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32000D0597

2000/597/EC, Euratom: Council Decision of 29 September 2000 on the system of the European Communities' own resources

Official Journal L 253 , 07/10/2000 P. 0042 - 0046

Council Decisionof 29 September 2000on the system of the European Communities' own resources(2000/597/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 269 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 173 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Court of Auditors(3),Having regard to the opinion of the Economic and Social Committee(4),Whereas:(1) The European Council meeting in Berlin on 24 and 25 March 1999 concluded, inter alia, that the system of the Communities' own resources should be equitable, transparent, cost-effective, simple and based on criteria which best express each Member State's ability to contribute.(2) The Communities' own resources system must ensure adequate resources for the orderly development of the Communities' policies, subject to the need for strict budgetary discipline.(3) It is appropriate that the best quality data be used for the purposes of the budget of the European Union and the Communities' own resources. The application of the European system of integrated economic accounts (hereinafter referred to as the "ESA 95") in accordance with Council Regulation (EC) No 2223/96(5) will improve the quality of measurement of national accounts data.(4) It is appropriate to use the most recent statistical concepts for the purposes of own resources and accordingly to define gross national product (GNP) as being equal for these purposes to gross national income (GNI) as provided by the Commission in application of the ESA 95 in accordance with Regulation (EC) No 2223/96.(5) It is, moreover, appropriate, should modifications to the ESA 95 result in significant changes in GNI as provided by the Commission in accordance with Regulation (EC) No 2223/96, that the Council decide whether these modifications apply for the purposes of own resources.(6) According to Council Decision 94/728/EC, Euratom of 31 October 1994 on the system of the European Communities' own resources(6), the maximum ceiling of own resources for 1999 was set equal to 1,27 % of the Communities' GNP at market prices and an overall ceiling of 1,335 % of the Communities' GNP was set for appropriations for commitments.(7) It is appropriate to adapt these ceilings expressed as a percent of GNP in order to maintain unchanged the amount of financial resources put at the disposal of the Communities by establishing a formula for the determination of the new ceilings, in relation to GNP as defined for the present purposes, to be applied after the entry into force of this Decision.(8) It is appropriate that the same method be used in the future on the occasion of changes in the ESA 95 which may have effects on the level of GNP.(9) In order further to continue the process of making allowance for each Member State's ability to contribute to the system of own resources and of correcting the regressive aspects of the current system for the least prosperous Member States, the European Council meeting in Berlin of 24 and 25 March 1999 concluded that the Union's financing rules would be amended as follows:- the maximum rate of call of the VAT resource would be reduced from 1 % to 0,75 % in 2002 and 2003 and to 0,50 % from 2004 onwards,- the value added tax base of the Member States would continue to be restricted to 50 % of their GNP.(10) The European Council of 24 and 25 March 1999 concluded that it is appropriate to adapt the amount retained by Member States to cover the costs related to collection in connection with the so-called traditional own resources paid to the budget of the European Union.(11) Budgetary imbalances should be corrected in such a way as not to affect the own resources available for the Communities' policies and be resolved, to the extent possible, by means of expenditure policy.(12) The European Council of 24 and 25 March 1999 concluded that the manner for calculating the correction of budgetary imbalances in favour of the United Kingdom as defined in Decision 88/376/EEC, Euratom(7) and confirmed by Decision 94/728/EC, Euratom, should not include the windfall gains resulting from changes in the financing systems and from future enlargement. Accordingly, at the time of enlargement, an adjustment will reduce "total Allocated Expenditure" by an amount equivalent to the annual pre-accession expenditure in the acceding countries, thereby ensuring that expenditure which is unabated remains so.(13) For reasons of clarity, the description of the calculation of the correction in respect of budgetary imbalances granted to the United Kingdom has been simplified. This simplification has no impact on the determination of the amount of this correction granted to the United Kingdom.(14) The European Council of 24 and 25 March 1999 concluded that the financing of the correction of budgetary imbalances in favour of the United Kingdom should be modified to allow Austria, Germany, the Netherlands and Sweden to see a reduction in their financing share to 25 % of the normal share.(15) The monetary reserve, hereinafter referred to as "the EAGGF monetary reserve", the reserve for the financing of the Loan Guarantee Fund and the reserve for emergency aid in non-member countries are covered by specific provisions.(16) The Commission should undertake, before 1 January 2006, a general review of the operation of the own resources system, accompanied, if necessary, by appropriate proposals, in the light of all relevant factors including the effects of enlargement on the financing of the budget of the European Union, the possibility of modifying the own resources structure by creating new autonomous own resources and the correction of budgetary imbalances granted to the United Kingdom as well as the granting to Austria, Germany, the Netherlands and Sweden of the reduction in the financing of the budgetary imbalances in favour of the United Kingdom.(17) Provisions must be laid down to cover the changeover from the system introduced by Decision 94/728/EC, Euratom to that arising from this Decision.(18) The European Council of 24 and 25 March 1999 concluded that this Decision should take effect on 1 January 2002,HAS LAID DOWN THESE PROVISIONS, WHICH IT RECOMMENDS TO THE MEMBER STATES FOR ADOPTION:Article 1The Communities shall be allocated own resources in accordance with the rules laid down in the following Articles in order to ensure, in accordance with Article 269 of the Treaty establishing the European Community (hereinafter referred to as the "EC Treaty") and Article 173 of the Treaty establishing the European Atomic Energy Community (hereinafter referred to as the "Euratom Treaty"), the financing of the budget of the European Union.The budget of the European Union shall, without prejudice to other revenue, be financed wholly from the Communities' own resources.Article 21. Revenue from the following shall constitute own resources entered in the budget of the European Union:(a) levies, premiums, additional or compensatory amounts, additional amounts or factors and other duties established or to be established by the institutions of the Communities in respect of trade with non-member countries within the framework of the common agricultural policy, and also contributions and other duties provided for within the framework of the common organisation of the markets in sugar;(b) Common Customs Tariff duties and other duties established or to be established by the institutions of the Communities in respect of trade with non-member countries and customs duties on products coming under the Treaty establishing the European Coal and Steel Community;(c) the application of a uniform rate valid for all Member States to the harmonised VAT assessment bases determined according to Community rules. The assessment base to be taken into account for this purpose shall not exceed 50 % of GNP for each Member State, as defined in paragraph 7;(d) the application of a rate - to be determined pursuant to the budgetary procedure in the light of the total of all other revenue - to the sum of all the Member States' GNPs.2. Revenue deriving from any new charges introduced within the framework of a common policy, in accordance with the EC Treaty or the Euratom Treaty, provided that the procedure laid down in Article 269 of the EC Treaty or in Article 173 of the Euratom Treaty has been followed, shall also constitute own resources entered in the budget of the European Union.3. Member States shall retain, by way of collection costs, 25 % of the amounts referred to in paragraph 1(a) and (b), which shall be established after 31 December 2000.4. The uniform rate referred to in paragraph 1(c) shall correspond to the rate resulting from the difference between:(a) the maximum rate of call of the VAT resource, which is fixed at:0,75 % in 2002 and 2003,0,50 % from 2004 onwards,and(b) a rate ("frozen rate") equivalent to the ratio between the amount of the compensation referred to in Article 4 and the sum of the VAT assessment bases (established in accordance with paragraph (1)(c)) of all Member States, taking into account the fact that the United Kingdom is excluded from the financing of its correction and that the share of Austria, Germany, the Netherlands and Sweden in the financing of the United Kingdom correction is reduced to one fourth of its normal value.5. The rate fixed under paragraph 1(d) shall apply to the GNP of each Member State.6. If, at the beginning of the financial year, the budget has not been adopted, the previous uniform VAT rate and rate applicable to Member States' GNPs, without prejudice to the provisions adopted in accordance with Article 8(2) as regards the EAGGF monetary reserve, the reserve for financing the Loan Guarantee Fund and the reserve for emergency aid in third countries, shall remain applicable until the entry into force of the new rates.7. For the purposes of applying this Decision, GNP shall mean GNI for the year at market prices as provided by the Commission in application of the ESA 95 in accordance with Regulation (EC) No 2223/96.Should modifications to the ESA 95 result in significant changes in the GNI as provided by the Commission, the Council, acting unanimously on a proposal of the Commission and after consulting the European Parliament, shall decide whether these modifications shall apply for the purposes of this Decision.Article 31. The total amount of own resources assigned to the Communities to cover appropriations for payments may not exceed a certain percentage of the total GNPs of the Member States. This percentage, expressed in two decimal places, will be calculated by the Commission in December 2001 on the basis of the following formula:>PIC FILE= "L_2000253EN.004401.EPS">2. Appropriations for commitments entered in the general budget of the European Union must follow an orderly progression resulting in a total amount, which does not exceed a certain percentage of the total GNPs of the Member States. This percentage, expressed in two decimal places, shall be calculated by the Commission in December 2001 on the basis of the following formula:>PIC FILE= "L_2000253EN.004402.EPS">An orderly ratio between appropriations for commitments and appropriations for payments shall be maintained to guarantee their compatibility and to enable the ceilings pursuant to paragraph 1 to be respected in subsequent years.3. The Commission shall communicate to the budgetary authority the new ceilings for own resources before 31 December 2001.4. The method described in paragraphs 1 and 2 will be followed in the case of modifications to the ESA 95 which result in changes in the level of GNP.Article 4The United Kingdom shall be granted a correction in respect of budgetary imbalances.This correction shall be established by:(a) calculating the difference, in the preceding financial year, between:- the percentage share of the United Kingdom in the sum of uncapped VAT assessment bases, and- the percentage share of the United Kingdom in total allocated expenditure;(b) multiplying the difference thus obtained by total allocated expenditure;(c) multiplying the result under (b) by 0,66;(d) subtracting from the result under (c) the effects arising for the United Kingdom from the changeover to capped VAT and the payments referred to in Article 2(1)(d), namely the difference between:- what the United Kingdom would have had to pay for the amounts financed by the resources referred to in Article 2(1)(c) and (d), if the uniform rate had been applied to non-capped VAT bases, and- the payments of the United Kingdom pursuant to Article 2(1)(c) and (d);(e) from the year 2001 onwards, subtracting from the result under (d) the net gains of the United Kingdom resulting from the increase in the percentage of resources referred to in Article 2(1)(a) and (b) retained by Member States to cover collection and related costs;(f) calculating, at the time of each enlargement of the European Union, an adjustment to the result under (e) so as to reduce the compensation, thereby ensuring that expenditure which is unabated before enlargement remains so after enlargement. This adjustment shall be made by reducing total allocated expenditure by an amount equivalent to the annual pre-accession expenditure in the acceding countries. All amounts so calculated shall be carried forward to subsequent years and shall be adjusted annually by applying the euro GNP deflator used for the adaptation of the Financial Perspective.Article 51. The cost of the correction shall be borne by the other Member States in accordance with the following arrangements:The distribution of the cost shall first be calculated by reference to each Member State's share of the payments referred to in Article 2(1)(d), the United Kingdom being excluded; it shall then be adjusted in such a way as to restrict the financing share of Austria, Germany, the Netherlands and Sweden to one fourth of their normal share resulting from this calculation.2. The correction shall be granted to the United Kingdom by a reduction in its payments resulting from the application of Article 2(1)(c) and (d). The costs borne by the other Member States shall be added to their payments resulting from the application for each Member State of Article 2(1)(c) and (d).3. The Commission shall perform the calculations required for the application of Article 4 and this Article.4. If, at the beginning of the financial year, the budget has not been adopted, the correction granted to the United Kingdom and the costs borne by the other Member States as entered in the last budget finally adopted shall remain applicable.Article 6The revenue referred to in Article 2 shall be used without distinction to finance all expenditure entered in the budget. The revenue needed to cover in full or in part the EAGGF monetary reserve, the reserve for the financing of the Loan Guarantee Fund and the reserve for emergency aid in third countries, entered in the budget shall not be called up from the Member States until the reserves are implemented. Provisions for the operation of those reserves shall be adopted as necessary in accordance with Article 8(2).Article 7Any surplus of the Communities' revenue over total actual expenditure during a financial year shall be carried over to the following financial year.Any surpluses generated by a transfer from EAGGF Guarantee Section chapters, or surplus from the Guarantee Fund arising from external measures, transferred to the revenue account in the budget, shall be regarded as constituting own resources.Article 81. The Communities' own resources referred to in Article 2(1)(a) and (b) shall be collected by the Member States in accordance with the national provisions imposed by law, regulation or administrative action, which shall, where appropriate, be adapted to meet the requirements of Community rules.The Commission shall examine at regular intervals the national provisions communicated to it by the Member States, transmit to the Member States the adjustments it deems necessary in order to ensure that they comply with Community rules and report to the budget authority.Member States shall make the resources provided for in Article 2(1)(a) to (d) available to the Commission.2. Without prejudice to the auditing of the accounts and to checks that they are lawful and regular as laid down in Article 248 of the EC Treaty and Article 160C of the Euratom Treaty, such auditing and checks being mainly concerned with the reliability and effectiveness of national systems and procedures for determining the base for own resources accruing from VAT and GNP and without prejudice to the inspection arrangements made pursuant to Article 279(c) of the EC Treaty and Article 183 point (c) of the Euratom Treaty, the Council shall, acting unanimously on a proposal from the Commission and after consulting the European Parliament, adopt the provisions necessary to apply this Decision and to make possible the inspection of the collection, the making available to the Commission and payment of the revenue referred to in Articles 2 and 5.Article 9The Commission shall undertake, before 1 January 2006, a general review of the own resources system, accompanied, if necessary, by appropriate proposals, in the light of all relevant factors, including the effects of enlargement on the financing of the budget, the possibility of modifying the structure of the own resources by creating new autonomous own resources and the correction of budgetary imbalances granted to the United Kingdom as well as the granting to Austria, Germany, the Netherlands and Sweden of the reduction pursuant to Article 5(1).Article 101. Member States shall be notified of this Decision by the Secretary-General of the Council and the Decision shall be published in the Official Journal of the European Communities.Member States shall notify the Secretary-General of the Council without delay of the completion of the procedures for the adoption of this Decision in accordance with their respective constitutional requirements.This Decision shall enter into force on the first day of the month following receipt of the last of the notifications referred to in the second subparagraph. It shall take effect on 1 January 2002 except for Article 2(3) and Article 4, which shall take effect on 1 January 2001.2. (a) Subject to (b), Decision 94/728/EC, Euratom shall be repealed as of 1 January 2002. Any references to the Council Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources(8), to Council Decision 85/257/EEC, Euratom of 7 May 1985 on the Communities' system of own resources(9), to Decision 88/376/EEC, Euratom, or to Decision 94/728/EC, Euratom shall be construed as references to this Decision.(b) Articles 2, 4 and 5 of Decisions 88/376/EEC, Euratom and 94/728/EC, Euratom shall continue to apply to the calculation and adjustment of revenue accruing from the application of a uniform rate valid for all Member States to the VAT base determined in a uniform manner and limited between 50 % to 55 % of the GNP of each Member State, depending on the relevant year, and to the calculation of the correction of budgetary imbalances granted to the United Kingdom for the years 1988 to 2000.(c) For amounts referred to in Article 2(1)(a) and (b) which should have been made available by the Member States before 28 February 2001 in accordance with the applicable Community rules, Member States shall continue to retain 10 % of these amounts by way of collection costs.Done at Brussels, 29 September 2000.For the CouncilThe PresidentL. Fabius(1) OJ C 274 E, 28.9.1999, p. 39.(2) Opinion delivered on 17 November 1999 (OJ C 189, 7.7.2000, p. 79).(3) OJ C 310, 28.10.1999, p. 1.(4) OJ C 368, 20.12.1999, p. 16.(5) OJ L 310, 30.11.1996, p. 1. Regulation as amended by Regulation (EC) No 448/98 (OJ L 58, 27.2.1998, p. 1).(6) OJ L 293, 12.11.1994, p. 9.(7) OJ L 185, 15.7.1988, p. 24.(8) OJ L 94, 28.4.1970, p. 19.(9) OJ L 128, 14.5.1985, p. 15. Decision repealed by Decision 88/376/EEC, Euratom.


title: 2005/831/EC: Decision of the European Central Bank of  17 November 2005  on the distribution of the income of the European Central Bank on euro banknotes in circulation to the national central banks of the participating Member States  (ECB/2005/11)

text:
               26.11.2005

               EN

               Official Journal of the European Union

               L 311/41

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 17 November 2005
   on the distribution of the income of the European Central Bank on euro banknotes in circulation to the national central banks of the participating Member States
   (ECB/2005/11)
   (2005/831/EC)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 33 thereof,
   Whereas:

               (1)

               In order to allow funds to be allocated to a provision for foreign exchange rate, interest rate and gold price risks, it is necessary to recast Decision ECB/2002/9 of 21 November 2002 on the distribution of the income of the European Central Bank on euro banknotes in circulation to the national central banks of the participating Member States (1). Furthermore, for operational reasons, it is more appropriate to distribute the income of the European Central Bank (ECB) on euro banknotes in circulation only once for each financial year, instead of each quarter.

               (2)

               Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes (2) establishes the allocation of euro banknotes in circulation to the national central banks (NCBs) in proportion to their paid-up shares in the ECB’s capital. Article 4 of Decision ECB/2001/15 and the Annex to that Decision allocates to the ECB 8 % of the total value of euro banknotes in circulation. The ECB holds intra-Eurosystem claims on NCBs in proportion to their shares in the subscribed capital key, for a value equivalent to the value of euro banknotes that it issues.

               (3)

               Under Article 2(2) of Decision ECB/2001/16 of 6 December 2001 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002 (3), the intra-Eurosystem balances on euro banknotes in circulation are remunerated at the reference rate. Under Article 2(3) of Decision ECB/2001/16, this remuneration is settled by TARGET payments.

               (4)

               Recital 6 to Decision ECB/2001/16 states that the income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation should in principle be distributed to the NCBs in accordance with the decisions of the Governing Council, in proportion to their shares in the subscribed capital key in the same financial year it accrues.

               (5)

               In distributing the income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation, the ECB should take into account an estimate of its financial result for the year that makes due allowance for the need to allocate funds to a provision for foreign exchange rate, interest rate and gold price risks, and for the availability of provisions that may be released to offset anticipated expenses.

               (6)

               In determining the amount of the ECB’s net profit to be transferred to the general reserve fund pursuant to Article 33.1 of the Statute, the Governing Council should consider that any part of that profit which corresponds to income on euro banknotes in circulation should be distributed to the NCBs in full,

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

               (a)

               ‘participating Member States’ shall mean Member States which have adopted the euro in accordance with the Treaty establishing the European Community;

               (b)

               ‘NCBs’ shall mean national central banks of participating Member States;

               (c)

               ‘intra-Eurosystem balances on euro banknotes in circulation’ shall mean the claims and liabilities arising between a NCB and the ECB and between a NCB and the other NCBs as a result of the application of Article 4 of Decision ECB/2001/15;

               (d)

               ‘ECB’s income on euro banknotes in circulation’ shall mean the income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation as a result of the application of Article 2 of Decision ECB/2001/16.

         Article 2
   Interim distribution of the ECB’s income on euro banknotes in circulation
   1.   The ECB’s income on euro banknotes in circulation shall be due in full to the NCBs in the same financial year it accrues and shall be distributed to the NCBs in proportion to their paid-up shares in the subscribed capital of the ECB.
   2.   The ECB shall distribute to the NCBs its income on euro banknotes in circulation earned in each financial year on the second working day of the following year.
   3.   The amount of the ECB’s income on euro banknotes in circulation may be reduced in accordance with any decision by the ECB's Governing Council on the basis of the Statute in respect of expenses incurred by the ECB in connection with the issue and handling of euro banknotes.
   Article 3
   Derogation from Article 2
   In derogation from Article 2:

               1.

               the Governing Council shall decide before the end of the financial year not to distribute part or all of the ECB’s income on euro banknotes in circulation in accordance with Article 2 to the extent necessary to ensure that the amount of the distributed income does not exceed the ECB’s net profit for that year if on the basis of a reasoned estimate prepared by the Executive Board the Governing Council expects that the ECB will have an overall annual loss or will make an annual net profit that is less than the estimated amount of its income on euro banknotes in circulation;

               2.

               the Governing Council may decide before the end of the financial year to transfer part or all of the ECB’s income on euro banknotes in circulation to a provision for foreign exchange rate, interest rate and gold price risks.

         Article 4
   Final provisions
   1.   Decision ECB/2002/9 is repealed. References to the repealed Decision shall be construed as references to this Decision.
   2.   This Decision shall enter into force one day following its adoption.

      Done at Frankfurt am Main, 17 November 2005.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 323, 28.11.2002, p. 49.

      (2)  OJ L 337, 20.12.2001, p. 52. Decision as last amended by Decision ECB/2004/9 (OJ L 205, 9.6.2004, p. 17).

      (3)  OJ L 337, 20.12.2001, p. 55. Decision as amended by Decision ECB/2003/22 (OJ L 9, 15.1.2004, p. 39).


title: 2013/607/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the European Police Office for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/318

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on the closure of the accounts of the European Police Office for the financial year 2011
   (2013/607/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Police Office for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Police Office for the financial year 2011, together with the Office’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (4), and in particular Article 43 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0083/2013),

               1.

               Approves the closure of the accounts of the European Police Office for the financial year 2011;

               2.

               Instructs its President to forward this Decision to the Director of the European Police Office, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 187.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 121, 15.5.2009, p. 37.

      (5)  OJ L 357, 31.12.2002, p. 72


title: Council Decision of 17 March 2008 appointing one member of the Management Board of the European Chemicals Agency

text:
               19.3.2008

               EN

               Official Journal of the European Union

               C 73/23

      COUNCIL DECISION

   of 17 March 2008
   appointing one member of the Management Board of the European Chemicals Agency
   (2008/C 73/06)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (1), and in particular Article 79 thereof,
   Whereas:

               (1)

               Article 79 of Regulation (EC) No 1907/2006 provides that the Council should appoint as Members of the Management Board of the European Chemicals Agency one representative from each Member State.

               (2)

               By Decision of 7 June 2007 (2) the Council appointed 27 members of the Management Board of the European Chemicals Agency.

               (3)

               The Romanian Government has informed the Council of its intention to replace the Romanian representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2011,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Teodor OGNEAN of Romanian nationality, born on 21 February 1947, shall be appointed member of the Management Board of the European Chemicals Agency in place of Ms Rodica MOROHOI for the period from 20 March 2008 to 31 May 2011.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 17 March 2008.

            For the Council

            The President

         I. JARC

      (1)  OJ L 396, 30.12.2006, p. 1. Corrected by OJ L 136, 29.5.2007, p. 3.

      (2)  OJ C 134, 16.6.2007, p. 6.


title: 2008/264/EC: Commission Decision of 25 March 2008 on the fire safety requirements to be met by European standards for cigarettes pursuant to Directive 2001/95/EC of the European Parliament and of the Council (Text with EEA relevance)

text:
               26.3.2008

               EN

               Official Journal of the European Union

               L 83/35

      COMMISSION DECISION

   of 25 March 2008
   on the fire safety requirements to be met by European standards for cigarettes pursuant to Directive 2001/95/EC of the European Parliament and of the Council
   (Text with EEA relevance)
   (2008/264/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), and in particular Article 4(1)(a),
   Whereas:

               (1)

               Directive 2001/95/EC provides that European standards should be established by European standardisation bodies. Such standards should ensure that products satisfy the general safety requirement of the Directive.

               (2)

               According to Directive 2001/95/EC a product shall be presumed safe, as far as the risks and risk categories covered by relevant national standards are concerned, when it conforms to voluntary national standards transposing European standards.

               (3)

               Cigarettes are inherently dangerous products since they produce heat and because they contain a burning material that keeps burning through the whole cigarette length when ignited. A risk associated with lit cigarettes, when laid carelessly down and left unattended, are fires with ensuing fatalities, injuries and material damage. Accidents of this kind have been observed and cause an estimated minimum of 1 000 fatalities in the Community every year (2).

               (4)

               Technical solutions to prevent cigarettes from burning through the whole length when not actively puffed have been developed. Commercially available cigarettes contain bands of paper in the cigarette paper, about 6 mm wide and spaced by about 20 to 30 mm. Such ‘speed bumps’ make burning cigarettes self-extinguish, at least to a certain extent, by hindering oxygen access to the burn area. The reduced ignition propensity thus restricts the source and risk of fires.

               (5)

               The safety requirement for cigarettes should be drawn up under the provisions of Article 4 of Directive 2001/95/EC, with the aim to request the standardisation bodies to develop a standard on reduced ignition propensity of cigarettes, according to the procedure laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (3), and to allow the publication in the Official Journal of the European Union of the reference of the standard adopted. Standardisation bodies should give appropriate consideration to the ASTM E2187-04 standard.

               (6)

               Once published in the Official Journal, cigarettes manufactured in compliance with the standard shall be presumed to conform to the general safety requirement of Directive 2001/95/EC on general product safety, as far as the fire safety requirement covered by the standard is concerned.

               (7)

               The measure provided for in this Decision are in accordance with the opinion of the Committee set up under Directive 2001/95/EC,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Purpose
   The purpose of this Decision is to establish the requirement on the basis of which the Commission may request the relevant standardisation bodies to establish the relevant standard for reducing the ignition propensity of cigarettes. The ignition propensity of cigarettes shall be reduced in order to minimise fires with ensuing fatalities, injuries and material damage.
   Article 2
   Definition
   For the purposes of this Decision a cigarette with reduced ignition propensity means a cigarette that self-extinguishes when not actively puffed, before it has burnt through its full length.
   Article 3
   Requirement
   For the purpose of Article 4 of Directive 2001/95/EC, the safety requirement shall be the following: no more than 25 % of a batch of cigarette specimens to be tested shall burn through their whole length.

      Done at Brussels, 25 March 2008.

            For the Commission

         Meglena KUNEVA

            Member of the Commission

      (1)  OJ L 11, 15.1.2002, p. 4.

      (2)  The ASPECT Consortium, Tobacco or Health in the European Union. Past, present and future, European Commission, 2004.
   (http://ec.europa.eu/health/ph_determinants/life_style/Tobacco/Documents/tobacco_exs_en.pdf).

      (3)  OJ L 204, 21.7.1998, p. 37. Directive as last amended by Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p. 81).


title: 2012/607/EU: Decision of the European Parliament of 10 May 2012 on the closure of the accounts of the Clean Sky Joint Undertaking for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/319

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on the closure of the accounts of the Clean Sky Joint Undertaking for the financial year 2010
   (2012/607/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Clean Sky Joint Undertaking for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Clean Sky Joint Undertaking for the financial year 2010, together with the replies of the Joint Undertaking (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06086/2012 — C7-0050/2012),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EC) No 71/2008 of 20 December 2007 setting up the Clean Sky Joint Undertaking (3), and in particular Article 11(4) thereof,

               —

               having regard to the Financial Rules of the Clean Sky Joint Undertaking adopted by Decision of its Governing Board on 7 November 2008,

               —

               having regard to Opinion No 2/2011 on the Clean Sky Joint Undertaking’s Financial Rules, delivered by the Court of Auditors on 8 February 2011,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0115/2012),

               1.

               Approves the closure of the accounts of the Clean Sky Joint Undertaking for the financial year 2010;

               2.

               Instructs its President to forward this Decision to the Executive Director of the Clean Sky Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 368, 16.12.2011, p. 8.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 30, 4.2.2008, p. 1.

      (4)  OJ L 357, 31.12.2002, p. 72.


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31997D0634

97/634/EC: Commission Decision of 26 September 1997 accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway

Official Journal L 267 , 30/09/1997 P. 0081 - 0084

COMMISSION DECISION of 26 September 1997 accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway (97/634/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), as amended by Regulation (EC) No 2331/96 (2), and in particular Article 8 (1) thereof,Having regard to Council Regulation (EC) No 3284/94 of 22 December 1994 on protection against subsidized imports from countries not members of the European Community (3), and in particular Article 10 (1) thereof,After consulting the Advisory Committee,Whereas:(1) On 31 August 1996, the Commission announced, by a notice published in the Official Journal of the European Communities (4), the initiation of anti-subsidy proceedings in respect of imports of farmed Atlantic salmon originating in Norway.(2) On 31 August 1996, the Commission also announced, by a separate notice published in the Official Journal of the European Communities (5), the initiation of an anti-dumping proceeding in respect of imports of farmed Atlantic salmon originating in Norway.(3) Both of the above mentioned proceedings were initiated following complaints lodged in July 1996 by the Scottish Salmon Growers' Association Ltd and the Shetland Salmon Farmers' Association on behalf of their members, which represent a major proportion of total Community production of farmed Atlantic salmon. The complaints contained sufficient evidence of injurious dumping and subsidization of the imports concerned to justify the initiation of anti-dumping and anti-subsidy proceedings.(4) The Commission sought and verified all information that it deemed necessary for the purpose of its definitive findings. In the course of this examination, it was established that definitive anti-dumping and countervailing measures should be taken in order to eliminate the injurious effects of dumping and subsidization. The findings and conclusions on all aspects of the investigations are set out in Council Regulation (EC) No 1890/79 (6) and (EC) No 1891/97 (7).(5) Having been informed of the Commission's findings, the Kingdom of Norway and the Norwegian exporters referred to in Article 1 of the present Decision offered undertakings pursuant to Article 10 of Council Regulation (EC) No 3284/94. The Norwegian exporters also offered their undertakings pursuant to Article 8 of Council Regulation (EC) No 384/96.(6) Pursuant to these undertakings, the Norwegian exporters, have, inter alia, offered not to sell the product under investigation to their first unrelated customer in the Community below a certain minimum price. Norway, for its part, has agreed to take a number of measures which will contribute to eliminating the injurious effects of subsidisation. Both Norway and the Norwegian exporters concerned have agreed to comply with their undertakings as of 1 July 1997.(7) The Commission considers that the combined effect of the above mentioned undertakings will be sufficient to remove the injurious effects of dumping and subsidization.(8) In addition, given that Norway has offered to co-operate with the Commission in monitoring the evolution of Norwegian exports of farmed Atlantic salmon to the Community, and that the exporters which have offered undertakings have agreed to provide the Commission with regular and detailed information on their exports to the Community, it is concluded that the correct observance of the undertakings can be effectively monitored by the Commission.(9) Under these circumstances, the undertakings offered by Norway and the Norwegian exporters mentioned below, are considered acceptable, and the investigations can, therefore, be terminated with respect to those parties.(10) All exporters and related importers concerned were informed of the essential facts and considerations on the basis of which it was intended to recommend the termination of the investigations without the imposition of measures with regard to parties from which undertakings have been accepted and these parties have had the opportunity to comment on all aspects of the investigations. Accordingly, should the Commission have reasons to believe that an undertaking is being violated, a provisional anti-dumping duty and a provisional countervailing duty may be imposed pursuant to Article 8 (10) of Regulation (EC) No 384/96 and Article 10 (10) of Regulation (EC) No 3284/94, respectively. A definitive anti-dumping duty and a definitive countervailing duty will be imposed, should the conditions of Article 8 (9) of Regulation (EC) No 384/96 and Article 10 (9) of Regulation No (EC) 3284/94 respectively be met.(11) The Advisory Committee was consulted and no objections were raised as to the acceptance of the undertakings offered.(12) Having been informed of the main facts and considerations on the basis of which the Commission intended to accept the undertakings, the Community industry expressed concern that, in view of past experience with minimum prices, these undertakings would not constitute an effective remedy to the injury it was suffering.(13) It should be pointed out that these undertakings contain strict monitoring provisions and, furthermore, unlike the minimum prices previously imposed, they will be underpinned by residual duties which may be imposed in cases of violation. It is therefore considered that these measures are adequate to remedy the injurious effects of dumping and subsidisation,HAS ADOPTED THIS DECISION:Article 1 The undertakings offered by the Kingdom of Norway and by the Norwegian exporters mentioned in the Annex to this Decision, in connection with the anti-subsidy proceeding concerning imports into the Community of farmed Atlantic salmon originating in Norway, are hereby accepted.The undertakings offered by the Norwegian exporters mentioned in the Annex to this Decision, in connection with the anti-dumping proceeding concerning imports into the Community of farmed Atlantic salmon originating in Norway, are hereby accepted.Article 2 The investigations in connection with the anti-dumping and anti-subsidy proceedings referred to in Article 1 are hereby terminated with regard to the parties named in that Article.Article 3 This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.Done at Brussels, 26 September 1997.For the CommissionHans VAN DEN BROEKMember of the Commission(1) OJ L 56, 6. 3. 1996, p. 1.(2) OJ L 317, 6. 12. 1996, p. 1.(3) OJ L 349, 31. 12. 1994, p. 22.(4) OJ C 253, 31. 8. 1996, p. 20.(5) OJ C 253, 31. 8. 1996, p. 18.(6) See page 1 of this Official Journal.(7) See page 19 of this Official Journal.ANNEX >TABLE>


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31994D0315

94/315/CFSP: Council Decision of 30 May 1994 concerning the Common Position defined on the basis of Article J.2 of the Treaty on European Union regarding the reduction of economic relations with Haiti

Official Journal L 139 , 02/06/1994 P. 0010 - 0010 Finnish special edition: Chapter 11 Volume 32 P. 0043  Swedish special edition: Chapter 11 Volume 32 P. 0043

COUNCIL DECISION of 30 May 1994 concerning the common position defined on the basis of Article J.2 of the Treaty on European Union regarding the reduction of economic relations with Haiti (94/315/CFSP)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty on European Union, and in particular Article J.2 thereof,  Having regard to resolution 917 (1994) adopted on 6 May 1994 by the United Nations Security Council,  HAS DECIDED AS FOLLOWS:   Article 1  1.  Economic relations with Haiti shall be reduced in accordance with the relevant mandatory provisions of resolution 917 (1994) adopted on 6 May 1994 by the United Nations Security Council.  2.  Member States shall adopt without delay the laws, regulations or administrative measures necessary to freeze the funds and financial resources referred to in pargraph 4 of that resolution.   Article 2  This Decision shall be published in the Official Journal.  Done at Brussels, 30 May 1994 For the Council The President G. MORAITIS


title: 2011/810/EU: Council Decision of 30 November 2011 establishing the position to be taken by the European Union within the General Council of the World Trade Organization as regards requests for granting and/or extending certain WTO waivers

text:
               7.12.2011

               EN

               Official Journal of the European Union

               L 324/29

         COUNCIL DECISION
   of 30 November 2011
   establishing the position to be taken by the European Union within the General Council of the World Trade Organization as regards requests for granting and/or extending certain WTO waivers
   (2011/810/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article IX of the Marrakesh Agreement establishing the World Trade Organization (WTO Agreement) sets out the procedures for the granting of waivers concerning the Multilateral Trade Agreements in Annex 1A or 1B or 1C to the WTO Agreement and their annexes.

               (2)

               When waiver requests are made in the WTO, often a very limited time-frame is given for the final decision by the relevant WTO body on these requests, while prompt reaction from the WTO Members is required.

               (3)

               It is in the interest of the Union that there be approved in an expeditious manner the requests for granting and/or extending the annual waivers relating to the introduction of the Harmonised Commodity Description and Coding System (so-called Harmonised System, HS) on 1 January 1988, and its first, second, third, fourth and fifth amendments, recommended by the Council of the World Customs Organization, respectively called ‘HS92 changes’ (entered into force on 1 January 1992), ‘HS96 changes’ (entered into force on 1 January 1996), ‘HS2002 changes’ (entered into force on 1 January 2002), ‘HS2007 changes’ (entered into force on 1 January 2007) and ‘HS2012 changes’ (will enter into force on 1 January 2012), as well as future HS amendments, which establish the obligation to introduce these changes to Members’ schedules of concessions (transposing schedules of tariff concessions into the HS nomenclature).

               (4)

               The current waiver allowing Cape Verde to extend the period for the full implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and of the WTO Agreement on Customs Valuation will expire on 31 December 2011. Any extension of that waiver would be of minimal economic and trade importance to the Union.

               (5)

               The current waiver relating to Canada’s trade preference programme CARIBCAN will expire on 31 December 2011. Any extension of that waiver would be of minimal economic and trade importance to the Union and would also be in line with the Union’s policy to support the economic development of developing countries through trade preferences.

               (6)

               The current waiver allowing Cuba to derogate from paragraph 6 of Article XV GATT 1994 will expire on 31 December 2011. Any extension of that waiver would be of minimal economic and trade importance to the Union.

               (7)

               The current waiver allowing countries participating in the Kimberley Process certification scheme to impose certain restrictions on the trade of so-called ‘blood diamonds’ will expire on 31 December 2011. Any extension of that waiver would be of minimal economic and trade importance to the Union while being of great relevance for its overall trade relations.

               (8)

               It is appropriate, therefore, to establish the position to be taken by the Union within the WTO General Council concerning those waivers,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the General Council of the World Trade Organization is to support the following requests relating to the WTO waivers pursuant to paragraph 3 of Article IX of the WTO Agreement:

               (a)

               requests for granting and/or extending the waivers relating to the introduction of the Harmonised Commodity Description and Coding System (HS) and its amendments from 1992 (‘HS92 changes’), 1996 (‘HS96 changes’), 2002 (‘HS2002 changes’), 2007 (‘HS2007 changes’) and 2012 (‘HS2012 changes’), as well as future HS amendments, which establish the obligation to introduce these changes to Members’ schedules of concessions;

               (b)

               requests for extending the waiver allowing Cape Verde to extend the period for the full implementation of Article VII GATT 1994 and of the WTO Agreement on Customs Valuation;

               (c)

               requests for extending the waiver allowing Canada to grant preferential treatment to selected developing countries (CARIBCAN programme);

               (d)

               requests for extending the waiver allowing Cuba to derogate from paragraph 6 of Article XV GATT 1994;

               (e)

               requests for extending the waiver relating to the Kimberley Process certification scheme.

         Article 2
   The Commission shall inform the Council via the Trade Policy Committee sufficiently in advance of any meeting of the relevant WTO body at which a decision may be taken on a request covered by this Decision. Within 10 working days of the date where the Commission has informed the Trade Policy Committee, the Council may request that the procedure for the adoption of an individual Council decision on the waiver request in question be pursued.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 30 November 2011.

            For the Council

            The President

         J. VINCENT-ROSTOWSKI


Commission Decision - Commitment appropriations to be made available again in 2006