title: 2011/853/EU: Council Decision of 29 November 2011 on the signing, on behalf of the Union, of the European Convention on the legal protection of services based on, or consisting of, conditional access

text:
               20.12.2011

               EN

               Official Journal of the European Union

               L 336/1

         COUNCIL DECISION
   of 29 November 2011
   on the signing, on behalf of the Union, of the European Convention on the legal protection of services based on, or consisting of, conditional access
   (2011/853/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union and in particular Article 114 thereof, in conjunction with Article 218(5) thereof,
   Having regard to the proposal by the European Commission,
   Whereas:

               (1)

               On 16 July 1999, the Council authorised the Commission to negotiate within the Council of Europe, on behalf of the European Community, a convention concerning the legal protection of services based on, or consisting of, conditional access.

               (2)

               The European Convention on the legal protection of services based on, or consisting of, conditional access (‘the Convention’) was adopted by the Council of Europe on 24 January 2001.

               (3)

               The Convention establishes a regulatory framework which is almost identical to that set out in Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access (1).

               (4)

               The Convention entered into force on 1 July 2003 and is open for signing by the Union and its Member States.

               (5)

               The signing of the Convention would help to extend the application of provisions similar to those in Directive 98/84/EC beyond the borders of the Union and establish a law on services based on conditional access which would be applicable throughout the European continent.

               (6)

               By adopting Directive 98/84/EC, the Union has exercised its internal competence in the fields covered by the Convention except as regards Articles 6 and 8 thereof, insofar as Article 8 relates to the measures under Article 6. The Convention should be therefore signed both by the Union and its Member States.

               (7)

               The Convention should be signed on behalf of the Union, subject to its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the European Convention on the legal protection of services based on, or consisting of, conditional access is hereby authorised on behalf of the Union, subject to the conclusion of the Convention.
   The text of the Convention is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the Union, the Convention.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 29 November 2011.

            For the Council

            The President

         K. SZUMILAS

      (1)  OJ L 320, 28.11.1998, p. 54.
    ---documentbreak---

               20.12.2011

               EN

               Official Journal of the European Union

               L 336/2

         EUROPEAN CONVENTION ON THE LEGAL PROTECTION OF SERVICES BASED ON, OR CONSISTING OF, CONDITIONAL ACCESS
   PREAMBLE
   The member States of the Council of Europe, other States and the European Community signatory hereto,
   Considering that the aim of the Council of Europe is to achieve a greater unity between its members;
   Bearing in mind Recommendation No R (91) 14 of the Committee of Ministers on the legal protection of encrypted television services;
   Considering that piracy of decoding equipment for encrypted services is still a problem throughout Europe;
   Noting that new types of conditional access services and devices, as well as new forms of unlawful access to these, have appeared since the adoption of the above recommendation;
   Noting that there is great disparity among European States on legislation aimed at protecting services based on, or consisting of, conditional access;
   Noting that unlawful access threatens the economic viability of the organisations providing broadcasting and information society services and, in consequence, may affect the diversity of programmes and services offered to the public;
   Convinced of the need to pursue a common policy aimed at the protection of services based on, or consisting of, conditional access;
   Convinced that criminal, administrative or other sanctions can play an effective role in the prevention of unlawful activities against conditional access services;
   Believing that particular attention should be given to illicit activities that are undertaken for commercial purposes;
   Taking account of existing international instruments which contain provisions aiming at the protection of services based on, or consisting of, conditional access,
   HAVE AGREED AS FOLLOWS:
   SECTION I

      GENERAL PROVISIONS

   Article 1
   Object and purpose
   This Convention is concerned with broadcasting and information society services offered against payment and based on, or which consist of, conditional access. The purpose of this Convention is to make illegal on the territory of the Parties a number of activities which give unauthorised access to protected services, and to approximate the legislation of Parties in this area.
   Article 2
   Definitions
   For the purposes of this Convention:

               (a)

               ‘protected service’ means any of the following services, when provided against remuneration and on the basis of conditional access:

                           —

                           television programme services, as defined in Article 2 of the amended European Convention on Transfrontier Television,

                           —

                           radio broadcasting services, meaning radio programmes intended for reception by the public, transmitted by wire or over the air, including by satellite,

                           —

                           information society services, understood as those offered by electronic means, at a distance and at the individual request of a recipient of services,

                     or the provision of conditional access to the above services, considered as a service in its own right;

               (b)

               ‘conditional access’ means any technical measure and/or arrangement permitting access in an intelligible form, and subject to prior individual authorisation, to one of the services mentioned in point (a) of this Article;

               (c)

               ‘conditional access device’ means any equipment, software and/or arrangement designed or adapted to give access in an intelligible form to one of the services mentioned in point (a) of this Article;

               (d)

               ‘illicit device’ means any equipment, software and/or arrangement designed or adapted to give access in an intelligible form to one of the services mentioned in point (a) of this Article, without the authorisation of the service provider.

         Article 3
   Beneficiaries
   This Convention shall apply to any legal or natural persons offering a protected service as defined in Article 2(a) above, regardless of their nationality and whether or not they come under the jurisdiction of a Party.
   SECTION II

      ILLICIT ACTIVITIES

   Article 4
   Offences
   It shall be unlawful to carry out one of the following activities on the territory of a Party:

               (a)

               the manufacture or production of illicit devices for commercial purposes;

               (b)

               the importation of illicit devices for commercial purposes;

               (c)

               the distribution of illicit devices for commercial purposes;

               (d)

               the sale or rental of illicit devices for commercial purposes;

               (e)

               the possession of illicit devices for commercial purposes;

               (f)

               the installation, maintenance or replacement of illicit devices for commercial purposes;

               (g)

               the commercial promotion, marketing or advertising of illicit devices.

         Each Party may, at any time, in a declaration addressed to the Secretary-General of the Council of Europe, declare that it will also make unlawful other activities than those referred to in the first paragraph of this Article.
   SECTION III

      SANCTIONS AND REMEDIES

   Article 5
   Sanctions for unlawful activities
   The Parties shall adopt measures to make the unlawful activities established in Article 4 above punishable by criminal, administrative or other sanctions. Such measures shall be effective, dissuasive and proportionate to the potential impact of the unlawful activity.
   Article 6
   Confiscation measures
   The Parties shall adopt such appropriate measures as may be necessary to enable it to seize and confiscate illicit devices or the promotional, marketing or advertising material used in the commission of an offence, as well as the forfeiture of any profits or financial gains resulting from the unlawful activity.
   Article 7
   Civil proceedings
   The Parties shall adopt the necessary measures to ensure that providers of protected services whose interests are affected by an unlawful activity established in Article 4 above have access to appropriate remedies, including bringing an action for damages and obtaining an injunction or other preventive measure, and where appropriate, applying for the elimination of illicit devices from commercial channels.
   SECTION IV

      IMPLEMENTATION AND AMENDMENTS

   Article 8
   International cooperation
   The Parties undertake to render each other mutual assistance in order to implement this Convention. The Parties shall afford each other, in accordance with the provisions of relevant international instruments on international cooperation in criminal or administrative matters and with their domestic law, the widest measure of cooperation in investigations and judicial proceedings relating to criminal or administrative offences established in accordance with this Convention.
   Article 9
   Multilateral consultations
   1.   The Parties shall, within two years from the entry into force of this Convention and every two years thereafter, and, in any event, whenever a Party so requests, hold multilateral consultations within the Council of Europe to examine the application of this Convention and the advisability of extending or revising any of its provisions, in particular as regards the definitions under Article 2. These consultations shall take place at meetings convened by the Secretary-General of the Council of Europe.
   2.   Each Party may be represented at multilateral consultation meetings by one or more delegates. Each Party shall have the right to vote. Each State Party to this Convention shall have one vote. Concerning questions within its competence, the European Community shall exercise its right to vote and cast a number of votes equal to the number of its member States that are Parties to the Convention. The European Community shall not exercise its right to vote when the vote concerns a question which does not fall within its competence.
   3.   Any State referred to in Article 12, paragraph 1, or the European Community, which is not a Party to this Convention, may be represented in the consultation meetings by an observer.
   4.   After each consultation, the Parties shall forward to the Committee of Ministers of the Council of Europe a report on the consultation and on the functioning of the Convention, including, if it is considered necessary, proposals for the amendment of the Convention.
   5.   Subject to the provisions of this Convention, the Parties shall lay down rules of procedure for the consultation meetings.
   Article 10
   Amendments
   1.   Any Party may propose amendments to this Convention.
   2.   Any proposal for amendment shall be notified to the Secretary-General of the Council of Europe who shall communicate it to the member States of the Council of Europe, to the other States Party to the European Cultural Convention, to the European Community and to any non-member State which has acceded to or has been invited to accede to this Convention in accordance with the provisions of Article 13.
   3.   Any amendment proposed in accordance with the provisions of the previous paragraph shall be examined, within six months from the date on which it is communicated by the Secretary-General, at a multilateral consultation meeting, where that amendment can be adopted by a majority of two-thirds of the States which have ratified the Convention.
   4.   The text adopted by the multilateral consultation meeting shall be submitted to the Committee of Ministers for approval. Once it has been approved, the text of the amendment shall be forwarded to the Parties for acceptance.
   5.   All amendments shall enter into force on the 30th day after all the Parties have informed the Secretary-General of their acceptance thereof.
   6.   On the basis of a recommendation by a multilateral consultation meeting, the Committee of Ministers may decide, by the majority provided for in Article 20(d) of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Parties entitled to sit on the Committee, that a particular amendment shall enter into force following the expiry of a period of two years after the date on which it has been forwarded for acceptance, unless a Party has notified the Secretary-General of the Council of Europe of an objection to its entry into force. Should such an objection be notified, the amendment shall enter into force on the first day of the month following the date on which the Party to the Convention which has notified the objection has deposited its instrument of acceptance with the Secretary-General of the Council of Europe.
   7.   If an amendment has been approved by the Committee of Ministers, but has not yet entered into force in accordance with paragraph 5 or 6 above, a State or the European Community may not express their consent to be bound by the Convention without accepting at the same time the amendment.
   Article 11
   Relationship with other conventions or agreements
   1.   This Convention does not affect the rights and undertakings derived from international multilateral conventions concerning special matters.
   2.   The Parties to the Convention may conclude bilateral or multilateral agreements with one another on the matters dealt with in this Convention, for purposes of supplementing or strengthening its provisions or facilitating the application of the principles embodied in it.
   3.   If two or more Parties have already concluded an agreement or treaty in respect of a subject which is dealt with in this Convention or otherwise have established their relations in respect of that subject, they shall be entitled to apply that agreement or treaty or to regulate those relations accordingly, in lieu of the present Convention, if it facilitates international cooperation.
   4.   In their mutual relations, Parties which are members of the European Community shall apply Community rules and shall not therefore apply the rules arising from this Convention except in so far as there is no Community rule governing the particular subject concerned.
   SECTION V

      FINAL CLAUSES

   Article 12
   Signature and entry into force
   1.   This Convention shall be open for signature by the member States of the Council of Europe and the other States party to the European Cultural Convention, and by the European Community. Such States and the European Community may express their consent to be bound by:

               (a)

               signature without reservation as to ratification, acceptance or approval; or

               (b)

               signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

         2.   Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the Council of Europe.
   3.   This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three States have expressed their consent to be bound by the Convention in accordance with the provisions of the preceding paragraph.
   4.   In respect of any signatory State or the European Community which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the expression of its consent to be bound by the Convention in accordance with the provisions of paragraph 1.
   Article 13
   Accession to the Convention by non-member States
   1.   After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the Parties to the Convention, may invite any State which is not referred to in Article 12, paragraph 1, to accede to this Convention, by a decision taken by the majority provided for in Article 20(d) of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee.
   2.   In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary-General of the Council of Europe.
   Article 14
   Territorial application
   1.   Any State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply.
   2.   Any State or the European Community may, at any later date, by a declaration addressed to the Secretary-General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary-General.
   3.   Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary-General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary-General.
   Article 15
   Reservations
   No reservation may be made to this Convention.
   Article 16
   Settlement of disputes
   In case of a dispute between Parties as to the interpretation or application of this Convention, the Parties concerned shall seek to achieve a friendly settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to an arbitral tribunal whose decisions shall be binding upon the Parties.
   Article 17
   Denunciation
   1.   Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary-General of the Council of Europe.
   2.   Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary-General.
   Article 18
   Notifications
   The Secretary-General of the Council of Europe shall notify the member States of the Council of Europe, the other States party to the European Cultural Convention, the European Community and any other State which has acceded to this Convention of:

               (a)

               any signature in accordance with Article 12;

               (b)

               the deposit of any instrument of ratification, acceptance, approval or accession in accordance with Article 12 or 13;

               (c)

               any date of entry into force of this Convention in accordance with Articles 12 and 13;

               (d)

               any declaration made in accordance with Article 4;

               (e)

               any proposal for amendment made under Article 10;

               (f)

               any other act, notification or communication relating to this Convention.

      In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
      Done at Strasbourg, the 24th day of January 2001, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the other States party to the European Cultural Convention, to the European Community and to any State invited to accede to it.


title: Council Decision of 23 May 2011 concerning the conclusion, on behalf of the European Union, of the Agreement on the Protection and Sustainable Development of the Prespa Park Area

text:
               4.10.2011

               EN

               Official Journal of the European Union

               L 258/1

         COUNCIL DECISION
   of 23 May 2011
   concerning the conclusion, on behalf of the European Union, of the Agreement on the Protection and Sustainable Development of the Prespa Park Area
   (2011/646/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with point (6)(a) of Article 218, thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (1) (‘the EU Water Framework Directive’) requires, where river basins extend beyond the territory of the Union, Member States to endeavour to establish appropriate coordination with the relevant non-Member States, with the aim of achieving the objectives of the Directive throughout the river basin district.

               (2)

               On 27 June 2006, the Council adopted a decision authorising the Commission, on behalf of the European Community, to negotiate the conclusion of international river basin agreements to improve cooperation in European river basins shared between certain Member States and third countries.

               (3)

               The Prespa Lakes and their surroundings are a unique natural area with high ecological significance, which can only be preserved through a holistic approach at basin level.

               (4)

               An Agreement on the Protection and Sustainable Development of the Prespa Park Area has been negotiated by the European Commission, Greece, Albania and the former Yugoslav Republic of Macedonia and constitutes an upgrade of the existing cooperation in the area, while holding the potential to contribute to the successful implementation of the EU Water Framework Directive.

               (5)

               The Agreement should be concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement on the Protection and Sustainable Development of the Prespa Park Area is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to proceed, on behalf of the Union, to the notification provided for in Article 18 of the Agreement, in order to express the consent of the Union to be bound by the Agreement.
   Article 3
   This Decision shall enter into force on the day of its adoption (2).

      Done at Brussels, 23 May 2011.

            For the Council

            The President

         MARTONYI J.

      (1)  OJ L 327, 22.12.2000, p. 1.

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

               4.10.2011

               EN

               Official Journal of the European Union

               L 258/2

         AGREEMENT
   on the Protection and Sustainable Development of the Prespa Park Area
   The Ministries of the Environment of the three States sharing the Prespa Lakes Area and the European Union, hereinafter referred to as ‘The Parties’,
   MINDFUL of the Declaration of the Prime Ministers of the three States of 2 February 2000 on the Creation of the Prespa Park and the Environmental Protection and Sustainable Development of the Prespa Lakes and their Surroundings,
   RECALLING the Joint Statement of the Prime Ministers of the three States sharing the Prespa Lakes basin of 27 November 2009 at Pyli,
   CONSIDERING that the Prespa Lakes and their surrounding basin are a unique natural area whose geomorphological, ecological, biodiversity and cultural significance is of international importance, as a vital habitat for the conservation of numerous rare and/or endemic fauna and flora species, as a nesting place of globally threatened birds, and as a depository of significant archaeological and traditional heritage,
   RECOGNISING their common responsibility for the conservation of the Prespa Lakes basin ecosystem and its components as well as for its natural beauty, as a basis for the economic and social well-being of its inhabitants and for creating economic development opportunities (including agriculture, fisheries and tourism),
   CONVINCED that only through adopting a holistic approach at the basin level can they ensure and maintain the biodiversity, the key functions and the human benefits of the Prespa Lakes basin,
   AWARE that individual actions of countries are not sufficient to bring about conservation of the ecosystems of Prespa and its cultural heritage, while improving the standard of living of its inhabitants,
   WISHING to enhance cooperation among competent authorities and stakeholders in the three States in order to maintain and protect the unique ecological values of the Prespa Lakes basin and prevent and/or reverse the causes of its habitat degradation, as requested by the Declaration of the Prime Ministers of 2 February 2000,
   RESOLVED to explore appropriate management methods for the sustainable use and protection of the Prespa Lakes water and freshwater ecosystems, as requested by the Declaration of the Prime Ministers of 2 February 2000, and in accordance with the requirements of the EU Water Framework Directive 2000/60/EC and related Directives,
   AWARE of the long history of human use of the area and the compatibility of traditional uses with nature conservation,
   CONFIRMING their commitment to the sustainable development of the Prespa Lakes basin that can be brought about in a coherent way through transboundary cooperation, in accordance with the principles of the European Union’s integration process,
   TAKING NOTE of the Drin dialogue initiated in 2009 amongst competent authorities and stakeholders towards the development of a shared vision for the sustainable management of the Drin basin and the promotion of transboundary cooperation,
   BEARING IN MIND the relevant provisions of international legal instruments in force in the field of environmental protection to which they are parties or signatories,
   RECALLING the bilateral agreements in force between the Parties concerning cooperation in the field of environmental protection and sustainable development,
   BEARING in mind that one of the Parties is a Member State of the European Union, one is a candidate country for EU membership and one is potential candidate country for EU membership and that the latter two have also concluded a Stabilisation and Association Agreement with the EU,
   RECOGNISING the differentiated but complementary capacity of governmental and non-governmental organisations in the three State Parties with respect to the conservation and management of the Prespa area,
   TAKING INTO ACCOUNT the experience gained from the trilateral cooperation in the framework of the Prespa Park since 2000 through the operation of the interim Coordination Committee and its Secretariat,
   TAKING INTO ACCOUNT the Strategic Action Plan for the Sustainable Development of the Prespa Park elaborated within the framework of the interim Coordination Committee and its Secretariat,
   HAVE AGREED AS FOLLOWS:
   PART ONE

      GENERAL PROVISIONS

   Article 1
   Definitions
   For the purposes of this Agreement:

               —

               the ‘Prespa Park Area’ (the ‘Area’) is the geographical area in the territory of the three States included in the basin of the Prespa Lakes, comprising surface and properly assigned groundwaters, and designated as a transboundary protected area under the Declaration of 2 February 2000,

               —

               ‘Transboundary Impact’ means any effect on the environment within an area under the jurisdiction of a Party, including adverse effects on human health and safety, flora, fauna, soil, air, water, climate, landscape and historical monuments or other physical structures or the interaction among these factors, as well as effects on cultural heritage or socioeconomic conditions, resulting from alterations to those factors, caused by a change, the physical origin of which is situated wholly or in part within the area under the jurisdiction of another Party.

         Article 2
   Objective of the Agreement
   The Parties shall cooperate in order to ensure an integrated protection of the ecosystem and the sustainable development of the Prespa Park Area, including the development of integrated river basin management plans, according to international and European Union standards.
   PART TWO

      PRINCIPLES OF COOPERATION

   Article 3
   Basic obligations
   1.   For the fulfilment of the objectives of Article 2, the Parties shall take the necessary measures and apply best available techniques, individually and in cooperation on the basis of sovereign equality, territorial integrity, mutual benefit, and good faith, to:

               (a)

               manage prudently the water quality and quantity of the Prespa Lakes giving special attention to the water level of both lakes;

               (b)

               prevent, control and reduce pollution of the waters in the Prespa Lakes Area;

               (c)

               protect and conserve the biodiversity of the Area by protecting especially the endemic, rare, threatened or endangered species of flora and fauna and by restoring and managing sensitive habitats as well as ecosystems and ecosystem services, on the basis of international and EU legislation including Directives 92/43/EEC and 2009/147/EC, and the EU Biodiversity Policy;

               (d)

               protect the soil from erosion, depletion, infections and pollution;

               (e)

               ensure, promote and control the prudent use of natural resources and the sustainable development of the Prespa Park Area;

               (f)

               prevent introduction and breeding of alien animal and plant species;

               (g)

               effectively regulate the activities which cause or may cause negative impact in the Prespa Lakes Area in order to prevent or minimise such effects.

         2.   To this end, the Parties shall:

               (a)

               design and implement integrated management plans and programmes for the protection and sustainable development of the Area, in accordance with the Strategic Action Plan for the Sustainable Development of the Prespa Park;

               (b)

               develop coherent strategies for spatial, urban and other land-use plans as well as protected area management plans, in order to ensure the watershed’s land management according to the principle of sustainable development and to the increased protection required for the Area, on the basis of international and EU legislation including Directives 92/43/EEC and 2009/147/EC;

               (c)

               approve and apply faithfully the environmental standards and criteria for the watershed as described in Article 4;

               (d)

               adopt and implement legal, administrative, economic, financial and technical measures in order to ensure:

                           (i)

                           the application to the maximum possible extent of sustainable agriculture and low-impact animal breeding based on the Area’s carrying capacity and fishing rules compatible with the prudent use concept;

                           (ii)

                           the management of household and agricultural waste according to best available techniques;

                           (iii)

                           the amelioration and modernisation of road and communication networks and other social infrastructure and services in a manner consistent with the protection of biodiversity, the conservation of the protected areas and the sustainable development of the Prespa Park Area;

               (e)

               facilitate the regular exchange of ideas among the Parties, conserve traditional architecture and monuments, develop and implement a joint strategy for the touristic development of the Area, and promote public awareness and environmental education as a means for reaching local solutions;

               (f)

               expedite the full and effective realisation of the watershed community individuals’ rights of access to environmental information, public participation in decision-making in environmental matters, and access to justice in such matters;

               (g)

               establish and maintain an effective, common standard system of monitoring in order to observe, manage and control the environmental state of the Lakes and their watershed;

               (h)

               in case of contingencies, adopt common measures to quickly evaluate and mitigate them.

         Article 4
   Environmental standards and criteria
   1.   The Parties to this Agreement, with the assistance of the Committee described in Article 10, shall set out the exact criteria, standards, limits and objectives for the protection, conservation and development of the Area in accordance with the objectives of Article 2.
   2.   For this purpose, the Parties shall take appropriate steps to:

               (a)

               implement the legal commitments stemming from international and EU norms and standards for the protection and conservation of the Lakes and their watershed;

               (b)

               adjust relevant national environmental standards and criteria to local conditions and requirements of the watershed;

               (c)

               require the use of the best available technology and contemporary environmental practices.

         Article 5
   Sustainable water management
   The Parties agree to cooperate on the management of the waters of the Prespa Park Area in a sustainable manner. This includes integrated management of surface and groundwater resources at basin level, on the basis of Directive 2000/60/EC and related Directives, that shall provide for:

               (a)

               water in sufficient quantity and of appropriate quality for drinking purposes;

               (b)

               water in sufficient quantity and of appropriate quality for the preservation, protection, and, if necessary, restoration of natural aquatic ecosystems, including wetlands, and their functions;

               (c)

               water in sufficient quantity and of appropriate quality for other legitimate uses contributing to sustainable economic and social development of local societies, taking into account the need to adapt to possible impacts of climate change;

               (d)

               rehabilitation or alleviation of the negative impacts of past hydrological interventions, with special emphasis on the River Devolli – Lake Micro Prespa system;

               (e)

               protection against detrimental effects of water (flooding, erosion, etc.) using best available techniques;

               (f)

               resolution of conflicts of interest caused by different uses; and

               (g)

               effective control of the water management regime that shall be established.

         To that effect, the Parties will set up the Working Group on Water as laid down in Article 14.
   Article 6
   Exchange of data and information
   The Parties will organise a formal system for regular exchange of information among their competent authorities in order to assist in achieving effective protection of the Prespa Park Area, including exchange of:

               (a)

               qualitative and quantitative data on water, aquatic ecosystems, and important habitats and species;

               (b)

               experience gained through the application of best available techniques and results of research and development in the fields of wetland protection, water management, and measures for prevention, reduction and control of pollution.

         Article 7
   Transboundary impact
   The Parties shall cooperate with a view to agree measures aimed at securing the integrity of the environment, and especially water, in the Area and the elimination or reduction of transboundary impacts on the environment caused by human activities. In particular, they shall cooperate on developing and applying appropriate environmental impact assessment procedures in the Area, in accordance with the Espoo Convention on environmental impact assessment in a transboundary context, to which they are parties.
   Article 8
   Cooperation with international organisations and donors
   In implementing this Agreement, the Parties shall seek partners locally, nationally and internationally, and will especially cooperate with:

               —

               the Ramsar Convention and the MedWet Initiative,

               —

               UNDP,

               —

               GEF,

               —

               bilateral donors active in the region, such as KfW, GTZ and SDC,

               —

               Unesco,

               —

               IUCN,

               —

               Institutions of the European Union, and

               —

               others.

         PART THREE

      MECHANISMS OF COOPERATION

   Article 9
   High-level segment
   The Ministers of Environment of the three State Parties and the representative of the EU shall meet regularly to review progress in the implementation of this Agreement and in achieving the objectives of Article 2, to review the work of the Prespa Park Management Committee and subsidiary organs, to set the agenda of joint activities in the Prespa Park Area for the coming period, and to provide political guidance. These meetings will take place at least once every 2 years, unless otherwise decided by the Parties, or at the written request of any Party, at a venue rotating between the three State Parties.
   Article 10
   Prespa Park Management Committee
   1.   In order to ensure effectiveness in the achievement of the objectives and commitments specified in this Agreement, the Parties hereby establish the Prespa Park Management Committee.
   2.   The Prespa Park Management Committee shall have the international legal capacity of a plurilateral institution necessary for the exercise of its functions, including keeping relations with donors in order to secure projects and donations, which will be used for the implementation of this Agreement.
   3.   The Prespa Park Management Committee shall have the following composition:

               (a)

               one representative of the Ministry of Environment of each State Party and one representative of the European Union;

               (b)

               one representative from the local communities in the Prespa region from each State Party;

               (c)

               one representative of the environmental non-governmental organisations (NGOs) from each State Party, with significant local activities in the Prespa area;

               (d)

               one representative of the local protected area management authorities from each State Party;

               (e)

               one permanent observer from the MedWet Initiative of the Convention on Wetlands (Ramsar);

               (f)

               one permanent observer from the Ohrid Management Committee.

         The Parties’ representatives in the Committee shall be formally nominated within 3 months from the entry into force of this Agreement.
   4.   The Committee shall meet on a regular basis (twice a year). An extraordinary Committee meeting shall be called at the request of any of the Parties.
   5.   Each calendar year the venue of the regular meetings will rotate among the three State Parties. Therefore, two consecutive ordinary meeting will be held in each State every 3 years. Preferably, regular meetings should be held in the Prespa region.
   6.   The meetings shall be chaired by the representative of the State Party in which they are held. The term of the chair follows the annual rotation of paragraph 5.
   7.   The work of the Committee will be carried out in English.
   8.   At its first meeting, the Committee shall approve its internal rules of organisation and procedure.
   9.   The Committee may invite experts to participate at its meetings, depending on the theme of the meeting, and may form working groups on specific issues composed of experts and officials. The first working group is established under this Agreement (Article 14) on water management issues.
   10.   Four years after the beginning of its operation, the functioning and effectiveness of the Prespa Park Management Committee will be reviewed by the High-level segment of Article 9 and, if necessary, its composition and terms of reference will be adjusted in accordance with Article 17 of this Agreement.
   Article 11
   Functions of the Management Committee
   The Prespa Park Management Committee shall:

               (1)

               monitor and coordinate the activities carried out for the protection and sustainable development of the Prespa Park Area in the implementation of this Agreement and of the Strategic Action Plan for the Sustainable Development of the Prespa Park;

               (2)

               identify and recommend to the Parties and other interested actors next steps and necessary actions, measures and activities for the implementation of this Agreement, and invite them to cooperate, to coordinate and carry out joint projects. More specifically, the Committee shall assist the Parties in implementing and strengthening the effectiveness of this Agreement by providing recommendations and opinions on:

                           (a)

                           the drafting and application of standards, environmental criteria and requirements, which will serve as the basis for accomplishing integrated protection and sustainable development of the Lakes and their watershed;

                           (b)

                           the completion of the regulatory framework of the watershed area, including spatial plans and protected area regulations and management plans;

                           (c)

                           the drafting and application of strategies, integrated management plans and programmes to be implemented in the Prespa Park Area, which affect or may affect the achievement of the objectives of this Agreement;

                           (d)

                           the application of a programme of effective monitoring in order to observe, manage and control the state of the environment and the status of surface and ground waterbodies;

                           (e)

                           the definition of priority directions and programmes of scientific study and research for the protection and sustainable development of the Prespa Park Area and the promotion of publication of expert information;

                           (f)

                           the gathering, elaboration and publication of environmental information on the Prespa Lakes Area;

                           (g)

                           the promotion of public, NGO and other stakeholders’ participation in the protection of the Lakes and their watershed;

               (3)

               facilitate the coordination of planning and activities with transboundary relevance by local protected area management bodies in the three States involved;

               (4)

               evaluate the results of ongoing actions according to the objectives of Article 2, and disseminate its findings widely;

               (5)

               serve as the steering body for GEF and other similar programmes and projects concerning the Area;

               (6)

               identify and propose possible funding sources at a national, European and international level for necessary actions, measures and projects;

               (7)

               gather any available information related to the Lakes and their watershed, ask for and receive proposals from governmental institutions, bodies and NGOs in order to improve its work and to increase the commitment of the Parties to the implementation of the Agreement;

               (8)

               prepare and publish an annual report on the state of the environment for the Prespa Park Area, which will include one section where the Committee’s work would be described;

               (9)

               liaise with the Ohrid Management Committee, acquire observer status at its meetings and coordinate action in order to achieve the best results in the protection and sustainable development of the wider region;

               (10)

               contribute as appropriate to the process for the sustainable management of the extended Drin basin dialogue;

               (11)

               contribute to the mobilisation of resources of the Parties and the international community, as appropriate, to manage the risks and mitigate the negative impacts, in case of unexpected events, such as floods, forest fires and other natural or anthropogenic catastrophes as well as to protect the vulnerable ecosystems of the Area and their functions and services from the effects of climate change.

         Article 12
   Decisions of the Management Committee
   1.   The Committee shall decide by consensus. In case consensus is not reached, the issue shall be referred for settlement to the High-level segment.
   2.   The Committee shall address its recommendations to the Parties.
   3.   Each Party shall implement the Committee recommendations in accordance with domestic law and shall report regularly to the Committee on measures taken for their implementation.
   4.   In the event that a Party is unable or only partly able to implement a Committee recommendation, it shall inform the Committee to this effect, explain the reasons for the non-implementation and propose the modalities and the timing for implementation.
   5.   The Committee shall keep a register of the decisions taken.
   Article 13
   Secretariat
   1.   The Committee is assisted by a subsidiary technical organ, the Secretariat, in fulfilling its duties.
   2.   The Secretariat will consist of three persons, one from each State Party, appointed by the Ministry of Environment and headed by an expert in transboundary cooperation on protected areas and river basin management to be chosen by the Committee through an international call for applications.
   3.   The work of the Secretariat shall be guided by the decisions of the Management Committee and shall be supervised by the Chairperson of this Committee.
   4.   The Secretariat shall have the following specific tasks to be performed with the limits of budget availability:

               (a)

               preparation of the yearly work plan of the Prespa Park Management Committee with detailed budget, and of issue-related work plans (e.g. a communication plan) with detailed budgets and follow-up of their implementation;

               (b)

               preparation or assistance in the preparation of meetings held in the framework of this Agreement;

               (c)

               facilitation of consultations on policy and other relevant matters related to this Agreement between stakeholders, and consultations at the policy-making and technical level by working groups and/or expert groups;

               (d)

               collection, assessment and dissemination of data and information on legislation, measures and activities that have or may have significant effects on the achievement of the objectives of Article 2;

               (e)

               follow-up of joint projects;

               (f)

               compilation, evaluation, publication and promotion of scientific research and cooperation in the Prespa Park Area;

               (g)

               contacts and meetings with donors; preparation or assistance in the preparation of project documents;

               (h)

               translation of key documents; technical and secretarial support to the local community representatives;

               (i)

               representation of the Committee in international fora;

               (j)

               any other duty assigned to it by the Committee.

         5.   The seat of the Secretariat shall be located in Aghios Germanos, Greece, for a period of 4 years, on rotating basis, or until it is otherwise decided by the Committee.
   6.   The Committee is authorised to conclude a Seat Agreement with the host country on the exercise of its functions.
   Article 14
   Working Group on Water Management
   1.   The Prespa Park Management Committee will establish a Working Group on Water Management, according to the provisions of Article 10.
   2.   The State Parties, after consultation, shall nominate authorities and bodies competent for water management in the part of the Prespa Park within their territories as members of this Working Group and inform on such nomination the chairperson of the Prespa Park Management Committee.
   3.   The Working Group on Water Management will propose recommendations based on the principles of integrated river basin management, as reflected in the EU Water Framework Directive (2000/60/EC), for the adoption of the Management Committee.
   4.   The specific tasks and mandate of the Working Group will be defined through consultations between the State Parties.
   5.   The operational costs of the Working Group on Water Management (participation in and organisation of meetings) shall be covered for a period of 4 years after the entry into force of this Agreement, by the Hellenic Ministry of Environment, Energy and Climate Change.
   Article 15
   Expenses of Joint Bodies
   1.   The implementation of the work plan of the Prespa Park Management Committee shall be financed by regular annual contributions of the Parties and from other sources.
   2.   Each Party shall in principle bear the expenses associated with the participation of its national members in the meetings of the Committee, the Secretariat and working groups, with the exception of Article 14(5).
   3.   The Party in whose territory a Committee meeting will be organised shall bear the cost of organising the meeting.
   4.   The Secretariat will prepare an annual budget covering its costs and submitted for approval to the Committee, which shall be financed by regular annual contributions of the State Parties and from other sources. Office facilities will be provided by the Party where the Secretariat is located, normally outside the budget.
   PART FOUR

      DISPUTE SETTLEMENT

   Article 16
   In case of a dispute between the Parties regarding the interpretation or application of this Agreement, the Parties shall seek a solution by negotiation or by any other means of international dispute settlement acceptable to them.
   PART FIVE

      FINAL PROVISIONS

   Article 17
   Amendments to the Agreement
   1.   Any Party may propose amendments to the present Agreement.
   2.   Any amendment to the present Agreement shall be agreed by consensus. Amendments shall enter into force in accordance with the procedure set forth in paragraph 2 of Article 18.
   Article 18
   Entry into force
   1.   This Agreement will be subject to ratification according to the domestic procedures of each Party.
   2.   This Agreement shall enter into force on the day of reception of the last written notification by which the Parties shall notify each other the ratification of the Agreement.
   Article 19
   Relation with other Agreements
   1.   Nothing in the present Agreement shall affect the rights or obligations of a Party arising from any agreement that is in force on the date on which this Agreement comes into force. Nothing in this Agreement shall affect the rights or obligations of a Party arising from EU law.
   2.   For the implementation of this Agreement the Parties may enter into bi- or trilateral agreements or arrangements, which shall not be in conflict with this Agreement.
   Article 20
   Duration and Withdrawal
   This Agreement shall remain in force indefinitely unless one of the Parties, through diplomatic channels, notifies its wish to withdraw from it, in which case the Agreement shall be terminated 6 months after the date of such written notification. Unless otherwise agreed, such a termination shall not affect the validity of any ongoing arrangements or projects made under this Agreement,

      Done at Pyli on the second day of February in the year two thousand and ten, in four originals in the English language, all being equally authentic.

         IN WITNESS THEREOF the undersigned, being duly authorised thereto, have signed this Agreement.


title: Council Decision (EU) 2015/1534 of 7 May 2015 on the position to be adopted on behalf of the European Union at the International Maritime Organization during the 68th session of the Marine Environment Protection Committee and the 95th session of the Maritime Safety Committee on the adoption of amendments to MARPOL, SOLAS and the 2009 Guidelines for exhaust gas cleaning systems

text:
               16.9.2015

               EN

               Official Journal of the European Union

               L 240/61

         COUNCIL DECISION (EU) 2015/1534
   of 7 May 2015
   on the position to be adopted on behalf of the European Union at the International Maritime Organization during the 68th session of the Marine Environment Protection Committee and the 95th session of the Maritime Safety Committee on the adoption of amendments to MARPOL, SOLAS and the 2009 Guidelines for exhaust gas cleaning systems
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 100(2) and 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Action by the Union in the maritime transport sector should aim to improve maritime safety and to protect the marine environment.

               (2)

               The Marine Environment Protection Committee (MEPC) of the International Maritime Organization (IMO), meeting at its 67th session, approved amendments to the International Convention for the Prevention of Pollution from Ships (MARPOL). Those amendments are expected to be adopted during the 68th session of the MEPC to be held in May 2015.

               (3)

               The Sub-Committee on Pollution Prevention and Response (PPR) of the IMO, meeting at its 2nd session, approved draft amendments to the 2009 Guidelines for exhaust gas cleaning systems (‘the 2009 Guidelines’). Those amendments are expected to be adopted during the 68th session of the MEPC to be held in May 2015.

               (4)

               The Maritime Safety Committee (MSC) of the IMO, meeting at its 94th session, approved amendments to the International Convention for the Safety of Life at Sea (SOLAS). Those amendments are expected to be adopted during the 95th session of the MSC to be held in June 2015.

               (5)

               The amendments to Annexes I and II to MARPOL will introduce measures associated with the adoption of the draft International Code for ships operating in polar waters (the ‘Polar Code’), to make the Polar Code mandatory. The Polar Code extends the current MARPOL ban on oil/noxious liquid discharges in the antarctic to polar waters. Article 4 of Directive 2005/35/EC of the European Parliament and of the Council (1), in conjunction with Article 3(1) thereof, provides that Member States have to ensure that ship-source discharges of polluting substances, including minor cases of such discharges, are regarded as infringements if committed with intent, recklessly or with serious negligence. Article 5(1) of that Directive provides that a discharge of polluting substances is not to be regarded as such an infringement if it satisfies the conditions set out in inter alia Annex I, Regulations 15 and 34 of MARPOL. Both Regulation 15 and 34 are among the MARPOL Regulations that will be changed with the adoption of the amendments laid down in Annex 11 of IMO Document MEPC 67/20. Those amendments will therefore affect the scope of an infringement pursuant to Directive 2005/35/EC and, therefore, fall under the exclusive competence of the Union.

               (6)

               The amendments to the 2009 Guidelines will introduce the use of a calculation-based methodology for the testing of scrubbers connected to ship machinery items that cannot be tested at higher loads, or tested at all while ‘at rest in harbour’. Article 4c and Annex II to Council Directive 1999/32/EC (2) cover those issues and Annex II is derived from the 2009 Guidelines which will be amended.

               (7)

               The amendments to SOLAS Regulation II-2/20.3.1.2.1 will allow operation of the ventilation fans at a decreased number of air changes when an air quality control system is in place for passenger ships in vehicle, special category and ro-ro spaces. Point (a)(i) of Article 6(2) of Directive 2009/45/EC of the European Parliament and of the Council (3) provides that new passenger ships of Class A shall comply entirely with the requirements of SOLAS, including SOLAS Regulation II-2/20.3. Therefore, the amendments to be adopted will have a direct legal effect on Directive 2009/45/EC. To the extent that those amendments affect passenger ships which are engaged in domestic voyages, those amendments fall under the exclusive competence of the Union.

               (8)

               The Union is not a member of the IMO, nor is it a contracting party to the conventions concerned. It is therefore necessary for the Council to authorise the Member States to express the position to be adopted on behalf of the Union and to express their consent to be bound by those amendments, to the extent that they fall under the exclusive competence of the Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the Union at the 68th session of the IMO Marine Environment Protection Committee shall be to agree to the adoption of:

               (i)

               the amendments to Annexes I and II to MARPOL as laid down in Annex 11 to IMO Document MEPC 67/20;

               (ii)

               the amendments to the 2009 Guidelines for exhaust gas cleaning systems as laid down in Annex 1 to IMO Document PPR 2/21.

         Article 2
   The position to be adopted on behalf of the Union at the 95th session of the IMO Maritime Safety Committee shall be to agree to the adoption of the amendments to

               —

               SOLAS Regulation II-2/20.3.1.2.1 as laid down in Annex 11 to IMO Document MSC 94/21/add.1.

         Article 3
   The position to be adopted on behalf of the Union as set out in Articles 1 and 2 shall be expressed by the Member States, which are members of the IMO, acting jointly in the interest of the Union.
   Article 4
   Formal and minor changes to the positions referred to in Articles 1 and 2 may be agreed without requiring those positions to be amended.
   Article 5
   Member States are hereby authorised to give their consent to be bound, in the interest of the Union, by the amendments referred to in Articles 1 and 2, to the extent that they fall under the exclusive competence of the Union.
   Article 6
   This Decision is addressed to the Member States.

      Done at Brussels, 7 May 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences (OJ L 255, 30.9.2005, p. 11).

      (2)  Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels and amending Directive 93/12/EEC (OJ L 121, 11.5.1999, p. 13).

      (3)  Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (OJ L 163, 25.6.2009, p. 1).


title: Council Decision (CFSP) 2016/207 of 15 February 2016 amending Decision 2013/233/CFSP on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)

text:
               16.2.2016

               EN

               Official Journal of the European Union

               L 39/45

         COUNCIL DECISION (CFSP) 2016/207
   of 15 February 2016
   amending Decision 2013/233/CFSP on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 22 May 2013, the Council adopted Decision 2013/233/CFSP (1) establishing the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya).

               (2)

               On 7 December 2015, the Council adopted Decision (CFSP) 2015/2276 (2) amending and extending Decision 2013/233/CFSP, providing notably for an extension and a financial reference amount for the period until 21 February 2016.

               (3)

               The situation in Libya requires the Union to prepare for a possible civilian capacity building and assistance crisis management mission in the field of security sector reform in the country.

               (4)

               The immediate provision of a civilian planning capacity will be limited in number, although it may grow as circumstances and demands evolve, and the Political and Security Committee agrees.

               (5)

               Decision 2013/233/CFSP should be amended accordingly.

               (6)

               EUBAM Libya will be conducted 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
   Decision 2013/233/CFSP is amended as follows:

               (1)

               in Article 2, the following paragraph is added:
               ‘EUBAM Libya will assist in a comprehensive civilian security sector reform planning process, with a view to preparing for a possible civilian capacity building and assistance crisis management mission.’;

               (2)

               in Article 3(1), the following point is added:

                           ‘(d)

                           to inform EU planning for a possible civilian capacity building and assistance crisis management mission in the field of security sector reform, cooperating closely with, and contributing to, UNSMIL efforts, liaising with the legitimate Libyan authorities and other relevant security interlocutors.’;

               (3)

               in Article 13(1), the following paragraph is added:
               ‘The financial reference amount intended to cover the expenditure related to EUBAM Libya for the period from 22 February 2016 to 21 August 2016 shall be EUR 4 475 000.’;

               (4)

               in Article 16 the second paragraph is replaced by the following:
               ‘It shall apply until 21 August 2016.’.

         Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 22 February 2016.

      Done at Brussels, 15 February 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2013/233/CFSP of 22 May 2013 on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (OJ L 138, 24.5.2013, p. 15).

      (2)  Council Decision (CFSP) 2015/2276 of 7 December 2015 amending and extending Decision 2013/233/CFSP on the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya) (OJ L 322, 8.12.2015, p. 51).


title: 2014/929/EU: Council Decision of 15 December 2014 on the signing, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the Republic of Madagascar and the European Community

text:
               19.12.2014

               EN

               Official Journal of the European Union

               L 365/6

         COUNCIL DECISION
   of 15 December 2014
   on the signing, on behalf of the European Union, and provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the Republic of Madagascar and the European Community

      (2014/929/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43 in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 15 November 2007, the Council adopted Regulation (EC) No 31/2008 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Madagascar (1) (‘the Agreement’). The current Protocol expires on 31 December 2014.

               (2)

               The Council authorised the Commission to negotiate a new protocol to the partnership agreement (‘the Protocol’) granting Union vessels fishing possibilities in the fishing zone over which the Republic of Madagascar has jurisdiction. Following the completion of those negotiations, the Protocol was initialled on 19 June 2014.

               (3)

               In order to ensure the pursuit of fishing activities by Union vessels, Article 15 of the Protocol provides for the possibility of the Protocol being applied on a provisional basis by each of the Parties, from the date of its signing and from 1 January 2015 at the earliest.

               (4)

               The Protocol should be signed and applied on a provisional basis, pending the completion of the procedures for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing, on behalf of the Union, of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the Republic of Madagascar and the European Community is hereby authorised on behalf of the Union, subject to the conclusion of the Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council shall, on behalf of the Union, designate the person empowered to sign the Protocol.
   Article 3
   The Protocol shall apply on a provisional basis, in accordance with Article 15 thereof, from the date on which it is signed (2) and from 1 January 2015 at the earliest, pending completion of the procedures necessary for its conclusions.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 15 December 2014.

            For the Council

            The President

         M. MARTINA

      (1)  OJ L 15, 18.1.2008, p. 1.

      (2)  The date of the signing of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Avis juridique important

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31997D0301

97/301/EC: Council Decision of 29 April 1997 on the conclusion by the European Community of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Georgia, of the other part

Official Journal L 129 , 21/05/1997 P. 0022 - 0022

COUNCIL DECISION of 29 April 1997 on the conclusion by the European Community of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Georgia, of the other part (97/301/ECSC, EC, Euratom) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with the first sentence of Article 228 (2) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (1),Whereas, pending the entry into force of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part, signed in Luxembourg on 22 April 1996, it is appropriate to approve, on behalf of the European Community, the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Georgia, of the other part,HAS DECIDED AS FOLLOWS:Article 1 The Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Georgia, of the other part, together with its Annexes, the Protocol and the declarations attached to the Final Act, are hereby approved on behalf of the European Community.The texts of the instruments referred to in the first subparagraph are attached to this Decision.Article 2 The President of the Council shall, on behalf of the European Community, give the notification provided for in Article 32 of the Interim Agreement (2).Done at Luxembourg, 29 April 1997.For the CouncilThe PresidentH. VAN MIERLO(1) OJ No C 115, 14. 4. 1997.(2) The date of the entry into force of the Interim Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: Decision (EU) 2016/948 of the European Central Bank of 1 June 2016 on the implementation of the corporate sector purchase programme (ECB/2016/16)

text:
               15.6.2016

               EN

               Official Journal of the European Union

               L 157/28

         DECISION (EU) 2016/948 OF THE EUROPEAN CENTRAL BANK
   of 1 June 2016
   on the implementation of the corporate sector purchase programme (ECB/2016/16)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the second subparagraph of Article 12.1 in conjunction with the first indent of Article 3.1, and Article 18.1 thereof,
   Whereas:

               (1)

               The European Central Bank (ECB), together with national central banks of Member States whose currency is the euro may operate in the financial markets by buying and selling marketable instruments outright.

               (2)

               Decision ECB/2014/40 (1), which established a third covered bond purchase programme, was adopted on 15 October 2014. Decision (EU) 2015/5 of the European Central Bank (ECB/2014/45) (2), which established an asset-backed securities purchase programme, was adopted on 19 November 2014. Decision (EU) 2015/774 of the European Central Bank (ECB/2015/10) (3), which established a secondary markets public sector asset purchase programme (hereinafter the ‘PSPP’), was adopted on 4 March 2015 and expanded the existing asset purchase programmes. Alongside the targeted longer-term refinancing operations pursuant to Decision ECB/2014/34 of the European Central Bank (4) and Decision (EU) 2016/810 of the European Central Bank (ECB/2016/10) (5), these asset purchase programmes are aimed at further enhancing the transmission of monetary policy, facilitating credit provision to the euro area economy, easing borrowing conditions for households and businesses and contributing to returning inflation rates to levels below, but close to, 2 % over the medium term, consistent with the ECB's primary objective of maintaining price stability.

               (3)

               On 10 March 2016 the Governing Council decided to further expand the abovementioned asset purchase programmes and initiate a corporate sector purchase programme (CSPP), as part of the single monetary policy and in pursuit of its price stability objective. This decision was taken in order to further strengthen the pass-through of the Eurosystem's asset purchases to the financing conditions of the real economy, and in order to provide, in conjunction with the other non-standard monetary policy measures in place, further monetary policy accommodation and contribute to a return of inflation rates to levels below, but close to, 2 % over the medium term.

               (4)

               The CSPP will be part of the asset purchase programme (APP), under which purchases are intended to run until the end of March 2017, or beyond, if necessary, and in any case until the Governing Council sees a sustained adjustment in the path of inflation consistent with its aim of achieving inflation rates below, but close to, 2 % over the medium term.

               (5)

               The CSPP should contain a number of safeguards to ensure that the envisaged purchases will be proportionate to its aims. These safeguards should also ensure that related financial risks are taken into account in the CSPP's design and should reflect risk management perspectives. In addition, eligible marketable debt instruments issued by public undertakings should be subject to limits, consistent with those applied to purchases under the PSPP.

               (6)

               The CSPP should fully comply with the obligations of the Eurosystem central banks under the Treaty, including the monetary financing prohibition in relation to the purchase of eligible marketable debt instruments issued by public undertakings.

               (7)

               The CSPP should respect the principle of an open market economy with free competition, while giving due regard to the formation of market prices and the functioning of markets.

               (8)

               In line with the other components of the APP, the principal payments of the eligible marketable debt instruments purchased under the CSPP should be reinvested as the underlying debt instruments mature, for as long as necessary, thus contributing to favourable liquidity conditions and to an appropriate monetary policy stance.

               (9)

               The outright purchases of eligible marketable debt instruments by the Eurosystem under the CSPP should be implemented in a decentralised manner in accordance with this Decision, and should be coordinated by the ECB, thereby safeguarding the singleness of the Eurosystem's monetary policy,

         HAS ADOPTED THIS DECISION:
   Article 1
   Establishment and scope of the outright purchase of corporate bonds
   The CSPP is hereby established. Under the CSPP specified Eurosystem central banks may purchase eligible corporate bonds from eligible counterparties in the primary and secondary markets, while public sector corporate bonds, as defined in Article 3(1), may only be purchased in the secondary markets, under specific conditions.
   Article 2
   Eligibility criteria for corporate bonds
   In order to be eligible for outright purchase under the CSPP, marketable debt instruments issued by corporations shall comply with the eligibility criteria for marketable assets for Eurosystem credit operations pursuant to Part 4 of Guideline (EU) 2015/510 of the European Central Bank (ECB/2014/60) (6) and the following additional requirements.

               1.

               The issuer of the marketable debt instrument:

                           (a)

                           is incorporated in a Member State whose currency is the euro;

                           (b)

                           is not a credit institution as defined in point (14) of Article 2 of Guideline (EU) 2015/510 (ECB/2014/60);

                           (c)

                           does not have a parent undertaking as defined in point (15) of Article 4(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council (7) that is also a credit institution as defined in point (14) of Article 2 of Guideline (EU) 2015/510 (ECB/2014/60);

                           (d)

                           does not have a parent company which is subject to banking supervision outside the euro area;

                           (e)

                           is not a supervised entity as defined in point (20) of Article 2 of Regulation (EU) No 468/2014 of the European Central Bank (ECB/2014/17) (8) or a member of a supervised group as defined in subpoint (b) of point (21) of Article 2 of Regulation (EU) No 468/2014 (ECB/2014/17), in each case, as contained in the list published by the ECB on its website in accordance with Article 49(1) of Regulation (EU) No 468/2014 (ECB/2014/17), and is not a subsidiary, as defined in point (16) of Article 4(1) of the Regulation (EU) No 575/2013, of any of those supervised entities or supervised groups;

                           (f)

                           is not an investment firm as defined in point (1) of Article 4(1) of Directive 2014/65/EU of the European Parliament and of the Council (9);

                           (g)

                           has not issued an asset-backed security within the meaning of point (3) of Article 2 of Guideline (EU) 2015/510 (ECB/2014/60);

                           (h)

                           has not issued a multi cédula within the meaning of point (62) of Article 2 of Guideline (EU) 2015/510 (ECB/2014/60);

                           (i)

                           has not issued a structured covered bond within the meaning of point (88) of Article 2 of Guideline (EU) 2015/510 (ECB/2014/60);

                           (j)

                           is not an asset management vehicle resulting from the application of an asset separation tool in a resolution action pursuant to Article 26 of Regulation (EU) No 806/2014 of the European Parliament and of the Council (10) or national legislation implementing Article 42 of Directive 2014/59/EU of the European Parliament and of the Council (11);

                           (k)

                           is not a national asset management and divestment fund established to support financial sector restructuring and/or resolution (12); and

                           (l)

                           is not an eligible issuer for the PSPP.

               2.

               The marketable debt instrument has a minimum remaining maturity of 6 months and a maximum remaining maturity of 30 years and 364 days at the time of its purchase by the relevant Eurosystem central bank.

               3.

               In deviation from Article 59(5) of Guideline (EU) 2015/510 (ECB/2014/60), only credit assessment information that is provided by an external credit assessment institution accepted within the Eurosystem credit assessment framework will be taken into account for the assessment of the credit quality requirements of the marketable debt instrument.

               4.

               The marketable debt instrument is denominated in euro.

               5.

               Purchases of nominal marketable debt instruments at a negative yield to maturity (or yield to worst) above the deposit facility rate are permissible.

         Article 3
   Limitations on the execution of purchases of public sector corporate bonds
   1.   For the purposes of this Decision, a ‘public sector corporate bond’ means a corporate bond that fulfils the requirements of Article 2 and is issued by a public undertaking within the meaning of Article 8 of Council Regulation (EC) No 3603/93 (13).
   2.   To permit the formation of a market price for eligible public sector corporate bonds, no purchases shall be permitted of a newly issued or tapped public sector corporate bond, or of public sector corporate bonds issued by the same entity or by the entities within the issuer's group with maturities that expire close in time to, either just before or after, the maturity of the marketable debt instruments to be issued or tapped, over a period to be determined by the Governing Council.
   Article 4
   Purchase limits
   1.   An issue share limit per international securities identification number (ISIN) shall apply under the CSPP, after consolidating holdings in all of the portfolios of the Eurosystem central banks. The issue share limit shall be 70 % per ISIN for all corporate bonds other than public sector corporate bonds.
   A lower issue share limit may apply in specific cases, including for public sector corporate bonds or for risk management reasons. Public sector corporate bonds shall be dealt with in a manner consistent with their treatment under the PSPP.
   2.   The Eurosystem shall conduct appropriate credit risk and due diligence procedures on eligible corporate bonds on an ongoing basis.
   3.   The Eurosystem shall define additional purchase limits for issuer groups based on a benchmark allocation related to an issuer group's market capitalisation to ensure a diversified allocation of purchases across issuers and issuer groups.
   Article 5
   Purchasing Eurosystem central banks
   The Eurosystem central banks purchasing corporate bonds under the CSPP shall be specified in a list published on the ECB's website. The Eurosystem shall apply a specialisation scheme for the allocation of corporate bonds to be purchased under the CSPP based on the issuer's country of incorporation. The Governing Council shall allow ad hoc deviations from the specialisation scheme if there are objective considerations obstructing the scheme's implementation or if such deviations are advisable in order to achieve the CSPP's overall monetary policy objectives. In particular, each specified Eurosystem central bank shall only purchase eligible corporate bonds issued by issuers incorporated in specified Member States within the euro area. The geographical allocation of eligible corporate bond issuers' countries of incorporation in relation to the specified Eurosystem central banks shall be set out in a list published on the ECB's website.
   Article 6
   Eligible counterparties
   The following shall be eligible counterparties for the CSPP, both for outright transactions and for securities lending transactions involving corporate bonds held in the CSPP Eurosystem portfolios:

               (a)

               entities that fulfil the eligibility criteria to participate in Eurosystem monetary policy operations pursuant to Article 55 of Guideline (EU) 2015/510 (ECB/2014/60); and

               (b)

               any other counterparties that are used by Eurosystem central banks for the investment of their euro-denominated investment portfolios.

         Article 7
   Securities lending transactions
   The Eurosystem central banks purchasing corporate bonds under the CSPP shall make securities purchased under CSPP available for lending, including repos, with a view to ensuring the effectiveness of the CSPP.
   Article 8
   Final provisions
   This Decision shall enter into force on 6 June 2016.

      Done at Vienna, 1 June 2016.

            The President of the ECB

         Mario DRAGHI

      (1)  Decision ECB/2014/40 of the European Central Bank of 15 October 2014 on the implementation of the third covered bond purchase programme (OJ L 335, 22.11.2014, p. 22).

      (2)  Decision (EU) 2015/5 of the European Central Bank of 19 November 2014 on the implementation of the asset-backed securities purchase programme (ECB/2014/45) (OJ L 1, 6.1.2015, p. 4).

      (3)  Decision (EU) 2015/774 of the European Central Bank of 4 March 2015 on a secondary markets public sector asset purchase programme (ECB/2015/10) (OJ L 121, 14.5.2015, p. 20).

      (4)  Decision ECB/2014/34 of the European Central Bank of 29 July 2014 on measures relating to targeted longer-term refinancing operations (OJ L 258, 29.8.2014, p. 11).

      (5)  Decision (EU) 2016/810 of the European Central Bank of 28 April 2016 on a second series of targeted longer-term refinancing operations (ECB/2016/10) (OJ L 132, 21.5.2016, p. 107).

      (6)  Guideline (EU) 2015/510 of the European Central Bank of 19 December 2014 on the implementation of the Eurosystem monetary policy framework (ECB/2014/60) (OJ L 91, 2.4.2015, p. 3).

      (7)  Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).

      (8)  Regulation (EU) No 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (SSM Framework Regulation) (ECB/2014/17) (OJ L 141, 14.5.2014, p. 1).

      (9)  Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).

      (10)  Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ L 225, 30.7.2014, p. 1).

      (11)  Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190).

      (12)  A list of such entities is published on the ECB's website at www.ecb.europa.eu

      (13)  Council Regulation (EC) No 3603/93 of 13 December 1993 specifying definitions for the application of the prohibitions referred to in Articles 104 and 104b(1) of the Treaty (OJ L 332, 31.12.1993, p. 1).


title: Council Decision of 14 April 2014 on theconclusion on behalf of the European Union of the Political Dialogue andCooperation Agreement between the European Community and its MemberStates, of the one part, and the Republics of Costa Rica, El Salvador,Guatemala, Honduras, Nicaragua and Panama, of the other part, with theexception of Article 49(3) thereof

text:
                  15.4.2014

                  EN

                  Official Journal of the European Union

                  L 111/4

         COUNCIL DECISION
         of 14 April 2014
         on the conclusion on behalf of the European Union of the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, with the exception of Article 49(3) thereof
         (2014/211/EU)
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 209(2), in conjunction with Article 218(6)(a) thereof,
         Having regard to the proposal from the European Commission,
         Having regard to the consent of the European Parliament,
         Whereas:

                     (1)

                     The Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part (‘the Agreement’), was signed on 15 December 2003, subject to its conclusion at a later date.

                     (2)

                     In accordance with Article 54(1) of the Agreement, the Agreement is to enter into force on the first day of the month following that in which the Contracting Parties notify each other of the completion of the procedures necessary for that purpose.

                     (3)

                     All Contracting Parties to the Agreement, including all the Member States of the Union at the time of the signing of the Agreement, have by now deposited their instruments of ratification, with the exception of the Union.

                     (4)

                     Article 49(3) of the Agreement sets out the obligations for the Contracting Parties on readmission of illegal migrants. As a consequence, that provision falls within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union (TFEU), and in particular Article 79(3) thereof, as well as Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice and Protocol (No 22) on the position of Denmark, both annexed to the Treaty on European Union and to the TFEU, apply.

                     (5)

                     As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

                     (6)

                     The Agreement should be approved with the exception of Article 49(3) thereof. A separate decision (1) on the conclusion of Article 49(3) of the Agreement, will be adopted in parallel to this Decision,

               HAS ADOPTED THIS DECISION:

            Article 1
            The Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, is hereby approved on behalf of the Union, with the exception of Article 49(3) thereof.
            The text of the Agreement is attached to this Decision.

            Article 2
            The President of the Council shall, on behalf of the Union, give the notifications provided for in Article 54 of the Agreement (2) and give the following notifications:

               ‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” or to “the Community” in the text of the Agreement are, where appropriate, to be read as to “the European Union” or to “the Union”.’,

               ‘The provisions of the Agreement that fall within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the United Kingdom and/or Ireland have notified the Central American Party that the United Kingdom and/or Ireland are/is bound as part of the European Union in accordance with the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union. If the United Kingdom and/or Ireland ceases to be bound as part of the European Union in accordance with Article 4a of Protocol No 21, the European Union together with the United Kingdom and/or Ireland shall immediately inform the Central American Party of any change in their position in which case they shall remain bound by the provisions of the Agreement in their own right. The same applies to Denmark in accordance with the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.’.

            Article 3
            This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

            Done at Luxembourg, 14 April 2014.

                  For the Council

                  The President

               C. ASHTON

            (1)  Council Decision 2014/210/EU (see page 2 of this Official Journal).

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


Avis juridique important

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31993D0355

93/355/EEC: Council Decision of 8 June 1993 concerning the conclusion of a Memorandum of understanding on certain oil seeds between the European Economic Community and the United States of America within the framework of the GATT

Official Journal L 147 , 18/06/1993 P. 0025 - 0025 Finnish special edition: Chapter 3 Volume 50 P. 0030  Swedish special edition: Chapter 3 Volume 50 P. 0030

COUNCIL DECISION of 8 June 1993 concerning the conclusion of a Memorandum of understanding on certain oil seeds between the European Economic Community and the United States of America within the framework of the GATT(93/355/EEC)THE  COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the recommendation from the Commission,  Whereas a GATT panel found that a consequence of the Community's support scheme for oil seeds was an impairment of the value of the tariff concession which the Community had granted to the United States in 1962;  Whereas the GATT panel consequently recommended that the Community should act quickly to eliminate this impairment;  Whereas a mutually satisfactory agreement was reached in the negotiations initiated with the United States of America and took the form of a Memorandum of Understanding;  Whereas this Memorandum of Understanding should be quickly given effect, so that the deadlines contained therein can be met,  HAS DECIDED AS FOLLOWS:  Article 1  The Memorandum of Understanding between the European Economic Community and the United States of America on oil seeds in the framework of the General Agreement on Tariffs and Trade is hereby approved on behalf of the European Economic  Community.  The text of the said Memorandum is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Memorandum of Understanding in order to bind the Community.  This Decision shall be published in the Official Journal of the European Communities.  Done at Luxembourg, 8 June 1993.  For the Council The President N. HELVEG PETERSEN  ANNEX   EC-12 oil seed separate base area system (1)  (Soya beans, rape and colza seeds and sunflower seeds)  /* Tables: see OJ */       (1) Figures to be reduced to reflect the annual set aside rate for arable crops.  (2) The term 1994/95 refers to the Community marketing year, i.e. oil seeds (both winter and spring sown) for harvest in 1994.  (3) It is understood that, should the membership of the Community be expanded, this Agreement will be amended to reflect an increase in the separate base area in an amount no more than the average level of production area of the acceding member in the  three years immediately preceding such accession.