ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 6/6

COUNCIL DECISION

of 14 December 2011

establishing the position to be taken by the European Union within the relevant instances of the World Trade Organization on the accession of the Russian Federation to the WTO

(2012/17/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 91, 100(2) and 207, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) In June 1993 the Government of the Russian Federation applied for accession to the Marrakesh Agreement establishing the World Trade Organization (WTO), pursuant to Article XII of that Agreement.

(2) A Working Party on the accession of the Russian Federation was established on 16 June 1993 in order to reach agreement on terms of accession acceptable to the Russian Federation and all WTO Members.

(3) The Commission, on behalf of the Union, has negotiated a comprehensive series of market opening and other regulatory commitments on the part of the Russian Federation which satisfy the Union’s requests, are consistent with its objectives and in line with the development level of the Russian Federation.

(4) These commitments are now embodied in the Protocol of Accession of the Russian Federation to the WTO.

(5) Accession to the WTO is expected to make a positive and lasting contribution to the process of economic reform and sustainable development in the Russian Federation.

(6) The Protocol of Accession should therefore be approved.

(7) Article XII of the Agreement establishing the WTO provides that the terms of accession are to be agreed between the acceding Member and the WTO, and that the WTO Ministerial Conference approves the terms of accession on the WTO side. Paragraph 2 of Article IV of the Agreement establishing the WTO provides that in the intervals between meetings of the Ministerial Conference, its functions shall be conducted by the General Council.

(8) Accordingly, it is necessary to establish the position to be taken by the Union within the relevant instances of the WTO, be it the Ministerial Conference or the General Council, on the accession of the Russian Federation to the WTO,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union within the relevant instances of the World Trade Organization on the accession of the Russian Federation to the WTO is to approve the accession.

Article 2

This Decision shall enter into force on the day of its adoption.
EN Official Journal of the European Union L 29/1

COUNCIL DECISION

of 23 January 2012

on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XIII (Transport) to the EEA Agreement

(2012/54/EU)

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 Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Annex XIII to the Agreement on the European Economic Area (2) (‘the EEA Agreement’) contains specific provisions and arrangements concerning transport.

(2) Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management (3) should be incorporated into the EEA Agreement.

(3) Annex XIII to the EEA Agreement should therefore be amended accordingly.

(4) The position of the Union to be taken within the EEA Joint Committee should be based on the draft Decision of the EEA Joint Committee attached to this Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the Union within the EEA Joint Committee on the proposed amendment to Annex XIII (Transport) to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 23 January 2012. For the Council The President M. GJERSKOV

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

(2) OJ L 1, 3.1.1994, p. 3.

(3) OJ L 80, 26.3.2010, p. 10.
EN Official Journal of the European Union L 49/21

COMMISSION IMPLEMENTING DECISION

of 20 February 2012

on the clearance of the accounts of certain paying agencies in Germany concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) for the 2008 financial year

(notified under document C(2012) 907)

(Only the German text is authentic)

(2012/104/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (1), and in particular Articles 30 and 33 thereof,

After consulting the Fund Committee,

Whereas:

(1) Commission Decisions 2009/373/EC (2), 2010/59/EU (3), 2010/721/EU (4) and 2011/103/EU (5) cleared, for the 2008 financial year, the accounts of all the paying agencies except for the German paying agency ‘Bayern’ and the Greek paying agency ‘OPEKEPE’.

(2) Following the transmission of new information and after additional checks, the Commission can now take a decision concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD) on the integrality, accuracy and veracity of the accounts submitted by the German paying agency ‘Bayern’.

(3) In accordance with Article 30(2) of Regulation (EC) No 1290/2005, this Decision does not prejudice decisions taken subsequently by the Commission excluding from EU financing expenditure not effected in accordance with EU rules,

HAS ADOPTED THIS DECISION:

Article 1

The accounts of the German paying agency ‘Bayern’ concerning expenditure financed by the European Agricultural Fund for Rural Development (EAFRD), in respect of the 2008 financial year, are hereby cleared.

The amounts which are recoverable from, or payable to, each Member State under each rural development programme pursuant to this Decision, including those resulting from the application of Article 33(8) of Regulation (EC) No 1290/2005, are set out in Annex.

Article 2

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 20 February 2012. For the Commission Dacian CIOLOȘ Member of the Commission

(1) OJ L 209, 11.8.2005, p. 1.

(2) OJ L 116, 9.5.2009, p. 21.

(3) OJ L 34, 5.2.2010, p. 26.

(4) OJ L 312, 27.11.2010, p. 23.

(5) OJ L 42, 16.2.2011, p. 27.
EN Official Journal of the European Union L 54/18

COUNCIL DECISION 2012/123/CFSP

of 27 February 2012

amending Decision 2011/523/EU partially suspending the application of the Cooperation Agreement between the European Economic Community and the Syrian Arab Republic

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 18 January 1977, the European Economic Community and the Syrian Arab Republic concluded a Cooperation Agreement (1) (‘the Cooperation Agreement’) to promote overall cooperation with a view to strengthening relations between them.

(2) On 2 September 2011, the Council adopted Decision 2011/523/EU (2) which partially suspends the application of the Cooperation Agreement until the Syrian authorities put an end to the systematic violations of human rights and can again be considered as being in compliance with general international law and the principles which form the basis of the Cooperation Agreement.

(3) Since then, and in view of the further deterioration of the situation in Syria, the Union has adopted further restrictive measures against the Syrian regime (3).

(4) In this regard, the partial suspension of the application of the Cooperation Agreement should continue. In line with the approach set out in Decision 2011/523/EU, the suspension should aim at targeting the Syrian authorities, not the people of Syria, and should be limited accordingly. Since gold, precious metals and diamonds are products the trade in which benefits in particular the Syrian regime, and which therefore supports its repressive policies, the suspension should be extended so as to apply also to trade in these materials,

HAS ADOPTED THIS DECISION:

Article 1

The measures listed in the Annex to this Decision shall be added to the Annex to Decision 2011/523/EU.

Article 2

This Decision shall be notified to the Syrian Arab Republic.

Article 3

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

Done at Brussels, 27 February 2012. For the Council The President C. ASHTON

(1) OJ L 269, 27.9.1978, p. 2.

(2) OJ L 228, 3.9.2011, p. 19.

(3) Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria (OJ L 16, 19.1.2012, p. 1), Council Implementing Regulation (EU) No 55/2012 of 23 January 2012 implementing Article 33(1) of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ L 19, 24.1.2012, p. 6), Council Implementing Decision 2012/37/CFSP of 23 January 2012 implementing Decision 2011/782/CFSP concerning restrictive measures against Syria (OJ L 19, 24.1.2012, p. 33).
EN Official Journal of the European Union L 72/1

COUNCIL DECISION

of 28 February 2012

on the conclusion of the Protocol agreed between the European Union and the Republic of Guinea-Bissau setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force

(2012/145/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(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) On 17 March 2008, the Council adopted Regulation (EC) No 241/2008 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau (1).

(2) The Union has negotiated with the Republic of Guinea-Bissau a new protocol granting EU vessels fishing opportunities in waters in which Guinea-Bissau exercises its sovereignty or jurisdiction as regards fishing (hereinafter ‧the Protocol‧).

(3) At the end of those negotiations, the Protocol was initialled on 15 June 2011.

(4) The Protocol was signed in accordance with Council Decision 2011/885/EU (2) and has been applied on a provisional basis since 16 June 2011.

(5) The Protocol should be concluded,

HAS ADOPTED THIS DECISION:

Article 1

The Protocol agreed between the European Union and the Republic of Guinea-Bissau setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement concluded between the European Community and the Republic of Guinea-Bissau in force between the two parties (hereinafter ‧the Protocol‧) is hereby approved on behalf of the European Union (3).

Article 2

The President of the Council shall, on behalf of the Union, give the notification provided for in Article 14 of the Protocol with a view to expressing the Union’s consent to be bound by the Protocol (4).

Article 3

This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 28 February 2012. For the Council The President N. WAMMEN

(1) OJ L 75, 18.3.2008, p. 49.

(2) OJ L 344, 28.12.2011, p. 1.

(3) The Protocol was published, together with the Decision on signing, in OJ L 344, 28.12.2011, p. 1.

(4) The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.
EN Official Journal of the European Union L 116/7

COUNCIL DECISION

of 24 April 2012

on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement

(2012/229/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, Article 168(4)(b) and Article 218(9) thereof,

Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Annex II to the Agreement on the European Economic Area (2) (‘the EEA Agreement’) contains specific provisions and arrangements concerning technical regulations, standards, testing and certification.

(2) Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin (3) should be incorporated into the EEA Agreement. Regulation (EC) No 470/2009 repealed Council Regulation (EEC) No 2377/90 (4) and amended Directive 2001/82/EC of the European Parliament and of the Council (5) and Regulation (EC) No 726/2004 of the European Parliament and of the Council (6). Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin (7), as corrected in OJ L 293, 11.11.2010, p. 72, should also be incorporated into the EEA Agreement.

(3) Annex II to the EEA Agreement should therefore be amended accordingly.

(4) The position of the Union in the EEA Joint Committee should therefore be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union in the EEA Joint Committee on the proposed amendment to Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 24 April 2012. For the Council The President N. WAMMEN

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

(2) OJ L 1, 3.1.1994, p. 3.

(3) OJ L 152, 16.6.2009, p. 11.

(4) Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (OJ L 224, 18.8.1990, p. 1).

(5) Directive 2001/82/EC of 6 November 2001 on the Community code relating to veterinary medicinal products (OJ L 311, 28.11.2001, p. 1).

(6) Regulation (EC) No 726/2004 of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ L 136, 30.4.2004, p. 1).

(7) OJ L 15, 20.1.2010, p. 1.
EN Official Journal of the European Union L 158/1

COUNCIL DECISION

of 7 June 2012

on the position to be taken by the European Union within the Food Aid Committee as regards the extension of the Food Aid Convention, 1999

(2012/311/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 214(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Food Aid Convention 1999 (FAC) was concluded by the European Community by Council Decision 2000/421/EC (1), and extended by various decisions of the Food Aid Committee.

(2) The current FAC expires on 30 June 2012 and the question of its possible extension will be addressed in the session of the Food Aid Committee in June 2012.

(3) Pursuant to Article XXV(b) of the FAC, its extension is conditional upon the Grains Trade Convention 1995 remaining in force. On 6 June 2011, the International Grains Council decided to extend the Grains Trade Convention 1995 until 30 June 2013.

(4) At the 103rd session of the Food Aid Committee on 14 December 2010, its members agreed to begin the formal process of renegotiating the FAC with a series of negotiation sessions.

(5) As the new Food Assistance Convention, which will succeed the FAC, enters into force only on 1 January 2013, there is a gap of six months between the expiry of the FAC and the entry into force of the new Food Assistance Convention.

(6) At the 105th session of the Food Aid Committee on 30 November 2011, Parties to the FAC agreed that an overlap with the new Food Assistance Convention should be avoided and that a six-month gap was preferable to an extension of the FAC.

(7) The European Commission, which represents the European Union in the Food Aid Committee, should therefore be authorised to oppose a consensus in the Food Aid Committee favouring an extension,

HAS ADOPTED THIS DECISION:

Article 1

The position of the European Union within the Food Aid Committee shall be to oppose a consensus in the Food Aid Committee, pursuant to Rule 13 of the Rules of Procedure of the Food Aid Committee, favouring an extension of the Food Aid Convention.

Article 2

The Commission is hereby authorised to express this position within the Food Aid Committee.

Article 3

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 7 June 2012. For the Council The President M. BØDSKOV

(1) OJ L 163, 4.7.2000, p. 37.
EN Official Journal of the European Union L 199/6

COUNCIL DECISION

of 26 June 2012

on the position to be taken, on behalf of the European Union, in the EU-EFTA Joint Committee concerning the adoption of a Decision amending the Convention of 20 May 1987 on a common transit procedure

(2012/430/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9), thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Article 15a of the Convention of 20 May 1987 on a common transit procedure (1) (the ‘Convention’) allows for a third country to become a Contracting Party to the Convention following a decision of the Joint Committee set up by the Convention to invite the country.

(2) Article 15 of the Convention empowers the Joint Committee to recommend and adopt, by decisions, amendments to the Convention and the Appendices thereto.

(3) Turkey formally expressed its wish to join the common transit system and has been invited following a decision by the Joint Committee on 19 January 2012.

(4) Having satisfied the essential legal, structural and information technology requirements which are preconditions for accession, and following the formal procedure for accession, Turkey will accede to the Convention.

(5) The enlargement of the common transit system will require certain amendments to the Convention. These concern new linguistic references in Turkish and the appropriate adaptations to guarantee documents.

(6) The proposed amendment was presented to and discussed within the EU-EFTA Working Group and the text received preliminary approval.

(7) Therefore, the position of the European Union concerning the proposed amendment should be determined,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European Union in the EU-EFTA Joint Committee on common transit concerning the adoption of Decision No XXX by that Committee amending the Convention of 20 May 1987 on a common transit procedure shall be based on the draft Decision attached to this Decision.

Minor changes to the draft Decision may be agreed upon by the representatives of the Union in the EU-EFTA Joint Committee after having duly informed the Council.

Article 2

The Commission shall publish the Decision of the EU-EFTA Joint Committee on common transit, once adopted, in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Member States.

Done at Luxembourg, 26 June 2012. For the Council The President N. WAMMEN

(1) OJ L 226, 13.8.1987, p. 2.
EN Official Journal of the European Union L 198/16

POLITICAL AND SECURITY COMMITTEE DECISION EUCAP NESTOR/1/2012

of 17 July 2012

concerning the appointment of the Head of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)

(2012/426/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,

Having regard to Council Decision 2012/389/CFSP of 16 July 2012 on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (1), and in particular Article 9(1) thereof,

Whereas:

(1) Pursuant to Article 9(1) of Decision 2012/389/CFSP, the Political and Security Committee is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR), including the decision to appoint a Head of Mission.

(2) The High Representative of the Union for Foreign Affairs and Security Policy has proposed the appointment of Mr Jacques LAUNAY as Head of Mission of EUCAP NESTOR from 17 July 2012,

HAS ADOPTED THIS DECISION:

Article 1

Mr Jacques LAUNAY is hereby appointed Head of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) from 17 July 2012.

Article 2

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

Done at Brussels, 17 July 2012. For the Political and Security Committee The Chairperson O. SKOOG

(1) OJ L 187, 17.7.2012, p. 40.
EN Official Journal of the European Union L 287/3

COUNCIL DECISION

of 10 October 2012

on the conclusion of the Agreement between the European Union and the People’s Democratic Republic of Algeria on scientific and technological cooperation

(2012/645/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 186 in conjunction with Article 218(6) and (7) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1) On 16 November 2009, the Council authorised the Commission to negotiate, on behalf of the Union, an Agreement between the European Union and the People’s Democratic Republic of Algeria on scientific and technological cooperation (the ‘Agreement’). It was initialled on 14 October 2010.

(2) The Agreement was signed on 19 March 2012, subject to its conclusion at a later date, and provisionally applied upon its signature pursuant to Article 218(5) of the Treaty.

(3) The Agreement should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement between the European Union and the People’s Democratic Republic of Algeria on scientific and technological cooperation is hereby approved on behalf of the Union (1).

Article 2

The President of the Council shall, on behalf of the Union, give the notification provided for in Article 7(2) of the Agreement (2).

Article 3

The European Commission shall adopt the position of the Union to be taken within the Joint Committee established by Article 4(2) of the Agreement with regard to technical amendments to that Agreement in accordance with Article 4(2)(a) thereof.

Article 4

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 10 October 2012. For the Council The President S. MALAS

(1) The Agreement has been published in OJ L 99, 5.4.2012, p. 2, together with the decision on signing.

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