title: 2005/492/EC: Council Decision of 31 January 2005 on the signing of an Agreement for scientific and technological cooperation between the European Community and the Arab Republic of Egypt

text:
               13.7.2005

               EN

               Official Journal of the European Union

               L 182/11

         COUNCIL DECISION
   of 31 January 2005
   on the signing of an Agreement for scientific and technological cooperation between the European Community and the Arab Republic of Egypt
   (2005/492/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 170 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Commission has negotiated, on behalf of the Community, an Agreement for scientific and technological cooperation with Egypt.

               (2)

               Subject to possible conclusion at a later date, the Agreement initialled on 4 March 2004 should be signed,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The President of the Council is hereby authorised to designate the person empowered to sign, on behalf of the Community, the Agreement for scientific and technological cooperation between the European Community and the Arab Republic of Egypt, subject to its possible conclusion at a later date.
   The text of the Agreement is attached to this Decision.

      Done at Brussels, 31 January 2005.

            For the Council

            The President

         J. ASSELBORN

   AGREEMENT
   for scientific and technological cooperation between the European Community and the Arab Republic of Egypt
   THE EUROPEAN COMMUNITY, (hereinafter referred to as the ‘Community’)
   of the one part,
   and
   THE ARAB REPUBLIC OF EGYPT (hereinafter referred to as ‘Egypt’),
   of the other part,
   Hereinafter referred to as the ‘Parties’,
   CONSIDERING the Treaty establishing the European Community and in particular Article 170 thereof, in conjunction with the first sentence of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   CONSIDERING Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the sixth framework programme of the European Community for research, technological development and demonstration projects, contributing to the creation of the European Research Area and to innovation (2002-2006) (1);
   CONSIDERING the importance of science and technology for their economic and social development and the reference which was made in Article 43 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, on the one hand, and the Arab Republic of Egypt, on the other hand, signed on 25 June 2001;
   WHEREAS the Community and Egypt undertook common research, technological development and demonstration activities, in various fields of common interest, and whereas it would be to their mutual advantage were each one of them to take part in the activities of research and development of the other, on a reciprocity basis;
   WISHING to establish a formal framework for cooperation in scientific and technological research which would make it possible to extend and intensify cooperative efforts in the fields of common interest and to encourage the use of the results of this cooperation considering their mutual economic and social interests;
   WISHING to open the European Research Area to non-member countries, and in particular to the Mediterranean partner countries,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Scope and principles
   1.   The Parties shall encourage, develop and facilitate cooperative activities between the Community and Egypt in fields of common interest where they are pursuing research and development activities in science and technology.
   2.   Cooperative activities shall be conducted on the basis of the following principles:

               —

               promotion of a knowledge-based society to foster the social and economic development of both Parties;

               —

               mutual benefit based on an overall balance of advantages;

               —

               reciprocal access to the activities of research programmes and projects undertaken by each Party;

               —

               timely exchange of information which may affect cooperative activities;

               —

               appropriate exchange and protection of intellectual property rights.

         Article 2
   Means of cooperation
   1.   Legal entities established in Egypt, as defined in Annex I, including either physical persons or private or public moral persons, shall participate in indirect actions of the Community’s Framework programme for research and technological development and demonstration activities (hereinafter referred to as the ‘EC Framework programme’) under the same conditions as those applicable to legal entities of Member States of the European Union, subject to the terms and conditions established by, or referred to in, Annexes I and II.
   2.   Legal entities established in the Member States of the Community shall participate in Egypt’s research programmes and projects in themes equivalent to those of the EC Framework programme under the same conditions as those applicable to legal entities of Egypt, subject to the terms and conditions established by, or referred to in, Annexes I and II.
   3.   Cooperation may also take the following forms and means:

               —

               regular discussions on the guidelines and priorities for research policies and planning in Egypt and the Community,

               —

               discussions on cooperation prospects and development,

               —

               timely provision of information concerning the implementation of programmes and research projects of Egypt and of the Community, and concerning the results of work undertaken within the framework of this Agreement,

               —

               joint meetings,

               —

               visits and exchanges of research workers, engineers and technicians, including for training purposes,

               —

               exchanges and sharing of equipment and materials,

               —

               regular and sustained contacts between programme or project managers of Egypt and the Community,

               —

               participation of experts in seminars, symposia and workshops,

               —

               exchanges of information on practices, laws, regulations, and programmes relevant to cooperation under this Agreement,

               —

               research and technological development training,

               —

               reciprocal access to scientific and technologic information in the scope of this cooperation,

               —

               any other modality adopted by the EC-Egypt Joint Scientific and Technical Cooperation Committee, as defined in Article 4, and deemed to be in accordance with the policies and procedures applicable in both Parties.

         Article 3
   Enhancement of cooperation
   1.   The Parties shall make every effort, within the framework of their applicable legislation, to facilitate the free movement and residence of research workers participating in the activities covered by this Agreement and to facilitate cross-border movement of goods intended for use in such activities.
   2.   Where, in accordance with its own rules, the Community unilaterally grants funding to a legal entity of Egypt participating in a Community indirect action, Egypt shall ensure that no charge or levy is imposed upon that transaction.
   Article 4
   Management of the Agreement
   EC-Egypt Joint Scientific and Technological Cooperation Committee
   1.   The coordination and facilitation of activities under this Agreement shall be accomplished on behalf of Egypt by the Academy of Scientific Research and Technology and on behalf of the Community by the services of the Commission of the European Communities in charge of the Framework programme, acting as executive agents of the Parties (hereinafter referred to as ‘Executive Agents’).
   2.   The Executive Agents shall establish a joint committee called ‘EC-Egypt Joint Scientific and Technological Cooperation Committee’ (hereinafter referred to as the ‘Joint Committee’), whose functions shall include:

               —

               ensuring, evaluating and reviewing the implementation of this Agreement, as well as amending the Annexes thereto or adopting new ones to take into consideration developments in the Parties’ scientific policies, subject to the fulfilment by each of the Parties of its internal procedures for that purpose,

               —

               identifying, on an annual basis, potential sectors where cooperation should be developed and improved, and examining any measure to that end,

               —

               regularly discussing the future orientations and priorities of research policies and research planning in Egypt and the Community and the prospects for future cooperation within this Agreement.

         3.   The Joint Committee, which shall be composed of representatives of the Executive Agents, shall adopt its rules of procedure.
   4.   The Joint Committee shall meet at least once a year, alternately in the Community and in Egypt. Extraordinary meetings shall be held at the request of one or other of the Parties. The conclusions and recommendations of the Joint Committee will be sent for information to the Association Committee of the Euro-Mediterranean Agreement between the European Union and the Arab Republic of Egypt.
   Article 5
   Financing
   The reciprocal participations in research activities under this Agreement shall be set according to the conditions defined in Annex I and shall be subject to legislation, regulations, policies and conditions of implementation of the programmes in force on the territory of each Party.
   Article 6
   Dissemination and use of the results and information
   The dissemination and use of the achieved and/or exchanged results as well as those of information, management, allocation and exercise of intellectual property rights resulting from the research activities undertaken under this Agreement shall be subject to the conditions provided for in Annex II.
   Article 7
   Final provisions
   1.   Annexes I and II shall form an integral part of this Agreement.
   All questions or disputes related to the interpretation or implementation of this Agreement shall be settled by mutual agreement of the Parties.
   2.   This Agreement shall enter into force when the Parties have notified each other of the completion of their internal procedures for its conclusion. Pending the completion by the Parties of their internal procedures for its conclusion, the Parties shall provisionally apply this Agreement upon its signature.
   Should one Party notify the other that it will not conclude the Agreement, it is hereby mutually agreed that projects and activities launched under this provisional application and that are still in progress at the time of the abovementioned notification shall continue until their completion under the conditions laid down in this Agreement.
   3.   Either of the Parties may terminate this Agreement at any time upon 12 months’ notice.
   Projects and activities in progress at the time of termination of this Agreement shall continue until their completion under the conditions laid down in this Agreement.
   4.   Should one of the Parties decide to amend its research programmes and projects referred to in Article 1(1), that Party’s Executive Agent shall notify the other Party’s Executive Agent of the precise content of the amendments in question.
   By way of derogation from the second subparagraph of paragraph 2, this Agreement may be terminated under mutually agreed conditions should either of the Parties notify the other within one month after the adoption of the amendments referred to in the first subparagraph of its intention to terminate this Agreement.
   5.   This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Arab Republic of Egypt. This shall not prevent the conduct of cooperative activities on the high seas, in outer space or in the territory of third countries, in accordance with international law.
   6.   This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish and Arabic languages, each of these texts being equally authentic.

      Hecho en El Cairo, el veintiuno de junio de dos mil cinco.
      Udfærdiget i Kairo den enogtyvende juni to tusind og fem.
      Geschehen zu Kairo am einundzwanzigsten Juni zweitausendfünf.
      Έγινε στο Κάιρο, στις είκοσι μία Ιουνίου δύο χιλιάδες πέντε.
      Done at Cairo on the twenty-first day of June in the year two thousand and five.
      Fait au Caire, le vingt-et-un juin deux mille cinq.
      Fatto a il Cairo, addì ventuno giugno duemilacinque.
      Gedaan te Kaïro, de eenentwintigste juni tweeduizend vijf.
      Feito no Cairo, em vinte e um de Junho de dois mil e cinco.
      Tehty Kairossa kahdentenakymmenentenäensimmäisenä päivänä kesäkuuta vuonna kaksituhattaviisi.
      Som skedde i Kairo den tjugoförsta juni tjugohundrafern.

         Por la Comunidad Europea
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Voor de Europese Gemeenschap
         Pela Comunidade Europeia
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen

         Por el Gobierno de la República Árabe de Egipto
         På vegne af Den Arabiske Republik Egyptens regering
         Für die Regierung der Arabischen Republik Ägypten
         Για την Κυβέρνηση της Αραβικής Δημοκρατίας της Αιγύπτου
         For the Government of the Arab Republic of Egypt
         Pour le gouvernement de la République arabe d’Égypte
         Per il Governo della Repubblica araba di Egitto
         Voor de regering van de Arabische Republiek Egypte
         Pelo Governo da República Árabe do Egipto
         Egyptin arabitasavallan hallituksen puolesta
         För Arabrepubliken Egyptens regering

      (1)  OJ L 232, 29.8.2002, p. 1. Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).
   ANNEX I
   Terms and conditions for the participation of legal entities of Member States of the European Union and of Egypt
   For the purpose of this Agreement, a legal entity means any natural person, or any legal person created under the national law of its place of establishment or under Community law or international law, having legal personality and being entitled to have rights and obligations of any kind in its own name.
   I.   TERMS AND CONDITIONS FOR THE PARTICIPATION OF LEGAL ENTITIES OF EGYPT IN INDIRECT ACTIONS OF THE EC FRAMEWORK PROGRAMME

               1.

               Participation of legal entities established in Egypt in indirect actions of the EC Framework programme shall follow the conditions laid down by the European Parliament and the Council according to Article 167 of the Treaty establishing the European Community.
               In addition, legal entities established in Egypt may participate in indirect actions undertaken according to Article 164 of the Treaty establishing the European Community.

               2.

               The Community may grant funding to legal entities established in Egypt participating in indirect actions referred to in paragraph 1 under the terms and conditions laid down by the decision taken by the European Parliament and the Council according to Article 167 of the Treaty establishing the European Community, the European Community’s Financial Regulations and any other applicable Community legislation.

               3.

               A contract concluded by the Community with any legal entity of Egypt in order to perform an indirect action shall provide for controls and audits to be carried out by, or under the authority of, the Commission or the Court of Auditors of the European Communities.
               In a spirit of cooperation and mutual interest, the relevant authorities of Egypt shall provide any reasonable and feasible assistance as may be necessary or helpful under the circumstances to perform such controls and audits.

         II.   TERMS AND CONDITIONS FOR THE PARTICIPATION OF LEGAL ENTITIES OF MEMBER STATES OF THE EUROPEAN UNION IN EGYPTIAN RESEARCH PROGRAMMES AND PROJECTS

               1.

               Any legal entity established in the Community, created under the national law of one of the Member States of the European Union or under Community law, may participate in projects of Egyptian research and development programmes jointly with Egyptian legal entities.

               2.

               Subject to paragraph 1 and to Annex II, the rights and obligations of legal entities established in the Community participating in Egyptian research projects within research and development programmes, and the terms and conditions applicable for the submission and evaluation of proposals and for the granting and conclusion of contracts in such projects shall be subject to Egyptian laws, regulations and government directives governing the operation of research and development programmes, as applicable to Egyptian legal entities and assuring equitable treatment, taking into account the nature of the cooperation between Egypt and the Community in this field.
               Funding of legal entities established in the Community participating in Egyptian research projects within research and development programmes shall be subject to the Egyptian laws, regulations and government directives governing the operation of research and development programmes, as applicable to non-Egyptian legal entities participating in Egyptian research projects within research and development programmes.

               3.

               Egypt shall regularly inform the Community and Egyptian legal entities of current Egyptian programmes and participation opportunities for legal entities established in the Community.

         ANNEX II
   Principles on the allocation of intellectual property rights
   I.   APPLICATION
   For the purposes of this Agreement, ‘intellectual property’ shall have the meaning given in Article 2 of the Convention establishing the World Intellectual Property Organisation, done at Stockholm on 14 July 1967.
   For the purposes of this Agreement, knowledge shall mean the results, including information, whether or not they can be protected, as well as copyrights or rights pertaining to such information following applications for, or the issue of, patents, designs, plant varieties, supplementary protection certificates or similar forms of protection.
   II.   INTELLECTUAL PROPERTY RIGHTS OF LEGAL ENTITIES OF THE PARTIES

               1.

               Each Party shall ensure that the intellectual property rights of legal entities established in the other Party participating in activities carried out pursuant to this Agreement and the related rights and obligations arising from such a participation are consistent with the relevant international conventions that are applicable to the Parties, including the TRIPS Agreement (Agreement on trade-related aspects of intellectual property Rights administered by the World Trade Organisation) as well as the Berne Convention (Paris Act 1971) and the Paris Convention (Stockholm Act 1967).

               2.

               Legal entities established in Egypt participating in an indirect action of the EC Framework programme shall have the same rights and obligations on intellectual property as those of legal entities established in the Community, under the conditions laid down by the decision taken by the European Parliament and the Council according to Article 167 of the Treaty establishing the European Community, and in the contract concluded with the Community accordingly, such rights and obligations being in compliance with paragraph 1.

               3.

               Legal entities established in the Community participating in Egyptian research programmes or projects shall have the same rights and obligations on intellectual property as those of legal entities established in Egypt participating in such research programmes or projects, such rights and obligations being in compliance with paragraph 1.

         III.   INTELLECTUAL PROPERTY RIGHTS OF THE PARTIES

               1.

               Except if otherwise specifically agreed by the Parties, the following rules shall apply to knowledge generated by the Parties in the course of activities carried out within Article 2(2) of this Agreement:

                           (a)

                           The Party generating such knowledge shall be the owner of that knowledge. Where their respective share of the work cannot be ascertained, they shall have joint ownership of such knowledge.

                           (b)

                           The Party owning that knowledge shall grant access rights on it to the other Party for carrying out activities referred to in Article 2(2) of this Agreement. Such access rights shall be granted on a royalty-free basis.

               2.

               Unless otherwise specifically agreed by the Parties, the following rules shall apply to scientific literary works of the Parties:

                           (a)

                           In cases where a Party publishes scientific and technical data, information and results, by means of journals, articles, reports, books, including video and software, arising and relating to activities carried out pursuant to this Agreement, a worldwide, non-exclusive, irrevocable, royalty-free licence shall be granted to the other Party to translate, reproduce, adapt, transmit and publicly distribute such works.

                           (b)

                           All copies of data and information, protected by copyright, that have to be publicly distributed and prepared under this section shall indicate the names of the author(s) of the work unless an author explicitly declines to be named. They shall also bear a clearly visible acknowledgement of the cooperative support of the Parties.

               3.

               Unless otherwise specifically agreed by the Parties, the following rules shall apply to undisclosed information of the Parties:

                           (a)

                           When communicating to the other Party information relating to activities carried out pursuant to this Agreement, each Party shall identify the information it wishes to remain undisclosed through confidential insignia or legends.

                           (b)

                           The receiving Party may, under its own responsibility, communicate undisclosed information to bodies or persons under its authority for the specific purposes of implementing this Agreement.

                           (c)

                           With the prior written consent of the Party providing undisclosed information, the receiving Party may disseminate such undisclosed information more widely than otherwise permitted in paragraph (b). The Parties shall cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemination, and each Party shall provide such approval to the extent permitted by its domestic policies, regulations and laws.

                           (d)

                           Non-documentary undisclosed or other confidential information provided in seminars and other meetings between representatives of the Parties arranged under this Agreement, or information arising from the attachment of staff, use of facilities or indirect actions, shall remain confidential when the recipient of such undisclosed or other confidential or privileged information was made aware of the confidential character of the information communicated at the time such communication was made, pursuant to paragraph (a).

                           (e)

                           Each Party shall endeavour to ensure that undisclosed information which it receives under paragraphs (a) and (d) is controlled as provided for in this Agreement. If one of the Parties becomes aware that it will be, or may be reasonably expected to become, unable to meet the non-dissemination provisions laid down in paragraphs (a) and (d), it shall immediately inform the other Party. The Parties shall thereafter consult to define an appropriate course of action.


title: Council Decision (EU) 2017/435 of 28 February 2017 on the conclusion of the 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

text:
               14.3.2017

               EN

               Official Journal of the European Union

               L 67/31

         COUNCIL DECISION (EU) 2017/435
   of 28 February 2017
   on the conclusion of the 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
   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), second subparagraph, point (a), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               On 23 February 2009, the Council authorised the Commission to open negotiations, on behalf of the Union and its Member States, with view to 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 (2), as first amended in Luxembourg on 25 June 2005 (3) (‘the Cotonou Agreement’).

               (2)

               In accordance with Council Decision 2010/648/EU (4), the Agreement amending for the second time the Cotonou Agreement (‘the Agreement’) was signed by the Parties on 22 June 2010 at the ACP-EU Council of Ministers held in Ouagadougou, subject to its conclusion at a later date.

               (3)

               In accordance with Decision No 2/2010 of the ACP-EU Council of Ministers (5), the Agreement has been provisionally applied as from 31 October 2010.

               (4)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The 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 (6), is hereby approved on behalf of the European Union.
   Article 2
   The President of the Council shall designate the person(s) empowered to proceed, on behalf of the Union, to deposit the instrument of approval as provided for in Article 93 of the Cotonou Agreement, in order to express the consent of the Union to be bound.
   Article 3
   This Decision shall enter into force on the day of its adoption. It shall be published in the Official Journal of the European Union.

      Done at Brussels, 28 February 2017.

            For the Council

            The President

         J. HERRERA

      (1)  OJ C 65, 19.2.2016, p. 257.

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

      (3)  OJ L 209, 11.8.2005, p. 27.

      (4)  Council Decision 2010/648/EU of 14 May 2010 on the signing, on behalf of the European Union, of the 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. 1).

      (5)  Decision No 2/2010 of the ACP-EU Council of Ministers of 21 June 2010 on transitional measures applicable from the date of signing to the date of entry into force of the 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. 68).

      (6)  The Agreement, together with the declarations attached to the Final Act, have been published in OJ L 287, 4.11.2010, p. 3.


Avis juridique important

|

32004D0221

2004/221/EC: Council Decision of 19 February 2004 appointing a Spanish alternate member of the Committee of the Regions

Official Journal L 068 , 06/03/2004 P. 0023 - 0023

Council Decisionof 19 February 2004appointing a Spanish alternate member of the Committee of the Regions(2004/221/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Spanish Government,Whereas:(1) On 22 January 2002 the Council adopted a Decision appointing the members and alternate members of the Committee of the Regions(1).(2) A seat as an alternate member of the Committee of the Regions has fallen vacant following the expiry of the mandate of Mr Joaquim LLIMONA I BALCELLS, of which the Council was notified on 4 February 2004,HAS DECIDED AS FOLLOWS:Sole ArticleMr Joan CARRETERO I GRAU, Consejero de Gobernación y Administraciones Públicas - Gobierno de la Comunidad Autónoma de Cataluña, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Joaquim LLIMONA I BALCELLS for the remainder of his term of office, which ends on 25 January 2006.Done at Brussels, 19 February 2004.For the CouncilThe PresidentM. McDowell(1) OJ L 24, 26.1.2002, p. 38.


title: 2013/52/EU: Council Decision of 22 January 2013 authorising enhanced cooperation in the area of financial transaction tax

text:
               25.1.2013

               EN

               Official Journal of the European Union

               L 22/11

         COUNCIL DECISION
   of 22 January 2013
   authorising enhanced cooperation in the area of financial transaction tax
   (2013/52/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 329(1) thereof,
   Having regard to the requests made by the Kingdom of Belgium, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Austria, the Portuguese Republic, the Republic of Slovenia and the Slovak Republic,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with Article 3(3) of the Treaty on European Union (TEU), the Union shall establish an internal market.

               (2)

               Pursuant to Article 113 of the Treaty on the Functioning of the European Union (TFEU) the Council shall adopt provisions for the harmonisation of legislation concerning turnover taxes, excise duties and other forms of indirect taxation to the extent that such harmonisation is necessary to ensure the establishment and the functioning of the internal market and to avoid distortion of competition.

               (3)

               In 2011, the Commission took note of a debate which was ongoing at all levels on additional taxation of the financial sector. This debate originates from the desire to ensure that the financial sector fairly and substantially contributes to the costs of the crisis and that it is taxed in a fair way vis-à-vis other sectors for the future, to disincentivise excessively risky activities by financial institutions, to complement regulatory measures aimed at avoiding future crises and to generate additional revenue for general budgets or specific policy purposes.

               (4)

               Against this background, on 28 September 2011, the Commission adopted a proposal for a Council Directive on a common system of financial transaction tax and amending Directive 2008/7/EC (1). The main objective of that proposal was to ensure the proper functioning of the internal market and to avoid distortion of competition.

               (5)

               At the Council meeting of 22 June 2012, it was ascertained that there was no unanimous support for a common system of financial transaction tax (FTT) as proposed by the Commission. The European Council concluded on 29 June 2012 that the proposed Directive would not be adopted by the Council within a reasonable period. At the Council meeting of 10 July 2012, reference was made to persisting and essential differences in opinion as regards the need to establish a common system of FTT at the Union level and it was confirmed that the principle of harmonised taxation on financial transactions will not receive unanimous support within the Council in the foreseeable future.

               (6)

               In these circumstances, 11 Member States, namely Belgium, Germany, Estonia, Greece, Spain, France, Italy, Austria, Portugal, Slovenia and Slovakia, addressed requests to the Commission by letters received between 28 September and 23 October 2012 indicating that they wished to establish enhanced cooperation between themselves in the area of FTT. These Member States requested that the scope and objectives of the enhanced cooperation be based on the Commission proposal for a Directive of 28 September 2011. Reference was also made in particular to the need to avoid evasive actions, distortions and transfers to other jurisdictions.

               (7)

               The enhanced cooperation should provide the necessary legal framework for the establishment of a common system of FTT in the participating Member States and ensure that the basic features of the tax are harmonised. To the extent possible, incentives for tax arbitrage and allocation distortions between financial markets, as well as possibilities for double or non-taxation, as well as evasive actions, should thereby be avoided.

               (8)

               The conditions laid down in Article 20 TEU and Articles 326 and 329 TFEU are fulfilled.

               (9)

               It was recorded at the Council meeting on 29 June 2012 and confirmed on 10 July 2012 that the objective to adopt a common system of FTT cannot be attained within a reasonable period by the Union as a whole. Consequently, the requirement set out in Article 20(2) TEU that enhanced cooperation may be adopted only as a last resort is fulfilled.

               (10)

               The substantive area within which enhanced cooperation would take place, namely, the establishment of a common system of FTT within the Union, is an area covered by Article 113 TFEU and therefore by the Treaties.

               (11)

               Enhanced cooperation in the area of the establishment of a common system of FTT aims at ensuring the proper functioning of the internal market. At the scale of this cooperation, it avoids the coexistence of differing national regimes and thus an undue fragmentation of the market, as well as ensuing problems in the form of distortions of competition, deflections of trade between products, actors and geographical areas, and incentives for operators to avoid taxation through operations with little economic value. Such issues are of particular relevance in the area concerned, which is marked by highly mobile tax bases. Thus, it furthers the objectives of the Union, protects its interests and reinforces its integration process in accordance with Article 20(1) TEU.

               (12)

               The establishment of a common harmonised system of FTT is not included in the list of areas of exclusive competence of the Union set out in Article 3(1) TFEU. Since it serves the functioning of the internal market, in accordance with Article 113 TFEU, it falls under the shared competences of the Union within the meaning of Article 4 TFEU and is thus within the framework of the Union’s non-exclusive competence.

               (13)

               Enhanced cooperation in the area concerned complies with the Treaties and Union law, in accordance with the first paragraph of Article 326 TFEU. In line with the second paragraph of Article 326 TFEU, it will not undermine the internal market or economic, social and territorial cohesion, nor constitute a barrier to or discrimination in trade between Member States or distort competition between them.

               (14)

               Enhanced cooperation in the area concerned respects the competences, rights and obligations of non-participating Member States, in accordance with Article 327 TFEU. Such system would not affect the possibility for non-participating Member States to keep or introduce an FTT on the basis of non-harmonised national rules. The common system of FTT would attribute taxing rights to the participating Member States only on the basis of appropriate connecting factors.

               (15)

               Subject to compliance with any conditions of participation laid down in this Decision, enhanced cooperation in the area referred to therein is open at any time to all Member States willing to comply with the acts already adopted within this framework in accordance with Article 328 TFEU,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Kingdom of Belgium, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Austria, the Portuguese Republic, the Republic of Slovenia and the Slovak Republic are hereby authorised to establish enhanced cooperation between themselves in the area of the establishment of a common system of financial transaction tax, by applying the relevant provisions of the Treaties.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 22 January 2013.

            For the Council

            The President

         M. NOONAN

      (1)  COM(2011) 594 final of 28 September 2011.


title: Commission Decision of 13 May 2015 on appointing members of the Committee for Orphan Medicinal Products to represent patients’ organisations (Text with EEA relevance)

text:
               14.5.2015

               EN

               Official Journal of the European Union

               C 161/7

         COMMISSION DECISION
   of 13 May 2015
   on appointing members of the Committee for Orphan Medicinal Products to represent patients’ organisations
   (Text with EEA relevance)
   (2015/C 161/05)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products (1), and in particular Article 4(3) thereof,
   Whereas:

               (1)

               Article 4(3) of the Regulation (EC) No 141/2000 requires that the Commission appoints representatives of patients' organisations for a mandate of three years.

               (2)

               The term of office of the three members representing patients' organisations expires on 30 June 2015.

               (3)

               The members of the Committee should be appointed for a period of three years starting 1 July 2015.

               (4)

               Where a member appointed by this decision is no longer capable of contributing efficiently to the work of the Committee, or resigns, the Commission may replace this member from the reserve list, for the duration of the member's mandate,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed members of the Committee for a term of three years, from 1 July 2015:

               —

               Lesley GREENE,

               —

               Pauline EVERS,

               —

               Mario RICCIARDI.

         Article 2
   The following are hereby placed on a reserve list by order of merit:

               —

               Julián Isla GÓMEZ,

               —

               Loris Angelo BRUNETTA,

               —

               Baiba ZIEMELE.

      Done at Brussels, 13 May 2015.

            For the Commission,

            On behalf of the President,

         Vytenis ANDRIUKAITIS

            Member of the Commission

      (1)  OJ L 18, 22.1.2000, p. 1.


title: 2010/303/: Council Decision of 25 May 2010 appointing one Danish member of the Committee of the Regions

text:
               28.5.2010

               EN

               Official Journal of the European Union

               L 129/69

         COUNCIL DECISION
   of 25 May 2010
   appointing one Danish member of the Committee of the Regions
   (2010/303/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 Danish 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)

               A member’s seat on the Committee of the Regions has become vacant following the end of term of Mr Jens Jørgen NYGAARD,

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

               —

               Hr. Jan BOYE

                  Rådmand

         Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 25 May 2010.

            For the Council

            The President

         M. SEBASTIÁN

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