title: 2011/472/EU: Council Decision of 19 July 2011 on the launch of automated data exchange with regard to DNA data in Portugal

text:
               27.7.2011

               EN

               Official Journal of the European Union

               L 195/71

         COUNCIL DECISION
   of 19 July 2011
   on the launch of automated data exchange with regard to DNA data in Portugal
   (2011/472/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 2(3) and Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               Portugal has informed the General Secretariat of the Council of the national DNA analysis files to which Articles 2 to 6 of Decision 2008/615/JHA apply and the conditions for automated searching as referred to in Article 3(1) of that Decision in accordance with Article 36(2) of that Decision.

               (5)

               According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (6)

               Portugal has completed the questionnaire on data protection and the questionnaire on DNA data exchange.

               (7)

               A successful pilot run has been carried out by Portugal with Germany.

               (8)

               An evaluation visit has taken place in Portugal and a report on the evaluation visit has been produced by the German evaluation team and forwarded to the relevant Council Working Group.

               (9)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning DNA data exchange has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching and comparison of DNA data, Portugal has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Articles 3 and 4 of that Decision as from the date of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 19 July 2011.

            For the Council

            The President

         M. SAWICKI

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


title: Council Decision (EU) 2015/1572 of 18 September 2015 appointing an Austrian member and an Austrian alternate member of the Committee of the Regions

text:
               22.9.2015

               EN

               Official Journal of the European Union

               L 245/9

         COUNCIL DECISION (EU) 2015/1572
   of 18 September 2015
   appointing an Austrian member and an Austrian alternate member of the Committee of the Regions
   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 Austrian Government,
   Whereas:

               (1)

               On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Hans NIESSL,

               (3)

               An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Christian ILLEDITS,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mr Christian ILLEDITS, Landtagspräsident Burgenland

         Article 2
   The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mr Hans NIESSL, Landeshauptmann Burgenland.

         Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 18 September 2015.

            For the Council

            The President

         C. DIESCHBOURG

      (1)  OJ L 20, 27.1.2015, p. 42.

      (2)  OJ L 31, 7.2.2015, p. 25.

      (3)  OJ L 159, 25.6.2015, p. 70.


title: Council Decision of 15 October 1973 concluding the Agreement between the European Economic Community and the Tunisian Republic on the supply of common wheat as food aid

text:
6. 12. 73                        Official Journal of the European Communities                         No L 336/ 1
                                                          II
                                     (Acts whose publication is not obligatory)
                                                 COUNCIL
                                             COUNCIL DECISION
                                                of 15 October 1973
              concluding the Agreement between the European Community and the Tunisian
                           Republic on the supply of common wheat as food aid
                                                    (73/363/EEC)
THE COUNCIL OF THE EUROPEAN                                  HAS DECIDED AS FOLLOWS :
COMMUNITIES,
                                                                                Article 1
Having regard to the Treaty establishing the European        On behalf of the European Economic Community the
Economic Community, and in particular Articles 113,          Agreement between the European Economic Commu
114 and 228 thereof ;                                        nity and the Tunisian Republic for the supply of
                                                             common wheat as food aid, the text of which is
Having regard to the Recommendation from the                 annexed hereto, is hereby concluded on behalf of the
Commission ;                                                 Community.
                                                                                Article 2
Whereas the European Economic Community has
deposited a . Declaration of provisional application of      The President of the Council is hereby authorized to
the 1971 Food Aid Convention : whereas that Conven          designate the persons empowered to sign the Agree
tion has been applicable since 1 July 1971 ;                 ment and to confer on them the necessary powers to
                                                             bind the Community.
Whereas the Tunisian Republic, by its letter of 27
October 1971 , has requested food aid ;                      Done at Luxembourg, 15 October 1973 .
                                                                                For the Council
Whereas in view of the cereal supply situation in
Tunisia that country should be accorded, by way of                                        The President
gift, 25 000 metric tons of common wheat under the
Community Food Aid Programme for 1971 /72.                                               I. NØRGAARD


title: Council Decision (EU) 2016/1838 of 13 October 2016 on guidelines for the employment policies of the Member States for 2016

text:
               18.10.2016

               EN

               Official Journal of the European Union

               L 280/30

         COUNCIL DECISION (EU) 2016/1838
   of 13 October 2016
   on guidelines for the employment policies of the Member States for 2016
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 148(2) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the opinion of the European Economic and Social Committee (2),
   After consulting the Committee of the Regions,
   Having regard to the opinion of the Employment Committee (3),
   Whereas:

               (1)

               The Treaty on the Functioning of the European Union (TFEU) stipulates that Member States and the Union are to work towards developing a coordinated strategy for employment and particularly for promoting a skilled, trained and adaptable workforce as well as labour markets that are responsive to economic change with a view to achieving the objectives defined in Article 3 of the Treaty on European Union.

               (2)

               The Europe 2020 strategy for smart, sustainable and inclusive growth (‘Europe 2020 strategy’) proposed by the Commission enables the Union to turn its economy towards smart, sustainable and inclusive growth, accompanied by high level employment, productivity and social cohesion. Five headline targets constitute shared objectives which guide the action of the Member States, and take into account their relative starting positions and national circumstances as well as the positions and circumstances of the Union. On 14 July 2015, the Council adopted Recommendation (EU) 2015/1184 (4) on broad guidelines for the economic policies of the Member States and of the Union. Furthermore, on 5 October 2015, the Council adopted Decision (EU) 2015/1848 (5) on guidelines for the employment policies of the Member States for 2015 (‘employment guidelines’). Those two sets of guidelines form the integrated guidelines for implementing the Europe 2020 strategy (‘Europe 2020 integrated guidelines’). The European Employment Strategy has the leading role in the implementation of the employment and labour market objectives of the Europe 2020 strategy.

               (3)

               The Europe 2020 integrated guidelines are in line with the conclusions of the European Council of 17 and 18 March 2016 and with the Stability and Growth Pact. They give precise guidance to the Member States on defining their National Reform Programmes and on implementing reforms, while reflecting interdependence. The employment guidelines should form the basis for any country-specific recommendations the Council may address to the Member States under Article 148(4) TFEU, in parallel with the country-specific recommendations addressed to the Member States under Article 121(2) TFEU. The employment guidelines should also form the basis for the establishment of the Joint Employment Report sent annually by the Council and the Commission to the European Council.

               (4)

               The examination of Member States' National Reform Programmes contained in the Joint Employment Report shows that Member States should make every effort to boost demand for labour, enhance labour supply, skills and competences, enhance the functioning of labour market, foster social inclusion, combat poverty and promote equal opportunities.

               (5)

               Member States should explore the use of the European Social Fund when implementing the employment guidelines.

               (6)

               The employment guidelines should remain stable to ensure a focus on their implementation. Any updating of the employment guidelines should therefore remain strictly limited. In the light of an assessment of the developments of the labour markets and the social situation since the adoption of the employment guidelines in 2015, no update is necessary. The reasons for their adoption in 2015 remain valid, therefore those guidelines should be maintained,

         HAS ADOPTED THIS DECISION:
   Article 1
   The guidelines for the employment policies of the Member States, as set out in the Annex to Decision (EU) 2015/1848, are maintained for 2016 and shall be taken into account by the Member States in their employment policies.
   Article 2
   This Decision is addressed to the Member States.

      Done at Luxembourg, 13 October 2016.

            For the Council

            The President

         J. RICHTER

      (1)  Opinion of 15 September 2016 (not yet published in the Official Journal).

      (2)  OJ C 264, 20.7.2016, p. 134.

      (3)  Opinion of 16 February 2016.

      (4)  Council Recommendation (EU) 2015/1184 of 14 July 2015 on broad guidelines for the economic policies of the Member States and of the European Union (OJ L 192, 18.7.2015, p. 27).

      (5)  Council Decision (EU) 2015/1848 of 5 October 2015 on guidelines for the employment policies of the Member States for 2015 (OJ L 268, 15.10.2015, p. 28).


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41981D0249

81/249/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 28 April 1981 extending the time limit of the provisional arrangements applicable to trade between the Hellenic Republic and the ACP States for products covered by the Community

Official Journal L 118 , 30/04/1981 P. 0051 - 0051

****( 1 ) OJ NO L 53 , 27 . 2 . 1981 , P . 65 .       DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL   OF 28 APRIL 1981   EXTENDING THE TIME LIMIT OF THE PROVISIONAL ARRANGEMENTS APPLICABLE TO TRADE BETWEEN THE HELLENIC REPUBLIC AND THE ACP STATES FOR PRODUCTS COVERED BY THAT COMMUNITY  ( 81/249/ECSC )   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,   WHEREAS THE MEMBER STATES HAVE CONCLUDED AMONG THEMSELVES THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY ;   WHEREAS IT IS APPROPRIATE TO EXTEND EXCEPTIONALLY FOR A MAXIMUM OF TWO MONTHS THE TIME LIMIT OF THE PROVISIONAL ARRANGEMENTS FOR TRADE BETWEEN THE HELLENIC REPUBLIC AND THE ACP STATES LAID DOWN IN DECISION 81/57/ECSC ( 1 ) FOR PRODUCTS COVERED BY THE ECSC ;   IN AGREEMENT WITH THE COMMISSION ,   HAVE DECIDED AS FOLLOWS :   ARTICLE 1   THE PROVISIONAL ARRANGEMENTS APPLICABLE TO TRADE BETWEEN THE HELLENIC REPUBLIC AND THE ACP STATES LAID DOWN IN DECISION 81/57/ECSC SHALL REMAIN APPLICABLE UNTIL 30 JUNE 1981 AT THE LATEST .   ARTICLE 2   MEMBER STATES WILL TAKE THE NECESSARY MEASURES TO IMPLEMENT THIS DECISION .   DONE AT LUXEMBOURG , 28 APRIL 1981 .   THE PRESIDENT   J . DE KONING


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31999D0702(01)

Council Decision of 14 June 1999 appointing the members of the Advisory Committee of the Euratom Supply Agency

Official Journal C 186 , 02/07/1999 P. 0001 - 0002

COUNCIL DECISIONof 14 June 1999appointing the members of the Advisory Committee of the Euratom Supply Agency(1999/C 186/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community,and in particular the second and third subparagraphs of Article 54 thereof,Having regard to Article X of the Statutes of the Euratom Supply Agency(1), aslast amended by Decision 95/1/EC/Euratom/ECSC of 1 January 1995(2),Having regard to the Council Decision of 27 June 1997 appointing the members ofthe Advisory Committee of the Euratom Supply Agency(3),Whereas the term of office of the members of the Committee expired on 28 March1999;Whereas the members of the Committee for the period from 29 March 1999 to 28March 2001 should be appointed;Having regard to the nominations submitted by the Governments of the MemberStates;Having regard to the opinion of the Commission,HAS DECIDED AS FOLLOWS:Sole ArticleThe following persons are hereby appointed members of the Advisory Committee ofthe Euratom Supply Agency:>TABLE>Done at Luxembourg, 14 June 1999.For the CouncilThe PresidentK.-H. FUNKE(1) OJ 27, 6.12.1958, p. 534/58.(2) OJ L 1, 1.1.1995, p. 1.(3) OJ C 210, 11.7.1997, p. 3.


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E1994C0123

EFTA SURVEILLANCE AUTHORITY DECISION No 123/94/COL of 19 October 1994 on the fourth amendment of the Procedural and Substantive Rules in the Field of State Aid

Official Journal L 383 , 31/12/1994 P. 0001 - 0010

EFTA SURVEILLANCE AUTHORITY DECISION No 123/94/COL of 19 October 1994 on the fourth amendment of the Procedural and Substantive Rules in the Field of State Aid THE EFTA SURVEILLANCE AUTHORITYhas amended the Procedural and Substantive Rules in the Field of State Aid (1), adopted on 19 January 1994 (2), as last amended on 31 August 1994 (3), as follows:Chapter 16 of the State Aid Guidelines shall be replaced by the following:'16. AID FOR RESCUING AND RESTRUCTURING FIRMS IN DIFFICULTY (4)16.1. Introduction1. The need for comprehensive and firm control of State aid is acknowledged in the Agreement on the European Economic Area (EEA Agreement). The distortive effect of aid is magnified as other government-induced distortions are eliminated and markets become more open and integrated. Hence, it is more important than ever to maintain tight control of State aid.2. In the medium term the Single Market and the European Economic Area are expected to yield significant benefits in terms of increased economic growth. A major part of the increase in economic growth that should ultimately result from the Single Market and the EEA Agreement will be due to the extensive structural change that will be induced in the States parties to the EEA Agreement. While structural change is easier in an expanding economy, even in a recession it is undesirable that States should frustrate or unduly retard the process of structural adjustment through subsidies to firms which in the new market situation ought to disappear or restructure. Such aid would shift the burden of structural change on to other, more efficient firms and encourage a subsidy race.3. On the other hand, there are circumstances in which State aid for rescuing firms in difficulty and helping them to restructure may be justified. It may be warranted, for instance, by social or regional policy considerations, by the desirability of maintaining a competitive market structure when the disappearance of firms could lead to a monopoly or tight oligopoly situation, or by the special needs and wider economic benefits of the small and medium-sized enterprise (SME) sector.4. The Commission's policy on aid for rescuing and restructuring firms in difficulty as set out in 1979 in the Eight Report on Competition Policy (5) and reflected in these guidelines as initially adopted by the EFTA Surveillance Authority on 19 January 1994, has been endorsed many times by the Court of Justice of the European Communities (6).5. However, for the reasons given in paragraph 16.1 (1) the functioning of the EEA Agreement requires the policy to be reviewed and updated. Furthermore, it must be clarified in the light of developments in the policies towards government capital injections (7), financial transfers to public enterprise (8), and aid for SMEs (9).16.2. Definitions and scope of the rules to be applied with regard to rescue and restructuring aid16.2.1. Definition of rescue and restructuring aid1. It is right to treat aid for rescues of companies and for restructuring together, because in both cases the government is faced with a firm in difficulties unable to recover through its own resources or by raising the funds it needs from shareholders or borrowing, and because the rescue and the restructuring are often two parts, albeit clearly distinguishable parts, of a single operation. The financial weakness of firms that are rescued by governments or receive help for restructuring is generally due to poor past performance and dim future prospects. The typical symptoms are deteriorating profitability or increasing size of losses, diminishing turnover, growing inventories, excess capacity, declining cash flow, increasing debt, rising interest charges and low net asset value. In acute cases the company may already have become insolvent or gone into liquidation.2. It is not possible to establish a universal and precise set of financial parameters to identify when aid to a company amounts to a rescue or is for restructuring. Nevertheless, the two situations show basic differences.3. A rescue temporarily maintains the position of a firm that is facing a substantial deterioration in its financial position reflected in an acute liquidity crisis or technical insolvency, while an analysis of the circumstances giving rise to the company's difficulties can be performed and an appropriate plan to remedy the situation devised. In other words, rescue aid provides a brief respite, generally for not more than six months, from a firm's financial problems while a long-term solution can be worked out.4. Restructuring, on the other hand, is part of a feasible, coherent and far-reaching plan to restore a firm's long-term viability. Restructuring usually involves one or more of the following elements: the reorganization and rationalization of the firm's activities on to a more efficient basis typically involving the withdrawal from activities that are no longer viable or are already loss-making, the restructuring of those existing activities that can be made competitive again and, possibly, the development of or diversification to new viable activities. Financial restructuring (capital injections, debt reduction) usually has to accompany the physical restructuring. Restructuring plans take account of, inter alia, the circumstances giving rise to the firm's difficulties, market supply and demand for the relevant products as well as their expected development and the specific strengths and weaknesses of the firm. They allow an orderly transition of the firm to a new structure that gives it viable long-term prospects and will enable it to operate on the strength of its own resources without requiring further State assistance.16.2.2. Sectoral scope1. The EFTA Surveillance Authority follows the general approach to rescue and restructuring aid that is set out in this chapter in all sectors (10). However, in sectors currently subject to specific rules on State aid the provisions of this chapter will apply only to the extent that they are consistent with the specific sectoral rules. At present there are specific aid rules in steel, textiles and clothing, synthetic fibres, the motor vehicle industry and the transport sector.16.2.3. Applicability of Article 61 (1) of the EEA Agreement1. For the reasons stated in paragraph 16.1 (1), State aid for rescuing or restructuring firms in difficulty will, by its very nature, tend to distort competition and affect trade between the Contracting Parties. Therefore, as a rule, it falls within Article 61 (1) of the EEA Agreement and requires exemption.2. The only general exception is aid that is too small in amount to have a significant effect on inter-state trade. This de minimis figure has been set at ECU 50 000 for each of two broad categories of expenditure (investment and other expenditure) from all sources and under any scheme over three years (11). The de minimis facility is not available in sectors subject to specific rules (12).3. Aid for restructuring can take many forms, including capital injections, debt write-offs, loans, interest subsidies, relief from taxes or social security contributions, and loan guarantees. For rescues, however, it should be limited to loans at market interest rates or loan guarantees (see paragraph 16.3.1 (1). The source of the aid can be any level of government, central, regional or local, and any "public undertaking", as defined in Article 2 of the act referred to in point 1 of Annex XV to the EEA Agreement (13). Thus, for example, rescue or restructuring aid may come from State holding companies or public investment corporations (14).4. The method used by the EFTA Surveillance Authority to determine when government injections of new capital into companies that are already State-owned or become wholly or partly State-owned as a result of the operation involving aid is set out in Chapter 20 of these Guidelines. The criterion is based on the market economy investor principle, which means that in circumstances where a rational private investor operating in a market economy would have made the finance available the provision or guarantee of funding to a company does not involve aid.5. Where funding is provided or guaranteed by the State to an enterprise that is in financial difficulties, however, there is a presumption that the financial transfers involve State aid. Therefore, such financial transactions must be notified to the EFTA Surveillance Authority in advance, in accordance with Article 1 (3) of Protocol 3 to the Surveillance and Court Agreement. The presumption of aid is compelling where the industry, as a whole, is in difficulties or suffering from structural overcapacity.6. The assessment of rescue or restructuring aid is not affected by changes in the ownership of the business aided. Thus, it will not be possible to evade control by transferring the business to another legal entity or owner.16.2.4. Basis of exemption1. Article 61 (2) and (3) of the EEA Agreement provide for the possibility of exemption of aid falling within Article 61 (1). The only basis for exempting aid for rescuing or restructuring firms in difficulty - apart from cases of national disasters and exceptional occurrences which are exempted by Article 61 (2) (b) and are not covered here - is Article 61 (3) (c). Pursuant to this provision, the EFTA Surveillance Authority can authorize "aid to facilitate the development of certain economic activities where such aid does not adversely affect trading conditions to an extent contrary to the common interest."2. The EFTA Surveillance Authority considers that aid for rescues and restructuring may contribute to the development of economic activities without adversely affecting trade between the Contracting Parties if the conditions set out in Section 16.3 are met, and will therefore authorize such aid under those conditions. Where the firms to be rescued or restructured are located in assisted areas, the EFTA Surveillance Authority will take regional considerations pursuant subparagraphs (a) and (c) of Article 61 (3) into account as described in Section 16.3.2.3.16.3. General conditions for the authorization of rescue and restructuring aid16.3.1. Rescue aid1. In order to be approved by the EFTA Surveillance Authority rescue aid, as defined above, must continue to satisfy the following basic conditions (15):- it must consist of liquidity help in the form of loan guarantees or loans bearing normal commercial interest rates,- it must be restricted to the amount needed to keep a firm in business (for example, covering wage and salary costs and routine supplies),- it must be paid only for the time needed (generally not exceeding six months) (16) to draw up the necessary and feasible recovery plan,- it must be warranted on the grounds of serious social difficulties and have no undue adverse effects on the industrial situation in other EFTA States or EC Member States.2. A further condition is that, in principle, the rescue should be a one-off operation. A series of rescues that effectively merely maintain the status quo, postpone the inevitable and in the meantime transfer the attendant industrial and social problems to other, more efficient producers and to other EFTA States or EC Member States, is clearly unacceptable. Rescue aid should therefore normally be an one-off holding operation mounted over a limited period during which the company's future can be assessed.3. Rescue aid need not be granted in a single payment. Indeed, it may be desirable to spread payment of the aid over several or more instalments subject to separate assessment in order to take account of external conditions which may be rapidly fluctuating or in order to stimulate the ailing company into taking the necessary corrective action.4. In applying the above conditions to SMEs the EFTA Surveillance Authority will take account of the special features of businesses in this size category.5. The approval of rescue aid is without any presumption regarding the subsequent approval of aid under a restructuring plan, which will fall to be assessed on its own merits.16.3.2. Restructuring aid16.3.2.1. Basic approach1. Aid for restructuring raises particular competition concerns as it can shift an unfair share of the burden of structural adjustment and the attendant social and industrial problems on to other producers who are managing without aid and to other EFTA States or EC Member States. The general principle should therefore be to allow restructuring aid only in circumstances in which it can be demonstrated that the approval of restructuring aid is compatible with the functioning of the EEA Agreement. This will only be possible when strict criteria are fulfilled and full account is taken of the possible distortive effects of the aid.16.3.2.2. General conditions1. Subject to the special provisions for assisted areas and SMEs set out below, for the EFTA Surveillance Authority to approve aid a restructuring plan will need to satisfy all the following general conditions:(a) Restoration of viabilityThe sine qua non of all restructuring plans is that they must restore the long-term viability and health of the firm within a reasonable time scale and on the basis of realistic assumptions as to its future operating conditions. Consequently, structuring aid must be linked to a viable restructuring/recovery programme submitted in all relevant detail to the EFTA Surveillance Authority. The plan must restore the firm to competitiveness within a reasonable period. The improvement in viability must result mainly from internal measures contained in the restructuring plan and may only be based on external factors such as price and demand increases over which the company has no great influence, if the market assumptions made are generally acknowledged. Successful restructuring should involve the abandonment of structurally loss-making activities.To fulfil the viability criterion, the restructuring plan must be considered capable of putting the company into a position of covering all its costs including depreciation and financial charges and generating a minimum return on capital such that, after completing its restructuring, the firm will not require further injections of State aid and will be able to compete in the market place on its own merits. Like rescue aid, aid for restructuring should therefore normally only need to be granted once.(b) Avoidance of undue distortions of competition through the aidA further condition of aid for restructuring is that measures are taken to offset as far as possible adverse effects on competitors. Otherwise aid would be 'contrary to the common interest' and ineligible for exemption pursuant to Article 61 (3) (c).Where on an objective assessment of the demand and supply situation there is a structural excess of production capacity in a relevant market in the territory covered by the EEA Agreement served by the recipient, the restructuring plan must make a contribution, proportionate to the amount of aid received, to the restructuring of the industry serving the relevant market by irreversibly reducing or closing capacity. A reduction or closure is irreversible when the relevant assets are scrapped, rendered permanently incapable of producing at the previous rate, or permanently converted to another use. The sale of capacity to competitors is not sufficient in this case, except if the plant is sold for use in a part of the world from which the continued operation of the facilities is unlikely to have significant effects on the competitive situation in the territory covered by the EEA Agreement.A relaxation of the principle of requiring a proportionate capacity reduction may be allowed if such a reduction is likely to cause a manifest deterioration in the structure of the market, for example by creating a monopoly or a tight oligopoly situation.Where, on the other hand, there is no structural excess of production capacity in a relevant market in the territory covered by the EEA Agreement served by the recipient, the EFTA Surveillance Authority will normally not require a reduction of capacity in return for the aid. However, it must be satisfied that the aid will be used only for the purpose of restoring the firm's viability and that it will not enable the recipient during the implementation of the restructuring plan to expand production capacity, except in so far as essential for restoring viability without thereby unduly distorting competition. To ensure that the aid does not distort competition to an extent contrary to the common interest, the EFTA Surveillance Authority may impose any conditions and obligations as may be necessary.(c) Aid in proportion to the restructuring costs and benefitsThe amount and intensity of the aid must be limited to the strict minimum needed to enable restructuring to be undertaken and must be related to the anticipated benefits. Therefore, aid beneficiaires will normally be expected to make a significant contribution to the restructuring plan from their own resources or from external commercial financing. To limit the distortive effect, the form in which the aid is granted must be such as to avoid providing the company with surplus cash which could be used for aggressive, market-distorting activities not linked to the restructuring process. Nor should any of the aid go to finance new investment not required for the restructuring. Aid for financial restructuring should not unduly reduce the firm's financial charges.If aid is used to write off debt resulting from past losses, any tax credits attaching to the losses must be extinguished, not retained to offset against future profits or sold or transferred to third parties, as in that case the firm would be receiving the aid twice.(d) Full implementation of restructuring plan and observance of conditionsThe company must fully implement the restructuring plan that was submitted to and accepted by the EFTA Surveillance Authority and must discharge any other obligations laid down by the EFTA Surveillance Authority decision. Otherwise, unless the original decision is amended following a new notification from the EFTA State concerned, the EFTA Surveillance Authority will take steps to ensure the full implementation of the restructuring plan. These steps may include requirement to recover aid which has been found incompatible with the functioning of the EEA Agreement.(e) Monitoring and annual reportThe implementation, progress and success of the restructuring plan will be monitored by requiring the submission of detailed annual reports to the EFTA Surveillance Authority. The annual report will have to contain all relevant information to enable the EFTA Surveillance Authority to monitor the implementation of the agreed restructuring programme, the receipt of aid by the company and its financial position and the observance of any conditions or obligations laid down in the EFTA Surveillance Authority decision approving the aid. Where there is a particular need for timely confirmation of certain key information, such as closures, capacity reductions, etc., the EFTA Surveillance Authority may request more frequent reports.16.3.2.3. Conditions for restructuring aid in assisted areas1. The EFTA Surveillance Authority will take the needs of regional development into account when assessing restructuring aid in assisted areas. The fact that an ailing firm is located in an assisted area does not, however, justify a wholly permissive approach to aid for restructuring. In the medium to long term it does not help a region to prop up artificially companies which for structural or other reasons are ultimately doomed to failure.2. Furthermore, given that national resources available to promote regional development are limited it is in the region's own best interest to apply these scarce resources to develop as soon as possible alternative activities that are viable and durable. Finally, distortions of competition must be minimized even in the case of aid to firms in assisted areas.3. Thus, the criteria listed in Section 16.3.2.2 are equally applicable to assisted areas, even when the needs of regional development are considered. In particular, the result of the restructuring operation must be an economically viable business that will contribute to the real development of the region without requiring continual aid. Recurrent injections of aid will thus not be viewed any more leniently than in non-assisted areas. Likewise, restructuring plans must be followed through and monitored. To avoid undue distortions of competition the aid must also be in proportion to restructuring costs and benefits. Somewhat more flexibility can be shown in assisted areas, however, with regard to the requirement for a reduction in capacity in the case of markets in structural overcapacity. If regional development needs justify it, the EFTA Surveillance Authority will require a smaller capacity reduction for this purpose in assisted areas than in non-assisted areas and will differentiate between areas eligible for regional aid pursuant to Article 61 (3) (a) of the EEA Agreement and those eligible pursuant to Article 61 (3) (c) to take account of the greater severity of the regional problems in the former areas.4. Any aid for new investment not required for the restructuring must be within the limits for regional aid authorized by the EFTA Surveillance Authority.16.3.2.4. Aid for restructuring small and medium-sized enterprises1. Provided certain acceptable intensities of aid are not exceeded, aid to firms in the small to medium-sized category tends to affect trading conditions less than that to large firms and any harm to competition is more likely to be offset by economic benefits (17). This also applies to aid to help restructuring. Consequently, the EFTA Surveillance Authority is justified in taking a less restrictive attitude towards such aid when it is granted to SMEs.2. In the rules on aid to small and medium sized enterprises (SMEs) in Chapter 10 of these Guidelines, a uniform definition of SME is established for state aid control purposes.3. In relation to SMEs, the EFTA Surveillance Authority will not require aid for restructuring to meet the same strict conditions as aid for restructuring large firms, particularly as regards capacity reductions and reporting obligations.16.3.2.5. Aid to cover the social costs of restructuring1. Restructuring plans normally entail reductions in or abandonment of the affected activities. A scaling back of the firm's activities is often necessary for the purposes of rationalization and efficiency, quite apart from any capacity reductions that may be required as a condition for granting aid if the industry is suffering from structural overcapacity. Whatever the reason for them, such measures will generally lead to reductions in the company's workforce.2. The EFTA States' and the EC Member States' labour legislation may comprise general social security schemes under which the redundancy benefits and early retirement pensions are paid direct to redundant employees. Such schemes are not to be regarded as State aid falling within Article 61 (1) in so far as the State deals direct with employees and the company is not involved.3. Besides direct redundancy benefit and early retirement provision for employees general social support schemes are widespread under which the government covers the cost of benefits that the company provides to redundant workers and which go beyond its statutory or contractual obligations. Where such schemes are available generally without sectoral limitations to any worker meeting predefined and automatic eligibility conditions, they are not considered to involve aid pursuant to Article 61 (1) for firms undertaking restructuring. On the other hand, if the schemes are used to support restructuring in particular industries, they may well involve aid because of the selective way in which they are used.4. The obligations a company itself has under employment legislation or collective agreements with trade unions to provide redundancy benefits and/or early retirement pensions are part of the normal costs of a business which a firm has to meet from its own resources. This being so, any contribution by the State to these costs must be counted as aid. This is true regardless of whether the payments are made direct to the firm or are administered through a government agency to the employees.5. The EFTA Surveillance Authority has a positive approach to such aid, for it brings economic benefits above and beyond the interests of the firm concerned, facilitating structural change and reducing hardship, and often only evens out differences in the obligations placed on companies by national legislation.6. As well as to meet the cost of redundancy payments and early retirement, aid is commonly provided in connection with a particular restructuring case for training, counselling and practical help with finding alternative employment, assistance with relocation, and professional training and assistance for employees wishing to start new businesses. The EFTA Surveillance Authority consistently takes a favourable view of such aid.7. Aid for social measures exclusively for the benefit of employees who are displaced by restructuring is disregarded for the purposes of determining the size of the capacity reduction under 16.3.2.2. (b).16.4. Schemes for rescuing or restructuring SMEs1. For SMEs within the definition given in Section 10.2 the EFTA Surveillance Authority will be prepared to authorize schemes of assistance for rescue or restructuring purposes. It will do so within the usual period of two months from the receipt of complete information, unless the scheme qualifies for the accelerated clearance procedure, in which case the EFTA Surveillance Authority is allowed 20 working days (18). Such schemes must clearly identify the firms eligible, the circumstances under which rescue or restructuring aid may be granted and the maximum amount of aid available. A condition of approval will be that an annual report is provided on the scheme's operation containing the information specified in Chapter 30 and in Annexes III and IV to these Guidelines. The reports must also include an individual list of all beneficiary firms giving: company name, sectoral code - in accordance with the NACE (19) 2-digit sectoral classification codes - number of employees, annual turnover, amount of aid granted each year, confirmation of whether rescue or restructuring aid was received in the previous two years and, if so, the total amount previously granted.2. Awards of aid for rescuing or restructuring SMEs outside an approved scheme will require to be notified individually to the EFTA Surveillance Authority, as in the case of such aid for large firms. Aid awards or aid schemes for rescuing or restructuring firms which meet the conditions of the de minimis facility (see Section 16.2.3) need not be notified.16.5. Duration and review of the rulesThe EFTA Surveillance Authority will follow these rules in its assessment of aid for rescuing or restructuring firms in difficulty for three years from the date of their adoption. Before the end of that period, it will review the operation of the rules.Done at Brussels, 19 October 1994.For the EFTA Surveillance AuthorityKnut ALMESTADThe President(1) Hereinafter referred to as the State Aid Guidelines.(2) OJ No L 231, 3. 9. 1994, p. 1.(3) OJ No L 263, 13. 10. 1994, p. 22.(4) This chapter corresponds to the Community guidelines on State aid for rescuing and restructuring firms in difficulty, adopted on 27 July 1994 (not yet published in the Official Journal at the time of adoption of this text).(5) Paragraphs 227 and 228 and paragraph 177 (see point 33 of Annex XV to the EEA Agreement).(6) See, in particular, European Court of Justice of 14 February 1990, Case C-301/87, France v. Commission [1990], ECR I, p. 307 (Boussac); European Court of Justice of 21 March 1990, Case C-142/87, Belgium v. Commission [1990], ECR I, p. 959 (Tube meuse); European Court of Justice of 21 March 1991, Case C-303/88, Italy v. Commission [1991], ECR I, p. 1433 (ENI-Lanerossi) [1991], ECR I, p. 1603; European Court of Justice of 21 March 1991, Case C-305/89, Italy v. Commission (Alfa Romeo). See also European Court of Justice of 14 November 1984, Case 323/82, Intermills v. Commission [1984], ECR, p. 3809; European Court of Justice of 13 March 1985, Cases 296 and 318/82, Netherlands and Leeuwarder Papierwarenfabriek v. Commission [1985], ECR, p. 809; European Court of Justice of 10 July 1986, Case 234/84, Belgium v. Commission [1986], ECR p. 2263 (Meura).(7) See Chapter 19 of these Guidelines.(8) See Chapter 20 of these Guidelines.(9) See Chapter 10 of these Guidelines.(10) See part III of these Guidelines.(11) See Chapter 12 of these Guidelines, on the application and implementation of the de minimis rule.(12) See paragraph 16.2.2 (1).(13) Commission Directive 80/723/EEC of 25 June 1980 on the transparency of financial relations between Member States and public undertakings.(14) See European Court of Justice of 22 March 1977, Case 78/76, Steinike und Weinlig v. Germany [1977], ECR, p. 595; Crédit Lyonnais/Usinor-Sacilor, Commission Press Release IP(91) 1045.(15) These conditions were laid down in Chapter 16 of these Guidelines, as initially adopted by the EFTA Surveillance Authority on 19 January 1994 and correspond to the Commission's Eight Report on Competition Policy, point 228 on control of aid for rescue and restructuring.(16) If the EFTA Surveillance Authority is still investigating the restructuring plan when the period for which rescue aid has been authorized runs out, it will consider favourably an extension of the rescue aid until the investigation is completed (see 23rd Competition Report, point 527).(17) See Chapter 10, rules on aid to small medium-sized enterprises.(18) See Chapter 11 of these Guidelines.(19) General Nomenclature of Economic Activity in the European Community, published by the Statistical Office of the European Communities.'


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32003D0155

2003/155/EC: Council Decision of 16 December 2002 on the signature and conclusion of the Agreement between the European Community and the Turkish Republic on precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances

Official Journal L 064 , 07/03/2003 P. 0028 - 0029

Council Decisionof 16 December 2002on the signature and conclusion of the Agreement between the European Community and the Turkish Republic on precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances(2003/155/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first sentence, and Article 300(4) thereof,Having regard to the proposal from the Commission,Whereas:(1) On 5 April 2001, the Council authorised the Commission to negotiate with Turkey an Agreement on precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances, hereinafter referred to as "the Agreement".(2) The Community should strengthen controls on shipments of precursors to Turkey, given that they are re-entering the Community in the form of heroin or other psychotropic or narcotic substances.(3) It is appropriate that the Council should authorise the Commission, in consultation with a special committee appointed by the Council, to approve amendments on behalf of the Community where the Agreement provides for them to be adopted by the Joint Follow-up Group. Such authorisation must, however, be limited to the amendment of the Annexes to the Agreement in so far as such amendment concerns substances already covered by Community legislation on drugs precursors and chemical substances.(4) The Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and the Turkish Republic on precursors and chemical substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 21. The Community shall be represented in the Joint Follow-up Group provided for in Article 9 of the Agreement by the Commission, assisted by the representatives of the Member States.2. The Commission is authorised to approve, on behalf of the Community, amendments to the Annexes to the Agreement adopted by the Joint Follow-up Group under the procedure laid down in Article 10 of the Agreement.The Commission shall be assisted in carrying out this task by a special committee appointed by the Council with instructions to establish a common position.3. The authorisation referred to in paragraph 2 shall be limited to those substances which are already covered by the relevant Community legislation on drugs precursors and chemical substances.Article 3The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement.Article 4The President of the Council shall carry out, on behalf of the Community, the exchange of instruments provided for in Article 12 of the Agreement(1).Article 5This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 16 December 2002.For the CouncilThe PresidentM. Fischer Boel(1) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: Council Decision (EU) 2015/634 of 20 April 2015 appointing a Belgian member of the European Economic and Social Committee

text:
               23.4.2015

               EN

               Official Journal of the European Union

               L 104/16

         COUNCIL DECISION (EU) 2015/634
   of 20 April 2015
   appointing a Belgian member of the European Economic and Social Committee
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the Belgian Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

               (2)

               On 24 June 2014 the Council adopted Decision 2014/411/EU appointing a Belgian member of the European Economic and Social Committee (2).

               (3)

               This member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Alessandro GRUMELLI,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Ferdinand WYCKMANS, Algemeen Secretaris Landelijke bediendencentrale — Nationaal Verbond voor Kaderpersoneel Noordergewest (LBC-NVK), is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 20 April 2015.

            For the Council

            The President

         J. DŪKLAVS

      (1)  OJ L 251, 25.9.2010, p. 8.

      (2)  OJ L 190, 28.6.2014, p. 82.


title: 2010/621/EU: Council Decision of 8 October 2010 on the signing, on behalf of the European Union, of the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of diplomatic, service or official passports

text:
               19.10.2010

               EN

               Official Journal of the European Union

               L 273/2

         COUNCIL DECISION
   of 8 October 2010
   on the signing, on behalf of the European Union, of the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of diplomatic, service or official passports
   (2010/621/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(a), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In order to harmonise their visa policy with the provisions of Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (1), some Member States granted visa waiver to the nationals of the Federative Republic of Brazil (‘Brazil’) prior to their accession to the Union, as Brazil figures on the list of third countries whose nationals are exempt from the visa requirement.

               (2)

               For constitutional reasons, Brazil cannot grant visa waiver to the Member States unilaterally; it is necessary to conclude a visa waiver agreement to be ratified by the Brazilian Parliament.

               (3)

               Brazil has bilateral visa waiver agreements with most of the Member States, concluded either prior to their accession to the Union or prior to the establishment of the common visa policy. However, there are still four Member States, with whom no bilateral visa waiver agreement was concluded in the past, therefore Brazil still requires a visa from the nationals of these Member States for short stays.

               (4)

               It stems from the nature of the common visa policy and the exclusive external competence of the Union in this area that only the Union can negotiate and conclude a visa waiver agreement, and not the individual Member States.

               (5)

               In view of the non-reciprocal treatment of Brazil towards certain Member States, the Council, by its Decision of 18 April 2008, authorised the Commission to negotiate an agreement between the Union and Brazil on short-stay visa waiver in order to ensure full reciprocal visa waiver.

               (6)

               Negotiations on the agreement were opened on 2 July 2008 and concluded on 19 November 2009.

               (7)

               Subject to its conclusion at a later date, the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of diplomatic, service or official passports initialled in Brussels on 28 April 2010, should be signed.

               (8)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (2); the United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (9)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (3); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and the Federative Republic of Brazil on short-stay visa waiver for holders of diplomatic, service or official passports (‘the Agreement’) is hereby approved on behalf of the Union, subject to its conclusion (4).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union, subject to its conclusion.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 8 October 2010.

            For the Council

            The President

         M. WATHELET

      (1)  OJ L 81, 21.3.2001, p. 1.

      (2)  OJ L 131, 1.6.2000, p. 43.

      (3)  OJ L 64, 7.3.2002, p. 20.

      (4)  The text of the Agreement will be published together with the decision on its conclusion.


title: Council Decision (CFSP) 2015/157 of 30 January 2015 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia

text:
               31.1.2015

               EN

               Official Journal of the European Union

               L 26/29

         COUNCIL DECISION (CFSP) 2015/157
   of 30 January 2015
   amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 31 January 2011, the Council adopted Decision 2011/72/CFSP (1).

               (2)

               The restrictive measures set out in Decision 2011/72/CFSP apply until 31 January 2015. On the basis of a review of that Decision, those restrictive measures should be extended until 31 January 2016. The entries for three persons should be amended.

               (3)

               Decision 2011/72/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2011/72/CFSP is amended as follows:

               (1)

               Article 5 is replaced by the following:
               ‘Article 5
               This Decision shall apply until 31 January 2016. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’;

               (2)

               the Annex is amended as set out in the Annex to this Decision.

         Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 30 January 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  Council Decision 2011/72/CFSP of 31 January 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia (OJ L 28, 2.2.2011, p. 62).

      ANNEX
      The entries for the following persons set out in the Annex to Decision 2011/72/CFSP are replaced by the entries below.

                  Name

                  Identifying information

                  Grounds

                  3.

                  Moncef Ben Mohamed Ben Rhouma TRABELSI

                  Tunisian, born in Tunis 4 March 1944, son of Saida DHERIF, married to Yamina SOUIEI, managing director, formerly residing at 11 rue de France — Radès Ben Arous, holder of NIC No 05000799.
                  Deceased 4 April 2011.

                  Person (deceased) whose activities are subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and complicity in exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person.

                  12.

                  Mohamed Adel Ben Mohamed Ben Rehouma TRABELSI

                  Tunisian, born in Tunis 26 April 1950, son of Saida DHERIF, married to Souad BEN JEMIA, managing director, formerly residing at 3 rue de la Colombe — Gammarth Supérieur, holder of NIC No 00178522.
                  Deceased 27 January 2011.

                  Person (deceased) whose activities are subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and complicity in exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person.

                  32.

                  Faouzi Ben Haj Hamda Ben Haj Hassen BEN ALI

                  Tunisian, born in Hammam-Sousse 13 March 1947, married to Zohra BEN AMMAR, managing director, formerly residing at rue El Moez — Hammam — Sousse, holder of NIC No 02800443.
                  Deceased 25 February 2011.

                  Person (deceased) whose activities are subject to judicial investigations by the Tunisian authorities for complicity in the misappropriation of public monies by a public office-holder, complicity in the misuse of office by a public office-holder to procure an unjustified advantage for a third party and to cause a loss to the administration, and complicity in exerting wrongful influence over a public office-holder with a view to obtaining directly or indirectly an advantage for another person.


title: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 28 June 1977 opening tariff preferences for products covered by that Community and originating in Israel

text:
7 . 7 . 77                          Official Journal of the European Communities                         No L 169/31
                                                      DECISION
              OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER
              STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING
                                              WITHIN THE COUNCIL,
                                                    of 28 June 1977
              opening tariff preferences for products covered by that Community and origi
                                                    nating in Israel
                                                     (77/423/ ECSC)
THE REPRESENTATIVES OF THE GOVERNMENTS OF                                              Article 2
THE MEMBER STATES OF THE EUROPEAN COAL
AND STEEL COMMUNITY, MEETING WITHIN THE                        The provisions laying down the rules of origin for the
COUNCIL,                                                        implementation of the Agreement between the Euro
                                                                pean Economic Community and the State of Israel
Whereas the Member States have concluded among                 shall apply to the products referred to in this Deci
themselves the Treaty establishing the European Coal           sion .
and Steel Community ;
Whereas the Agreement between the European                                             A rticle 3
Economic Community and the State of Israel, entered
into force on 1 July 1975 ;                                    The Member States shall decide by common accord
                                                               on any contingent protective measures suggested by
Whereas the Agreement between the Member States                one or more Member States or by the Commission .
of the European Coal and Steel Community and the
State of Israel is subject to the approval of each signa
tory State in accordance with its own constitutional                                   Article 4
rules ;
                                                               This Decision shall expire on the entry into force of
Anxious to continue to apply autonomously and                  the Agreement between the Member States of the
concomitantly the tariff reductions laid down in that           European Coal and Steel Community and the State of
Agreement ;                                                     Israel, and no later than 30 June 1978 .
In agreement with the Commission,
                                                                                Article 5
                                       /
HAVE DECIDED AS FOLLOWS :                                      Member States shall adopt all the measures necessary
                                                               for the implementation of this Decision .
                         Article 1
                                                               Done at Luxembourg, 28 June 1977.
With effect from 1 July 1977, the duties applicable in
the Community to imports of products covered by the                                           The President
European Coal and Steel Community and originating
in Israel shall be suspended .                                                                W. RODGERS


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31986D0588

86/588/EEC, Euratom, ECSC: Council Decision of 24 November 1986 fixing the number of officials whose service may be terminated in 1987

Official Journal L 339 , 02/12/1986 P. 0031

*****COUNCIL  DECISION  of 24 November 1986  fixing the number of officials whose service may be terminated in 1987  (86/588/EEC, Euratom, ECSC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,  Having regard to Council Regulation (ECSC, EEC, Euratom) No 3518/85 of 12 December 1985 introducing special measures to terminate the service of officials of the European Communities as a result of the accession of Spain and Portugal (1), and in particular the first subparagraph of Article 2 (2) thereof,  Having regard to the proposal from the Commission,  Whereas, for each institution, the number of officials eligible for termination of service measures during 1987 should be fixed in accordance with the abovementioned Regulation,  HAS DECIDED AS FOLLOWS:  Sole Article  The number of officials eligible for termination of service measures in 1987 shall be:  50 for the European Parliament  24 for the Council,  150 for the Commission (under the 'operating' budget),  15 for the Commission (under the 'research' budget),  4 for the Court of Justice,  4 for the Economic and Social Committee,  3 for the Court of Auditors.  Done at Brussels, 24 November 1986.  For the Council  The President  G. HOWE  (1) OJ No L 335, 13. 12. 1985, p. 56.


title: 2011/786/EU: Commission Decision of 29 November 2011 on the safety requirements to be met by European standards for bicycles, bicycles for young children, and luggage carriers for bicycles pursuant to Directive 2001/95/EC of the European Parliament and of the Council  Text with EEA relevance

text:
               2.12.2011

               EN

               Official Journal of the European Union

               L 319/106

         COMMISSION DECISION
   of 29 November 2011
   on the safety requirements to be met by European standards for bicycles, bicycles for young children, and luggage carriers for bicycles pursuant to Directive 2001/95/EC of the European Parliament and of the Council
   (Text with EEA relevance)
   (2011/786/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), and in particular Article 4(1)(a) thereof,
   Whereas:

               (1)

               Directive 2001/95/EC provides for European standards to be set by European standardisation bodies. These standards should ensure that products satisfy the general safety requirement of the Directive.

               (2)

               Under Directive 2001/95/EC, a product is to be presumed safe when it meets the voluntary national standards transposing European standards, the references of which were published by the Commission in the Official Journal of the European Union.

               (3)

               Article 4 of Directive 2001/95/EC lays down the procedure for drawing up European standards. Under that procedure, the Commission is to set the specific safety requirements which European standards should satisfy and subsequently give a mandate to the European standardisation bodies to draw up those standards.

               (4)

               The Commission is to publish the references of the European standards adopted in the Official Journal of the European Union.

               (5)

               Under the second subparagraph of Article 4(2) of Directive 2001/95/EC, the references of European standards adopted by the European standardisation bodies before the entry into force of that Directive may be published in the Official Journal of the European Union, even without a Commission mandate, provided that the standards ensure compliance with the general safety requirement laid down in that Directive.

               (6)

               By Decision 2006/514/EC (2), the Commission published in the Official Journal of the European Union the references of European standards EN 14764:2005 for city and trekking bicycles, EN 14766:2005 for mountain bicycles, EN 14781:2005 for racing bicycles, and EN 14872:2006 for luggage carriers for bicycles.

               (7)

               The four European standards covered by Decision 2006/514/EC are not supported by a Commission mandate adopted in accordance with Article 4(1) of Directive 2001/95/EC.

               (8)

               The European Standardisation Committee (CEN) has announced that European standards EN 14764:2005, EN 14766:2005 EN 14781:2005, and EN 14872:2006 will be revised. The references of the new versions of those standards following the revision cannot be published in the Official Journal of the European Union in the absence of a Commission mandate laying down specific safety requirements.

               (9)

               The Commission should therefore set specific safety requirements for bicycles and luggage carriers for bicycles with a view to mandating the European standardisation bodies to develop European standards on the basis of those requirements.

               (10)

               Bicycles for young children, which are not considered as toys within the meaning of the Toys Safety Directive (Directive 2009/48/EC of the European Parliament and of the Council (3)), if unsafe, can expose children to serious injuries in the head, chest, abdomen or limbs, particularly as a result of falls.

               (11)

               Young cyclists tend to be injured while playing or riding too fast (4) and are particularly vulnerable to falls, both because they are developing their motor skills, as they grow, and because they are in the process of learning bicycle handling skills, including the ability to avoid obstacles, pedestrians or other cyclists. These factors, compounded with children’s higher centre of gravity, makes balancing difficult.

               (12)

               According to the Injury Data Base, 37 % of injuries involving a bicycle user in the EU concerned children aged between 5 and 9 years (5) Although road accidents account for a significant share of these accidents, many accidents take place while playing, as young cyclists collide with objects or other people, or simply fall off their bikes. In the United Kingdom, it has been estimated that over 2 000 children are taken to hospital each year after a cycling accident at home, and a further 21 000 after accidents in places like parks and playgrounds (6).

               (13)

               European standard EN 14765:2005+A1:2008 specifies safety requirements and test methods for bicycles for young children, which are excluded from the scope of the Toys Safety Directive (Directive 2009/48/EC). However this standard is not supported by a Commission mandate.

               (14)

               It is therefore necessary to set safety requirements, and call for the development of European standards according to these requirements for bicycles for young children, which are not considered as toys within the meaning of the Toys Safety Directive (Directive 2009/48/EC).

               (15)

               Once the relevant standards are available, and provided that the Commission decides to publish their reference in the Official Journal, according to the procedure laid down in Article 4(2) of Directive 2001/95/EC, bicycles, bicycles for young children, and luggage carriers for bicycles that comply with those standards are presumed to meet the general safety requirement of Directive 2001/95/EC, as far as the safety requirements covered by the standards are concerned.

               (16)

               The measures provided for in this Decision are in accordance with the opinion of the Committee set up under Article 15 of Directive 2001/95/EC. Neither the European Parliament nor the Council has opposed them,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of this Decision, the following definitions shall apply:

               (a)

               ‘Bicycle’ means a two-wheeled vehicle that is propelled solely or mainly by the muscular energy of the rider, excluding vehicles with two or more saddles.

               (b)

               ‘Bicycle for young children’ means a bicycle with a maximum saddle height of more than 435 mm and less than 635 mm, intended for riders of an average weight of 30 kg.

               (c)

               ‘City and trekking bicycle’ means a bicycle with a maximum saddle height of 635 mm or more intended for use on public roads, including non-paved roads.

               (d)

               ‘Mountain bicycle’ means a bicycle with a maximum saddle height of 635 mm or more designed for off-road use on rough terrain, public roads and public pathways which is equipped with a suitably strengthened frame and other components, and, typically, with wide-section tyres with coarse tread patterns and a wide range of transmission gears.

               (e)

               ‘Racing bicycle’ means a bicycle with a maximum saddle height of 635 mm or more intended for high-speed use on public roads. These bicycles are generally intended for use on a paved track.

               (f)

               ‘Luggage carrier for bicycles’ means a device or container, excluding trailers, which is mounted and permanently attached above and/or adjacent to the rear wheel (rear luggage carrier), or to the front wheel (front luggage carrier) of a bicycle and which is exclusively designed for carrying luggage or children seated in a child seat.

         Article 2
   The Annex to this Decision sets out the specific safety requirements for bicycles, bicycles for young children, and luggage carriers for bicycles to be met by European standards pursuant to Article 4 of Directive 2001/95/EC.
   Article 3
   This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      Done at Brussels, 29 November 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 11, 15.1.2002, p. 4.

      (2)  OJ L 200, 22.7.2006, p. 35.

      (3)  OJ L 170, 30.6.2009, p. 1.

      (4)  http://www.rospa.com/roadsafety/info/cycling_accidents.pdf

      (5)  IDB Database 2006-2008.

      (6)  http://www.capt.org.uk/resources/talking-about-cycle-safety

      ANNEX
      PART I

         Specific safety requirements for bicycles

         SECTION 1

         Safety requirements applicable to all types of bicycles

      1.   General requirements

      All types of bicycles shall be designed to fit the riding abilities and physical state of the intended user. Particular attention must be given to the design of bicycles for young children.
      The level of risks of injury or damage to health while riding a bicycle shall be the minimum compatible with reasonable, foreseeable use of the product, considered to be acceptable and consistent with a high level of health and safety protection.
      All parts accessible to the user during normal or intended use shall not cause physical injuries.
      Users shall be informed of the risks and dangers likely to occur and how to prevent them (see section on product safety information).
      Bicycles shall be equipped with lighting equipment and reflectors at the front, back and at the sides to ensure good visibility of the bicycle and of its rider. These devices shall comply with the provisions in force in the country in which the product is marketed.
      The manufacturer shall indicate the recommended maximum permissible load (e.g. weight of rider and passengers, luggage, luggage carrier, etc.) for which a bicycle is designed.
      The manufacturer shall indicate whether or not a bicycle is suitable for the fitting of a luggage carrier and (or) a child seat.
      2.   Physical properties

         Handling

      The fully-assembled bicycle shall offer stable handling while riding, braking, turning and steering. It shall be possible to ride the bicycle with one hand removed from the handlebar (as when giving hand signals) without it becoming difficult to operate or hazardous to the rider.

         Stability

      All parts of a bicycle shall be constructed to provide a level of stability compatible with normal use by the intended user.
      It shall be possible to ride the bicycle with one hand removed from the handlebar (as when giving hand signals) without it becoming difficult to operate or hazardous to the rider. The bicycle with a loaded luggage carrier shall offer stable handling while riding, braking, turning and steering.

         Durability/Fatigue

      All parts of a bicycle shall be safe for the intended user during the whole duration of the product. Where appropriate, these parts shall feature an indication of wear limits within which they shall be replaced in order to be fully functional.
      The effect of weather conditions (e.g. rain) on the braking systems shall be minimised.

         Braking systems

      A bicycle shall be equipped with at least two independent braking systems. At least one shall operate on the front wheel and one on the rear wheel. The braking systems shall be designed to ensure safety for both wet and dry braking.
      The decision on whether the rear braking system is operated by the rider’s hand or foot should be in accordance with the legislation, custom or preference of the country to which the bicycle is to be supplied.

         Sharp edges

      Any exposed edges that could come into contact with the user’s body during normal riding or normal handling or maintenance shall not be sharp.

         Entrapment

      Bicycles shall not pose any risk of entrapment that can be avoided by design.
      If there is a risk of entrapment during normal use or maintenance, this shall be mentioned in the users’ manual/warnings on the bicycle.

         Protrusions

      Protrusions shall be avoided whenever harmful to the user.
      3.   Mechanical properties

         Folding mechanisms

      Folding mechanisms shall be functional, stable and safe against unintentional opening during use and shall not cause injuries.

         Fasteners

      All fasteners, screws, spokes and nipples used on a bicycle shall be accurately sized and made of suitable material to avoid injuries.
      All fasteners and screws used at safety-relevant points on a bicycle shall be secured to avoid unintentional loosening.

         Adjustability and controls

      Bicycle parts designed to be adjusted to the size or to the shape of the user, such as the saddle or the handlebar, shall be easily manipulated without jeopardising the safety of the user. The instructions shall indicate the appropriate tool to use, taking into account the intended user. All control parts shall be easily and safely accessible under conditions of normal use. They shall be constructed and mounted to enable the user to keep control of the bicycle. In particular, the rider shall be able to brake and shift gears with at least one hand on the handlebar.
      4.   Chemical properties

      All items which come into contact with the rider shall not cause any toxicity hazard to the intended user, particularly as regards bicycles for children.
      5.   Testing methods

      The standard shall describe stability tests, performance tests to assess maximum loads, drive train, braking, steering, frame parts endurance and fatigue tests.
      6.   Product safety information

      Product safety information shall be written in the language(s) of the country in which the product is sold.
      Product safety information shall be provided with all types of bicycles. Such information shall be readable, understandable and as comprehensive as possible, while remaining concise.
      Visual tools, such as pictograms and illustrations shall feature prominently in the product safety information.
      Safety information shall include purchase information, instructions for use, cleaning, checking and maintenance, markings and warnings and shall draw attention to hazards likely to occur and the precautions to be taken in order to avoid accidents.
      Safety information shall include instructions on how to position reflectors and lamps to ensure maximum visibility, according to the provisions in force in the country in which the product is marketed.
      There shall be no conflict between the safety information supplied with the product and the normal use of the product.
      The frame shall be conspicuously and permanently marked with a sequential frame number at a readily visible location and include the name and address of the operator who assembled the bike (or of its representative).

         SECTION 2

         Additional safety requirements applicable to specific bicycles

      For bicycles included in this section, in addition to the safety requirements in Section 1 further requirements shall apply as specified below.
      1.   Bicycles for young children

      The maximum saddle height and average weight limits are based on anthropometric data (average weight and length of legs according to age). For these bicycles, the following requirements shall apply:

                  —

                  no quick-release devices of any type shall be used,

                  —

                  toe straps and toe clips shall not be fitted,

                  —

                  the force of front brakes shall be limited to prevent loss of control of the bicycle due to blocking wheels,

                  —

                  it shall be possible to fit or remove stabilisers without releasing the fixing of the rear wheel axle,

                  —

                  bicycles for young children shall not pose a danger of entrapment in any possible position of the seat,

                  —

                  bicycles for young children shall be equipped with at least two independent braking systems, one on the front and one on the rear.

            2.   Mountain bicycles

      On mountain bicycles, all safety components shall be designed to withstand all forces that are higher during normal use than on other types of bicycles (e.g. vibration and knocks caused by rough roads, higher forces on the drive and steering components and brakes) and to withstand brake fading.
      3.   Racing bicycles

      On racing bicycles, all safety components shall be designed to withstand all forces that are higher during normal use than on other types of bicycles (e.g. higher speed, higher force on the drive and steering components and brakes).
      PART II

         Specific safety requirements for luggage carriers for bicycles

      1.   General requirements

      Specific requirements and test methods for luggage carriers for bicycles shall guarantee the safety of the user and of the child, when transported on the bicycles. The product shall pass tests to ascertain its stability and durability, as well as its resistance to fatigue and to temperature.
      2.   Classification

      Luggage carriers shall be divided into classes of load capacity, according to the intended use and to the point on the bicycle where the luggage carrier will be clamped into position.
      3.   Size

      Luggage carriers intended to carry child seats shall be of an appropriate size for this type of use.
      4.   Stability

      All parts of a luggage carrier shall be designed in such a way that the product provides sufficient stability for normal use by the intended users.
      Luggage carrier parts shall be firmly assembled and fixed using the fixing devices provided or those specified by the manufacturer, and according to the manufacturer’s instructions.
      All fixing devices shall be accurately sized.
      The effects of the weather conditions on the safety performance of a luggage carrier shall be minimised.
      5.   Sharp edges

      Exposed edges which may come into contact with the body of the rider or of the transported child during normal riding or normal handling and maintenance shall not pose the risk of injury. Spring ends shall be rounded or fitted with protective caps.
      6.   Protrusions

      To prevent or minimise risk to the user or to transported child, protrusions shall either be avoided or designed appropriately.
      7.   Visibility

      The product shall be designed so as to ensure that the bicycle remains visible when used in dark or poor visibility conditions.
      8.   Product safety information

      Regardless of whether the luggage carrier is sold separately as an accessory or already mounted on the bicycle, the product shall contain at least the following information for consumers:

                  (a)

                  how and where the luggage carrier is to be attached to the bicycle;

                  (b)

                  maximum load capacity of the carrier and warning not to exceed this load, to be permanently marked on the product;

                  (c)

                  whether the carrier is suitable for the attachment of a child seat;

                  (d)

                  warning that luggage can only be safely carried on the carrier;

                  (e)

                  warning not to modify the luggage carrier;

                  (f)

                  warning that the fasteners are to be secured and checked frequently;

                  (g)

                  warning that the bicycle may behave differently (particularly with regard to steering and braking) when the luggage carrier is loaded;

                  (h)

                  warning to ensure that any luggage or child seat fitted to the luggage carrier is securely fitted in accordance with the manufacturer’s instructions and to ensure that there are no loose straps that could get caught in any of the wheels;

                  (i)

                  instructions on how to position reflectors and lamps to ensure visibility at any moment, especially when, for example, luggage is loaded on the carrier;

                  (j)

                  information containing the name and address of the manufacturer, importer or representative, trademark, model and production batch number or reference shall be displayed visibly, legibly and permanently on the product;

                  (k)

                  information on the type(s) of bicycles for which the luggage carriers are intended, unless the product is sold as part of the bicycle and already attached to it.


Avis juridique important

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32004D0042

2004/42/EC: Council Decision of 27 October 2003 on the conclusion of an agreement between the European Community and the Russian Federation amending the Agreement between the European Coal and Steel Community and the Government of the Russian Federation on trade in certain steel products of 9 July 2002

Official Journal L 009 , 15/01/2004 P. 0021 - 0021

Council Decisionof 27 October 2003on the conclusion of an agreement between the European Community and the Russian Federation amending the Agreement between the European Coal and Steel Community and the Government of the Russian Federation on trade in certain steel products of 9 July 2002(2004/42/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part(1), entered into force on 1 December 1997.(2) Article 21 of the Partnership and Cooperation Agreement provides that trade in European Coal and Steel Community (hereinafter referred to as "the ECSC") products shall be governed by Title III, save for Article 15 thereof, and by the provisions of an agreement.(3) On 9 July 2002 the ECSC and the Government of the Russian Federation concluded such an Agreement on trade in certain steel products(2), approved on behalf of the ECSC by Commission Decision 2002/603/ECSC(3).(4) The ECSC Treaty expired on 23 July 2002. The Parties agreed in accordance with Article 10(2) of the Agreement on trade in certain steel products that it should be continued and that all rights and obligations should be maintained after such expiry.(5) The Parties entered into consultations as provided for in Agreed Minute No 2 of the abovementioned Agreement and concluded that the product coverage of the Agreement has to be extended to include also product groups SA5 and SA6 with corresponding quantitative limits,HAS DECIDED AS FOLLOWS:Article 11. The Agreement between the European Community and the Government of the Russian Federation amending the Agreement between the ECSC and the Government of the Russian Federation concerning trade in certain steel products of 9 July 2002 is hereby approved on behalf of the Community.2. The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement referred to in Article 1.Done at Luxembourg, 27 October 2003.For the CouncilThe PresidentA. Matteoli(1) OJ L 327, 28.11.1997, p. 3.(2) OJ L 195, 24.7.2002, p. 55.(3) OJ L 195, 24.7.2002, p. 54.