title: Decision No 1041/2009/EC of the European Parliament and of the Council of 21 October 2009 establishing an audiovisual cooperation programme with professionals from third countries (MEDIA Mundus)

text:
               4.11.2009

               EN

               Official Journal of the European Union

               L 288/10

      DECISION No 1041/2009/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 21 October 2009
   establishing an audiovisual cooperation programme with professionals from third countries
   (MEDIA Mundus)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 150(4) and 157(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
   Whereas:

               (1)

               The audiovisual sector contributes to achieving the goals of the Lisbon Agenda, namely to boost competitiveness, skills, growth and jobs in a knowledge-based economy. It plays a major role in the context of the i2010 initiative — the policy umbrella for the European information society and media policies — in the framework of the Lisbon Agenda.

               (2)

               The European Parliament has consistently emphasised that the audiovisual sector makes an important contribution to the European creative and knowledge economy and plays a central role in promoting cultural diversity and pluralism, as well as being an important platform for freedom of speech.

               (3)

               The cultural and creative sectors contribute substantially to the European cultural economy and in 2004 creative industries employed at least 5,8 million people, equivalent to 3,1 % of the total employed EU-25 population.

               (4)

               Community support to the audiovisual sector takes into account Article 151 of the Treaty, which states that the Community and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of culture, and that the Community shall take cultural aspects into account in its action, in particular in order to respect and to promote the diversity of its cultures.

               (5)

               In its resolution of 16 November 2007 on a European Agenda for Culture (4), the Council considered that culture was a vital element of international relations and underlined the need to enhance its role in the EU’s external relations and development policy. The European Parliament, in its resolution of 10 April 2008 on a European agenda for culture in a globalising world, also underlined, with respect to the Unesco Convention on the Protection and Promotion of the Diversity of Cultural Expressions, the importance of integrating a cultural dimension into all policies and programmes, including external policies and development.

               (6)

               On 21 November 2008 the Council and the Representatives of the Governments of the Member States, meeting within the Council, adopted conclusions on the promotion of cultural diversity and intercultural dialogue in the external relations of the Union and its Member States (5).

               (7)

               The Commission’s communication of 8 June 2006 on ‘Europe in the world’ emphasises the inextricable link between the EU’s internal and external policies, and stresses that Europe has the potential to share in the new opportunities created by emerging markets and globalisation, as it has an open society that can absorb people, ideas and new technologies.

               (8)

               The European Union was a major player in the process leading to the adoption of the Unesco Convention on the Protection and the Promotion of the Diversity of Cultural Expressions which entered into force on 18 March 2007, following the ratification by the European Community and 13 Member States on 18 December 2006. The Convention’s aim is to strengthen international cooperation and solidarity so as to favour the cultural expressions of all countries. According to Article 12(e) of the Convention, parties to the Convention ‘shall encourage the conclusion of co-production and co-distribution agreements’.

               (9)

               A number of Member State activities aim at increasing cooperation between European and third countries’ audiovisual industries, such as international co-production funds and co-production treaties. Community support will be complementary to such actions.

               (10)

               The Charter of Fundamental Rights of the European Union, in Article 11, recognises freedom of expression and pluralism of the media.

               (11)

               The evaluation report of the MEDIA Plus programme identified the importance of international markets to overcoming the problems of the European audiovisual industry.

               (12)

               The international audiovisual landscape has changed significantly over the last two decades and is currently facing new challenges, notably under the impact of technological developments such as digital cinema projection, video on demand (VOD) or multi-channel digital television. This has created strong financial growth and promising investments and, consequently, a strong and growing demand for more audiovisual content, offering numerous opportunities to companies. Accordingly, there is a strong and increasing interest in developing projects relating to the various digital applications. In addition, there is a strong link between international cooperation on projects and the Union’s ability to promote in the world its regulatory model on audiovisual issues and the convergence between audiovisual and electronic communications.

               (13)

               Given the increasing importance of the international dimension of audiovisual policy, the European Parliament, on 13 December 2007, adopted, in the 2008 budget, a preparatory action MEDIA International, that focuses on developing the Union’s relations with third-country audiovisual markets and provides the opportunity for structuring and strengthening relations and networks between European and third-country professionals in the audiovisual sector, for the mutual benefit of the European industry and the third countries involved. The subsequent call for proposals attracted great interest from both European and third-country professionals. Eighteen projects were selected for support. The first year of the preparatory action MEDIA International thus confirmed the sector’s interests and needs in the international field and the necessity for Community action.

               (14)

               The European Parliament renewed the preparatory action MEDIA International with an increased budget for 2009.

               (15)

               On 19 May 2008, at an informal gathering in Cannes, ministers responsible for audiovisual matters from a number of Member States welcomed the European Parliament’s initiative on the preparatory action MEDIA International and encouraged the Commission ‘to pursue the development of this initiative and to examine the desirability and the possibility of presenting a proposal for a support programme to promote cooperation between European audiovisual industry professionals and industry professionals in third countries for the mutual benefit of all participants’.

               (16)

               An open public consultation demonstrated strong support for strengthened cooperation between European and third-country professionals in the audiovisual sector, notably in the fields of training, the facilitation of co-productions, distribution and circulation of audiovisual works (including new platforms, such as VOD, and Internet protocol television (IPTV)) and film literacy.

               (17)

               Access to audiovisual markets in third countries should be facilitated by disseminating market knowledge among professionals operating in those markets and by creating networks between them. For those purposes, projects to provide training should be supported within the framework of a programme.

               (18)

               The distribution sector determines the diversity of audiovisual works on offer and consumer choice. European distributors are small companies, and because of the structure and fragmentation of the market, they are, unlike their large vertically-integrated competitors, ill equipped for gaining access to international markets. Furthermore, new players and distribution platforms have emerged, boosting or requiring more audiovisual content. It is therefore appropriate to take measures to improve the distribution, circulation and exhibition of European works in third countries and those of third countries within Europe.

               (19)

               There is therefore a need to establish a Community programme for the audiovisual sector, providing financial support to projects in the fields of information exchange and training, competitiveness, distribution, circulation and exhibition of audiovisual content.

               (20)

               In order to ensure the maximum mutual benefit and to simplify administration, projects under the programme should be proposed and implemented jointly by professionals from the European Union and from third countries and should promote international networking. In order to simplify administration, projects should be coordinated by a professional established in a country participating in the programme.

               (21)

               Appropriate measures should be drawn up and implemented to prevent irregularities and fraud and to recover funds which have been lost or transferred or used improperly.

               (22)

               It is appropriate to lay down, for the entire duration of the programme, a financial envelope constituting the prime reference for the budgetary authority, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (6).

               (23)

               The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7).

               (24)

               The arrangements for monitoring and evaluating the programme should include detailed annual reports as well as specific, measurable, achievable, relevant and time-bound objectives and indicators.

               (25)

               Since the objectives of this Decision cannot be sufficiently achieved by the Member States, given the transnational and international character of the proposed actions, and can therefore, by reason of the scale and effects of those actions, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives,

         HAVE DECIDED AS FOLLOWS:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Establishment and aims of the programme
   1.   This Decision establishes the programme MEDIA Mundus (the programme) for the funding of projects for international cooperation in the audiovisual sector for the period from 1 January 2011 to 31 December 2013.
   2.   The aims of the programme are to increase the competitiveness of the European audiovisual industry, to enable Europe to play its cultural and political role in the world more effectively and to increase consumer choice and cultural diversity. The programme will seek to improve access to third-country markets and to build trust and long-term working relationships.
   Article 2
   Scope of the programme
   The programme is addressed to European and third-country professionals.
   Article 3
   Definitions
   For the purposes of this Decision, the following definitions shall apply:

               1.

               ‘European professional’ means a professional who:

                           (a)

                           is a national of:

                                       (i)

                                       an EU Member State; or

                                       (ii)

                                       an EFTA State which is a member of the EEA, in accordance with the provisions of Part VI of the EEA agreement; or

                                       (iii)

                                       a country referred to in Article 8, paragraphs 1 and 2, of Decision No 1718/2006/EC (8), and not already mentioned under point (ii), where the country:

                                                   —

                                                   declares its willingness to be a member of the programme, and

                                                   —

                                                   pays a contribution, calculated on the same basis as its contribution to the MEDIA 2007 programme;

                                 or

                           (b)

                           is established as a legal person in one of the countries referred to in point (a)(i), or in a country fulfilling the requirements in points (a)(ii) or (iii), and is owned, whether directly or by majority participation, and continues to be owned by one or more of those countries or by one or more nationals from those countries until the end of the project;

               2.

               ‘third-country professional’ means a professional that is not a European professional;

               3.

               ‘third country’ means a country other than those referred to in point 1(a)(i), or those fulfilling the requirements set out in points 1(a)(ii) or (iii);

               4.

               ‘audiovisual work’ means a set of moving images with or without sound. Examples of audiovisual works include feature films, documentaries and animation films;

               5.

               ‘European works’ means audiovisual works originating in countries referred to in points 1(a)(i), (ii) or (iii).

         Article 4
   Conditions for participation in the programme
   1.   Projects shall be proposed and implemented jointly by European and third-country professionals in order to be eligible for funding under the programme.
   2.   Each project shall seek to promote international networking. To this end, each project shall have a minimum of three partners. However, projects with only two partners may be admitted where the necessary networking is guaranteed.
   3.   Each project shall be coordinated by a European professional and shall include at least one partner from a third country. The coordinator shall be responsible for the submission of the proposal, for the management of the project and for its financial administration and implementation.
   CHAPTER II

      SPECIFIC OBJECTIVES OF THE PROGRAMME

   Article 5
   Specific objective 1: Information exchange, training and market intelligence
   In the field of information exchange and training, the operational objective of the programme shall be to strengthen the skills of European and third-country professionals, notably by:

               (a)

               improving professionals’ understanding, in particular, of the operating conditions, legal frameworks (including in the area of intellectual property rights), financing systems and cooperation possibilities of their respective audiovisual markets;

               (b)

               securing and facilitating audiovisual cooperation between professionals by improving their level of knowledge of audiovisual markets;

               (c)

               facilitating networking and the emergence of long-term working relationships, in particular through scholarships; or

               (d)

               supporting initial and continuous professional training.

         Article 6
   Specific objective 2: Competitiveness and Distribution
   Regarding the improvement of the competitiveness of the European audiovisual industry and the distribution of European works outside Europe and those of third countries within Europe, the operational objectives of the programme shall be to:

               (a)

               facilitate the search for third-country partners for European works. The programme shall support the organisation of co-production markets and partner search events (pitching), aiming at bringing together possible partners (e.g. script writers, directors, actors, producers and distributors);

               (b)

               encourage international sales and promotion of European works in third-country markets and of audiovisual works from third countries in Europe. The programme shall encourage the conclusion of agreements between groupings of right-holders/sales agents/distributors to ensure distribution (e.g. in cinemas, on TV, IPTV, Web TV and on VOD platforms) and promotion.

         Article 7
   Specific objective 3: Circulation
   In order to improve the circulation and visibility of European works in third countries and those of third countries within Europe and to increase public demand for culturally diverse audiovisual content, particularly amongst young people, the operational objectives of the programme shall be to:

               (a)

               encourage cinema operators in European and third countries to reciprocally increase the programming and exhibition conditions (duration of, exposure and number of screenings) of exclusive first releases of audiovisual works. The programme shall support projects presented by cinema networks with screens in Europe and in third countries that programme a significant number of audiovisual works on the territory/territories of their partner(s);

               (b)

               increase the supply of audiovisual content and improve broadcasting and distribution conditions for audiovisual works from third countries on European distribution channels (e.g. TV, IPTV, Web TV, VOD platforms) and for European works through international distribution channels. The programme shall support partnerships between broadcasters (or VOD platforms) and rights-holders aiming at broadcasting a package of works or at distributing a catalogue of works on VOD platforms;

               (c)

               facilitate the organisation of events and film literacy initiatives, notably aimed at young audiences, intended to internationally promote the diversity of audiovisual works and increase public demand for culturally diverse audiovisual content.

         CHAPTER III

      FINANCIAL PROVISIONS AND ARRANGEMENTS FOR THE IMPLEMENTATION OF THE PROGRAMME

   Article 8
   Financial provisions
   1.   The measures financed under this Decision shall be implemented in accordance with Regulation (EC, Euratom) No 1605/2002 (9).
   2.   In accordance with Article 176(2) and (4) of Regulation (EC, Euratom) No 2342/2002 (10), the Commission may decide, depending on the beneficiaries and the type of action, whether they may be exempted from verification of the professional competencies and qualifications required to successfully complete an action or work programme.
   3.   Depending on the type of action, financial aid may take the form of grants (reimbursable in respect of the programme’s contribution, excluding support for dubbing/subtitling) or scholarships. The Commission may also award prizes for the programme’s activities or projects. Depending on the nature of the activity, flat-rate financing or the use of scales of unit costs may be authorised in accordance with Article 181 of Regulation (EC, Euratom) No 2342/2002.
   4.   Funding awarded under the programme may not exceed 50 % of the final costs of the project to be funded. However, in the cases expressly provided for in the annual work programme and in the call for proposals, funding may be as high as 80 %.
   5.   In accordance with Article 113(1) of Regulation (EC, Euratom) No 1605/2002, in conjunction with Article 172(1) of Regulation (EC, Euratom) No 2342/2002, the beneficiaries’ contribution may be provided either entirely or partly in kind if the value of the contribution can be established on the basis of costs actually borne and duly supported by accounting documents, or costs generally accepted in the market in question. Premises made available for training or promotional purposes may be included in such contributions.
   6.   In accordance with Article 112(1) of Regulation (EC, Euratom) No 1605/2002, the Commission may, where provided for in the annual work programme and in the call for proposals, decide that costs directly linked with implementing the project are eligible for funding, even if they were partially incurred by the beneficiary before the selection procedure.
   Article 9
   Implementation of the programme
   1.   The Commission is responsible for implementing the programme in accordance with the provisions laid down in the Annex. The Commission shall take steps to ensure that the actions supported under the specific objectives as set out in Articles 5 to 7 complement each other.
   2.   The following measures for the implementation of the programme shall be adopted in accordance with the management procedure referred to in Article 10(2):

               (a)

               an annual plan of work, including priorities;

               (b)

               an annual internal breakdown of the programme resources, including the breakdown between measures in the different fields;

               (c)

               the general guidelines for implementing the programme;

               (d)

               the content of the calls for proposals, the definition of the criteria and the procedures for the selection of projects;

               (e)

               selection of proposals for the allocation of Community funds in excess of:

                           —

                           EUR 200 000 per beneficiary per year, in the case of specific objective 1,

                           —

                           EUR 300 000 per beneficiary per year, in the case of specific objective 2,

                           —

                           EUR 300 000 per beneficiary per year, in the case of specific objective 3.

         3.   The Commission shall adopt selection decisions other than those listed in paragraph 2(e). The Commission shall provide the European Parliament and the committee referred to in Article 10 with all relevant information including the selection decisions taken in accordance with this paragraph within two working days of the adoption of these decisions.
   Article 10
   Committee procedure
   1.   The Commission shall be assisted by the committee established under Article 11 of Decision No 1718/2006/EC, composed of representatives of the Member States and chaired by the representative of the Commission.
   2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   3.   The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.
   Article 11
   Contribution of the programme to other Community policies and principles
   The programme shall help to strengthen the Community’s horizontal policies and principles by:

               (a)

               contributing to the debate on, and information about, the Union as an area of peace, prosperity and security;

               (b)

               promoting the fundamental principle of freedom of expression;

               (c)

               encouraging awareness of the importance of cultural diversity, common values, intercultural dialogue and multilingualism in the world;

               (d)

               enhancing the knowledge base of the European economy and contributing to strengthening the global competitiveness of the Union; and

               (e)

               helping to combat all forms of discrimination based on sex, race or ethnic origin, religion or beliefs, disabilities, age or sexual orientation.

         Article 12
   Consistency and complementarity
   The Commission shall pay particular attention to consistency and complementarity between the programme and other relevant Community policies, instruments and actions, in particular coordination with, and implementation of, the MEDIA 2007 programme and external cooperation programmes in the audiovisual and cultural sectors with third countries.
   Article 13
   Monitoring and evaluation
   1.   The Commission shall monitor the projects regularly. The results of the monitoring process shall be taken into account in the implementation of the programme.
   2.   The Commission shall ensure that the programme is evaluated, externally and independently.
   3.   The Commission shall present to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:

               (a)

               a communication on the possible continuation of the programme, by 31 January 2012;

               (b)

               an ex-post evaluation report by 31 December 2015.

         Article 14
   The financial envelope
   1.   The financial envelope for the implementation of the programme for the period set out in Article 1(1) is fixed at EUR 15 000 000.
   2.   The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.
   CHAPTER IV

      ENTRY INTO FORCE

   Article 15
   Entry into force
   This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2011.

      Done at Strasbourg, 21 October 2009.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         C. MALMSTRÖM

      (1)  Opinion of 25 March 2009 (OJ C 228, 22.9.2009, p. 100).

      (2)  Opinion of 21 April 2009 (OJ C 200, 25.8.2009, p. 51).

      (3)  Opinion of the European Parliament of 7 May 2009 (not yet published in the Official Journal) and Council Decision of 14 September 2009.

      (4)  OJ C 287, 29.11.2007, p. 1.

      (5)  OJ C 320, 16.12.2008, p. 10.

      (6)  OJ C 139, 14.6.2006, p. 1.

      (7)  OJ L 184, 17.7.1999, p. 23.

      (8)  Decision No 1718/2006/EC of the European Parliament and of the Council of 15 November 2006 concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007) (OJ L 327, 24.11.2006, p. 12).

      (9)  Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 248, 16.9.2002, p. 1).

      (10)  Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 357, 31.12.2002, p. 1).

      ANNEX

         ACTIONS TO BE IMPLEMENTED

      1.   Specific objective 1: Information exchange, training and market intelligence

         Operational objective

      Strengthen the skills of European and third-country professionals and improve their level of information and knowledge.
      Actions to be implemented:

                  —

                  Support the development and implementation of training modules including trainees and trainers from European and third countries, with a focus on the conditions of production, co-production, distribution, exhibition and dissemination of audiovisual works in the relevant international markets.

                  —

                  Support the development and implementation of training modules including trainees and trainers from European and third countries, with a focus on the inclusion of new technologies for the production, post-production, distribution (including new distribution platforms such as VOD, IPTV, Web TV), marketing and archiving of audiovisual works.

                  —

                  Encourage exchanges between the institutions and/or existing continuous training activities.

                  —

                  Contribute to training for trainers.

            2.   Specific objective 2: Competitiveness and distribution

      1.   Operational objective

      Facilitate the search for partners for co-productions.
      Actions to be implemented:

                  —

                  Support the organisation of forums for the development, financing, co-production and pre-sales of international co-productions, in particular co-production markets and partner search events (pitching), aiming at bringing together possible partners (e.g. script writers, directors, actors, producers and distributors).

            2.   Operational objective

      Encourage international sales and promotion of audiovisual works.
      Actions to be implemented:

                  —

                  Encourage the conclusion of agreements between groupings of European and third-country rights-holders/sales agents/distributors to ensure the distribution (e.g. in cinemas, on TV, IPTV, Web TV and on VOD platforms) of their respective audiovisual works on the territory/territories of their partner(s).

                  —

                  Raise public awareness, through reinforced promotion campaigns, of the release of films from European countries worldwide, and the release of third-country films in Europe.

                  —

                  Support dubbing and subtitling for the distribution and dissemination through all available channels of European and third-country audiovisual works for the benefit of producers, distributors and broadcasters.

                  —

                  Encourage the creation and consolidation of networks of artistic and industrial cooperation between European and third-country rights-holders/sales agents/distributors.

            3.   Specific objective 3: Circulation

      1.   Operational objective

      Encourage cinema operators in European and third countries to reciprocally increase the programming and exhibition conditions of exclusive first releases of audiovisual works.
      Actions to be implemented:

                  —

                  Support projects presented by European and third-country cinema owners in programming a significant share respectively of European and third-country films in commercial cinemas for exclusive first release for a minimum defined duration. The support granted will, in particular, be determined according to the duration of, exposure and number of screenings made by these cinemas for third-country films (or European films in the case of third-country cinema owners) over a reference period.

                  —

                  Support the creation and the consolidation of European and third-country cinema owners’ networks developing common actions for this type of programming.

            2.   Operational objective

      Increase the supply of audiovisual content and improve broadcasting and distribution conditions for third countries’ audiovisual works on European distribution channels and European works on third countries’ distribution channels.
      Actions to be implemented:

                  —

                  Support partnerships between European and third-country broadcasters (or VOD platforms etc.) and rights-holders aiming at broadcasting a package of European and third countries’ works or at distributing a catalogue of European works and third countries’ works on VOD platforms.

                  —

                  Build trust and long-term working relationships between European and third-country broadcasters, VOD platforms and rights-holders.

            3.   Operational objective

      Facilitate the organisation of events and film literacy initiatives.
      Actions to be implemented:

                  —

                  Support networking of European and third-country film literacy initiatives, in particular those aimed at young audiences, to internationally promote the diversity of audiovisual works.

                  —

                  Support partnerships between European and third-country broadcasters for the broadcasting of audiovisual works dedicated to young audiences.


64/681/EEC: Decision of 30 November 1964 of the Representatives of the Governments of the Member States of the European Community, meeting within the Council, on expedited alignment on common customs tariff duties applicable to certain products and on the levels at which such duties were suspended


title: 2010/241/: Council Decision of 26 April 2010 appointing one Dutch alternate member of the Committee of the Regions

text:
               29.4.2010

               EN

               Official Journal of the European Union

               L 107/19

         COUNCIL DECISION
   of 26 April 2010
   appointing one Dutch alternate member of the Committee of the Regions
   (2010/241/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Dutch Government,
   Whereas:

               (1)

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

               (2)

               An alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Harry DIJKSMA,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed to the Committee of the Regions as an alternate member for the remainder of the current term of office, which runs until 25 January 2015:
   Mr M.F.A. (René) van DIESSEN, Gedeputeerde (Deputy Queen’s Commissioner) of the Province of Flevoland,
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Luxembourg, 26 April 2010.

            For the Council

            The President

         M. Á. MORATINOS

      (1)  OJ L 348, 29.12.2009, p. 22 and OJ L 12, 19.1.2010, p. 11.


title: Council Decision 2014/455/CFSP of 11 July 2014 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

text:
               12.7.2014

               EN

               Official Journal of the European Union

               L 205/22

         COUNCIL DECISION 2014/455/CFSP
   of 11 July 2014
   amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1), and in particular Article 3(1) thereof,
   Whereas:

               (1)

               On 17 March 2014, the Council adopted Decision 2014/145/CFSP.

               (2)

               In view of the gravity of the situation in Ukraine, the Council considers that additional persons should be added to the list of persons, entities and bodies subject to restrictive measures as set out in the Annex to Decision 2014/145/CFSP.

               (3)

               The Annex to Decision 2014/145/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The persons listed in the Annex to this Decision shall be added to the list set out in the Annex to Decision 2014/145/CFSP.
   Article 2
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 11 July 2014.

            For the Council

            The President

         S. GOZI

      (1)  OJ L 78, 17.3.2014, p. 16.

      ANNEX
      LIST OF PERSONS REFERRED TO IN ARTICLE 1

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Aleksandr Yurevich BORODAI (Александр Юрьевич Бородай)

                  DOB: 25.7.1972 in Moscow

                  So called ‘Prime Minister of People's Republic of Donetsk’.
                  Responsible for the separatist ‘governmental’ activities of the so called ‘government of the Donetsk People' s Republic’ (e.g. on 8 July stated ‘our military is conducting a special operation against the Ukrainian “fascists”’), Signatory of the Memorandum of Understanding on ‘Novorossiya union’

                  12.7.2014

                  2.

                  Alexander KHODAKOVSKY (Александр Сергеевич Ходаковский)

                  So called ‘Minister of Security of People's Republic of Donetsk’.
                  Responsible for the separatist security activities of the so called ‘government of the Donetsk People' s Republic’

                  12.7.2014

                  3.

                  Alexandr Aleksandrovich KALYUSSKY, (Александр Александрович Калюсский)

                  So called ‘de facto Deputy Prime Minister for Social Affairs of DPR’.
                  Responsible for the separatist ‘governmental’ activities of the so called ‘government of the Donetsk People' s Republic’

                  12.7.2014

                  4.

                  Alexander KHRYAKOV

                  So called ‘Information and Mass Communications Minister of DPR’.
                  Responsible for the pro-separatist propaganda activities of the so called ‘government of the Donetsk People' s Republic’

                  12.7.2014

                  5.

                  Marat BASHIROV

                  So called ‘Prime Minister of the Council of Ministers of the People' s Republic of Luhansk, confirmed on 8 Jul’.
                  Responsible for the separatist ‘governmental’ activities of the so called ‘government of the People' s Republic of Luhansk’

                  12.7.2014

                  6.

                  Vasyl NIKITIN

                  So called ‘Vice Prime Minister of the Council of Ministers of the People' s Republic of Luhansk’, (used to be the so called ‘Prime Minister of the People' s Republic of Luhansk’, and former spokesman of the ‘Army of the Southeast’).
                  Responsible for the separatist ‘governmental’ activities of the so called ‘government of the People' s Republic of Luhansk’
                  Responsible for the statement of the Army of the Southeast that the Ukrainian presidential elections in the ‘People's Republic of Luhansk’ cannot take place due to the ‘new’ status of the region.

                  12.7.2014

                  7.

                  Aleksey KARYAKIN (Алексей Карякин)

                  1979

                  So called ‘Supreme Council Chair of the People' s Republic of Luhansk’.
                  Responsible for the separatist ‘governmental’ activities of the ‘Supreme Council’, responsible for asking the Russian Federation to recognize the independence of ‘People' s Republic of Luhansk’
                  Signatory of the Memorandum of Understanding on the ‘Novorossiya union’

                  12.7.2014

                  8.

                  Yurij IVAKIN (Юрий Ивакин)

                  So called ‘Minister of Internal Affairs of the People' s Republic of Luhansk’.
                  Responsible for the separatist ‘governmental’ activities of the so called ‘government of the People' s Republic of Luhansk’

                  12.7.2014

                  9.

                  Igor PLOTNITSKY

                  So called ‘Defence Minister of the People' s Republic of Luhansk’.
                  Responsible for the separatist ‘governmental’ activities of the so called ‘government of the People' s Republic of Luhansk’

                  12.7.2014

                  10.

                  Nikolay KOZITSYN

                  June 20, 1956 in Donetsk region

                  Commander of Cossack forces.
                  Responsible for commanding separatists in Eastern Ukraine fighting against the Ukrainian government forces

                  12.7.2014

                  11.

                  Oleksiy MOZGOVY (Олексій Мозговий)

                  One of the leaders of armed groups in Eastern Ukraine.
                  Responsible for training separatists to fight against the Ukrainian government forces

                  12.7.2014


title: Council Decision (EU) 2017/609 of 27 March 2017 on the conclusion, on behalf of the European Union and its Member States, of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
               31.3.2017

               EN

               Official Journal of the European Union

               L 86/1

         COUNCIL DECISION (EU) 2017/609
   of 27 March 2017
   on the conclusion, on behalf of the European Union and its Member States, of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Croatia to the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(6)(a),
   Having regard to the Act of Accession of the Republic of Croatia, and in particular Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               The Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part (2) (‘the Agreement’) was signed in Luxembourg on 17 June 2002 and entered into force on 1 April 2006.

               (2)

               The Republic of Croatia became a Member State of the European Union on 1 July 2013.

               (3)

               Under the terms of Article 6(2) of the Act of Accession of the Republic of Croatia, the accession of the Republic of Croatia to the Agreement is to be agreed by means of a protocol to the Agreement concluded between the Council, acting on behalf of the Union and unanimously on behalf of the Member States, and the Lebanese Republic.

               (4)

               On 14 September 2012, the Council authorised the Commission to open negotiations with the Lebanese Republic. The negotiations were successfully concluded. In accordance with Council Decision (EU) 2016/859 (3), the Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part to take account of the accession of the Republic of Croatia to the European Union has been signed on behalf of the Union and its Member States in Brussels on 28 April 2016.

               (5)

               The Protocol should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part to take account of the accession of the Republic of Croatia to the European Union is hereby approved on behalf of the Union and its Member States (4).
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 7 of the Protocol, in order to express the consent of the Union to be bound by the Protocol (5).
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 27 March 2017.

            For the Council

            The President

         C. ABELA

      (1)  Consent of 2 March 2017 (not yet published in the Official Journal).

      (2)  OJ L 143, 30.5.2006, p. 2.

      (3)  OJ L 144, 1.6.2016, p. 1.

      (4)  The text has been published in OJ L 144 of 1.6.2016, p. 3, together with the decision on signature.

      (5)  The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Avis juridique important

|

31989D0572

89/572/EEC: Council Decision of 25 September 1989 concerning the adaptation to the voluntary restraint agreement between the European Economic Community and New Zealand on trade in mutton, lamb and goatmeat

Official Journal L 318 , 31/10/1989 P. 0013 - 0013

COUNCIL DECISION of 25 September 1989 concerning the adaptation to the voluntary restraint agreement between the European Economic Community and New Zealand on trade in mutton, lamb and goatmeat (89/572/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the Community has taken measures to stabilize the markets for sheepmeat and goatmeat; whereas it intends to bring about a better integration of its markets;  Whereas, within the context of these adjustments to the common market organization, it is appropriate to adapt the voluntary restraint agreements with certain third countries in this sector with a view to obtaining a stabilization of imports and an  improvement in the import price;  Whereas the Commission has conducted negotiations in this connection with New Zealand which have resulted in an Agreement,  HAS DECIDED AS FOLLOWS:    Article 1 The Agreement in the form of an Exchange of Letters between the European Economic Community and New Zealand concerning the adaptation to the voluntary restraint agreement between the European Economic Community and New Zealand on trade in mutton, lamb and goatmeat is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.   Done at Brussels, 25 September 1989.  For the Council The President H. NALLET


title: 2014/468/EU: Council Decision taken by common accord with the President of the Commission, of 17 July 2014 appointing a Member of the European Commission

text:
               18.7.2014

               EN

               Official Journal of the European Union

               L 212/15

         COUNCIL DECISION
   taken by common accord with the President of the Commission,
   of 17 July 2014
   appointing a Member of the European Commission

      (2014/468/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the second paragraph of Article 246 thereof,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               On 9 February 2010, the European Council adopted Decision 2010/80/EU (2) appointing the European Commission for the period until 31 October 2014.

               (2)

               In a letter dated 18 June 2014, Mr José Manuel DURÃO BARROSO, President of the Commission, informed the Council that Mr Olli REHN had resigned from his post as a Member of the Commission with effect from 30 June 2014.

               (3)

               In accordance with the second paragraph of Article 246 of the Treaty on the Functioning of the European Union, a vacancy caused by resignation is to be filled for the remainder of the Member's term of office by a new Member of the same nationality.

               (4)

               A new Member of the Commission should therefore be appointed,

         HAS ADOPTED THIS DECISION:
   Article 1
   By common accord with Mr José Manuel DURÃO BARROSO, President of the Commission, the Council appoints Mr Jyrki KATAINEN as Member of the Commission for the remainder of the term of office which runs until 31 October 2014.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 17 July 2014.

            For the Council

            The President

         S. GOZI

      (1)  Opinion of 16 July 2014 (not yet published in the Official Journal).

      (2)  OJ L 38, 11.2.2010, p. 7.


23.11.2006       EN                               Official Journal of the European Union                                            C 286 E/225
                                                                                Tuesday 13 December 2005
           P6_TA(2005)0509
           Immunity of Bruno Gollnisch
           European Parliament decision on the request for defence of the immunity and privileges of Bruno
                                                       Gollnisch (2005/2072(IMM))
           The European Parliament,
           — having regard to the request by Luca Romagnoli for defence of the immunity of Bruno Gollnisch, by
                letter of 7 April 2005, announced in plenary sitting on 14 April 2005,
           — having heard Bruno Gollnisch in accordance with Rule 7(3) of its Rules of Procedure,
           — having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of
                the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election
                of the members of the European Parliament by direct universal suffrage,
           — having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the
                European Communities,
           — having regard to Article 26 of the French Constitution,
           — having regard to Rules 6(3) and 7 of its Rules of Procedure,
           — having regard to the report of the Committee on Legal Affairs (A6-0376/2005),
           1.    Decides not to defend the immunity and privileges of Bruno Gollnisch.
           (1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986]
               ECR 2391.
           P6_TA(2005)0510
           Application of development legislation
           European Parliament resolution on the alleged abuse of the Valencian Land Law or Ley Reguladora
           de la Actividad Urbanistica (LRAU — law on development activities) and its effect on European
           citizens (Petitions 609/2003, 732/2003, 985/2002, 1112/2002, 107/2004 and others) (2004/2208(INI))
           The European Parliament,
           — having regard to Article 6 of the Treaty on European Union which transposes the provisions of the
                European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), and
                Article 7 of that Treaty, which provides for a procedure to determine serious and persistent breaches
                of the principles mentioned in Article 6,
           — having regard to Directives 92/50/EEC (1) and 93/37/EEC (2) on public procurement, Directives 85/337/
                EEC (3), 97/11/EC (4) and 2001/42/EC (5) on environmental impact assessment, and Directive 2000/60/
                EC (6) on water policy,
           (1) Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public
               service contracts (OJ L 209, 24.7.1992, p. 1).
           (2) Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public
               works contracts (OJ L 199, 9.8.1993, p. 54).
           (3) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects
               on the environment (OJ L 175, 5.7.1985, p. 40).
           (4) Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of
               certain public and private projects on the environment (OJ L 73, 14.3.1997, p. 5).
           (5) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the
               effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).
           (6) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework
               for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).


title: Commission Decision of 16 May 2011 establishing a forum for the exchange of information pursuant to Article 13 of the Directive 2010/75/EU on industrial emissions

text:
               17.5.2011

               EN

               Official Journal of the European Union

               C 146/3

         COMMISSION DECISION
   of 16 May 2011
   establishing a forum for the exchange of information pursuant to Article 13 of the Directive 2010/75/EU on industrial emissions
   2011/C 146/03
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control) (Recast) (1) (the Directive), and in particular Article 13(3) thereof,
   Whereas:

               (1)

               Article 13(1) of the Directive requires the Commission to organise an exchange of information between Member States, the industries concerned, non-governmental organisations promoting environmental protection and the Commission.

               (2)

               Article 13(3) of the Directive requires the Commission to establish and regularly convene a forum composed of representatives of Member States, the industries concerned and non-governmental organisations promoting environmental protection and to obtain the opinion of the forum on the practical arrangements for the exchange of information foreseen under that Article.

               (3)

               Article 13(4) of the Directive requires the Commission to obtain and make publicly available the opinion of the forum on the proposed content of BAT reference documents.

               (4)

               It is therefore necessary to establish a forum and to define its tasks and its structure.

               (5)

               The forum should provide its opinion on the practical arrangements for the exchange of information and on the proposed content of BAT reference documents.

               (6)

               The forum should be composed of Member States, international organisations representing industries concerned by the activities covered by Annex I of the Directive and non-governmental organisations promoting environmental protection.

               (7)

               Rules on disclosure of information by members of the forum should be laid down.

               (8)

               Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (2),

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   A forum to promote the exchange of information pursuant to Article 13(3) of the Directive is hereby established.
   Article 2
   Task
   The forum's task shall be:

               (a)

               to provide its opinion on the practical arrangements for the exchange of information in accordance with the second subparagraph of Article 13(3) of the Directive;

               (b)

               to provide its opinion on the proposed content of BAT reference documents in accordance with Article 13(4) of the Directive.

         Article 3
   Consultation
   The Commission may consult the forum on any matter relating to Article 13 of the Directive or on any matter relating to BAT as defined in Article 3(10) of the Directive.
   Article 4
   Membership — Appointment
   1.   Members shall be Member States, international organisations representing industries concerned by the activities covered by Annex I of the Directive and non-governmental organisations promoting environmental protection. Those organisations shall have an acceptable degree of European representation.
   2.   Members of the Commission Expert Group ‘Information Exchange Forum on Best Available Techniques under legislation on industrial emissions’ (E00466) shall automatically be considered as members of the forum.
   3.   New members who are not Member States shall be appointed by the Director General of DG Environment.
   4.   Members who are no longer capable of contributing effectively to the forum's deliberations, who resign or who do not comply with Article 339 of the Treaty, may be replaced.
   5.   The names of member organisations shall be published in the Register. The names of Member States’ representatives may be published in the Register.
   6.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 5
   Operation
   1.   The forum shall be chaired by the Commission.
   2.   In agreement with the Commission, the forum may establish sub-groups to examine specific questions on the basis of terms of reference defined by the forum. Such sub-groups shall cease to exist as soon as their mandate is fulfilled. The sub-groups shall be chaired by the Commission. The chair of the sub-group shall report back to the forum.
   3.   The representatives of EEA countries shall be invited to attend meetings of the forum, in accordance with the EEA Protocol.
   4.   Representatives of acceding countries shall be invited to attend the meetings of the forum as from the date of signature of the Treaty of accession.
   5.   The Chair may invite experts from outside the forum with specific competence in a subject on the agenda to participate in the work of the forum or sub-group on an ad hoc basis. In addition, the Chair may give observer status to individuals, organisations as defined in Rule 8(3) of the horizontal rules on expert groups (3) and candidate countries.
   6.   Members of the forum and their representatives, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (4). Should they fail to respect these obligations, the Commission may take all appropriate measures.
   7.   The meetings of the forum and its sub-groups shall be held on Commission premises. The Commission shall provide secretarial services.
   8.   The forum shall adopt, by simple majority of its members, its rules of procedure on the basis of the standard rules of procedure for expert groups.
   9.   The Commission publishes relevant information on the activities carried out by the forum either by including it in the Register or via a link from the Register to a dedicated website.
   Article 6
   Meeting expenses
   1.   Participants in the activities of the forum shall not be remunerated for the services they render.
   2.   Travel expenses incurred by participants in the activities of the forum may be reimbursed by the Commission. Reimbursement shall be made in accordance with the provisions in force within the Commission and within the limits of the available appropriations allocated to the Commission services under the annual procedure for the allocation of resources.

      Done at Brussels, 16 May 2011.

            For the Commission

         Janez POTOČNIK

            Member of the Commission

      (1)  OJ L 334, 17.12.2010, p. 17.

      (2)  OJ L 8, 12.1.2001, p. 1.

      (3)  C(2010) 7649 final.

      (4)  Commission Decision of 29 November 2001 amending its internal Rules of Procedure (OJ L 317, 3.12.2001, p. 1).


title: 2005/376/EC: Decision No 201 of 15 December 2004 on model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 400 series) (Text with EEA relevance and for the EU/Switzerland Agreement)

text:
               23.5.2005

               EN

               Official Journal of the European Union

               L 129/1

      DECISION No 201
   of 15 December 2004
   on model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 400 series)
   (Text with EEA relevance and for the EU/Switzerland Agreement)
   (2005/376/EG)
   THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,
   Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their family moving within the Community (1), under which it is the duty of the Administrative Commission to deal with all administrative matters arising from Regulation (EEC) No 1408/71 and subsequent regulations,
   Having regard to Article 2(1) of Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community (2), under which it is the duty of the Administrative Commission to draw up models of documents necessary for the application of Regulations (EEC) No 1408/71 and (EEC) No 574/72,
   Having regard to Decision No 146 of 10 October 1990 concerning the interpretation of Article 94(9) of Regulation (EEC) No 1408/71 (3),
   Having regard to Decision No 155 of 6 July 1994 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 401 to 411) (4),
   Having regard to Decision No 157 of 1 July 1995 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72(E 401 to 411) (5),
   Whereas:

               (1)

               The enlargement of the European Union on 1 May 2004 requires the forms in the E 400 series to be adapted.

               (2)

               The Agreement on the European Economic Area (EEA Agreement) of 2 May 1992, supplemented by the Protocol of 17 March 1993, Annex VI, implements Regulations (EEC) No 1408/71 and (EEC) No 574/72 within the European Economic Area.

               (3)

               The European Community and its Member States, and the Swiss Confederation have concluded an Agreement on the free movement of persons (Swiss Agreement) which entered into force on 1 June 2002. Annex II to the Agreement refers to Regulations (EEC) No 1408/71 and (EEC) No 574/72.

               (4)

               For practical reasons, the forms used in the European Union and under the EEA and Swiss Agreements shall be identical,

         HAS DECIDED AS FOLLOWS:

               1.

               Decision No 155 is deleted and the model forms E 401, E 402, E 403, E 404, E 405, E 406, E 407 and E 411 reproduced in that Decision are replaced by the model forms appended hereto.

               2.

               The model form E 413F reproduced in Decision No 146 is deleted.

               3.

               Decision No 157 is deleted.

               4.

               The competent authorities of the Member States shall make available to the parties concerned the forms according to the models appended hereto. These forms shall be available in the official languages of the Community and laid out in such manner that the different versions are perfectly superposable, thereby making it possible for all addressees to receive the form printed in their own language.

               5.

               The present decision shall apply from the first day of the month following its publication in the Official Journal of the European Union.

            The Chairman of the Administrative Commission

         C. J. VAN DEN BERG

      (1)  OJ L 149, 5.7.1971, p. 2.

      (2)  OJ L 74, 27.3.1972, p. 1. Regulation as last amended by Commission Regulation (EC) No 77/2005 (OJ L 16, 20.1.2005, p. 3).

      (3)  OJ L 235, 23.8.1991, p. 9. Decision as last amended by Decision No 167 (OJ L 195, 11.7.1998, p. 35).

      (4)  OJ L 209, 5.9.1995, p. 1.

      (5)  Not published Decision extending Decision No 155 to Austria, Finland and Sweden.


title: 2009/522/EC: Decision of the European Central Bank of 2 July 2009 on the implementation of the covered bond purchase programme (ECB/2009/16)

text:
               4.7.2009

               EN

               Official Journal of the European Union

               L 175/18

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 2 July 2009
   on the implementation of the covered bond purchase programme
   (ECB/2009/16)
   (2009/522/EC)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty establishing the European Community and, in particular to the first indent of Article 105(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’) and, in particular to the second subparagraph of Article 12.1 in conjunction with the first indent of Article 3.1, and Article 18.1 thereof,
   Whereas:

               (1)

               In accordance with Article 18.1 of the Statute of the ESCB, national central banks of Member States that have adopted the euro (hereinafter the ‘NCBs’) and the European Central Bank (ECB) (hereinafter jointly the ‘Eurosystem central banks’) may operate in the financial markets by, among other things, buying and selling outright marketable instruments.

               (2)

               On 7 May 2009 and subsequently on 4 June 2009 the Governing Council decided that in view of the current exceptional circumstances prevailing in the market a programme (hereinafter the ‘covered bo nd purchase programme’ or the ‘programme’) should be initiated under which the NCBs and exceptionally the ECB in direct contact with counterparties may according to their allocated share purchase outright eligible covered bonds. The Eurosystem central banks intend to implement the covered bond purchase programme gradually, taking into account market conditions and the Eurosystem’s monetary policy needs. The objectives of these purchases are to contribute to: (a) promoting the ongoing decline in money market term rates; (b) easing funding conditions for credit institutions and enterprises; (c) encouraging credit institutions to maintain and expand their lending to clients; and (d) improving market liquidity in important segments of the private debt securities market.

               (3)

               As part of the single monetary policy, the outright purchase of eligible covered bonds by Eurosystem central banks under the programme should be implemented in a uniform manner, in accordance with the terms of this Decision,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Establishment and scope of the outright purchase of covered bonds
   The Eurosystem has established the programme under which the Eurosystem central banks shall purchase eligible covered bonds with a targeted nominal amount of EUR 60 billion. Under the programme, a Eurosystem central bank may decide to purchase eligible covered bonds from eligible counterparties in the primary and secondary markets according to the eligibility criteria contained in this Decision. Guideline ECB/2000/7 of 31 August 2000 on monetary policy instruments and procedures of the Eurosystem (1) shall not apply to the outright purchase of covered bonds by a Eurosystem central bank under the programme.
   Article 2
   Eligibility criteria for covered bonds
   Covered bonds that are: (a) eligible for monetary policy operations as defined in Guideline ECB/2000/7; (b) denominated in euro; (c) issued by credit institutions incorporated in the euro area or by other entities incorporated in the euro area complying with conditions set forth in paragraph 4 below; and (d) held and settled in the euro area, shall be eligible for outright purchase under the programme, provided that they satisfy the following additional requirements:

               1.

               They shall be either (i) covered bonds issued in accordance with the criteria set out in Article 22(4) of the UCITS Directive (2) (hereinafter the ‘UCITS-compliant covered bonds’), or (ii) structured covered bonds that a Eurosystem central bank at its sole discretion considers as offering safeguards similar to UCITS-compliant covered bonds.

               2.

               Each covered bond issue shall, as a rule, have a minimum issue size of EUR 500 million. In special cases, a Eurosystem central bank may decide to purchase outright covered bonds with an issue size of below EUR 500 million, provided that the issue size is not below EUR 100 million, when this Eurosystem central bank decides at its sole discretion that specific market circumstances or risk management considerations require such purchase.

               3.

               The covered bond issue shall, as a rule, have a minimum rating of ‘AA’ or equivalent, awarded by at least one of the major rating agencies.

               4.

               If the issuer of the covered bond is an entity (other than a credit institution) incorporated in the euro area, the conditions shall be that (i) such an entity only issues covered bonds, and (ii) the covered bonds are guaranteed in a manner satisfactory to the relevant Eurosystem central bank by a credit institution incorporated in the euro area, or, alternatively, have safeguards of a similar nature that satisfy the requirements of the relevant Eurosystem central bank.

               5.

               The covered bonds shall be issued pursuant to legislation governing covered bonds that is in force in a euro area Member State. In the case of structured covered bonds, the law governing the documentation of the covered bonds shall be the law of a euro area Member State.

         Article 3
   Eligible counterparties
   The following shall be eligible counterparties for the covered bond purchase programme: (a) domestic counterparties participating in Eurosystem monetary policy operations as defined in section 2.1 of Annex I to Guideline ECB/2000/7; and (b) any other counterparties established in the euro area (either through incorporation or through a branch) that are used by a Eurosystem central bank for the investment of its euro denominated investment portfolios.
   Article 4
   Final provisions
   1.   This Decision shall enter into force on the day following its publication on the ECB’s website.
   2.   This Decision shall apply until 30 June 2010.

      Done at Luxembourg, 2 July 2009.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 310, 11.12.2000, p. 1.

      (2)  Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (OJ L 375, 31.12.1985, p. 3).


title: 2012/491/EU: Council Decision of 23 July 2012 on the position to be taken by the European Union within the ACP-EU Committee of Ambassadors concerning the reassignment of a part of the unallocated resources of the 10th European Development Fund to Intra-ACP cooperation

text:
               31.8.2012

               EN

               Official Journal of the European Union

               L 234/1

         COUNCIL DECISION
   of 23 July 2012
   on the position to be taken by the European Union within the ACP-EU Committee of Ambassadors concerning the reassignment of a part of the unallocated resources of the 10th European Development Fund to Intra-ACP cooperation
   (2012/491/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 209(2) in conjunction with Article 218(9) thereof,
   Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (1), and in particular Article 1 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (2), was first amended in Luxembourg on 25 June 2005 (3) and was amended for the second time in Ouagadougou on 22 June 2010 (4) (‘the ACP-EU Partnership Agreement’). The second amendment has been provisionally applied since 31 October 2010.

               (2)

               Article 15 of the ACP-EU Partnership Agreement establishes an ACP-EU Council of Ministers with powers to take decisions in accordance with the ACP-EU Partnership Agreement.

               (3)

               In accordance with paragraph 6 of Annex Ib to the ACP-EU Partnership Agreement, the ACP-EU Committee of Ambassadors, acting on behalf of the ACP-EU Council of Ministers, may reassign funds between allocations provided for in paragraph 2 of that Annex, in order to meet programming requirements under one such allocation.

               (4)

               The balance of funds available under the 10th European Development Fund (EDF) envelope for Intra-ACP cooperation is insufficient to meet the programming requirements that emerged from its Mid-Term Review. It is necessary to transfer EUR 195 million from the 10th EDF unallocated resources to the envelope for Intra-ACP cooperation so as to allow for the financing of actions based on both EU and ACP existing priorities, including a replenishment of the African Peace Facility amounting to EUR 100 million.

               (5)

               The Union should determine the position to be taken within the ACP-EU Committee of Ambassadors concerning the reassignment of a part of the unallocated resources of the 10th EDF to the benefit of the appropriation intended for Intra-ACP cooperation,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the ACP-EU Committee of Ambassadors concerning the reassignment of a part of the unallocated resources of the 10th European Development Fund to Intra-ACP cooperation shall be based on the draft Decision of the ACP-EU Committee of Ambassadors attached to this Decision.
   Formal and minor changes to the draft Decision may be agreed without requiring that this Decision be amended.
   Article 2
   In order to support the efforts of the African Union and regional organisations to address security challenges across Africa, EUR 100 million out of the EUR 195 million financial reallocation shall be earmarked for the African Peace Facility.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 23 July 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 317, 15.12.2000, p. 376.

      (2)  OJ L 317, 15.12.2000, p. 3.

      (3)  Agreement amending the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (OJ L 209, 11.8.2005, p. 27).

      (4)  Agreement amending for the second time the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005 (OJ L 287, 4.11.2010, p. 3).

      DRAFT
      DECISION No …/2012 OF THE ACP-EU COMMITTEE OF AMBASSADORS
      of …
      concerning the reassignment of a part of the unallocated resources of the 10th European Development Fund to Intra-ACP cooperation
      THE ACP-EU COMMITTEE OF AMBASSADORS,
      Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), as first amended in Luxembourg on 25 June 2005 (2), and amended for the second time in Ouagadougou on 22 June 2010 (3) (‘the ACP-EU Partnership Agreement’), and in particular paragraph 6 of Annex Ib thereto,
      Whereas:

                  (1)

                  The 10th European Development Fund (EDF) Intra-ACP remaining funds are insufficient to meet the programming requirements which emerged from the 10th EDF Intra-ACP Mid-Term Review.

                  (2)

                  In order to continue providing a rapid and efficient response to situations of violent conflicts in Africa, the replenishment of the African Peace Facility is required.

                  (3)

                  To allow for the financing of EU and ACP priorities, the necessary amount should be transferred from the unallocated resources of the 10th EDF to the envelope for Intra-ACP cooperation.

                  (4)

                  It is appropriate for the ACP-EU Committee of Ambassadors to adopt this decision without delay,

            HAS ADOPTED THIS DECISION:
      Article 1
      Intra-ACP cooperation
      An amount of EUR 195 million shall be transferred from the unallocated resources of the 10th EDF to the envelope for Intra-ACP cooperation, in accordance with the objectives set out in Articles 11, 28, 29 and 30 of the ACP-EU Partnership Agreement.
      Article 2
      Financing request
      In accordance with Article 12b (a) of Annex IV to the ACP-EU Partnership Agreement, the ACP-EU Committee of Ambassadors requests the Commission to finance the activities proposed by the EU and the ACP Group of States, respectively, and notably to provide additional funding to the African Peace Facility for a total amount of EUR 100 million, in order to support the efforts of the African Union and regional organisations to address security challenges across Africa.
      This Decision shall enter into force on the date of its adoption.

         Done at …

               For the ACP-EU Committee of Ambassadors

               The President

         (1)  OJ L 317, 15.12.2000, p. 3.

         (2)  Agreement amending the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (OJ L 209, 11.8.2005, p. 27).

         (3)  Agreement amending for the second time the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005 (OJ L 287, 4.11.2010, p. 3).


Avis juridique important

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32000D0768

2000/768/EC: Commission Decision of 6 December 2000 terminating the review of Council Regulation (EC) No 2450/98 imposing a definitive countervailing duty on imports of stainless steel bars originating in India (notified under document number C(2000) 3680)

Official Journal L 306 , 07/12/2000 P. 0036 - 0036

Commission Decisionof 6 December 2000terminating the review of Council Regulation (EC) No 2450/98 imposing a definitive countervailing duty on imports of stainless steel bars originating in India(notified under document number C(2000) 3680)(2000/768/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(1), and in particular Article 19 thereof,After consulting the Advisory Committee,Whereas:1. PROCEDURE(1) Definitive countervailing duties were imposed on the above product on 14 November 1998 by Council Regulation (EC) No 2450/98(2). Subsequent to the imposition of definitive measures, the Commission received a request for an interim review, pursuant to Article 19 of Regulation (EC) No 2026/97, from an Indian exporting producer, Chandan Steel Ltd, which participated in the original investigation and is currently subject to a countervailing duty rate of 19,0 %. The company concerned provided sufficient evidence that the continued imposition of the measure was no longer necessary to offset the countervailable subsidy.(2) Accordingly, the Commission, after consultation with the Advisory Committee, announced in a notice published in the Official Journal of the European Communities(3) the initiation of an interim review of Regulation (EC) No 2450/98 with regard to Chandan Steel Ltd.2. WITHDRAWAL OF THE REQUEST FOR REVIEW(3) On 10 May 2000, the company concerned withdrew its request for a review. The Commission has therefore decided to terminate this review without amending the measures in relation to Chandan Steel Ltd,HAS ADOPTED THIS DECISION:Sole ArticleThe interim review of Regulation (EC) No 2450/98 concerning imports of stainless steel bright bars originating in India is hereby terminated.Done at Brussels, 6 December 2000.For the CommissionPascal LamyMember of the Commission(1) OJ L 288, 21.10.1997, p. 1.(2) OJ L 304, 14.11.1998, p. 1.(3) OJ L 22, 26.1.2000, p. 7.