish to participate in some of those acts.

               (5)

               In accordance with the second subparagraph of Article 10(4) of Protocol No 36, the Council should, on a proposal from the Commission, determine the necessary consequential and transitional arrangements. The Council may also, on the basis of the third subparagraph of Article 10(4), determine that the United Kingdom should bear the direct financial consequences necessarily and unavoidably incurred as a result of the cessation of its participation in those acts.

               (6)

               As the United Kingdom has not notified the Council of its wish to participate in Council Decisions 2008/615/JHA (1) and 2008/616/JHA (2) and Council Framework Decision 2009/905/JHA (3) (hereinafter ‘the Prüm Decisions’), they will cease to apply to the United Kingdom as from 1 December 2014. However, given the practical and operational significance of the Prüm Decisions to the Union for public security, and more particularly for law enforcement and the prevention, detection and investigation of criminal offences, the Council decided by Decision 2014/836/EU (4) that the United Kingdom is to undertake a full business and implementation case in order to assess the merits and practical benefits of the United Kingdom rejoining the Prüm Decisions and the necessary steps for it to do so, the results of which are to be published by 30 September 2015. If the business and implementation case is positive, the United Kingdom will decide, by 31 December 2015, whether to notify the Council, within the following four weeks, of its wish to participate in the Prüm Decisions, in accordance with Article 10(5) of Protocol No 36.

               (7)

               Funds from the Programme ‘Prevention of and Fight against Crime’, established by Council Decision 2007/125/JHA (5), have been allocated to the United Kingdom for two projects related to Decisions 2008/615/JHA and 2008/616/JHA, first concerning the implementation by the United Kingdom of the Prüm DNA Exchange, with a maximum co-funding of EUR 961 019 granted to the Home Office, and second concerning the Prüm Fingerprint Evaluation by the United Kingdom, with a maximum co-funding of EUR 547 836 granted to the Home Office. This amounts to a total of EUR 1 508 855.

               (8)

               In case the United Kingdom does not respect one of the deadlines set out in Article 2 of Decision 2014/836/EU, or decides not to participate in the Prüm Decisions, it should repay, as a direct financial consequence necessarily and unavoidably incurred as a result of the cessation of its participation in the Prüm Decisions, the sums actually paid by the Commission as a contribution from the general budget of the Union for the implementation of those Decisions.

               (9)

               In accordance with the third subparagraph of Article 10(4) of Protocol No 36, the United Kingdom is participating in the adoption of this Decision and is bound by it,

         HAS ADOPTED THIS DECISION:
   Article 1
   In case the United Kingdom does not respect one of the deadlines set out in Article 2 of Decision 2014/836/EU, or decides not to participate in the Prüm Decisions, it shall repay to the general budget of the Union the sums, up to EUR 1 508 855, received under the Programme ‘Prevention of and Fight against Crime’.
   Article 2
   This Decision shall enter into force on 1 December 2014.

      Done at Brussels, 27 November 2014.

            For the Council

            The President

         A. GIACOMELLI

      (1)  Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1).

      (2)  Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12).

      (3)  Council Framework Decision 2009/905/JHA of 30 November 2009 on accreditation of forensic service providers carrying out laboratory activities (OJ L 322, 9.12.2009, p. 14).

      (4)  Council Decision 2014/836/EU of 27 November 2014 determining certain consequential and transitional arrangements concerning the cessation of the participation of the United Kingdom of Great Britain and Northern Ireland in certain acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon (see page 11 of this Official Journal).

      (5)  Council Decision 2007/125/JHA of 12 February 2007 establishing for the period 2007 to 2013, as part of General Programme on Security and Safeguarding Liberties, the Specific Programme ‘Prevention of and Fight against Crime’ (OJ L 58, 24.2.2007, p. 7).


title: Council Decision of 20 September 2011 appointing a member and an alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Malta

text:
               22.9.2011

               EN

               Official Journal of the European Union

               C 278/2

         COUNCIL DECISION
   of 20 September 2011
   appointing a member and an alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for Malta
   (2011/0000/)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (1), and in particular Article 6 thereof,
   Having regard to the lists of nominees submitted by the Governments of the Member States and by the workers' and employers' organisations,
   Whereas:

               (1)

               By its Decisions of 22 November 2010 (2) and 7 March 2011 (3), the Council appointed the members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period from 1 December 2010 to 30 November 2013, with the exception of certain members and alternate members.

               (2)

               The Government of Malta has submitted nominations for two posts to be filled,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed member and alternate member of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period ending on 30 November 2013:
   I.   GOVERNMENT REPRESENTATIVES

               Country

               Member

               Alternate

               Malta

               Mr Noel VELLA

               Ms Sylvia GAUCI

         Article 2
   The Council will appoint the members and alternate members who have not yet been nominated at a later date.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 20 September 2011.

            For the Council

            The President

         M. SAWICKI

      (1)  OJ L 139, 30.5.1975, p. 1.

      (2)  OJ C 322, 27.11.2010, p. 8.

      (3)  OJ C 83, 17.3.2011, p. 4.


title: 75/188/EEC: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and the Arab Republic of Egypt on the supply of butteroil as food aid

text:
1 . 4 . 75                      Official Journal of the European Communities                        No L 81 / 1
                                                         II
                                    (Acts ivhose publication is not obligatory)
                                                COUNCIL
                                             COUNCIL DECISION
                                               of 17 February 1975
           on the conclusion of the Agreement between the European Economic Commu
             nity and the Arab Republic of Egypt on the supply of butteroil as food aid
                                                   (75/ 188 / EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community, and in
           particular Articles 113 , 114 and 228 thereof ;
           Having regard to the recommendation from the Commission ;
           Whereas by Regulation (EEC) No 530/74, the Council has decided to make 1 000 metric
           tons of butteroil available to the Arab Republic of Egypt,
           HAS DECIDED AS FOLLOWS :
                                                     Article 1
           The Agreement between the European Economic Community and the Arab Republic of
           Egypt on the supply of butteroil as food aid is hereby concluded on behalf of the Commu
           nity.
           The text of the Agreement is annexed to this Decision .
                                                     Article 2
           The President of the Council is hereby authorized to designate the persons empowered to
           sign the Agreement, and to confer on them the powers necessary to bind the Community .
           Done at Brussels, 17 February 1975.
                                                                        For the Council
                                                                         The President
                                                                           R. RYAN


Avis juridique important

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32001D0265

2001/265/EC: Council Decision of 19 March 2001 concerning the conclusion of the Agreement between the European Community and the Republic of Bulgaria establishing certain conditions for the carriage of goods by road and the promotion of combined transport (Text with EEA relevance.)

Official Journal L 108 , 18/04/2001 P. 0004 - 0005

Council Decisionof 19 March 2001concerning the conclusion of the Agreement between the European Community and the Republic of Bulgaria establishing certain conditions for the carriage of goods by road and the promotion of combined transport(Text with EEA relevance)(2001/265/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 71 and 93 in conjunction with the second subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The conclusion of the Agreement between the European Community and the Republic of Bulgaria establishing certain conditions for the carriage of goods by road and the promotion of combined transport (hereinafter referred to as "the Agreement") provides an appropriate means for the further development of transport relations between the Contracting Parties.(2) The conclusion of the Agreement contributes to the smooth functioning of the internal market because it will promote transit traffic through the Republic of Bulgaria for internal transport between Greece and the other Member States and thus enable intra-Community trade to be conducted at the least possible cost to the public at large and to reduce to a minimum the administrative and technical obstacles which affect it.(3) The conclusion of the Agreement promotes combined transport, with a view to protecting the environment.(4) The Agreement should be approved on behalf of the Community,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and the Republic of Bulgaria establishing certain conditions for the carriage of goods by road and the promotion of combined transport is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council shall give the notification provided for in Article 19 of the Agreement.Article 3The Commission, assisted by representatives of the members of the Council, shall represent the Community in the Community/Bulgaria Transport Committee (hereinafter referred to as "the Committee") set up by Article 13 of the Agreement.The position to be taken by the Community within the Committee shall be adopted by the Council acting by a qualified majority on a proposal from the Commission. The Council shall act by simple majority when the decision which the Committee proposes to take relates to the Committee's rules of procedure.Decisions taken by the Committee shall be published in the Official Journal of the European Communities.Article 4This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 19 March 2001.For the CouncilThe PresidentM. Winberg(1) OJ 89 E, 28.3.2000, p. 52.(2) Opinion delivered on 25.10.2000 (not yet published in the Official Journal).


title: 2010/812/EU: Decision of the European Parliament and of the Council of 15 December 2010 on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/023 ES/Lear from Spain)

text:
               28.12.2010

               EN

               Official Journal of the European Union

               L 342/24

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 15 December 2010
   on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/023 ES/Lear from Spain)
   (2010/812/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               Spain submitted an application on 23 July 2010 to mobilise the EGF in respect of redundancies in the enterprise Lear and supplemented it with additional information on 10 August 2010. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 382 200.

               (5)

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

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2010, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 382 200 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 15 December 2010.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         O. CHASTEL

      (1)  OJ C 139, 14.6.2006, p. 1.

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


title: Council Decision 2012/325/CFSP of 25 June 2012 extending the mandate of the European Union Special Representative for Sudan and South Sudan

text:
               26.6.2012

               EN

               Official Journal of the European Union

               L 165/49

         COUNCIL DECISION 2012/325/CFSP
   of 25 June 2012
   extending the mandate of the European Union Special Representative for Sudan and South Sudan
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 11 August 2010, the Council adopted Decision 2010/450/CFSP (1) appointing Mrs Rosalind MARSDEN as the European Union Special Representative (EUSR) for Sudan.

               (2)

               On 1 August 2011, the Council adopted Decision 2011/499/CFSP (2) which modified the mandate and the title of the EUSR in view of the declaration of independence by South Sudan. The EUSR’s mandate is to expire on 30 June 2012.

               (3)

               The mandate of the EUSR should be extended for a further period of 12 months.

               (4)

               The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mrs Rosalind MARSDEN as the EUSR for Sudan and South Sudan is hereby extended until 30 June 2013. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   The mandate of the EUSR shall be based on the policy objectives of the Union in relation to Sudan and South Sudan, working with their Governments, the African Union (AU) and the United Nations (UN) and other national, regional and international stakeholders, to achieve a peaceful coexistence between Sudan and South Sudan based on the principle of two viable, peaceful, and prosperous States. The Union’s policy objectives include actively contributing to the resolution of outstanding Comprehensive Peace Agreement (CPA) and post-CPA issues and helping the parties to implement what has been agreed; supporting efforts to stabilise the volatile north-south border area; promoting institution building and fostering stability, security and development in South Sudan; facilitating a political solution to the conflict in Darfur; promoting efforts to resolve the conflict in Southern Kordofan and Blue Nile states; promoting democratic governance, accountability and respect for human rights, including cooperation with the International Criminal Court; stepping up engagement in East Sudan; and improving humanitarian access throughout Sudan and South Sudan.
   In addition, the mandate of the EUSR shall be based on the Union’s policy objective to contribute to the mitigation and elimination of threats to the stability of South Sudan and the wider region posed by the Lord’s Resistance Army (LRA).
   Article 3
   Mandate
   In order to achieve the policy objectives, the EUSR’s mandate shall be to:

               (a)

               liaise with the Government of Sudan, the Government of South Sudan, Sudanese and South Sudanese political parties, the armed and rebel movements in Sudan and South Sudan, as well as civil society and non-governmental organisations, with the aim of pursuing the Union’s policy objectives;

               (b)

               maintain close cooperation with the UN, including the UN Mission in South Sudan (Unmiss), the UN Interim Security Force for Abyei (UNISFA) and the UN Special Envoy, the AU and in particular the AU High-Level Implementation Panel for Sudan (AUHIP), the AU/UN hybrid operation in Darfur (Unamid), the League of Arab States (LAS), the Inter-Governmental Agency for Development (IGAD), and other leading regional and international stakeholders;

               (c)

               represent the Union and promote its policy objectives and positions in international and public fora, as appropriate;

               (d)

               contribute to furthering the coherence and effectiveness of Union policy towards Sudan and South Sudan while promoting a consistent international approach towards the two countries;

               (e)

               contribute to international mediation efforts led by AUHIP to facilitate agreement between Sudan and South Sudan on outstanding post-CPA issues and to find an inclusive political solution to the ongoing conflict in Southern Kordofan and Blue Nile states;

               (f)

               support the implementation of issues agreed under the CPA and eventual implementation of agreements on post-CPA issues;

               (g)

               promote institution-building inside South Sudan;

               (h)

               contribute to international efforts to facilitate a comprehensive, inclusive and durable peace agreement for Darfur and to promote the implementation of the Doha Document, working closely with the UN, the AU, the Government of Qatar and other international stakeholders, as appropriate;

               (i)

               promote respect for human rights by maintaining regular contacts with the relevant authorities in Sudan and South Sudan, the Office of the Prosecutor of the International Criminal Court, the Office of the High Commissioner for Human Rights and the human rights observers active in the region;

               (j)

               contribute to the implementation of the Union’s human rights policy, including the EU Guidelines on human rights, in particular the EU Guidelines on children and armed conflict as well as on violence against women and girls and combating all forms of discrimination against them, and the Union policy regarding UN Security Council Resolution 1325 (2000) on women, peace and security, including by monitoring and reporting on developments as well as formulating recommendations in this regard;

               (k)

               contribute to the implementation of a comprehensive Union approach to Sudan and South Sudan as agreed by the Foreign Affairs Council on 20 June 2011;

               (l)

               contribute, in close cooperation with the European External Action Service (EEAS), to Union engagement with all relevant stakeholders to support efforts to mitigate and eliminate the threat to civilians and stability in South Sudan and the wider region posed by the LRA;

               (m)

               follow up and report on compliance by the Sudanese and South Sudanese parties with the relevant UN Security Council Resolutions, in particular 1556 (2004), 1564 (2004), 1590 (2005), 1591 (2005), 1593 (2005), 1612 (2005), 1663 (2006), 1672 (2006), 1679 (2006), 1769 (2007), 1778 (2007), 1881 (2009), 1882 (2009), 1891 (2009), 1919 (2010), 1990 (2011), 1996 (2011), 2024 (2011), 2046 (2012).

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
   2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the EEAS and its relevant departments.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR for the period from 1 July 2012 to 30 June 2013 shall be EUR 1 900 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of the EUSR’s mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy and security issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
   2.   Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and the staff of the EUSR
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of the EUSR’s staff shall be agreed with the host country/countries, as appropriate. Member States and the Commission shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of the EUSR’s team shall respect the security principles and minimum standards established by Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (3).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission, the EEAS and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations and/or the Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with the EUSR’s mandate and the security situation in the geographical area of responsibility, for the security of all personnel under the EUSR’s direct authority, in particular by:

               (a)

               establishing a mission-specific security plan based on guidance from the EEAS, including mission-specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the mission area, as well as the management of security incidents and including a mission contingency and evacuation plan;

               (b)

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

               (c)

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

               (d)

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

         Article 11
   Reporting
   1.   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties as necessary. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports.
   2.   The EUSR shall regularly report to the PSC on the situation in Darfur and on the situation in Sudan and South Sudan.
   Article 12
   Coordination
   1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union’s action and shall help ensure that all Union instruments and Member States’ actions are engaged consistently, to attain the Union’s policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region. The EUSR shall provide Member States’ missions and Union delegations in the region with regular briefings.
   2.   In the field, close liaison shall be maintained with the Heads of Union delegations, including in Khartoum, Juba, Addis Ababa and New York and with Member States’ Heads of Mission. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with other international and regional actors in the field.
   3.   The EUSR, in close coordination with the Head of Union delegation in Juba, shall provide local political guidance to the Head of Mission of EUAVSEC-South Sudan. The EUSR and the Civilian Operation Commander shall consult each other as required.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a progress report by the end of December 2012 and a comprehensive mandate implementation report at the end of the mandate.
   Article 14
   Entry into force
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 25 June 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 211, 12.8.2010, p. 42.

      (2)  OJ L 206, 11.8.2011, p. 50.

      (3)  OJ L 141, 27.5.2011, p. 17.


title: 2005/454/EC, Euratom: Council Decision of 13 June 2005 appointing a Member of the European Economic and Social Committee

text:
               23.6.2005

               EN

               Official Journal of the European Union

               L 160/25

         COUNCIL DECISION
   of 13 June 2005
   appointing a Member of the European Economic and Social Committee
   (2005/454/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Council Decision 2002/758/EC, Euratom of 17 September 2002 appointing the Members of the Economic and Social Committee for the period from 21 September 2002 to 20 September 2006 (1),
   Having regard to the nomination submitted by the French Government,
   Having regard to the opinion of the Commission,
   Whereas:
   A Member’s seat on the European Economic and Social Committee has fallen vacant following the resignation of Mr Noël DUPUY, of which the Council was informed on 2 February 2005,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Bruno CLERGEOT is hereby appointed a Member of the European Economic and Social Committee in place of Mr Noël DUPUY for the remainder of the latter’s term of office, which ends on 20 September 2006.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the date of its adoption.

      Done at Luxembourg, 13 June 2005.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 253, 21.9.2002, p. 9.


Avis juridique important

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32002D0621(01)

Council Decision of 11 June 2002 appointing the Swedish members and alternate members of the Advisory Committee on Safety, Hygiene and Health Protection at Work

Official Journal C 148 , 21/06/2002 P. 0002 - 0002

Council Decisionof 11 June 2002appointing the Swedish members and alternate members of the Advisory Committee on Safety, Hygiene and Health Protection at Work(2002/C 148/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Decision 74/325/EEC of 27 June 1974 on the setting up of an Advisory Committee on Safety, Hygiene and Health Protection at Work(1),Having regard to the list of candidates submitted to the Council by the Swedish Government,Whereas:(1) By its Decision of 18 December 2000(2) the Council appointed the members and alternate members of the Advisory Committee on Safety, Hygiene and Health Protection at Work for the period from 18 December 2000 to 17 December 2003, with the exception of the representatives of Swedish trade unions and employers' organisations.(2) The Swedish members and alternate members of the Advisory Committee on Safety, Hygiene and Health Protection at Work should be appointed for the remainder of the current term of office, which runs until 17 December 2003,HAS DECIDED AS FOLLOWS:Article 1The following are hereby appointed members and alternate members of the Advisory Committee on Safety, Hygiene and Health Protection at Work for the period from 11 June 2002 to 17 December 2003:1. TRADE UNION REPRESENTATIVES>TABLE>2. EMPLOYERS' REPRESENTATIVES>TABLE>Article 2This Decision shall be published, for information, in the Official Journal of the European Communities.Done at Luxembourg on 11 June 2002.For the CouncilThe PresidentM. Arias Cañete(1) OJ L 185, 9.7.1974, p. 15.(2) OJ C 1, 4.1.2001, p. 1.