Conclusies van de Raad Justitie en Binnenlandse Zaken (en)
COUNCIL OF THE EUROPEAN UNION
PROVISIONAL VERSION
PRESSE 94
PRESS RELEASE
3151st Council meeting
Justice and Home Affairs
Brussels, 8 March 2012
President Mr Morten B0dskov,
Minister for Justice of Denmark
PROVISIONAL VERSION
8.111.2012
Main results of the Council
The Council started with the Mixed Committee (the EUplus Norway, Iceland, Liechtenstein and Switzerland). Ministers held a political and strategic discussion and finalised conclusions regarding the strengthening of Schengen governance. The conclusions were adopted later in the Council session. The discussions on Schengen governance were partly be based on a presidency paper, notably on co-operation with third countries on effective external border control and major sporting events.
Other issues discussed in the committee include:
the situation in Greece in relation to Schengen;
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-illegal immigration, on the basis of information from the Commission and the European external borders management agency (Frontex);
the state of play of the Schengen Information System (SIS);
information provided by the presidency on the EU conference on innovation border management, held in Copenhagen on 2 and 3 February
The Council then adopted - apart from the conclusions on Schengen governance - conclusions on a common framework for solidarity towards member states facing particular pressures on their asylum systems, including through mixed migration flows. Ministers also discussed the latest developments in relation to the implementation of Greece's national action plan to reform its migration and asylum systems in addition to a discussion border management issues.
The Council looked finally, in a public session, at the state of play regarding the various legislative proposals to improve the Common European Asylum System (CEAS).
The topic for the lunch discussion was "A multidisciplinary and administrative approach to combating organised crime". The director of Europol participated in this discussion.
Important items adopted without discussion (A items) include a decision which establishes common EU resettlement priorities for 2013 and new rules on EU funding for resettlement activities carried out by member states as well as a regulation laying down rules on export authorisation for firearms for the purpose of implementing article 10 of the United Nations protocol against the illicit manufacturing of and trafficking in firearms. The Council also adopted its position at first reading on a draft directive establishing a single European railway area.
PROVISIONAL VERSION 8.III.2012
CONTTS1
PARTICIPANTS................................................................................................................................5
ITEMS DEBATED
Schengen governance - Conclusions....................................................................................................7
Solidarity in situations of particular pressures on asylum systems - Conclusions...............................7
Greek national action plan on asylum and migration..........................................................................8
Common European Asylum System (CEAS)......................................................................................9
Mixed Committee..............................................................................................................................10
Schengen governance.........................................................................................................................10
The situation in Greece in relation to Schengen................................................................................10
Illegal migration.................................................................................................................................11
Innovation Border Management........................................................................................................11
SIS II..................................................................................................................................................12
OTHER ITEMS APPROVED
JUSTICE AND HOME AFFAIRS
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-EU resettlement priorities for 2013 and new rules on EU funding........................................................................13
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-Europol: Extension of the term of office of the Director.......................................................................................13
CEPOL Work Programme 2012............................................................................................................................13
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-Official Journal of the European Union.................................................................................................................13
TRADE POLICY
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-Exports of firearms - Implementation of United Nations protocol........................................................................14
1 • Where declarations, conclusions or resolutions have been formally adopted by the Council, this is indicated in the heading for the item concerned and the text is placed between quotation marks
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•Documents for which references are given in the text are available on the Council's Internet site (http://www.consilium.europa.eu)
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•Acts adopted with statements for the Council minutes which may be released to the public are indicated by an asterisk; these statements are available on the Council's Internet site or may be obtained from the Press Office
PROVISIONAL VERSION 8.111.2012
FOREIGN AFFAIRS
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-Cote d'lvoiie - restrictive measures.......................................................................................................................14
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-EU-Morocco: participation in EU programmes and reciprocal trade liberalisation..............................................14
FOOD LAW
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-New EU rules on fruit juices and similar products*..............................................................................................15
TRANSPORT
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-First-reading position on single European railway area directive..........................................................................15
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-Cooperation agreement with the International Civil Aviation Organisation *......................................................16
AGRICULTURE
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-Council conclusions on a Court of auditors report - Adaptation of fishing fleets.................................................16
CUSTOMS UNION
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-Norway and Switzerland - EU imports from developing countries.......................................................................16
INTERNAL MARKET
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-Textiles - Polypropylene/poly amide bicomponent................................................................................................17
SPORT
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-World Anti-Doping Code......................................................................................................................................17
TRANSPARCY
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-Public access to documents...................................................................................................................................18
EU Publications Office: organisation and operation.............................................................................................18
PROVISIONAL VERSION
8.111.2012
PARTICIPANTS
Belgium:
Ms Maggie DE BLOCK
Bulgaria:
Mr Tsvetan TSVETANOV
Czech Republic:
Mr Jan KUBICE
Mr Jaroslav HRUSKA
Denmark:
Mr Morten B0DSKOV
Ms Anne Kristine AXELSSON
Germany:
Mr Hans-Peter FRIEDRICH Estonia:
Mr Ken-Marti VAHER Ireland:
Mr Alan SHATTER Greece:
Mr Theodoras SOTIROPOULOS Spain:
Mr Jorge FERNANDEZ DIAZ France:
Mr Philippe ETINE Italy:
Mr Carlo DE STEFANO Cyprus:
Mr Neoklis SYLIKIOTIS Mr Loukas LOUCA
Latvia:
MrRihards KOZLOVSKIS Lithuania:
Mr Raimundas PALAITIS
Luxembourg:
Mr Nicolas SCHMIT
Hungary:
Mr Karoly KONTRAT Malta:
Mr Carmelo MIFSUD BONNICI
Netherlands:
Mr Gerd LEERS Mr Fred TEEV
Austria:
Ms Johanna MIKL-LEITNER Poland:
Mr Piotr STACHANCZYK
Portugal:
Mr Juvenal PEDA
Romania:
Mr Gabriel BERCA
State Secretary for Migration and Asylum Policy and Social Integration
Deputy Prime Minister and Minister for the Interior
Minister for the Interior Deputy Minister for the Interior
Minister for Justice
Permanent Secretary, Ministry of Justice
Federal Minister for the Interior
Minister for the Interior
Minister for Justice and Equality, Defense
Permanent Representative
Minister for the Interior
Permanent Representative
State Secretary for the Interior
Minister for the Interior
Minister for Justice and Public Order
Minister for the Interior
Minister for the Interior
Minister for Labour, Employment and Immigration
Parliamentary State Secretary, Ministry of the Interior
Minister for Home and Parliamentary Affairs
Minister for Immigration, Integration and Asylum State Secretary for Security and Justice
Federal Minister for the Interior
Deputy State Secretary, Ministry of the Interior and Administration
Deputy State Secretary at the Ministry of the Interior Minister for the Interior
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Slovenia:
Mr Vinko GORAK
Slovakia:
Mr Daniel LIPSIC
Finland:
Ms Paivi RASAN Sweden:
Mr Tobias BILLSTRÖM Mr Magnus G. GRANER
United Kingdom:
Ms Theresa MAY
Minister for the Interior
Minister for the Interior
Minister for the Interior
Minister for Migration
State Secretary, Ministry of Justice
Secretary of State for the Home Department and Minister for Women and Equalities
Commission:
Ms Cecilia MALMSTRÖM Member The Government of the Acceding State was represented as follows: Croatia:
Mr Ranko OSTOJIC Minister for the Interior
PROVISIONAL VERSION
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ITEMS DEBATED
Schengen governance - Conclusions
The Council adopted conclusions regarding guidelines for the strengthening of political governance in the Schengen cooperation
These conclusions follow up a discussion at the JHA Council in December 2011 () in which support for strengthening the political guidance on developments in the Schengen area was expressed. At the time, the Council also examined a number of issues concerning two legislative Commission proposals regarding a regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis () and an amendment to the Schengen Borders Code as regards the rules for the temporary reintroduction of border controls at internal borders in exceptional circumstances (). These legislative proposals were not addressed today. Discussions in the Council preparatory bodies are ongoing
Solidarity in situations of particular pressures on asylum systems - Conclusions
The Council adopted conclusions on a common framework for genuine and practical solidarity towards member states facing particular pressures on their asylum systems, including through mixed migration flows
The conclusions are intended to constitute a toolbox for EU-wide solidarity towards those member states most affected by such pressures and/or encountering problems in their asylum systems. They address, among other things, the issues of solidarity through responsibility and mutual trust, solidarity through preventive cooperation, solidarity in emergency situations, solidarity through strengthened cooperation between EASO and FRONTEX, financial solidarity, solidarity through relocation and solidarity through strengthened cooperation with key countries of transit, origin and first countries of asylum
The conclusions also aim to complement and help the implementation of the envisioned mechanism for early warning, preparedness and crisis management in the amended Dublin regulation. The Dublin regulation establishes the procedures for determining the member state responsible for examining an application for international protection. In this sense, the conclusions will contribute to reaching an agreement not only on this file but also on an overall compromise regarding the development of the Common European Asylum System (CEAS)
PROVISIONAL VERSION
Greek national action plan on asylum and migration
8.111.2012
The Council discussed the implementation of Greece's national action plan on asylum reform and migration management on the basis of a state of play presented by the Greek minister, the Commission, the European asylum support office (EASO) and the European border management agency (Frontex)
The Council noted that progress had been made in a number of areas including the return of illegally staying third country nationals, an increase in the number of examined asylum cases and a decrease of the backlog of pending cases as well as structural reforms as regards the creation of a National Coordination Centre and staffing for the Hellenic Coast Guard. Ministers noted, however, that further progress needs to be made in all areas covered by the action plan
Member states underlined their readiness to continue to support Greece in implementing the action plan and highlighted that cooperation with third countries of origin and transit, particularly in the area of return policy, must be improved. One of the key countries is Turkey
Ministers asked the Council preparatory bodies to follow-up on the discussion and to continue monitoring the situation as it evolves
This was the sixth time that the implementation of the Greek Action plan to reform the national asylum and immigration system was on the Council's agenda, most recently in October 2011
The key components of the Action Plan comprise:
Reform of asylum procedures and creation of a new asylum service;
Establishment of screening centres (KETIY) for the reception, identification and screening of third country nationals upon illegal entry or upon detection in Greece;
Improvement of facilities in reception centres for asylum applicants/vulnerable groups and minors;
Provision of services such as funding of legal aid and the provision of psychological and social services;
Improvement of available and creation of new detention centres; Improvement of return policies (forced/voluntary)
PROVISIONAL VERSION
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Greece has experienced difficulties respecting the European minimum standards for receiving asylum applicants and examining their applications. This is linked to particular migratory pressure, particularly coming from Turkey. In 2011, over 61,000 illegal migrants have been detected on the Greek-Turkish border
With a view to supporting the reform of the Greek asylum system, the Commission is providing financial support and coordinates contributions from member states. Practical assistance is also provided by EASO, in particular through the deployment in Greece of asylum support teams. Frontex activities in Greece directed to combating illegalimmigration include Joint Operation Poseidon Land which replaced the earlier RABIT operation in March 2011 and in which virtually all member states participate
Common European Asylum System (CEAS)
The Council looked, on the basis of a presidency paper (), at the state-of-play of negotiations on the various legislative proposals concerning the Common European Asylum System (CEAS). Ministers instructed the Council preparatory bodies to continue their work to reach an agreement at Council level and with the European Parliament as soon as possible
The situation on the various files can be described as follows:
The qualification directive providing for better, clearer and more harmonised standards for identifying persons in need of international protection was adopted in November 2011 and entered into force in January 2012 ().
The asylum procedures and reception conditions directives: Revised proposals were tabled by the Commission on 1 June 2011 ( and , respectively). Significant progress has been made on the two instruments, in particular on the reception conditions directives where negotiations with the European Parliament are expected to start soon. The main outstanding issues here concern the grounds for detention and access to labour market for asylum applicants
The Dublin regulation establishes the procedures for determining the member state responsible for examining an application for international protection. Further progress has been made on almost all aspects, in particular concerning a proposal to introduce a mechanism for early warning, preparedness and crisis management. This mechanism aims at evaluating the practical functioning of national asylum systems, assisting member states in need and preventing asylum crisis. Such a mechanism would concentrate on adopting measures to prevent asylum crises from developing rather than addressing the consequences of such crises once they have occurred
PROVISIONAL VERSION
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The Eurodac regulation: discussions on amendments to the rules regulating this fingerprint database are on hold pending a revised Commission proposal. Member states have requested additional provisions which would allow their law enforcement authorities to access the Eurodac central database under strict conditions on data protection for the purposes of fighting terrorism and organised crime
Two other agreements related to the CEAS have been achieved so far. They concern the long term residence directive and the creation of the European Asylum Support Office (EASO) which started operations in spring 2011. In addition, the Council took a decision without discussion (A item) which establishes common EU resettlement priorities for 2013 as well as new rules on EU funding for resettlement activities carried out by member states
For the overall context, it is to be remembered that the European Council confirmed in its conclusions in June 2011 that negotiations on the various elements of the CEAS should be concluded by 2012 (EUCO 23/11).
Mixed Committee
In the margin of the Council session, the Mixed Committee (the EU plus Norway, Iceland, Liechtenstein and Switzerland) discussed the following subjects:
Schengen governance
The Committee held a political and strategic discussion on developments in the Schengen area and agreed on conclusions - later adopted in the Council session - regarding guidelines for the strengthening of political governance in the Schengen cooperation
The discussion included a number of specific issues which are connected with the functioning of the Schengen area such as cooperation with third countries on effective control of the external land and sea borders as well as strengthening internal security during major sporting events. A presidency paper on these two particular issues was circulated
The situation in Greece in relation to Schengen
The committee discussed Schengen-related aspects of the current situation in Greece, including the implementation of Greece's national action plan on asylum reform and migration management on the basis of a state of play presented by the Greek minister, the Commission, the European asylum support office (EASO) and the European border management agency (Frontex) - as described in the separate item above
PROVISIONAL VERSION
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Illegal migration
The committee discussed developments in relation to illegal migration flows to the European Union and secondary movements on the basis of information provided by the Commission and the European border management agency (Frontex)
The Presidency reported on the work it has launched for the preparation of a roadmap to ensure a coherent EU response to continued migration pressures
Ministers agreed that the work on the roadmap will be taken forward in the light of comments made by delegations. They also invited the Commission to continue to work with neighbouring countries to develop cooperation on the management of migration flows, particularly on readmission while offering assistance and support
Frontex was asked to continue to monitor closely the situation at the EU's external borders. Innovation Border Management
The committee was briefed about the main outcome of the EU Conference on Innovation Border Management which took place in Copenhagen on 2-3 February 2012 on the basis of a presidency report ().
The findings of the note represent views expressed in some cases by a majority, in others by just a few participants. Thus, the report is to be seen as a contribution to a comprehensive European approach to innovation in border management and also provides the Commission with valuable input for the purpose of preparing legislative proposals on an Entry Exit System and a Registered Travellers Programme. Both the Entry Exit System and the Registered Travellers Programme are endorsed by the Stockholm Programme adopted in 2009 ().
The European Council in its June 2011 conclusions called for work on "smart borders" to be pushed forward rapidly. JHA Council conclusions on borders, migration and asylum from June 2011 () also referred to the subject and the Commission presented in December 2011 its Communication "Smart Borders - options and ways forward" ().
PROVISIONAL VERSION
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SIS II
The Commission presented to the committee an overview of the main developments during the past months on the implementation of the Schengen Information System II (SIS II). The SIS II is planned to come into operation by the first quarter of 2013
The Schengen Information System (SIS) is a database shared by participating countries' border and migration authorities, and law enforcement authorities and contains information on persons and on lost and stolen objects. Specific stringent data protection rules apply to the SIS. It is a compensatory measure for the opening of the internal borders under the Schengen agreement, but it is also seen as a vital security factor in the EU. The European Commission is currently developing a second generation of the SIS, commonly called the SIS II
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OTHER ITEMS APPROVED JUSTICE AND HOME AFFAIRS
EU resettlement priorities for 2013 and new rules on EU funding
The Council adopted today a decision which establishes common EU resettlement priorities for 2013 and paves the way for new rales concerning the financial support that EU member states receive through the European Refugee Fund for the resettlement of refugees from third countries (). It is expected that the European Parliament will give its green light to the text at the end of March 2012
For more information see press release . Europol: Extension of the term of office of the Director
The Council decided to extend the term of office of the Director of Europol, Robert Wainwright, for a second mandate of four years (). His first mandate was due to expire on 15 April 2013. This decision follows an earlier opinion on the extension of the term of office of the Director by the Management Board of Europol
CEPOL Work Programme 2012
The Council approved the European Police College's (CEPOL) Work Programme 2012 as contained in document and forward it to the European Parliament and the Commission for information
Official Journal of the European Union
The Council requested the consent of the European Parliament concerning the electronic publication of the Official Journal of the European Union
The proposed regulation, once agreed to by Parliament and adopted by the Council, will give legal value to the electronic edition of the Official Journal of the European Union. This will allow everyone to rely on the electronic edition of the Journal of the EU as being authentic, up-to-date, complete and free of charge. The paper version would only be authentic in exceptional and temporary cases, for instance when the IT system of the EU publications office is disrupted
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The Official Journal of the EU ensures the official publication of the legislation and all other acts of the European Union. It has been published on paper since 1958 and has been made available on the internet since 1998. However, until now, only the paper version has legal value
TRADE POLICY
Exports of firearms - Implementation of United Nations protocol
The Council adopted a regulation laying down rules on export authorisation for firearms for the purpose of implementing article 10 of the United Nations protocol against the illicit manufacturing of and trafficking in firearms (41/11 and ADD 1 REV 1).
The purpose of the UN firearms protocol is to promote, facilitate and strengthen cooperation in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in small arms such as handguns and pistols. Its article 10 requires in particular to implement or improve administrative procedures or systems to exercise effective control over the manufacturing, marking, import and export of firearms
For more information see press release .
FOREIGN AFFAIRS
Cote d'lvoire - restrictive measures
The Council eased restrictive measures against Cote d'lvoire. It lifted asset freezes and visa bans on all but 15 persons: eight individuals designated by the United Nations and seven persons autonomously designated by the EU due to their role in obstructing the process of peace and national reconciliation. This decision will not alter the remainder of the EU's restrictive measures on Cote d'lvoire, which include an arms embargo
EU-Morocco: participation in EU programmes and reciprocal trade liberalisation
The Council adopted a decision on the conclusion of a protocol to the Euro Mediterranean agreement on the general principles for the participation of Morocco in EU programmes (). It also adopted a decision on the conclusion of an agreement between the EU and Morocco concerning, inter alia, reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products ().
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FOOD LAW
New EU rules on fruit juices and similar products*
The Council approved a compromise text aimed at further aligning the EU directive on fruit juices and similar products to the international food standards of the Codex Alimentarius (74/11 + ADD 1), following a first-reading agreement with the European Parliament
For more information see press release . TRANSPORT
First-reading position on single European railway area directive
The Council adopted its position at first reading () on a draft directive establishing a single European railway area, following the political agreement reached last December (see press release i, pp. 7-8). Initial technical discussions with the European Parliament have already started in order to seek agreement on a final text to be adopted jointly by both institutions at second reading
The draft directive is a recast merging and amending the three directives of the "first railway package" on the development of European railways, the licensing of railway undertakings and the management of railway infrastructure (directives Nos 12, 13 and 14 of 2001). The purpose of the recast is to simplify, clarify and update this regulatory framework so as to increase competition, strengthen market supervision and improve conditions for investment in the sector
Whilst agreeing with the objective of the recast proposal, the Council considers a number of its provisions to be too far-reaching or not clear and simple enough. It therefore modified the Commission's proposal, and in particular its key parts, namely the conditions of access by railway undertakings to service facilities; the financing of railway infrastructures and charging for their use; and the functions of the regulatory body supervising the railway market. The Council's position towards the initial Commission proposal () and the European Parliament's first-reading position is explained in detail in its "statement of reasons" (ADD 1).
The main points are summarised in this press release .
PROVISIONAL VERSION
8.111.2012
Cooperation agreement with the International Civil Aviation Organisation *
The Council authorised the conclusion of a memorandum of cooperation with the International Civil Aviation Organisation (ICAO), following the consent given by the European Parliament (decision on conclusion: ; text of memorandum: ).
The memorandum, which was signed in spring 2011, provides a framework for enhanced cooperation in the areas of aviation safety and security, air traffic management, and environmental protection. Besides regular dialogue, consultation, exchange of information and expertise, and participation in audit and inspection programmes, the cooperation will include financing by the EU of specific actions and the posting of experts to the ICAO secretariat. Moreover, the memorandum will allow pooling and coordination of EU support
AGRICULTURE
Council conclusions on a Court of auditors report - Adaptation of fishing fleets
The Council adopted conclusions on the special report No 12/2011 from the European Court of Auditors entitled "Have EU measures contributed to adapting the capacity of the fishing fleets to available fishing opportunities" ().
The Council notes that in July 2011, the Commission adopted a proposal for a regulation on the Common Fisheries Policy (CFP) () and that in December 2011, the Commission adopted a proposal for a regulation on the European Maritime and Fisheries Fund (EMFF) (). Both proposals are currently being examined in Council and by the Council's preparatory bodies and the Special Report in question has also been referred to in the context of this examination
CUSTOMS UNION
Norway and Switzerland - EU imports from developing countries
The Council authorised the Commission to negotiate an agreement with Norway and Switzerland concerning products manufactured in beneficiary countries of the Generalised System of Preferences (GSP) incorporating materials originating in Norway, Switzerland or Turkey
PROVISIONAL VERSION
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INTERNAL MARKET
Textiles - Polypropylene/polyamide bicomponent
The Council decided not to oppose the adoption by the Commission of a regulation aimed at amending regulation on textile names and labelling in order to include a new textile fibre name ('polypropylene/polyamide bicomponent'), as well as to update annexes VIII and IX to take account of technical progress ().
The draft regulation is subject to the regulatory procedure with scrutiny. This means that now that the Council has given its consent, the Commission may adopt it, unless the European Parliament objects
SPORT
World Anti-Doping Code
The Council approved the text of the EU contribution to the revision of the World Anti-Doping Code and authorised the Presidency to submit it to the World Anti-Doping Agency (WADA) (). The World Anti-Doping Code provides the basic framework for harmonised anti-doping policies, rules and regulations within sport organisations and among public authorities
The World Anti-Doping Agency (http://www.wada-ama.org/) has launched a Code revision process with a view of adopting a revised Code at the 4th World Conference on Doping in Sport, which will be hold in Johannesburg, South Africa, in November 2013
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TRANSPARCY
Public access to documents
The Council approved:
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-the reply to confirmatory application No 02/c/01/12, the Danish, Estonian, Slovenian, Finnish, Swedish and British delegations voting against (doc. )); and
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-the reply to confirmatory application No 03/c/01/12, the Danish, Estonian, Lithuanian, Austrian, Slovenian, Finnish, Swedish and British delegations voting against (doc. ).
EU Publications Office: organisation and operation
The Council adopted a decision updating the rules concerning the organisation and operation of the Publications Office of the European Union (). The amendment mainly aims to add the European Council as a signatory institution, in accordance with the Lisbon Treaty