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96/493/EC: Council Decision of 29 March 1996 concerning the signing and provisional application of the International Tropical Timber Agreement 1994 on behalf of the European Community | "1996-03-29T00:00:00" | [
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] | L_1996208EN. 01000101. xml 17. 8. 1996 EN Official Journal of the European Communities L 208/1 COUNCIL DECISION of 29 March 1996 concerning the signing and provisional application of the International Tropical Timber Agreement 1994 on behalf of the European Community (96/493/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to the proposal from the Commission, Whereas the International Tropical Timber Agreement 1994 negotiated on the basis of Resolution 93 (IV) of the text entitled ‘A new partnership for development: Cartagena Commitment’ and the relevant objectives in the final document ‘Cartagena Spirit’ adopted by the United Nations Trade and Development Conference was opened for signing from 1 April 1994 until one month after the date of its entry into force; Whereas the said Agreement has not yet entered into force; Whereas, pursuant to Article 42 (3) of the 1983 International Tropical Timber Agreement, that Agreement was extended until the provisional or definitive entry into force of the new Agreement; Whereas the objectives pursued by the new Agreement fit into the context of the common commercial policy; Whereas the Member States participate, through financial contributions, in the measures provided for in that Agreement; Whereas all the Member States have expressed their intention to sign and to contribute towards the provisional application of the Agreement; whereas the Community therefore should sign the Agreement lodged with the United Nations Secretary-General and, as soon as possible, notify its intention to apply the Agreement provisionally, HAS DECIDED AS FOLLOWS: Article 1 1. The Community shall sign the International Tropical Timber Agreement 1994 lodged with the United Nations Secretary-General. The text of the Agreement is attached to this Decision. 2. The Community shall notify the United Nations Secretary-General of its intention to apply the Agreement referred to in paragraph 1 provisionally, in accordance with Articles 40 and 41 (2) thereof. Article 2 The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement on behalf of the Community and deposit the notification of its provisional application by the Community, together with the declaration attached to this Decision. Done at Brussels, 29 March 1996. For the Council The President T. TREU ANNEX Declaration by the European Community and its Member States The European Community and its Member States interpret the terms of the International Tropical Timber Agreement 1994 as follows: (a) unless the scope of the Agreement is changed pursuant to Article 35 of the Agreement, the Agreement shall refer solely to tropical timber and tropical forests; (b) any financial contribution other than the contribution to the administrative budget provided for in Article 19 of the Agreement shall be entirely voluntary. INTERNATIONAL TROPICAL TIMBER AGREEMENT, 1994 UNITED NATIONS New York and Geneva, 199 INTERNATIONAL TROPICAL TIMBER AGREEMENT, 1994 CONTENTS Preamble 7 Chapter I — Objectives Articles 1. Objectives 7 Chapter II — Definitions 2. Definitions 8 Chapter III — Organization and administration 3. Headquarters and structure of the Internationa Tropical Timber Organization 9 4. Membership in the Organization 9 5. Membership by intergovernmental organizations 9 Chapter IV — International Tropical Timber Council 6. Composition of the International Tropical Timber Council 10 7. Powers and functions of the Council 10 8. Chairman and Vice-Chairman of the Council 10 9. Sessions of the Council 10 10. Distribution of votes 10 11. Voting procedure of the Council 11 12. Decisions and recommendations of the Council 11 13. Quorum for the Council 11 14. Cooperation and coordination with other organizations 11 15. Admission of observers 12 16. Executive Director and staff 12 Chapter V — Privileges and immunities 17. Privileges and immunities 12 Chapter VI — Finance 18. Financial accounts 13 19. Administrative account 13 20. Special account 13 21. The Bali Partnership Fund 14 22. Forms of payment 15 23. Audit and publication of accounts 15 Chapter VII — Operational activities 24. Policy work of the Organization 15 25. Project activities of the Organization 15 26. Establishment of committees 15 27. Functions of the committees 16 Chapter VIII — Relationship with the Common Fund for Commodities 28. Relationship with the Common Fund for Commodities 17 Chapter IX — Statistics, studies and information 29. Statistics, studies and information 18 30. Annual report and review 18 Chapter X — Miscellaneous 31. Complaints and disputes 19 32. General obligations of members 19 33. Relief from obligations 19 34. Differential and remedial measures and special measures 19 35. Review 19 36. Non-discrimination 19 Chapter XI — Final Provisions 37. Depositary 20 38. Signature, ratification, acceptance and approval 20 39. Accession 20 40. Notification of provisional application 20 41. Entry into force 20 42. Amendments 21 43. Withdrawal 21 44. Exclusion 21 45. Settlement of accounts with withdrawing or excluded members or members unable to accept an amendment 21 46. Duration, extension and termination 21 47. Reservations 22 48. Supplementary and transitional provisions 22 Annexes A. List of producing countries with tropical forest resources and/or net exporters of tropical timber in volume terms, and allocation of votes for the purposes of Article 41 23 B. List of consuming countries and allocation of votes for the purposes of Article 41 23 PREAMBLE THE PARTIES TO THIS AGREEMENT, RECALLING the Declaration and the Programme of Action on the Establishment of a New International Economic Order; the Integrated Programme for Commodities; A New Partnership for Development; the Cartagena Commitment and the relevant objectives contained in the Spirit of Cartagena, RECALLING the International Tropical Timber Agreement, 1983, and RECOGNIZING the work of the International Tropical Timber Organization and its achievements since its inception, including a strategy for achieving international trade in tropical timber from sustainably managed sources, RECALLING FURTHER the Rio Declaration on Environment and Development, the Non-legally Binding Authoritative Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Development of all Types of Forests, and the relevant chapters of Agenda 21 as adopted by the United Nations Conference on Environment and Development in June 1992, in Rio de Janeiro; the United Nations Framework Convention on Climate Change; and the Convention on Biological Diversity, RECOGNIZING the importance of timber to the economies of countries with timber-producing forests, FURTHER RECOGNIZING the need to promote and apply comparable and appropriate guidelines and criteria for the management, conservation and sustainable development of all types of timber-producing forests, TAKING INTO ACCOUNT the linkages of tropical timber trade and the international timber market and the need for taking a global perspective in order to improve transparency in the international timber market, NOTING the commitment of all members, made in Bali, Indonesia, in May 1990, to achieve exports of tropical timber products from sustainably managed sources by the year 2000 and RECOGNIZING Principle 10 of the Non-legally Binding Authoritative Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Development of all Types of Forests which states that new and additional financial resources should be provided to developing countries to enable them to sustainably manage, conserve and develop their forests, including through afforestation, reforestation and combating deforestation and forest and land degradation, NOTING ALSO the statement of commitment to maintain, or achieve by the year 2000, the sustainable management of their respective forests made by consuming members who are parties to the International Tropical Timber Agreement, 1983 at the fourth session of the United Nations Conference for the Negotiation of a Successor Agreement to the International Tropical Timber Agreement, 1983 in Geneva on 21 January 1994, DESIRING to strengthen the framework of international cooperation and policy development between members in finding solutions to the problems facing the tropical timber economy, HAVE AGREED AS FOLLOWS: CHAPTER I OBJECTIVES Article 1 Objectives Recognizing the sovereignty of members over their natural resources, as defined in Principle 1 (a) of the Non-legally Binding Authoritative Statement of Principles for a Global Consensus on the Management, Conservation and Sustainable Development of all Types of Forests, the objectives of the International Tropical Timber Agreement, 1994 (hereinafter referred to as ‘this Agreement’) are: (a) to provide an effective framework for consultation, international cooperation and policy development among all members with regard to all relevant aspects of the world timber economy; (b) to provide a forum for consultation to promote non-discriminatory timber trade practices; (c) to contribute to the process of sustainable development; (d) to enhance the capacity of members to implement a strategy for achieving exports of tropical timber and timber products from sustainably managed sources by the year 2000; (e) to promote the expansion and diversification of international trade in tropical timber from sustainable sources by improving the structural conditions in international markets, by taking into account, on the one hand, a long-term increase in consumption and continuity of supplies, and, on the other, prices which reflect the costs of sustainable forest management and which are remunerative and equitable for members, and the improvement of market access; (f) to promote and support research and development with a view to improving forest management and efficiency of wood utilization as well as increasing the capacity to conserve and enhance other forest values in timber-producing tropical forests; (g) to develop and contribute towards mechanisms for the provision of new and additional financial resources and expertise needed to enhance the capacity of producing members to attain the objectives of this Agreement; (h) to improve market intelligence with a view to ensuring greater transparency in the international timber market, including the gathering, compilation, and dissemination of trade-related data, including data related to species being traded; (i) to promote increased and further processing of tropical timber from sustainable sources in producing member countries with a view to promoting their industrialization and thereby increasing their employment opportunities and export earnings; (j) to encourage members to support and develop industrial tropical timber reforestation and forest management activities as well as rehabilitation of degraded forest land, with due regard for the interests of local communities dependent on forest resources; (k) to improve marketing and distribution of tropical timber exports from sustainably managed sources; (l) to encourage members to develop national policies aimed at sustainable utilization and conservation of timber-producing forests and their genetic resources and at maintaining the ecological balance in the regions concerned, in the context of tropical timber trade; (m) to promote the access to, and transfer of, technologies and technical cooperation to implement the objectives of this Agreement, including on concessional and preferential terms and conditions, as mutually agreed; (n) to encourage information-sharing on the international timber market. CHAPTER II DEFINITIONS Article 2 Definitions For the purposes of this Agreement: 1. ‘tropical timber’ means non-coniferous tropical wood for industrial uses, which grows or is produced in the countries situated between the Tropic of Cancer and the Tropic of Capricorn. The term covers logs, sawn wood, veneer sheets and plywood. Plywood which includes in some measure conifers of tropical origin shall also be covered by this definition; 2. ‘further processing’ means the transformation of logs into primary wood products, semi-finished and finished products made wholly or almost wholly of tropical timber; 3. ‘member’ means a government or an intergovernmental organization referred to in Article 5 which has consented to be bound by this Agreement whether it is in force provisionally or definitively; 4. ‘producing member’ means any country with tropical forest resources and/or a net exporter of tropical timber in volume terms which is listed in Annex A and which becomes a Party to this Agreement, or any country with tropical forest resources and/or a net exporter of tropical timber in volume terms which is not so listed and which becomes a Party to this Agreement and which the Council, with the consent of that country, declares to be a producing member; 5. ‘consuming member’ means any country listed in Annex 3 which becomes a Party to this Agreement, or any country not so listed which becomes a Party to this Agreement and which the Council, with the consent of that country, declares to be a consuming member; 6. ‘organization’ means the International Tropical Timber Organization established in accordance with Article 3; 7. ‘Council’ means the International Tropical Timber Council established in accordance with Article 6; 8. ‘special vote’ means a vote requiring at least two thirds of the votes cast by producing members present and voting and at least 60 % of the votes cast by consuming members present and voting, counted separately, on condition that these votes are cast by at least half of the producing members present and voting and at least half of the consuming members present and voting; 9. ‘simple distributed majority vote’ means a vote requiring more than half of the votes cast by producing members present and voting and more than half of the votes cast by consuming members present and voting, counted separately; 10. ‘financial year’ means the period from 1 January to 31 December inclusive; 11. ‘freely usable currencies’ means the German mark, the French Franc, the Japanese yen, the pound sterling, the United States dollar and any other currency which has been designated from time to time by a competent international monetary organization as being in fact widely used to make payments for international transactions and widely traded in the principal exchange markets. CHAPTER III ORGANIZATION AND ADMINISTRATION Article 3 Headquarters and structure of the International Tropical Timber Organization 1. The International Tropical Timber Organization established by the International Tropical Timber Agreement, 1983 shall continue in being for the purposes of administering the provisions and supervising the operation of this Agreement. 2. The Organization shall function through the Council established under Article 6, the committees and other subsidiary bodies referred to in Article 26 and the Executive Director and staff. 3. The headquarters of the Organization shall be in Yokohama, unless the Council, by special vote, decides otherwise. 4. The headquarters of the Organization shall at all times be located in the territory of a member. Article 4 Membership in the Organization There shall be two categories of membership in the Organization, namely: (a) producing, and (b) consuming. Article 5 Membership by intergovernmental organizations 1. Any reference in this Agreement to ‘governments’ shall be construed as including the European Community and any other intergovernmental organization having responsibilities in respect of the negotiation, conclusion and application of international agreements, in particular commodity agreements. Accordingly, any reference in this Agreement so signature, ratification, acceptance or approval, or to notification of provisional application, or to accession shall, in the case of such intergovernmental organizations, be construed as including a reference to signature, ratification, acceptance or approval, or to notification of provisional application, or to accession, by such intergovernmental organizations. 2. In the case of voting on matters within their competence, such intergovernmental organizations shall vote with a number of votes equal to the total number of votes attributable to their Member States in accordance with Article 10. In such cases, the Member States of such intergovernmental organizations shall not be entitled to exercise their individual voting rights. CHAPTER IV INTERNATIONAL TROPICAL TIMBER COUNCIL Article 6 Composition of the International Tropical Timber Council 1. The highest authority of the Organization shall be the International Tropical Timber Council, which shall consist of all the members of the Organization. 2. Each member shall be represented in the Council by one representative and may designate alternates and advisers to attend sessions of the Council. 3. An alternate representative shall be empowered to act and vote on behalf of the representative during the latter's absence or in special circumstances. Article 7 Powers and functions of the Council 1. The Council shall exercise all such powers and perform or arrange for the performance of all such functions as are necessary to carry out the provisions of this Agreement. 2. The Council shall, by special vote, adopt such rules and regulations as are necessary to carry out the provisions of this Agreement and as are consistent therewith, including its own rules of procedure and the financial rules and staff regulations of the Organization. Such financial rules shall, inter alia, govern the receipt and expenditure of funds under the administrative account, the special account and the Bali Partnership Fund. The Council may, in its rules of procedure, provide for a procedure whereby it may, without meeting, decide specific questions. 3. The Council shall keep such records as are required for the performance of its functions under this Agreement. Article 8 Chairman and Vice-Chairman of the Council 1. The Council shall elect for each calendar year a Chairman and a Vice-Chairman, whose salaries shall not be paid by the Organization. 2. The Chairman and the Vice-Chairman shall be elected, one from among the representatives of producing members and the other from among the representatives of consuming members. These offices shall alternate each year between the two categories of members, provided, however, that this shall not prohibit the re-election of either or both, under exceptional circumstances, by special vote of the Council. 3. In the temporary absence of the Chairman, the Vice-Chairman shall act in his place. In the temporary absence of both the Chairman and the Vice-Chairman, or in the absence of one or both of them for the rest of the term for which they were elected, the Council may elect new officers from among the representatives of the producing members and/or from among the representatives of the consuming members, as the case may be, on a temporary basis or for the rest of the term for which the predecessor or predecessors were elected. Article 9 Sessions of the Council 1. As a general rule, the Council shall hold at least one regular session a year. 2. The Council shall meet in special session whenever it so decides or at the request of: (a) the executive Director, in agreement with the Chairman of the Council; or (b) a majority of producing members or a majority of consuming members; or (c) members holding at least 500 votes. 3. Sessions of the Council shall be held at the headquarters of the Organization unless the Council, by special vote, decides otherwise. If on the invitation of any member the Council meets elsewhere than at the headquarters of the Organization, that member shall pay the additional cost of holding the meeting away from headquarters. 4. Notice of any sessions and the agenda for such sessions shall be communicated to members by the Executive Director at least six weeks in advance, except in cases of emergency, when notice shall be communicated at least seven days in advance. Article 10 Distribution of votes 1. The producing members shall together hold 1 000 votes and the consuming members shall together hold 1 000 votes. 2. The votes of the producing members shall be distributed as follows: (a) four hundred votes shall be distributed equally among the three producing regions of Africa, Asia-Pacific and Latin America. The votes thus allocated to each of these regions shall then be distributed equally among the producing members of that region; (b) three hundred votes shall be distributed among the producing members in accordance with their respective shares of the total tropical forest resources of all producing members; and (c) three hundred votes shall be distributed among the producing members in proportion to the average of the values of their respective net exports of tropical timber during the most recent three-year period for which definitive figures are available. 3. Notwithstanding the provisions of paragraph 2 of this Article, the total votes allocated to the producing members from the African region, calculated in accordance with paragraph 2 of this Article, shall be distributed equally among all producing members from the African region. If there are any remaining votes, each of these votes shall be allocated to a producing member from the African region: the first to the producing member which is allocated the highest number of votes calculated in accordance with paragraph 2 of this Article, the second to the producing member which is allocated the second highest number of votes, and so on, until all the remaining votes have been distributed. 4. For purposes of the calculation of the distribution of votes under paragraph 2 (b) of this Article, ‘tropical forest resources’ means productive closed broadleaved forests as defined by the Food and Agriculture Organization (FAO). 5. The votes of the consuming members shall be distributed as follows: each consuming member shall have 10 initial votes: the remaining votes shall be distributed among the consuming members in proportion to the average volume of their respective net imports of tropical timber during the three-year period commencing four calendar years prior to the distribution of votes. 6. The Council shall distribute the votes for each financial year at the beginning of its first session of that year in accordance with the provisions of this Article. Such distribution shall remain in effect for the rest of that year, except as provided for in paragraph 7 of this Article. 7. Whenever the membership of the Organization changes or when any member has its voting rights suspended or restored under any provision of this Agreement, the Council shall redistribute the votes within the affected category or categories of members in accordance with the provisions of this Article. The Council shall, in that event, decide when such redistribution shall become effective. 8. There shall be no fractional votes. Article 11 Voting procedure of the Council 1. Each member shall be entitled to cast the number of votes it holds and no member shall be entitled to divide its votes. A member may, however, cast differently from such votes any votes which it is authorized to cast under paragraph 2 of this Article. 2. By written notification to the Chairman of the Council, any producing member may authorize, under its own responsibility, any other producing member, and any consuming member may authorize, under its own responsibility, any other consuming member, to represent its interests and to cast its votes at any meeting of the Council. 3. When abstaining, a member shall be deemed not to have cast its votes. Article 12 Decisions and recommendations of the Council 1. The Council shall endeavour to take all decisions and to make all recommendations by consensus. If consensus cannot be reached, the Council shall take all decisions and make all recommendations by a simple distributed majority vote, unless this Agreement provides for a special vote. 2. Where a member avails itself of the provisions of Article 11 (2), and its votes are cast at a meeting of the Council, such member shall, for the purposes of paragraph 1 of this Article, be considered as present and voting. Article 13 Quorum for the Council 1. The quorum for any meeting of the Council shall be the presence of a majority of members of each category referred to in Article 4, provided that such members hold at least two thirds of the total votes in their respective categories. 2. If there is no quorum in accordance with paragraph 1 of this Article on the day fixed for the meeting and on the following day, the quorum on the subsequent days of the session shall be the presence of a majority of members of each category referred to in Article 4, provided that such members hold a majority of the total votes in their respective categories. 3. Representation in accordance with Article 11 (2) shall be considered as presence. Article 14 Cooperation and coordination with other organizations 1. The Council shall make arrangements as appropriate for consultations and cooperation with the United Nations and its organs, including the United Nations Conference on Trade and Development (Unctad) and the Commission on Sustainable Development (CSD), intergovernmental organizations, including the General Agreement on Tariffs and Trade (GATT) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and non-governmental organizations. 2. The Organization shall, to the maximum extent possible, utilize the facilities, services and expertise of existing intergovernmental, governmental or non-governmental organizations, in order to avoid duplication of efforts in achieving the objectives of this Agreement and to enhance the complementarity and the efficiency of their activities. Article 15 Admission of observers The Council may invite any non-member government or any of the organizations referred to in Article 14, Article 20 and Article 29, interested in the activities of the Organization to attend as observers any of the meetings of the Council. Article 16 Executive Director and staff 1. The Council shall, by special vote, appoint the Executive Director. 2. The terms and conditions of appointment of the Executive Director shall be determined by the Council. 3. The Executive Director shall be the chief administrative officer of the Organization and shall be responsible to the Council for the administration and operation of this Agreement in accordance with decisions of the Council. 4. The Executive Director shall appoint the staff in accordance with regulations to be established by the Council. The Council shall, by special vote, decide the number of executive and professional staff the Executive Director may appoint. Any changes in the number of executive and professional staff shall be decided by the Council by special vote. The staff shall be responsible to the Executive Director. 5. Neither the Executive Director nor any member of the staff shall have any financial interest in the timber industry or trade, or associated commercial activities. 6. In the performance of their duties, the Executive Director and staff shall not seek or receive instructions from any member or from any authority external to the Organization. They shall refrain from any action which might reflect adversely on their positions as international officials ultimately responsible to the Council. Each member shall respect the exclusively international character of the responsibilities of the Executive Director and staff and shall not seek to influence them in the discharge of their responsibilities. CHAPTER V PRIVILEGES AND IMMUNITIES Article 17 Privileges and immunities 1. The Organization shall have legal personality. It shall in particular have the capacity to contract, to acquire and dispose of movable and immovable property, and to institute legal proceedings. 2. The status, privileges and immunities of the Organization, of its Executive Director, its staff and experts, and of representatives of members while in the territory of Japan shall continue to be governed by the Headquarters Agreement between the Government of Japan and the International Tropical Timber Organization signed at Tokyo on 27 February 1988, with such amendments as may be necessary for the proper functioning of this Agreement. 3. The Organization may conclude, with one or more countries, agreements to be approved by the Council relating to such capacity, privileges and immunities as may be necessary for the proper functioning of this Agreement. 4. If the headquarters of the Organization is moved to another country, the member in question shall, as soon as possible, conclude with the Organization a headquarters agreement to be approved by the Council. Pending the conclusion of such an agreement, the Organization shall request the new host government to grant, within the limits of its national legislation, exemption from taxation on remuneration paid by the Organization to its employees, and on the assets, income and other property of the Organization. 5. The Headquarters Agreement shall be independent of this Agreement. It shall, however, terminate: (a) by agreement between the host government and the Organization; (b) in the event of the headquarters of the Organization being moved from the country of the host government; or (c) in the event of the Organization ceasing to exist. CHAPTER VI FINANCE Article 18 Financial accounts 1. There shall be established: (a) the administrative account; (b) the special account; (c) the Bali Partnership Fund; and (d) such other accounts as the Council shall deem appropriate and necessary. 2. The Executive Director shall be responsible for the administration of these accounts and the Council shall make provision therefore in the financial rules of the Organization. Article 19 Administrative account 1. The expenses necessary for the administration of this Agreement shall be brought into the administrative account and shall be met by annual contributions paid by members in accordance with their respective constitutional or institutional procedures and assessed in accordance with paragraphs 3, 4 and 5 of this Article. 2. The expenses of delegations to the Council, the committees and any other subsidiary bodies of the Council referred to in Article 26 shall be met by the members concerned. In cases where a member requests special services from the Organization, the Council shall require that member to pay the costs of such services. 3. Before the end of each financial year, the Council shall approve the administrative budget of the Organization for the following financial year and shall assess the contribution of each member to that budget. 4. The contribution of each member to the administrative budget for each financial year shall be in the proportion which the number of its votes at the time the administrative budget for that financial year is approved bears to the total votes of all the members. In assessing contributions, the votes of each member shall be calculated without regard to the suspension of any member's voting rights or any redistribution of votes resulting therefrom. 5. The initial contribution of any member joining the Organization after the entry into force of this Agreement shall be assessed by the Council on the basis of the number of votes to be held by that member and the period remaining in the current financial year, but the assessment made upon other members from the current financial year shall not thereby be altered. 6. Contributions to administrative budgets shall become due on the first day of each financial year. Contributions of members in respect of the financial year in which they join the Organization shall be due on the date on which they become members. 7. If a member has not paid its full contribution to the administrative budget within four months after such contribution becomes due in accordance with paragraph 6 of this Article, the Executive Director shall request that member to make payment as quickly as possible. If that member has still not paid its contribution within two months after such request, that member shall be requested to state the reasons for its inability to make payment. If at the expiry of seven months from the due date of contribution, that member has still not paid its contribution, its voting rights shall be suspended until such time as it has paid its contribution in full, unless the Council, by special vote, decides otherwise. If, on the contrary, a member has paid its full contribution to the administrative budget within four months after such contribution becomes due in accordance with paragraph 6 of this Article, the member's contribution shall receive a discount as may be established by the Council in the financial rules of the Organization. 8. A member whose rights have been suspended under paragraph 7 of this Article shall remain liable to pay its contribution. Article 20 Special account 1. There shall be established two subaccounts under the special account: (a) the pre-project subaccount; and (b) the project subaccount. 2. The possible sources of finance for the special account may be: (a) the Common Fund for Commodities; (b) regional and international financial institutions; (c) voluntary contributions. 3. The resources of the special account shall be used only for approved pre-projects or projects. 4. All expenditures under the pre-project subaccount shall be reimbursed from the project subaccount if projects are subsequently approved and funded. If within six months of the entry into force of this Agreement the Council does not receive any funds for the pre-project subaccount, it shall review the situation and take appropriate action. 5. All receipts pertaining to specific identifiable pre-projects or projects under the special account shall be brought into that account. All expenditures incurred on such pre-projects or projects, including remuneration and travel expenses of consultants and experts, shall be charged to the same account. 6. The Council shall, by special vote, establish terms and conditions on which it would, when and where appropriate, sponsor projects for loan financing, where a member or members have voluntarily assumed full obligations and responsibilities for such loans. The Organization shall have no obligations for such loans. 7. The Council may nominate and sponsor any entity with the consent of that entity, including a member or members, to receive loans for the financing of approved projects and to undertake all the obligations involved, except that the organization shall reserve to itself the right to monitor the use of resources and to follow up on the implementation of projects so financed. However, the Organization shall not be responsible for guarantees voluntarily provided by individual members or other entities. 8. No member shall be responsible by reason of its membership in the Organization for any liability arising from borrowing or lending by any other member or entity in connection with projects. 9. In the event that voluntary unearmarked funds are offered to the Organization, the Council may accept such funds. Such funds may be utilized for approved pre-projects and projects. 10. The Executive Director shall endeavour to seek, on such terms and conditions as the Council may decide, adequate and assured finance for pre-projects and projects approved by the Council. 11. Contributions for specified approved projects shall be used only for the projects for which they were originally intended, unless otherwise decided by the Council in agreement with the contributor. After the completion of a project, the Organization shall return to each contributor for specific projects the balance of any funds remaining pro rata to each contributor's share in the total of the contributions originally made available for financing that project, unless otherwise agreed to by the contributor. Article 21 The Bali Partnership Fund 1. A Fund for sustainable management of tropical timber producing forests is hereby established to assist producing members to make the investments necessary to achieve the objective of Article 1 (d) of this Agreement. 2. The Fund shall be constituted: (a) by contributions from donor members; (b) by 50 % of income earned as a result of activities related to the special account; (c) by resources from other private and public sources which the Organization may accept consistent with its financial rules. 3. Resources of the Fund shall be allocated by the Council only for pre-projects and projects for the purpose set out in paragraph 1 of this Article and approved in accordance with Article 25. 4. In allocating resources of the Fund, the Council shall take into account: (a) the special needs of members whose forestry sectors' contribution to their economies is adversely affected by the implementation of the strategy for achieving the exports of tropical timber and timber products from sustainably managed sources by the year 2000; (b) the needs of members with significant forest areas who establish conservation programmes in timber-producing forests. 5. The Council shall examine annually the adequacy of the resources available to the Fund and endeavour to obtain additional resources needed by producing members to achieve the purpose of the Fund. The ability of members to implement the strategy referred to in paragraph 4 (a) of this Article will be influenced by the availability of resources. 6. The Council shall establish policies and financial rules for the operation of the Fund, including rules covering the settlement of accounts on termination or expiry of this Agreement. Article 22 Forms of payment 1. Constributions to the administrative account shall be payable in freely usable currencies and shall be exempt from foreign-exchange restrictions. 2. Financial contributions to the special account and the Bali Partnership Fund shall be payable in freely usable currencies and shall be exempt from foreign-exchange restrictions. 3. The Council may also decide to accept other forms of contributions to the special account or the Bali Partnership Fund, including scientific and technical equipment or personnel, to meet the requirements of approved projects. Article 23 Audit and publication of accounts 1. The Council shall appoint independent auditors for the purpose of auditing the accounts of the Organization. 2. Independently audited statements of the administrative account, of the special account and of the Bali Partnership Fund shall be made available to members as soon as possible after the close of each financial year, but not later than six months after that date, and be considered for approval by the Council at its next session, as appropriate. A summary of the audited accounts and balance sheet shall thereafter be published. CHAPTER VII OPERATIONAL ACTIVITIES Article 24 Policy work of the Organization In order to achieve the objectives set out in Article 1, the Organization shall undertake policy work and project activities in the areas of economic information and market intelligence, reforestation and forest management and forest industry, in a balanced manner, to the extent possible integrating policy work and project activities. Article 25 Project activities of the Organization 1. Bearing in mind the needs of developing countries, members may submit pre-project and project proposals to the Council in the fields of research and development, market intelligence, further and increased wood processing in producing member countries, and reforestation and forest management. Pre-projects and projects should contribute to the achievement of one or more of the objectives of this Agreement. 2. The Council, in approving pre-projects and projects, shall take into account: (a) their relevance to the objectives of this Agreement; (b) their environmental and social effects; (c) the desirability of maintaining an appropriate geographical balance; (d) the interests and characteristics of each of the developing producing regions; (e) the desirability of equitable distribution of resources among the fields referred to in paragraph 1 of this Article; (f) their cost-effectiveness; (g) the need to avoid duplication of efforts. 3. The Council shall establish a schedule and procedure for submitting, appraising, and prioritizing pre-projects and projects seeking funding from the Organization, as well as for their implementation, monitoring and evaluation. The Council shall decide on the approval of pre-projects and projects for financing or sponsorship in accordance with Article 20 or Article 21. 4. The Executive Director may suspend disbursement of the Organization's funds to a pre-project or project if they are being used contrary to the project document or in cases of fraud, waste, neglect or mismanagement. The Executive Director will provide to the Council at its next session a report for its consideration. The Council shall take appropriate action. 5. The Council may, by special vote, terminate its sponsorship of any pre-project or project. Article 26 Establishment of committees 1. The following are hereby established as committees of the Organization: (a) Committee on Economic Information and Market Intelligence; (b) Committee on Reforestation and Forest Management; (c) Committee on Forest Industry; (d) Committee on Finance and Administration. 2. The Council may, by special vote, establish such other committees and subsidiary bodies as it deems appropriate and necessary. 3. Participation in each of the committees shall be open to all members. The rules of procedure of the committees shall be decided by the Council. 4. The committees and subsidiary bodies referred to in paragraphs 1 and 2 of this Article shall be responsible to, and work under the general direction of, the Council. Meetings of the committees and subsidiary bodies shall be convened by the Council. Article 27 Functions of the committees 1. The Committee on Economic Information and Market Intelligence shall: (a) keep under review the availability and quality of statistics and other information required by the Organization; (b) analyse the statistical data and specific indicators as decided by the Council for the monitoring of international timber trade; (c) Keep under continuous review the international timber market, its current situation and short-term prospects on the basis of the data mentioned in subparagraph (b) above and other relevant information, including information related to undocumented trade; (d) Make recommendations to the Council on the need for, and nature of, appropriate studies on tropical timber, including prices, market elasticity, market substitutability, marketing of new products, and long-term prospects of the international tropical timber market, and monitor and review any studies commissioned by the Council; (e) carry out any other tasks related to the economic, technical and statistical aspects of timber assigned to it by the Council; (f) assist in the provision of technical cooperation to developing member countries to improve their relevant statistical services. 2. The Committee on Reforestation and Forest Management shall: (a) promote cooperation between members as partners in development of forest activities in member countries, inter alia, in the following areas: (i) reforestation; (ii) rehabilitation; (iii) forest management; (b) encourage the increase of technical assistance and transfer of technology in the fields of reforestation and forest management to developing countries; (c) follow up ongoing activities in this field, and identify and consider problems and possible solutions to them in cooperation with the competent organizations; (d) review regularly the future needs of international trade in industrial tropical timber and, on this basis, identify and consider appropriate possible schemes and measures in the field of reforestation, rehabilitation and forest management; (e) facilitate the transfer of knowledge in the field of reforestation and forest management with the assistance of competent organizations; (f) coordinate and harmonize these activities for cooperation in the field of reforestation and forest management with relevant activities pursued elsewhere, such as those under the auspices of the Food and Agricultural Organization (FAO), the United Nations Environmental Programme (UNEP), the World Bank, the United Nations Development Programme (UNDP), regional development banks and other competent organizations. 3. The Committee on Forest Industry shall: (a) promote cooperation between member countries as partners in the development of processing activities in producing member countries, inter alia, in the following areas: (i) product development through transfer of technology; (ii) human resources development and training; (iii) standardization of nomenclature of tropical timber; (iv) harmonization of specifications of processed products; (v) encouragement of investment and joint ventures; (vi) marketing including the promotion of lesser known and lesser used species; (b) promote the exchange of information in order to facilitate structural changes involved in increased and further processing in the interests of all member countries, in particular developing member countries; (c) follow up ongoing activities in this field, and identify and consider problems and possible solutions to them in cooperation with the competent organizations; (d) encourage the increase of technical cooperation for the processing of tropical timber for the benefit of producing member countries. 4. In order to promote the policy and project work of the Organization in a balanced manner, the Committee on Economic Information and Market Intelligence, the Committee on Reforestation and Forest Management and the Committee on Forest Industry shall each: (a) be responsible for ensuring the effective appraisal, monitoring and evaluation of pre-projects and projects; (b) make recommendations to the Council relating to pre-projects and projects; (c) follow up the implementation of pre-projects and projects and provide for the collection and dissemination of their results as widely as possible for the benefit of all members; (d) develop and advance policy ideas to the Council; (e) review regularly the results of project and policy work and make recommendations to the Council on the future of the Organization's programme; (f) review regularly the strategies, criteria and priority areas for programme development and project work contained the Organization's action plan and recommend revisions to the Council; (g) take account of the need to strengthen capacity-building and human resource development in member countries; (h) carry out any other task related to the objectives of this Agreement assigned to them by the Council. 5. Research and development shall be a common function of the Committees referred to in paragraphs 1, 2, and 3 of this Article. 6. The Committee on Finance and Administration shall: (a) examine and make recommendations to the Council regarding the approval of the Organization's administrative budget proposals and the management operations of the Organization; (b) review the assets of the Organization to ensure prudent asset management and that the Organization has sufficient reserves to carry out its work; (c) examine and make recommendations to the Council on the budgetary implications of the Organization's annual work programme, and the actions that might be taken to secure the resources needed to implement it; (d) recommend to the Council the choice of independent auditors and review the independent audited statements; (e) recommend to the Council any modifications it may judge necessary to the Rules of Procedure or the Financial Rules; (f) review the Organization's revenues and the extent to which they constrain the work of the Secretariat. CHAPTER VIII RELATIONSHIP WITH THE COMMON FUND FOR COMMODITIES Article 28 Relationship with the Common Fund for Commodities The Organization shall take full advantage of the facilities of the Common Fund for Commodities. CHAPTER IX STATISTICS, STUDIES AND INFORMATION Article 29 Statistics, studies and information 1. The Council shall establish close relationships with relevant intergovernmental, governmental and non-governmental organizations, in order to help ensure the availability of recent reliable data and information on the trade in tropical timber, as well as relevant information on non-tropical timber and on the management of timber-producing forests. As deemed necessary for the operation of this Agreement, the Organization, in cooperation with such organizations, shall compile, collate and, where relevant, publish statistical information on production, supply, trade, stocks, consumption and market prices of timber, the extent of timber resources and the management of timber-producing forests. 2. Members shall, to the fullest extent possible not inconsistent with their national legislation, furnish, within a reasonable time, statistics and information on timber, its trade and the activities aimed at achieving sustainable management of timber-producing forests as well as other relevant information as requested by the Council. The Council shall decide on the type of information to be provided under this paragraph and on the format in which it is to be presented. 3. The Council shall arrange to have any relevant studies undertaken of the trends and of short- and long-term problems of the international timber markets and of the progress towards the achievement of sustainable management of timber-producing forests. Article 30 Annual report and review 1. The Council shall, within six months after the close of each calendar year, publish an annual report on its activities and such other information as it considers appropriate. 2. The Council shall annually review and assess: (a) the international timber situation; (b) other factors, issues and developments considered relevant to achieve the objectives of this Agreement. 3. The review shall be carried out in the light of: (a) information supplied by members in relation to national production, trade, supply, stocks, consumption and prices of timber; (b) other statistical data and specific indicators provided by members as requested by the Council; (c) information supplied by members on their progress towards the sustainable management of their timber-producing forests; (d) such other relevant information as may be available to the Council either directly or through the organizations in the United Nations system and intergovernmental, governmental or non-governmental organizations. 4. The Council shall promote the exchange of views among member countries regarding: (a) the status of sustainable management of timber producing forests and related matters in member countries; (b) resource flows and requirements in relation to objectives, criteria and guidelines set by the Organization. 5. On request, the Council shall endeavour to enhance the technical capacity of member countries, in particular developing member countries, to obtain the data necessary for adequate information-sharing, including the provision of resources for training and facilities to members. 6. The results of the review shall be included in the reports of the Council's deliberations. CHAPTER X MISCELLANEOUS Article 31 Complaints and disputes Any complaint that a member has failed to fulfil its obligations under this Agreement and any dispute concerning the interpretation or application of this Agreement shall be referred to the Council for decision. Decisions of the Council on these matters shall be final and binding. Article 32 General obligations of members 1. Members shall, for the duration of this Agreement, use their best endeavours and cooperate to promote the attainment of its objectives and to avoid any action contrary thereto. 2. Members undertake to accept and carry out the decisions of the Council under the provisions of this Agreement and shall refrain from implementing measures which would have the effect of limiting or running counter to them. Article 33 Relief from obligations 1. Where it is necessary on account of exceptional circumstances or emergency or force majeure not expressly provided for in this Agreement, the Council may, by special vote, relieve a member of an obligation under this Agreement if it is satisfied by an explanation from that member regarding the reasons why the obligation cannot be met. 2. The Council, in granting relief to a member under paragraph 1 of this Article, shall state explicitly the terms and conditions on which, and the period for which, the member is relieved of such obligation, and the reasons for which the relief is granted. Article 34 Differential and remedial measures and special measures 1. Developing importing members whose interests are adversely affected by measures taken under this Agreement may apply to the Council for appropriate differential and remedial measures. The Council shall consider taking appropriate measures in accordance with Section III, paragraphs 3 and 4, of resolution 93 (IV) of the United Nations Conference on Trade and Development. 2. Members in the category of least-developed countries as defined by the United Nations may apply to the Council for special measures in accordance with Section III, paragraph 4, of resolution 93 (IV) and with paragraphs 56 and 57 of the Paris Declaration and Programme of Action for the Least-Developed Countries for the 1990s. Article 35 Review The Council shall review the scope of this Agreement four years after its entry into force. Article 36 Non-discrimination Nothing in this Agreement authorizes the use of measures to restrict or ban international trade in, and in particular as they concern imports of and utilization of, timber and timber products. CHAPTER XI FINAL PROVISIONS Article 37 Depositary The Secretary-General of the United Nations is hereby designated as the depositary of this Agreement. Article 38 Signature, ratification, acceptance and approval 1. This Agreement shall be open for signature, at United Nations Headquarters from 1 April 1994 until one month after the date of its entry into force, by governments invited to the United Nations Conference for the Negotiation of a Successor Agreement to the International Tropical Timber Agreement, 1983. 2. Any government referred to in paragraph 1 of this Article may: (a) at the time of signing this Agreement, declare that by such signature it expresses its consent to be bound by this Agreement (definitive signature); or (b) after signing this Agreement, ratify, accept or approve it by the deposit of an instrument to that effect with the depositary. Article 39 Accession 1. This Agreement shall be open for accession by the governments of all States upon conditions established by the Council, which shall include a time limit for the deposit of instruments of accession. The Council may, however, grant extensions of time to governments which are unable to accede by the time limit set in the conditions of accession. 2. Accession shall be effected by the deposit of an instrument of accession with the depositary. Article 40 Notification of provisional application A signatory government which intends to ratify, accept or approve this Agreement, or a government for which the Council has established conditions for accession but which has not yet been able to deposit its instrument, may, at any time, notify the depositary that it will apply this Agreement provisionally either when it enters into force in accordance with Article 41, or, if it is already in force, at a specified date. Article 41 Entry into force 1. This Agreement shall enter into force definitively on 1 February 1995 or on any date thereafter, if 12 governments of producing countries holding at least 55 % of the total votes as set out in Annex A to this Agreement, and 16 governments of consuming countries holding at least 70 % of the total votes as set out in Annex B to this Agreement have signed this Agreement definitively or have ratified, accepted or approved it or acceded thereto pursuant to Article 38 (2) or Article 39. 2. If this Agreement has not entered into force definitively on 1 February 1995, it shall enter into force provisionally on that date or on any date within six months (1) thereafter, if 10 governments of producing countries holding at least 50 % of the total votes as set out in Annex A to this Agreement, and 14 governments of consuming countries holding at least 65 % of the total votes as set out in Annex B to this Agreement, have signed this Agreement definitively or have ratified, accepted or approved it pursuant to Article 38 (2) or have notified the depositary under Article 40 that they will apply this Agreement provisionally. 3. If the requirements for entry into force under paragraph 1 or paragraph 2 of this Article have not been met on 1 September 1995, the Secretary-General of the United Nations shall invite those governments which have signed this Agreement definitively or have ratified, accepted or approved it pursuant to Article 38 (2) or have notified the depositary that they will apply this Agreement provisionally, to meet at the earliest time practicable to decide whether to put this Agreement into force provisionally or definitively among themselves in whole, or in part. Governments which decide to put this Agreement into force provisionally among themselves may meet from time to time to review the situation and decide whether this Agreement shall enter into force definitively among themselves. 4. For any Government which has not notified the depositary under Article 40 that it will apply this Agreement provisionally and which deposits its instrument of ratification, acceptance, approval or accession after the entry into force of this Agreement, this Agreement shall enter into force on the date of such deposit. 5. The Executive Director of the Organization shall convene the Council as soon as possible after the entry into force of this Agreement. Article 42 Amendments 1. The Council may, by special vote, recommend an amendment of this Agreement to members. 2. The Council shall fix a date by which members shall notify the depositary of their acceptance of the amendment. 3. An amendment shall enter into force 90 days after the depositary has received notifications of acceptance from members constituting at least two thirds of the producing members and accounting for at least 75 % of the votes of the producing members, and from members constituting at least two thirds of the consuming members and accounting for at least 75 % of the votes of the consuming members. 4. After the depositary informs the Council that the requirements for entry into force of the amendment have been met, and notwithstanding the provisions of paragraph 2 of this Article relating to the date fixed by the Council, a member may still notify the depositary of its acceptance of the amendment, provided that such notification is made before the entry into force of the amendment. 5. Any member which has not notified its acceptance of an amendment by the date on which such amendment enters into force shall cease to be a party to this Agreement as from that date, unless such member has satisfied the Council that its acceptance could not be obtained in time owing to difficulties in completing its constitutional or institutional procedures, and the Council decides to extend for that member the period for acceptance of the amendment. Such member shall not be bound by the amendment before it has notified its acceptance thereof. 6. If the requirements for the entry into force of the amendment have not been met by the date fixed by the Council in accordance with paragraph 2 of this Article, the amendment shall be considered withdrawn. Article 43 Withdrawal 1. A member may withdraw from this Agreement at any time after the entry into force of this Agreement by giving written notice of withdrawal to the depositary. That member shall simultaneously inform the Council of the action it has taken. 2. Withdrawal shall become effective 90 days after the notice is received by the depositary. 3. Financial obligations to the Organization incurred by a member under this Agreement shall not be terminated by its withdrawal. Article 44 Exclusion If the Council decides that any member is in breach of its obligations under this Agreement and decides further that such breach significantly impairs the operation of this Agreement, it may, by special vote, exclude that member from this Agreement. The Council shall immediately so notify the depositary. Six months after the date of the Council's decision, that member shall cease to be a party to this Agreement. Article 45 Settlement of accounts with withdrawing or excluded members or members unable to accept an amendment 1. The Council shall determine any settlement of accounts with a member which ceases to be a party to this Agreement owing to: (a) non-acceptance of an amendment to this Agreement under Article 42; (b) withdrawal from this Agreement under Article 43; or (c) exclusion from this Agreement under Article 44. 2. The Council shall retain any contribution paid to the administrative account, to the special account or to the Bali Partnership Fund by a member which ceases to be a party to this Agreement. 3. A member which has ceased to be a party to this Agreement shall not be entitled to any share of the proceeds of liquidation or the other assets of the Organization. Nor shall such member be liable for payment of any part of the deficit, if any, of the Organization upon termination of this Agreement. Article 46 Duration, extension and termination 1. This Agreement shall remain in force for a period of four years after its entry into force unless the Council, by special vote, decides to extend, renegotiate or terminate it in accordance with the provisions of this Article. 2. The Council may, by special vote, decide to extend this Agreement for two periods of three years each. 3. If, before the expiry of the four-year period referred to in paragraph 1 of this Article, or before the expiry of an extension period referred to in paragraph 2 of this Article, as the case may be, a new agreement to replace this Agreement has been negotiated but has not yet entered into force either definitively or provisionally, the Council may, by special vote, extend this Agreement until the provisional or definitive entry into force of the new agreement. 4. If a new agreement is negotiate and enters into force during any period of extension of this Agreement under paragraph 2 or paragraph 3 of this Article, this Agreement, as extended, shall terminate upon the entry into force of the new agreement. 5. The Council may at any time, by special vote, decide to terminate this Agreement with effect from such date as it may determine. 6. Notwithstanding the termination of this Agreement, the Council shall continue in being for a period not exceeding 1 8 months to carry out the liquidation of the Organization, including the settlement of accounts, and, subject to relevant decisions to be taken by special vote, shall have during that period such powers and functions as may be necessary for these purposes. 7. The Council shall notify the depositary of any decision taken under this Article. Article 47 Reservations Reservations may not be made with respect to any of the provisions of this Agreement. Article 48 Supplementary and transitional provisions 1. This Agreement shall be the successor to the International Tropical Timber Agreement, 1983. 2. All acts by or on behalf of the Organization or any of its organs under the International Tropical Timber Agreement, 1983, which are in effect on the date of entry into force of this Agreement and the terms of which do not provide for expiry on that date shall remain in effect unless changed under the provisions of this Agreement. IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have affixed their signatures under this Agreement on the dates indicated. DONE at Geneva, on twenty-six January, one thousand nine hundred and ninety-four, the text of this Agreement in the Arabic, Chinese, English, French, Russian and Spanish languages being equally authentic. (1) ‘six months’ shall be replaced by ‘seven months’ (see procès-verbal of rectification of the original of the Agreement, drawn up at the headquarters of the UN at New York on 12 April 1995). ANNEX A LIST OF PRODUCING COUNTRIES WITH TROPICAL FOREST RESOURCES AND/OR NET EXPORTERS OF TROPICAL TIMBER IN VOLUME TERMS, AND ALLOCATION OF VOTES FOR THE PURPOSES OF ARTICLE 41 Bolivia. 21 Brazil. 133 Cameroon. 23 Colombia. 24 Congo. 23 Costa Rica. 9 Côte d'Ivoire. 23 Dominican Republic. 9 Ecuador. 14 El Salvador. 9 Equatorial Guinea. 23 Gabon. 23 Ghana. 23 Guyana. 14 Honduras. 9 India. 34 Indonesia. 170 Liberia. 23 Malaysia. 139 Mexico. 14 Myanmar. 33 Panama. 10 Papua New Guinea. 28 Paraguay. 11 Peru. 25 Philippines. 25 Thailand. 20 Togo. 23 Trinidad and Tobago. 9 United Republic of Tanzania. 23 Venezuela. 10 Zaire. 23 TOTAL 1 000 ANNEX B LIST OF CONSUMING COUNTRIES AND ALLOCATION OF VOTES FOR THE PURPOSES OF ARTICLE 41 Afghanistan. 10 Algeria. 13 Australia. 18 Austria. 11 Bahrain. 11 Bulgaria. 10 Canada. 12 Chile. 10 China. 36 Egypt. 14 European Community. (302) Belgium/Luxembourg. 26 Denmark. 11 France. 44 Germany. 35 Greece. 13 Ireland. 13 Italy. 35 Netherlands. 40 Portugal. 18 Spain. 25 United Kingdom. 42 Finland. 10 Japan. 320 Nepal. 10 New Zealand. 10 Norway. 10 Republic of Korea. 97 Russian Federation. 13 Slovakia. 11 Sweden. 10 Switzerland. 11 United States of America. 51 TOTAL 1 000 | 29 |
Proposal for a COUNCIL AND COMMISSION DECISION on the conclusion of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States and Ukraine | "1996-03-29T00:00:00" | [
"Ukraine",
"accession to the European Union",
"cooperation agreement (EU)",
"protocol to an agreement"
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"pdf"
] | COMMISSION OI l l ll I UKOIM AN COMMUNIMI S Brussels, 29. 03. 1996 COM(%)133 final 96/0090 (AVC) Proposal for a COUNCIL AND COMMISSION DECISION on the conclusion of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States and Ukraine (presented by the Commission) Explanatory memorandum 1. 2. 3. The Partnership and Cooperation Agreement between the European Communities and their Member States and Ukraine takes the Agreement on trade and commercial and economic cooperation concluded by the EEC and Euratom with the Soviet Union on 18 December 1989 a step further for the Communities. This Agreement is based on Articles 54(2), the closing sentence of Article 57(2) and Articles 73c(2), 75, 84(2), 113 and 235, in conjunction with the second sentence of Article 228(2) and the second subparagraph of Article 228(3) of the EC Treaty, Article 101 of the Euratom Treaty and on the ECSC Treaty. A need arose for a protocol to the text of the Agreement signed on 14 June 1994 and amended on 8 May 1995. The accession to the European Union and thereby to the Communities of Austria, Finland and Sweden on 1 January 1995 means these three new Member States have to be added to the list of contracting parties and the list of signatories. Proposal for a COUNCIL AND COMMISSION DECISION on the conclusion of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States and Ukraine THE COUNCIL OF THE EUROPEAN UNION, THE EUROPEAN COMMISSION, Having regard to the Treaty establishing the European Coal and Steel Community, Having regard to the Treaty establishing the European Community, and in particular Article 54(2), the closing sentence of Article 57(2) and Articles 73c(2), 75, 84(2), 113 and 235 in conjunction with the second sentence of Article 228(2) and the second subparagraph of Article 228(3) thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof, Having regard to the assent of the European Parliament, Having regard to the approval of the Council given in accordance with Article 101 of the Treaty establishing the European Atomic Energy Community, Having consulted the ECSC Consultative Committee and the Economic and Social Committee, and with the unanimous agreement of the Council, Whereas, the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States and Ukraine signed in Luxembourg on 14 June 1994 would contribute to achieving the European Communities' objectives; Whereas that Agreement seeks to strengthen existing links, notably those established by the Agreement on Trade and Commercial and Economic Cooperation between the European Economic Community and the European Atomic Energy Community *and the USSR, signed on 18 December 1989; Whereas some of the obligations provided for in the Agreement in fields other than the arrangements established by Community acts, Community trade policy affect particularly acts relating to the right of establishment and to transport; Whereas the Agreement imposes on the Community certain obligations relating to the movement of capital and payments between the Community and Ukraine; Whereas in the case of certain measures provided for in the Agreement and failing within the Community's powers the EC Treaty provides no basis for action other than Article 235: HAVE DECIDED AS FOLLOWS : Article 1 The protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States and Ukraine introducing the name of the three new Member States - Austria, Finland and Sweden - which joined the European Union on 1. 1. 1995 is hereby approved on behalf of the European Community, the European Coal and Steel Community, and the European Atomic Energy Community. Article 2 The President of the Council shall give the notification provided for in Article 102 of the Agreement on behalf of the European Community. The President of the Commission shall give such notification on behalf of the European Coal and Steel Community and the European Atomic Energy Community. Done at Brussels, <i PROTOCOL to the Agreement on Partnership and Cooperation, establishing a Partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part. THE KINGDOM OF BELGIUM, THE KINGDOM OF DENMARK, THE FEDERAL REPUBLIC OF GERMANY, THE HELLENIC REPUBLIC, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, IRELAND, THE ITALIAN REPUBLIC, THE GRAND DUCHY OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE PORTUGUESE REPUBLIC, THE REPUBLIC OF FINLAND, THE KINGDOM OF SWEDEN, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND Contracting Parties to the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community, hereinafter referred to as the "Member States", and of the European Community, the European Coal and Steel Community and the European Atomic Energy Community, hereinafter referred to as "the Communities", of tht one part anri Ukraine taking info account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and thereby to the Communities on 1. 01. 1995, have agreed as follows : Article 1 The Republic of Austria, the Republic of Finland and the Kingdom of Sweden are Parties to the Agreement on Partnership and Cooperation, establishing a Partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, signed in Luxembourg on 14 June 1994, and respectively adopt and take note of, as other Member States of the Community, the texts of the Agreement, as well as of Joint Declarations, Exchanges of Letters annexed to the Final Act signed on the same date. Article 2 The texts of the mentioned Agreement, the Final Act and all documents annexed to it are drawn up in. the Finnish and Swedish languages. They are annexed to the present protocol •2nd are equally authentic with the texts in the other languages in which the Agreement, ' the Final Act and the documents annexed to it are drawn up. Article 3 This protocol is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Ukrainian laïiguages, each of these texts being equally authentic. Article 4 The protocol will be approved by the Parties in accordance with their own procedures. This protocol shall enter into force on the first day of the second month following the day on which the Parties notify each other of the completion of the procedures referred to in the first paragraph. Done at Brussels on For the KINGDOM OF BELGIUM, For the UKRAINE For the KINGDOM OF DENMARK, For the FEDERAL REPUBLIC OF GERMANY, For the HELLENIC REPUBLIC, For the KINGDOM OF SPAIN, For the FRENCH REPUBLIC, For IRELAND, For the ITALIAN REPUBLIC, For the GRAND DUCHY OF LUXEMBOURG, For the KINGDOM OF THE NETHERLANDS, For the REPUBLIC OF AUSTRIA, For the PORTUGUESE REPUBLIC, For the REPUBLIC OF FINLAND, For the KINGDOM OF SWEDEN, For the UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND For the COMMUNITY * ISSN 0254-1475 COM(96) 133 final DOCUMENTS EN 11 Catalogue number : CB-CO-96-142-EN-C ISBN 92-78-01952-^ Office for Official Publications of the European Communities L-2985 Luxembourg ? | 48 |
Proposal for a COUNCIL AND COMMISSION DECISION on the conclusion of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Moldova | "1996-03-29T00:00:00" | [
"EU relations",
"Moldova",
"accession to the European Union",
"cooperation agreement (EU)",
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] | http://publications.europa.eu/resource/cellar/b8f7a4b7-14f9-44a8-997d-10e5c3a33f58 | eng | [
"pdf"
] | , * ir ; COMMISSION OF THE EUROPEAN COMMUNITIES ir -k I £ A Brussels, 29. 03. 1996 COM(%) 132 final 96/0088 (AVC) Proposal for a COUNCIL AND COMMISSION DECISION on the conclusion of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Moldova (presented by the Commission) Explanatory, memorandum 1. 2. 3. The Partnership and Cooperation Agreement between the European Communities and their Member States and Moldova takes the Agi cement on luulr ami commercial and economic cooperation concluded by the EEC and Euratom with the Soviet Union on 18 December 1989 a step further for the European Communities. This Agreement is based on Articles 54(2), the closing sentence of Article 57(2), Articles 73c(2), 75, 84(2), 113 and 235, in conjunction with the second sentence of Article 228(2) and the second subparagraph of Article 228(3) of the EC Treaty, Article 101 of the Euratom Treaty, and on the ECSC Treaty. A need arose for a protocol to the text of the Agreement signed on 28 November 1994. The accession to the European Union and thereby to the Communities of Austria, Finland and Sweden on 1 January 1995 means these three new Member States have to be added to the list of contracting parties and the list of signatories. <L Proposai for a COUNCIL AND COMMISSION DECISION OF on the conclusion of a Protocol to the Partnership and Cooperation Agreement between Che Kuropcjtit CoittuimitCictt ami ihciv Mvmbvt Si<*i&* and the Republic of Moldova (EC/EURATOM/ECSC) THE COUNCIL OF THE EUROPEAN UNION, THE EUROPEAN COMMISSION, Having regard to the Treaty establishing the European Coal and Steel Community, Having regard to the Treaty establishing the European Community, and in particular Article 54(2), the closing sentence of Article 57(2) and Articles 73c(2), 75, 84(2), 113 and 235 in conjunction with the second sentence of Article 228(2) and the second subparagraph of Article 228(3) thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof, Having regard to the assent of the European Parliament, Having regard to the approval of the Council given in accordance with Article 101 of the Treaty establishing the European Atomic Energy Community, Having consulted the ECSC Consultative Committee and the Economic and Social Committee, and with the unanimous agreement of the Council, Whereas, the conclusion of the Partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Moldova signed in Brussels on 28 November 1994 would contribute to achieving the European Communities' objectives; Whereas that Agreement seeks to strengthen existing links, notably those established by the Agreement on Trade and Commercial and Economic Cooperation between the European Economic Community and the European Atomic Energy Community and the USSR, signed on 18 December 1989; Whereas some of the obligations provided for in the Agreement in fields other than the arrangements established by Community acts, Community trade policy affect particularly acts relating to the right of establishment and to transport; Whereas the Agreement imposes on the Community certain obligations relating to the movement of capital and payments between the Community and the Republic of Moldova; 2> Whereas in the case of certain measures provided for in the Agreement and failing within the Community's powers the EC Treaty provides no basis for action other than Article 235; HAVE DECIDED AS FOLLOWS : Article 1 The protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Moldova introducing the name of the three new Member States - Austria, Finland and Sweden - which joined the European Union on 1. 1. 1995 is hereby approved on behalf of the European Community, the European Coal and Steel Community, and the European Atomic Energy Community. Article 2 The President of the Council shall give the notification provided for in Article 87(a) of the Agreement on behalf of the European Community. The President of the Commission shall give such notification on behalf of the European Coal and Steel Community and thé European Atomic Energy Community. Done at Brussels, <^ PROTOCOL to the Agreement on Partnership and Cooperation, establishing a Partnership between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part. THE KINGDOM OF BELGIUM, THE KINGDOM OF DENMARK, THE FEDERAL REPUBLIC OF GERMANY, THE HELLENIC REPUBLIC, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, IRELAND, THE ITALIAN REPUBLIC, THE GRAND DUCHY OF LUXEMBOURG, THE KINGDOM OF THE NETHERLANDS, THE REPUBLIC OF AUSTRIA, THE PORTUGUESE REPUBLIC, THE REPUBLIC OF FINLAND, THE KINGDOM OF SWEDEN, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND Contracting Parties to the Treaty establishing the European Community, the Treaty establishing the European Coal and Steel Community and the Treaty establishing the European Atomic Energy Community, hereinafter referred to as the "Member States", and of the European Community, the European Coal and Steel Community and the European Atomic Energy Community, hereinafter referred to as "the Communities", of the one part and the Republic of Moldova of the other part, S taking into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and thereby to the Communities on 1. 01. 1995, have agreed as follows : Article 1 The Republic of Austria, the Republic of Finland and the Kingdom of Sweden are Parties to the Agreement on Partnership and Cooperation, establishing a Partnership between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, signed in Brussels on 28 November 1994, and respectively adopt and take note of, as other Member States of the Community, the texts of the Agreement, as well as of Joint Declarations, Exchanges of Letters annexed to the Final Act signed on the same date. Article 2 The texts of the mentioned Agreement, the Final Act and all documents annexed to it are drawn up in the Finnish and Swedish languages. They are annexed to the present protocol and are equally authentic with the texts in the other languages in which the Agreement, the Final Act and the documents annexed to it are drawn up. Article 3 This protocol is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish and Moldovan languages, each of these texts being equally authentic. Article 4 The protocol will be approved by the Parties in accordance with their own procedures. This protocol shall enter into force on the first day of the second month following the day on which the Parties notify each other of the completion of the procedures referred to in the first paragraph. Done at Brussels on For the KINGDOM OF BELGIUM, For the REPUBLIC OF MOLDOVA For the KINGDOM OF DENMARK, For the FEDERAL REPUBLIC OF GERMANY, For the HELLENIC REPUBLIC, For the KINGDOM OF SPAIN, For the FRENCH REPUBLIC, G For IRELAND, For the ITALIAN REPUBLIC, For the GRAND DUCHY OF LUXEMBOURG, For the KINGDOM OF THE NETHERLANDS, For the REPUBLIC OF AUSTRIA, For the PORTUGUESE REPUBLIC, For the REPUBLIC OF FINLAND, For the KINGDOM OF SWEDEN, For the UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND For the COMMUNITY > ISSN 0254-1475 COM(96) 132 final DOCUMENTS EN 11 Catalogue number : CB-CO-96-141-EN-C ISBN 92-78-01941-0 Office for Official Publications of the European Communities L-2985 Luxembourg •3 | 54 |
Amended proposal for a COUNCIL REGULATION (EC) laying down certain conservation and control measures applicable to fishing activities in the Antarctic | "1996-03-28T00:00:00" | [
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] | COMMISSION OF THE bUROPEAN COMMUNITIES Brussels, 28. 03. 1996 COM(96> 117 final 95/0252 (CNS) Amended proposal for a COUNCIL REGULATION (EC) laying down certain conservation and control measures applicable to fishing activities in the Antarctic (presented by the Commission pursuant to Article 189 a (2) of the EC-Treaty) EXPLANATORY MEMORANDUM The proposal for the regulation COM (95) 0475, regarding the fishing activities in the CCAMLR Convention Area was submitted to Council on 17 October 1995. The purpose of this proposal was to revise the conservation measures currently in force, including those adopted at the 1994 Annual Meeting and thereby replace regulation 2245/85, the clarity of which had been affected by numerous annual modifications. In the meantime, the 1995 Annual Meeting of the Commission for the Conservation of the Antarctic Marine Living Resources (CCAMLR) took place in Hobart in the period of 24 October to 3 November 1995. On 7 November 1995, CCAMLR notified Contracting Parties of the conservation measures adopted at this Meeting. Pursuant to Article IX (6) (b) of the Convention these measures have become binding on all Contracting Parties on May 7 1995 These conservation measures are based on the scientific advice submitted by CCAMLR's Scientific Committee and reflect conservation measures adopted by CCAMLR in the past. They involve in particular the fixing of TACs for the species of Euphausia superba, Dissostichus eleginoides, Champsocephalus gunnari, Eleclrona carslbergi, Lepidonotothcn squamifrons and crab. The purpose of this modification is therefore threefold and would consist of factual changes, taking into account the new TACs and fishing seasons established during the 1995 CCAMLR Annual Meeting procedural changes, aiming at the lightening of the administrative procedures on catch and data reporting changes pertaining to the future modifications of this regulation. Given that the changes will be of technical nature, modifying the TACs and fishing seasons, future modifications will be made through a standing committee chaired by the Commission In view of the agreement between the members of CCAMLR and the importance of these conservation measures for the fish stocks concerned, the Community is called upon to apply these measures immediately. { Amended proposal for a CWNCU REGULATION (,EO No OF 1996 laying down certain conservation and control measures applicable to fishing activities in the Antarctic THE COUNCIL OF THE EUROPEAN UNION Having regard to the Treaty establishing the European Community, and in particular Article 43, Having regard to the proposal from the Commission(,) Having regard to the opinion of the European Parliament^, to Article 4 of Council Regulation (EEC) N° 3760/92 of Whereas pursuant 20 December 1992(3), establishing a Community system for fisheries and aquaculture, the Council may determine certain conditions for access by Community fishing vessels to waters and resources; Whereas Council Regulation (EEC) N° 2847/93 of 12 October 1993(4) establishing a control system applicable to the common fisheries policy, applies to all fishing activities and to all associated activities carried out within the territory and within the maritime waters subject to sovereignty or jurisdiction of the Member States, and to all activities of Community fishing vessels which operate in the waters of non-member countries and on the high seas, without prejudice to the special provisions contained in fisheries agreements concluded between the Community and third countries, or in International Conventions to which the Community is a party; Whereas the Convention on the Conservation of Antarctic Marine Living Resources, hereinafter called 'the Convention', was approved by Council decision 8l/691/EEC(5) whereas it entered into force for the Community on 21 May 1982; (i) (2) (3) (4) (5) O. J O. J O. J. NoL 389, 31. 12. 92, p. 1 O. J. No L 261, 20. 10. 93, p. 1 O. J. No L 252, 5. 9. 81, p. 26 Whereas the Commission on the Conservation of Antarctic Marine Living Resources, hereinafter referred to as 'CCAMLR', established by the Convention, adopted on the recommendation of its Scientific Committee, certain conservation measures applicable, in particular, to fish stocks occurring in the waters off South Georgia. Whereas (EEC) Council Regulation 2245/85, of 2 August 1985(6), laying down certain technical measures for the conservation offish stocks in the Antarctic has implemented these conservation measures and has been subject to annual modifications which have affected the clarity of the legislation; Whereas it is therefore necessary to replace Regulation 2245/85 with a new regulation reflecting CCAMLR conservation measures currently in force. Whereas the members of CCAMLR stated that they intended to apply the latest conservation measures, adopted on 4 November 1995, on a provisional basis, without waiting for them to become binding, in view of the fact that some of the conservation measures relate to fishing seasons which commenced on or after 1 July 1995; Whereas the European Community, as a Contracting party to CCAMLR, is bound to ensure that the measures adopted by CCAMLR are applied to Community fishermen with effect from relevant dates; Whereas it is necessary to provide for a mechanism allowing the Commission to implement further conservation measures adopted by CCAMLR according to the procedures of the standing committee on fisheries and aquaculture; Recognising the world importance of the Antarctic as an environmentally sensitive area, largely untouched by human activity; (6) O. J. No L 210, 07. 08. 85, p. 2 HAS ADOPTED THIS REGULATION Scope Article 1 1. 2. 3. This Regulation applies to Community fishing vessels who take and retain on board fish from marine living resources of the area south of 60 South latitude and of the area between that latitude and the Antarctic convergence which forms part of the Antarctic marine ecosystem with the exception of those resources occurring within waters subject to such coastal state jurisdiction as may exist in accordance with international law. This Regulation shall be without prejudice to the provisions of the Convention and shall operate in furtherance of these objectives and principles and the provisions of the Final Act of the Conference at which it was adopted. The Antarctic convergence referred to in paragraph 1 is deemed to be a line joining the following points along parallels of latitude and meridians of longitude: 50°S, O - 50°S, 30°E - 45° S, 30° E - 45° S, 80°E - 55°S, 80°E - 55°S, 150° E - 60°S, 150°E - 60°S, 50°W - 50°S, 50°W - 50°S, 0°. Right to Fish Article 2 1. Only those vessels named in the list mentioned in paragraph 2 shall have the right to carry out fishing or scientific fisheries research activities in the area defined in Article 1. 2. Member States shall notify to the Commission the list of all vessels flying their flag and registered within the Community which wish to carry out fishing or scientific fisheries research activities in the area defined in Article 1, twenty days after this Regulation has entered into force, and afterwards at least thirty days in advance of the beginning of these activities. 3. This list, transmitted to the Commission shall mention, in the case of a vessel carrying out fishing activities, the internal number fleet register in accordance with the Article 1 of the Commission Regulation (CE) n° 109/94 of 19 January 1994(7) concerning the fishing vessel register of the Community. O. J. N °L 19, 22. 01. 94, p. 5 Article 3 A Member State shall notify, four months in advance, the Commission of the intention of their fishermen to prosecute a crab fishery in FAO Antarctic sub-area 48 3 The Commission will then issue a special fishing permit to the vessel, in conformity with Article 7 of EC Regulation 1627/94 of 27 June 1994(8). Prohibition on fishing Article 4 1. Directed fishing of Notothenia rossii in FAO Antarctic sub-area 48. 1 in the Peninsula area, in FAO Antarctic sub-area 48. 2 around the South Orkneys and in FAO Antarctic sub-area 48. 3 around South Georgia is prohibited. 2. Directed fishing of finfish in FAO Antarctic sub-areas 48. 1 and 48. 2 except for scientific research purposes, is prohibited. 3. fishing Directed Pseudochaenichthys georgianus, Lepidonotothen guntheri, in FAO Antarctic sub-area 48. 3 is prohibited until 2 November 1996. aceralus, squamifrons and Patagonotothen gibberifrons, Chaenocephalus of Gobionotothen Catch limitations Article 5 1. The Total Allowable Catch (TAC) of Euphausia superba in any fishing season is fixed at: a) 1. 5 million tonnes in FAO Antarctic area 48 b) 450 000 tonnes in FAO Antarctic division 58. 4. 2 A fishing season is defined as beginning on I July and finishing on 30 June of the following year. 2. The Total Allowable Catch (TAC) of Dissostichus eleginoides is fixed at: a) 4 000 tonnes, in FAO Antarctic sub-area 48. 3 from 1 March to 31 August 1996. b) 28 tonnes in the FAO Antarctic sub-area 48. 4 from 1 March to 31 August 1996 or until the TAC specified in 5 2 (a) is reached. c) 297 tonnes, in FAO Antarctic division 58. 5. 2 from 4 November 1995 to 30 June 1996. (8) O. J. L171, 06. 07. 94, p. 7 3. The Total Allowable Catch (TAC)of Champsocephalus gunnari is fixed at: a) 311 tonnes in FAO Antarctic division 58. 5. 2 from 4 November 1995 to 30 June 1996. tonnes b) 1000 in FAO Antarctic sub-area 48. 3 from 4 November 1995 to 31 March 1996. Directed fishery for Champsocephalus gunnari in FAO Antarctic sub-area 48. 3 and in the Shag Rocks region will be closed, if the by-catch of any species named in paragraph 6. (i) below exceeds the fixed limits. If in the course of the directed fishery for Champsocephalus gunnari, the by-catch of any one haul of any of the species named in paragraph 6(i) below exceeds 5%, the fishing vessel shall move to another fishing location not closer than 5 nautical miles distant. The fishing vessel shall not fish within 5 nautical miles of the location in which the by-catch exceeded 5% for a period of 5 days. 4. The Total Allowable Catch (TAC) of Crab, pamlomis spp. (order Decapoda, suborder Reptantia), is fixed at: 1 600 2 November 1996. tonnes in FAO Antarctic sub-area 48. 3 from 4 November 1995 to 5. The Total Allowable Catch of Electrona carlsbergi is fixed at: 109 000 tonnes in FAO Antarctic sub-area 48. 3 from 4 November 1995 to 2 November 1996, of which a maximum of 14 500 tonnes in the Shag Rocks region, defined as the area bounded by 52° 30' S, 40° W; 52° 30' S, 44° W; 54° 30' S, 40° W and 54° 30' S, 44° W. Directed fishery for Electrona carlsbergi in FAO Antarctic sub-area 48. 3 and in the Shag Rocks region will be closed, if the by-catch of any species named in paragraph 6. (i) below exceeds the fixed limits. If in the course of the directed fishery for Electrona carlsbergi, the by-catch of any one haul of any of the species named in paragraph 6 below exceeds 5%, the fishing vessels shall move to another fishing location not closer than 5 nautical miles distant. The fishing vessel shall not fish within 5 nautical miles of the location in which the by-catch exceeded 5%, for a period of at least five days. 6. (i) the course of fishing In in FAO Antarctic sub-area 48. 3, by-catches of Gobionotothen gibbcrrifrons shall be limited to 1 470 tonnes; by-catches of Chaenocephalus aceratus shall be limited to 2 200 tonnes; and the by-catch of Pseudochaenichthys georgianus, Notothenia rossii and Lepidonotothen squamifrons shall be limited to 300 tonnes each species. (ii) If in fishing the course of a directed for Dissostichus eleginoides or Champsocephalus gunnari FAO Antarctic division 58. 5. 2, the by-catch in any haul of any of the species Lepidonotothen squamifrons, Notothenia rossii, Channichthys rhinoceratus or Bathyrajja spp. exceeds 5%, the fishing vessels shall move to another fishing location not closer than 5 nautical miles distant. The fishing vessel shall not fish within 5 nautical miles of the location in which the by- catch exceeded 5%, for a period of at least five days. 7. 8. 1. 2. 3 4. The Total Allowable Catch (TAC) of Lepidonotothen squamifrons in the two-year period from 5 November 1994 to 2 November 1996 in FAO Antarctic division 58. 4. 4 (Ob and Lena Banks) is fixed at: 715 tonnes on Lena Bank and 435 tonnes on Ob Bank. Catches of any of the above species taken by a Community vessel for scientific fisheries research purposes will be considered as part of the catch limitations in force for each species taken, as described in the above paragraphs. Article 6 The fishery of Dissostichus eleginoides if undertaken by trawling. in Antarctic division 58. 5. 2 is prohibited except For crab fishing as defined in Article 5(4), only crab pots (traps) are authorized. This fishery shall be limited to sexually mature male crabs; all female and undersized male crabs shall be released. In the case of Paralomis spinosissima and P formosa, males with a minimum carapace width of 102 mm and 90 mm respectively, may be retained on board. Crab processed at sea shall be frozen as crab sections (minimum size of crabs can be determined using crab sections). The fishery of Dissostichus eleginoides in FAO Antarctic sub-areas 48 3 and 48. 4 is prohibited except if undertaken by longlines. The fishery of Chamsocephalus gunnari if undertaken by bottom trawls. in FAO Antarctic sub-area 48. 3 is prohibited Control Measures Article 7 Community vessels shall be subject to three different catch and effort reporting systems: 1. 2. 3. For the purposes of the Monthly Catch and Effort Reporting System, the reporting period is defined as a calendar month. For the purposes of the Ten-day Catch and Effort Reporting System, the calendar month is divided into three reporting periods, designated by the letters A, B, C and running form day 1 to day 10, day 11 to day 20, day 21 to the last day of the month respectively. For the purposes of reporting the catches under the Five-day Catch and Effort Reporting System, each calendar month is divided into six reporting periods, designated by the letters A, B, C, D and F and running from day 1 to day 5, day 6 to day 10, day 11 to day 15, day 16 to day 20, day 21 to day 25 and day 26 to the last day of the respective month. 1. The Five-day Catch and Effort Reporting system applies to: Article 8 - the fisheries of Dissostichus eleginoides in FAO Antarctic sub-area 48. 3 and 48. 4 beginning in 1 March 1996; - the fishery of Chamsocephalus gunnari in FAO Antarctic sub-area 48. 3. - the fishery of Lepidonotothen squamifrons in FAO Antarctic division 58 4. 4. 2. The Ten-day Catch and Effort report system referred applies to: - the fishery crab, pamlomis spp. (order Decapoda, suborder reptania) in FAO Antarctic sub-area 48. 3. Data on catches taken between 31 July and 25 August 1996 shall be reported to the Commission by 25 September 1996 - the fisheries of Champsocephalus gunnari and Dissostichus eleginoides and other deep-water species in FAO Antarctic division 58. 5. 2. 3. The Monthly Catch Reporting system applies to: - the fishery for Electrona Carlsbergi in FAO Antarctic sub-area 48. 3. - the fishery of Euphausia superba in FAO Antarctic area 48 and FAO Antarctic division 58. 4. 2. The Catch and Effort Reporting systems shall apply to all species fished for scientific research purposes, whenever the catch within a specific period exceeds 5 tonnes. Article 9 Masters of Community fishing vessels shall submit a catch and effort report to the competent authorities of the flag Member State, at the latest one day after the end of the relevant reporting period. Member States shall notify the Commission at the latest within three days of each reporting period, the catch and effort report transmitted by each fishing vessel flying their flag and registered in the Community Each catch and effort report shall specify the reporting period concerned The Commission shall notify to CCAMLR, at the latest within five days after the end of each reporting period, the catch and effort reports received in accordance with the paragraph 2. Article 10 The Catch and Effort Reporting system shall contain the following information, pertaining to the preceding period: the name, the external identification mark of the vessel in question, the total catches of the species concerned, the total days and hours fished, the retained catch of all species and by-catch species during that reporting period in the case of longline fisheries, the number of hooks. Article 11 Member States shall notify to the Commission the total catches, broken down by vessels, which were made by fishing vessels flying its flag and registered in the Community, in the period between 1 July 1995 and the end of the first month following the month in which the Regulation enters into force. This notification shall be made within 10 days of the end of this period. 2. All vessels fishing for crab (j>aralomis spp. ) in FAO Antarctic sub-area 48 3 arid FAO Antarctic Division 58. 4. 2 shall report the following data to the Commission by 25 August 1996 for crabs caught prior to 31 July 1996. the location, date, depth, the number and spacing of pots and soak time, and catch (number and weight) of commercially sized crabs ( reported on as fine a scale as possible, but no longer than 0. 5° latitude and 1. 0° longitude) for each 10-day period: the species, size and sex of a representative sample of crab sampled according to the procedure set out in Annex 1 (between 35 and 50 crabs shall be sampled every day from the line hauled just prior to noon) and by- catch caught in traps; and other relevant data, as possible, according to the requirements set out in Annex 1. Biological Data Reporting System Article 12 1. 2. 3. Community vessels fishing Dissostichus eleginoides and Electrona carlsbergi opérai;ng in FAO Antarctic sub-area 48. 3 and 48. 4 and vessels fishing in 48. 3 in the 1995/96 fishing season shall notify to the competent authority of the Member State whose flag they fly not later than the 15th of each month, following the month of fishing, an Effort and Biological Data Reporting System report Pursuant to this notification, Member States shall transmit this information to the Commission at the end of each month. The Commission shall immediately transmit these data to CCAMLR. The information contained in the Effort and Biological Data Reporting System report shall include the following: - the haul by-haul data required to complete the CCAMLR fine-scale catch and effort data form for longline fisheries (form C2 latest version for Dissostichus eleginoides and Electrona carlsbergi and form CI for Chamsocephalus gunnari). These data shall include the numbers of seabirds or marine mammals of each species caught and killed. - a representative sample on length composition measurements from the fishery (form B2, latest version). Length measurements of fish should be of total length to the nearest centimetre below and, representative samples of the length composition should be taken from a single fishing ground. In the event that a vessel moves from a fishing ground to another during the course of a month, then separate length compositions be submitted for each fishing ground Article 13 Suspension of Fishing Activities Following notification from CCAMLR to the Commission concerning the exhaustion of the TAC of a stock or a group of stocks fixed in Article 5, or after the expiration of the fishing season set out in Article 5, it shall be prohibited for any Community fishing vessel to fish for that stock or group of stocks, to retain on board, to tranship or to land fish taken after that date. Mesh Sizes Article 14 1. No trawl Danish seine or similar net any part of which is composed of meshes of a size smaller than those laid down in Annex 3, shall be used when engaging in directed fishery for the species or groups of species Notothenia rossii, Dissostichus eleginoides, Gobionotothen gibberifrons, Notothenia kempi, Lepidonotolhcn squamifrons and Champsocephalus gunnari. It is prohibited to use any means or device which would obstruct or diminish the size of the meshes. 2. For the nets referred to in the above paragraph, the minimum mesh size provided for in Annex 3 shall be determined in accordance with the following rules: A. Description of gauges ' (a) The gauges to be used for determining mesh size shall be 2 mm thick, flat, of durable material and capable of retaining their shape. They shall have either a series of parallel-edged sides connected by intermediate tapering edges with a taper of one to eight on each side, or only tapering edges with the taper specified above. They shall have a hole at the narrowest extremity. (b) Each gauge shall be inscribed on its face with the width in millimetres both of the parallel-sided section, if any, and of the tapering section. In the case of the latter, the width shall be inscribed at intervals of 1 mm and shall be indicated at regular intervals. B. Use of the gauge (a) The net shall be stretched in the direction of the long diagonal of the meshes. (b) A gauge as described in point A shall be inserted by its narrowest extremity into the mesh opening in a direction perpendicular to the plane of the net. (c) The gauge, shall be inserted into the mesh opening either manually or using a weight or dynamometer, until it is stopped at the tapering edges by the resistance of the mesh. 10 Selection of meshes to be measured (a) Meshes to be measured shall form a series of 20 consecutive meshes running in the direction of the long axis of the net. (b) Meshes less than 50 cm from lacings, ropes or codline shall not be measured. This distance shall be measured perpendicular to the lacings, ropes or codline with the net stretched in the direction of that measurement. Nor shall any mesh be measured which has been mended or broken or has attachments to the net fixed at that mesh. (c) By way of derogation from (a), the meshes to be measured need not be consecutive if the conditions set out in (b) apply. (d) Nets shall be measured only when wet and unfrozen. D. Measurements of each mesh The size of each mesh shall be the width of the gauge at the point where the gauge is stopped when it is used in accordance with point B E. Determination of the mesh size of the net The mesh size of the net shall be the arithmetical mean, in millimetres, of the measurements of the total number of meshes selected and measured as provided for in points C and D, the arithmetical mean being rounded off to the nearest millimetre The total number of meshes to be measured is specified in point F below. Sequence of inspection procedure (a) The inspector shall measure one series of 20 meshes, selected in accordance with point C above, inserting the gauge manually without using a weight or dynamometer. The mesh size of the net shall then be determined in accordance with point E above If the calculation of the mesh size shows that the mesh size does not appear to comply with the rules in force, two additional series of 20 meshes selected in accordance with point C above shall be measured. The mesh size shall then be recalculated in accordance with point E, taking into account the 60 meshes already measured. Without prejudice to (b) below, this shall be the mesh size of the net. 11 (b) If the master of the vessel contests the mesh size determined in accordance with (a), such measurement shall not be considered for the determination of the mesh size and the net shall be remeasured A weight or dynamometer attached to the gauge shall be used for the purposes of rcmcasurement The choice of weight or dynamometer shall be left to the discretion of the inspector. The weight shall be fixed (using a hook) to the hole in the narrowest extremity of the gauge. The dynamometer may either be fixed to the hole in the narrowest extremity of the gauge or be applied at the widest extremity of the gauge. The accuracy of the weight or dynamometer shall be certified by the appropriate national authority For nets of a mesh size of 35 mm or less as determined in accordance with (a) above, a force of 19. 61 newton (equivalent to a mass of two kilograms) shall be applied and a force of 49. 03 newton (equivalent to a mass of five kilograms), shall be applied for other nets. For the purposes of determining the mesh size in accordance with point E above (when a weight or dynamometer is used), only one series of 20 meshes shall be measured, wherever a weight of dynamometer is used. The measures applicable to reduce the incidental mortality of seabirds during longline fisheries are set out in Annex 4 Notification of a New Fishery Article 15 1 For the purposes of this Article a new fishery is a fishery on a species using a particular fishing method in a FAO Antarctic sub-area, except for FAO Antarctic sub-areas 58. 6, 58. 7 and FAO Antarctic division 58. 5. 1, for which: (a) (b) (c) information on distribution abundance, demography, potential yield and stock identity from comprehensive research/surveys or exploratory fishing have not been submitted to CCAMLR; or catch and effort data have never been submitted to CCAMLR; or catch and effort data from the two most recent seasons in which fishing occurred have not been submitted to CCAMLR The exercise of a new fishery in the CCAMLR Convention Area shall be prohibited unless authorised in accordance with paragraph 6. Any operator of a community vessel who intends to develop a new fishery in the CCAMLR Convention Area shall inform the competent authorities of the Member State whose flag the vessel flies of that intention and shall submit to those authorities the information defined in paragraph 4 to the best of his ability. 2 3 12 4. A Member State who has been informed of the intention to develop a new fishery in CCAMLR Convention Area shall notify the Commission without delay and not later than 4 months in advance of the Annual Meeting of CCAMLR. The notification shall be accompanied by as much of the following information as the Member State is able to provide: (a) (b) (c) (d) the nature of the proposed fishery including target species, methods of fishing, proposed region and any minimum level of catches that would be required to develop a viable fishery; biological information from comprehensive research/survey cruises, such as distribution, abundance, demographic data and information on stock identity; details of dependent and associated species and the likelihood of them being affected by the proposed fishery; information from other fisheries in the region or similar fisheries elsewhere that may assist in the valuation of potential yield. 5. The Commission shall forward to CCAMLR for consideration the information provided in accordance with paragraph 4, together with any other relevant information it has at its disposal. 6. As soon as CCAMLR has taken a decision, the new fishery shall be authorised by the Commission. Exploratory Fisheries Article 16 An exploratory fishery is defined as a fishery that was previously classified as a new fishery, as defined in Article 15. An exploratory fishery shall continue to be classified as such until sufficient information is available: (a) (b) (c) to evaluate the distribution, abundance and demography of the targeted species, leading to an estimate of the fishery's potential yield, to review the fishery's potential impacts on dependent and related species, and to allow CCAMLR's Scientific Committee to formulate and provide advice on appropriate harvest catch levels, as well as effort levels and fishing gear where appropriate. The information to be submitted for an exploratory fishery is set out in Annex 5. 13 Article 17 Application of Conservation Measures to Scientific Fisheries Research Activities 1 Member states whose vessels intend to conduct scientific fisheries research when the estimated catch is expected to be less than 50 tonnes, shall submit directly to CCAMLR with a copy to the Commission the following data: - name and external identification mark of vessel - division and subarea in which research is to be carried out - estimated dates of entering and leaving CCAMLR Convention Area - purpose of research - fishing equipment likely to be used 2. Community vessels referred to in paragraph 1 shall be exempted from conservation measures relating to mesh size regulations, prohibition of types of gear, closed areas, fishing seasons and size limits, and reporting system requirements other than those specified in Article 5 (8) and Article 8 (4). 3. Member States whose vessels intend to conduct scientific fisheries research where the estimated total catch is expected to be more than 50 tonnes, shall submit to CCAMLR for review, with copy to the Commission, and at least six months in advance of the planned starting date for research, the research plans using the form provided by CCAMLR. Until the review process is completed by CCAMLR and its decision notified, the planned fishing for research purposes shall not proceed 4 Member States should report catch and effort data resulting from any scientific fisheries research subject to these provisions to CCAMLR, with a copy to the Commission, according to the haul-by-haul reporting format for research vessels (form C4). A summary of the results shall be provided by the Member State to CCAMLR, with a copy to the Commission, within 180 days of the completion of the research. A full report of the results of the research shall be provided to CCAMLR, with a copy to the Commission within twelve months. Article 18 Annex 2 fixes the rules for the Experimental Harvest Regime for the Crab Fishery in FAO Antarctic sub-area 48. 3 for the seasons 1995-96 to 1997-98, and the authorised fishing areas. 14 Article 19 Community fishing vessels shall have at least one CCAMLR designated scientific observer on board when the said vessels are engaged in a fishery for: Lepidonotothen 5 November 1995 to 2 November 1996. squamifrons, in FAO Antarctic sub-area 58. 4. 4 from Dissostichus eleginoides 31 August 1996. in FAO sub-area 48. 3 and 48. 4 from 1 March to Champsocephalus gunnari in FAO sub-area 48. 3 from 4 November 1995 to 31 March 1996. Any vessel intending to participate in the fishery is required to undertake a scientific survey carried out in accordance with the survey design The Member State concerned shall transmit a list of proposed trawl survey stations to CCAMLR with a copy to the Commission at least one month before the start of the survey. Article 20 Provisions relating to the reduction in use of plastic Packaging Bands The use by fishing vessels of plastic packaging bands to secure bait boxes shall be prohibited in the 1996/1997 season. The use of packaging bands for other purposes on fishing vessels which do not use on-board incinerators shall be prohibited in the 1996/1997 season. Article 21 The changes of this Regulation necessary to implement the recommendations adopted by CCAMLR shall be made by the Commission according to the procedure laid down in Article 18 of Council Regulation 3760/92. Regulation (EEC) No 2245/85 is formally repealed. Article 22 15 Article 23 This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, For the Council The President 16 ANNEX 1 DATA REQUIREMENTS ON THE EXPLORATORY CRAB FISHERY IN FAO ANTARCTIC SUB-AREA 48. 3 Catch and Effort Data: Cruise Descriptions cruise code, vessel code, permit number, year, Pot Descriptions diagrams and other information, including pot shape, dimensions, mesh size, funnel position, aperture and orientation, number of chambers, presence of an escape port Effort Descriptions date, time, latitude and longitude of start of the set, compass bearing of the set, total number of pots set, spacing of pots on the line, number of pots lost, depth, soak time, bait type. Catch Descriptions retained catch in numbers and weight, by catch of all species (see Table 1), incremental record number for linking with sample information. Table 1 Species Data requirements Dissostichus eleginoides Notothenia rossii Other species Biological Data: Numbers and estimated total weight Numbers and estimated total weight Estimated total weight For these data, crabs are to be sampled from the line hauled just prior to noon, by collecting the entire contents of a number of pots spaced at intervals along the line so that between 35 and 50 specimens are represented in the subsample. Cruise Descriptions cruise code, vessel code, permit number. Sample Description date, position at start of the set, compass of the set, line number. Data species, sex, length of at least 35 individuals, presence/absence of rhizocephalan parasites, record of the destination of the crab (kept, discarded, destroyed), record of the pot number from which the crab comes. 17. ANNEX 2 Experimental Harvest Regime for the Crab Fishery in FAO Antarctic Sub-area 48. 3 for the 1995/96 season The following measures apply to all crab fishing within Statistical Subarea 48 3 for the 1995/96 fishing season. Every vessel participating in the crab fishery in Subarea 48. 3 shall conduct fishing operations in accordance with an experimental fishing regime as outlined below: 1. 2 The experimental regime shall consist of three phases. Each vessel participating in the fishery shall complete all three phases. Phase 1 shall be conducted during the first season that a vessel participates in the experimental regime. Phases 2 and 3 shall be completed in the next season of fishing. Vessels shall conduct Phase I of the experimental regime at the start of their first season of participation in the experimental regime For the purposes of Phase I, the following conditions shall apply: (i) (ii) Phase 1 shall be defined as a vessel's first 200 000 pot hours of effort at the start of its first fishing season. Every vessel conducting Phase I shall expend its first 200 000 pot hours of effort within a total area delineated by twelve 0. 5° latitude by 1° longitude blocks. For each string, pot hours shall be calculated by taking the total number of pots on the string and multiplying by the soak time (in hours) for that string. Soak time shall be defined for each string as the time between start of setting and start of hauling (iii) Vessels shall not fish outside the area delineated by the twelve 0 5° latitude by 1° longitude blocks prior to completing Phase 1 (iv) During Phase 1, vessels shall not expend more than 30 000 pot hours in any single 0. 5° latitude by 1° longitude block. (v) If a vessel returns to port before it has expended 200 000 pot hours in Phase 1, the balance of remaining pot hours shall be expended before the vessel can consider Phase 1 to be completed. (vi) After completing 200 000 pot hours of experimental fishing, vessels shall consider Phase 1 to be completed and commence fishing in a normal fashion. 3 Normal fishing operations shall be conducted in accordance with the regulations set out in Articles 3 and 5(4), 6(2) and 8(2) 4. For the purposes of implementing normal fishing operations after Phase I of the experimental regimen, the Ten-day catch and effort reporting system set out in 7(2) shall apply. 5. Vessels shall conduct Phase 2 of the experimental regime at the start of their second season of participation in the experimental regime. For the purposes of Phase 2, the following conditions shall apply: (i) (ii) Every vessel conducting Phase 2 shall fish in three small squares measuring approximately 26 square nautical miles in area (the dimensions of these squares shall be 6 0' latitude by 7. 5' longitude). These squares shall be subdivisions of the blocks delineated in Phase 1 of the experimental regime. The captains of vessels shall determine the location of the 3 squares that will be fished, but selected squares may not be contiguous and the distance between the boundaries of any 2 squares must be at least 4 nautical miles. (iii) Vessels shall fish continuously in emergencies or foul weather (except conditions) within a single square until the average catch per pot has been reduced to 25 percent or less of its initial value and then continue fishing for an additional 7 500 pot hours. No more than 50 000 total pot hours shall be expended each square. For the purposes of Phase 2, the initial catch rate for a particular square shall be defined as the average catch per pot calculated from the first five sets made in that square. Soak times for these initial sets shall be at least 24 hours. (iv) Vessels shall finish fishing in one square before starting operations in another square. (v) Vessels shall attempt to distribute effort throughout the entire square and not fish the gear in the same location on every set, the distance between the boundaries of any two squares being at least 4 nautical miles. (vi) After completing fishing operations in the third square, fishing vessels shall consider Phase 2 to be completed and commence fishing in a normal fashion. >. For the purposes of implementing normal fishing operations after Phase 2 of the experimental regime, the Ten-day Catch and Effort Reporting system shall apply. 1. Vessels shall conduct Phase 3 of the experimental regime at the end of their second season of participation in the experimental regime. For the purposes of Phase 3, the following conditions shall apply: (i) A vessel shall begin conducting Phase 3 of regime approximately one week prior to the conclusion of KS second fishing season A leaves the fishery vessel's fishing season shall be concluded voluntarily or if the fishery is closed because the TAC has been attained. the experimental if the vessel 19 (ii) If a Master of Community vessel voluntarily concludes fishing operations, the vessel shall begin implementing Phase 3 approximately one week prior to the conclusion of its fishing operations. (iii) CCAMLR will notify (according to the guidelines set out in Ten-day Catch and Effort Reporting system) all Contracting Parties that are conducting operations in their second experimental fishing season to begin Phase 3 when approximately one week remains before the TAC is attained and the fishery is closed. (iv) To conduct Phase 3, every vessel shall return to the three squares it depleted during Phase 2 of the experimental regime and expend between 10 000 and 15 000 pot hours of effort in each square. 8. To facilitate analysis of data collected during Phases 2 and 3, vessels shall report the coordinates defining the boundaries of the square where fishing occurred, date, number and spacing of pots and soak time, and catch (numbers and weight) for each haul. 9. Data collected during the experimental harvest regime up to the 30 June in any split year shall be submitted to CCAMLR by 31 August of the following split-year, a split year being defined as the period from 1 July to 30 June of the following year. 10. Vessels that complete all three phases of the experimental regime shall not be required to conduct experimental fishing in future seasons However, these vessels shall abide by the guidelines set forth in Articles 3, "5(4), 6 (2) and 8 (2). 11. Fishing vessels shall participate in the experiment independently (e. g. vessels may not cooperate to complete phases of the experiment). 12. Crabs captured during the experimental regime shall be considered part of the prevailing TAC for the current fishing season [e. g. for 1995/96, experimental catches shall be considered part of the 1 600 tonnes TAC outlined in Article 5 (4)]. 13. The experimental regime shall be instituted for a period of three split-years (1995/96 to 1997/98), and the details of the regime may be revised by the Commission during this period of time. Fishing vessels that begin experimental fishing in the 1996/97 split-year must complete the regime during 1998/1999 split-year, a split year being defined as the period from 1 July to 30 June of the following year. 20 ANNEX 3 Minimum mesh size provided for in Article 14 Species Type of net Notothenia rossii Dissostichus eleginoides Gobionotothen gibberifrons Notothenia kempi Lepidonotothen squamifrons Champsocephalus gunnari Trawls, Danish seines and similar nets Trawls, Danish seines and similar nets Trawls, Danish seines and similar nets Trawls, Danish seines and similar nets Trawls, Danish seines and similar nets Minimum mesh size 120 mm 120 mm 80 mm 80 mm 80 mm Trawls, Danish seines and similar nets 90 mm 21 ANNEX 4 Measures to Reduce the Incidental Mortality of Seabirds during Longline Fishing in the CCAMLR Convention Area, except for FAO Antarctic sub-areas 58. 6, 58. 7 and FAO Antarctic division 58. 5. 1: Fishing operations shall be conducted in such a way that the baited hooks sink as soon as possible after they are put in the water. Only thawed bait shall be used. Longlines shall be set at night only (between the times of nautical twilight). During longline fishing at night, only the minimum ship's lights necessary for safety shall be used. The dumping of offal should be avoided while longlines are being set or hauled; if discharge of offal is unavoidable, this discharge shall take place as far as possible and/or on the opposite side of the vessel from the area of the vessel where longlines are set or hauled. Every effort should be made to ensure that birds captured alive during longlining are released alive and that wherever possible hooks are removed without jeopardising the life of the bird concerned. A streamer line designed to discourage birds from settling on baits during deployment of longlines shall be towed. Specification of the streamer line and its method of deployment is given in the Appendix to this measure. Details of the construction relating to the member and placement of swivels may be varied so long as the effective sea surface covered by the streamer is no less than that covered by the currently specified design. Details of the device dragged in the water in order to create tension in the line may also be varied. The use of net monitor cables on harvesting vessels in the CCAMLR Convention Area is prohibited from the 1994/1995 fishing season. Data on the numbers of sea-birds of each species killed or injured in incidents involving the net monitor cable in the directed fishery of Lepidonotothen squamifrons in FAO Antarctic sub-area 58. 4. 4 for the 1995-96 season shall also be reported. Other variation in the design of streamer lines may be tested on vessels carrying two the CCAMLR scheme of observers at least one appointed International Scientific Observation. in accordance with Appendix attached. 22 Appendix to ANNEX 4 The streamer line is to be suspended at the stern from a point approximately 4 5 m above the water and such that the line is directly above the point where the baits hit the water. The streamer line is to be approximately 3 mm diameter, have a minimum length of 150 m and have a device at the end to create tension so that the main line streams directly behind the ship even in cross winds. At 5 m intervals commencing from the point of attachment to the ship five branch streamers each comprising two strands of approximately 3 mm diameter cord should be attached. The length of the streamer should range between approximately 3. 5 m nearest the ship to approximately 1. 25 m for the fifth streamer When the streamer line is deployed the branch streamers should reach the sea surface and periodically dip into it as the ship heaves Swivels should be placed in the streamer line at the towing point, before and after the point of attachment of each branch streamer and immediately before any weight placed on the end of the streamer line Each branch streamer should also have a swivel at its attachment to the streamer line ",nf. prti'H (if}>• m O l t i 'i , !' 23 Information to be submitted for an Exploratory Fishery: ANNEX 5 1. (i) To ensure that adequate information is made available to CCAMLR's Scientific Committee for evaluation, during the period when a fishery is classified as exploratory. the Scientific Committee will develop and (update annually as appropriate) a Data Collection Plan, which will identify the data needed and describe the actions necessary to obtain the relevant data from the exploratory fishery (ii) each Member State active in the fishery shall annually by the (specified date) submit to CCAMLR the data specified by the Data Collection Plan developed by the Scientific Committee; (iii) each Member State active in the fishery or intending to authorize a vessel to enter the fishery shall annually prepare and submit to CCAMLR by a specified date a Research and Fishery Operations Plan for review by the Scientific Committee and the Commission. (iv) prior to any Member State authorising its vessels to enter an exploratory fishery that is already in progress, that Member shall notify the Commission not less than three months in advance of the next regular meeting of the Commission and the Member shall not enter the exploratory fishery until the conclusion of that meeting. (v) if the data specified in the Data Collection Plan have not been submitted to CCAMLR for the most recent season in which fishing occurred, continued exploratory fishing by the Member State which failed to report its data shall be prohibited until the relevant data have been submitted to CCAMLR and the Scientific Committee has been allowed an opportunity to review the data; (vi) fishing capacity and effort shall be limited by a precautionary catch limit at a level not substantially above the necessary to obtain the information specified in the Data Collection Plan and required to make the evaluations outlined in paragraph l(ii) (vii) the name, type, size, registration number and radio call sign of each vessel participating in the exploratory fishery shall be registered with the CCAMLR Secretariat at least three months in advance of starting each fishing season; and (viii) each vessel participating in the exploratory fishery shall carry a scientific observer to ensure that the data is collected in accordance with the agreed Data Collection Plan and to assist in collecting biological and other relevant data. 24 The Data Collection Plan to be formulated and updated by the Scientific Committee shall include, where appropriate: (i) (ii) the catch effort and related biological, ecological and a description of environmental data required to undertake the evaluations described in Article 16 and the date by which the agreed data is to be annually reported to CCAMLR; a plan for directing fishing effort during the exploratory phase to permit the acquisition of relevant data to evaluate the fishery potential and the ecological relationships among harvested, dependent, and related populations and the likelihood of adverse impacts; and (iii) an evaluation of the time-scales involved in determining the responses of harvested, dependent and related populations to fishing activities. Research and Fisheries Operations Plan to be prepared by Member States' participating or intending to participate in the exploratory fishery shall include as much of the following information as the Member is able to provide: (i) (ii) (iii) (iv) (v) a description of how the Member States' activities will comply with the Data Collection Plan developed by the Scientific Committee; the nature of the exploratory fishery, including target species, methods of fishing, proposed region and maximum catch levels proposed for the forthcoming season; biological information from comprehensive research/survey cruises, such as distribution, abundance, demographic data, and information on stock identity; details of dependent and related species and the likelihood of them being affected by the proposed fishery; and information from other fisheries in the region or similar fisheries elsewhere that may assist in the evaluation of potential yield. 25 ISSN 0254-1475 COM(96) 117 final DOCUMENTS EN 03 11 Catalogue number : CB-CO-96-128-EN-C ISBN 92-78-01798-1 Office for Official Publications of the European Communities L-2985 Luxembourg X | 73 |
Proposal for a COUNCIL DIRECTIVE amending Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions | "1996-03-27T00:00:00" | [
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"gender equality",
"job access",
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] | COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 27. 03. 1996 COM(96) 93 final 96/0095 (CNS) Proposal for a COUNCIL DIRECTIVE amending Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (presented by the Commission) EXPLANATORY MEMORANDUM 1. Introduction On 17 October, 1995, the European Court of Justice delivered its judgment in Case C-450/93, (Eckhard Kalanke v Freie Hansestadt Bremen), which has given rise to a great deal of controversy throughout Europe. This controversy was caused by the uncertainty created by the judgment concerning the legitimacy of quotas and other forms of positive action aimed at increasing the numbers of women in certain sectors or levels of employment. Equal treatment between men and women at work constitutes a fundamental right, as has been acknowledged by the European Court of Justice in its judgment in Case 149/77, Defrenne III. The Commission considers that, at a time when equality of opportunity for women has been recognized at the highest level (Essen, Cannes and Madrid European Councils) to be a task of paramount importance - together with the fight against unemployment - it is crucial to reaffirm the need to use, where appropriate, "positive action" measures to promote equal opportunities for women and men, in particular by removing existing factors of inequality which affect women's opportunities in the employment area. The Commission has always adopted a very favourable attitude towards positive action. In 1984, it put forward a proposal for a recommendation on the promotion of positive action(1) which was adopted by the Council. In the Kalanke case, the issue was whether a German law on positive action was compatible with Directive 76/207/EEC(2) or whether it exceeded the exception for positive action laid down therein. The law of the Land of Bremen on equal opportunities in the public sector provides that, as regards both recruitment and promotion in sectors where women are under-represented, namely if they do not represent 50% of the personnel in the different grades of the category concerned, a woman having the same qualifications as a male applicant must be given preference over him. The Court had to decide whether it was lawful to give women preference over male candidates in the event of a promotion in sectors where they were under-represented provided that their qualifications were the same. The Commission, in its Communication of. has made clear its interpretation of this judgment, as well as its own appreciation of positive action. In its judgment, the European Court of Justice makes it clear, amongst other points, that "national rules which guarantee women absolute and unconditional priority for appointment or promotion go beyond promoting equal opportunities and overstep the limits of the exception in Article 2(4) of the Directive". (i) (2) Council Recommendation 84/635/EEC of 13 December 1984 on the promotion of positive action for women (OJ No L 331, 19. 12. 1984, p. 34). Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ No L 39, 14. 2. 1976, p. 40). The Commission considers that the Court has only condemned the special feature of tht Bremen law which consists in the automaticity of the measure, giving women absolute and unconditional right to appointment or promotion. Therefore, the Commission takes the position that the only type of quota system which is unlawful is one which is completely rigid and does not leave any possibility of taking account of individual circumstances Member States and employers are thus free to have recourse to all other forms of positive actions, including flexible quotas. The Commission is anxious that the controversy to which the Kalanke case has given rise should be ended definitively. Therefore, notwithstanding the limited nature of the impaa of this judgment as properly construed, the Commission believes that it is necessary to amend the wording of Article 2(4) of Directive 76/207/EEC so that the text of the provision specifically permits the kinds of positive action which remain untouched by Kalanke. Thus, all kinds of positive action will be permitted, provided they allow for the assessment of the particular circumstances of the individual case. The amendment is of an interpretative nature. II. Comments on the Articles Article 1 The text reflects the interpretation of the Kalanke judgment by the Commission according to which a wide range of action (see Communication on the Kalanke judgment) to promote access to employment and promotion of members of the under-represented sex continues to be legal. "Positive action" measures have to leave the possibility for the employer to assess particular factors that justify the choice of a person who does not belong to the under-represented sex. The wording takes account of the fact that equality policy is a policy to promote equal opportunities for men and women. Articles 2 and 3 These Articles contain the usual provisions for transposai into the national law of the Member States. III. Justification for the proposal with regard to the principle of subsidiarity The proposal for an amendment of Directive 76/207/EEC complies with the principle of subsidiarity as regards its two criteria, namely necessity and proportionality as laid down in Article 3b of the Maastricht Treaty. The first criterion, namely the necessity to undertake Community action, is satisfied in that action is required in order to avoid possible confusion on the part of national and Community authorities at all levels that are called upon to apply Community law and particularly Article 2(4) of the existing Directive 76/207/EEC. The Kalanke judgment has given rise to diverging interpretations that threaten the effectiveness of positive action in favour of the under-represented sex. As it is generally recognized that equal access to employment is one of the most important conditions for the implementation of the principle of equal treatment which is one of the fundamental rights forming part of the general principles of Community law*3*, the amendment will help to enable the implementation of the Directive in a consistent and uniform manner. As for the second criterion, the proposed Directive corresponds to the requirement of proportionality in so far as the amendment is only of a declaratory nature and does not alter the scope of the Directive. Consultation process The Commission has consulted the social partners on the Communication on the Kalanke case. This proposal for an amendment of Directive 76/207/EEC reflects the interpretation given in the Communication and transforms the contents of the Communication into a legally-binding document. Application in the EEA States Directive 76/207/EEC is part of the acquis communautaire of the Agreement on the European Economic Area that entered into force with effect from 1 January 1994. Directive 76/207/EEC features in the list of the instruments of secondary legislation agreed by the EEA States (Annex XVIII, point 18). (3) See inter alia Case C-149/77 (Defrenne III, judgment of 15 June 1978). 4 Proposal for a COUNCIL DIRECTIVE amending Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament0*, Having regard to the opinion of the Economic and Social Committee<2), Whereas Article 2(4) of Council Directive 76/207/EEC(3) states that "this Directive shall be without prejudice to measures to promote equal opportunity for men and women, in particular by removing existing inequalities which affect women's opportunities in the areas referred to in Article 1(1)"; Whereas the Member States have undertaken various forms of positive action in order to achieve the implementation of the principle of equal treatment for men and women in respect of access to employment and vocational training and promotion, as well as in respect of working conditions; Whereas in the light of the case law of the Court of Justice of the European Communities, notably in its judgment of 17 October 1995 in Case C-450/93 (Kalanke v Freie Hansestadt Brernen(4>) concerning Article 2(4) of Directive 76/207/EEC, positive action measures may favour the access of the under-represented sex to employment, appointment and promotion to particular posts, including the giving of preference to the under-represented sex, provided that any system providing for such preference allows account to be taken of the particular circumstances in a given case; Whereas it is appropriate to clarify Article 2(4) of Directive 76/207/EEC in a manner consistent with the case law; Whereas positive action measures should be capable of benefiting members of whichever sex is under-represented in a given sector or level of employment; Whereas the Treaty provides no powers other than those in Article 235 for the adoption of this Directive, (i) (2) (3) (4) O J N o L 3 9, 14. 2. 1976, p. 40. [1995] ECR 1-3051. HAS ADOPTED THIS DIRECTIVE: Article 1 Article 2(4) of Directive 76/207/EEC is replaced by the following: " 4. This Directive shall be without prejudice to measures to promote equal opportunity for men and women, in particular by removing existing inequalities which affect the opportunities of the under-represented sex in the areas referred to in Article 1(1). Possible measures shall include the giving of preference, as regards access to employment or promotion, to a member of the under-represented sex, provided that such measures do not preclude the assessment of the particular circumstances of an individual case. " Article 2 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 December 1998 at the latest or will ensure by that date at the latest that management and labour have introduced the necessary measures by agreement, the Member States being required to take any necessary measure enabling them at any time to be in a position to guarantee the results imposed by this Directive. They shall immediately inform the Commission thereof. When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States. Article 3 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities. This Directive is addressed to the Member States. Article 4 Done at Brussels, For the Council The President IMPACT ASSESSMENT FORM IMPACT OF THE PROPOSAL ON BUSINESS, WITH SPECIAL REFERENCE TO SMALL AND MEDIUM-SIZED ENTERPRISES Taking account of the principle of subsidiarity, why is Community legislation necessary in this area and what are its main aims? The objective is to clarify an act of secondary legislation (Directive 76/207EEC) as interpreted by the Court of Justice. A proposal for an amended Directive is the only way to do this. Who will be affected by the proposal? As the amendment has a clarifying character only, employers are no more affected than they already are by Directive 76/207/EEC. What will businesses have to do to comply with the proposal? In so far as businesses have plans for preferential access of the under-represented sex, they have to provide for a clause that allows for the assessment of the individual case. ISSN 0254-1475 COM(96) 93 final DOCUMENTS EN 04 Catalogue number : CB-CO-96-152-EN-C ISBN 92-78-02458-9 Office for Official Publications of the European Communities L-2985 Luxembourg | 108 |
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