               22.7.2016

               EN

               Official Journal of the European Union

               C 266/4

         Decision of the European Banking Authority confirming that the unsolicited credit assessments of certain ECAIs do not differ in quality from their solicited credit assessments
   (2016/C 266/05)
   THE BOARD OF SUPERVISORS OF THE EUROPEAN BANKING AUTHORITY,
   Having regard to Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (1) (the ‘Regulation’ and ‘the EBA’),
   Having regard to Article 138 of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (2) (the ‘CRR’),
   Whereas:

               (1)

               Article 138 CRR permits the use of unsolicited credit assessments of an External Credit Assessment Institution (‘ECAI’) for the determination of risk weights to be assigned to assets and off-balance sheet items for the purpose of the calculation of own funds requirements, subject to confirmation by the EBA that unsolicited credit assessments of that ECAI do not differ in quality from the solicited credit assessments of that same ECAI. In accordance with the same Article, the EBA is required to refuse or revoke this confirmation in particular if the ECAI has used an unsolicited credit assessment to put pressure on the rated entity to place an order for a credit assessment or other services.

               (2)

               In accordance with point (98) of Article 4(1) CRR, ‘ECAI’ refers to a credit rating agency that is registered or certified in accordance with Regulation (EC) No 1060/2009 of the European Parliament and of the Council (3) (the ‘CRA Regulation’) or a central bank issuing credit ratings which are exempt from the application of the CRA Regulation. As a result, this Decision should cover the ratings of all those ECAIs, with the exception of those which, at this stage, do not assign unsolicited ratings. Further, given the interlinkages with the mapping of an ECAI's credit assessments under Article 136(1) CRR, this Decision should cover ratings of all those ECAIs for which a mapping has been assigned. The Decision should also cover those ECAIs which only provide unsolicited ratings with a view to taking into account the considerations referred to in recital 98 of the CRR, which relate to opening the market to other undertakings, while at the same time maintaining rigorous processes and requirements for all ECAIs.

               (3)

               Article 4(1) of the CRA Regulation allows the use of the credit assessments for the determination of the risk-weighted exposure amounts as specified in Article 113(1) CRR as long as they meet the definition of ‘credit rating’ of Article 3(1)(a) CRA Regulation. Therefore, only those unsolicited credit ratings which comply with the definition of credit rating under both the CRR and the CRA Regulation should be covered by this Decision.

               (4)

               In line with the methodology employed for the mapping of ECAIs' credit assessments to credit quality steps (4), both quantitative and qualitative criteria and factors should be used in the assessment contained in this Decision. Given that, by virtue of Article 11 CRA Regulation, credit rating agencies are required to submit data concerning their credit ratings to CEREP, a central repository managed and supervised by ESMA, it is appropriate to use the information available in the CEREP database as the only basis for the quantitative analysis, as it ensures common treatment and reliability of the information processed. Nevertheless, for those ECAIs not covered by the CRA Regulation, which do not submit data to CEREP, external data should be used with regard to the quantitative assessment of the unsolicited ratings of those ECAIs. With regard to the data to support the qualitative analysis, it is necessary to request such relevant information from all relevant ECAIs considered under this Decision.

               (5)

               ECAIs have been classifying unsolicited credit ratings according to different definitions. This is reflected in the submission of information by ECAIs both to the EBA and to ESMA's CEREP database. In response to these divergences in practices across ECAIs, ESMA issued a ‘Q&A’ (5) on the definition of unsolicited rating, setting out its views on it, which, for consistency, should also be employed for the purposes of the assessment exercise under Article 138 CRR. Nevertheless, as the assessment exercise started earlier in time than, and was one of the triggers for the Q&A, it is appropriate for the purposes of this Decision, to assess the ratings considering their classification as assigned by each ECAI before the publication of the Q&A (i.e. 16 December 2015), as this would allow to consider the historical information on unsolicited ratings, and to use the only available quantitative data for such ratings, as provided in the CEREP database. In addition this would help avoid an overly delay of the entry into force of this Decision, especially in view of the impact the Q&A has on how ECAIs classify their unsolicited ratings, their policies, and how those ratings are used by institutions for regulatory purposes. Nevertheless, based on updates by ESMA regarding progress with adoption by ECAIs of the definition of unsolicited rating as further specified in the Q&A, the EBA will assess whether further action should be taken in the context of this Decision.

               (6)

               With regard to the quantitative assessment, selected analyses should be performed for each ECAI where a sufficient number of items is available: ‘ex-ante distribution’, aimed at analysing the distributions of solicited and unsolicited ratings; ‘ex-ante dynamics’, aimed at analysing the time evolution of solicited (unsolicited) ratings that were previously assigned on an unsolicited (solicited) basis; and ‘ex-post analysis’, aimed at analysing possible differences in accuracy between solicited and unsolicited ratings. Depending on the quantitative analysis to be performed, it may be appropriate to identify homogeneous subgroups of credit ratings in order to allow a comparison of the relative characteristics and behaviour of solicited versus unsolicited credit ratings in a way that would avoid conclusions driven by external factors. In cases where only selected quantitative analyses or no quantitative analysis can be performed due to scarcity of data, it is appropriate, at this stage, to still rely on the qualitative criteria for the purposes of the assessment. In these cases any further prudential concerns regarding the quality of unsolicited ratings are expected to be mitigated in the course of performing the mapping required under Article 136(1) CRR, as that mapping is designed to reflect possible quality issues of the ratings.

               (7)

               With regard to the qualitative analysis, and with a view to understanding whether the ECAI produces unsolicited ratings that are of the same quality as its solicited ratings, it is appropriate to consider the following set of criteria and factors: differences in the policies regarding the assignment and review of solicited and unsolicited ratings; differences in the rating methodologies for solicited and unsolicited ratings; the data availability for unsolicited ratings including the most common restrictions of information faced during the assignment of unsolicited ratings, as well as actions undertaken by the ECAI in case of limited data availability. In addition it should be considered whether the ECAI employs measures to avoid that unsolicited credit ratings are used to put pressure on the rated entity to place an order for a credit assessment or other services.

               (8)

               In accordance with the first paragraph of Article 138 CRR, where the EBA has not identified any evidence, either proving a difference in the quality between an ECAI's solicited and unsolicited credit assessments, or that the ECAI has used an unsolicited credit assessment to put pressure on the rated entity to place an order for a credit assessment or other services, the unsolicited credit assessments of that ECAI should not be prevented from being used for capital calculation purposes by institutions at this stage. Following the continuous monitoring of the performance of unsolicited ratings further Decisions should be issued, as appropriate.

               (9)

               In the course of applying the methodology described above, the EBA has not identified any evidence of a difference in the quality of those ECAIs' solicited and unsolicited ratings or of any pressure exerted on rated entities to place an order for a credit assessment or other services. It is therefore appropriate to confirm that the quality of those ECAIs' unsolicited credit assessments does not differ from their solicited credit assessments.

               (10)

               The ECAIs concerned have been informed of the EBA's intention to adopt this decision and be given an opportunity to express their views on it,

         HAS DECIDED AS FOLLOWS:
   Article 1
   For the purposes of Article 138 of Regulation (EU) No 575/2013, the EBA confirms that the quality of the unsolicited credit assessments of the ECAIs set out in the Annex does not differ from the quality of the solicited credit assessments of those ECAIs.
   Article 2
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      Done at London, 17 May 2016.

         Andrea ENRIA

            Chairperson

            For the Board of Supervisors

      (1)  OJ L 331, 15.12.2010, p. 12.

      (2)  OJ L 176, 27.6.2013, p. 1.

      (3)  Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (OJ L 302, 17.11.2009, p. 1).

      (4)  Final draft ITS on the mapping of ECAIs' credit assessments under Article 136 CRR and available at http://www.eba.europa.eu/regulation-and-policy/external-credit-assessment-institutions-ecai/draft-implementing-technical-standards-on-the-mapping-of-ecais-credit-assessments

      (5)  https://www.esma.europa.eu/file/13634/download?token=05de9eN_

      ANNEX
      External Credit Assessment Institutions (ECAIs) the unsolicited credit assessments of which the EBA has confirmed do not differ in quality from their solicited credit assessments for the purposes of Article 138 of Regulation (EU) No 575/2013
      ARC Ratings S.A.
      Axesor SA
      Banque de France
      BCRA – Credit Rating Agency AD
      Capital Intelligence Ltd
      Cerved Rating Agency S.p.A.
      CRIF S.p.A.
      DBRS Ratings Limited
      Euler Hermes Rating GmbH
      European Rating Agency, a.s.
      EuroRating Sp. z o.o.
      FERI EuroRating Services AG
      Fitch Ratings
      GBB-Rating Gesellschaft fuer Bonitaets-beurteilung GmbH
      ICAP Group SA
      Japan Credit Rating Agency Ltd
      Kroll Bond Rating Agency
      Moody’s Investors Service
      Scope Ratings AG
      Spread Research
      Standard & Poor’s Ratings Services
      The Economist Intelligence Unit Ltd


               5.2.2016

               EN

               Official Journal of the European Union

               C 45/98

         P7_TA(2013)0107
   Request for waiver of the parliamentary immunity of Jürgen Creutzmann
   European Parliament decision of 16 April 2013 on the request for waiver of the immunity of Jürgen Creutzmann (2013/2016(IMM))
   (2016/C 045/17)

      The European Parliament,

               —

               having regard to the request for waiver of the immunity of Jürgen Creutzmann, forwarded on 15 January 2013 by the German Federal Ministry of Justice, in connection with a case pending before the Chief Public Prosecutor of Frankenthal (Germany), and announced in plenary on 17 January 2013,

               —

               having heard Jürgen Creutzmann in accordance with Rule 7(3) of its Rules of Procedure,

               —

               having regard to Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, 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 the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010 and 6 September 2011 (1),

               —

               having regard to Article 46 of the German Basic Law (Grundgesetz),

               —

               having regard to Rules 6(2) and 7 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A7-0107/2013),

               A.

               whereas the Chief Public Prosecutor of Frankenthal (Germany) has requested the waiver of the parliamentary immunity of Jürgen Creutzmann, Member of the European Parliament, in connection with launching investigative proceedings concerning an alleged offence;

               B.

               whereas the request by the Chief Public Prosecutor relates to proceedings concerning an alleged offence of causing bodily harm by negligence under Section 229 of the German Criminal Code;

               C.

               whereas, according to Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members shall enjoy, in the territory of their own State, the immunities accorded to members of their Parliament;

               D.

               whereas, under Article 46(2) of the German Basic Law (Grundgesetz), a Member may not be called to account for a punishable offence without the permission of Parliament unless apprehended while committing the offence or in the course of the following day;

               E.

               whereas, consequently, Parliament must thus waive the parliamentary immunity of Jürgen Creutzmann if the proceedings against him are to go ahead;

               F.

               whereas Article 9 of the Protocol on the Privileges and Immunities of the European Union and Article 46(2) of the German Grundgesetz do not preclude the waiver of the immunity of Jürgen Creutzmann;

               G.

               whereas it is therefore advisable that parliamentary immunity be waived in the case in question;

               1.

               Decides to waive the immunity of Jürgen Creutzmann;

               2.

               Instructs its President to forward this decision and the report of its competent committee immediately to the appropriate authorities of the Federal Republic of Germany and to Jürgen Creutzmann.

      (1)  Judgment of 12 May 1964 in Case 101/63, Wagner v Fohrmann and Krier (ECR 1964, p. 195); judgment of 10 July 1986 in Case 149/85, Wybot v Faure and others (ECR 1986, p. 2403); judgment of 15 October 2008 in Case T-345/05, Mote v Parliament (ECR 2008, p. II-2849); judgment of 21 October 2008 in Joined Cases C-200/07 and C-201/07, Marra v De Gregorio and Clemente (ECR 2008, p. I-7929); judgment of 19 March 2010 in Case T-42/06, Gollnisch v Parliament (ECR 2010, p. II-1135); judgment of 6 September 2011 in Case C-163/10, Patriciello (ECR 2011, p. I-7565).


Avis juridique important

|

31979D0478

79/478/EEC: Council Decision of 14 May 1979 appointing an alternative member of the Advisory Committee on Training in Nursing

Official Journal L 123 , 19/05/1979 P. 0017 - 0017

****( 1 ) OJ NO L 176 , 15 . 7 . 1977 , P . 11 .  ( 2 ) OJ NO L 18 , 25 . 1 . 1979 , P . 25 .    COUNCIL DECISION   OF 14 MAY 1979   APPOINTING AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON TRAINING IN NURSING  ( 79/478/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO COUNCIL DECISION 77/454/EEC OF 27 JUNE 1977 SETTING UP AN ADVISORY COMMITTEE ON TRAINING IN NURSING  ( 1 ), AND IN PARTICULAR ARTICLES 3 AND 4 THEREOF ,   WHEREAS BY ITS DECISION 79/85/EEC ( 2 ) THE COUNCIL APPOINTED MR P . LABROUSSE AS AN ALTERNATE MEMBER FOR THE PERIOD ENDING ON 14 JANUARY 1982 ;   WHEREAS THE GOVERNMENT OF FRANCE NOMINATED MR O . BRASSEUR , ON 19 APRIL 1979 , WITH A VIEW TO REPLACING MR P . LABROUSSE ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR OLIVIER BRASSEUR IS HEREBY APPOINTED AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON TRAINING IN NURSING IN PLACE OF MR PIERRE LABROUSSE FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 14 JANUARY 1982 .   DONE AT BRUSSELS , 14 MAY 1979 .   FOR THE COUNCIL   THE PRESIDENT   R . MONORY


Avis juridique important

|

31998D0138

98/138/EC: Council Decision of 26 January 1998 on the conclusion by the European Community of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Uzbekistan, of the other part

Official Journal L 043 , 14/02/1998 P. 0001 - 0001

COUNCIL DECISION of 26 January 1998 on the conclusion by the European Community of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Uzbekistan, of the other part (98/138/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228(2), first sentence thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (1),Whereas, pending the entry into force of the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part, signed in Florence on 21 June 1996, it is necessary to approve on behalf of the European Community the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Uzbekistan, of the other part,HAS DECIDED AS FOLLOWS:Article 1 The Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Uzbekistan, of the other part, together with the Annexes, the Protocol and the declarations thereto are hereby approved on behalf of the European Community.These texts are attached to this Decision.Article 2 The President of the Council is hereby authorised to designate the persons empowered to sign the Interim Agreement on behalf of the European Community (2).Article 3 The President of the Council shall give the notification provided for in Article 32 of the Interim Agreement on behalf of the European Community.Done at Brussels, 26 January 1998.For the CouncilThe PresidentR. COOK(1) OJ C 14, 19.1.1998.(2) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: Council Decision of 15 October 1973 concluding the Agreement between the European Economic Community and the International Committee of the Red Cross on the supply of cereals and skimmed-milk powder as food aid

text:
28 . 1 . 74                       Official Journal of the European Communities                        No L 23/ 17
                                                COUNCIL DECISION
                                                   of 15 October 1973
            concluding the Agreement between the European Economic Community and
            the International Committee of the Red Cross on the supply of cereals and
                                        skimmed-milk powder as food aid
                                                       (74/22/EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Economic Community, and in
            particular Articles 113, 114 and 228 thereof ;
            Having regard to the proposal from the Commission ;
            Whereas the International Committee of the Red Cross has made known its requirements
            in cereal products for humanitarian programmes and whereas a quantity of foodstuffs
            equivalent to 7 500 metric tons of cereals should be placed at its disposal for this
            purpose ;
            Whereas in Council Regulation (EEC) No 2721 /72           of 19 December 1972 on the
            supply of skimmed-milk powder as food aid, as amended by Council Regulation (EEC)
            No 2700/73 (2), it was decided to place 6 000 tons of this product at the disposal of the
            International Committee of the Red Cross ;
            Whereas concerning emergency programmes to be decided upon in implementation of
            the envisaged Agreement, the Community's approval should be given to the International
            Committee of the Red Cross as soon as possible, and whereas it may prove necessary to
            reply very rapidly to any requests for adaptations which might be made by the above
            Committee during the implementation of the said Agreement,
            HAS DECIDED AS FOLLOWS :
                                                         Article 1
            On behalf of the Community, the Agreement between the European Economic Commu
            nity and the International Committee of the Red Cross on the supply of cereals and skim
            med-milk powder as food aid, the text of which is annexed to this Decision, is hereby
            concluded .
                                                         Article 2
            The approval provided for in the third paragraph of Article IV and the second paragraph
            of Article X of the Agreement referred to in Article 1 is given by the Commission .
                                                         Article 3
            The President of the Council is hereby authorized to nominate the persons entitled to
            sign the Agreement and confer on them the powers necessary to commit the Community.
            Done at Luxembourg, 15 October 1973 .
                                                                       For the Council
                                                                         The President
                                                                        I. N0RGAARD
            (!) OJ No L 291 , 28 . 12. 1972, p. 28 .
            (2) OJ No L 279, 5 . 10. 1973 , p. 1 .


Avis juridique important

|

31992D0611

92/611/EEC: Council Decision of 7 December 1992 concerning the conclusion by the European Economic Community of an Agreement in the form of exchanges of letters concerning the extension of the duration of the Interim Agreement on trade and trade-related measures between the European Economic Community and the European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of the other part

Official Journal L 408 , 31/12/1992 P. 0001 - 0001 Finnish special edition: Chapter 11 Volume 20 P. 0169  Swedish special edition: Chapter 11 Volume 20 P. 0169

COUNCIL DECISION of 7 December  1992 concerning the conclusion by the European Economic Community of an Agreement in the form of  exchanges of letters concerning the extension of the duration of the Interim Agreement on trade and  trade-related measures between the European Economic Community and the European Coal and Steel  Community, of the one part, and the Czech and Slovak Federal Republic, of the other part  (92/611/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, Having regard to the opinion of the European Parliament (1), Whereas, pending the completion of the ratification procedure of the Europe Agreement establishing  an association between the European Communities and their Member States of the one part and the  Czech and Slovak Federal Republic of the other part signed in Brussels on 16 December 1991, it is  necessary to extend, after 31 December 1992, the duration of the Interim Agreement on trade and  trade-related measures between the European Economic Community and the European Coal and Steel  Community of the one part and the Czech and Slovak Federal Republic of the other part (2) signed in  Brussels on 16 December 1991, by concluding an Agreement in the form of exchanges of letters, HAD DECIDED AS FOLLOWS: Article 1 The Agreement in the form of exchanges of letters concerning the  extension of the duration of the Interim Agreement on trade and trade-related measures between the  European Economic Community and the European Coal and Steel Community of the one part and the Czech  and Slovak Federal Republic of the other part is hereby approved on behalf of the European Economic  Community. The text of the Agreement is attached to this Decision. Article 2 The President of the Council is hereby authorized to designate the persons who will  sign the Agreement in order to bind the Community. Done at Brussels, 7 December 1992. For the Council The President D. HURD   (1) OJ N° C 337, 21. 12. 1992.  (2) OJ N° L 115, 30. 4. 1992, p. 2.


Avis juridique important

|

31978D0479

78/479/EEC: Commission Decision of 11 May 1978 laying down the detailed rules for the financial compensation necessary under Article 131 of the Act of Accession

Official Journal L 152 , 08/06/1978 P. 0021 - 0021

****  COMMISSION DECISION   OF 11 MAY 1978   LAYING DOWN THE DETAILED RULES FOR THE FINANCIAL COMPENSATION NECESSARY UNDER ARTICLE 131 OF THE ACT OF ACCESSION  ( 78/479/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO ARTICLE 131 OF THE ACT OF ACCESSION ,   WHEREAS THE FINANCIAL COMPENSATION NECESSARY FOR 1978 AND 1979 UNDER ARTICLE 131 OF THE SAID ACT WILL BE MADE OUTSIDE THE BUDGET ON A QUARTERLY BASIS ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE COMMISSION SHALL CARRY OUT THE CALCULATIONS NECESSARY FOR THE APPLICATION OF ARTICLE 131 OF THE ACT OF ACCESSION BEFORE THE END OF EACH QUARTER .   ARTICLE 2   THE CALCULATIONS MADE ON EACH SUCH OCCASION SHALL BE AGGREGATED AND THE FINANCIAL COMPENSATION SHALL TAKE ACCOUNT OF THE TRANSACTIONS ALREADY EFFECTED IN THE PRECEDING QUARTERS OF THE BUDGETARY YEAR CONCERNED .   ARTICLE 3   THE RESULTS OF THESE CALCULATIONS SHALL BE COMMUNICATED TO THE MEMBER STATES .   ARTICLE 4   THE COMMISSION SHALL REQUEST DEBTOR MEMBER STATES , NOT LATER THAN THE 10TH DAY OF THE MONTH FOLLOWING THE END OF EACH QUARTER , TO PAY THE SUMS DUE FROM THEM WITHIN 30 DAYS .   PAYMENTS SHALL BE ENTERED IN THE COMMISSION ' S ACCOUNTS REFERRED TO IN ARTICLE 9 OF REGULATION ( EEC ) NO 2891/77 , IN NATIONAL CURRENCY , ON THE BASIS OF THE EUA RATES IN FORCE ON THE FIRST WORKING DAY AFTER THE 15TH DAY OF THE MONTH FOLLOWING THE QUARTER IN QUESTION .   ARTICLE 5   NOT LATER THAN THE 10TH DAY OF THE SECOND MONTH FOLLOWING EACH QUARTER , THE COMMISSION SHALL PAY TO THE CREDITOR MEMBER STATES THE SUMS RECEIVED , IN NATIONAL CURRENCY , USING THE EXCHANGE RATES PROVIDED FOR IN ARTICLE 4 .   ARTICLE 6   THE CONSEQUENCES OF THESE CALCULATIONS SHALL BE SET OUT IN DETAIL IN A SPECIAL ANNEX TO THE REVENUE AND EXPENDITURE ACCOUNT FOR THE BUDGETARY YEAR CONCERNED .   DONE AT BRUSSELS , 11 MAY 1978 .   FOR THE COMMISSION   CHRISTOPHER TUGENDHAT   MEMBER OF THE COMMISSION


title: Council Decision of 15 October 1973 concluding the Agreement between the European Economic Community and the Hashemite Kingdom of Jordan on the supply of skimmed-milk powder as food aid

text:
28 . 1 . 74                        Official Journal of the European Communities                     No L 23/27
                                                COUNCIL DECISION
                                                  of 15 October 1973
            concluding the Agreement between the European Economic Community and
            the Hashemite Kingdom of Jordan on the supply of skimmed-milk powder as
                                                        food aid
                                                      (74/24/EEC)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Treaty establishing the European Economic Community, and in
            particular Articles 113, 114 and 228 thereof ;
            Having regard to the Recommendation from the Commission ;
            Whereas in Council Regulation (EEC) No 2721 /72 (J) of 19 December 1972 on the
            supply of skimmed-milk powder as food aid it was decided to make 1 000 metric tons of
            skimmed-milk powder available to the Hashemite Kingdom of Jordan,
            HAS DECIDED AS FOLLOWS :
                                                        Article 1
            The Agreement between the European Economic Community and the Hashemite
            Kingdom of Jordan on the supply of skimmed-milk powder as food aid, the text of which
            is annexed hereto, is hereby concluded on behalf of the Community.
                                                        Article 2
            The President of the Council is hereby authorized to designate the persons empowered to
            sign the Agreement, and to confer on them the powers necessary to bind the Community.
            Done at Luxembourg, 15 October 1973.
                                                                       For the Council
                                                                         The President
                                                                        I. N0RGAARD
             (i) OJ No L 291 , 28 . 12. 1972, p. 28 .


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

text:
 No L 59 /90                            Official Journal of the European Communities                                  5 . 3 . 73
                                                           DECISION
                                                      of 22 January 1973
               of the Representatives of the Governments of the Member States of the European Coal
               and Steel Community, meeting in the Council, establishing supervision of imports of
                                            certain products originating in Sweden
                                                          (73 / 13 /EEC)
 THE REPRESENTATIVES OF THE GOVERNMENTS                               Goods shall be set off against the indicative ceiling
 OF THE MEMBER STATES OF THE EUROPEAN                                 only if the movement certificate has been submitted
 COAL AND STEEL COMMUNITY, MEETING IN THE                             before   the date  on   which   customs     duties     are
 COUNCIL,                                                             reimposed.
                                                                     The reaching of an indicative ceiling shall be
                                                                      determined at Community level on the basis of
in agreement with the Commission ,                                    imports set off against it in the manner defined in
                                                                     the preceding subparagraphs .
 HAVE DECIDED :                                                      The Member States shall periodically inform the
                                                                      Commission of imports effected in accordance with
                                                                     the above rules .
                          Article 1
                                                                     3 . As soon as the ceilings have been reached, the
                                                                      Member States may, at the request of one of them or
1.     Imports of products originating in Sweden to                  of the Commission, reimpose, each in respect of its
which annual indicative ceilings are applied in                      own territory, the customs duties applicable to third
 accordance with Articles 1 and 2 of the Protocol to                 countries, adjusted, where appropriate, by the
the Agreement between the Member States of the                       percentages laid down in Article 2 (e) of the Protocol
European Coal and Steel Community and the                            to the Agreement referred to in paragraph 1 .
European Coal and Steel Community, of the one
part, and the Kingdom of Sweden, of the other part,
shall be subjected to supervision in 1973 .                                                Article 2
The description of the products referred to in the                   For the implementation , of this Decision the Member
preceding subparagraph, their tariff headings and                    States shall take all necessary measures in close
statistic numbers, the levels of the indicative ceilings             cooperation with the Commission.
and the dates on which supervision shall begin are
given in Annex 1 to Council Regulation (EEC) No
419/73 of 22 January 1973 establishing Community                                           Article 3
supervision of imports of certain products originating
in Sweden ( 1 ).                                                     The Member States shall take all measures required
                                                                     to implement this Decision.
2. Amounts shall be set off against the indicative
ceilings as and when products are submitted to the
customs authorities under cover of a declaration that                Done at Brussels, 22 January 1973 .
they have been made available for consumption and
accompanied by a movement certificate conforming                                                        The P" resident
to the rules contained in the Agreement referred to in
paragraph 1 .                                                                                L. TINDEMANS
(*) See p. 12 of this Official Journal.


Avis juridique important

|

31979D1068

79/1068/ECSC, EEC, Euratom: Decision of the European Parliament of 16 November 1979 on the discharge to be granted to the Commission in the implementation of the budget of the European Communities for the 1977 financial year and the report of the court of Auditors

Official Journal L 331 , 27/12/1979 P. 0001 - 0002

++++ ( 1 ) IN ACCORDANCE WITH ARTICLE 15 OF COUNCIL REGULATION ( EEC , EURATOM , ECSC ) N 2891/77 OF 19 DECEMBER 1977 ( OJ N L 336 , 27 . 12 . 1977 , P . 5 ) .  DECISION OF THE EUROPEAN PARLIAMENT  OF 16 NOVEMBER 1979  ON THE DISCHARGE TO BE GRANTED TO THE COMMISSION IN THE IMPLEMENTATION OF THE BUDGET OF EUROPEAN COMMUNITIES FOR THE 1977 FINANCIAL YEAR AND THE REPORT OF THE COURT OF AUDITORS   ( 79/1068/ECSC , EEC , EURATOM )  THE EUROPEAN PARLIAMENT ,   _ HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 78G THEREOF ,   _ HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 206B THEREOF ,   _ HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLE 180B THEREOF ,   _ HAVING REGARD TO THE REVENUE AND EXPENDITURE ACCOUNTS AND THE FINANCIAL STATEMENTS FOR THE ACCOUNTANCY PROCEDURES IN RESPECT OF THE BUDGET FOR THE 1977 FINANCIAL YEAR ,   _ HAVING REGARD TO THE REPORT OF THE COURT OF AUDITORS ON THE ACCOUNTS FOR THE 1977 FINANCIAL YEAR AND THE ANSWERS OF THE INSTITUTIONS TO THE REPORT ( DOC . 500/78 ) ,   _ HAVING REGARD TO THE COUNCIL RECOMMENDATION ON THE GRANTING OF A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE BUDGET AND OF THE AMENDING AND SUPPLEMENTARY BUDGETS FOR THE 1977 FINANCIAL YEAR ( DOC . 179/79 ) ,   _ HAVING REGARD TO THE REPORT OF THE COMMITTEE ON BUDGETARY CONTROL ( DOC . 1-463/79 ) ,  1 . NOTES THAT :   ( A ) ESTIMATES OF REVENUE FOR THE 1977 FINANCIAL YEAR TOTALLED 9 584 257 659 UNITS OF ACCOUNT ( U.A . ) , MADE UP FOLLOWS :   _ OWN RESOURCES : 6 295 143 004 UNITS OF ACCOUNT ,   _ CONTRIBUTIONS PROVIDED FOR IN THE DECISION OF 21 APRIL 1970 : 3 158 041 541 UNITS OF ACCOUNT ,   _ OTHER : 131 073 114 UNITS OF ACCOUNT ;   ( B ) ESTIMATES OF EXPENDITURE FOR THE 1977 FINANCIAL YEAR TOTALLED 9 584 257 659 UNITS OF ACCOUNT .  2 . NOTES THAT :   ( A ) EXPENDITURE TO BE MET ( 1 ) FROM REVENUE FOR THE FINANCIAL YEAR TOTALLED 8 483 247 173 * 98 UNITS OF ACCOUNT , MADE UP AS FOLLOWS :   _ PAYMENTS IN THE 1977 FINANCIAL YEAR : 7 227 291 305 * 36 UNITS OF ACCOUNT ,   _ CARRY-OVERS TO THE 1978 FINANCIAL YEAR : 1 670 497 751 * 68 UNITS OF ACCOUNT ,   _ LESS LAPSED CARRY-OVERS FROM THE 1976 FINANCIAL YEAR : 414 541 883 * 06 UNITS OF ACCOUNT ;   ( B ) APPROPRIATIONS ( COMMITMENTS ) UTILIZED DURING THE FINANCIAL YEAR TOTALLED 9 585 870 870 * 92 UNITS OF ACCOUNT .  3 . GRANTS A DISCHARGE TO THE COMMISSION IN RESPECT OF THE FOLLOWING AMOUNTS SHOWN IN THE REVENUE AND EXPENDITURE ACCOUNTS :   ( A ) REVENUE :   _ ENTITLEMENTS ESTABLISHED FOR THE 1977 FINANCIAL YEAR TOTALLED 8 484 744 296 * 33 UNITS OF ACCOUNT ,   _ ENTITLEMENTS COLLECTED AS AT 31 DECEMBER 1977 TOTALLED 10 331 503 807 * 12 UNITS OF ACCOUNT , MADE UP AS FOLLOWS :  1 . AMOUNTS COLLECTED FROM THE ENTITLEMENTS FOR THE FINANCIAL YEAR TOTALLED 8 832 219 048 * 60 UNITS OF ACCOUNT , MADE UP AS FOLLOWS :   _ OWN RESOURCES : 5 688 712 821 * 08 UNITS OF ACCOUNT ,   _ CONTRIBUTIONS UNDER THE DECISION OF 21 APRIL 1970 : 2 867 641 190 * 28 UNITS OF ACCOUNT ,   _ OTHER : 275 865 037 * 24 UNITS OF ACCOUNT ,  2 . AMOUNTS COLLECTED FROM ENTITLEMENTS CARRIED FORWARD FROM THE PRECEDING FINANCIAL YEAR TOTALLED 1 499 284 758 * 52 UNITS OF ACCOUNT , MADE UP AS FOLLOWS :   _ OWN RESOURCES : 1 049 590 541 * 45 UNITS OF ACCOUNT ,   _ CONTRIBUTIONS PROVIDED FOR UNDER THE DECISION OF 21 APRIL 1970 : 348 314 783 * 02 UNITS OF ACCOUNT ,   _ OTHER : 101 379 434 * 05 UNITS OF ACCOUNT ;   ( B ) EXPENDITURE ( PAYMENTS SHOWN IN THE ACCOUNTS FOR THE FINANCIAL YEAR ) : 7 227 291 305 * 36 UNITS OF ACCOUNT .  4 . ALSO NOTES THAT ENTITLEMENTS ESTABLISHED FOR EARLIER YEARS AS AT 31 DECEMBER 1976 ( 1 497 122 * 34 UNITS OF ACCOUNT ) HAVE BEEN CANCELLED .  5 . DRAWS ATTENTION TO ITS RESOLUTION EMBODYING THE COMMENTS ACCOMPANYING THE DECISION GRANTING A DISCHARGE AND REQUESTS THE INSTITUTIONS TO REPORT ON THE MEASURES TAKEN FOLLOWING THOSE COMMENTS IN ACCORDANCE WITH ARTICLE 85 OF THE FINANCIAL REGULATION .  6 . INSTRUCTS ITS PRESIDENT TO COMMUNICATE THIS DECISION AND THE ATTACHED COMMENTS TO THE COMMISSION OF THE EUROPEAN COMMUNITIES , TO FORWARD THEM TO THE OTHER INSTITUTIONS AND TO ARRANGE FOR THEIR PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE AT STRASBOURG , 16 NOVEMBER 1979 .  THE SECRETARY-GENERAL  H.-J . OPITZ  THE PRESIDENT  SIMONE VEIL


Avis juridique important

|

32003D0815

2003/815/EC: Council Decision of 17 November 2003 appointing a Spanish alternate member of the Committee of the Regions

Official Journal L 308 , 25/11/2003 P. 0019 - 0019

Council Decisionof 17 November 2003appointing a Spanish alternate member of the Committee of the Regions(2003/815/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) Pursuant to Council Decision 2002/60/EC of 22 January 2002(1) appointing the members and alternate members of the Committee of the Regions.(2) The seat of an alternate member of the Committee of the Regions has become vacant following the expiry of the mandate of Ms Adela BARRERO FLOREZ, of which the Council was notified on 27 October 2003,HAS DECIDED AS FOLLOWS:Sole ArticleMr Darío DÍAZ ALVAREZ, Director General de Relaciones Exteriores y Asuntos Europeos, Comunidad Autónoma del Principado de Asturias, is hereby appointed an alternate member of the Committee of the Regions in place of Ms Adela BARRERO FLOREZ for the remainder of her term of office, which ends on 25 January 2006.Done at Brussels, 17 November 2003.For the CouncilThe PresidentF. Frattini(1) OJ L 24, 26.1.2002, p. 38.


Avis juridique important

|

31989D0193

89/193/EEC: Council Decision of 18 July 1988 on the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and the Republic of India on the guaranteed prices for cane sugar for the 1987/1988 delivery period

Official Journal L 072 , 16/03/1989 P. 0028

*****COUNCIL  DECISION  of 18 July 1988  on the conclusion of an Agreement in the form of an Exchange of Letters between the European Economic Community and the Republic of India on the guaranteed prices for cane sugar for the 1987/1988 delivery period  (89/193/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 implementation of the Agreement between the European Economic Community and the Republic of India on cane sugar (1) is carried out, in accordance with Article 1 (2) thereof, within the framework of the management of the common organization of the sugar market;  Whereas it is appropriate to approve the Agreement in the form of an Exchange of Letters between the European Economic Community and the Republic of India on the guaranteed prices for cane sugar for the 1987/1988 delivery period,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an Exchange of Letters between the European Economic Community and the Republic of India on the guaranteed prices for cane sugar for the 1987/1988 delivery period 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.  Article 3  This Decision shall be published in the Official Journal of the European Communities.  Done at Brussels, 18 July 1988.  For the Council  The President  Y. POTTAKIS  (1) OJ No L 190, 22. 7. 1975, p. 35.


title: Decision (EU) 2015/2209 of the European Parliament of 27 October 2015 on the closure of the accounts of the ARTEMIS Joint Undertaking for the financial year 2013

text:
               1.12.2015

               EN

               Official Journal of the European Union

               L 314/32

         DECISION (EU) 2015/2209 OF THE EUROPEAN PARLIAMENT
   of 27 October 2015
   on the closure of the accounts of the ARTEMIS Joint Undertaking for the financial year 2013
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the ECSEL Joint Undertaking (formerly the ARTEMIS Joint Undertaking) for the financial year 2013,

               —

               having regard to the Court of Auditors' report on the annual accounts of the ARTEMIS Joint Undertaking for the financial year 2013, together with the Joint Undertaking's replies (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the Joint Undertaking in respect of the implementation of the budget for the financial year 2013 (05306/2015 — C8-0049/2015),

               —

               having regard to its decision of 29 April 2015 (3) postponing the discharge decision for the financial year 2013, and the replies from the Executive Director of the ECSEL Joint Undertaking (formerly the ARTEMIS Joint Undertaking),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4),

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 209 thereof,

               —

               having regard to Council Regulation (EC) No 74/2008 of 20 December 2007 on the establishment of the ‘ARTEMIS Joint Undertaking’ to implement a Joint Technology Initiative in Embedded Computing Systems (6),

               —

               having regard to Council Regulation (EU) No 561/2014 of 6 May 2014 establishing the ECSEL Joint Undertaking (7), and in particular Article 1(2) and Article 12 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (8),

               —

               having regard to Commission Delegated Regulation (EU) No 110/2014 of 30 September 2013 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (9),

               —

               having regard to Rule 94 of and Annex V to its Rules of Procedure,

               —

               having regard to the second report of the Committee on Budgetary Control (A8-0283/2015),

               1.

               Approves the closure of the accounts of the ARTEMIS Joint Undertaking for the financial year 2013;

               2.

               Instructs its President to forward this Decision to the Executive Director of the ECSEL Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 452, 16.12.2014, p. 8.

      (2)  OJ C 452, 16.12.2014, p. 9.

      (3)  OJ L 255, 30.9.2015, p. 416.

      (4)  OJ L 248, 16.9.2002, p. 1.

      (5)  OJ L 298, 26.10.2012, p. 1.

      (6)  OJ L 30, 4.2.2008, p. 52.

      (7)  OJ L 169, 7.6.2014, p. 152.

      (8)  OJ L 357, 31.12.2002, p. 72.

      (9)  OJ L 38, 7.2.2014, p. 2.


title: 2010/249/: Commission Decision of 30 April 2010 concerning the adoption of a financing decision towards a preparatory action on control posts for 2010

text:
               1.5.2010

               EN

               Official Journal of the European Union

               L 110/32

         COMMISSION DECISION
   of 30 April 2010
   concerning the adoption of a financing decision towards a preparatory action on control posts for 2010
   (2010/249/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and in particular the introductory phrase and Article 49(6)(b) and Article 75(2) thereof,
   Having regard to 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 (2) (hereinafter referred to as the Implementing Rules), and in particular Article 90 thereof,
   Whereas:

               (1)

               The communication from the Commission to the European Parliament and the Council on a Community action plan on the protection and welfare of animals 2006-2010 (3) identifies as one area of action the upgrading of existing minimum standards for animal protection and welfare in line with new scientific evidence and socioeconomic assessments as well as securing efficient enforcement.

               (2)

               In order to improve the welfare of certain categories of transported animals, Union legislation lays down requirements concerning maximum journey times after which the animals are to be unloaded, fed and watered and rested. Such obligatory breaks in the long-distance transport of animals take place at control posts, as defined in Article 1(1) of Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for control posts (4).

               (3)

               The increase in the number of animals being transported by road over long journeys has led to the need for improved control posts. It is necessary to determine, by consulting stakeholders and using their technical expertise, quality criteria for control posts and to determine which strategies should be developed within the Union.

               (4)

               In addition, there is a lack of control posts in certain locations and a number of existing control posts are of poor quality. A preparatory action, including the building or renovating of certain control posts, should therefore be carried out.

               (5)

               In 2008, a call for proposals was published by the Commission for a similar preparatory action, but none of the proposals received met the minimum criteria of the call, due to the lack of sufficient information regarding the economic viability of the projects as well as the source of co-financing.

               (6)

               Commission Decision 2009/755/EC of 13 October 2009 concerning the adoption of a financing decision towards a preparatory action on control posts for 2009 (5) established two phases of the preparatory action for 2009: firstly a preliminary study by a procurement procedure and another one by grants.

               (7)

               In 2009, the preliminary study provided for in Decision 2009/755/EC was initiated to collect information on the current status of control posts as well as to define quality criteria for high quality control posts. That study will also establish economic criteria for providing subsidies to properly renovate or build high quality control posts. The results of the study are expected by May 2010 and the procedure for grants provided for by Decision 2009/755/EC will be initiated on the basis of the criteria established in the study.

               (8)

               It is appropriate to maintain financing by the Union for that preparatory action. In the general budget of the European Union for 2010, the budgetary authority allocated EUR 2 000 000 to a preparatory action on control posts.

               (9)

               This Decision constitutes a financing decision within the meaning of Article 75(2) of Regulation (EC, Euratom) No 1605/2002 and Article 90 of Regulation (EC, Euratom) No 2342/2002.

               (10)

               Pursuant to Article 83 of Regulation (EC, Euratom) No 1605/2002, the validation, authorisation and payment of expenditure should be completed within the time limits laid down in the Implementing Rules.

               (11)

               For the application of this Decision, it is appropriate to define the term ‘substantial change’, within the meaning of Article 90(4) of Regulation (EC, Euratom) No 2342/2002,

         HAS ADOPTED THIS DECISION:
   Article 1
   The preparatory action, as set out in the Annex, (the preparatory action) is hereby adopted.
   Article 2
   For the purposes of this Decision, the definition of ‘control post’ in Article 1(1) of Regulation (EC) No 1255/97 shall apply.
   Article 3
   The maximum contribution of the European Union for the implementation of the preparatory action is set at EUR 2 000 000, to be financed from budget line 17 04 03 03 of the general budget of the European Union for 2010.
   Article 4
   1.   The authorising officer may adopt any changes to this Decision which are not considered substantial within the meaning of Article 90(4) of Regulation (EC, Euratom) No 2342/2002, in accordance with the principles of sound financial management and of proportionality.
   2.   Cumulated changes of the allocations to the actions covered by the preparatory action not exceeding 10 % of the maximum contribution provided for in Article 3 of this Decision shall not be considered to be substantial within the meaning of Article 90(4) of Regulation (EC, Euratom) No 2342/2002, provided that they do not significantly affect the nature and objective of the preparatory action.

      Done at Brussels, 30 April 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 248, 16.9.2002, p. 1.

      (2)  OJ L 357, 31.12.2002, p. 1.

      (3)  COM(2006) 13 final.

      (4)  OJ L 174, 2.7.1997, p. 1.

      (5)  OJ L 269, 14.10.2009, p. 26.

      ANNEX

         PREPARATORY ACTION FOR CONTROL POSTS FOR 2010

      1.1.   Introduction

      This preparatory action contains one implementing measure for 2010.
      On the basis of the objectives given in the preparatory action, the allocation of the budget is for grants for the building or the renovation of control posts (to be implemented in direct centralised management) and is set at: EUR 2 000 000.
      1.2.   Grants for the building or the renovation of control posts

      Grants shall be awarded by means of a written agreement (grant agreement).
      LEGAL BASIS
      Preparatory action within the meaning of Article 49(6)(b) of Regulation (EC, Euratom) No 1605/2002.
      BUDGETARY LINE
      17 04 03 03
      PRIORITIES OF THE YEAR, OBJECTIVES TO BE FULFILLED AND PLANNED RESULTS
      The increased number of animals being transported by road over long journeys has increased the need for improved control posts where animals are to rest. In the interest of animal health and welfare, it has been necessary to introduce specific measures to avoid stress to the animals and the spread of infectious diseases. The objective of the preparatory action is to increase the use of control posts and promote high quality control posts. This preparatory action is a follow up of a previous preparatory action provided for in Decision 2009/755/EC.
      DESCRIPTION AND OBJECTIVE OF THE IMPLEMENTING MEASURE
      The preparatory action shall consist in building or renovating high quality control posts in order to validate an experimental certification scheme based on the results of the feasibility study launched in 2009 pursuant to Decision 2009/755/EC. The preparatory action is expected to encourage an economically viable certification scheme for high quality control posts in order to improve the welfare of animals transported over long journeys.
      IMPLEMENTATION
      The implementation shall be carried out directly by the Directorate-General for Health and Consumers.
      TIMETABLE AND INDICATIVE AMOUNT OF THE CALL FOR PROPOSALS/DIRECT AWARD
      A single call for proposals of EUR 2 000 000 shall be published.
      The preparatory action shall be performed within 24 months from the date of the signature of the grant agreement.
      The call for proposals shall be launched after the completion of the study on the evaluation of the feasibility as referred to in Section 1.2 of Decision 2009/755/EC foreseen by the end of May 2010.
      MAXIMUM POSSIBLE RATE OF CO-FINANCING
      70 %
      ESSENTIAL SELECTION AND AWARD CRITERIA

         Selection criteria

                  —

                  Financial capacity of the applicant:

                              —

                              applicants must show that they have the financial capacity to carry out the action to be financed,

                              —

                              applicants must provide evidence that they have available own resources needed for the Union co-financing requested and to manage the necessary cash-flow for the management of the project. The amount of the grant given to a beneficiary must not exceed the total amount of his/her own capital and long-term debt.

                  —

                  Technical and professional capacity of the applicant:

                              —

                              applicants must have the technical capacity and the professional capability to carry out the action to be co-financed. They must provide evidence of their knowledge and experience in the field of animal-related infrastructure and animal transport operations. They must provide certification and descriptions of projects and activities undertaken by them three years before the date of their application and more particularly of projects related to related issues (transport or keeping of animals, building of infrastructure related to animals). They must provide detailed curriculum vitae of each member of their team and demonstrate the managerial capabilities of the project director and manager, including his or her educational background, degrees and diplomas, professional experience, research work and publications,

                              —

                              applicants must demonstrate that organisations applying for the action are committed to the objectives of the project and support the principle of introducing a certification scheme for control posts which is to be implemented by the action. They must provide evidence of the contacts and international stakeholders that they intend to consult, in particular as regards certification, and whose resources they intend to draw upon in the course of the execution of the preparatory action.

         Award criteria

      The following general award criteria shall apply:

                  —

                  soundness of the approach (20 %),

                  —

                  organisation of work and degree of involvement of competent authorities/organisations in the Member States covered by the action (30 %),

                  —

                  relevance of the project at Union level and multiplier effect (30 %),

                  —

                  cost-effectiveness ratio of the project (20 %).

            FORM OF THE GRANT
      Written agreement.


               16.12.2004

               EN

               Official Journal of the European Union

               C 311/3

         Council Decision appointing the members of the Scientific and Technical Committee
   (2004/C 311/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 134 thereof,
   Having regard to the opinion of the Commission,
   Whereas:

               (1)(2)

               By its Decision of 22 December 2003 (1), the Council appointed the members of the Scientific and Technical Committee for the period 1 April 2003 to 31 March 2008. However, by virtue of Article 50 of the Act concerning the conditions of accession (2), their terms of office expired on 1 May 2004 and new members should be appointed.In order to allow the Scientific and Technical Committee to make full use of the wide range of expertise required in fulfilling its tasks, the Committee may, subject to its internal rules, call on alternates to the members to participate in its meetings,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed members of the Scientific and Technical Committee for the period 1 May 2004 to 30 April 2009:

               Bertrand BARRE

               Janis BERZINS

               Sten BJURSTRÖM

               Michel BOURGUIGNON

               Udo BROCKMEIER

               Leonidas CAMARINOPOULOS

               Michel CHATELIER

               Pavel CHRÁSKA

               Maurizio CUMO

               Allan DUNCAN

               Manfred HEINDLER

               Sue ION

               Michael KAUFMANN

               Jørgen KJEMS

               Zdeněk KŘÍŽ

               Peter LIŠKA

               Carlo LOMBARDI

               José Maria MARTÍNEZ-VAL PEÑALOSA

               Júlio Martins MONTALVÃO E SILVA

               Jerzy Wiktor NIEWODNICZAŃSKI

               Tom O'FLAHERTY

               Derek POOLEY

               Enn REALO

               Francesco ROMANELLI

               Juan Antonio RUBIO RODRIGUEZ

               Rainer SALOMAA

               Jean-Paul SAMAIN

               Edouard SINNER

               Borut SMODIŠ

               Michael SAILER

               Zoltán SZATMÁRY

               Eugenijus USPURAS

               Theofiel VAN RENTERGEM

               Carlos VARANDAS

               Adrianus H. M.VERKOOIJEN

               Andreas M.VERSTEEGH

               Sándor ZOLETNIK

      Done at Brussels, 25 November 2004.

            For the Council

            The President

         L. BRINKHORST

      (1)  OJ C 8, 13.1.2004, p. 1.

      (2)  OJ L 236, 23.9.2003, p. 33.


Avis juridique important

|

41996D0735

96/735/EC: Decision taken by common accord by the governments of the Member States of the European Community at the level of Heads of State or Government of 13 December 1996 appointing the President of the European Monetary Institute

Official Journal L 335 , 24/12/1996 P. 0047 - 0047

DECISION TAKEN BY COMMON ACCORD BY THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITY AT THE LEVEL OF HEADS OF STATE OR GOVERNMENT of 13 December 1996 appointing the President of the European Monetary Institute (96/735/EC)THE HEADS OF STATE OR GOVERNMENT OF THE MEMBER STATES OF THE EUROPEAN COMMUNITY,Having regard to the Treaty establishing the European Community, and in particular Article 109f (1), second subparagraph thereof, and to Article 9.3 of the Protocol on the Statute of the European Monetary Institute,Having regard to the recommendation of the Council of the European Monetary Institute,Having regard to the opinion of the European Parliament,Having regard to the opinion of the Council,HAVE DECIDED AS FOLLOWS:Sole Article Mr Willem Frederik DUISENBERG is hereby appointed President of the European Monetary Institute as from 1 July 1997 until the date the European Central Bank is established, in accordance with Article 23.7 of the Protocol on the Statute of the European Monetary Institute.Done at Dublin, 13 December 1996.The PresidentJ. BRUTON


title: 2014/82/EU: Council Decision of 11 February 2014 appointing a Lithuanian alternate member of the Committee of the Regions

text:
               14.2.2014

               EN

               Official Journal of the European Union

               L 44/51

      COUNCIL DECISION

   of 11 February 2014
   appointing a Lithuanian alternate member of the Committee of the Regions
   (2014/82/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 Lithuanian Government,
   Whereas:

               (1)

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

               (2)

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

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

               —

               Mr Vytautas JONUTIS, Member of Plungė District Municipal Council.

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

      Done at Brussels, 11 February 2014.

            For the Council

            The President

         E. VENIZELOS

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

      (2)  OJ L 12, 19.1.2010, p. 11.


( UNOFFICIAL ENGLISH TRANSLATION ) DECISION NO. 6 OF 5 JUNE 1959 CONCERNING THE INTERPRETATION OF PARAGRAPH NO. 1 OF THE GENERAL OBSERVATIONS AT THE HEAD OF ANNEX D OF REGULATION NO. 3


title: Council Decision (EU) 2015/1969 of 22 October 2015 establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement on the accession of Ukraine to the Revised Agreement on Government Procurement

text:
               4.11.2015

               EN

               Official Journal of the European Union

               L 288/14

         COUNCIL DECISION (EU) 2015/1969
   of 22 October 2015
   establishing the position to be taken on behalf of the European Union within the Committee on Government Procurement on the accession of Ukraine to the Revised Agreement on Government Procurement
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 13 December 2012, Ukraine applied for accession to the Revised Agreement on Government Procurement (‘the Revised GPA’).

               (2)

               Ukraine's commitments on coverage are laid down in its final offer, as submitted to the Parties to the Revised GPA on 29 June 2015.

               (3)

               Ukraine's final offer provides for an extensive coverage of central and sub-central entities and other entities operating in the utilities, goods, construction services and other services sectors. It is therefore satisfactory and acceptable. The terms of Ukraine's accession, as reflected in the Annex to this Decision, will be reflected in the decision adopted by the Committee on Government Procurement (‘the GPA Committee’) on Ukraine's accession.

               (4)

               Ukraine's accession to the Revised GPA is expected to make a positive contribution to the further opening of public procurement markets internationally.

               (5)

               Article XXII(2) of the Revised GPA provides that any Member of the WTO may accede to the Revised GPA on terms to be agreed between that Member and the Parties, with such terms stated in a decision of the GPA Committee.

               (6)

               It is therefore appropriate to establish the position to be taken on the Union's behalf within the GPA Committee, with regard to the accession of Ukraine,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the European Union within the Committee on Government Procurement shall be to approve the accession of Ukraine to the Revised Agreement on Government Procurement, subject to specific terms of accession set out in the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 22 October 2015.

            For the Council

            The President

         F. ETGEN

      ANNEX
      EU TERMS OF UKRAINE'S ACCESSION TO THE REVISED GPA (1)

      Upon Ukraine's accession to the Revised GPA, point 2 of section 2 (‘The Central Government contracting authorities of the EU Member States’) of Annex 1 to Appendix I for the European Union shall read as follows:

                     ‘2.

                     For the goods, services, suppliers and service providers of Israel, Montenegro, the Republic of Moldova, and Ukraine, procurement by the following central government contracting authorities.’.

         (1)  The numbering of the coverage schedules of the Parties to the Revised GPA has been changed by the WTO secretariat in agreement with the Parties to the Revised GPA. The numbering used in this Annex corresponds to the numbering of the latest true certified copy of coverage schedules of the Parties to the Revised GPA, which has been transmitted by the WTO to the Parties to the Revised GPA by way of official notification and is available at http://www.wto.org/english/tratop_e/gproc_e/gp_app_agree_e.htm#revisedGPA. The numbering of the coverage schedules of the Parties to the Revised GPA published in OJ L 68, 7.3.2014, p. 2 is obsolete.


Avis juridique important

|

41988D0078

88/78/ECSC: Decision of the representatives of the Governments of the Member States, meeting within the Council of 8 February 1988 establishing the arrangements to be applied to imports into Spain and Portugal of products within the province of the ECSC Treaty, originating in Austria, Finland, Norway, Sweden or Switzerland and covered by the Agreements between the Community and those countries

Official Journal L 039 , 12/02/1988 P. 0032 - 0033

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL  of 8 February 1988  establishing the arrangements to be applied to imports into Spain and Portugal of products within the province of the ECSC Treaty, originating in Austria, Finland, Norway, Sweden or Switzerland and covered by the Agreements between the Community and those countries  (88/78/ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,  Whereas the Member States have concluded the Treaty establishing the European Coal and Steel Community;  Whereas on 1 January 1986 the Kingdom of Spain and the Portuguese Republic acceded to that Community;  Whereas the Additional Protocols to the Agreements concluded between the Member States of the European Coal and Steel Community and that Community, on the one hand, and the Republic of Austria, the Republic of Finland, the Kingdom of Norway and the Kingdom of Sweden, on the other, consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community and also the Additional Protocols to the Agreements concluded between the Member States of the said Community, on the one hand, and the Swiss Confederation and the Republic of Iceland, on the other, must be approved by each contracting party in accordance with its own procedures;  Whereas the procedures for ratifying the said Additional Protocols have not yet been completed and it is necessary concomitantly to implement on a unilateral basis the obligations resulting for 1988 to 1993 from those Protocols, as regards customs duties on imports; whereas, however, such obligations do not exist as far as Iceland is concerned;  In agreement with the Commission,  HAVE DECIDED AS FOLLOWS:  Article 1  1. For products within the province of the ECSC Treaty originating in Austria, Finland, Norway, Sweden and Switzerland (hereinafter referred to as the EFTA countries), customs duties on imports into Spain, including the Canary Islands and Ceuta and Melilla, shall be progressively abolished in accordance with the following timetable:  - on 1 January 1988, each duty shall be reduced to 62,5 % of the basic duty,  - on 1 January 1989, each duty shall be reduced to 47,5 % of the basic duty,  - on 1 January 1990, each duty shall be reduced to 35,0 % of the basic duty,  - on 1 January 1991, each duty shall be reduced to 22,5 % of the basic duty,  - on 1 January 1992, each duty shall be reduced to 10,0 % of the basic duty.  The last reduction of 10 % shall be made on 1 January 1993.  2. Customs duties on imports into Portugal shall be progressively abolished according to the following timetable:  - on 1 January 1988, each duty shall be reduced to 65 % of the basic duty,  - on 1 January 1989, each duty shall be reduced to 50 % of the basic duty, - on 1 January 1990, each duty shall be reduced to 40 % of the basic duty,  - on 1 January 1991, each duty shall be reduced to 30 % of the basic duty.  The other two reductions of 15 % each shall be made on 1 January 1992 and 1 January 1993.  3. The basic duties shall be the duties actually applied on 1 January 1985, except for imports into Portugal of sheets, clad, coated or otherwise surface-treated, falling within subheading ex 7210 70 19 and 7212 40 91 of the combined nomenclature, for which the basic duty shall be 20 %.  4. However, if after 1 January 1985 and before 1 January 1986 a tariff reduction was applied, such reduced duty shall be considered as the basic duty.  5. If, during the period 1988 to 1992, the Kingdom of Spain or the Portuguese Republic suspends in whole or in part the customs duties applicable to products imported from the Community as constituted on 31 December 1985, it shall also suspend or reduce, by the same percentage, the duties applicable to products originating in the EFTA countries.  Article 2  1. Products covered by the Agreements concluded with the EFTA countries and originating therefrom, when imported into the Canary Islands or into Ceuta and Melilla, shall enjoy in all respects the same customs regime as that which is applied to products originating in the customs territory of the Community, including the arbitrio insular charge applied in the Canary Islands.  2. The EFTA countries shall grant to imports of products covered by the Agreements referred to in paragraph 1 and originating in the Canary Islands and in Ceuta and Melilla the same customs regime as that which is granted to products imported from and and originating in Spain.  Article 3  1. If the Kingdom of Spain opens to third countries tariff quotas actually applied on 1 January 1985, products originating in the EFTA countries shall be subject to the same treatment as products imported from the Community as constituted on 31 December 1985, whilst such quotas remain open.  2. If the Kingdom of Spain does not open the quotas referred to in paragraph 1, it shall apply to products imported from and originating in the EFTA countries the duties applied in the event of such quotas being opened. The quantities or values subject to those duties shall be limited to the amounts actually imported from those countries under the same quotas opened on 1 January 1985.  Article 4  1. The ad valorem charge of 0,2 % applied by the Portuguese Republic to goods imported temporarily, goods reimported (excluding containers) and goods imported under the inward processing arrangements, characterized by the rebate of duties levied on the import of goods used after export of the products obtained (drawback) shall be abolished on 1 January 1988.  2. The ad valorem charge of 0,9 % applied by Portugal to goods imported for home use shall be reduced to 0,6 % on 1 January 1989, reduced to 0,3 % on 1 January 1990 and abolished on 1 January 1991.  Article 5  Any amendments to the origin rules made necessary by the accession of the Kingdom of Spain and the Portuguese Republic and made by the Joint Committees provided for in the Agreements between the Community and the EFTA countries shall apply to the products referred to in this Decision.  Article 6  This Decision shall apply until the entry into force of the Additional Protocols to the Agreements between the Member States of the European Coal and Steel Community and that Community, on the one hand, and the EFTA countries, on the other, but not later than 31 December 1992.  Article 7  The Member States shall take the measures necessary to implement this Decision.  Done at Brussels, 8 February 1988.  The President  I. KIECHLE


Avis juridique important

|

31981D0217

81/217/Euratom, EEC: Council Decision of 17 March 1981 adopting a programme for the European Atomic Energy Community and the European Economic Community in the field of special scientific and technical training, implemented by means of advanced training courses and grants

Official Journal L 101 , 11/04/1981 P. 0029 - 0031 Spanish special edition: Chapter 12 Volume 4 P. 0028  Portuguese special edition Chapter 12 Volume 4 P. 0028

+++++( 1 ) OJ NO C 291 , 10 . 11 . 1980 , P . 57 .  ( 2 ) OJ NO C 300 , 18 . 11 . 1980 , P . 8 .  ( 3 ) OJ NO C 7 , 29 . 1 . 1974 , P . 2 .  COUNCIL DECISION OF 17 MARCH 1981 ADOPTING A PROGRAMME FOR THE EUROPEAN ATOMIC ENERGY COMMUNITY AND THE EUROPEAN ECONOMIC COMMUNITY IN THE FIELD OF SPECIAL SCIENTIFIC AND TECHNICAL TRAINING , IMPLEMENTED BY MEANS OF ADVANCED TRAINING COURSES AND GRANTS ( 81/217/EURATOM , EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLE 7 THEREOF ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 235 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION , SUBMITTED AFTER CONSULTATION WITH THE SCIENTIFIC AND TECHNICAL COMMITTEE ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,  WHEREAS THE RESOLUTION OF THE COUNCIL OF THE EUROPEAN COMMUNITIES OF 14 JANUARY 1974 ON THE COORDINATION OF NATIONAL POLICIES AND THE DEFINITION OF PROJECTS OF INTEREST TO THE COMMUNITY IN THE FIELD OF SCIENCE AND TECHNOLOGY ( 3 ) ADVOCATES THE PROGRESSIVE IMPLEMENTATION OF A NEW RESEARCH AND DEVELOPMENT POLICY ;  WHEREAS THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY PROVIDES THAT THE RESEARCH PROGRAMMES OF THE EUROPEAN ATOMIC ENERGY COMMUNITY ARE TO BE SUPPLEMENTED BY A PROGRAMME IN THE FIELD OF SCIENTIFIC AND TECHNICAL TRAINING ;  WHEREAS , IN ORDER TO ATTAIN THE OBJECTIVES SET OUT IN ARTICLES 2 AND 3 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , THE COUNCIL HAS ADOPTED RESEARCH PROGRAMMES IN NON-NUCLEAR FIELDS IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 235 OF THE TREATY ;  WHEREAS A PROGRAMME OF SCIENTIFIC AND TECHNICAL TRAINING WOULD APPROPRIATELY SUPPLEMENT THESE PROGRAMMES AND IS ESSENTIAL TO THE ATTAINMENT OF THE OBJECTIVES SET OUT IN THE TREATIES ;  WHEREAS NO PROVISION IS MADE IN THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY FOR THE SPECIFIC POWERS REQUIRED FOR THESE PURPOSES ;  WHEREAS THE TRAINING OF NEW SCIENTIFIC AND TECHNICAL STAFF AND THE DEVELOPMENT OF QUALIFIED SPECIALISTS IN THE AREAS COVERED BY THE RESEARCH PROGRAMMES ADOPTED BY THE COUNCIL ARE ESSENTIAL REQUIREMENTS FOR THE PROGRESSIVE IMPLEMENTATION BY THE COMMUNITY OF A COMMUNITY RESEARCH AND DEVELOPMENT POLICY ;  HAVING REGARD TO THE OPINIONS EXPRESSED BY THE SCIENTIFIC AND TECHNICAL RESEARCH COMMITTEE ( CREST ) AND THE ADVISORY COMMITTEE FOR SCIENTIFIC AND TECHNICAL TRAINING RESPECTIVELY ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  A PROGRAMME OF TRAINING AS SET OUT IN ANNEX I IS HEREBY ADOPTED FOR A FOUR-YEAR PERIOD FROM 1 JANUARY 1981 .  ARTICLE 2  THE UPPER LIMIT FOR EXPENDITURE COMMITMENTS NECESSARY FOR IMPLEMENTING THE PROGRAMME IS FIXED AT 8 800 000 ECU , THE ECU BEING AS DEFINED IN THE RELEVANT FINANCIAL REGULATIONS , AND THE MAXIMUM STAFF ALLOCATION IS FIXED AT SIX EMPLOYEES .  ARTICLE 3  THE COMMISSION SHALL BE RESPONSIBLE FOR THE IMPLEMENTATION OF THIS PROGRAMME .  TO ASSIST IT IN THIS TASK , AN ADVISORY COMMITTEE ON PROGRAMME MANAGEMENT IS HEREBY ESTABLISHED . THE TERMS OF REFERENCE AND MEMBERSHIP OF THE COMMITTEE SHALL BE AS DEFINED IN THE COUNCIL RESOLUTION OF 18 JULY 1977 RELATING TO ADVISORY COMMITTEES ON PROGRAMME MANAGEMENT . THE PARTICULAR TASKS OF THE ADVISORY COMMITTEE ARE SPECIFIED IN ANNEX II .  DONE AT BRUSSELS , 17 MARCH 1981 .  FOR THE COUNCIL  THE PRESIDENT  D . F . VAN DER MEI  ANNEX I  CONTENT OF THE TRAINING PROGRAMME  THE PROGRAMME IN THE FIELD OF SCIENTIFIC AND TECHNICAL TRAINING APPLIES TO THOSE AREAS WHICH ARE THE SUBJECT OF NUCLEAR OR NON-NUCLEAR COMMUNITY RESEARCH PROGRAMMES . IT COMPRISES THE FOLLOWING MEASURES :  1 . AWARD OF GRANTS FOR SCIENTIFIC WORK AT VARIOUS LEVELS OF TRAINING ( POST-GRADUATE DISSERTATIONS , PHD THESES , POST-DOCTORATE RESEARCH ) . THE GRANTS ARE AWARDED FOR RESEARCH WORK WHICH MUST BE CARRIED OUT IN A COMMUNITY COUNTRY OTHER THAN THE APPLICANT'S COUNTRY OF ORIGIN OR THE COUNTRY IN WHICH HE NORMALLY WORKS - EXCEPTION BEING MADE FOR THE ESTABLISHMENTS OF THE JOINT RESEARCH CENTRE AS A COMMUNITY BODY . SCIENCE STUDENTS , HOLDERS OF HIGHER EDUCATION QUALIFICATIONS OR DOCTORATES IN THE VARIOUS BRANCHES OF SCIENCE AND ENGINEERS - INCLUDING SCIENTISTS AND ENGINEERS WORKING IN INDUSTRY - IN PRINCIPLE FROM THE MEMBER STATES , ARE ELIGIBLE FOR THESE GRANTS .  2 . FINANCING OF ADVANCED FURTHER TRAINING COURSES IN AREAS OF PARTICULAR IMPORTANCE TO THE COMMUNITY'S RESEARCH AND DEVELOPMENT POLICY .  ANNEX II  PARTICULAR TASKS OF THE ADVISORY COMMITTEE  1 . WITHOUT PREJUDICE TO THE COMMISSION'S RESPONSIBILITY IN THE IMPLEMENTATION OF THE PROGRAMME , IT SHALL BE THE TASK OF THE ADVISORY COMMITTEE ON PROGRAMME MANAGEMENT ( SCIENTIFIC AND TECHNICAL TRAINING ) TO CONTRIBUTE IN ITS ADVISORY CAPACITY , AS DEFINED IN THE COUNCIL RESOLUTION OF 18 JULY 1977 , TO THE BEST POSSIBLE IMPLEMENTATION OF THE PROGRAMME FOR WHICH IT IS RESPONSIBLE AND IN PARTICULAR TO THE :  - ALLOCATION OF APPROPRIATIONS AMONG THE VAROUS AREAS COVERED ,  - DEFINITION OF THE FORM WHICH THE TRAINING COURSES SHOULD TAKE AND HOW THEY SHOULD BE RUN ,  - FIXING OF MINIMUM REQUIREMENTS AS REGARDS THE STUDIES OF THOSE WHO APPLY FOR THE GRANTS ,  - BALANCED SELECTION OF CANDIDATES , FIELDS AND PLACES OF TRAINING .  2 . IF NECESSARY THE COMMITTEE SHALL , IN FULFILLING ITS TERMS OF REFERENCE , CALL UPON THE SERVICES OF SPECIALIST WORKING PARTIES OR COMMITTEES DEPENDING ON THE NATURE OF THE SUBJECT ( PARTICULARLY THE CREST SUB-COMMITTEE ON TRAINING IN DATA-PROCESSING ) .


title: 86/668/EEC: Council Decision of 8 April 1986 concerning the conclusion of the Agreement between the European Economic Community and Hong Kong on trade in textile products

text:
31 . 12 . 86                             Official Journal of the European Communities                                             No L 388 / 1
                                                                   II
                                            (Acts whose publication is not obligatory)
                                                        COUNCIL
                                                      COUNCIL DECISION
                                                         of 8 April 1986
                   concerning the conclusion of the Agreement between the European Economic Community and
                                             Hong Kong on trade in textile products
                                                          ( 86 / 668 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               Community and Hong Kong on trade in textile products is
                                                                        hereby approved on behalf of the Community .
Having regard to the Treaty establishing the European
Economic Community , and in particular Article 113                      The text of the Agreement is attached to thiss Decision .
thereof,
Having      regard   to   the   recommendation      from    the
Commission ,                                                                                Article 2
Whereas the Agreement on trade in textile products                       The President of the Council shall give the notification
negotiated between the European Economic Community                      provided for in Article 17 of the Agreement ( 1 ).
and Hong Kong should be approved ,
                                                                        Done at Luxembourg , 8 April 1986 .
HAS DECIDED AS FOLLOWS :
                                                                                For the Council
                            Article 1
                                                                                The President
The Agreements         between     the European      Economic                                                  G. M. V. van AARDENNE
                                                                        ( 1 ) The date of entry into force of the Agreement will be published in
                                                                              the Official Journal of the European Communities by the
                                                                              General-Secretariat of the Council .


Avis juridique important

|

31994D1124(01)

Council Decision of 10 November 1994 appointing an alternate member of the Advisory Committee on the Training of Dental Practitioners

Official Journal C 326 , 24/11/1994 P. 0001 - 0001

COUNCIL DECISION of 10 November 1994 appointing an alternate member of the Advisory Committee on the Training of Dental Practitioners (94/C 326/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Decision 78/688/EEC of 25 July 1978 setting up an Advisory Committee on the Training of Dental Practitioners (1), an in particular Articles 3 and 4 thereof,Whereas, by its Decision of 25 July 1994 (2), the Council appointed Mr Heribert POHL an alternate member for the period ending 24 July 1997;Whereas the German Government has nominated Mr Detlef Schulze-WILCK to replace Mr Heribert POHL,HAS DECIDED AS FOLLOWS:Sole Article Mr Detlef Schulze-WILCK is hereby appointed an alternate member of the Advisory Committee on the Training of Dental Practitioners in place of Mr Heribert POHL for the remainder of the latter's term of office, which ends on 24 July 1997.Done at Brussels, 10 November 1994.For the CouncilThe PresidentU. SEILER-ALBRING(1) OJ No L 233, 24. 8. 1978, p. 15.(2) OJ No C 221, 9. 8. 1994, p. 5.


Avis juridique important

|

32001D0015

2001/15/EC: Commission Decision of 27 December 2000 pursuant to Council Regulation (EC) No 3286/94 to suspend the examination procedure concerning obstacles to trade in cosmetics in the Republic of Korea (notified under document number C(2000) 4128)

Official Journal L 004 , 09/01/2001 P. 0029 - 0030

Commission Decisionof 27 December 2000pursuant to Council Regulation (EC) No 3286/94 to suspend the examination procedure concerning obstacles to trade in cosmetics in the Republic of Korea(notified under document number C(2000) 4128)(2001/15/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organisation(1), as last amended by Regulation (EC) No 356/95(2), and in particular Articles 11 and 14 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURAL BACKGROUND(1) On 2 April 1998, Colipa, the Liaison Committee of the European Cosmetic, Toiletry and Perfumery Association, lodged a complaint under Article 4 of Regulation (EC) No 3286/94 (hereinafter "the Regulation") on behalf of those of its members which export to Korea or wish to do so.(2) The complainant alleged that Community sales of cosmetic products in the Republic of Korea were hindered by three obstacles to trade within the meaning of Article 2(1) of the Regulation, i.e. "a practice adopted or maintained by a third country and in respect of which international trade rules establish a right of action". The alleged obstacles to trade were:(i) Conformity assessment procedure: testing on imported cosmetics carried out by the Korean administration, in Korea, often requiring a period of three months in order to complete the different stages of the procedure;(ii) Administrative tracking of products: obligation for importers to keep, for three years, registers containing customs, commercial and quality-related information on all cosmetic products that they import. In addition, importers also required to send an annual report to the Korean Cosmetics Industry Association (KCIA) containing sensitive commercial information;(iii) Authorisation procedure for advertisements: allegedly leading to discrimination.(3) The complainant alleged that the conformity assessment procedure and the administrative tracking requirements were burdensome and unnecessary and that the procedures for testing imposed on imported goods differed from those for domestic products and were therefore discriminatory. The complainant also alleged that the flexible interpretation of the Pharmaceutical Affairs Law with regard to advertising led to discrimination against imported products. The complainant therefore asserted that the Korean practices mentioned above contravened Articles 5.1.1 and 5.1.2 of the WTO Agreement on Technical Barriers to Trade and Article III(4) of GATT 1994.(4) The complainant also claimed that its members were suffering adverse trade effects within the meaning of Article 2(4) of the Regulation and that they were in danger of being more adversely affected in the near future. The complainant claimed that additional costs were incurred due to the rigorous conditions imposed on imports of cosmetics in Korea, those costs being in the order of 1,5 % of net sales of products imported into Korea. Those additional costs arose from an excessive workload for its administrative and technical staff, the supplementary costs involved in the tests themselves and the handling and warehousing of the stocks during tests. In addition, the complainant asserted that the discrimination affecting advertising for imported products made it more difficult for them to increase their market share to help compensate for the additional costs incurred by the conformity assessment procedure and excessive administrative requirements.(5) The Commission decided therefore, after consultation of the Advisory Committee established by the Regulation, that there was sufficient evidence to justify initiating an examination procedure for the purpose of considering the legal and factual issues involved. Consequently, an examination procedure was initiated on 19 May 1998(3).B. THE FINDINGS OF THE EXAMINATION PROCEDURE(6) During the examination procedure, which focused on the Korean market, Commission officials met with importers in Korea, the Korean association of cosmetics manufacturers and the Korean authorities. In addition, the Commission officials met with manufacturers in the Community and scientific experts from Colipa to discuss the testing of products and the legislation governing the production and marketing of cosmetics in the Community.(7) The examination procedure found that the conformity assessment procedure was both discriminatory and more burdensome than necessary and was thus a violation of Articles 5.1.1 and 5.1.2 of the WTO Agreement on Technical Barriers to Trade. The examination procedure also found that the compulsory documentation requirement, which created an unnecessary duplication of administrative work for importers, was contrary to Article 5.1.2 of the WTO Agreement on Technical Barriers to Trade. The examination procedure found that the legislation governing the advertising regime for cosmetics was not discriminatory.C. REACTION OF THE KOREAN GOVERNMENT TO THE INITIATION OF THE TBR EXAMINATION PROCEDURE(8) The Korean authorities were cooperative and provided the information requested by the Commission.(9) The Korean authorities also indicated a willingness to join the Commission in seeking a negotiated agreement that would lead to a solution to the problems encountered by imported cosmetics and, for this purpose, to discuss changes in the Korean legal regime affecting cosmetics.D. OUTCOME OF THE EXAMINATION PROCEDURE(10) Following a series of discussions, the Commission and the Korean authorities reached an agreement whereby the Korean legislation on cosmetics would be amended in regard to the testing of cosmetic products imported into the Republic of Korea. That agreement was confirmed by an Exchange of Letters between the European Commission and the Mission of the Republic of Korea to the European Union. The agreement stated that cosmetics manufactured by producers whose premises had been approved by the competent Korean authorities as being of an equivalent or higher standard than that specified by Korean Good Manufacturing Practice would be exempted from testing at the moment of import. This does not apply to the first import of a product but to all subsequent imports.(11) In accordance with the agreement Korea introduced an amendment to its legislation which entered into force on 24 January 2000. Furthermore, Korean officials carried out on-site inspections at the premises of various Community producers and granted the required approvals in February and July 2000. Finally, on 1 July 2000 Korea enacted a law on cosmetics regulating issues relating to the manufacture, importation and sale of "cosmetics" and "cosmeceuticals" (a special category of cosmetics for sun and anti-wrinkle protection). The new Cosmetics Law is to be implemented through enforcement regulations, notably, Ministry of Health and Welfare (MHW) Notice No 163 which entered into force on 19 July 2000.E. RECOMMENDATION(12) The Commission services are of the opinion that the agreement reached between the Commission and the Korean authorities has been implemented in its major elements. The Commission services wish to monitor the enforcement guidelines, introduced during 2000, and their implementation in order to be satisfied that their provisions do not contradict any aspect of the agreement. The examination procedure concerning measures imposed by the Republic of Korea affecting the import, distribution and advertising of cosmetics, perfume and toiletries products should be suspended for a period of six months to enable such examination to take place. At the end of that period the Commission services will report to Member States their conclusions on the enforcement guidelines and their compatibility with the agreement. At that time, if all interested parties are satisfied that no concerns remain, the TBR examination procedure will be terminated,HAS DECIDED AS FOLLOWS:Sole ArticleThe examination procedure concerning measures imposed by the Republic of Korea affecting the import, distribution and advertising of cosmetics, perfume and toiletries products initiated on 19 May 1998 is hereby suspended.Done at Brussels, 27 December 2000.For the CommissionPascal LamyMember of the Commission(1) OJ L 349, 31.12.1994, p. 71.(2) OJ L 41, 23.2.1995, p. 3.(3) OJ C 154, 19.5.1998, p. 12.


Avis juridique important

|

41981D0438

81/438/Euratom, ECSC, EEC: Decision of the representatives of the Governments of the Member States of the European Communities of 26 May 1981 appointing a Member of the Commission of the European Communities

Official Journal L 168 , 25/06/1981 P. 0021

****     CONFERENCE OF THE REPRESENTATIVES OF THE   GOVERNMENTS OF THE MEMBER STATES   DECISION   OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER   STATES OF THE EUROPEAN COMMUNITIES   OF 26 MAY 1981   APPOINTING A MEMBER OF THE COMMISSION OF THE EUROPEAN COMMUNITIES  ( 81/438/EURATOM , ECSC , EEC )   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES , AND IN PARTICULAR ARTICLE 11 AND THE SECOND SUBPARAGRAPH OF ARTICLE 12 THEREOF ,   WHEREAS MR CLAUDE CHEYSSON WAS APPOINTED MEMBER OF THE COMMISSION BY DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF 1 JANUARY 1981 ; WHEREAS MR CLAUDE CHEYSSON TENDERED HIS RESIGNATION BY A LETTER DATED 22 MAY 1981 ;   WHEREAS , THEREFORE , A REPLACEMENT MUST BE FOUND FOR THE VACANCY THUS CREATED ,   HAVE DECIDED AS FOLLOWS :   SOLE ARTICLE   MR EDGAR PISANI IS HEREBY APPOINTED MEMBER OF THE COMMISSION OF THE EUROPEAN COMMUNITIES FOR THE PERIOD 26 MAY 1981 TO 5 JANUARY 1985 INCLUSIVE .   DONE AT BRUSSELS , 26 MAY 1981 .   THE PRESIDENT   R . A . VAN SWINDEREN


( UNOFFICIAL ENGLISH TRANSLATION ) DECISION NO. 35 OF 21 DECEMBER 1960 CONCERNING THE METHODS OF CALCULATION AND ALLOCATION OF THE SUPPLEMENTARY PENSIONS WHICH ARE OWED IN APPLICATION OF ARTICLE 28, PARAGRAPH ( 3 ), OF REGULATIONS 3 AND 35, PARAGRAPH ( 1 ), OF REGULATION NO. 4