title: 2007/532/EC: Council Decision of 23 July 2007 on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community for the period from 1 June 2006 to  31 May 2010

text:
               7.8.2007

               EN

               Official Journal of the European Union

               L 205/59

         COUNCIL DECISION
   of 23 July 2007
   on the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community for the period from 1 June 2006 to 31 May 2010
   (2007/532/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 300(2) in conjunction with Article 37 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Community and the Democratic Republic of São Tomé and Príncipe have negotiated and initialled a Fisheries Partnership Agreement providing Community fishermen with fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Democratic Republic of São Tomé and Príncipe.

               (2)

               It is necessary to guarantee the pursuit of fishing activities between the date of expiry of the previous Protocol setting out the fishing opportunities off the coast of São Tomé and Príncipe and the date of entry into force of the new Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement.

               (3)

               To this end the Community and the Democratic Republic of São Tomé and Príncipe have initialled an Agreement in the form of an Exchange of Letters concerning the provisional application of the new Protocol.

               (4)

               It is in the Community's interest to approve that Agreement in the form of an Exchange of Letters.

               (5)

               The method for allocating the fishing opportunities among the Member States should be defined,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community for the period from 1 June 2006 to 31 May 2010 is hereby approved on behalf of the Community.
   The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
   Article 2
   The Agreement shall apply provisionally from 1 June 2006.
   Article 3
   The fishing opportunities set out in the Protocol to the Fisheries Partnership Agreement shall be allocated among the Member States as follows:

               Fishing category

               Type of vessel

               Member State

               Licences or quota

               Tuna fishing

               Freezer tuna seiners

               Spain

               13

               France

               12

               Tuna fishing

               Surface longliners

               Spain

               13

               Portugal

               5

         If licence applications from these Member States do not cover all the fishing opportunities laid down by the Protocol to the Fisheries Partnership Agreement, the Commission may take into consideration licence applications from any other Member State.
   Article 4
   The Member States whose vessels fish under this Agreement in the form of an Exchange of Letters shall notify the Commission of the quantities of each stock caught within São Tomé and Príncipe's fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (1).
   Article 5
   The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.

      Done at Brussels, 23 July 2007.

            For the Council

            The President

         L. AMADO

      (1)  OJ L 73, 15.3.2001, p. 8.
   AGREEMENT
   in the form of an Exchange of Letters on the provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement between the Democratic Republic of São Tomé and Príncipe and the European Community for the period from 1 June 2006 to 31 May 2010
   Sir,
   Referring to the Protocol initialled on Thursday 25 May 2006 setting out the fishing opportunities and financial contribution for the period from 1 June 2006 to 31 May 2010, I have the honour to inform you that the Government of the Democratic Republic of São Tomé and Príncipe is willing to apply this Protocol provisionally from 1 June 2006 pending its entry into force in accordance with Article 12 thereof, provided that the European Community is prepared to do likewise.
   This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid before 15 May 2007.
   I should be grateful if you would confirm the agreement of the European Community to such a provisional application.
   Please accept, Sir, the assurance of my highest consideration.

         For the Government of São Tomé and Príncipe

   Sir,
   I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

      ‘Referring to the Protocol initialled on Thursday 25 May 2006 setting out the fishing opportunities and financial contribution for the period from 1 June 2006 to 31 May 2010, I have the honour to inform you that the Government of the Democratic Republic of São Tomé and Príncipe is willing to apply this Protocol provisionally from 1 June 2006 pending its entry into force in accordance with Article 12 thereof, provided that the European Community is prepared to do likewise.
      This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid before 15 May 2007.’

   I am pleased to confirm the agreement of the European Community to a provisional application.
   Please accept, Sir, the assurance of my highest consideration.

         On behalf of the European Community


title: 2012/648/EU: Council Decision of 16 October 2012 appointing a Belgian member and a Belgian alternate member of the Committee of the Regions

text:
               18.10.2012

               EN

               Official Journal of the European Union

               L 287/12

         COUNCIL DECISION
   of 16 October 2012
   appointing a Belgian member and a Belgian alternate member of the Committee of the Regions
   (2012/648/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Belgian Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Paul FICHEROULLE.

               (3)

               An alternate member’s seat will become vacant following the appointment of Mr Marc HENDRICKX as member of the Committee of the Regions,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               (a)

               as member:

                           —

                           Mr Marc HENDRICKX, Vlaams Volksvertegenwoordiger;

                     and

               (b)

               as alternate member:

                           —

                           Mr Karim VAN OVERMEIRE, Vlaams Volksvertegenwoordiger.

         Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 16 October 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


title: Council Decision of 21 October 2010 on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, with regard to the adoption of provisions on the coordination of social security systems

text:
               23.11.2010

               EN

               Official Journal of the European Union

               L 306/14

         COUNCIL DECISION
   of 21 October 2010
   on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, with regard to the adoption of provisions on the coordination of social security systems
   (2010/699/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 70 of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (1) (‘the Agreement’), provides that the Association Council shall adopt provisions to implement the principles on the coordination of social security systems as set out in Article 68 of the Agreement before the end of the first year following its entry into force.

               (2)

               In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (3)

               In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (‘the Agreement’), concerning the implementation of Article 70 of the Agreement, shall be based on the draft decision of the Association Council attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 21 October 2010.

            For the Council

            The President

         J. MILQUET

      (1)  OJ L 265, 10.10.2005, p. 2.
    ---documentbreak---

               23.11.2010

               EN

               Official Journal of the European Union

               L 306/15

         Draft
   DECISION No …/… OF THE ASSOCIATION COUNCIL
   set up by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part,
   of …
   with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement
   THE ASSOCIATION COUNCIL,
   Having regard to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (1), and in particular Article 70 thereof,
   Whereas:

               (1)

               Articles 68 to 71 of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (‘the Agreement’), provide for the coordination of the social security systems of Algeria and the Member States. Article 68 lays down the principles for such coordination.

               (2)

               Article 70 of the Agreement provides that the Association Council shall adopt a decision implementing the principles set out in Article 68 before the end of the first year following the entry into force of the Agreement.

               (3)

               With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other contracting party, where such facts or events are not taken into account under the legislation of the first contracting party, other than the right to export certain benefits.

               (4)

               In applying this Decision, the right of Algerian workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another state, for instance Algeria.

               (5)

               Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Algerian workers in the various Member States regarding entitlement to certain benefits, as set out in Article 68(2) of the Agreement.

               (6)

               It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Algeria, in order to facilitate the application of the coordination rules.

               (7)

               To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Algeria, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Algeria as well as between the person concerned and the institution of the competent state.

               (8)

               Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force,

         HAS ADOPTED THIS DECISION:
   PART I

      GENERAL PROVISIONS

   Article 1
   Definitions
   1.   For the purposes of this Decision:

               (a)

               ‘Agreement’ means the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part;

               (b)

               ‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union;

               (c)

               ‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4);

               (d)

               ‘Member State’ means a Member State of the European Union;

               (e)

               ‘worker’ means:

                           (i)

                           for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation;

                           (ii)

                           for the purposes of the legislation of Algeria, a person pursuing an activity as an employed person within the meaning of that legislation;

               (f)

               ‘member of the family’ means:

                           (i)

                           for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation;

                           (ii)

                           for the purposes of the legislation of Algeria, a member of the family within the meaning of that legislation;

               (g)

               ‘legislation’ means:

                           (i)

                           in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation;

                           (ii)

                           in relation to Algeria, the corresponding relevant legislation as applicable in Algeria;

               (h)

               ‘benefits’ means:

                           (i)

                           in relation to the Member States, benefits within the meaning of Article 3 of the Regulation;

                           (ii)

                           in relation to Algeria, the corresponding benefits applying in Algeria;

               (i)

               ‘exportable benefits’ means:

                           (i)

                           in relation to the Member States:

                                       —

                                       old-age pensions,

                                       —

                                       survivors’ pensions,

                                       —

                                       pensions in respect of accidents at work and occupational diseases,

                                       —

                                       invalidity pensions related to accidents at work and occupational diseases,

                                 within the meaning of the Regulation, with the exception of special non-contributory cash benefits as listed in Annex X to the Regulation;

                           (ii)

                           in relation to Algeria, the corresponding benefits provided under the legislation of Algeria, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision.

         2.   Other terms used in this Decision shall have the meaning which is assigned to them:

               (a)

               in relation to the Member States, in the Regulation and the implementing Regulation;

               (b)

               in relation to Algeria, in the relevant legislation as applicable in Algeria.

         Article 2
   Persons covered
   This Decision shall apply:

               (a)

               to workers who are Algerian nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors;

               (b)

               to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State;

               (c)

               to workers who are nationals of a Member State who are or have been legally employed in the territory of Algeria and who are or have been subject to the legislation of Algeria, and their survivors; and

               (d)

               to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Algeria.

         Article 3
   Equality of treatment
   1.   Workers who are Algerian nationals and are legally employed in a Member State and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the Member States in which those workers are employed.
   2.   Workers who are nationals of a Member State and are legally employed in Algeria and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to Algerian nationals.
   PART II

      RELATIONS BETWEEN THE MEMBER STATES AND ALGERIA

   Article 4
   Waiving of Residence Clauses
   1.   Exportable benefits within the meaning of Article 1(1)(i) to which the persons as referred to in Article 2(a) and (c) are entitled shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the beneficiary is residing:

               (i)

               for the purpose of a benefit under the legislation of a Member State, within the territory of Algeria; or

               (ii)

               for the purpose of a benefit under the legislation of Algeria, within the territory of a Member State.

         2.   Family members of a worker as referred to in Article 2(b) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of the Member State concerned when these family members reside within the territory of Algeria.
   3.   Family members of a worker as referred to in Article 2(d) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of Algeria when these family members reside within the territory of a Member State.
   PART III

      MISCELLANEOUS PROVISIONS

   Article 5
   Cooperation
   1.   The Member States and Algeria shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.
   2.   For the purposes of this Decision, the authorities and institutions of the Member States and of Algeria shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of Algeria may agree to certain expenses being reimbursed.
   3.   The authorities and institutions of the Member States and of Algeria may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.
   4.   The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.
   5.   The persons concerned must inform the institutions of the competent Member State or Algeria, where the latter is the competent state, and of the Member State of residence or Algeria, where the latter is the state of residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.
   6.   Failure to respect the obligation of information referred to in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.
   7.   The Member States and Algeria may provide for national provisions that establish conditions for the verification of entitlement to benefits to take into account the fact that the beneficiaries are staying or residing outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and in accordance with the principles of this Decision. Such provisions shall be notified to the Association Council.
   Article 6
   Administrative Checks and Medical Examinations
   1.   This Article shall apply to the persons as referred to in Article 2 and in receipt of exportable benefits as referred to in Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.
   2.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing within the territory of a Member State when the debtor institution is located in Algeria or in Algeria when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of that institution, by the institution of the beneficiary’s place of stay or residence in accordance with the procedures laid down by the legislation applied by that institution.
   The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.
   The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.
   The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefit is staying or residing or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
   3.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing in the territory of a Member State when the debtor institution is located in Algeria or in Algeria when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.
   The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.
   The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
   4.   One or more Member States and Algeria may agree on other administrative provisions, subject to their informing the Association Council thereof.
   5.   As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.
   Article 7
   Application of Article 104 of the Agreement
   Article 104 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations as laid down in Articles 5 and 6.
   Article 8
   Special provisions for the application of the legislation of Algeria
   The Association Council may, if necessary, lay down special provisions for the application of the legislation of Algeria in Annex II.
   Article 9
   Administrative procedures from existing bilateral agreements
   Administrative procedures contained in existing bilateral agreements between a Member State and Algeria may continue to apply provided that those procedures do not adversely affect the rights or obligations of the persons concerned established by this Decision.
   Article 10
   Agreements supplementing the procedures for implementing this Decision
   One or more Member States and Algeria may conclude agreements designed to supplement the administrative procedures for implementing this Decision especially with regard to preventing and combating fraud and error.
   PART IV

      TRANSITIONAL AND FINAL PROVISIONS

   Article 11
   Transitional provisions
   1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.
   2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.
   3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.
   4.   If a request as referred to in paragraph 3 is submitted within 2 years from the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from the date of entry into force of this Decision, and the legislation of any Member State or Algeria concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.
   5.   If a request as referred to in paragraph 3 is submitted after the expiry of the 2-year period following the date of entry into force of this Decision, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or Algeria.
   Article 12
   Annexes to this Decision
   1.   The Annexes to this Decision constitute an integral part thereof.
   2.   At the request of Algeria, the Annexes may be amended by a decision of the Association Council.
   Article 13
   Entry into force
   This Decision shall enter into force on the first day of the first month following its publication in the Official Journal of the European Union.

      Done at …, …

            For the Association Council

            The President

      (1)  OJ L 265, 10.10.2005, p. 2.

      (2)  OJ L 124, 20.5.2003, p. 1.

      (3)  OJ L 166, 30.4.2004, p. 1.

      (4)  OJ L 284, 30.10.2009, p. 1.
   ANNEX I

      LIST OF ALGERIAN SPECIAL NON-CONTRIBUTORY CASH BENEFITS

   …
   ANNEX II

      SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF ALGERIA

   …


Avis juridique important

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31985D0474

85/474/EEC: Commission Decision of 16 September 1985 concerning applications for reimbursement and the payment of advances in respect of certain measures to adjust capacity in the fisheries sector

Official Journal L 284 , 24/10/1985 P. 0001 - 0007 Spanish special edition: Chapter 04 Volume 4 P. 0010  Portuguese special edition Chapter 04 Volume 4 P. 0010

COMMISSION DECISIONof 16 September 1985concerning  applications for reimbursement and the payment of advances in respect of certain measures to adjust  capacity in the fisheries sector(85/474/EEC)THE COMMISSION OF THE EUROPEAN  COMMUNITIES,Having regard to the Treaty establishing the European Economic Community,Having regard  to Council Directive 83/515/EEC of 4 Oc-tober 1983 concerning certain measures to adjust capacity  in the fisheries sector (1), and in particular Article 10 (4) thereof,Whereas applications for  reimbursement and the payment of advances to be submitted by the Member States to the Commission  must contain certain particulars which show that the expenditure complies with Directive 83/515/EEC  and relates to measures approved by the Commission in accordance with Article 7 of that  Directive;Whereas, in order to enable an effective check to be made, Member States must keep the  supporting documents on the basis of which the aids were calculated at the disposal of the  Commission for a period of three years following payment of the final reimbursement;Whereas, in  order to give effect to the possibility afforded the Commission of making advance payments,  detailed rules and procedures must be laid down;Whereas the measures provided for in this Decision  are in accordance with the opinion of the Standing Committee for the Fishing Industry,HAS ADOPTED  THIS DECISION:Article 1Applications for reimbursement as referred to in  Article10 (1) of Directive 83/515/EEC shall comply with the tables contained in Annexes 1, 2 and  3. Article 2Member States shall keep at the disposal of the Commission for a period of three years  following payment of the final reimbursement all supporting documents or certified copies thereof  on the basis of which the aids provided for in Directive 83/515/EEC were calculated, and the  complete files of the beneficiaries.Article 3Applications for the advance payments referred to in  Article 10 (3) of Directive 83/515/EEC shall be submitted by the relevant Member State. Such  applications shall be drawn up in the form set out in Annex 4.Article 41.  Advance payments shall  not exceed 25 % of the amount of eligible expenditure expected to be incurred in the year to which  such payment relates.2.  Advance payments which are not used in the year in respect of which they  were paid shall be deducted from the advance payment to be made for the following year. The  Commission may require the Member State concerned to reimburse all or part of the advance payment  made where such deduction is not possible.Article 51.  At the end of each year for which advance  payments have been made to them, Member States shall establish a report on the operations carried  out during that year. Thisreport shall reach the Commission by 1 June of the following year. 2.  Advance payments for the following year shall not be made until the report referred to in  paragraph 1 has been submitted to the Commission.Article 6The list of vessels for which the final  cessation premium has been granted shall be drawn up using a form the model ofwhich is shown in  Annex 5. It shall be forwarded to the Commission prior to the application for reimbursement. Article 7This Decision is addressed to the Member States.Done at Brussels, 16  September 1985.For the CommissionFrans ANDRIESSENVice-President(1) OJ N° L  290, 22. 10. 1983, p. 15.  ANNEX 1 APPLICATION FOR REIMBURSEMENT OF EXPENDITURE INCURRED IN 19.. PURSUANT TO  COUNCIL DIRECTIVE 83/515/EECSUMMARY TABLE(in national currency)     >TABLE>Net  total(1) Give details on an attached sheet. It is hereby confirmed that: Provisions concerning all measures- the expenditure in respect of which reimbursement has been  applied for relates to the measuresapproved by the Commission in Decision N°  ................................ of ................................ - beneficiaries are notified in the appropriate manner of the percentage of the Community's  financial contribution. Provisions concerning the measures involving permanent reduction of capacityReimbursement is  applied for only in respect of fishing vessels the length of which between perpendiculars is 12  meters or more which engaged in fishing for at least 100 days during the calendar year preceding  the application for the final cessation premium. This authority has taken the steps necessary to ensure that vessels for which a final cessation  premium has been paid and which are listed in Annex are permanently barred from fishing in  Community waters. Provisions concerning measures involving temporary reduction of capacityReimbursement is applied  for only in respect of vessels the length of which between perpendiculars is18 meters or more and  which were commissioned after 1 January 1958. Vessels for which reimbursement of the laying-up  premium has been applied for engaged in fishing for at least 120 days during the calendar year  preceding the first application for such a premium. Date, stamp and signature of the competent authority ANNEX 2 APPLICATION FOR REIMBURSEMENT OF EXPENDITURE INCURRED IN 19.. PURSUANT TO  ARTICLE 3 OF DIRECTIVE 83/515/EEC (TEMPORARY REDUCTION OF CAPACITY)>TABLE> ANNEX 4 APPLICATION FOR AN ADVANCE PAYMENT FOR 19.. PURSUANT TO DIRECTIVE 83/515/EEC> TABLE POSITION>1.  Eligible expenditure expectedto be incurred in 19=  .............................. (in national currency)2.  Amount of advance payment applied for   (maximum 25 % of 1)= .............................. (in national currency)B. >TABLE>1.  Eligible expenditure expectedto be incurred in 19=  .............................. (in national currency)2.  Amount of advance payment applied for   (maximum 25 % of 1)= .............................. (in national currency)Date, stamp and  signature of competent authority ANNEX 5 DESCRIPTION OF EACH VESSEL FOR WHICH A FINAL CESSATION PREMIUM HAS BEEN  GRANTED1.  Identification prior to transfer:   Name of vessel or lastregistration number: Year of construction: Shipyard:Type of vessel:Radio code(if available): LOA: LPP: GRT: HP or kW:  2.  Date of removal from register of fishing vessels  End-use: - scrappingq- definitive transfer to a third country (¹)q- assignment to purposes other than  fishing (²)q3.  Amount of the premium paid by the Member State: ...............................  (in national currency)It is hereby certified that the above information concerning the vessel in  question is accurate and accords with the facts. Date, stamp and signature of competent authority(¹) Country of destination:(²) Specify future type  of activity:


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31979D0721

79/721/EEC: Council Decision of 16 August 1979 concerning the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Swiss Confederation on the extension of the Community network for data transmission (Euronet) to the territory of Switzerland

Official Journal L 214 , 22/08/1979 P. 0018

****( 1 ) OJ NO L 311 , 4 . 11 . 1978 , P . 1 .        COUNCIL DECISION   OF 16 AUGUST 1979   CONCERNING THE CONCLUSION OF THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SWISS CONFEDERATION ON THE EXTENSION OF THE COMMUNITY NETWORK FOR DATA TRANSMISSION ( EURONET ) TO THE TERRITORY OF SWITZERLAND  ( 79/721/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL DECISION 78/887/EEC OF 9 OCTOBER 1978 ADOPTING A SECOND THREE-YEAR PLAN OF ACTION IN THE FIELD OF SCIENTIFIC AND TECHNICAL INFORMATION AND DOCUMENTATION ( 1 ), AND IN PARTICULAR ARTICLE 3 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   WHEREAS THE COMMISSION HAS , PURSUANT TO ARTICLE 3 OF DECISION 78/887/EEC , NEGOTIATED AN AGREEMENT WITH THE SWISS CONFEDERATION WITH A VIEW TO EXTENDING EURONET ;   WHEREAS , THEREFORE , THAT AGREEMENT SHOULD BE CONCLUDED ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SWISS CONFEDERATION ON THE EXTENSION OF THE COMMUNITY NETWORK FOR DATA TRANSMISSION ( EURONET ) TO THE TERRITORY OF SWITZERLAND IS HEREBY APPROVED ON BEHALF OF THE EUROPEAN ECONOMIC COMMUNITY .   THE TEXT OF THE AGREEMENT IS ANNEXED HERETO .   ARTICLE 2   THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSON EMPOWERED TO SIGN THE AGREEMENT IN ORDER TO BIND THE COMMUNITY .   DONE AT BRUSSELS , 16 AUGUST 1979 .   FOR THE COUNCIL   THE PRESIDENT   M . O ' KENNEDY ****    AGREEMENT   IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SWISS CONFEDERATION ON THE EXTENSION OF THE COMMUNITY NETWORK FOR DATA TRANSMISSION  ( EURONET ) TO SWITZERLAND   BRUSSELS , . . . . . . SIR ,   OVER THE PAST TWO YEARS , CONSIDERABLE EFFORTS HAVE BEEN MADE IN EUROPE , ESPECIALLY BY THE EUROPEAN COMMUNITIES , BOTH IN THE FIELD OF DATA TRANSMISSION BY PACKET-SWITCHING AND IN THE FIELD OF SCIENTIFIC AND TECHNICAL INFORMATION AND DOCUMENTATION . THIS IS ILLUSTRATED BY THE FOLLOWING , GIVEN IN CHRONOLOGICAL ORDER :   -  THE CONCLUSION , ON 23 NOVEMBER 1973 , OF THE AGREEMENT ON THE IMPLEMENTATION OF A EUROPEAN INFORMATION NETWORK ( COST PROJECT 11 ) BETWEEN THE EUROPEAN ATOMIC ENERGY COMMUNITY , THE FEDERAL REPUBLIC OF GERMANY , FRANCE , ITALY , THE NETHERLANDS , NORWAY , PORTUGAL , SWEDEN , SWITZERLAND , THE UNITED KINGDOM AND YUGOSLAVIA TO TRANSMIT DATA USING PACKET-SWITCHING TECHNOLOGY ,   -  THE RESOLUTION OF THE COUNCIL OF THE EUROPEAN COMMUNITIES OF 14 JANUARY 1974 ON AN INITIAL OUTLINE PROGRAMME OF THE EUROPEAN COMMUNITIES IN THE FIELD OF SCIENCE AND TECHNOLOGY IN WHICH THE COUNCIL STRESSED THAT THIRD COUNTRIES , ESPECIALLY EUROPEAN COUNTRIES , SHOULD BE GIVEN THE OPPORTUNITY OF TAKING PART IN THE PROJECT CONCERNED WHENEVER IT WAS FOUND NECESSARY OR DESIRABLE ,   -  THE DECISION OF THE COUNCIL OF THE EUROPEAN COMMUNITIES OF 18 MARCH 1975 AND 9 OCTOBER 1978 ADOPTING THREE-YEAR ACTION PLANS ON SCIENTIFIC AND TECHNICAL INFORMATION AND DOCUMENTATION AND PROVIDING FOR THE SETTING UP OF A TELECOMMUNICATIONS NETWORK ( HEREINAFTER CALLED ' EURONET ' ) TO PROVIDE COMMUNITY USERS WITH RELIABLE , RAPID AND ECONOMIC ACCESS TO THE SCIENTIFIC , TECHNICAL , ECONOMIC AND SOCIAL DOCUMENTATION AND DATA AVAILABLE ,   -  THE FORMATION , BY THE TELECOMMUNICATIONS ADMINISTRATIONS OF THE MEMBER STATES OF THE COMMUNITY , OF A CONSORTIUM BY A MULTILATERAL CONVENTION ( HEREINAFTER CALLED ' THE CONVENTION ' ), SIGNED ON 11 DECEMBER 1975 , TO SET UP AND RUN EURONET AND TO INSTRUCT FRANCE TO CONCLUDE A CONTRACT TO THIS EFFECT WITH THE COMMUNITY ( HEREINAFTER CALLED ' THE CONTRACT ' ), WHICH WAS SIGNED ON 15 DECEMBER 1975 ,   -  THE DECISION OF THE COUNCIL OF THE EUROPEAN COMMUNITIES OF 9 OCTOBER 1978 ADOPTING A SECOND THREE-YEAR PLAN OF ACTION IN THE FIELD OF SCIENTIFIC AND TECHNICAL INFORMATION AND DOCUMENTATION AND PROVIDING THE POSSIBILITY FOR THE COMMUNITY TO CONCLUDE COOPERATION AGREEMENTS WITH THIRD COUNTRIES PARTICIPATING IN THE EUROPEAN CONFERENCE OF POSTAL AND TELECOMMUNICATIONS ADMINISTRATIONS ( CEPT ).   TAKING ACCOUNT OF THE ABOVE , REPRESENTATIVES OF THE SWISS FEDERAL COUNCIL AND OF THE COMMISSION OF THE EUROPEAN COMMUNITIES MET ON SEVERAL OCCASIONS BETWEEN 1 DECEMBER 1977 AND 26 MARCH 1979 TO STUDY THE EXTENSION OF EURONET TO SWITZERLAND SO AS TO GIVE SWISS USERS ACCESS TO INFORMATION SERVICES IN THE COMMUNITY , AND COMMUNITY USERS ACCESS TO INFORMATION SERVICES IN SWITZERLAND . A FURTHER AIM OF THE MEETINGS WAS TO CARRY OUT A JOINT ANALYSIS OF THE ARRANGEMENTS WHICH WOULD PROVIDE THE INFORMATION SERVICES IN SWITZERLAND OR THE COMMUNITY WITH MUTUAL ACCESS TO THE INFORMATION SOURCES OF BOTH PARTIES .   FOR THE PURPOSE OF ACHIEVING THIS COOPERATION , I HAVE THE HONOUR OF MAKING THE FOLLOWING PROPOSALS :   1 . EURONET SHALL BE EXTENDED TO THE TERRITORY OF SWITZERLAND UNDER AN AGREEMENT BETWEEN THE SWISS PTT ADMINISTRATIONS AND THE TELECOMMUNICATIONS ADMINISTRATIONS REPRESENTED IN THE EURONET CONSORTIUM . THIS EXTENSION WILL TAKE PLACE UNDER THE CONDITIONS LAID DOWN FOR THE WHOLE NETWORK , TAKING INTO ACCOUNT THE CONVENTION , THE CONTRACT , THE ADDENDA THERETO AND THE NEW ADDENDUM TO THE CONTRACT WHICH WILL BE CONCLUDED BETWEEN THE COMMUNITY AND FRANCE WITH A VIEW TO SWISS PARTICIPATION .   2 . THE SWISS PTT UNDERTAKING AND THE TELECOMMUNICATIONS ADMINISTRATIONS OF THE MEMBER STATES OF THE COMMUNITY WILL SETTLE JOINTLY THE TECHNICAL QUESTIONS RELATING TO THE CONNECTION OF THE TERMINALS AND HOSTS , AND THE FINANCIAL PROBLEMS ARISING FROM THE EXTENSION OF EURONET TO SWITZERLAND .   3 . THE TERMINALS INSTALLED IN SWITZERLAND OR IN THE COMMUNITY WILL BE GUARANTEED , IN A NON-DISCRIMINATORY MANNER AND ON A RECIPROCAL BASIS , CONNECTION AND ACCESS TO EURONET WITHIN THE FRAMEWORK OF THE INTERNATIONAL AND NATIONAL PROVISIONS IN FORCE .   4 . THE HOSTS LOCATED IN SWITZERLAND OR IN THE COMMUNITY WILL BE GUARANTEED , IN A NON- DISCRIMINATORY MANNER AND ON A RECIPROCAL BASIS , THE POSSIBILITY OF CONNECTION AND ACCESS TO EURONET WITHIN THE FRAMEWORK OF THE INTERNATIONAL AND NATIONAL PROVISIONS IN FORCE .   5 . EACH PARTY SHALL ENDEAVOUR , IN A SPIRIT OF HEALTHY AND FAIR COMPETITION AND WITH THE AIM OF SAFEGUARDING THE INTERESTS OF THE USERS AND ENSURING THE EFFICIENT AND ECONOMIC OPERATION OF THE NETWORK , TO ENFORCE  -  UNDER THE CURRENT PROVISIONS  -  THE OBSERVANCE BY THE HOSTS CONNECTED TO EURONET OF A CODE OF CONDUCT AS CLOSELY AS POSSIBLE IN LINE WITH THE JOINT DECLARATION OF INTENT GIVEN IN THE ANNEX . SWISS HOSTS MAY PARTICIPATE IN THE EURONET HOST COMMITTEE .   6 . THE RIGHT OF THE SWISS PTT UNDERTAKING TO USE FOR THIRD-PARTY TRAFFIC ALL EURONET CAPACITY NOT REQUIRED FOR THE SCIENTIFIC AND TECHNICAL INFORMATION AND DOCUMENTATION NETWORK IS NOT AFFECTED , GIVEN THAT THE PRINCIPLE OF NON-DISCRIMINATION DOES NOT APPLY TO THIRD-PARTY TRAFFIC .   7 . SWISS EXPERTS MAY PARTICIPATE AS EQUAL PARTNERS IN WORK TO DEVELOP ADDITIONAL TECHNICAL SPECIFICATIONS , ESTABLISH NEW GENERAL PROVISIONS FOR EURONET AND TO TRAIN USERS .   8 . THE PARTIES WILL TAKE ALL APPROPRIATE MEASURES TO ARRIVE AT A JOINT SOLUTION TO THE PROBLEMS RELATING TO THE SETTING UP , MANAGEMENT AND POSSIBLE EXTENSION OF EURONET NOT COVERED BY POINTS 1 AND 2 . THE PARTIES WILL HOLD CONSULTATIONS THROUGH DIPLOMATIC CHANNELS FOR THIS PURPOSE .   9 . SHOULD EURONET BE EXTENDED TO OTHER STATES WHICH ARE MEMBERS OF CEPT , RELATIONS BOTH BETWEEN SWITZERLAND AND THE COMMUNITY AND THOSE WITH THE STATES IN QUESTION WILL BE SUBJECT TO PRIOR CONSULTATION THROUGH DIPLOMATIC CHANNELS .   10 . THE POSSIBLE CONNECTION TO EURONET :   -  OF HOSTS ESTABLISHED IN THE STATES WHICH ARE MEMBERS OF CEPT AND TO WHICH THE NETWORK HAS NOT BEEN EXTENDED ,   -  OF HOSTS ESTABLISHED IN STATES WHICH ARE NOT MEMBERS OF CEPT ,   -  OF FOREIGN NETWORKS ,   CAN BE AFFECTED ONLY WITH THE AGREEMENT OF THE PARTIES AND OF THE TELECOMMUNICATIONS ADMINISTRATIONS IN QUESTION .   11 . THE PARTIES WILL INFORM EACH OTHER REGULARLY ON THE PROGRESS MADE IN THE AFOREMENTIONED SPHERE . IN PARTICULAR , THEY WILL EXCHANGE , AS FAR IN ADVANCE AS POSSIBLE , ALL RELEVANT INFORMATION RELATING TO PROJECTS TO CONNECT HOSTS AND DATA BASES OR BANKS . SUCH EXCHANGES OF INFORMATION WILL BE MADE THROUGH DIPLOMATIC CHANNELS .   12 . THE COOPERATION PROVIDED FOR WILL LAPSE ON 31 DECEMBER 1983 , BUT MAY BE TERMINATED BEFORE THAT DATE BY EITHER PARTY SUBJECT TO ONE YEAR ' S NOTICE .   IF YOU ARE ABLE TO CONFIRM IN WRITING YOUR AGREEMENT TO THE AFORESAID , THE TWO PARTIES WILL CONSIDER THIS EXCHANGE OF LETTERS AS A STATEMENT OF THEIR AIMS AND OF THE FORMS OF THEIR COOPERATION CONCERNING EURONET . THIS EXCHANGE OF LETTERS WILL ENTER INTO FORCE ON THE DATE ON WHICH YOUR REPLY IS SIGNED .   PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .   THE SWISS AMBASSADOR   TO THE EUROPEAN COMMUNITIES ****    BRUSSELS , . . . . . . SIR ,   I HAVE THE HONOUR TO ACKNOWLEDGE RECEIPT OF YOUR LETTER OF TODAY ' S DATE , WHICH READS AS FOLLOWS :   ' OVER THE PAST TWO YEARS , CONSIDERABLE EFFORTS HAVE BEEN MADE IN EUROPE , ESPECIALLY BY THE EUROPEAN COMMUNITIES , BOTH IN THE FIELD OF DATA TRANSMISSION BY PACKET-SWITCHING AND IN THE FIELD OF SCIENTIFIC AND TECHNICAL INFORMATION AND DOCUMENTATION . THIS IS ILLUSTRATED BY THE FOLLOWING , GIVEN IN CHRONOLOGICAL ORDER :   -  THE CONCLUSION , ON 23 NOVEMBER 1973 , OF THE AGREEMENT ON THE IMPLEMENTATION OF A EUROPEAN INFORMATION NETWORK ( COST PROJECT 11 ) BETWEEN THE EUROPEAN ATOMIC ENERGY COMMUNITY , THE FEDERAL REPUBLIC OF GERMANY , FRANCE , ITALY , THE NETHERLANDS , NORWAY , PORTUGAL , SWEDEN , SWITZERLAND , THE UNITED KINGDOM AND YUGOSLAVIA TO TRANSMIT DATA USING PACKET-SWITCHING TECHNOLOGY ,   -  THE RESOLUTION OF THE COUNCIL OF THE EUROPEAN COMMUNITIES OF 14 JANUARY 1974 ON AN INITIAL OUTLINE PROGRAMME OF THE EUROPEAN COMMUNITIES IN THE FIELD OF SCIENCE AND TECHNOLOGY IN WHICH THE COUNCIL STRESSED THAT THIRD COUNTRIES , ESPECIALLY EUROPEAN COUNTRIES , SHOULD BE GIVEN THE OPPORTUNITY OF TAKING PART IN THE PROJECT CONCERNED WHENEVER IT WAS FOUND NECESSARY OR DESIRABLE ,   -  THE DECISION OF THE COUNCIL OF THE EUROPEAN COMMUNITIES OF 18 MARCH 1975 AND 9 OCTOBER 1978 ADOPTING THREE-YEAR ACTION PLANS ON SCIENTIFIC AND TECHNICAL INFORMATION AND DOCUMENTATION AND PROVIDING FOR THE SETTING UP OF A TELECOMMUNICATIONS NETWORK ( HEREINAFTER CALLED  " EURONET " ) TO PROVIDE COMMUNITY USERS WITH RELIABLE , RAPID AND ECONOMIC ACCESS TO THE SCIENTIFIC , TECHNICAL , ECONOMIC AND SOCIAL DOCUMENTATION AND DATA AVAILABLE ,   -  THE FORMATION , BY THE TELECOMMUNICATIONS ADMINISTRATIONS OF THE MEMBER STATES OF THE COMMUNITY , OF A CONSORTIUM BY A MULTILATERAL CONVENTION ( HEREINAFTER CALLED  " THE CONVENTION " ), SIGNED ON 11 DECEMBER 1975 , TO SET UP AND RUN EURONET AND TO INSTRUCT FRANCE TO CONCLUDE A CONTRACT TO THIS EFFECT WITH THE COMMUNITY ( HEREINAFTER CALLED  " THE CONTRACT " ), WHICH WAS SIGNED ON 15 DECEMBER 1975 ),   -  THE DECISION OF THE COUNCIL OF THE EUROPEAN COMMUNITIES OF 9 OCTOBER 1978 ADOPTING A SECOND THREE-YEAR PLAN OF ACTION IN THE FIELD OF SCIENTIFIC AND TECHNICAL INFORMATION AND DOCUMENTATION AND PROVIDING THE POSSIBILITY FOR THE COMMUNITY TO CONCLUDE COOPERATION AGREEMENTS WITH THIRD COUNTRIES PARTICIPATING IN THE EUROPEAN CONFERENCE OF POSTAL AND TELECOMMUNICATIONS ADMINISTRATIONS ( CEPT ).   TAKING ACCOUNT OF THE ABOVE , REPRESENTATIVES OF THE SWISS FEDERAL COUNCIL AND OF THE COMMISSION OF THE EUROPEAN COMMUNITIES MET ON SEVERAL OCCASIONS BETWEEN 1 DECEMBER 1977 AND 26 MARCH 1979 TO STUDY THE EXTENSION OF EURONET TO SWITZERLAND SO AS TO GIVE SWISS USERS ACCESS TO INFORMATION SERVICES IN THE COMMUNITY , AND COMMUNITY USERS ACCESS TO INFORMATION SERVICES IN SWITZERLAND . A FURTHER AIM OF THE MEETINGS WAS TO CARRY OUT A JOINT ANALYSIS OF THE ARRANGEMENTS WHICH WOULD PROVIDE THE INFORMATION SERVICES IN SWITZERLAND OR THE COMMUNITY WITH MUTUAL ACCESS TO THE INFORMATION SOURCES OF BOTH PARTIES .   FOR THE PURPOSE OF ACHIEVING THIS COOPERATION , I HAVE THE HONOUR OF MAKING THE FOLLOWING PROPOSALS :   1 . EURONET SHALL BE EXTENDED TO THE TERRITORY OF SWITZERLAND UNDER AN AGREEMENT BETWEEN THE SWISS PTT ADMINISTRATIONS AND THE TELECOMMUNICATIONS ADMINISTRATIONS REPRESENTED IN THE EURONET CONSORTIUM . THIS EXTENSION WILL TAKE PLACE UNDER THE CONDITIONS LAID DOWN FOR THE WHOLE NETWORK , TAKING INTO ACCOUNT THE CONVENTION , THE CONTRACT , THE ADDENDA THERETO AND THE NEW ADDENDUM TO THE CONTRACT WHICH WILL BE CONCLUDED BETWEEN THE COMMUNITY AND FRANCE WITH A VIEW TO SWISS PARTICIPATION .   2 . THE SWISS PTT UNDERTAKING AND THE TELECOMMUNICATIONS ADMINISTRATIONS OF THE MEMBER STATES OF THE COMMUNITY WILL SETTLE JOINTLY THE TECHNICAL QUESTIONS RELATING TO THE CONNECTION OF THE TERMINALS AND HOSTS , AND THE FINANCIAL PROBLEMS ARISING FROM THE EXTENSION OF EURONET TO SWITZERLAND .   3 . THE TERMINALS INSTALLED IN SWITZERLAND OR IN THE COMMUNITY WILL BE GUARANTEED , IN A NON-DISCRIMINATORY MANNER AND ON A RECIPROCAL BASIS , CONNECTION AND ACCESS TO EURONET WITHIN THE FRAMEWORK OF THE INTERNATIONAL AND NATIONAL PROVISIONS IN FORCE .   4 . THE HOSTS LOCATED IN SWITZERLAND OR IN THE COMMUNITY WILL BE GUARANTEED , IN A NON-DISCRIMINATORY MANNER AND ON A RECIPROCAL BASIS , THE POSSIBILITY OF CONNECTION AND ACCESS TO EURONET WITHIN THE FRAMEWORK OF THE INTERNATIONAL AND NATIONAL PROVISIONS IN FORCE .   5 . EACH PARTY SHALL ENDEAVOUR , IN A SPIRIT OF HEALTHY AND FAIR COMPETITION AND WITH THE AIM OF SAFEGUARDING THE INTERESTS OF THE USERS AND ENSURING THE EFFICIENT AND ECONOMIC OPERATION OF THE NETWORK , TO ENFORCE  -  UNDER THE CURRENT PROVISIONS  -  THE OBSERVANCE BY THE HOSTS CONNECTED TO EURONET OF A CODE OF CONDUCT AS CLOSELY AS POSSIBLE IN LINE WITH THE JOINT DECLARATION OF INTENT GIVEN IN THE ANNEX . SWISS HOSTS MAY PARTICIPATE IN THE EURONET HOST COMMITTEE .   6 . THE RIGHT OF THE SWISS PTT UNDERTAKING TO USE FOR THIRD-PARTY TRAFFIC ALL EURONET CAPACITY NOT REQUIRED FOR THE SCIENTIFIC AND TECHNICAL INFORMATION AND DOCUMENTATION NETWORK IS NOT AFFECTED , GIVEN THAT THE PRINCIPLE OF NON-DISCRIMINATION DOES NOT APPLY TO THIRD-PARTY TRAFFIC .   7 . SWISS EXPERTS MAY PARTICIPATE AS EQUAL PARTNERS IN WORK TO DEVELOP ADDITIONAL TECHNICAL SPECIFICATIONS , ESTABLISH NEW GENERAL PROVISIONS FOR EURONET AND TO TRAIN USERS .   8 . THE PARTIES WILL TAKE ALL APPROPRIATE MEASURES TO ARRIVE AT A JOINT SOLUTION TO THE PROBLEMS RELATING TO THE SETTING UP , MANAGEMENT AND POSSIBLE EXTENSION OF EURONET NOT COVERED BY POINTS 1 AND 2 . THE PARTIES WILL HOLD CONSULTATIONS THROUGH DIPLOMATIC CHANNELS FOR THIS PURPOSE .   9 . SHOULD EURONET BE EXTENDED TO OTHER STATES WHICH ARE MEMBERS OF CEPT , RELATIONS BOTH BETWEEN SWITZERLAND AND THE COMMUNITY AND THOSE WITH THE STATES IN QUESTION WILL BE SUBJECT TO PRIOR CONSULTATION THROUGH DIPLOMATIC CHANNELS .   10 . THE POSSIBLE CONNECTION TO EURONET :   -  OF HOSTS ESTABLISHED IN THE STATES WHICH ARE MEMBERS OF CEPT AND TO WHICH THE NETWORK HAS NOT BEEN EXTENDED ,   -  OF HOSTS ESTABLISHED IN STATES WHICH ARE NOT MEMBERS OF CEPT ,   -  OF FOREIGN NETWORKS ,   CAN BE AFFECTED ONLY WITH THE AGREEMENT OF THE PARTIES AND OF THE TELECOMMUNICATIONS ADMINISTRATIONS IN QUESTION .   11 . THE PARTIES WILL INFORM EACH OTHER REGULARLY ON THE PROGRESS MADE IN THE AFOREMENTIONED SPHERE . IN PARTICULAR , THEY WILL EXCHANGE , AS FAR IN ADVANCE AS POSSIBLE , ALL RELEVANT INFORMATION RELATING TO PROJECTS TO CONNECT HOSTS AND DATA BASES OR BANKS . SUCH EXCHANGES OF INFORMATION WILL BE MADE THROUGH DIPLOMATIC CHANNELS .   12 . THE COOPERATION PROVIDED FOR WILL LAPSE ON 31 DECEMBER 1983 , BUT MAY BE TERMINATED BEFORE THAT DATE BY EITHER PARTY SUBJECT TO ONE YEAR ' S NOTICE .   IF YOU ARE ABLE TO CONFIRM IN WRITING YOUR AGREEMENT TO THE AFORESAID , THE TWO PARTIES WILL CONSIDER THIS EXCHANGE OF LETTERS AS A STATEMENT OF THEIR AIMS AND OF THE FORMS OF THEIR COOPERATION CONCERNING EURONET . THIS EXCHANGE OF LETTERS WILL ENTER INTO FORCE ON THE DATE ON WHICH YOUR REPLY IS SIGNED . '   I HAVE THE HONOUR TO CONFIRM THAT THE EUROPEAN ECONOMIC COMMUNITY IS IN AGREEMENT WITH THE CONTENTS OF YOUR LETTER .   PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .   ON BEHALF OF THE COUNCIL   OF THE EUROPEAN COMMUNITIES ****    ANNEX   JOINT DECLARATION OF INTENT ON HOSTS , REFERRED TO UNDER POINT 5 OF THE AGREEMENT , WHICH WILL BE CONNECTED TO EURONET   1 . THE HOST ALONE SHALL BE RESPONSIBLE FOR THE OPERATION OF HIS SERVICES VIA THE NETWORK .   2 . THE HOST SHALL DECLARE THAT HE WILL NOT MAKE DISTINCTIONS BASED ON NATIONALITY BETWEEN THE USERS OF EURONET . IF EXISTING CONTRACTS OR INTERNATIONAL AGREEMENTS CONTAIN DISCRIMINATORY PROVISIONS , THE HOST WILL NOTIFY THE COMPETENT AUTHORITIES IN HIS COUNTRY AND ENDEAVOUR TO HAVE THE PROVISIONS AMENDED .   3 . THE HOST SHALL DECLARE THAT HE WILL ABSTAIN FROM ALL UNFAIR COMPETITION . IF NECESSARY , HE MAY BE INVITED TO PROVIDE EXPLANATIONS ON THIS SUBJECT BY THE COMPETENT AUTHORITIES IN HIS OWN COUNTRY WITHIN THE FRAMEWORK OF THE NATIONAL PROVISIONS IN FORCE .   4 . THE HOST WILL OBSERVE THE PRINCIPLE OF MAINTAINING AT THE LOWEST POSSIBLE LEVEL THE FEES RELATING TO SCIENTIFIC AND TECHNICAL INFORMATION ( IST ) SERVICES . HE WILL APPLY THIS PRINCIPLE AS FAR AS POSSIBLE IN HIS TARIFF POLICY .   5 . THE HOST SHALL DECLARE THAT HE WILL PARTICIPATE IN EFFORTS TOWARDS A GRADUAL HARMONIZATION OF SERVICES . IN PARTICULAR , HE WILL EXAMINE :   -  THE APPLICATION , TO HIS INFORMATION RETRIEVAL SYSTEM , OF THE STANDARDIZED INSTRUCTIONS GIVEN IN ' EURONET GUIDELINES : STANDARD COMMANDS FOR INFORMATION RETRIEVAL SYSTEMS ' ,   -  THE GRADUAL HARMONIZATION OF THE GENERAL CONDITIONS OF SALE , WHICH WILL BE UNDERTAKEN JOINTLY ,   -  THE GRADUAL RATIONALIZATION OF INSTRUCTION MANUALS ,   -  THE SIMPLIFICATION OF ACCESS METHODS FOR USERS AND OF INVOICING .   6 . THE HOST WILL EXAMINE THE POSSIBILITY OF COOPERATING IN THE PREPARATION OF MEASURES TO MARKET HIS SERVICES EFFICIENTLY AT EURONET LEVEL AND TO TRAIN THE USERS OF THESE SERVICES .   7 . IN ORDER TO ACHIEVE THE APPROPRIATE LEVEL OF COOPERATION WITHIN EURONET , THE HOST MAY TAKE PART IN THE WORK OF A COMMITTEE WHICH WILL MEET AT REGULAR INTERVALS , IN ORDER TO EXPRESS HIS OPINION ON ALL QUESTIONS RELATING TO THE NETWORK AND ASSIST IN THE PREPARATION OF APPROPRIATE RECOMMENDATIONS TO THE COMPETENT AUTHORITIES OF THE STATES PARTICIPATING IN EURONET . EACH HOST WILL BEAR THE COSTS OF HIS REPRESENTATION AT SUCH MEETINGS .   8 . THE HOST WILL DESIGNATE TO THE COMPETENT AUTHORITIES IN HIS COUNTRY HIS REPRESENTATIVE ON THIS COMMITTEE WITHIN THREE MONTHS FOLLOWING THE CONCLUSION OF THE AGREEMENT REQUIRED FOR HIS CONNECTION TO EURONET . WITHIN THE SAME PERIOD , HE MAY ALSO DESIGNATE A PERSON RESPONSIBLE FOR ALL OTHER QUESTIONS RELATING TO EURONET AND SPECIFY HIS POWERS .   9 . WITHIN THE SAME PERIOD THE HOST WILL PROVIDE THE COMPETENT AUTHORITIES IN HIS COUNTRY WITH A PROVISIONAL DESCRIPTION OF THE DATA BASES AND RELATED SERVICES WHICH HE INTENDS TO OFFER . THIS DESCRIPTION SHOULD FOLLOW AS CLOSELY AS POSSIBLE THE EXAMPLE SHOWN IN ' EURONET GUIDELINES FOR COOPERATION BETWEEN DATA BASE SUPPLIERS AND HOST ORGANIZATIONS ' . IN PARTICULAR , THE DESCRIPTION WILL COVER IN DETAIL THE DATA BASES , THE SERVICES WHICH THEY OFFER AND THE TARIFFS APPLICABLE . THE COMPETENT AUTHORITIES SHOULD BE PROVIDED WITH A DEFINITIVE DESCRIPTION OF THESE SERVICES NO LATER THAN THREE MONTHS BEFORE THE COMMENCEMENT OF OPERATION .   10 . THE HOST SHALL DO ALL IN HIS POWER TO ANNOUNCE THREE MONTHS IN ADVANCE ANY MAJOR CHANGES TO THE SERVICES DESCRIBED AND TO INFORM THE COMPETENT AUTHORITIES IN HIS COUNTRY OF SUCH CHANGES .   11 . THE HOST SHALL INFORM THE COMPETENT AUTHORITY IN HIS COUNTRY IF HE INTENDS TO USE HIS EURONET LINK FOR PURPOSES OTHER THAN SCIENTIFIC AND TECHNICAL INFORMATION .   12 . IN ORDER TO PERMIT THE COMPETENT AUTHORITY TO ADAPT THE NETWORK TO REQUIREMENTS , THE HOST SHALL PROVIDE THE COMPETENT AUTHORITY AT LEAST ONCE A YEAR WITH STATISTICS ON THE USE OF EURONET VIA HIS SERVICES , INCLUDING TRAFFIC STATISTICS , NUMBER OF SUBSCRIBERS , ETC .


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31988D0528

88/528/Euratom: Commission Decision of 29 September 1988 concerning the conclusion of a Memorandum of Understanding between the European Atomic Energy Community and the Government of Canada on the involvement of Canada in the European Atomic Energy Community contribution to the International Thermonuclear Experimental Reactor (ITER) Conceptual Design Activities, by the Commission for and on behalf of the Community

Official Journal L 291 , 25/10/1988 P. 0075

*****COMMISSION  DECISION  of 29 September 1988  concerning the conclusion of a Memorandum of Understanding between the European Atomic Energy Community and the Government of Canada on the involvement of Canada in the European Atomic Energy Community contribution to the International Thermonuclear Experimental Reactor (ITER) Conceptual Design Activities, by the Commission for and on behalf of the Community  (88/528/Euratom)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,  Whereas the Council, in its decision of 25 July 1988, approved the conclusion of the Memorandum of Understanding between the European Atomic Energy Community and the Government of Canada on the involvement of Canada in the European Atomic Energy Community contribution to the International Thermonuclear Experimental Reactor (ITER) Conceptual Design Activities,  HAS DECIDED AS FOLLOWS:  Article 1  The Memorandum of Understanding between the European Atomic Energy Community and the Government of Canada on the involvement of Canada in the European Atomic Energy Community contribution to the International Thermonuclear Experimental Reactor Conceptual Design Activities shall be concluded on behalf of the Community.  The text of the Memorandum of Understanding is appended to this Decision.  Article 2  The President of the Commission is empowered to designate the person authorized to sign the Memorandum of Understanding for the purpose of committing the European Atomic Energy Community.  Done at Brussels, 29 September 1988.  For the Commission  Karl-Heinz NARJES  Vice-President


title: Decision of 22 January 1973 of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting in the Council, establishing supervision of imports of certain products originating in Austria

text:
 No L 59/88                        Official Journal of the European Communities                                    5 . 3 . 73
                                                             II
                                      (Acts whose publication is not obligatory)
                                                  COUNCIL
                                                       DECISION
                                                 of 22 January 1973
              of the Representatives of the Governments of the Member States of the European Coal
              and Steel Community, meeting in the Council, establishing supervision of imports of
                                       certain products originating in Austria
                                                      (73 / 12/EEC)
THE REPRESENTATIVES OF THE GOVERNMENTS                           supervision of imports of certain products originating
OF THE MEMBER STATES             OF THE EUROPEAN                 in Austria ( 1 ).
COAL AND STEEL COMMUNITY, MEETING IN THE
COUNCIL,                                                         2. Amounts shall be set off against the indicative
                                                                 ceilings as and when products are submitted to the
                                                                 customs authorities under cover of a declaration that
                                                                 they have been made available for consumption and
in agreement with the Commission,                                accompanied by a movement certificate conforming
                                                                 to the rules contained in the Agreement referred to
                                                                 in paragraph 1 .
HAVE DECIDED :
                                                                Goods shall be set off against the indicative ceiling
                                                                 only if the movement certificate has been submitted
                       Article 1                                 before    the     date on    which    customs duties     are
                                                                 reimposed.
1.     Imports of products originating in Austria to             The reaching of an indicative ceiling shall be
which annual indicative ceilings are applied in                  determined at Community level on the basis of
accordance with Articles 1 and 2 of Protocol No 1 to             imports set off against it in the manner defined in the
the Agreement between the Member States of the                  preceding subparagraphs .
European Coal and Steel Community and the
European Coal and Steel Community, of the one part,             The Member States shall periodically inform the
and the Republic of Austria, of the other part, shall            Commission of imports effected in accordance with
be subjected to supervision in 1973 .                           the above rules .
                                                                3.     As soon as the ceilings have been reached, the
The description of the products referred to in the               Member States may, at the request of one of them
preceding subparagraph, their tariff headings and               or of the Commission, reimpose, each in respect of
statistic numbers, the levels of the indicative ceilings
and the dates on which supervision shall begin are
given in Annex I to Council Regulation (EEC) No
417/73 of 22 January 1973 establishing Community                 (*) See p. 1 of this Official Journal.
 ---pagebreak--- 5 . 3 . 73                       Official Journal of the European Communities                         No L 59 /89
its own territory, the customs duties applicable to                               Article 3
third countries adjusted, where appropriate, by the
percentages laid down in Article 2 (e) of Protocol          The Member States shall take all measures required
No 1 to the Agreement referred to in paragraph 1 .          to implement this Decision.
                       Article 2                            Done at Brussels, 22 January 1973 .
For the implementation of this Decision the Member                                             The President
States shall take all necessary measures in close co
operation with the Commission.                                                              L. TINDEMANS