title: EFTA Surveillance Authority Decision No 31/12/COL of 1 February 2012 amending, for the eighty-fifth time, the procedural and substantive rules in the field of state aid by introducing a new chapter on the application, from 1 February 2012 , of revised rules for assessing state aid for shipbuilding

text:
               31.1.2013

               EN

               Official Journal of the European Union

               L 31/77

         EFTA SURVEILLANCE AUTHORITY DECISION

   No 31/12/COL
   of 1 February 2012
   amending, for the eighty-fifth time, the procedural and substantive rules in the field of state aid by introducing a new chapter on the application, from 1 February 2012, of revised rules for assessing state aid for shipbuilding
   THE EFTA SURVEILLANCE AUTHORITY (“THE AUTHORITY”),
   Whereas:
   Under Article 5(2)(b) of the Surveillance and Court Agreement, the Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the Authority considers it necessary,
   On 7 December 2011, the European Commission adopted a Communication on the application, from 1 January 2012, of revised rules for assessing state aid for shipbuilding (OJ C 364, 14.12.2011, p. 9),
   This Communication is also of relevance for the European Economic Area,
   Uniform application of the EEA state aid rules is to be ensured throughout the European Economic Area in line with the objective of homogeneity established in Article 1 of the EEA Agreement,
   According to point II under the heading “GENERAL” on page 11 of Annex XV to the EEA Agreement, the Authority, after consultation with the Commission, is to adopt acts corresponding to those adopted by the European Commission,
   The Authority consulted the European Commission and the EFTA States by letters dated 19 December 2011 on the subject,
   HAS ADOPTED THIS DECISION:
   Article 1
   The State Aid Guidelines shall be amended by replacing the chapter on the rules for assessing state aid for shipbuilding.
   The new chapter is set out in the Annex to this Decision.
   Article 2
   Only the English language version of this decision is authentic.

      Done at Brussels, 1 February 2012.

            For the EFTA Surveillance Authority

         Oda Helen SLETNES

            President

         Sabine MONAUNI-TÖMÖRDY

            College Member

      ANNEX

         STATE AID GUIDELINES FOR SHIPBUILDING
          (1)

      1.   Introduction

                  (1)

                  State aid to shipbuilding has been subject to a series of specific regimes, which have been gradually aligned with the horizontal state aid provisions. Compared to industrial sectors that have not been subject to specific rules, the regimes applicable to the shipbuilding sector have contained a mixture of both stricter and more lenient provisions. These guidelines provide for new rules for the assessment of state aid to shipbuilding following the expiry of the current Guidelines on state aid to shipbuilding on 31 December 2011 (2).

                  (2)

                  Certain features distinguish shipbuilding from other industries, such as the short production series, the size, value and complexity of the units produced and the fact that prototypes are generally used commercially.

                  (3)

                  In the light of those special characteristics, the Authority considers it appropriate to continue to apply specific provisions in respect of innovation aid for the shipbuilding sector while ensuring that such aid does not adversely affect trading conditions and competition to an extent contrary to the common interest.

                  (4)

                  State aid for innovation must lead to the recipient of aid changing its behaviour so that it increases its level of innovation activity and innovation projects or activities take place which would not otherwise be carried out, or which would be carried out in a more restricted manner. Incentive effect is identified by counterfactual analysis, comparing the levels of intended activity with aid and without aid. Therefore, these Guidelines identify specific requirements which will enable the EFTA states to ensure the presence of an incentive effect.

                  (5)

                  An informal set of rules concerning innovation aid for shipbuilding regarding, in particular, the eligible costs and the confirmation of the innovative character of the project has been developed in conjunction with the industry and is applied by the Authority in its decision-making practice. In the interests of transparency, those rules should be formally integrated into the rules on innovation aid.

                  (6)

                  As regards regional aid, the Authority will review the horizontal Guidelines on national regional aid for 2007 – 2013 (3) in 2013. Therefore, the Authority will not make any changes to the specific rules for regional aid in the shipbuilding sector at this point. The specific rules on regional aid to shipbuilding, found in this chapter, are therefore the same as were found in the former Chapter of State Aid to Shipbuilding. The Authority will reassess the situation in the context of the revision of the Guidelines on National Regional Aid.

                  (7)

                  With regard to export credits, the objective of these guidelines is to respect applicable international obligations.

                  (8)

                  These guidelines therefore contain specific provisions in relation to innovation aid and regional aid for shipbuilding as well as provisions on export credits. In addition, aid to the shipbuilding sector can be deemed compatible with the internal market under the EEA Agreement and under the horizontal state aid instruments (4), unless otherwise provided for in those instruments.

                  (9)

                  In accordance with Article 123 of the EEA Agreement any EFTA State may take such measures as it considers necessary for the protection of the essential interests of its security with respect to funding for military vessels.

                  (10)

                  The Authority intends to apply the principles set out in these guidelines until 31 December 2013. After that date the Authority envisages including the provisions on innovation aid in the guidelines for state aid for research and development and innovation (5) and integrating regional aid for shipbuilding into the Guidelines on national regional aid.

            2.   Scope and definitions

                  (11)

                  Under these guidelines, the Authority may authorise aid to shipyards or, in the case of export credits, aid to ship owners, which is granted for building, repair or conversion of ships, as well as innovation aid granted for the construction of floating and moving offshore structures.

                  (12)

                  For the purposes of these guidelines, the following definitions shall apply:

                              (a)

                              “shipbuilding” means the building, in the EEA, of self-propelled commercial vessels;

                              (b)

                              “ship repair” means the repair or reconditioning, in the EEA, of self-propelled commercial vessels;

                              (c)

                              “ship conversion” means the conversion, in the EEA, of self-propelled commercial vessels of not less than 1 000 gt (6), on condition that conversion operations entail radical alterations to the cargo plan, the shell, the propulsion system or the passenger accommodation;

                              (d)

                              “self-propelled commercial vessel” means a vessel that, by means of its permanent propulsion and steering, has all the characteristics of self-navigability on the high seas or on inland waterways and belongs to one of the following categories:

                                          (i)

                                          seagoing vessels of not less than 100 gt and inland waterway vessels of equivalent size used for the transportation of passengers and/or goods;

                                          (ii)

                                          seagoing vessels of not less than 100 gt and inland waterway vessels of equivalent size used for the performance of a specialised service (for example, dredgers and ice breakers);

                                          (iii)

                                          tugs of not less than 365 kW;

                                          (iv)

                                          unfinished shells of the vessels referred to in points (i), (ii) and (iii) that are afloat and mobile;

                              (e)

                              “floating and moving offshore structures” means structures for the exploration, exploitation or generation of oil, gas or renewable energy that have the characteristics of a commercial vessel except that they are not self-propelled and are intended to be moved several times during their operation.

            3.   Specific measures

      3.1.   Regional aid

                  (13)

                  Regional aid to shipbuilding, ship repair or ship conversion may be deemed compatible with the internal market if it fulfils, in particular, the following conditions:

                              (a)

                              the aid must be granted for investment in upgrading or modernising existing yard(s), not linked to a financial restructuring of the yard(s) concerned, with the objective of improving the productivity of existing installations;

                              (b)

                              in regions referred to in point (a) of Article 61(3) of the EEA Agreement and complying with the map approved by the Authority for each EFTA State for the grant of regional aid (7), the intensity of the aid must not exceed 22,5 % gross grant equivalent;

                              (c)

                              in regions referred to in point (c) of Article 61(3) of the EEA Agreement and complying with the map approved by the Authority for each EFTA State for the grant of regional aid, the intensity of the aid must not exceed 12,5 % gross grant equivalent or the applicable regional aid ceiling, whichever is the lower;

                              (d)

                              the aid must be limited to support eligible expenditure as defined in the Guidelines on national regional aid for 2007–2013.

            3.2.   Innovation aid

      3.2.1.   Eligible applications

                  (14)

                  Aid granted for innovation for shipbuilding, ship repair or ship conversion may be deemed compatible with the internal market up to a maximum aid intensity of 20 % gross provided that it relates to the industrial application of innovative products and processes, that is to say, technologically new or substantially improved products and processes when compared to the state of the art that exists in the shipbuilding industry within the EEA, which carry a risk of technological or industrial failure.

                  (15)

                  Innovative products and processes within the meaning of point 14 include improvements in the environmental field related to quality and performance, such as optimising fuel consumption, emissions from engines, waste and safety.

                  (16)

                  Where the innovation has the objective of increasing environmental protection and leads to compliance with adopted EEA standards at least one year before those standards enter into force or increases the level of environmental protection in the absence of EEA standards or makes it possible to go beyond EEA standards, the maximum aid intensity can be increased to 30 % gross. The expressions “EEA standards” and “environmental protection” have the meaning set out in the Authority’s Guidelines on state aid for environmental protection (8).

                  (17)

                  Provided that they comply with the criteria in point 14, innovative products will refer either to a new class of vessel as defined by the first vessel of a potential series of ships (prototype) or to innovative parts of a vessel, which can be isolated from the vessel as a separate element.

                  (18)

                  Provided that they comply with the criteria in point 14, innovative processes will refer to the development and implementation of new processes regarding production, management, logistic or engineering areas.

                  (19)

                  Innovation aid can only be deemed compatible with the internal market if it is granted for the first industrial application of innovative products and processes.

            3.2.2.   Eligible costs

                  (20)

                  Innovation aid for products and processes must be limited to supporting expenditure on investments, design, engineering and testing activities directly and exclusively related to the innovative part of the project and incurred after the date of the application for innovation aid (9).

                  (21)

                  Eligible costs include costs of the shipyard as well as costs for the procurement of goods and services from third parties (for example, system suppliers, turnkey suppliers and subcontractor companies), to the extent that those goods and services are strictly related to the innovation. The eligible costs are defined in more detail in the Appendix.

                  (22)

                  The relevant national authority, designated by the EFTA State for the purposes of the application of innovation aid, must examine the eligible costs on the basis of the estimations provided and substantiated by the applicant. Where the application includes costs for the procurement of goods and services from suppliers, the supplier must not have received state aid for the same objectives in respect of those goods or services.

            3.2.3.   Confirmation of the innovative character of the project

                  (23)

                  In order for innovation aid to be deemed compatible with the functioning of the EEA Agreement under these guidelines, an application for innovation aid must be submitted to the relevant national authority prior to the applicant entering into a binding agreement to implement the specific project for which innovation aid is sought. The application must include a description of the innovation, in both qualitative and quantitative terms.

                  (24)

                  The relevant national authority must seek confirmation from an independent, and technically competent expert that the aid is sought for a project that represents a technologically new or substantially improved product or process compared to the state of the art that exists in the shipbuilding industry within the EEA (qualitative appraisal). The aid may only be deemed compatible with the internal market if the independent and technically competent expert confirms to the relevant national authority that the eligible costs for the project have been calculated to cover exclusively the innovative parts of the relevant project (quantitative appraisal).

            3.2.4.   Incentive effect

                  (25)

                  Innovation aid within the meaning of these guidelines must have an incentive effect, that is to say, it must result in the recipient changing its behaviour so that it increases its level of innovation activity. As a result of the aid, the innovation activity must be increased in terms of size, scope, amount spent or speed.

                  (26)

                  In line with point 25, the Authority considers that aid does not present an incentive for the beneficiary where the project (10) has already commenced before the beneficiary submits an application for aid to the national authorities.

                  (27)

                  In order to verify that the aid would induce the aid beneficiary to change its behaviour so that it increases its level of innovation activity, the EFTA States must provide an ex ante evaluation of the increased innovation activity on the basis of an analysis comparing a situation without aid and a situation with aid. The criteria to be used may include the increase in innovation activities in terms of size, scope amount spent or speed, together with other relevant quantitative and/or qualitative factors submitted by the EFTA State in its notification under Article 1(3) in Part I of Protocol 3 to the Surveillance and Court Agreement.

                  (28)

                  If a significant effect on at least one of those elements can be demonstrated, taking account of the normal behaviour of an undertaking in the respective sector, the Authority will normally conclude that the aid has an incentive effect.

                  (29)

                  When assessing an aid scheme, the conditions relating to the incentive effect will be deemed to be satisfied if the EFTA State has committed itself to grant individual aid under the approved aid scheme only after it has verified that an incentive effect is present and to submit annual reports on the implementation of the approved aid scheme.

                  (30)

                  The approval of the aid application must be subject to the condition that the beneficiary enters into a binding agreement to implement the specific shipbuilding, ship repair or ship conversion project or process for which the innovation aid is sought. Payments can only be made after the relevant contract is signed. If the contract is cancelled or the project is abandoned, all aid disbursed must be reimbursed with interest from the date the aid was paid out. Equally, if the project is not completed, aid that has not been used for the eligible innovation expenditure must be reimbursed with interest. The rate of interest must be at least equal to the reference rates adopted by the Authority.

            3.3.   Export credits

                  (31)

                  Aid to shipbuilding in the form of state-supported credit facilities granted to national and non-national shipowners or third parties for the building or conversion of vessels may be deemed compatible with the internal market if it complies with the terms of the 1998 OECD Arrangement on Guidelines for Officially Supported Export Credits and with its Sector Understanding on Export Credits for Ships or any successive terms laid down in such an arrangement or replacing the Arrangement.

            4.   Monitoring and reporting

                  (32)

                  The Authority’s Decision No 195/04/COL, as amended, on the implementaing provisions referred to under Article 27 in Part II of Protocol 3 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (11) requires EFTA States to submit to the Authority annual reports on all existing aid schemes pursuant to the rules set forth in Part II of Protocol 3 to the Surveillance and Court Agreement and in its implementing provisions. When adopting a decision under these guidelines for all innovation aid granted under an approved scheme to large undertakings, the Authority may request EFTA States to report on how the requirement for an incentive effect has been respected in relation to aid given to large undertakings, notably using the criteria mentioned in point 3.2.4.

            5.   Cumulation

                  (33)

                  The aid ceilings stipulated in these guidelines are applicable irrespective of whether the aid in question is financed wholly or in part from state resources. Aid authorised under these guidelines may not be combined with other forms of State aid within the meaning of Article 61(1) of the EEA Agreement, the cumulation of which produces an aid intensity higher than that laid down in these guidelines.

                  (34)

                  Where aid serves different purposes and involves the same eligible costs, the most favourable aid ceiling will apply.

            6.   Application of these guidelines

                  (35)

                  The Authority will apply the principles set out in these guidelines until 31 December 2013. The Authority will apply those principles to all notified aid measures in respect of which it is called upon to take a decision after 1 February 2012, even where the projects were notified prior to that date.

                  (36)

                  In accordance with the Athority’s notice on the determination of the applicable rules for the assessment of unlawful state aid, the Authority will apply the principles set out in these guidelines to non-notified aid granted after 31 December 2011.

         (1)  These Guidelines correspond to the Commissions Framework on State Aid to Shipbuilding, OJ C 364, 14.12.2011, p. 9

         (2)  OJ C 221, 14.9.2006, p. 10, EEA Supplement No 46, 14.9.2006, p. 1.

         (3)  OJ L 54, 28.2.2008, p. 1, EEA Supplement No 11, 28.2.2008, p. 1.

         (4)  For instance, the Guidelines on state aid for environmental protection (OJ L 144, 10.6.2010, p. 1) lay down the conditions under which aid to shipyards for more environmentally friendly production may be authorised. Moreover, aid for the acquisition of new transport vehicles which go beyond Community standards or which increase the level of environmental protection in the absence of Community standards can be granted to ship owners, thus contributing overall to cleaner maritime transport.

         (5)  OJ L 305, 19.11.2009, p. 1, EEA Supplement No 60, 19.11.2009, p. 1.

         (6)  Gross tons.

         (7)  Reference is made to point 15 of the Guidelines on national regional aid 2007-2013 according to which currently, “no region in the EFTA States qualifies for the Article 61(3)(a) derogation.”

         (8)  The environmental aid guidelines adopted in July 2008 refer to the expression “Community standards”.

         (9)  Except for costs for feasibility studies undertaken within 12 months prior to the aid application for an innovative process.

         (10)  This does not exclude that the potential beneficiary may have already carried out feasibility studies which are not covered by the request for State aid.

         (11)  OJ L 340, 22.12.2010, p. 1, EEA Supplement No 72, 22.12.2010, p. 1.

         Appendix

            Eligible costs for innovation aid for shipbuilding

         (1)   New class of vessel
         For the construction of a new class of vessel that is eligible for innovation aid, the following costs are eligible:

                     (a)

                     costs for the concept development;

                     (b)

                     costs for the concept design;

                     (c)

                     costs for the functional design;

                     (d)

                     costs for the detailed design;

                     (e)

                     costs for studies, testing, mock-ups; and similar costs related to the development and design of the vessel;

                     (f)

                     costs for the planning of the implementation of the design;

                     (g)

                     costs for tests and trials of the product;

                     (h)

                     incremental labour and overhead costs for a new class of vessel (learning curve).

               For the purposes of points (a) to (g), costs related to standard engineering design equivalent to a previous class of vessel are excluded.
         For the purposes of point (h), additional production costs that are strictly necessary to validate the technological innovation can be eligible to the extent that they are limited to the minimum necessary amount. Due to the technical challenges associated with constructing a prototype, production costs of the first vessel normally exceed production costs of the subsequent sister ships. Additional production costs are defined as the difference between the labour costs and associated overhead costs for the first in a new class of vessel and the production costs of the subsequent vessels of the same series (sister ships). Labour costs include wages and social costs.
         Accordingly, in exceptional and duly justified cases, a maximum of 10 % of the production costs associated with the construction of a new class of vessel can be considered as eligible costs: if those costs are necessary to validate the technical innovation. A case is considered to be duly justified if the additional production costs are estimated to exceed 3 % of the production costs of the subsequent sister ships.
         (2)   New components or systems of a vessel
         For new components or systems that are eligible for innovation aid, the following costs are eligible to the extent that they are strictly related to the innovation:

                     (a)

                     design and development costs;

                     (b)

                     costs for the testing of the innovation part, mock-ups;

                     (c)

                     costs for material and equipment;

                     (d)

                     in exceptional cases, the costs of construction and installation of a new component or system that are necessary to validate the innovation, to the extent that they are limited to the minimum necessary amount.

               (3)   New processes
         For new processes that are eligible for innovation aid, the following costs are eligible to the extent that they are strictly related to the innovative process:

                     (a)

                     design and development costs;

                     (b)

                     costs for material and equipment;

                     (c)

                     costs for the testing of the new process, where applicable;

                     (d)

                     costs for feasibility studies undertaken within 12 months prior to the aid application.


Avis juridique important

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31998D0704

98/704/Euratom: Council Decision of 22 June 1998 concerning the extension of the duration of the Agreement among the European Atomic Energy Community, the Government of Japan, the Government of the Russian Federation and the Government of the United States of America on cooperation in the engineering design activities (EDA) for the international thermonuclear experimental reactor (ITER)

Official Journal L 335 , 10/12/1998 P. 0061 - 0065

COUNCIL DECISION of 22 June 1998 concerning the extension of the duration of the Agreement among the European Atomic Energy Community, the Government of Japan, the Government of the Russian Federation and the Government of the United States of America on cooperation in the engineering design activities (EDA) for the international thermonuclear experimental reactor (ITER) (98/704/Euratom)THE COUNCIL OF THE EUROPEAN UNION,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 draft decision submitted by the Commission,Whereas the Commission has, in accordance with the Council Directives of 8 April 1998, conducted negotiations on the extension of the Agreement among the European Atomic Energy Community, the Government of Japan, the Government of the Russian Federation and the Government of the United States of America on cooperation in the engineering design activities (EDA) for the international thermonuclear experimental reactor (ITER) ('the ITER EDA Agreement`);Whereas the extension of the duration of the ITER EDA Agreement should be approved,HAS DECIDED AS FOLLOWS:Sole Article The extension, by the Commission, for and on behalf of the Community, of the duration of the Agreement among the European Atomic Energy Community, the Government of Japan, the Government of the Russian Federation and the Government of the United States of America on cooperation in the engineering design activities for the international thermonuclear experimental reactor is hereby approved.The text of the Amendment extending the ITER EDA Agreement is annexed to this Decision, together with the text of the Understandings for the extension of the duration of the ITER EDA Agreement.Done at Luxembourg, 22 June 1998.For the CouncilThe PresidentJ. BATTLEANNEX AMENDMENT EXTENDING THE ITER EDA AGREEMENT Amendment extending the ITER EDA Agreement among the European Atomic Energy Community, the Government of Japan, the Government of the Russian Federation and the Government of the United States of America on cooperation in the engineering design activities for the international thermonuclear experimental reactor THE EUROPEAN ATOMIC ENERGY COMMUNITY, THE GOVERNMENT OF JAPAN, THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA ('the parties`),HAVING REGARD to the Agreement among the Parties on Cooperation in the Engineering Design Activities (EDA) for the International Thermonuclear Experimental Reactor (ITER), concluded on 21 July 1992 ('the Agreement`), and the Protocol 2 to the Agreement concluded on 21 March 1994,NOTING the progress achieved and the proposals made on approaches to continued joint implementation, all within the framework of the Agreement,DESIRING to continue to work jointly within the framework of the Agreement to enable future decisions on construction and operation of ITER in accordance with Article 1 of the Agreement, andACTING in accordance with Articles 22 and 25(2) of the Agreement,HAVE AGREED to amend the Agreement as follows:Replace the words 'six years` in Article 25(1) by the words 'nine years`.This Amendment shall enter into force on signature of the Parties.>TABLE>Understandings for the extension of the duration of the ITER EDA Agreement I. SCOPE OF JOINT TECHNICAL ACTIVITIES (1) Site(s)-specific activities:- site(s)-specific design adaptations and their cost estimates,- safety analysis and technical support for preparation of licence applications.(2) Design, including broader options and their cost estimates, prototype testing and R& D, including physics studies.(3) Preparation of documentation for future procurement incorporating results of items (1) and (2) noted above.II. OTHER ENABLING ACTIVITIES The Parties will also:(1) develop proposals and all necessary supporting information for the complete realisation of ITER including a draft agreement for construction and operation and associated draft implementing arrangements, as well as information on the possible impact of broader concepts on the development path towards fusion energy;(2) adapt the structures and modes of JCT/HTs' operation with a view to launching an efficient start of future construction, if and when so decided;(3) near the end of the second year, jointly review the joint technical activities in point I above, for example, licensing preparations, cost estimates, organisational evolution, construction preparations and domestic situations and, thereupon, prepare a joint assessment for use by each Party.III. PARTIES' SUPPORT OF THE JOINT ACTIVITIES (1) Site(s)-specific activities Each Party will have an interest and involvement in the work to be based on all site characteristics provided. The work, therefore, will be undertaken jointly and managed accordingly under the responsibility of the ITER Director within the EDA framework with the exception of the preparation by native speakers of documents required in the host Party's/country's language and formats.The interested Parties will:- provideby the time of the 14th ITER Council meeting (IC-14, July 1998) site characteristics in line with the site requirements and site design assumptions document,- enable on a timely basis informal dialogue with regulators for the purpose of preparing applications for licences to build and operate ITER.The Director and the concerned home team (HT) leaders will start informal consultation so that, in the light of the site characteristics provided by the interested Parties, tasks of point I(1) can appear in the work programme to be submitted to IC-14 via the appropriate Management Advisory Committee (MAC) meeting.The design adaptations will be carried out with due emphasis on the control of the project's estimated cost.(2) General support The Parties will:- maintain the joint central team (JCT) and undertake assigned tasks,- provide voluntary contribution in various areas, including consolidating the scientific basis for activities in point I(2), for example, by taking advantage of the existing voluntary arrangements,- continue to provide joint work sites (JWS) and support enhanced interconnection.(3) Estimated resources The estimated resources for the intended scope of work noted in point I (beyond those already committed through Task Agreements) from the Director's proposals as supported by the ITER Council (IC-12 record of decisions 6.1.1, attachment 9) are the following:>TABLE>Each Party will make its best efforts to provide its share of the resources (Articles 12 and 14 of the Agreement) in fulfilment of its obligation in accordance with Article 17(1) of the Agreement.IV. ARRANGEMENTS IN FORCE (1) These Understandings will be in force during the extended period along with the previous sets of understandings, reached at the times of signing the Agreement and Protocol 2, unless otherwise determined among the Parties in writing.(2) The current arrangements involving other countries pursuant to Article 19 of the Agreement will continue to be in force.(3) The IAEA will continue providing facilitations and assistance pursuant to Article 20 of the Agreement.V. CONCLUDING UNDERSTANDING The Parties will undertake the joint activities with a general intent to enable an efficient start of possible, future ITER construction, and do recognise the importance in this regard of pursuing preparatory efforts in all relevant domains.


Avis juridique important

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31990D0233

90/233/EEC: Council Decision of 7 May 1990 establishing a trans-European mobility scheme for university studies (Tempus)

Official Journal L 131 , 23/05/1990 P. 0021 - 0026

*****COUNCIL  DECISION  of 7 May 1990  establishing a trans-European mobility scheme for university studies (Tempus)  (90/233/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 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 Economic and Social Committee (3),  Whereas the European Council meeting at Strasbourg on 8 and 9 December 1989, on the basis of a proposal from the Commission, requested the Council to adopt measures to allow for the participation of countries of Central and Eastern Europe in Community programmes of an educational character, similar to existing programmes;  Whereas the Council had adopted Community programmes in the training field, providing, amongst other things, for inter-university as well as university-industry cooperation and for measures to increase the mobility of students, teachers, university staff and industry personnel;  Whereas the Council adopted on 18 December 1989 Regulation (EEC) No 3906/89 (4) on economic aid to the Republic of Hungary and the Polish People's Republic which provides for aid in areas including training to support the process of economic and social reform in Hungary and Poland;  Whereas the Council may subsequently extend such aid to other countries of Central and Eastern Europe under a relevant legal act;  Whereas the process of economic and social reform will contribute to the development of mutually beneficial economic and commercial relationships between the countries of Central and Eastern Europe and the Community; whereas these intensified relationships will also contribute to a harmonious development of economic activities within the Community;  Whereas training has been identified as one of the priority areas for cooperation, particularly in providing the opportunities for mobility and exchange with Member States as an immediate response to identified training needs in Central and Eastern Europe;  Whereas the experience and expertise gained within the Community in the areas particularly of inter-university cooperation and student exchange as well as of industry-university cooperation should be drawn on to create a companion scheme designed to develop cooperation and mobility between the Community and countries of Central and Eastern Europe in the training field;  Whereas such cooperation will facilitate the development of the higher education sector and promote closer understanding and mutually beneficial contacts in the area of training;  Whereas such a scheme forms a part of, and should be closely coordinated with, the overall programming of priorities and funding for Community aid to the countries of Central and Eastern Europe, including the work of the European Training Foundation;  Whereas such a scheme could make an important contribution to the effective provision of training assistance to countries of Central and Eastern Europe eligible for economic aid to support the process of reform;  Whereas, for its contribution, such a scheme will need to call upon the experience gained within the Community in the area of vocational training and upon its institutions concerned with training;  Whereas there exist in the Community and in third countries regional and/or national, public and/or private facilities which can be called upon to assist in the effective provision of aid in the area of training at the higher education level;  Whereas the Treaty does not provide, for the action concerned, powers other than those of Article 235,  HAS DECIDED AS FOLLOWS:  Article 1  Establishment of Tempus  The trans-European mobility scheme for university studies (hereinafter referred to as Tempus) is hereby adopted, within a perspective of five years, for an initial pilot phase of three years beginning on 1 July 1990, and subject to the monitoring and evaluation arrangements set out in Article 11.  Article 2  Eligible countries  Tempus shall concern the countries of Central and Eastern Europe designated as eligible for economic aid by the Council in Regulation (EEC) No 3906/89 or in any subsequent relevant legal act. These countries shall be referred to hereinafter as 'the eligible countries'.  Article 3  Definitions  In the context of Tempus:  (a) the term 'university' shall be used to cover all types of post-secondary educational and vocational training establishments which offer, where appropriate within the framework of advanced education and training, qualifications or diplomas of that level, whatever such establishments may be called;  (b) the terms 'industry' and 'enterprise' shall be used to indicate all types of economic activity, including not only large but also small and medium-sized enterprises, whatever their legal status, public and local authorities, independent economic organizations, in particular chambers of commerce and industry and/or their equivalents, professional associations and organizations representing employers or employees.  Article 4  Objectives  The objectives of Tempus are the following:  (a) to facilitate the coordination of the provision of assistance to the eligible countries in the field of exchange and mobility, particularly for university students and teachers, whether such assistance is provided by the Community, its Member States or the third countries referred to in Article 9;  (b) to contribute to the improvement of training in the eligible countries, and to encourage their cooperation with partners in the Community, taking into account the need to ensure the widest possible participation of all the regions of the Community in such actions;  (c) to increase opportunities for the teaching and learning in the eligible countries of those languages used in the Community and covered by the Lingua programme, and vice versa;  (d) to enable students from the eligible countries to spend a specific period of study at university or to undertake industry placements within the Member States of the Community, while ensuring equality of opportunity for male and female students as regards participation in such mobility;  (e) to enable students from the Community to spend a similar type of period of study or placement in an eligible country;  (f) to promote increased exchanges and mobility of teaching staff and trainers as part of the cooperation process.  Article 5  Committee  1. The Commission shall implement the Tempus scheme in accordance with the provisions of the Annex and on the basis of detailed guidelines to be adopted annually.  2. In the performance of that task, the Commission shall be assisted by a committee composed of two representatives appointed by each Member State and chaired by the Commission representative. The members of the committee may be assisted by experts or advisers.  The committee shall, in particular, assist the Commission in the implementation of the scheme having regard to the objectives set out in Article 4 and shall coordinate its work with that of other committees covering the same field as Tempus. 3. The Commission representative shall submit to the committee drafts of measures concerning.  (a) the general guidelines governing Tempus;  (b) the general guidelines on the financial assistance to be provided by the Community (amounts, duration and recipients of assistance);  (c) questions relating to the overall balance of Tempus, including the breakdown between the various actions;  (d) arrangements for the monitoring and evaluation of Tempus.  4. The committee shall deliver its opinion on these drafts of measures within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.  The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith.  In that event, the Commission may defer application of the measures which it has decided upon for a period of two months.  The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous subparagraph.  5. In addition, the Commission may consult the committee on any other matter concerning the implementation of Tempus.  The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on this draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.  The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.  The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.  Article 6  Cooperation with relevant agencies  1. The Commission shall cooperate with appropriate agencies in each of the eligible countries, designated or set up to coordinate the links and structures necessary for the effective implementation of Tempus, including the allocation of any funds made available by the eligible countries themselves.  2. The Commisison shall also cooperate closely in the implementation of Tempus with the relevant national bodies, designated by the Member States.  Article 7  Budget  The Commission shall assess the needs for university cooperation and for the mobility of staff and students with respect to the eligible countries, having regard to the overall financial orientations on economic aid to these countries.  It shall establish on this basis and within the proposed limits of the amount to be made available for economic aid to the countries of Central and Eastern Europe, the necessary credits to be included in the preliminary draft of the general budget of the European Communities.  Article 8  Links with other Community actions  The Commission, in accordance with the procedure set out in Article 5 (5) of this Decision and, where appropriate, with the procedure set out in Article 9 of Regulation (EEC) No 3906/89, shall ensure consistency and, where necessary, complementarity between Tempus and other actions at Community level, both within the Community and in assistance to the eligible countries, with particular reference to the activities of the European Training Foundation.  Article 9  Coordination with actions of third countries  1. The Commission shall ensure the appropriate coordination with actions developed by countries which are not members of the Community or by universities and enterprises or other institutions or bodies in these countries which relate to the same field of action as Tempus, including, where appropriate, participation in Tempus projects.  2. Such involvement can take various forms, including one or more of the following:  - participation in Tempus projects via co-financing,  - use of Tempus facilities for the channelling of bilaterally funded exchange actions,  - coordination with Tempus of those nationally based initiatives which are related to the same aims but which are financed and run separately,  - reciprocal exchange of information on all relevant initiatives in this field. Article 10  Annual report  An annual report on the functioning of Tempus shall be submitted by the Commission to the European Parliament, the Council, the Economic and Social Committee and to the participating countries.  Article 11  Monitoring and evaluation arrangements - reports  The Commission shall, in accordance with the procedure set out in Article 5 (3), establish arrangements for the monitoring and evaluation of the experience acquired in the implementation of Tempus, taking into account in particular the objectives set out in Article 4.  It shall submit an interim report, including the results of the evaluation, before 31 December 1992, as well as a proposal for the continuation or adaptation of Tempus as a whole, beyond the initial pilot phase.  A final report shall be presented by the Commission by 31 December 1995.  Done at Brussels, 7 May 1990.  For the Council  The President  G. COLLINS  (1) OJ No C 85, 3. 4. 1990, p. 9.  (2) OJ No C 113, 7. 5. 1990.  (3) Opinion delivered on 25 April 1990 (not yet published in the Oficial Journal).  (4) OJ No L 375, 23. 12. 1989, p. 11.  ANNEX  ACTION I  Joint European projects  1. The Community will provide support for joint European projects linking universities and/or enterprises in eligible countries with partners in the Community.  Joint European projects will as far as possible comprise at least one university or enterprise from an eligible country and partner institutions in at least two Member States.  Such projects may be linked, as appropriate, to existing networks, notably those funded in the framework of the Erasmus, Comett and Lingua programmes.  2. Joint European project grants may be awarded for a wide range of activities according to the specific needs of the institutions concerned, including notably for curricular development and overhaul, integrated study courses, development of teaching materials, training and retraining of teachers, particularly in the field of modern European languages, the provision of short, intensive programmes, the development of language and area studies and of distance learning.  Support equipment and documentation necessary for the implementation of a joint European project could also be eligible for funding.  ACTION 2  Mobility grants  1. (a) The Community will introduce a scheme for direct financial support of students up to and including doctorate level from eligible countries, irrespective of their age or the subject of their studies, for a period of study at a university in a Member State. Such grants will be awarded to students for full-time study at a university for a period of normally between three months and one academic year.  Priority will be given to students whose studies are part of a joint European project, or who intend to become teachers or trainers on their return. Grants will also be awarded to enable teachers in modern European languages to carry out further academic training in the Member States or in an eligible country.  (b) The Community may also provide grants to students from universities in the Community to spend a period of study in a university of an eligible country.  2. (a) The Community will provide support for teaching/training assignments for teaching staff at universities or for industry personnel in Member States to carry out teaching/training assignments for periods from one week to one academic year in eligible countries.  (b) The Community will also provide support aimed at enabling teaching staff at universities or industry personnel in eligible countries to carry out similar arrangements in Member States.  (c) With regard to (a) and (b), special attention will be paid to language lecturers who will teach modern European languages in the eligible country or Member State concerned.  3. (a) The Community will provide support for industrial or practical placements of one to six months for teachers, trainers and students to undertake a practical training period in public or private firms or other bodies.  (b) Such grants will be awarded for placements in Member States and in eligible countries.  4. The Community will also provide support for short visit grants for teachers, trainers, university administrators and other training experts to visit for a period of one week to one month a Member State or an eligible country in order to carry out various activities such as, in particular, preparing joint European projects.  5. All types of mobility grant will include support for linguistic preparation where necessary. ACTION 3  Complementary activities  1. Support will be provided to projects involving exchanges of young people and youth organizers between Member States and eligible countries.  2. Grants will be made to enable eligible countries to participate in the activities of European associations, notably associations of universities.  3. Support will be provided to facilitate publications and other information activities of particular importance in view of the overall objectives of Tempus.  4. Support will be provided for studies and surveys designated to analyse the development of the higher education/training systems in eligible countries. Support will be provided for a study of the demand for and practicability of exchanges of researchers between the eligible countries and the Member States. Depending on the results of the study, further consideration will be given to the provision of support for such exchanges.  5. The necessary technical assistance including coordination of the monitoring and evaluation of Tempus will be provided at Community level to underpin the activities undertaken in accordance with this Decision.


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31998D0258

98/258/EC: Council Decision of 16 March 1998 on the conclusion of the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products

Official Journal L 118 , 21/04/1998 P. 0001 - 0002

COUNCIL DECISION of 16 March 1998 on the conclusion of the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products (98/258/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with the first sentence of Article 228(2) thereof,Having regard to the proposal from the Commission,Whereas the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products provides an adequate means for putting into practice the provisions of the WTO Agreement on the application of sanitary and phytosanitary measures as regards public and animal health measures;Whereas the Agreement will contribute towards facilitating bilateral trade between the European Community and the United States of America in live animals and animal products through the progressive recognition of the equivalence of sanitary measures, the recognition of animal health status, the application of regionalisation and the improvement of communication and cooperation;Whereas it is appropriate to make provisions for a procedure establishing close and effective cooperation between the Commission and the Member States within the Standing Veterinary Committee;Whereas the Agreement should be approved on behalf of the Community,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products is hereby approved on behalf of the Community.The text of the Agreement and the Annexes thereto are attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person or persons empowered to sign the Agreement in order to bind the Community.Article 3The measures necessary for the implementation of this Agreement, including as regards fresh meat and meat-based products guarantees equivalent to those laid down by Directive 72/462/EEC (1), shall be established pursuant to the procedure laid down in Article 30 of that Directive.Article 4The Commission, assisted by Member States' representatives, shall represent the Community in the Joint Committee referred to in Article 14(1) of the Agreement.The Community position with regard to the matters to be dealt with by that Joint Committee shall be established within the appropriate Council bodies, in accordance with the provisions of the Treaty.Amendments to the Annexes to the Agreement which are the result of recommendations by the Joint Committee shall be adopted according to the procedure provided for in Article 29 of Directive 72/462/EEC.Article 5This Decision shall be published in the Official Journal of the European Communities. It shall take effect on the date of its publication.Done at Brussels, 16 March 1998.For the CouncilThe PresidentJ. CUNNINGHAM(1) OJ L 302, 31.12.1972, p. 28. Directive as last amended by Directive 97/79/EC (OJ L 24, 30.1.1998, p. 31).


title: Commission Decision of 13 January 2017 to replace a member of the REFIT Platform Stakeholder group

text:
               18.1.2017

               EN

               Official Journal of the European Union

               C 16/3

         COMMISSION DECISION
   of 13 January 2017
   to replace a member of the REFIT Platform Stakeholder group
   (2017/C 16/03)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Commission Decision C(2015) 3261 final of 19 May 2015 establishing the REFIT Platform, and in particular Article 4 thereof,
   Whereas:

               (1)

               Commission Decision C(2015) 3261 final establishing the REFIT Platform (hereinafter ‘the Platform’) provides in Article 4 that the Platform will comprise a ‘Government group’ and a ‘Stakeholder group’ and that the members of the Stakeholder group shall consist of up to 20 experts, two of them representing the European Economic and Social Committee and the Committee of the Regions and the rest from business, including from SMEs, and from social partners and civil society organisations having direct experience in the application of Union legislation. The experts in the stakeholder group shall be appointed in their personal capacity or to represent a common interest shared by a number of stakeholders.

               (2)

               The Decision provides in Article 4.4 that the Commission, on a proposal from the First Vice-President of the Commission, shall appoint members of the Stakeholder group selected from applicants having direct experience in the application of Union legislation, who have responded to the call for applications. The appointments shall ensure, to the extent possible, a balanced representation of the various sectors, interests and regions of the Union and gender. Article 4.5 of the Decision provides that Members shall be appointed until 31 October 2019. Pursuant to Article 4.6 of the Decision, Members who resign may be replaced for the reminder of their term of office.

               (3)

               Commission Decision C(2015) 9063 final of 16 December 2015 appointing the Members of the Stakeholder group of the REFIT Platform (1) provides that, should any Member of the Stakeholder group cease to be a Member during the term of office of the Platform, the First Vice-President may nominate a replacement from the initial list of candidates who responded to the call for expressions of interest to become Member of the Stakeholder group,

               (4)

               Following the resignation of Mr Juraj Krivošik as Member of the Stakeholder group as of 26 September 2016, the First Vice-President of the Commission has nominated Ms Sara Pereira to replace Mr Krivošik for the rest of his term of office.

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Ms Sara Pereira is appointed Member of the Stakeholder group of the REFIT Platform until 31 October 2019 (see Annex to this Decision).

      Done at Brussels, 13 January 2017.

            For the Commission

         Frans TIMMERMANS

            First Vice-President

      (1)  OJ C 425, 18.12.2015, p. 8.

      ANNEX

                  Name

                  Nationality

                  Representing a common interest shared by stakeholders in a particular policy area

                  Current employer

                  Ms Sara Pereira

                  PT

                  YES

                  Competitiveness and Technology Centre for Forest Industries (AIFF)