title: 2011/863/EU: Council Decision of 16 December 2011 on the position to be taken by the European Union in the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons as regards the replacement of Annex II to that Agreement on the co-ordination of social security schemes

text:
               22.12.2011

               EN

               Official Journal of the European Union

               L 341/1

         COUNCIL DECISION
   of 16 December 2011
   on the position to be taken by the European Union in the Joint Committee established under the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons as regards the replacement of Annex II to that Agreement on the co-ordination of social security schemes
   (2011/863/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 48, in conjunction with Article 218(9) thereof,
   Having regard to Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (1), and in particular Article 2 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons (2) ("the Agreement") was signed on 21 June 1999 and entered into force on 1 June 2002.

               (2)

               Article 18 of the Agreement provides that the Joint Committee may, by decision, adopt amendments to the Agreement, including Annex II thereto on the co-ordination of social security schemes.

               (3)

               In order to preserve a coherent and correct application of the legal acts of the Union and to avoid administrative and possibly legal difficulties, Annex II to the Agreement needs to be amended to integrate new legal acts of the Union to which the Agreement does not currently refer.

               (4)

               In the interests of clarity and rationality, Annex II to the Agreement and the Protocol to that Annex should be codified.

               (5)

               The position of the Union in the Joint Committee should therefore be based on the draft Decision set out in Annex I to this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the Union in the Joint Committee established by Article 14 of the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons shall be based on the draft Decision of the Joint Committee set out in Annex I to this Decision.
   Article 2
   The Declaration set out in Annex II to this Decision is hereby approved and shall be made on behalf of the Union in the Joint Committee when the latter adopts its Decision referred to in Article 1.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 16 December 2011.

            For the Council

            The President

         M. SAWICKI

      (1)  OJ L 114, 30.4.2002, p. 1.

      (2)  OJ L 114, 30.4.2002, p. 6.

      DRAFT
      DECISION No …/… OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND ITS MEMBER STATES, OF THE ONE PART, AND THE SWISS CONFEDERATION, OF THE OTHER, ON THE FREE MOVEMENT OF PERSONS
      of …
      replacing Annex II to that Agreement on the co-ordination of social security schemes
      THE JOINT COMMITTEE,
      Having regard to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (1) ("the Agreement"), and in particular Article 18 thereof,
      Whereas:

                  (1)

                  The Agreement was signed on 21 June 1999 and entered into force on 1 June 2002.

                  (2)

                  Annex II to the Agreement on the co-ordination of social security schemes was last amended by Decision No 1/2006 of 6 July 2006 (2) and should now be updated to take account of the new legal acts of the European Union that have entered into force since then, in particular Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) and the measures adopted to implement that regulation.

                  (3)

                  Regulation (EC) No 883/2004 has replaced Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (4).

                  (4)

                  In the interests of clarity and rationality, Annex II to the Agreement and the Protocol to that Annex should be consolidated in a legally binding version.

                  (5)

                  Annex II to the Agreement should be maintained in line with the evolution of the relevant legal acts of the European Union,

            HAS ADOPTED THIS DECISION:
      Article 1
      Annex II to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons ("the Agreement") is replaced by the Annex to this Decision.
      Article 2
      This Decision is established in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, the texts in each of these languages being equally authentic.
      Article 3
      The Decision shall enter into force on the day following the day of its adoption.

         Done at …, … .

               For the Joint Committee

               The Chairman

               The Secretaries

         (1)  OJ L 114, 30.4.2002, p. 6.

         (2)  OJ L 270, 29.9.2006, p. 67.

         (3)  OJ L 166, 30.4.2004, p. 1.

         (4)  OJ L 149, 5.7.1971, p. 2.

         ANNEX
         ‘
               ANNEX II

                  CO-ORDINATION OF SOCIAL SECURITY SCHEMES

               Article 1
               1.   The contracting parties agree, with regard to the co-ordination of social security schemes, to apply among themselves the legal acts of the European Union to which reference is made in, and as amended by, section A of this Annex, or rules equivalent to such acts.
               2.   The term "Member State(s)" contained in the legal acts referred to in section A of this Annex shall be understood to include Switzerland in addition to the States covered by the relevant legal acts of the European Union.
               Article 2
               1.   For the purposes of applying the provisions of this Annex, the contracting parties shall take into due account the legal acts of the European Union referred to in section B of this Annex.
               2.   For the purposes of applying the provisions of this Annex, the contracting parties shall take note of the legal acts of the European Union referred to in section C of this Annex.
               Article 3
               1.   Special provisions concerning the transitory arrangements relating to unemployment insurance for nationals of certain Member States of the European Union holding a Swiss residence permit valid for less than one year, concerning the Swiss allowances for helpless persons and concerning benefits under the occupational benefit plans regarding old-age, survivors’ and invalidity pensions are set out in the Protocol to this Annex.
               2.   The Protocol forms an integral part of this Annex.
               SECTION A:   LEGAL ACTS REFERRED TO

                           (1)

                           Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), as amended by Regulation (EC) No 988/2009 of the European Parliament and of the Council of 16 September 2009 amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its Annexes (2)

                              For the purposes of this Agreement, Regulation (EC) No 883/2004 shall be adapted as follows:

                                       (a)

                                       The following shall be added to Annex I, section I:
                                       "Switzerland

                                       Cantonal legislation concerning the advances of maintenance payments based on Articles 131 paragraph 2 and 293 paragraph 2 of the Federal Civil Act.";

                                       (b)

                                       The following shall be added to Annex I, section II:
                                       "Switzerland

                                       Birth grants and adoption grants pursuant to the relevant cantonal legislation based on Article 3 paragraph 2 of the Federal Family Allowances Act.";

                                       (c)

                                       The following shall be added to Annex II:
                                       "Germany-Switzerland

                                                   (a)

                                                   Convention on social security of 25 February 1964, as amended by Complementary Conventions No 1 of 9 September 1975 and No 2 of 2 March 1989:

                                                               (i)

                                                               point 9b, paragraph 1, Nos 1-4 of the Final Protocol (legislation applicable and entitlement to sickness benefits in kind for residents of the German exclave of Büsingen);

                                                               (ii)

                                                               point 9e, paragraph 1(b), first, second and fourth sentences, of the Final Protocol (access to voluntary sickness insurance in Germany by relocation in Germany).

                                                   (b)

                                                   Convention on unemployment insurance of 20 October 1982, as amended by the Additional Protocol of 22 December 1992:

                                                               (i)

                                                               Article 8(5), Germany (district of Büsingen) shall contribute a sum equivalent to the cantonal contribution under Swiss law towards the cost of actual places on employment-promotion measures for workers subject to this provision.

                                          Spain-Switzerland

                                       Point 17 of the Final Protocol to the Convention on social security of 13 October 1969, as amended by the Complementary Convention of 11 June 1982; persons insured under the Spanish scheme by virtue of this provision are exempted from the requirement to join the Swiss sickness insurance scheme.

                                          Italy-Switzerland

                                       Article 9(1) of the Convention on social security of 14 December 1962, as amended by Complementary Convention No 1 of 18 December 1963, the Complementary Agreement of 4 July 1969, the Additional Protocol of 25 February 1974 and Complementary Agreement No 2 of 2 April 1980.";

                                       (d)

                                       The following shall be added to Annex IV:
                                       "Switzerland";

                                       (e)

                                       The following shall be added to Annex VIII, part 1:
                                       "Switzerland

                                       All claims for old-age, survivors’ and invalidity pensions under the basic scheme (Federal Law on old-age and survivors’ insurance and Federal Law on invalidity insurance) and statutory old-age pensions under the statutory occupational benefit plans (Federal Law on occupational benefit plans for old-age, survivors’ and invalidity insurance).";

                                       (f)

                                       The following shall be added to Annex VIII, part 2:
                                       "Switzerland

                                       Old-age, survivors’ and invalidity pensions under the statutory occupational benefit plans (Federal Law on occupational benefit plans for old-age, survivors’ and invalidity insurance).";

                                       (g)

                                       The following shall be added to Annex IX, part II:
                                       "Switzerland

                                       Survivors’ and invalidity pensions under the statutory occupational benefit plans (Federal Law on occupational benefit plans for old-age, survivors’ and invalidity insurance).";

                                       (h)

                                       The following shall be added to Annex X:
                                       "Switzerland

                                                   1.

                                                   Supplementary benefits (Federal Supplementary Benefits Act of 19 March 1965) and similar benefits provided for under cantonal legislation.

                                                   2.

                                                   Pensions in the case of hardship under invalidity insurance (Article 28 subparagraph 1a of the Federal Invalidity Insurance Act of 19 June 1959, as amended on 7 October 1994).

                                                   3.

                                                   Non-contributory mixed benefits in the event of unemployment, as provided for under cantonal legislation.

                                                   4.

                                                   Non-contributory extraordinary invalidity pensions for disabled persons (Article 39 of the Federal Invalidity Insurance Act of 19 June 1959) who have not been subject, before their incapacity for work, to the Swiss legislation on the basis of an activity as an employed or self-employed person.";

                                       (i)

                                       The following shall be added to Annex XI:
                                       "Switzerland

                                                   1.

                                                   Article 2 of the Federal Old-Age and Survivors’ Insurance Act and Article 1 of the Federal Invalidity Insurance Act, which govern voluntary insurance in these insurance branches for Swiss nationals resident in States not subject to this Agreement, shall be applicable to persons resident outside Switzerland who are nationals of the other States to which this Agreement applies, and to refugees and stateless persons resident in the territory of these States, where these persons join the voluntary insurance scheme not later than one year after the date on which they ceased to be covered by old-age, survivors’ and invalidity insurance after a continuous period of insurance of at least five years.

                                                   2.

                                                   Where a person ceases to be insured under Swiss old-age, survivors’ and invalidity insurance after a continuous period of insurance of at least five years, he shall continue to be entitled to be insured with the agreement of the employer if he works in a State to which this Agreement does not apply for an employer in Switzerland and if he submits an application to this effect within six months of the date on which he ceases to be insured.

                                                   3.

                                                   Compulsory insurance under Swiss sickness insurance and possible exemptions

                                                               (a)

                                                               The Swiss legal provisions governing compulsory sickness insurance shall apply to the following persons not resident in Switzerland:

                                                                           (i)

                                                                           persons subject to Swiss legal provisions under Title II of the Regulation;

                                                                           (ii)

                                                                           persons for whom Switzerland shall bear the costs of benefits according to Articles 24, 25, 26 of the Regulation;

                                                                           (iii)

                                                                           persons receiving Swiss unemployment insurance benefits;

                                                                           (iv)

                                                                           family members of persons referred to in (i) and (iii) or of an employed or self-employed person resident in Switzerland who is insured under the Swiss sickness insurance scheme, unless these family members are resident in one of the following States: Denmark, Spain, Hungary, Portugal, Sweden or the United Kingdom;

                                                                           (v)

                                                                           family members of persons referred to in (ii) or of a pensioner resident in Switzerland who is insured under the Swiss sickness insurance scheme, unless these family members are resident in one of the following States: Denmark, Portugal, Sweden or the United Kingdom.

                                                                     As family members are considered those persons who are defined as family members according to the legislation of the state of residence.

                                                               (b)

                                                               Persons referred to in (a) may, on request, be exempted from compulsory insurance if and as long as they are resident in one of the following States and can prove that they are eligible for cover in the event of sickness: Germany, France, Italy, Austria, and, with regard to persons referred to in (a) (iv) and (v), Finland and, with regard to persons referred to in (a)(ii), Portugal.
                                                               This request

                                                                           (aa)

                                                                           must be submitted within three months of the date on which the obligation to take out insurance in Switzerland comes into effect; where, in justified cases, the request is submitted after this deadline, the exemption shall take effect as from the commencement of the insurance obligation;

                                                                           (bb)

                                                                           shall apply to all family members residing in the same State.

                                                   4.

                                                   Where a person subject to Swiss legal provisions under Title II of the Regulation is, in application of 3(b), subject for the purposes of sickness insurance to the legal provisions of another State covered by this Agreement, the costs of these benefits in kind for non-occupational accidents shall be shared equally between the Swiss insurer against occupational and non-occupational accidents and industrial diseases and the competent sickness insurance institution if an entitlement exists to benefits in kind from both bodies. The Swiss insurer against occupational and non-occupational accidents and industrial diseases shall meet all costs in the event of occupational accidents, accidents on the way to work or industrial diseases, even where there is an entitlement to benefits from a sickness insurance body in the country of residence.

                                                   5.

                                                   Persons who are working, but not residing in Switzerland and who have statutory insurance cover in their State of residence in accordance with point 3(b), as well as their family members, shall benefit from the provisions of Article 19 of the Regulation during a stay in Switzerland.

                                                   6.

                                                   For the purposes of applying Articles 18, 19, 20, 27 of the Regulation in Switzerland, the competent insurer shall bear all invoiced costs.

                                                   7.

                                                   Periods of daily allowance insurance completed under the insurance scheme of another State to which this Agreement applies shall be taken into account for reducing or lifting a possible reserve in daily allowance insurance in the event of maternity or sickness where the person becomes insured with a Swiss insurer within three months of ceasing to be covered by insurance in another country.

                                                   8.

                                                   Where a person who was gainfully employed or self-employed in Switzerland and covering his vital needs has had to cease his activity owing to an accident or illness and is no longer subject to Swiss legislation on invalidity insurance, he shall be considered to be covered by that insurance for the purpose of eligibility for rehabilitation measures until the payment of an invalidity pension and throughout the period during which he benefits from these measures, provided that he has not taken up a new activity outside Switzerland.".

                           (2)

                           Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (3)

                              For the purposes of this Agreement, Regulation (EC) No 987/2009 shall be adapted as follows:

                           The following shall be added to Annex 1:
                           "Arrangement between Switzerland and France of 26 October 2004 fixing the special procedures for the reimbursement of health care benefits
                           Arrangement between Switzerland and Italy of 20 December 2005 fixing the special procedures for the reimbursement of health care benefits".

                           (3)

                           Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community (4), as last amended by Regulation (EC) No 592/2008 of the European Parliament and of the Council of 17 June 2008 (5), as applicable between Switzerland and the Member States before the entry into force of this Decision, and when referred to in Regulations (EC) No 883/2004 or No 987/2009 or when cases are concerned which occurred in the past.

                           (4)

                           Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community (6), as last amended by Commission Regulation (EC) No 120/2009 of 9 February 2009 (7), as applicable between Switzerland and the Member States before the entry into force of this Decision, and when referred to in Regulations (EC) No 883/2004 or No 987/2009 or when cases are concerned which occurred in the past.

                           (5)

                           Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community (8).

                     SECTION B:   LEGAL ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE DUE ACCOUNT

                           (1)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No A1 of 12 June 2009 concerning the establishment of a dialogue and conciliation procedure concerning the validity of documents, the determination of the applicable legislation and the provision of benefits under Regulation (EC) No 883/2004 of the European Parliament and of the Council (9).

                           (2)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No A2 of 12 June 2009 concerning the interpretation of Article 12 of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the legislation applicable to posted workers and self-employed workers temporarily working outside the competent State (10).

                           (3)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No A3 of 17 December 2009 concerning the aggregation of uninterrupted posting periods completed under the Council Regulation (EEC) No 1408/71 and Regulation (EC) No 883/2004 of the European Parliament and of the Council (11).

                           (4)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No E1 of 12 June 2009 concerning the practical arrangements for the transitional period for the data exchange via electronic means referred to in Article 4 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (12).

                           (5)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No F1 of 12 June 2009 concerning the interpretation of Article 68 of Regulation (EC) No 883/2004 of the European Parliament and of the Council relating to priority rules in the event of overlapping of family benefits (13).

                           (6)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No H1 of 12 June 2009 concerning the framework for the transition from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 to Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council and the application of Decisions and Recommendations of the Administrative Commission for the coordination of social security systems (14).

                           (7)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No H2 of 12 June 2009 concerning the methods of operation and the composition of the Technical Commission for data processing of the Administrative Commission for the coordination of social security systems (15).

                           (8)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No H 3 of 15 October 2009 concerning the date to be taken into consideration for determining the rates of conversion referred to in Article 90 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (16).

                           (9)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No H 4 of 22 December 2009 concerning the composition and working methods of the Audit Board of the Administrative Commission for the Coordination of Social Security Systems (17).

                           (10)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No H 5 of 18 March 2010 concerning cooperation on combating fraud and error within the framework of Council Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council on the coordination of social security systems (18).

                           (11)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No P1 of 12 June 2009 on the interpretation of Articles 50(4), 58 and 87(5) of Regulation (EC) No 883/2004 of the European Parliament and of the Council for the award of invalidity, old-Age and survivors’ benefits (19).

                           (12)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No S1 of 12 June 2009 concerning the European Health Insurance Card (20).

                           (13)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No S2 of 12 June 2009 concerning the technical specifications of the European Health Insurance Card (21).

                           (14)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No S3 of 12 June 2009 defining the benefits covered by Articles 19(1) and 27(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council and Article 25(A) (3) of Regulation (EC) No 987/2009 of the European Parliament and of the Council (22).

                           (15)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No S4 of 2 October 2009 concerning refund procedures for the implementation of Articles 35 and 41 of Regulation (EC) No 883/2004 of the European Parliament and of the Council (23).

                           (16)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No S5 of 2 October 2009 on interpretation of the concept of ‘benefits in kind’ as defined in Article 1 (va) of Regulation (EC) No 883/2004 of the European Parliament and of the Council in the event of sickness or maternity pursuant to Articles 17, 19, 20, 22, 24 (1), 25, 26, 27 (1, 3, 4 and 5), 28, 34 and 36 (1 and 2) of Regulation (EC) No 883/2004 and on calculation of the amounts to be refunded under Articles 62, 63 and 64 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (24).

                           (17)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No S6 of 22 December 2009 concerning the registration in the Member State of residence under Article 24 of Regulation (EC) No 987/2009 and the compilation of the inventories provided for in Article 64 (4) of Regulation (EC) No 987/2009 (25).

                           (18)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No S7 of 22 December 2009 concerning the transition from Regulations (EEC) Nos 1408/71 and 574/72 to Regulations (EC) Nos 883/2004 and 987/2009 and the application of reimbursement procedures (26).

                           (19)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No U1 of 12 June 2009 concerning Article 54(3) of Regulation (EC) No 987/2009 of the European Parliament and of the Council relating to increases in unemployment benefit for dependent members of the family (27).

                           (20)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No U2 of 12 June 2009 concerning the scope of Article 65(2) of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the right to unemployment benefits of wholly unemployed persons other than frontier workers who were resident in the territory of a Member State other than the competent Member State during their last period of employment or self-employment (28).

                           (21)

                           Decision of the Administrative Commission for the Coordination of Social Security Systems No U3 of 12 June 2009 concerning the scope of the concept of ‘partial unemployment’ applicable to the unemployed persons referred to in Article 65(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council (29).

                     SECTION C:   LEGAL ACTS OF WHICH THE CONTRACTING PARTIES SHALL TAKE NOTE

                           (1)

                           Recommendation of the Administrative Commission for the Coordination of Social Security Systems No U1 of 12 June 2009 concerning the legislation applicable to unemployed persons engaging in part-time professional or trade activity in a Member State other than the State of residence (30).

                           (2)

                           Recommendation of the Administrative Commission for the Coordination of Social Security Systems No U2 of 12 June 2009 concerning the application of Article 64(1)(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council to unemployed persons accompanying their spouses or partners pursuing a professional or trade activity in a Member State other than the competent State (31).

               PROTOCOL
               to Annex II to the Agreement
               I.   Unemployment insurance

               The following arrangements shall apply to workers who are nationals of the Czech Republic, the Republic of Estonia, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Poland, the Republic of Slovenia and the Slovak Republic until 30 April 2011 and to workers who are nationals of the Republic of Bulgaria and Romania until 31 May 2016.

                           1.

                           The following rules shall apply with respect to unemployment insurance for workers holding a residence permit with a period of validity of less than one year:

                                       1.1

                                       Only workers who have paid contributions in Switzerland for the minimum period required under the Federal Unemployment Insurance and Insolvency Allowances Act (loi fédérale sur l’assurance-chômage obligatoire et l’indemnité en cas d'insolvabilité - LACI) (32) and who also satisfy the other conditions of eligibility for unemployment benefit shall be entitled to such benefit provided by the unemployment insurance under the conditions laid down by law.

                                       1.2

                                       A portion of the contributions levied for workers whose period of contribution is too short to give entitlement to unemployment benefit in Switzerland under 1.1 shall be refunded to their States of origin in accordance with the provisions of 1.3. in order to contribute towards the cost of benefits provided to these workers in the event of full unemployment; these workers shall then have no entitlement to benefit in the event of their being fully unemployed in Switzerland. They shall, however, be entitled to allowances for bad weather and in the event of the employer becoming insolvent. Benefits in the event of full unemployment shall be paid by the State of origin, provided that the workers concerned make themselves available for work. Periods of insurance completed in Switzerland shall be taken into account in the same way as if they had been completed in the State of origin.

                                       1.3

                                       The portion of the contributions levied for workers referred to in 1.2 shall be refunded on an annual basis in accordance with the following provisions:

                                                   (a)

                                                   The total contributions of these workers shall be calculated, by country, on the basis of the annual number of workers employed and the average annual contributions paid for each worker (employer’s and employee’s contributions).

                                                   (b)

                                                   Of the amount calculated in this way, a portion thereof corresponding to the relative share represented by unemployment benefit as a percentage of all the allowances referred to in 1.2 shall be refunded to the workers’ States of origin, and a portion shall be retained by Switzerland as a reserve for subsequent benefits. (33)

                                                   (c)

                                                   Switzerland shall, on an annual basis, provide a statement showing the contributions refunded. If the States of origin so request, it shall indicate the bases for the calculation and the sums refunded. The States of origin shall each year notify Switzerland of the number of recipients of unemployment benefit as referred to in 1.2.

                           2.

                           If a Member State concerned by this arrangement encounters difficulties with the ending of the arrangements for refunding of contributions, or Switzerland encounters difficulties with the aggregation arrangements, the matter may be referred to the Joint Committee by any of the contracting parties.

                     II.   Allowances for helpless persons

               Allowances for helpless persons granted under the Swiss Federal Act of 19 June 1959 on invalidity insurance (LAI) and under the Federal Act of 20 December 1946 on old-age and survivors’ pensions (LAVS) as amended on 8 October 1999 shall be provided exclusively if the person concerned resides in Switzerland.
               III.   Occupational benefit plans concerning old-age, survivors’ and invalidity pensions

               Notwithstanding Article 10 (2) of Council Regulation (EEC) No 1408/71, the vested benefit provided for under the Federal Act on free movement among occupational benefit plans concerning old-age, survivors’ and invalidity pensions (Loi fédérale sur le libre passage dans la prévoyance professionnelle vieillesse, survivants et invalidité) of 17 December 1993 shall be paid out on request to an employed or self-employed person who intends to leave Switzerland for good and who, under Title II of the Regulation, will no longer be subject to Swiss law, provided that that person leaves Switzerland within five years of this Agreement entering into effect.
            ’

            (1)  OJ L 166, 30.4.2004, p. 1.

            (2)  OJ L 284, 30.10.2009, p. 43.

            (3)  OJ L 284, 30.10.2009, p. 1.

            (4)  OJ L 149, 5.7.1971, p. 2.

            (5)  OJ L 177, 4.7.2008, p. 1.

            (6)  OJ L 74, 27.3.1972, p. 1.

            (7)  OJ L 39, 10.2.2009, p. 29.

            (8)  OJ L 209, 25.7.1998, p. 46.

            (9)  OJ C 106, 24.4.2010, p. 1.

            (10)  OJ C 106, 24.4.2010, p. 5.

            (11)  OJ C 149, 8.6.2010, p. 3.

            (12)  OJ C 106, 24.4.2010, p. 9.

            (13)  OJ C 106, 24.4.2010, p. 11.

            (14)  OJ C 106, 24.4.2010, p. 13.

            (15)  OJ C 106, 24.4.2010, p. 17.

            (16)  OJ C 106, 24.4.2010, p. 56.

            (17)  OJ C 107, 27.4.2010, p. 3.

            (18)  OJ C 149, 8.6.2010, p. 5.

            (19)  OJ C 106, 24.4.2010, p. 21.

            (20)  OJ C 106, 24.4.2010, p. 23.

            (21)  OJ C 106, 24.4.2010, p. 26.

            (22)  OJ C 106, 24.4.2010, p. 40.

            (23)  OJ C 106, 24.4.2010, p. 52.

            (24)  OJ C 106, 24.4.2010, p. 54.

            (25)  OJ C 107, 27.4.2010, p. 6.

            (26)  OJ C 107, 27.4.2010, p. 8.

            (27)  OJ C 106, 24.4.2010, p. 42.

            (28)  OJ C 106, 24.4.2010, p. 43.

            (29)  OJ C 106, 24.4.2010, p. 45.

            (30)  OJ C 106, 24.4.2010, p. 49.

            (31)  OJ C 106, 24.4.2010, p. 51.

            (32)  Currently 12 months.

            (33)  Refunded contributions for workers who will exercise their right to unemployment benefit in Switzerland after having paid contributions for at least 12 months - over several periods of residence -within the space of two years.

      ANNEX II

         DECLARATION

         on the Declaration on Swiss attendance of committees

      The Administrative Commission on Social Security for Migrant Workers referred to in the second indent of the Declaration on Swiss attendance of committees (OJ L 114, 30.4.2002, p. 72) has been renamed as Administrative Commission for the Coordination of Social Security Systems by Article 71 of Regulation (EC) No 883/2004 of the European Parliament and of the Council.


title: Political and Security Committee Decision Atalanta/1/2009 of 17 March 2009 on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)

text:
               24.3.2009

               EN

               Official Journal of the European Union

               L 76/45

      POLITICAL AND SECURITY COMMITTEE DECISION Atalanta/1/2009
   of 17 March 2009
   on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)
   (2009/288/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third subparagraph of Article 25 thereof,
   Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (Atalanta), and in particular Article 6(1) thereof,
   Whereas:

               (1)

               Pursuant to Article 6(1) of Joint Action 2008/851/CFSP the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander.

               (2)

               On 18 November 2008, the PSC adopted Decision Atalanta/1/2008 (2) appointing Commodore Antonios PAPAIOANNOU as EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.

               (3)

               The EU Operation Commander has recommended the appointment of Captain (Navy) Juan GARAT CARAMÉ as the new EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.

               (4)

               The EU Military Committee has supported that recommendation.

               (5)

               In accordance with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and the implementation of decisions and actions of the European Union which have defence implications,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Captain (Navy) Juan GARAT CARAMÉ is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.
   Article 2
   This Decision shall take effect on 7 April 2009.

      Done at Brussels, 17 March 2009.

            For the Political and Security Committee

            The Chairman

         I. ŠRÁMEK

      (1)  OJ L 301, 12.11.2008, p. 33.

      (2)  OJ L 317, 27.11.2008, p. 24.


title: 2006/942/EC: Council Decision of 18 July 2006 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Barbados, Belize, the Republic of Congo, the Republic of Fiji, the Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Mozambique, the Republic of Suriname, Saint Kitts and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe on the guaranteed prices for cane sugar for the 2005/2006 delivery period and of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of India on the guaranteed prices for cane sugar for the 2005/2006 delivery period

text:
               16.12.2006

               EN

               Official Journal of the European Union

               L 358/51

         COUNCIL DECISION
   of 18 July 2006
   on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Barbados, Belize, the Republic of Congo, the Republic of Fiji, the Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Mozambique, the Republic of Suriname, Saint Kitts and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe on the guaranteed prices for cane sugar for the 2005/2006 delivery period and of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of India on the guaranteed prices for cane sugar for the 2005/2006 delivery period
   (2006/942/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Implementation of Protocol 3 on ACP Sugar attached to Annex V to the ACP-EC Partnership Agreement (1) and of the Agreement between the European Economic Community and the Republic of India on cane sugar (2) is carried out, in accordance with Article 1(2) of each, within the framework of the management of the common organisation of the sugar market.

               (2)

               It is appropriate to approve the Agreements in the form of an Exchange of Letters between the Community and, of the one part, the States referred to in the Protocol and, of the other part, the Republic of India on the guaranteed prices for cane sugar for the 2005/2006 delivery period,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and Barbados, Belize, the Republic of Congo, the Republic of Fiji, the Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Mozambique, the Republic of Suriname, Saint Kitts and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe on the guaranteed prices for cane sugar for the 2005/2006 delivery period and the Agreement in the form of an Exchange of Letters between the European Community and the Republic of India on the guaranteed prices for cane sugar for the 2005/2006 delivery period are hereby approved on behalf of the Community.
   The texts of the Agreements are set out in Annex I and Annex II to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreements referred to in Article 1 in order to bind the Community.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 18 July 2006.

            For the Council

            The President

         J. KORKEAOJA

      (1)  OJ L 317, 15.12.2000, p. 3. Agreement as last amended by the Agreement signed in Luxembourg on 25 June 2005 (OJ L 209, 11.8.2005, p. 27).

      (2)  OJ L 190, 23.7.1975, p. 35.
   ANNEX I

      AGREEMENT
      in the form of an Exchange of Letters between the European Community and Barbados, Belize, the Republic of Congo, the Republic of Fiji, the Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Mozambique, the Republic of Suriname, Saint Kitts and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe on the guaranteed prices for cane sugar for the 2005/2006 delivery period
      Brussels, 21 November 2006
      Sir,
      The representatives of the ACP States referred to in Protocol 3 on ACP sugar attached to Annex V to the ACP-EC Partnership Agreement and of the Commission, acting on behalf of the European Community, have agreed, pursuant to the provisions of the said Protocol, on the following:
      For the delivery period 1 July 2005 to 30 June 2006, the guaranteed prices referred to in Article 5(4) of the Protocol shall, for the purpose of intervention within the terms of Article 6 of the Protocol, be:

                  (a)

                  for raw sugar: EUR 52,37 per 100 kilograms;

                  (b)

                  for white sugar: EUR 64,65 per 100 kilograms.

            These prices shall refer to sugar of standard quality as defined in Community legislation, unpacked, cif, free out of European ports of the Community. The introduction of these prices in no way prejudices the respective positions of the Contracting Parties in respect of the principles appertaining to the determination of the guaranteed prices.
      I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between the Governments of the abovementioned ACP States and the Community.
      Please accept, Sir, the assurance of my highest consideration.

            On behalf of the Council of the European Union

         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapens vägnar

      Brussels, 21 November 2006
      Sir,
      I have the honour to acknowledge receipt of your letter of today which reads as follows:
      ‘The representatives of the ACP States referred to in Protocol 3 on ACP sugar attached to Annex V to the ACP-EC Partnership Agreement and of the Commission, acting on behalf of the European Community, have agreed, pursuant to the provisions of the said Protocol, on the following:
      For the delivery period 1 July 2005 to 30 June 2006, the guaranteed prices referred to in Article 5(4) of the Protocol shall, for the purpose of intervention within the terms of Article 6 of the Protocol, be:

                  (a)

                  for raw sugar: EUR 52,37 per 100 kilograms;

                  (b)

                  for white sugar: EUR 64,65 per 100 kilograms.

            These prices shall refer to sugar of standard quality as defined in Community legislation, unpacked, cif, free out of European ports of the Community. The introduction of these prices in no way prejudices the respective positions of the Contracting Parties in respect of the principles appertaining to the determination of the guaranteed prices.
      I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between the Governments of the abovementioned ACP States and the Community.’
      I have the honour to confirm the agreement of the Governments of the ACP States referred to in this letter with the foregoing.
      Please accept, Sir, the assurance of my highest consideration.

            For the Governments of the ACP States referred to in Protocol 3

         For the Government of Barbados

         For the Government of Belize

         Pour le gouvernement de la République du Congo

         For the Government of the Sovereign Democratic Republic of Fiji

         For the Government of the Cooperative Republic of Guyana

         Pour le gouvernement de la République de Côte d’Ivoire

         For the Government of Jamaica

         For the Government of the Republic of Kenya

         Pour le gouvernement de la République de Madagascar

         For the Government of the Republic of Malawi

         Pour le gouvernement de la République de Maurice

         For the Government of the Republic of Mozambique

         For the Government of the Republic of Suriname

         For the Government of Saint Kitts and Nevis

         For the Government of the Kingdom of Swaziland

         For the Government of the United Republic of Tanzania

         For the Government of the Republic of Trinidad and Tobago

         For the Government of the Republic of Uganda

         For the Government of the Republic of Zambia

         For the Government of the Republic of Zimbabwe

   ANNEX II

      AGREEMENT
      in the form of an Exchange of Letters between the European Community and the Republic of India on the guaranteed prices for cane sugar for the 2005/2006 delivery period
      Brussels, 27 October 2006
      Sir,
      The Representatives of India and of the Commission, acting on behalf of the European Community, have agreed, within the framework of the negotiations provided for in Article 5(4) of the Agreement between the European Community and the Republic of India on cane sugar, on the following:
      For the delivery period 1 July 2005 to 30 June 2006, the guaranteed prices referred to in Article 5(4) of the Agreement shall, for the purpose of intervention within the terms of Article 6 of the Agreement, be:

                  (a)

                  for raw sugar: EUR 52,37 per 100 kilograms;

                  (b)

                  for white sugar: EUR 64,65 per 100 kilograms.

            These prices shall refer to sugar of standard quality as defined in Community legislation, unpacked, cif, free out of European ports of the Community. The introduction of these prices in no way prejudices the respective positions of the Contracting Parties in respect of the principles appertaining to the determination of the guaranteed prices.
      I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between your Government and the Community.
      Please accept, Sir, the assurance of my highest consideration.

            On behalf of the Council of the European Union

         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         On behalf of the European Community
         Au nom de la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar

      Brussels, 27 October 2006
      Sir,
      I have the honour to acknowledge receipt of your letter of today which reads as follows:
      ‘The Representatives of India and of the Commission, acting on behalf of the European Community, have agreed, within the framework of the negotiations provided for in Article 5(4) of the Agreement between the European Community and the Republic of India on cane sugar, on the following:
      For the delivery period 1 July 2005 to 30 June 2006, the guaranteed prices referred to in Article 5(4) of the Agreement shall, for the purpose of intervention within the terms of Article 6 of the Agreement, be:

                  (a)

                  for raw sugar: EUR 52,37 per 100 kilograms;

                  (b)

                  for white sugar: EUR 64,65 per 100 kilograms.

            These prices shall refer to sugar of standard quality as defined in Community legislation, unpacked, cif, free out of European ports of the Community. The introduction of these prices in no way prejudices the respective positions of the Contracting Parties in respect of the principles appertaining to the determination of the guaranteed prices.
      I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between your Government and the Community.’
      I have the honour to confirm the agreement of my Government with the foregoing.
      Please accept, Sir, the assurance of my highest consideration.

            For the Government of the Republic of India

         For the Government of the Republic of India
         Por el Gobierno de la República de la India
         Za vládu Indické republiky
         For regeringen for Republikken Indien
         Für die Regierung der Republik Indien
         India Vabariigi valitsuse nimel
         Για την κυβέρνηση της Δημοκρατίας της Ινδιάς
         Au nom du gouvernement de la République de l'Inde
         Per il governo della Repubblica dell'India
         Indijas Republikas valdības vārdā
         Indijos Respublikos Vyriausybės vardu
         Az Indiai Köztársaság kormánya részéről
         Għall-Gvern tar-Repubblika ta' l-Indja
         Voor de Regering van de Republiek India
         W imieniu Rządu Republiki Indii
         Pelo Governo da República da Índia
         Za vládu Indickej republiky
         Za Vlado Republike Indije
         Intian tasavallan hallituksen puolesta
         På Republiken Indiens regerings vägnar


Avis juridique important

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31989D0189

89/189/EEC: Council Decision of 20 February 1989 on the conclusion of an Agreement between the European Economic Community and Canada concerning trade and commerce in alcoholic beverages

Official Journal L 071 , 15/03/1989 P. 0041 - 0041 Finnish special edition: Chapter 11 Volume 15 P. 0003  Swedish special edition: Chapter 11 Volume 15 P. 0003

*****COUNCIL  DECISION  of 20 February 1989  on the conclusion of an Agreement between the European Economic Community and Canada concerning trade and commerce in alcoholic beverages  (89/189/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 on 17 December 1988 Canada and the Community, in the light of the findings and conclusions of the GATT Panel on Import, Distribution and Sale of Alcoholic Drinks by Canadian Provincial Marketing Agencies, reached a settlement, in the form of an Agreement;  Whereas the said Agreement should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement between the European Economic Community and Canada concerning trade and commerce in alcoholic beverages and the Exchanges of Letters attached thereto are hereby approved on behalf of the Community.  The text of the instruments referred to in the preceding subparagraph is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 20 February 1989.  For the Council  The President  F. FERNANDEZ ORDOÑEZ


title: 2004/642/EC, Euratom: Council Decision, taken by common accord with the nominee for President of the Commission, of 13 September 2004 adopting the list of other persons whom the Council intends to appoint as Members of the Commission of the European Communities

text:
               17.9.2004

               EN

               Official Journal of the European Union

               L 294/30

      COUNCIL DECISION,

      TAKEN BY COMMON ACCORD WITH THE NOMINEE FOR PRESIDENT OF THE COMMISSION,

   of 13 September 2004
   adopting the list of other persons whom the Council intends to appoint as Members of the Commission of the European Communities
   (2004/642/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 213(1) thereof, as amended with effect from 1 November 2004 by Article 45(2)(d) of the 2003 Act of Accession and by Article 4(1) of the Protocol on the enlargement of the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities, as well as the second subparagraph of Article 214(2) of the Treaty establishing the European Community,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 126(1) thereof, as amended with effect from 1 November 2004 by Article 45(2)(d) of the 2003 Act of Accession and by Article 4(1) of the Protocol on the enlargement of the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities, as well as the second subparagraph of Article 127(2) of the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               A new Commission, consisting of one national of each Member State, must be appointed for the period from 1 November 2004 to 31 October 2009.

               (2)

               On 29 June 2004 the Council, meeting in the composition of the Heads of State or Government, nominated Mr José Manuel DURÃO BARROSO as the person it intends to appoint as President of the Commission for the period from 1 November 2004 to 31 October 2009 (1).

               (3)

               The European Parliament approved that nomination by a resolution dated 22 July 2004.

               (4)

               The list of other persons whom the Council intends to appoint as Members of the Commission for a period of five years from 1 November 2004 to 31 October 2009 should be adopted by common accord with the nominee for President of the Commission.

               (5)

               The entry into force of the Treaty establishing a Constitution for Europe will entail the expiry of the term of the Member of the Commission who has the same nationality as the future European Union Minister for Foreign Affairs, who will be a Vice-President of the Commission,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby nominated by common accord with Mr José Manuel DURÃO BARROSO, nominee for President of the Commission, as the persons whom the Council intends to appoint as Members of the Commission of the European Communities for the period from 1 November 2004 to 31 October 2009:

               Mr Joaquín ALMUNIA AMANN

               Mr Jacques BARROT

               Mr Joe BORG

               Mr Rocco BUTTIGLIONE

               Mr Stavros DIMAS

               Ms Benita FERRERO-WALDNER

               Mr Ján FIGEĽ

               Ms Mariann FISCHER BOEL

               Ms Dalia GRYBAUSKAITĖ

               Ms Danuta HÜBNER

               Mr Siim KALLAS

               Mr László KOVÁCS

               Ms Neelie KROES

               Mr Markos KYPRIANOU

               Mr Peter MANDELSON

               Mr Charlie McCREEVY

               Mr Louis MICHEL

               Mr Janez POTOČNIK

               Ms Viviane REDING

               Mr Olli REHN

               Mr Vladimír ŠPIDLA

               Ms Ingrida UDRE

               Mr Günter VERHEUGEN

               Ms Margot WALLSTRÖM.

         Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 13 September 2004.

            For the Council

            The President

         B. R. BOT

      (1)  OJ L 236, 7.7.2004, p. 15.


title: 2008/193/EC: Council Decision of 18 February 2008 on the conclusion of the Agreement between the European Community and the Republic of Croatia on certain aspects of air services

text:
               5.3.2008

               EN

               Official Journal of the European Union

               L 60/27

      COUNCIL DECISION

   of 18 February 2008
   on the conclusion of the Agreement between the European Community and the Republic of Croatia on certain aspects of air services
   (2008/193/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with the first sentence of the first subparagraph of Article 300(2), and the first subparagraph of Article 300(3),
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               By a decision of 5 June 2003 the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               On behalf of the Community the Commission has negotiated an agreement with the Republic of Croatia on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the decision of 5 June 2003.

               (3)

               This Agreement was signed on behalf of the Community subject to its possible conclusion at a later date, in accordance with Council Decision 2006/370/EC (2).

               (4)

               This Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The agreement between the European Community and the Republic of Croatia on certain aspects of air services is approved on behalf of the Community.
   Article 2
   The President of the Council is authorised to designate the person empowered to make the notification provided in Article 8(1) of the Agreement.

      Done at Brussels, 18 February 2008.

            For the Council

            The President

         D. RUPEL

      (1)  Opinion of 27 September 2005 (not yet published in the Official Journal).

      (2)  OJ L 136, 24.5.2006, p. 31.


title: 2005/110/EC: Council Decision of 31 January 2005 appointing a Danish member of the Committee of the Regions

text:
               9.2.2005

               EN

               Official Journal of the European Union

               L 36/3

      COUNCIL DECISION

   of 31 January 2005
   appointing a Danish member of the Committee of the Regions
   (2005/110/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 Danish Government,
   Whereas:

               (1)

               On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions (1).

               (2)

               A seat as a member of the Committee of the Regions has fallen vacant following the resignation of Mr Jens KRAMER MIKKELSEN, of which the Council was notified on 2 December 2004,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Mr Lars ENGBERG, Overborgmester i Københavns Kommune, is hereby appointed a member of the Committee of the Regions in place of Mr Jens KRAMER MIKKELSEN for the remainder of his term of office, ending on 25 January 2006.

      Done at Brussels, 31 January 2005.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 24, 26.1.2002, p. 38.


Avis juridique important

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31984D0187

84/187/EEC: Commission Decision of 28 March 1984 accepting an undertaking in connection with the anti-dumping proceeding concerning imports of pentaerythritol originating in Spain, and terminating that proceeding

Official Journal L 088 , 31/03/1984 P. 0074 - 0076

*****COMMISSION  DECISION  of 28 March 1984  accepting an undertaking in connection with the anti-dumping proceeding concerning imports of pentaerythritol originating in Spain, and terminating that proceeding  (84/187/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No 1580/82 (2), and in particular Article 10 thereof,  After consultation within the Advisory Committee as provided for by that Regulation,  Whereas:  A. Procedure  (1) In July 1983, the Commission received a complaint lodged by the European Council of Chemical Manufacturers' Federation (CEFIC) on behalf of producers representing all Community production of pentaerythritol.  The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify initiating a proceeding. The Commission accordingly announced, by a notice in the Official Journal of the European Communities (3), the initiation of an anti-dumping proceeding concerning imports into the Community of pentaerythritol falling within subheading ex 29.04 C I of the Common Customs Tariff (NIMEXE code 29.04-66), originating in Spain, and commenced an investigation.  (2) The Commission officially so advised the exporter and importers known to be concerned, the representatives of the exporting country and the complainants, and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  (3) The exporter and the main importer of the product concerned made their views known in writing. The latter also requested and was granted a hearing.  (4) The Commission sought and verified all information it deemed necessary for a preliminary determination and carried out investigations at the premises of the following companies:  - Degussa AG, Frankfurt, Federal Republic of Germany,  - Resem (Montedison Group), Castellanza, Italy,  - Polialco SA, Barcelona, Spain,  (5) The investigation of dumping covered the period 1 September 1982 to 31 August 1983.  B. Normal value  (6) The preliminary investigation to determine the existence of dumping in respect of imports of the product concerned originating in Spain showed that the prices of the like products marketed by the exporter on the Spanish domestic market had, over an extended period of time and in respect of substantial quantities, been lower than all costs in the ordinary course of trade, both fixed and variable, of material and manufacture, plus a reasonable amount for selling, administrative and other general expenses as well as a reasonable margin of profit. The normal value was, therefore, determined by adjusting production costs of the product concerned in order to allow a reasonable profit.  C. Export prices  (7) Export prices were determined on the basis of the prices actually paid or payable for the product originating in Spain and sold for export to the Community.  D. Comparison  (8) In comparing normal value with export prices the Commission took account, where appropriate, of differences affecting price comparability resulting from differences in conditions and terms of sale.  (9) The exporter claimed that an adjustment should be made for the amount of the import duties on imported raw material used for the production of the product concerned and for which he claimed to be exempted when the product concerned was exported. Furthermore, the exporter claimed that an adjustment should be made for the amount of the export tax rebate ('desgravación fiscal') refunded to him by the Spanish authorities when the product concerned was exported. This amount was said to be 10,5 % of the fob value of the product concerned plus the general customs tariff of 13 % applicable on imports of the product concerned into Spain. It was considered that the exporter submitted sufficient evidence concerning both claims and the requests were, therefore, granted in conformity with Article 2 (11) of Regulation (EEC) No 3017/79.  (10) All comparisons were made at ex-works level.  E. Margin  (11) The above preliminary determination of the facts shows the existence of dumping in respect of the Spanish exporter, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community. The weighted average margin amounts to 6,2 %.  F. Injury  (12) With regard to the injury caused by the dumped imports the evidence available to the Commission shows that imports into the Community from Spain of pentaerythritol increased from 816 tonnes in 1981, when Polialco started exporting the products concerned, to 2 224 tonnes in 1982, which represents an increase of 173 %. During the first six months of 1983 exports to the Community amounted to 1 006 tonnes, which on an annual basis would be 2 012 tonnes. Although this figure is lower than in 1982, it still represents a significant increase compared with the volume exported to the Community in 1981. The market share held by the product concerned originating in Spain increased from 1,7 % in 1981 to 5,1 % in 1982, and amounts to 4,7 % during the period covering the first six months of 1983.  (13) The resale prices of these imports undercut the prices of the Community producers during the investigation period by up to 6 %.  (14) The consequent impact on the Community producers concerned has been a significant reduction of their sales in the Community. Between 1981 and 1982 their sales dropped from 32 852 tonnes to 29 881 tonnes, which means a reduction of 9 %. During the first six months of 1983, sales by Community producers amounted to 14 016 tonnes, which on an annual basis would represent a decrease of 6 % between 1982 and 1983. Furthermore, the market share held by the Community producers concerned dropped from 70,3 to 68,9 % between 1981 and 1982 and amounted to 66,1 % during the first six months of 1983. With regard to the injury by the Community industry, account should be taken of the fact that one of the main producers of pentaerythritol in the Community had to stop manufacturing the product concerned in the beginning of 1983.  (15) With regard to the prices charged by the Community producers concerned to their customers, a significant price depression occurred in the period 1982/83 on their main markets.  (16) During the same period and particularly during the first six months of 1983, the profits of the Community producers dropped significantly and even turned into losses. (17) The Commission has considered whether injury has been caused by other factors such as decline of the consumption in the Community and it has been established that this decline has affected the Community producers more than it has affected the dumped imports. Furthermore, the substantial increase in dumped imports and the prices at which they are offered for sale in the Community led the Commission to determine that the effects of the dumped imports of pentaerythritol originating in Spain taken in isolation have to be considered as constituting material injury to the Community industry concerned.  G. Community interest  (18) In view of the particularly serious difficulties facing the Community industry, the Commission has come to the conclusion that it is in the Community's interests that action be taken.  H. Undertaking  (19) The exporter concerned was informed of the main findings of the preliminary investigation and commented on them. An undertaking was subsequently offered by Polialco concerning their exports of pentaerythritol to the Community.  (20) The effect of the said undertaking will be to increase the export prices to the extent that the dumping margin will be eliminated. The increase does not exceed the dumping margin found in the investigation.  (21) In these circumstances the undertaking offered is considered acceptable and the proceeding may, therefore, be terminated without imposition of an anti-dumping duty.  (22) No objections to this course were raised in the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Article 1  The Commission hereby accepts the undertaking given by Polialco (Barcelona) in connection with the anti-dumping proceeding concerning imports of pentaerythritol originating in Spain and falling within Common Customs Tariff subheading ex 29.04 C I, corresponding to NIMEXE code 29.04-66.  Article 2  The anti-dumping proceeding concerning imports of pentaerythritol originating in Spain is hereby terminated.  Done at Brussels, 28 March 1984.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 22. 6. 1982, p. 9.  (3) OJ No C 244, 13. 9. 1983, p. 2.


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31981D0145

81/145/EEC: Council Decision of 17 February 1981 replacing a member on the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions

Official Journal L 072 , 18/03/1981 P. 0008 - 0008

****( 1 ) OJ NO L 139 , 30 . 5 . 1975 , P . 1 .        COUNCIL DECISION   OF 17 FEBRUARY 1981   REPLACING A MEMBER ON THE ADMINISTRATIVE BOARD OF THE EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS  ( 81/145/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1365/75 OF 26 MAY 1975 ON THE CREATION OF A EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS ( 1 ), AND IN PARTICULAR ARTICLE 6 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 14 MARCH 1980 APPOINTING , FOR THE PERIOD ENDING ON 16 MARCH 1983 , THE MEMBERS OF THE ADMINISTRATIVE BOARD OF THE EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS ,   WHEREAS THE COUNCIL WAS INFORMED ON 23 JANUARY 1981 THAT A MEMBER ' S SEAT ON THE ADMINISTRATIVE BOARD OF THE ABOVEMENTIONED FOUNDATION IN THE GOVERNMENT REPRESENTATIVES CATEGORY HAD BECOME VACANT AS A RESULT OF THE RESIGNATION OF PROFESSOR FITTING ;   HAVING REGARD TO THE NOMINATION ON 23 JANUARY 1981 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR ARMIN SCHULTE IS HEREBY APPOINTED A MEMBER OF THE ADMINISTRATIVE BOARD OF THE EUROPEAN FOUNDATION FOR IMPROVEMENT OF LIVING AND WORKING CONDITIONS IN PLACE OF PROFESSOR FITTING FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 16 MARCH 1983 .   DONE AT BRUSSELS , 17 FEBRUARY 1981 .   FOR THE COUNCIL   THE PRESIDENT   D . F . VAN DER MEI


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31998D0261

98/261/EC: Council Decision of 30 March 1998 on the principles, priorities, intermediate objectives and conditions contained in the accession partnership with Romania

Official Journal L 121 , 23/04/1998 P. 0011 - 0015

COUNCIL DECISION of 30 March 1998 on the principles, priorities, intermediate objectives and conditions contained in the accession partnership with Romania (98/261/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant countries in the framework of the pre-accession strategy, and in particular on the establishment of accession partnerships (1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas the Luxembourg European Council stated that the accession partnership is a new instrument, the key feature of the enhanced pre-accession strategy;Whereas Regulation (EC) No 622/98 sets out that the Council shall decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual accession partnerships, as they are submitted to each applicant country, as well as on subsequent significant adjustments applicable to them;Whereas Community assistance is conditional on the fulfilment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfilment of the Copenhagen criteria; whereas, where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance;Whereas the Luxembourg European Council decided that the implementation of the accession partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies;Whereas the Commission's opinion presented an objective analysis on Romania's preparations for membership and identified a number of priority areas for further work;Whereas, in order to prepare for membership, Romania should draw up a national programme for the adoption of the acquis; whereas this programme should set out a timetable for achieving the priorities and intermediate objectives established in the accession partnership,HAS DECIDED AS FOLLOWS:Article 1 In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions contained in the accession partnership for Romania are set out in the Annex hereto, which forms an integral part of this Decision.Article 2 The implementation of the accession partnership will be examined in the Europe Agreement bodies and through the appropriate Council bodies to which the Commission will report regularly.Article 3 This Decision shall enter into force on the third day following its publication in the Official Journal of the European Communities.Done at Brussels, 30 March 1998.For the CouncilThe PresidentM. BECKETT(1) OJ L 85, 20.3.1998, p. 1.ANNEX ROMANIA 1. Objectives The purpose of the accession partnership is to set out in a single framework the priority areas for further work identified in the Commission's opinion on Romania's application for membership of the European Union, the financial means available to help Romania implement these priorities and the conditions which will apply to that assistance. The accession partnership will provide a framework for a number of policy instruments which will be used to help the candidate countries in their preparations for membership. These will include inter alia the national programme for the adoption of the acquis to be adopted by Romania, the joint assessment of economic policy priorities, the pact against organised crime and the internal market road maps. Each of these instruments is different in nature and will be prepared and implemented according to specific procedures. They will not be an integral part of this partnership but the priorities they contain will be compatible with it.2. Principles The main priority areas identified for each candidate country relate to their ability to assume the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate country has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid, the European Council stressed the need for the candidate countries to adjust their administrative structures to ensure the harmonious operation of Community policies after accession and at Luxembourg, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied.3. Priorities and Intermediate Objectives The Commission's opinions and the Council's examination of these have highlighted the extent of the efforts which still have to be made in certain areas by the candidate countries to prepare for accession and took the view that none of these countries fully satisfies all of the Copenhagen criteria at the present time. This situation will require the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the countries concerned, the achievement of which will condition the degree of assistance granted and the progress of the negotiations under way with some countries and the opening of new negotiations with the others. The priorities and intermediate objectives have been divided into two groups - short and medium term. Those listed under the short-term have been selected on the basis that it is realistic to expect that Romania can complete or take them substantially forward by the end of 1998. In view of the short time span, and taking into account the administrative capacity required to achieve them, the number of priorities selected for the short term has been limited. The priorities listed under the medium term are expected to take more than one year to complete although work may and should also begin on them during 1998.Romania will be invited to draw up a national programme for the adoption of the acquis (NPAA) by the end of March which should set out a timetable for achieving these priorities and intermediate objectives and, where possible and relevant, indicate the necessary staff and financial resources.The accession partnership will indicate that Romania will have to address all issues identified in the opinion. Incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's opinion and the Council's examination of this, the following short- and medium-term priorities and intermediate objectives have been identified for Romania.3.1. Short-term (1998) Economic reform: establishment of medium-term economic policy priorities and joint assessment within the framework of the Europe Agreement; make satisfactory progress on the government's economic reform programme, including the privatisation of two banks, the transformation into commercial companies of most régies autonomes, the efficient and transparent implementation of the foreign investment regime, and restructuring/privatisation of a number of large State-owned industrial (e.g. coal and steel) and agricultural companies (notably by reducing their losses and financial arrears); continue the implementation of the agreements with the international financial institutions.Reinforcement of institutional and administrative capacity: adoption of draft law on the civil service and progress in public administration reform, phytosanitary and veterinary controls, particularly as regards facilities at the external borders, the financial sector (strengthening of supervisory bodies of banking, financial services and capital markets), customs; strengthening of financial control and auditing mechanisms and competition, anti-trust and State aid monitoring bodies and environment, begin to set up structures needed for regional and structural policy.Internal market: including the restructuring of the banking sector and the capital markets, the completion of company law reform, including measures for the promotion of enterprise development and small and medium-sized enterprises (SMEs), foreign direct investment, harmonisation and improved application of indirect taxation, harmonisation of public procurement, adoption of a law on State aid and a first State aid inventory. Establishment of standardisation and conformity assessment structures.Justice and home affairs: in particular further efforts to implement measures to combat corruption and organised crime and improve border management.Environment: continue transposition of framework legislation, establishment of detailed approximation programmes and implementation strategies related to individual acts. Planning and commencement of implementation of these programmes and strategies.3.2. Medium-term Political criteria: continuation of child protection reform, further efforts to integrate the Roma, consolidation of protection of individual liberties and improvement of the functioning of the courts.Economic reform: particular attention should be devoted to creating the basis for a sustained increase of productivity and to the further restructuring/privatisation of State-owned enterprises, including banks.Economic policy: regular review of the joint assessment of economic policy priorities, within the Europe Agreement framework, focusing and satisfying the Copenhagen criteria for membership of the Union and the acquis in the area of economic and monetary policy (coordination of economic policies, submission of convergence programmes, avoidance of excessive deficits); while Romania is not expected to adopt the euro immediately on accession, it is expected to pursue policies which aim to achieve real convergence in accordance with the Union's objectives of economic and social cohesion, and nominal convergence compatible with the ultimate goal of adoption of the euro.Reinforcement of institutional and administrative capacity: in particular of a comprehensive public administration reform programme; major efforts to improve public administration including competition, strengthening of internal financial control; improved operation of the judicial system; training for the judiciary in Community law and its application; reinforcement of justice and home affairs institutions (ensuring sufficient and properly trained personnel in particular police, border guards, ministries and courts), reform of customs and tax administrations to ensure readiness to apply the acquis, the reinforcement of food control administration, strengthening of the nuclear regulatory authority.Internal market: promotion of enterprise development, including SMEs, alignment with the acquis in the fields of telecommunications, consumer protection, the internal energy market and audiovisual policies, enforcement of intellectual property rights, insurance, competition policy, in particular effective enforcement of competition law, reinforcement of standardisation of conformity assessment structures, establishment of a market surveillance system and alignment of technical legislation on industrial products.Justice and home affairs: improvement of border management systems, capacity to handle asylum and migration questions, alignment of visa policy with that of the Union and completion of alignment on international conventions, fight against organised crime (in particular money laundering, drugs and trafficking in human beings) and corruption, notably in view of the Schengen aquis.Agriculture: including the establishment of a land register and functioning land market, alignment with the agricultural acquis (including veterinary and phytosanitary matters, in particular external border controls), attention to environmental aspects of agriculture and biodiversity. Development of the capacity to implement and enforce the common agricultural policy (CAP), in particular the fundamental management mechanisms and administrative structures to monitor the agricultural markets and implement structural and rural development measures, adoption and implementation of the veterinary and phytosanitary requirements, upgrading of certain food-processing establishments and testing and diagnostic facilities, restructuring of the agri-food sector.Fisheries: development of capacity to implement and enforce the common fisheries policy.Transport: further efforts on alignment with the acquis in particular on maritime, rail and road freight sectors (safety rules and taxation), and to provide necessary investment for transport infrastructure, notably extension of trans-European networks.Employment and social affairs: development of appropriate labour-market structures and joint review of employment policies as preparation for participation in Union coordination; alignment of labour and occupational health and safety legislation and development of enforcement structures, in particular early adoption of the framework directive on health and safety at work; enforcement of equal opportunities between women and men; further development of active, autonomous social dialogue; development of adequate social protection, undertake steps to bring public health standards into line with Union norms.Environment: including the development of monitoring and implementation control structures and capacities, continuous planning and implementation of approximation programmes related to individual legal acts. A particular emphasis should be given to the air and water sectors. Environmental protection requirements and the need for sustainable development must be integrated into the definition and implementation of national, sectoral policies.Regional policy and cohesion: complete establishment of legal basis, development of administrative structures and budgetary procedures. Strengthening financial instruments and control mechanisms in order to participate in Union structural programmes after membership.4. Programming The PHARE allocation for the period 1995 to 1997 has totalled ECU 284 million. Subject to the approval of the PHARE budget for the remaining period, the Commission will confirm the allocations for 1998 and 1999. In addition, Romania is eligible for support from the catch-up facility envisaged for 1998. Financial proposals will be submitted to the PHARE Management Committee as provided for in Regulation (EEC) No 3906/89. Joint financing by the applicant countries will be systematically required for all investment projects. Financial assistance from the year 2000 onwards will comprise aid for agriculture and a structural instrument which will give priority to measures similar to the Cohesion Fund.5. Conditionality Community assistance will be conditional on respect by Romania of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and progress in implementing this accession partnership. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.6. Monitoring The implementation of the accession partnership will be monitored in the framework of the Europe Agreement. This will begin in 1998 before the Commission presents its first regular report to the Council reviewing the progress made by Romania including implementation of the accession partnership.The relevant sections of the accession partnership will be discussed in the appropriate sub-committee. The Association Committee will discuss overall developments, progress and problems in meeting its priorities and intermediate objectives as well as more specific issues referred to it from the sub-committees. The Association Committee will report to the Association Council on the implementation of the accession partnership.The PHARE Management Committee will ensure that financing decisions are compatible with the accession partnerships.The accession partnership will be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98. The Commission will propose, before the end of 1999 and at regular intervals thereafter, a review of this partnership, on which the Council will take a formal decision. These reviews will include consideration of the need to further specify intermediate objectives in the light of the progress made by Romania in meeting the objectives set out in this partnership.


title: Council Decision (EU) 2015/2237 of 30 November 2015 appointing a Danish alternate member of the Committee of the Regions

text:
               3.12.2015

               EN

               Official Journal of the European Union

               L 317/35

         COUNCIL DECISION (EU) 2015/2237
   of 30 November 2015
   appointing a Danish alternate member of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Danish Government,
   Whereas:

               (1)

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

               (2)

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

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

               —

               Mr Niels Erik SØNDERGAARD, Southern Denmark Regional Councillor.

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

      Done at Brussels, 30 November 2015.

            For the Council

            The President

         É. SCHNEIDER

      (1)  OJ L 20, 27.1.2015, p. 42.

      (2)  OJ L 31, 7.2.2015, p. 25.

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