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32002D0085

2002/85/EC: Council Decision of 28 January 2002 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Czech Republic

Official Journal L 044 , 14/02/2002 P. 0020 - 0028

Council Decisionof 28 January 2002on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Czech Republic(2002/85/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 States 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:(1) The Luxembourg European Council stated that the Accession Partnership is a new instrument and the key feature of the enhanced pre-accession strategy.(2) Regulation (EC) No 622/98 sets out that the Council is to 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 State, as well as on subsequent significant adjustments applicable to them.(3) 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. 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.(4) 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.(5) The 2001 Commission's regular report presents an objective analysis on the Czech Republic's preparations for membership and identifies a number of priority areas for further work.(6) In order to prepare for membership, the Czech Republic should continue to update its national programme for the adoption of the acquis. This programme should set out a timetable for achieving the priorities and intermediate objectives established in the Accession Partnership.(7) The Czech Republic needs to ensure that the appropriate legal and administrative structures needed for the programming, coordination, management, control and evaluation of Community pre-accession funds are in place,HAS DECIDED AS FOLLOWS:Article 1In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions in the Accession Partnership for the Czech Republic are set out in the Annex hereto, which forms an integral part of this Decision.Article 2The implementation of the Accession Partnership shall be examined in the Europe Agreement bodies and by the appropriate Council bodies to which the Commission shall report regularly.Article 3This Decision shall take effect on the third day following its publication in the Official Journal of the European Communities.Done at Brussels, 28 January 2002.For the CouncilThe PresidentJ. Piqué i Camps(1) OJ L 85, 20.3.1998, p. 1.ANNEX1. IntroductionAt its meeting in Luxembourg in December 1997, the European Council decided that the Accession Partnership would be the key feature of the enhanced pre-accession strategy, mobilising all forms of assistance to the candidate countries within a single framework. In this manner, the Community targets its assistance towards the specific needs of each candidate so as to provide support for overcoming particular problems with a view to accession.The first Accession Partnership for the Czech Republic was decided in March 1998. As provided for in Regulation (EC) No 622/98 (Article 2), the Accession Partnership was updated a first time in December 1999, taking into account further developments in the Czech Republic. The present revision is based on a proposal by the Commission following consultation with the Czech Republic, and draws on the analysis of the Commission's 2001 regular report on progress made by the Czech Republic towards accession.2. ObjectivesThe purpose of the Accession Partnership is to set out in a single framework the priority areas for further work identified in the Commission's 2001 regular reports on the progress made by the Czech Republic towards membership of the Union, the financial means available to help the Czech Republic implement these priorities and the conditions which will apply to that assistance. The Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate States in their preparations for membership. These include inter alia, the updated national programme for the adoption of the acquis prepared by the Czech Republic, the pre-accession fiscal surveillance procedure, the pre-accession economic programme, the pre-accession pact on organised crime as well as the national development plans, the rural development plans, a national employment strategy in line with the European Employment Strategy, and sectoral plans necessary for the participation in the Structural Funds after membership and for the implementation of ISPA and Sapard before accession. Each of these instruments is different in nature and is prepared and implemented according to specific procedures and may be supported by pre-accession aid. They are not an integral part of this Partnership but the priorities they contain will be compatible with it.3. PrinciplesThe main priority areas identified for each candidate State relate to their ability to take on the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate State 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 in 1995, the European Council stressed the need for the candidate States to adjust their administrative structures to ensure harmonious operation of Community policies after accession and at Luxembourg, in 1997, 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. The Feira and Gothenburg European Councils in 2000 and 2001 respectively confirmed the vital importance of the applicant countries' capacity to implement and enforce the acquis, and added that this required important efforts by the applicants in strengthening and reforming their administrative and judicial structures.4. Priorities and intermediate objectivesThe Commission's regular reports have highlighted, besides the progress already made, the extent of the efforts which still have to be made in certain areas by candidate States to prepare for accession. This situation requires the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the states concerned, the achievement of which will condition the degree of assistance granted and the progress of the negotiations under way with the Czech Republic. The priorities listed in the revised Accession Partnership have been selected on the basis that it is realistic to expect that the Czech Republic can complete or take them substantially forward over the next two years (2002 to 2003). Within this list, issues that require particularly urgent action have been highlighted as such. The progress made in meeting the priorities of the 1999 Accession Partnership is assessed in the 2001 regular report. This assessment has been used in formulating the priorities for the current Partnership.The Czech Republic submitted an updated version of its national programme for the adoption of the acquis (NPAA) on 25 June 2001. The NPAA sets out a timetable for achieving priorities and intermediate objectives, based on the 1999 Accession Partnership, as well as necessary administrative structures and financial resources.The Accession Partnership indicates the priority areas for the Czech Republic's membership preparations. The Czech Republic will nevertheless have to address all issues identified in the 2001 regular report. It is also important that the Czech Republic fulfils the commitments of legislative approximation and the implementation of the acquis in accordance with the commitments made under the Europe Agreement, and in the context of the negotiation process. It should be recalled that 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 regular report, the following priorities and intermediate objectives have been identified for the Czech Republic. These priorities are presented in accordance with the structure of the regular report(1).Political criteriaDemocracy and rule of law- in need of particularly urgent action: complete the reform of public administration at national level by establishing a legal framework which provides for stability, independence from undue influences and professionalism; continue to strengthen training, including with regard to acquis-related issues,- complete the reform of the judiciary, taking account of legal, organisational, administrative, training and budgetary aspects, with a view to ensuring effective application of the law, including Community legislation, and ensuring independence of the judiciary,- pursue efforts to more effectively fight against corruption and economic crime.Human rights and the protection of minorities- ensure that an effective system for redressing police misconduct is established,- continue efforts, at national, regional and municipal level, to improve the condition of the Roma minority. Efforts should address employment opportunities, access to education, including appropriate measures to integrate Roma children into mainstream schools, measures to fight discrimination in society and access to housing. In particular, implement tasks contained in the government policy for Roma integration of June 2000.Economic criteria- in need of particularly urgent action: implement a restructuring plan for the steel sector in line with Community requirements and implement viability plans in the steel enterprises,- improve the business environment by: (i) improving the operation of the commercial register, (ii) improving bankruptcy legislation and its implementation, and (iii) resolving the bad loan problem in a transparent and economically efficient way,- complete privatisation in the enterprise sector and pursue the programme of liberalisation of utilities,- proceed in enterprise restructuring, in particular through the revitalisation programme and the Czech Consolidation Agency, and provide appropriate support to small and medium-sized enterprise (SME) development,- continue fiscal reforms, including health care and pension system financing reforms, with a view to ensuring medium-term sustainability of public finances.Ability to assume the obligations of membershipFree movement of goods- complete alignment and effective implementation in the areas of foodstuffs; sectoral and horizontal legislation. Complete implementation of remaining "New approach" Directives and the adoption of European standards,- ensure the effectiveness of implementing structures, complete reinforcement of market surveillance and conformity assessment. Set up a body for exchanging information and notification on technical requirements,- complete alignment and ensure transparency in the area of public procurement; abolish national preference clause for public procurement by introducing access for all Community companies to award procedures in the Czech Republic,- proceed with screening of legislation in the non-harmonised area to ensure that it is in compliance with Articles 28, 29 and 30 of the Treaty and complete administrative arrangements for the future monitoring in this area.Free movement of persons- with respect to professional qualifications obtained before harmonisation, the Czech Republic should give priority to introducing measures to ensure that all its professionals can, from accession, meet the requirements laid down by the Directives,- complete alignment of mutual recognition of professional qualifications and diplomas and further develop required administrative structures, education and training programmes,- reinforce the administrative structures for the coordination of social security.Free movement of services- complete alignment in the areas of insurance, data protection and information society legislation,- reinforce supervision of financial services,- ensure the effectiveness of the Office for Personal Data Protection.Free movement of capital- continue efforts to abolish existing anonymous accounts,- complete alignment of legislation with the second Directive against money laundering,- ensure compliance with the recommendations of the financial action task force.Company law- strengthen enforcement of intellectual property rights in particular by police and customs authorities and improve cooperation among them. Increase efforts to fight against piracy and counterfeiting; intensify training for enforcement bodies including judges and prosecutors.Competition policy- ensure enforcement of the rules in antitrust and State aid fields (including the implementation of the regional aid guidelines); improve transparency and flow of information especially with regard to State aid; increase awareness of the rules amongst all market participants and aid granters; intensify the training of the judiciary in the specific fields of antitrust and State aid.Agriculture- upgrade the capacity of agricultural administration and complete preparations for the enforcement and practical application of the management mechanisms of the common agricultural policy (CAP), in particular market information systems (including price reporting), the integrated administration and control system, the paying agency, the farm accountancy data network and carcase classification, as well as for the implementation and enforcement of veterinary and phytosanitary and food safety legislation,- reinforce the administrative structures needed for the design, implementation, management, monitoring, control and evaluation of Community funded rural development programmes,- complete the system of animal identification; continue alignment with the veterinary and phytosanitary acquis and upgrade inspection arrangements; continue the upgrading of food processing establishments, in particular meat and dairy plants, so that they are in a position to respect Community food safety standards,- complete transposition of legislation on transmissible spongiform encephalopathies, plant passports, maximum residue levels, animal nutrition and ensure implementation and enforcement, including testing of animal diseases, in particular transmissible spongiform encephalopathies, in accordance with the acquis.Transport- complete legislative alignment and strengthen administrative capacity in road transport (in particular on technical and safety standards, vehicle taxation and rules on road transport of dangerous goods) as well as in railway transport with a view to the implementation of the revised railway acquis, including rules on interoperability of railways and public service operations,- complete legislative alignment on air transport (particularly air safety - setting up of an independent aviation accident investigation authority - and air traffic management).Taxation- ensure due alignment with the tax acquis, including the transitional VAT system,- in need of particular urgent action: alignment of VAT, and excise duty rates, to that of the Community acquis, as well as closure of duty-free shops at land borders with the Union,- ensure that existing and future legislation complies with the principles of the code of conduct for business taxation,- strengthen administrative capacity, including control and enforcement procedures, administrative cooperation and mutual assistance,- implement the Holding and Movements Directive,- in need of particularly urgent action: develop IT systems so as to allow for the exchange of computerised data with the Community and its Member States.Economic and monetary union- in need of particularly urgent action: ensure alignment of the Act on the Czech National Bank with the acquis to consolidate its independence.Statistics- further improve the quality and coverage of statistics; ensure adequate resources are available to further strengthen statistical capacities, including at regional level.Social policy and employment- complete alignment of the Community legislation, in particular in the field of equal treatment for women and men and health and safety acquis, and increase enforcement efforts of the whole social legal acquis. Strengthen relevant institutional structures, in particular labour inspectorates. Continue adopting legislation in line with the anti-discrimination acquis and prepare for its implementation,- ensure transposition of the public health acquis and further develop measures in the area of surveillance and control of communicable diseases and health monitoring and information,- continue to support social partners' capacity building efforts, in particular with a view to their future role in the development of Community employment and social policy, including the European Social Fund, notably through autonomous bipartite social dialogue,- prepare a national strategy, including data collection, with a view to future participation in the European strategy on social inclusion.Energy- prepare for the internal energy market, notably through completion of alignment with the electricity and gas directives; eliminate remaining price distortions; strengthen the independence and resources of regulatory bodies,- continue aligning with oil stock requirements and make progress in ensuring the actual constitution of the stocks, including the necessary investments, towards the level of 90 days,- improve energy efficiency, enhance the use of renewable energy sources and strengthen the relevant institutions in this area,- implement the recommendations contained in the Council report on nuclear safety in the context of enlargement with due regard to the priorities assigned in the report,- continue to ensure a high level of nuclear safety at the Dukovany and Temelin nuclear power plants.Telecommunications and information technologies- complete transposition and implementation of the acquis including in particular cost orientation, asymmetry and local loop unbundling,- ensure independence of the National Regulatory Authority for telecommunications,- ensure effective functioning of the liberalised market through effective interconnection pricing,- secure the widespread availability of carrier selection facilities.Culture and audiovisual policy- strengthen the administrative capacity of the Council of the Czech Republic for broadcasting.Regional policy and coordination of structural instruments- in need of particularly urgent action: define attribution of legal and budgetary competencies between the central and regional levels, and define the framework for the implementation of the Structural Funds,- continue to develop, rationalise and streamline the national development plan and define the implementation structures of the final plan; develop project and programme generation and implementation capacity at central and regional level; continue development of monitoring and evaluation capacity; ensure availability of all relevant statistical data,- define the bodies in charge of the implementation of Structural Funds and the Cohesion Fund, in particular the managing and paying authorities; establish a clear division of responsibilities and improve the administrative capacity, in particular in terms of recruitment and training; ensure effective interministerial coordination,- align with the specific financial management and control procedures for future Structural and Cohesion Funds under the relevant Community Regulations,- develop the technical preparation of projects eligible for Structural and Cohesion Funds assistance (project pipeline).Environment- complete transposition of the acquis, with particular emphasis on integrated pollution prevention and control and on amendments to the legislation not complying with the acquis in particular in the waste and water sector,- complete implementation of the acquis, in particular as regards environmental impact assessment, water intended for human consumption, nitrates (designation of vulnerable zones, action plans) and dangerous substances (inventories, pollution reduction programmes), nature protection (list of sites of Community importance, special protected areas) and integrated pollution prevention control (institutions, integrated permits),- continue strengthening the administrative, monitoring and enforcement capacity at national, regional and local level. Particular attention needs to be paid to clear distribution of competencies, to improve cooperation between responsible authorities, to training and to strengthening the investment planning capacity,- continue integration of environmental protection requirements into the definition and implementation of all other sectoral policies with a view to promoting sustainable development.Consumer and health protection- complete legislative alignment and ensure the effectiveness of administrative structures, including market surveillance.Justice and Home Affairs- ensure due implementation of the Schengen action plan.- continue preparation for future participation in the Schengen information system by developing national databases and registers,- strengthen border control management; improve coordination between organisations responsible for border management and training of staff; improve the controls at the "green" borders,- further improve the system for granting of visas to take full account of migration risks; improve cooperation between all police units dealing with migration,- ensure implementation of the new Aliens Act; ensure the involvement of an independent body as the second instance in the asylum procedure,- ensure effective implementation of the new strategy for combating organised crime; establish a framework for cooperation between different law enforcement agencies, especially concerning the fight against financial crime and corruption, in particular concerning money-laundering, and as regards trafficking in human beings; provide further training for the police concerning organised crime and drugs; introduce modern equipment, such as an integrated computer-based investigation system,- take the necessary steps to ensure implementation of Community instruments in the area of judicial cooperation in civil matters,- take the necessary steps to align the legislation with the Convention on the Protection of the Communities' Financial Interests and its Protocols.Customs union- in need of particularly urgent action: continue the implementation of the IT strategy of the Czech customs administration. Develop IT systems so as to allow for the exchange of computerised data between the Community and the Czech Republic,- continue efforts to strengthen customs ethics, combat fraud and corruption, protect copyrights and industrial property rights, fight against economic crime and organised crime,- continue efforts to reduce waiting time at the border.External relations- take the measures necessary to ensure that any international treaties or agreements including bilateral investment treaties incompatible with the acquis are renegotiated or terminated by accession.Financial control- complete the legislative framework for public internal financial control,- implement the concept of managerial accountability,- set up an internal audit service with adequate functional independence directly under the highest management level in spending centres,- set up a central unit in the Ministry of Finance to deal with coordination and harmonisation of the methodology for financial management and control and internal audit throughout the government,- strengthen the fight against fraud and adopt the appropriate legislative framework to this effect,- agree on the framework for cooperation with OLAF for the protection of the Communities' financial interests and effectively start cooperating with OLAF through the central contact point,- continue efforts to ensure the correct use, control, monitoring and evaluation of Community pre-accession funding as a key indicator of the Czech Republic's ability to implement the financial control acquis.5. ProgrammingFor the period 2000 to 2006, in addition to PHARE, financial assistance to the Czech Republic comprises support for pre-accession measures for agriculture and rural development through the pre-accession instrument Sapard (Council Regulation (EC) No 1268/1999, OJ L 161, 26.6.1999, p. 87); and support for infrastructure projects in the fields of environment and transport through the structural instrument ISPA (Council Regulation (EC) No 1267/1999, OJ L 161, 26.6.1999, p. 73), which gives priority to measures similar to the Cohesion Fund in the pre-accession period. Under these national allocations, the Czech Republic can also fund part of its participation in Community programmes including the research and technological development framework programmes and programmes in the areas of education and Enterprise. In addition the Czech Republic will have access to funding from multicountry and horizontal programmes directly related to the acquis. Joint financing by the applicant States is systematically required for all investment projects. Since 1998 the Commission has worked with the European Investment Bank and the International Financial Institutions, in particular the European Bank for Reconstruction and Development and the World Bank, with a view to facilitating the co-financing of projects relating to pre-accession priorities.6. ConditionalityCommunity assistance for financing projects through the three pre-accession instruments PHARE, ISPA and Sapard is conditional on respect by the Czech Republic of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and in particular progress in meeting the specific priorities of this revised 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 622/98.7. MonitoringThe implementation of the Accession Partnership is monitored in the framework of the Europe Agreement. As underlined by the European Council in Luxembourg, it is important that the institutions of the Europe Agreement continue to be the framework within which the adoption and implementation of the acquis can be examined. The relevant sections of the Accession Partnership are discussed in the appropriate subcommittee. The Association Committee discusses overall developments, progress and problems in meeting the Partnership's priorities and intermediate objectives as well as more specific issues referred to it from the subcommittees.The PHARE Management Committee ensures that actions financed under all three pre-accession instruments, PHARE, ISPA, and Sapard, are compatible with each other as well as with the Accession Partnerships as laid down in the coordinating Regulation (Council Regulation (EC) No 1266/1999, OJ L 161, 26.6.1999, p. 68).The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98.(1) The order of presentation is that used in the 2000 regular report.


title: 2012/272/EU: Council Decision of 14 May 2012 on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part

text:
               24.5.2012

               EN

               Official Journal of the European Union

               L 134/3

         COUNCIL DECISION
   of 14 May 2012
   on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part
   (2012/272/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(3), Articles 91 and 100, Article 191(4) and Articles 207 and 209 in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 25 November 2004, the Council authorised the Commission to negotiate a Framework Agreement with the Republic of the Philippines on Partnership and Cooperation (‘the Agreement’).

               (2)

               The provisions of the Agreement that fall within the scope of Part Three, Title V of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the United Kingdom and/or Ireland have jointly notified the Republic of the Philippines that the United Kingdom or Ireland is bound as part of the European Union in accordance with the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union. If the United Kingdom and/or Ireland cease(s) to be bound as part of the European Union in accordance with Article 4a of the Protocol (No 21), the European Union together with the United Kingdom and/or Ireland are to immediately inform the Republic of the Philippines of any change in their position in which case they are to remain bound by the provisions of the Agreement in their own right. The same applies to Denmark in accordance with the Protocol (No 22) on the position of Denmark annexed to those Treaties.

               (3)

               Where the United Kingdom and/or Ireland has/have not provided the notification required under Article 3 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice, they do not take part in the adoption by the Council of this Decision to the extent that it covers provisions pursuant to Part Three, Title V of the Treaty on the Functioning of the European Union. The same applies to Denmark in accordance with the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union.

               (4)

               The Agreement should be signed, subject to its conclusion at a later date,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part, is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the day following its adoption.

      Done at Brussels, 14 May 2012.

            For the Council

            The President

         C. ASHTON

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


title: Decision (EU) 2016/1525 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the European Institute for Gender Equality for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/260

         DECISION (EU) 2016/1525 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the European Institute for Gender Equality for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Institute for Gender Equality for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Institute for Gender Equality for the financial year 2014, together with the Institute’s reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Institute in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0085/2016),

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality (4), and in particular Article 15 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Women's Rights and Gender Equality (A8-0085/2016),

               1.

               Grants the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Director of the European Institute for Gender Equality, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 168.

      (2)  See footnote 1.

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

      (4)  OJ L 403, 30.12.2006, p. 9.

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

      (6)  OJ L 328, 7.12.2013, p. 42.


title: Council Decision of 14 May 1973 adopting a research programme for the European Economic Community on the protection of the environment

text:
9 . 6 . 73                       Official Journal of the European Communities                              No L 153 / 11
                                                COUNCIL DECISION
                                                   of 14 May 1973
               adopting a research programme for the European Economic Community on the protec
                                               tion of the environment
                                                      (73/126/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                      HAS DECIDED AS FOLLOWS :
                                                                                Article 1
Having regard to the Treaty establishing the Euro             A research programme for the European Economic
pean Economic Community, and in particular Article             Community on the protection of the environment as
235 thereof;                                                   set out in the Annex to this Decision is hereby
                                                               adopted for a period of four years beginning on
Having regard to the proposal from the Commission;             1 January 1973 . This Annex forms an integral part
                                                                of this Decision .
Having regard to the Opinion of the European Par
liament ;                                                                             Article 2
                                                               The upper limit for expenditure commitments and
Having regard to the Council Resolution of 17                  for staff necessary for the implementation of this
December 1970 on the procedure for adopting                    programme shall be fixed at 13 million units account
research and education programmes ;                             and 142 staff, the unit of account being defined
                                                               in the Financial Regulation on the establishment and
                                                               implementation of the budget of the European Com
Whereas Article 3 of the Treaty establishing the               munities and the responsibility of authorizing and
European Economic Community lays down that the                 accounting officers.
 activities of the Community shall include the elimin
 ation, as between Member States, of customs duties                                    Article 3
and of quantitative restrictions on the import and
export of goods, and of all other measures having              The Commission shall ensure that this programme is
equivalent effect, the institution of a system ensuring        carried out and to this end shall request the assist
that competition in the common market is not dis               ance of the Joint Research Centre. It shall submit an
torted, and also the approximation of the laws of              annual report to the Council on the subject.
Member States to the extent required for the proper                                    Article 4
 functioning of the common market ; whereas the
 activities defined in the Annex to this Decision are          The programme defined in the Annex shall be subject
necessary, among others, for achieving these objec            to review at the beginning of the second year, in
tives and promoting, in accordance with Article 2              accordance with the appropriate procedures, and in
of the same Treaty, a harmonious development of                the light of the decisions of the Paris Summit Con
 economic activities throughout the Community and               ference .
 an improvement in conditions of life and employ                                      Article 5
 ment in the Member States ;
                                                                The information resulting from the implementation
Whereas the research projects which are the subject             of the parts of the programme defined in the Annex
                                                                will be disseminated in accordance with the condi
 of this Decision therefore appear necessary in order
 to achieve certain Community objectives in the con            tions and within the limits laid down by the Com
                                                                mission .
 text of the functioning of the common market ;
                                                                Done at Brussels, 14 May 1973 .
                                                                                For the Council
 Whereas the Treaty establishing the European Econ
 omic Community made no provision for the powers                                                     The President
 required for these purposes ;                                                                   R. VAN ELSLANDE
 ---pagebreak--- No L 153 / 12                              Official Journal of the European Communities                         9 . 6 . 73
                                                            ANNEX
                                                       DIRECT ACTION
                                                 NON-NUCLEAR PROJECTS
                                             ENVIRONMENTAL PROTECTION
              Joint programme
              A maximum amount of 13.0 million units of account shall be allocated to this objective and the
              upper limit for staff shall be fixed at 142 staff (including 75 programme staff).
              The objective shall be :
              — analysis and supervision (particularly development of a multidetection unit ; studies on
                 teledetection and measurement of pollution ; formation of a data bank for chemicals) ;
              — spread and effect of pollutants (in particular studies of biological indicators of water pol
                 lution , genetic toxicity and bio-telemetry of subacute toxic effects on laboratory animals) ;
              — model and systems analysis of the process of eutrophication of an alpine lake and of atmos
                 pheric pollution ;
              — theoretical studies on thermal pollution and the purification of water by catalytic oxidation.
              — These activities will be carried out by the Ispra Establishment.


title: Commission Decision (EU) 2016/1983 of 26 May 2014 on the measure SA.33063 (2012/C, ex 2012/NN) regarding Trentino NGN srl following the withdrawal of Italy from the project (notified under document C(2014) 3159) (Text with EEA relevance )

text:
               12.11.2016

               EN

               Official Journal of the European Union

               L 305/32

         COMMISSION DECISION (EU) 2016/1983
   of 26 May 2014
   on the measure SA.33063 (2012/C, ex 2012/NN) regarding Trentino NGN srl following the withdrawal of Italy from the project

         (notified under document C(2014) 3159)

   (Only the Italian text is authentic)
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof,
   Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
   Having called upon interested parties to submit their comments pursuant to the provisions cited above (1),
   Whereas:
   1.   PROCEDURE

               (1)

               On 24 May 2011 the Commission received a complaint by the three main alternative telecommunications operators active in Italy (Wind, Fastweb and Vodafone). In their detailed submission, it was alleged that a project launched by the Italian Autonomous Province of Trento (‘the Province’) for the deployment of a next-generation access infrastructure throughout the territory of the Province constituted de facto State aid to Telecom Italia, granted in violation of the competition rules as stated in the Broadband Guidelines (2). In particular, the complainants alleged that they were not properly informed or consulted by the Province regarding its plans and objectives, that the beneficiary was predetermined before the start, and that the chosen infrastructure would not allow real competition after it had been deployed.

               (2)

               Following a request for information sent on 22 June 2011, the Italian authorities replied on 20 July 2011, contending that their intention was to follow the market economy investor principle, and that their intervention did not constitute State aid and thus did not need to fulfil the compatibility conditions of the Broadband Guidelines. On 4 November 2011, having removed the confidential information, the Commission forwarded the reply by the Italian authorities to the complainants, who submitted additional observations and documentation on 29 November and 7 and 16 December 2011. The Italian authorities submitted various detailed items of additional information between January and May 2012. Between February and May 2012 the complainants also submitted additional information. Throughout this period various meetings and phone conferences were held with each of the parties involved.

               (3)

               By decision of 25 July 2012 (‘the opening decision’), the Commission informed Italy that it had initiated the formal investigation procedure set forth in Article 108(2) of the Treaty on the Functioning of the European Union with respect to the project. Having removed the confidential information, the Commission published the opening decision in the Official Journal of the European Union
                   (3), inviting interested parties to submit their comments.

               (4)

               The Commission received comments on the opening decision from Italy by letters of 22 and 23 November 2012. The Commission also received observations from interested parties: the representatives of Telecom Italia on 3 December 2012 and the representatives of Wind, Fastweb and Vodafone on 7 December 2012. By letter of 29 January 2013, the Commission forwarded the above-mentioned observations, having removed all confidential information, to the Italian authorities, which submitted their comments on the third parties' observations on 5 March 2013. Between March and December 2013 intensive discussions and exchanges took place with all the parties concerned (the Italian authorities, Telecom Italia, Wind, Fastweb and Vodafone) and various meetings and phone conferences were held with each of them.

               (5)

               By letter of 31 January 2014 the Italian authorities informed the Commission of the Province's intention to withdraw from the project. On 14 and 20 March 2014, the Italian authorities provided additional information concerning the Province's effective withdrawal from the Trentino NGN joint venture, in particular concerning the sale of the Province's shares to Telecom Italia effected on 28 February 2014.

         2.   DESCRIPTION OF THE MEASURE

               (6)

               In September 2010, the Province drew up a strategy to achieve its connectivity objective of 100 % coverage of its territory by an ultra-broadband fibre network by 2018. The strategy provided for two types of action, for ‘medium-profitability’ areas (4) and for ‘low-profitability’ areas in the Province: high-profitability areas were excluded. For the medium-profitability areas, the Province intended to set up a new company to be named Trentino NGN and to open it up to private partners. For the low-profitability areas, the Province planned to take an ad hoc State aid measure which would be developed and notified at a later stage, probably under the supervision of the Province's publicly owned company Trentino Network, a company distinct from Trentino NGN which was in charge of other initiatives falling within the Province's general broadband strategy.

               (7)

               In the following months, separate contacts between the Province and several private operators took place, and on 8 February 2011 the Province signed a memorandum of understanding with Telecom Italia for the setting up of the joint venture Trentino NGN to deploy a fibre-to-the-home infrastructure in the medium-profitability areas. Pursuant to this initial agreement, the Province committed itself to a cash contribution of up to EUR 60 million to the capital of Trentino NGN, while Telecom Italia was only to make contributions in kind, including (1) its existing passive infrastructure (ducts and poles) immediately; and (2) the switch-off of the existing copper network following the entry into service of the fibre-to-the-home network. Later in 2011, two other minor private shareholders signed the memorandum of understanding: a financial institution, Finanziaria Trentina, and a smaller internet service provider, McLink, each of which was to make a smaller financial contribution to the company.

               (8)

               By December 2011, the business plan was finalised and a due diligence report was prepared at the Province's request by Analysys Mason. At the same time, the shareholders' respective rights and obligations were finally established and the contributions in kind by Telecom Italia to Trentino NGN were more precisely defined. Further amendments to the shareholders' agreements were introduced after discussions with the Commission and completion of an expert report on the project by Analysys Mason. By March 2012, the required expert report on Telecom Italia's initial contribution in kind was prepared by Reconta Ernst & Young, which led to a further adjustment.

               (9)

               To begin with the Province set up Trentino NGN single-handedly, with a minimal capital contribution of less than EUR 100 000. The company was expected to reach its final capital structure through an increase in the equity to be implemented after finalisation of the agreements with the private shareholders. It was planned that the equity capital of Trentino NGN would be increased as follows: the Province would contribute EUR 50 million (corresponding to a stake of 52,2 %), Finanziaria Trentina would contribute EUR 5 million (a 5,2 % stake), McLink EUR 1,5 million (a 1,56 % stake) (5) and Telecom Italia the lease, by means of indefeasible rights of use, of its passive infrastructure (ducts and poles) in the whole of the Province, for use in the construction of the new fibre network (‘the initial contribution’). Telecom Italia's initial contribution was originally valued at EUR 39,8 million, but the report by Ernst & Young on the value of this contribution indicated a slightly lower amount of EUR 39,3 million, which lead to an update to the agreement (the final estimation was EUR 39,448 million).

               (10)

               On 18 May 2012, the joint venture Trentino NGN was set up and the initial contributions of each of the parties were made as follows: the Province paid up only part of the planned cash contribution, i.e. EUR 14,845 million instead of EUR 50 million; similarly, Finanziaria Trentino contributed only EUR 1,25 million of EUR 5 million, and McLink contributed only EUR 0,375 million of EUR 1,5 million. Telecom Italia contributed the indefeasible rights of use of its passive infrastructure, estimated finally at EUR 39,448 million. This resulted in the following shareholding structure: Province 52,16 %; Telecom Italia 41,07 %; McLink 1,56 %; Finanziaria Trentino 5,21 %. The resulting situation of Trentino NGN's shareholders and their respective shareholdings was as follows (during the 18 May 2012-28 February 2014 period).

                           Shareholder

                           Capital held %

                           Subscribed capital (EUR)

                           Paid-up capital (EUR)

                           Province

                           52,16

                           50 095 000

                           14 845 000

                           Telecom Italia

                           41,07

                           39 448 000

                           39 448 000

                           McLink

                           1,56

                           1 500 000

                           375 000

                           Finanziaria Trentina

                           5,21

                           5 000 000

                           1 250 000

                              Total

                              100,00

                              96 043 000

                              55 918 000

               (11)

               The shareholders' agreement provided that at the end of the third year from the initial contribution, or upon the activation of at least 16 % of the new fibre connections, Telecom Italia and the Province could decide to initiate the ‘second contribution’ by Telecom Italia, i.e. the transfer to Trentino NGN (1) of the ownership (as opposed to the indefeasible rights of use already conferred) of the passive infrastructure existing in the medium-profitability areas identified by Trentino NGN; and (2) the ownership of the copper network, with a view to switching it off and migrating all customers onto the new fibre network. The preliminary estimate of the value of the contribution was EUR 520 per active copper line, including both Telecom Italia's retail lines and lines operated on behalf of the operators who had unbundled access to the local loop. This value was estimated to be boosted by EUR 2 million corresponding to the value of converting the indefeasible rights of use of the duct space (i.e. the initial contribution) into ownership. In this second phase, and on account of its second contribution, Telecom Italia would acquire the majority stake and control of Trentino NGN, if necessary by way of an additional capital injection by Telecom Italia.

               (12)

               Finally, the shareholders' agreement also provided that after three more years, or after reaching the objective of 43 % active and connected lines, Telecom Italia would have the right to exercise a call option vis-à-vis the Province and McLink to acquire their shares of Trentino NGN. In return for the concession of this right to Telecom Italia, and if it was eventually exercised, Telecom Italia would pay EUR 6,5 million to the Province, half of it within 1 year and the other half within 2 years. The purchase price for the shares would be equal to the value of the contribution increased by an annual 7,75 % net of the distributed dividends (6). The other two shareholders, McLink and Finanziaria Trentina, were granted a put option whereby they could decide to sell their shares in Trentino NGN to Telecom Italia at a price corresponding to the value of their contributions increased by respectively 5,5 % and 7 % per year.

               (13)

               In addition, through specific shareholders' agreements, Telecom Italia was also appointed the supplier of Trentino NGN for the construction, management and operation of the network. The type of network to be deployed was what is known as the point-to-multipoint model. No unbundling or access obligations were envisaged. The chosen architecture provided only for the rollout of three parallel GPON networks (7), two of which would be available for concession to other operators.

         3.   OPENING OF THE FORMAL INVESTIGATION

               (14)

               The Commission opened the formal investigation because it had serious doubts as to the compliance of the measure with the market economy investor principle, and in order to determine whether, if it was shown to contain elements of State aid, it could be deemed compatible with the internal market.

               (15)

               In the opening decision, the Commission expressed its concern that the Province's involvement in Trentino NGN had several features which made it doubtful whether it complied with the market economy investor principle and whether the Province's participation was indeed equivalent to that of its private partners. The Commission's doubts related in particular to the following:

                           —

                           The timing of the project. The Commission doubted that the Province had acted since the beginning as a market economy investor, guided not by public policy objectives but by economic and profitability considerations. It appeared that the Province had initiated the project in the public interest, and then designed it as a joint venture with the incumbent Telecom Italia, and had attempted to render the project compliant with the market economy investor principle only ex post, making changes, inter alia, following discussions with the Commission, while keeping the structure of the initiative unaltered.

                           —

                           The participation of private parties. The participation of McLink and Finanziaria Trentina was negligible, while Telecom Italia's was significant, but spread over time.

                           —

                           Concomitance of the investment. The Province was to act immediately, while Telecom Italia's contribution was spread over time and conditional upon certain events and decision-making processes.

                           —

                           Same terms and conditions. It was not clear that the terms and conditions on which the Province was investing in the joint venture were the same as those of the private partners, and more specifically Telecom Italia. The Commission noted several discrepancies regarding the timing and conditionality of Telecom Italia's contributions, and the possibility for Telecom Italia to acquire the Province's shares and gain full control of Trentino NGN via the call option.

                           —

                           Telecom Italia's initial contribution (8). The value of Telecom Italia's initial contribution appeared to be calculated on the basis of documents, assumptions, forecasts and financial analyses made by the parties which had not been verified by an independent expert. It was doubtful whether a private investor would be prepared to accept a significant equity participation in a joint venture in return for access to a regulated asset which could be obtained by contractual means at regulated prices. It was not clear that a market economy investor would accept that a lease of infrastructure, to be acquired outright at a later date, was adequate participation in the equity. The Commission doubted whether a market economy investor would acquire infrastructure that was not necessary, since the indefeasible rights of use would apply to Telecom Italia's ducts and poles throughout the Province and not just in the areas in which Trentino NGN was to deploy its network.

                           —

                           Telecom Italia's second contribution (9). There were doubts regarding the future valuation of Telecom Italia's second contribution, which at the time was based on a negotiated methodology, without an expert opinion. It was not clear that the preliminary valuation of the conversion to ownership of the indefeasible rights of use was in line with market terms, and in particular that there was no overlap between the valuation of the initial contribution (a lease) and the second one (ownership), given that, for the most part, the rights conferred covered the same infrastructure. The Commission had doubts about the appropriateness of the methodology for the evaluation of the transfer of ownership of all the components of the copper network (10), given its high maintenance costs, given that the main objective was to switch it off once the fibre network had become operational, and given the potential alternatives to the methodology proposed.

                           —

                           The business plan and the parties' levels of risk. There were significant differences between the risk profiles of the public authority and the private investors, given the different nature and timing of their contributions, the different rights and obligations of the parties — prima facie low risks for Telecom Italia, low opportunity costs for Telecom Italia, low risks to existing business as Telecom Italia would retain control over the copper network even after contributing it to the joint venture by simultaneously acquiring control of the joint venture, and acquisition of full control and internalisation of profits through exercise of the call option if the joint venture were to prove profitable; whereas the Province seemed to be acting as a financial investor in an infrastructure upgrade project, expecting at most a return of 7,75 % and EUR 6,5 million if the call option was exercised (11). The calculations in the business plan might not have been entirely accurate, owing to optimistic assumptions regarding actual demand by end-users and revenues from alternative operators activating all the GPON lines available (12). There were other similar risks: Telecom Italia might decide to postpone the switch-off of the legacy copper network, in the absence of any contractual provision obliging it to do so, and this might delay the breakeven point for Trentino NGN. There was incertitude regarding the total financial resources necessary to complete the network rollout, quantified at EUR 150 million.

                           —

                           Other concerns. The choice of Telecom Italia without public tender, and its remuneration as a provider of services to Trentino NGN; Telecom Italia's dual position as shareholder and supplier.

         4.   THE PROVINCE'S DECISION TO WITHDRAW FROM THE PROJECT

               (16)

               On 31 January 2014 the Italian authorities informed the Commission that the Province had decided to withdraw from the Trentino NGN project and not to pursue it, in agreement with all the other parties: Telecom Italia, McLink and Finanziaria Trentina.

               (17)

               On 14 March 2014 the Italian authorities informed the Commission that the Province had sold its participation in Trentino NGN to Telecom Italia for a payment of EUR 15 852 435, corresponding to the value of Province's partial cash contribution to Trentino NGN in the amount of EUR 14,845 million, plus compound interest at 3,75 %. According to the Italian authorities, Trentino NGN was now controlled by Telecom Italia, while Finanziaria Trentina and McLink remained as minority shareholders.

               (18)

               The Italian authorities explained that, although Trentino NGN was set up and partial contributions to its capital were made on 18 May 2012, on 20 August 2012 (after the opening decision) the Province and other parties to Trentino NGN modified the shareholders' agreement, and all the activities of NGN were suspended pending the conclusion of the Commission's ongoing formal investigation. Thus, the full payment of the contributions was suspended (only partial payments were made) for all the parties concerned. All the other subsequent steps called for in the shareholders' agreement were also suspended. Trentino NGN never started to roll out its planned fibre-to-the-home network (or any other network).

               (19)

               The activities of Trentino NGN were restricted exclusively to providing access to third parties to the indefeasible rights of use of infrastructure in order to comply with regulatory obligations. In relation to this last aspect, the Italian authorities explained that because Telecom Italia remained subject to regulatory access obligations towards other licensed operators, after Telecom Italia transferred the rights of use of the passive infrastructure to Trentino NGN, in May 2012, some operators requested access to that passive infrastructure and access was granted. Consequently, Telecom Italia made several payments to Trentino NGN as remuneration for purchasing access to the passive infrastructure from Trentino NGN in order to meet the other licensed operators' access requests. These payments amounted to less than EUR 15 000, and constituted the entire revenue generated by Trentino NGN after its incorporation.

               (20)

               The Italian authorities also indicated that the Province had not and would not pay any penalty for withdrawing from Trentino NGN. The shareholders' agreement of 16 December 2011 and subsequent amendments contained provisions concerning termination which enable the Province to leave Trentino NGN without any penalty, even in the event that the project had not been implemented even in part.

         5.   ASSESSMENT

               (21)

               Although some preparatory steps were taken by Italy to implement the Trentino NGN project, notably through the various agreements and acts leading to the setting up of the joint venture, and the above-mentioned partial payment of the contribution in cash by the Province (along with the partial contributions in cash by other parties and the contribution in kind by Telecom Italia), the project did not progress beyond that stage.

               (22)

               In relation to the partial payment made by the Province into the capital of Trentino NGN, the Italian authorities have explained that Trentino NGN deposited all the amounts received as cash contributions from its shareholders (i.e. the financial contributions from the Province, McLink and Finanziaria Trentina, minus costs and taxes) in a bank account on which it received interest at a rate of 2,71 % in 2012, 1,509 % until 1 February 2013 and 1,524 % after 1 February 2013. The partial payments (including the Province's) have remained inactive in Trentino NGN's bank account. According to the Italian authorities, on 28 February 2014 the Province recovered its partial cash contribution plus 3,75 % compound interest. The Italian authorities have explained that the 3,75 % compound interest was the result of a negotiated settlement between the parties and represents approximately double the rate for 2- to 3-year Italian government bonds, and is similar to the rate for 10-year bonds.

               (23)

               The partial payment of the cash contribution by the Province to Trentino NGN involved a transfer of State resources. However, on the basis of the information available, since the deployment of the Trentino NGN project was suspended on 20 August 2012 and the Province effectively withdrew from the project and recovered its initial payment in full, plus reasonable interest, on 28 February 2014, the Commission is willing to accept that this partial payment did not give rise to an economic advantage for Trentino NGN or its shareholders.

               (24)

               As for the minimal activity engaged in by Trentino NGN, i.e. the transactions concerning the sale of rights of use (see recital 19), these activities were performed in order to comply with regulatory obligations which remain incumbent upon Telecom Italia and do not appear to have caused an economic advantage for Trentino NGN or its shareholders, including Telecom Italia. Under these circumstances, the transactions concerned do not call into question the assessment made above.

               (25)

               The Commission accordingly accepts that the Trentino NGN project was never implemented, so that following the Province's withdrawal from the project the present investigation no longer serves any purpose.

         6.   CONCLUSION

               (26)

               In the light of the above, the Commission has decided to close the proceedings under Article 108(2) TFEU, since following the withdrawal of the Italian authorities (the Province) from the Trentino NGN project the proceedings no longer serve any purpose,

         HAS ADOPTED THIS DECISION:
   Article 1
   Following the withdrawal of the Italian authorities from the Trentino NGN project, the present proceedings no longer serve any purpose. The Commission has therefore decided to close the proceedings initiated under Article 108(2) of the Treaty.
   Article 2
   This Decision is addressed to Italian Republic.

      Done at Brussels, 26 May 2014.

            For the Commission

         Joaquín ALMUNIA

            Vice-President

      (1)  OJ C 323, 24.10.2012, p. 6.

      (2)  Communication from the Commission — Community Guidelines for the application of State aid rules in relation to rapid deployment of broadband networks (OJ C 235, 30.9.2009, p. 7), revised in 2013: EU Guidelines for the application of State aid rules in relation to the rapid deployment of broadband networks (OJ C 25, 26.1.2013, p. 1).

      (3)  See footnote 1.

      (4)  The medium-profitability areas identified were municipalities in which the cost of deploying the fibre-to-the-home infrastructure would remain around EUR 1 000 per household, i.e. 42 municipalities and 150 000 households, corresponding to 60 % of the population of the Province.

      (5)  The opening decision said that MC-link would contribute EUR 1 million, corresponding to a stake of 1,6 %, but during the investigation the Italian authorities indicated that the correct figure was EUR 1,5 million, corresponding to a stake of 1,56 %.

      (6)  These figures are those resulting from the third amendment to the shareholders' agreement, signed on 11 May 2012. The original figures were EUR 4,7 million as a cash contribution and the annual rate established was 7,5 %.

      (7)  A technology allowing provision of internet services on a point-to-multipoint basis. Operators interested in providing services would have to activate the full network using the GPON technology.

      (8)  The initial contribution consisted of the transfer of the indefeasible rights of use.

      (9)  The second contribution consisted of two parts: (1) the conversion into ownership of the indefeasible rights of use (which formed the initial contribution) over Telecom Italia's ducts space only in the areas of medium profitability in the Province (i.e. the target areas of Trentino NGN); and (2) the transfer of the ownership of all the components of the copper network, with a view to switching it off after migrating all customers onto the new fibre network.

      (10)  The methodology used to establish such a value at the time was based on the average theoretical network replacement value, on the basis of the BU-LRIC model used by the Italian National Regulatory Authority AGCOM to determine ULL fees (unbundled access to the local loop), a value taken to be the average value across the whole country and not calculated specifically for the Province.

      (11)  Maximum remuneration capped at a return on equity of 10,5 % in the initial calculations made by the Province.

      (12)  Three parallel GPON networks were to be rolled out, two of them beyond the requirements of Trentino NGN and in theory to be leased for operation by alternative providers.


Avis juridique important

|

31984D0638

84/638/EEC: Commission Decision of 17 December 1984 accepting undertakings given in connection with the anti-dumping proceeding concerning imports of upright pianos originating in the Soviet Union

Official Journal L 332 , 20/12/1984 P. 0079 - 0079

*****COMMISSION  DECISION  of 17 December 1984  accepting undertakings given in connection with the anti-dumping proceeding concerning imports of upright pianos originating in the Soviet Union  (84/638/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 14 thereof,  After consulting the Advisory Committee established by the above Regulation,  Whereas:  A. Definitive duty  (1) By Regulation (EEC) No 2236/82 (2) of 11 August 1982 the Council imposed a definitive anti-dumping duty on imports of upright pianos falling within subheading ex 92.01 A I of the Common Customs Tariff, corresponding to NIMEXE code 92.01-12, originating in the Soviet Union.  B. Review  (2) In August 1984 the Soviet exporter of the products in question, Raznoexport, Moscow, requested the Commission to review the abovementioned Regulation. At the same time Community producers requested a review of the price undertakings given by other exporters to the Community (3). The Commission considered these requests admissible. The review showed a need to update the level of the existing price undertakings.  As to Russian exports, the Soviet exporter did not contest the Council's findings with regard to dumping, injury, causation and Community interest, as set out in Regulation (EEC) No 2236/82 but offered an undertaking to charge voluntarily a minimum export price. The price offered is equivalent to the normal value established during the investigation period, is expressed in ECU as the updated other price undertakings and will eliminate the dumping margin and the resulting injury. The Commission, therefore, considers this undertaking acceptable,  HAS DECIDED AS FOLLOWS:  Sole Article  The undertaking offered by Raznoexport in connection with the anti-dumping proceeding concerning imports of upright pianos, falling within subheading ex 92.01 A I of the Common Customs Tariff, corresponding to NIMEXE code 92.01-12, originating in the Soviet Union, is hereby accepted.  Done at Brussels, 17 December 1984.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No L 238, 13. 8. 1982, p. 1.  (3) OJ No L 101, 16. 4. 1982, p. 45.


Avis juridique important

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31999D0322

1999/322/EC: Council Decision of 3 May 1999 authorising the Secretary-General of the Council of the European Union in the context of the integration of the Schengen acquis into the framework of the European Union to act as representative of certain Member States for the purposes of concluding contracts relating to the installation and functioning of the Help Desk Server of the Management Unit and of the Sirene Network Phase II and to manage such contracts

Official Journal L 123 , 13/05/1999 P. 0049 - 0050

COUNCIL DECISIONof 3 May 1999authorising the Secretary-General of the Council of the European Union in the context of the integration of the Schengen acquis into the framework of the European Union to act as representative of certain Member States for the purposes of concluding contracts relating to the installation and functioning of the "Help Desk Server" of the Management Unit and of the Sirene Network Phase II and to manage such contracts(1999/322/EC)THE COUNCIL OF THE EUROPEAN UNION,Acting on the basis of Article 7 of the Protocol annexed to the Treaty on European Union and the Treaty establishing the European Community, integrating the Schengen acquis into the framework of the European Union,(1) Whereas within the framework of cooperation between the Member States which are signatories to the 1990 Schengen Convention implementing the 1985 Schengen Agreement and instruments of accession thereto, the Secretary-General of the Benelux Economic Union has been authorised to conclude and manage certain contracts on behalf of such Member States;(2) Whereas as a result of the integration of the Schengen Secretariat into the General Secretariat of the Council of the European Union, this task performed hitherto by the Secretary-General of the Benelux Economic Union within the framework of the Schengen cooperation should be taken over by the Secretary-General of the Council;(3) Whereas the performance of such a task by the Secretary-General of the Council on behalf of certain Member States will constitute a new task, distinct from the tasks performed by the Secretary-General pursuant to his obligations under the Treaty establishing the European Community and the Treaty on European Union;(4) Whereas it is therefore appropriate to have this new task assigned to the Secretary-General by way of an explicit decision of the Council,HAS DECIDED AS FOLLOWS:Article 11. The Council hereby authorises the Secretary-General of the Council of the European Union to act as the representative of the Member States concerned, by replacing the Secretary-General of the Benelux Economic Union in the Agreement concluded by the latter on behalf of these Member States on 23 August 1996 with France Telecom Network Services Belgium, now Global One Belgium, on the delivery, installation and management of the Sirene Network Phase II and the supply of services relating to the use thereof.2. The Council hereby authorises the Secretary-General of the Council to act as the representative of the Member States concerned, for the purpose of concluding an Agreement on behalf of the latter with Digital Equipment SA for the operation and setting-up of a Help Desk Server on the expiry of the current Agreement concluded between the Secretary General of the Benelux Economic Union and Digital Equipment SA on 8 May 1996.3. The authorisations under paragraphs 1 and 2 above shall apply so long as payments under the aforementioned Agreements are not charged to the general budget of the European Communities but continue to be charged to the Member States concerned.Article 2The work involved in managing the Agreements referred to in Article 1 on behalf of the Member States concerned shall be performed by the General Secretariat of the Council as part of its normal administrative tasks.Article 3All questions relating to any non-contractual liability resulting from the acts or omissions of the General-Secretariat of the Council in the performance of its administrative tasks pursuant to this Decision shall be governed by Article 288, second paragraph, of the Treaty establishing the European Community. Article 235 of that Treaty shall therefore apply to any disputes relating to compensation for damage.Article 4The Secretary-General of the Council shall open a special bank account in his name for the purpose of taking up, as from the date of the entry into force of the Treaty of Amsterdam, the balance of the budget relating to the management, up till that date, by the Secretary-General of the Benelux Economic Union, of contracts with the companies mentioned in Article 1(1) and (2).Article 5This Decision shall take effect on the day of its adoption.Article 6This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 3 May 1999.For the CouncilThe PresidentJ. FISCHER


title: 2012/550/EU, Euratom: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Research Council Executive Agency for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/92

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Research Council Executive Agency for the financial year 2010
   (2012/550/EU, Euratom)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2010 (1),

               —

               having regard to the annual accounts of the European Union for the financial year 2010 (COM(2011) 473 – C7-0256/2011) (2),

               —

               having regard to the annual accounts of the European Research Council Executive Agency for the financial year 2010,

               —

               having regard to the Commission’s report on the follow-up to the discharge for the 2009 financial year (COM(2011) 736), and to the Commission staff working documents accompanying that report (SEC(2011) 1350 and SEC(2011) 1351),

               —

               having regard to the Commission’s annual report to the discharge authority on internal audits carried out in 2010 (COM(2011) 643), and to the Commission staff working document accompanying that report (SEC(2011) 1189),

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Research Council Executive Agency for the financial year 2010, together with the Agency’s reply (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2010 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 21 February 2012 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2010 (06084/2012 – C7-0052/2012), and noting that the United Kingdom, the Netherlands and Sweden have for the first time refused to recommend granting discharge,

               —

               having regard to Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 55, 145, 146 and 147 thereof,

               —

               having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (6), and in particular Article 14(3) thereof,

               —

               having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (7), and in particular the first and second paragraphs of Article 66 thereof,

               —

               having regard to Commission Decision 2008/37/EC of 14 December 2007 setting up the European Research Council Executive Agency for the management of the specific Community programme Ideas in the field of frontier research in application of Council Regulation (EC) No 58/2003 (8),

               —

               having regard to Rule 76 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A7-0098/2012),

               A.

               whereas under Article 17(1) of the Treaty on European Union the Commission shall execute the budget and manage programmes and shall do so, under Article 317 of the Treaty on the Functioning of the European Union in cooperation with the Member States on its own responsibility, having regard to the principle of sound financial management,

               1.

               Grants the Director of the European Research Council Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution that forms an integral part of its Decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2010, Section III – Commission and executive agencies;

               3.

               Instructs its President to forward this Decision, together with its Decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2010, Section III – Commission and the resolution that forms an integral part of those Decisions, to the Director of the European Research Council Executive Agency, the Council, the Commission, the Court of Justice of the European Union and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 64, 12.3.2010.

      (2)  OJ C 332, 14.11.2011, p. 1.

      (3)  OJ C 366, 15.12.2011, p. 69.

      (4)  OJ C 332, 14.11.2011, p. 134.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  OJ L 11, 16.1.2003, p. 1.

      (7)  OJ L 297, 22.9.2004, p. 6.

      (8)  OJ L 9, 12.1.2008, p. 15.


Avis juridique important

|

31997D0059

Commission Decision of 27 November 1996 approving the programme for the eradication of bovine tuberculosis for 1997 presented by Spain and fixing the level of the Community's financial contribution (Only the Spanish text is authentic)

Official Journal L 023 , 24/01/1997 P. 0019 - 0019

COMMISSION DECISION of 27 November 1996 approving the programme for the eradication of bovine tuberculosis for 1997 presented by Spain and fixing the level of the Community's financial contribution (Only the Spanish text is authentic) (97/59/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), as last amended by Decision 94/370/EC (2), and in particular Article 24 thereof,Whereas Council Decision 90/424/EEC provides for the possibility of financial participation by the Community in the eradication and surveillance of bovine tuberculosis;Whereas by letter, Spain has submitted a programme for the eradication of bovine tuberculosis;Whereas after examination of the programme it was found to comply with all Community criteria relating to the eradication of the disease in conformity with Council Decision 90/638/EEC of 27 November 1990 laying down Community criteria for the eradication and monitoring of certain animal diseases (3) as amended by Directive 92/65/EEC (4);Whereas this programme appears on the priority list of programmes for the eradication and surveillance of animal diseases which can benefit from financial participation from the Community for 1997 and which was established by Commission Decision 96/598/EC (5);Whereas in the light of the importance of the programme for the achievement of Community objectives in the field of animal health, it is appropriate to fix the financial participation of the Community at 50 % of the costs incurred by Spain up to a maximum of ECU 8 240 000;Whereas a financial contribution from the Community shall be granted in so far as the actions provided for are carried out and provided that the authorities furnish all the necessary information within the time limits provided for;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1The programme for the eradication of bovine tuberculosis presented by Spain is hereby approved for the period from 1 January to 31 December 1997.Article 2Spain shall bring into force by 1 January 1997 the laws, regulations and administrative provisions for implementing the programme referred to in Article 1.Article 31. Financial participation by the Community shall be at the rate of 50 % of the costs of testing and those incurred in Spain by way of compensation for owners for the slaughter of animals up to a maximum of ECU 8 240 000.2. The financial contribution of the Community shall be granted subject to:- forwarding a report to the Commission every three months on the progress of the programme and the costs incurred,- forwarding a final report on the technical execution of the programme accompanied by justifying evidence as to the costs incurred by 1 June 1998 at the latest.Article 4This Decision is addressed to the Kingdom of Spain.Done at Brussels, 27 November 1996.For the CommissionFranz FISCHLERMember of the Commission(1) OJ No L 224, 18. 8. 1990, p. 19.(2) OJ No L 168, 2. 7. 1994, p. 31.(3) OJ No L 347, 12. 12. 1990, p. 27.(4) OJ No L 268, 14. 9. 1992, p. 54.(5) OJ No L 264, 17. 10. 1996, p. 24.


Avis juridique important

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32003D0296

2003/296/EC: Commission Decision of 28 April 2003 appointing members of the Committee for Orphan Medicinal Products (Text with EEA relevance)

Official Journal L 106 , 29/04/2003 P. 0035 - 0035

Commission Decisionof 28 April 2003appointing members of the Committee for Orphan Medicinal Products(Text with EEA relevance)(2003/296/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products(1), and in particular Article 4(3) thereof,Whereas:(1) The term of office of the members of the Committee for Orphan Medicinal Products, hereinafter "the Committee" set up in accordance with Article 4 of Regulation (EC) No 141/2000 expires on 15 April 2003. It is necessary, therefore, to appoint a new member and to renew the terms of office of certain existing members.(2) The European Agency for the Evaluation of Medicinal Products has recommended three persons for nomination.(3) The members of the Committee should be appointed for a period of three years starting on 16 April 2003,HAS DECIDED AS FOLLOWS:Article 11. The following is hereby appointed member of the Committee for Orphan Medicinal Products, hereinafter referred to as "the Committee", to represent patients' organisations for a term of three years, from 16 April 2003:Birthe Holm.2. The following are hereby reappointed members of the Committee to represent patients' organisations for a term of three years, from 16 April 2003:Yann Le CamAlastair Kent.Article 2On the recommendation of the European Agency for the Evaluation of Medicinal Products, the following are hereby reappointed members of the Committee for a term of three years, from 16 April 2003:Dr Eric AbadieDr David LyonsProf. Gianmartino Benzi.Done at Brussels, 28 April 2003.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 18, 22.1.2000, p. 1.


title: 2005/388/EC: Commission Decision of 2 May 2005 concerning the measures necessary as regards an obstacle to trade constituted by trade practices maintained by Brazil affecting trade in retreaded tyres (notified under document number C(2005) 1302)

text:
               21.5.2005

               EN

               Official Journal of the European Union

               L 128/71

      COMMISSION DECISION

   of 2 May 2005
   concerning the measures necessary as regards an obstacle to trade constituted by trade practices maintained by Brazil affecting trade in retreaded tyres
   (notified under document number C(2005) 1302)
   (2005/388/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 (1) laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community’s rights under international trade rules, in particular those established under the auspices of the World Trade Organisation (WTO), and in particular Articles 12(1) and 13(2) thereof,
   Whereas:

               (1)

               On 5 November 2003, the Commission received a complaint pursuant to Article 4 of Regulation (EC) No 3286/94 (the Trade Barriers Regulation). The complaint was lodged by the Bureau international permanent des associations de vendeurs et rechapeurs de pneumatiques (Bipaver).

               (2)

               The complaint concerned certain alleged Brazilian trade practices that prevented the importation into Brazil of retreaded tyres (2). In particular, the complaint alleged that these practices were inconsistent with Articles III and XI of the General Agreement on Tariffs and Trade 1994 (GATT 1994). On that basis, the complainant asked the Commission to take the necessary action.

               (3)

               The complaint contained sufficient evidence to justify the initiation of a Community examination procedure pursuant to Article 8(1) of the Trade Barriers Regulation. Consequently, the Commission initiated the procedure after consulting with the Member States in the framework of the Advisory Committee, on 7 January 2004 (3).

               (4)

               Following the initiation of the examination procedure, the Commission carried out an investigation. The investigation concerned an alleged import ban and financial penalties relating to imported retreaded tyres.

               (5)

               The investigation considered the relevant Brazilian legislation relating to the import ban and the imposition of financial penalties, and equally took into account the views expressed by the various Brazilian Government Ministries, as well as Brazilian trade associations.

               (6)

               The investigation concluded that the Brazilian measures under investigation are inconsistent with several provisions of GATT 1994, specifically Articles I:1, III:4, XI:1 and XIII:1, and are not justified under Article XX of GATT 1994, the Enabling Clause or other applicable instruments of international law. Since the WTO Agreement prohibits the challenged practices, there is evidence of an obstacle to trade in the sense of Article 2(1) of the Trade Barriers Regulation.

               (7)

               The investigation showed that Brazil was an important market for European manufactures of retreaded tyres prior to the introduction of the ban on 25 September 2000. In the period 1995 to 2000 exports of retreaded tyres to Brazil for passenger cars rose at an average of 58 % and for the first time in the six-year period dropped by 32 % in 2001, i.e. after the imposition of the ban.

               (8)

               Whilst exports continued after the ban’s imposition, either on account of import licenses that were still in circulation, or as result of legal challenge by some importers through the Brazilian courts, it is evident that the market was gradually being closed off to European exporters. Whilst many of the Community exporters were eventually able to find new markets, they were still unable to compensate for what had been a large proportion of their export revenue. Not all were successful in finding new markets, or in creating new lines of retreaded tyre for specialist vehicles (4×4, sports, etc.) and therefore the ban, combined with other factors (late payment by the Brazilian importer, exchange-rate fluctuations) drove some Community producers into receivership.

               (9)

               The evidence clearly shows that Community industry has suffered and continues to suffer adverse effects within the meaning of Article 2(4) of the Trade Barriers Regulation.

               (10)

               Export data and the replies to the questionnaires sent by the Commission to European producers and exporters of retreaded tyres support Community industry’s claim that Brazil had been an important export market prior to the imposition of the ban and that they had anticipated annual sales reaching 3 million units by the end of 2002. The evidence also corroborates their claim that they have been suffering for the past three years as a result of the Brazilian import ban. In some instances, companies which were unable to find new export markets went into liquidation.

               (11)

               On the basis of the above, it can be concluded that it is in the Community’s interest in the sense of Article 12(1) of the Trade Barriers Regulation to take action, within the WTO framework, to seek a rapid removal of the Brazilian import ban on retreaded tyres, which represents a breach of fundamental WTO rules and an obstacle to trade in the sense of Article 2(1) of the Trade Barriers Regulation.

               (12)

               It is of utmost importance for the Community to ensure that WTO partners fully comply with their obligations, just as the Community is required to do. It is therefore fundamental for the good functioning of the multilateral trading system that this incompatibility with WTO rules should be addressed in that forum.

               (13)

               Attempts to resolve this dispute through numerous meetings with the Brazilian authorities since the imposition of the ban, and throughout the course of this investigation, have failed to identify a willingness on the part of the Brazilian authorities to reach a mutually agreed solution. In the absence of any likelihood that the Brazilian position will change, the initiation of a procedure within the framework of the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes is therefore deemed necessary.

               (14)

               The measures provided for in this Decision are in accordance with the opinion of the TBR Committee,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Brazilian Government’s imposition of an import ban on retreaded tyres and the related financial penalties appear to be inconsistent with Brazil’s obligations under the Marrakech Agreement Establishing the World Trade Organisation and, in particular, provisions of the General Agreement on Tariffs and Trade 1994, and constitutes an obstacle to trade within the meaning of Article 2(1) of Regulation (EC) No 3286/94.
   Article 2
   The Community will initiate dispute settlement proceedings against Brazil under the Understanding on Rules and Procedures Governing the Settlement of Disputes and other relevant WTO provisions with a view to securing removal of the obstacle to trade.

      Done at Brussels, 2 May 2005.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 349, 31.12.1994, p. 71. Regulation as amended by Regulation (EC) No 356/95 (OJ L 41, 23.2.1995, p. 3).

      (2)  The proceeding concerns retreaded tyres falling under the codes 4012 11, 4012 12, 4012 13 and 4012 19 of the Combined Nomenclature. Retreaded tyres (also referred to as retreads) are tyres that are produced by removing the worn part of a used tyre and reconditioning it with a new tread.

      (3)  OJ C 3, 7.1.2004, p. 2.