Avis juridique important

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31999D0323

1999/323/EC: Council Decision of 3 May 1999 on the establishment of a Financial Regulation governing the budgetary aspects of the management by the Secretary- General of the Council, of contracts concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of the Help Desk Server of the Management Unit and of the Sirene Network Phase II

Official Journal L 123 , 13/05/1999 P. 0051 - 0055

COUNCIL DECISIONof 3 May 1999on the establishment of a Financial Regulation governing the budgetary aspects of the management by the Secretary-General of the Council, of contracts concluded in his name, on behalf of certain Member States, relating to the installation and the functioning of the "Help Desk Server" of the Management Unit and of the Sirene Network Phase II(1999/323/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the first sentence of the second subparagraph of Article 2(1) of the Protocol annexed to the Treaty on European Union and to the Treaty establishing the European Community, integrating the Schengen acquis into the framework of the European Union,(1) Whereas the Secretary General of the Council was authorised by the Council Decision 1999/322/EC of 3 May 1999 to act, in the context of the integration of the Schengen acquis within the European Union, as representative of certain Member States for the purposes of concluding contracts relating to the installation and the functioning of the "Help Desk Server" of the Management Unit and of the Sirene Network Phase II and to manage such contracts(1);(2) Whereas the financial obligations arising under those contracts are not borne by the budget of the European Communities; whereas, therefore, the provisions of the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities(2) do not apply;(3) Whereas it is therefore necessary to establish specific rules to define the detailed procedures for establishing and implementing the budget required to meet the obligations arising under those contracts, for recovering the contributions to be paid by the States concerned and for the presentation and auditing of the accounts,HAS DECIDED AS FOLLOWS:CHAPTER IGeneral principlesArticle 1For the purposes of this Financial Regulation, the "budget" is the instrument which sets out forecasts of, and authorises in advance, for each financial year, the revenue and expenditure required to meet the obligations arising under the contracts referred to in the Council Decision of 3 May 1999.Article 2This Financial Regulation lays down the detailed rules for the establishment and implementation of the budget.Article 31. The budget shall be subdivided into titles according to the contracts to be managed. The title concerning the contract referred to in Article 1(1) of the Council Decision of 3 May 1999 shall be subdivided into chapters covering the installation budget and the operating budget for the Sirene Network Phase II respectively. If necessary, each chapter shall be subdivided into articles.2. Appropriations opened under each title may not be assigned to other expenditure titles.Article 41. All revenue and expenditure shall be entered in full in the budget and in the accounts without any adjustment against each other. Total revenue shall cover total expenditure.2. The financial year shall run from 1 January to 31 December.3. Any budget contributions by the States referred to in Article 21 paid before the beginning of the financial year which they concern shall be credited to the budget for that financial year.4. The expenditure of a financial year shall be entered in the accounts for that year on the basis of expenditure for which the financial controller received authorisation no later than 31 December and for which the corresponding payments were made by the accounting officer before the following 15 January.CHAPTER IIEstablishment of the budgetArticle 51. The budget shall be drawn up in euro.2. The Secretary-General of the Council shall forward the preliminary draft budget to the Schengen Information System Working Group, hereafter referred to as the "SIS Working Group", before 30 September and attach an explanatory memorandum.3. The SIS Working Group shall deliver its opinion on that preliminary draft.4. The Secretary-General shall establish the draft budget and forward it by 31 October to the States referred to in Article 21.5. The Member States referred to in Article 21, meeting within the Council, shall adopt the budget before the end of the year.6. The decision to adopt the budget, duly notified by the Secretary-General to the States referred to in Article 21, shall mark the point at which those States' contributions fall due.Article 61. If the budget has not been finally adopted at the beginning of the financial year:- payments may be made for up to one twelfth each month of the total appropriations authorised for each budget title for the preceding financial year;- the contributions of the States referred to in Article 21 may be called up for up to one twelfth each month of the contributions paid under the last duly adopted budget.2. Each decision to use an expenditure and revenue twelfth, up to a total of three twelfths of the amounts entered in the last duly adopted budget, shall be taken by the Secretary-General, who shall forward it by letter to the States referred to in Article 21.3. Above the limit of three twelfths of the amounts entered in the last duly adopted budget, any decision to authorise payments and call up contributions shall be taken by the Member States referred to in Article 21, meeting within the Council.4. Any measures taken pursuant to the preceding paragraphs shall be terminated immediately on final adoption of the budget.Article 71. Any draft supplementary or amending budgets shall be submitted, examined and adopted in the same form and using the same procedure as the budget whose estimates they are amending.2. An amending budget shall be submitted on an annual basis, in the month following the closure of the accounts as laid down in Article 25(1), with the aim of entering the balance of the budget outturn from the previous financial year as revenue in the case of a positive balance or expenditure if the balance is negative.Article 8The budget may be released to the public.CHAPTER IIIImplementation of the budget and accountancyArticle 9The budget shall be implemented in accordance with the principle that the authorising officer and the accounting officer are different individuals. The duties of authorising officer, accounting officer and financial controller shall be mutually incompatible.Article 101. The task of authorising officer for revenue and expenditure shall be carried out by a Director-General at the General Secretariat of the Council. The authorising officer shall implement the budget on behalf of the Secretary-General and within the limits of the appropriations allotted he may delegate his powers to a Director.2. The authorising officer may decide on transfers between articles within each chapter. With the agreement of the SIS Working Group, he may decide on transfers between chapters within the same title. The SIS Working Group shall give its agreement under the same conditions as for adopting its opinion on the budget.Article 11The task of financial controller shall be carried out by the Council's Financial Controller in accordance with the rules applicable to the latter's duties.Article 12The receipt of revenue and the disbursement of expenditure shall be carried out by an accounting officer from Directorate-General A at the General Secretariat of the Council.Article 131. For the collection of any amount owing pursuant to Article 21, the issue of a recovery order by the authorising officer shall be required. Recovery orders shall be forwarded to the accounting officer, who shall submit them to the financial controller for approval.2. The purpose of this approval shall be to establish that:- the revenue has been booked to the correct budget item,- the recovery order is in order and conforms to the relevant provisions,- the supporting documents are in order,- the competent authority of the debtor State is correctly described,- the due date is indicated,- the amount and currency are correct.3. The accounting officer shall assume responsibility for the recovery orders duly drawn up.Article 141. Any measure likely to involve expenditure against the budget must first be the subject of a proposal for a commitment of expenditure from the authorising officer to the accounting officer, showing the purpose, the amount involved, the budget item to which the expenditure is to be charged and the creditor. The proposal shall be submitted by the accounting officer to the financial controller for approval.2. The purpose of this approval shall be to establish that:- the proposal for commitment has been presented in accordance with paragraph 1,- the expenditure has been changed to the correct budget item,- the appropriations are available in the budget,- the expenditure is in order and conforms to the relevant provisions.Article 151. The purpose of validation of expenditure by the authorising officer shall be to:- verify the creditor's claim,- determine or verify the existence and the amount of the sum due,- verify the conditions under which the payment falls due,- verify that purchases or services rendered are as ordered.2. The authorising officer may have the verifications carried out under his responsibility.Article 161. The authorising officer shall authorise the accounting officer, by the issue of a payment order (authorisation), to pay an item of expenditure which has been validated.2. The authorisation shall state:- the financial year against which the payment shall be charged,- the budget title, chapter and article,- the amount to be paid, in figures and in words, and the currency of payment,- the name and address of the creditor,- the purpose of the expenditure,- the method of payment,- the numbers and dates of the relevant approvals of commitment.3. The payment order shall be dated and signed by the authorising officer.4. The accounting officer shall submit the payment order, together with the original supporting documents, to the financial controller for approval.5. The purpose of this approval shall be to establish that:- the payment order was properly issued,- the payment order agrees with the commitment of expenditure and the amount thereof is correct,- the expenditure is charged to the correct item in the budget,- the appropriations are available in the budget title or article concerned,- the supporting documents are in order, and- the creditor is correctly named and described.6. Any expenditure must be covered beforehand by contributions from the States referred to in Article 21 or, failing those, by a bank loan. The costs of a pre-financing loan in the event of non-payment of contributions shall be divided among the States in default, pro rata to their unpaid contributions and taking into account the length of arrears.Article 17Payments shall be effected through a bank account specifically opened for that purpose in the name of the General Secretariat of the Council. Bank transfer orders shall require the joint signature of two officials nominated by the Secretary-General, of whom one shall be the accounting officer.Article 18Should the financial controller refuse to give the approval laid down in Articles 13, 14 or 16 and the authorising officer maintain his proposal, the matter shall be referred to the Secretary-General. Except in cases where the availability of appropriations is in doubt, the Secretary-General may, in a duly reasoned decision, overrule the refusal and confirm the recovery order, expenditure commitment or payment order. The Secretary-General shall within one month inform the Court of Auditors of any such decision. The decision shall be enforceable as from the date approval was refused.Article 19The liability to disciplinary action of the authorising officer, financial controller, and accounting officer in the event of failure to comply with the provisions of this Financial Regulation shall be as laid down in the Staff Regulations of Officials of the European Communities.Article 20The accounts shall be kept by the double-entry method on the basis of the calendar year. They shall show all revenue and expenditure for the financial year.CHAPTER IVStates' contributionsArticle 211. Budget revenue shall consist of financial contributions from the following Member States: Belgium, Denmark, Germany, Greece, Spain, France, Italy, Luxembourg, the Netherlands, Austria, Portugal, Finland, and Sweden, as well as Iceland and Norway.2. These States' financial contributions shall be laid down in the budget and expressed in euro.Article 22The States referred to in Article 21 shall supply their financial contributions to the Secretary-General in accordance with the following formula:The scale of contributions to be paid by the Member States referred to in Article 21, on the one hand, and by Iceland and Norway ("the other States"), on the other hand, shall be calculated annually on the basis of the share of each Member State concerned and of the other States in the total gross domestic product (GDP) for the preceding year of all the States referred to in Article 21. The scale of contributions by the Member States concerned shall be calculated annually, taking into account the other States' contributions, on the basis of the ratio of the VAT resources paid by each of those Member States to the total VAT resources of the European Communities, as established in the last amendment of the budget of the Communities during the preceding financial year.Article 231. The Secretary-General shall forward requests for contributions to each State referred to in Article 21 by letter through the national administrations whose details have been notified to him.2. The letter concerned shall contain the following information:- the decision to adopt the budget or, in the event of Article 6 being invoked, the decision to call up contributions by provisional twelfths,- the amount to be paid by each State, calculated in euro in accordance with the scale referred to in Article 22,- the details necessary for paying the contribution.3. Contributions shall be paid into the bank account referred to in Article 17.4. They shall be payable in euro.Article 241. The States referred to in Article 21 shall be required to pay 25 % of their contribution by 15 February, 1 April, 1 July and 1 October at the latest.2. Should a State have defaulted on its financial obligations, the existing Community rules on interest chargeable in the event of late payment of contributions to the Community budget shall apply by analogy.CHAPTER VPresenting and auditing the accountsArticle 251. The Secretary-General shall, within two months from the end of the budget implementation period, draw up a revenue and expenditure account and a balance sheet and transmit them to the SIS Working Group.2. The revenue and expenditure account shall cover all revenue and expenditure transactions relating to the preceding financial year. It shall be submitted in the same form and following the same subdivisions as the budget.3. The following shall be attached to the account:- a statement showing the situation of each of the States referred to in Article 21 as regards payment of its financial contribution, and- an appropriation transfer statement.4. The balance sheet shall show the budget assets and liabilities as at 31 December of the preceding financial year.Article 261. The Court of Auditors shall be asked to audit the accounts.2. The Secretary-General shall forward the revenue and expenditure account and the balance sheet to the Court of Auditors within 15 days following the period laid down in Article 25(1).3. The purpose of the audit by the Court of Auditors shall be to establish that all revenue has been received and all expenditure incurred in a lawful and regular manner in accordance with the contracts to be managed, the budget and this Financial Regulation.4. The Secretary-General shall provide the Court of Auditors with every facility it may consider necessary in order to carry out its task.Article 27The revenue and expenditure account, balance sheet and report by the Court of Auditors, accompanied where appropriate by the Secretary-General's comments, shall be submitted by 1 July to the States referred to in Article 21. The Member States referred to in Article 21, meeting within the Council, shall give a discharge to the Secretary-General in respect of the budget's implementation.CHAPTER VIFinal provisionsArticle 28The introduction of the provisions of the Schengen acquis concerning the Schengen Information System for a State other than those referred to in Article 21, hereafter referred to as "other State" shall entail:- readjustment of the share of contributions of the States referred to in Article 21 as laid down in Article 22,- adjustment of the contributions of the States referred to in Article 21 in order to establish the contribution payable by the other State to the operation of Sirene Stage II for the whole of the current financial year,- adjustment of the contributions of the States referred to in Article 21 in order to establish the proportion of earlier Sirene Stage II installation costs to be borne by the other State. This percentage shall be calculated on the basis of the ratio of the VAT resources paid by the other State to the total VAT resources of the European Communities for the earlier financial years in which the necessary Sirene Stage II installation costs have been incurred. The percentage contribution shall be the subject of a "credit note" to the States referred to in Article 21 for an amount pro rata to their share as calculated in accordance with Article 22. The other States may choose to allocate the amount concerned towards their share of the operating budget or request reimbursement.Article 29This Financial Regulation shall apply mutatis mutandis to the implementation of the revenue and expenditure required to meet the obligations arising under the contracts referred to in Article 1 of the Council Decision of 3 May 1999 for the remaining period of the financial year in which this Regulation enters into force.Article 301. This Financial Regulation shall take effect immediately.2. It shall be published in the Official Journal of the European Communities.Done at Brussels, 3 May 1999.For the CouncilThe PresidentJ. FISCHER(1) See page 49 of this Official Journal.(2) OJ L 356, 31.12.1977, p. 1.


title: Council Decision of 11 April 2016 renewing the Governing Board of the European Centre for the Development of Vocational Training

text:
               19.4.2016

               EN

               Official Journal of the European Union

               C 137/2

         COUNCIL DECISION
   of 11 April 2016
   renewing the Governing Board of the European Centre for the Development of Vocational Training
   (2016/C 137/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nomination submitted by the Austrian government,
   Having regard to the nominee submitted to the Council by the Commission as regards the Employers’ representatives,
   Whereas:

               (1)

               By its Decisions of 14 July 2015 (2) and of 14 September 2015 (3), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2015 to 17 September 2018.

               (2)

               A member’s seat is available for Austria on the Governing Board of the Centre in the category of Government representatives as a result of the resignation of Mr Reinhard NÖBAUER.

               (3)

               A member’s seat on the Governing Board of the Centre in the category of representatives of Employers’ organisations has become vacant for Cyprus as a result of the resignation of Mr Michael PILIKOS.

               (4)

               The members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2018,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following people are hereby appointed members of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of its term of office, which runs until 17 September 2018:
   GOVERNMENT REPRESENTATIVES:

               AUSTRIA

               Mr Eduard STAUDECKER

         REPRESENTATIVES OF EMPLOYERS’ ORGANISATIONS:

               CYPRUS

               Mr Michael ANTONIOU

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

      Done at Luxembourg, 11 April 2016.

            For the Council

            The President

         M.H.P. VAN DAM

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 232, 16.7.2015, p. 2.

      (3)  OJ C 305, 16.9.2015, p. 2.


Avis juridique important

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31980D0220

80/220/EEC: Council Decision of 18 February 1980 replacing an alternate member of the Committee of the European Social Fund

Official Journal L 049 , 23/02/1980 P. 0017

****( 1 ) OJ NO L 249 , 10 . 11 . 1971 , P . 54 .  ( 2 ) OJ NO 56 , 31 . 8 . 1960 , P . 1201/60 .  ( 3 ) OJ NO L 91 , 12 . 4 . 1968 , P . 25 .        COUNCIL DECISION   OF 18 FEBRUARY 1980   REPLACING AN ALTERNATE MEMBER OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND  ( 80/220/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO REGULATION ( EEC ) NO 2396/71 ( 1 ) CONCERNING THE EUROPEAN SOCIAL FUND ,   HAVING REGARD TO THE RULES OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND ( 2 ), AS AMENDED BY THE COUNCIL DECISION OF 9 APRIL 1968 ( 3 ), AND IN PARTICULAR ARTICLE 7 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 17 APRIL 1978 APPOINTING THE MEMBERS AND ALTERNATE MEMBERS OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND FOR THE PERIOD ENDING 16 APRIL 1980 ,   WHEREAS ONE SEAT AS ALTERNATE MEMBER OF THE AFORESAID COMMITTEE IN THE EMPLOYERS '  REPRESENTATIVE CATEGORY HAS FALLEN VACANT FOLLOWING THE RESIGNATION OF DR PAGGI , NOTIFIED TO THE COUNCIL ON 30 JANUARY 1980 ;   HAVING REGARD TO THE NOMINATION SUBMITTED ON 30 JANUARY 1980 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   DR MARIA IDA JACONE IS HEREBY APPOINTED ALTERNATE MEMBER OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND IN PLACE OF DR PAGGI FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 16 APRIL 1980 .   DONE AT BRUSSELS , 18 FEBRUARY 1980 .   FOR THE COUNCIL   THE PRESIDENT   G . MARCORA


title: Council Decision 2014/449/CFSP of 10 July 2014 concerning restrictive measures in view of the situation in South Sudan

text:
               11.7.2014

               EN

               Official Journal of the European Union

               L 203/100

         COUNCIL DECISION 2014/449/CFSP
   of 10 July 2014
   concerning restrictive measures in view of the situation in South Sudan
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 18 July 2011, the Council adopted Decision 2011/423/CFSP (1).

               (2)

               On 20 January 2014, the Council concluded that targeted restrictive measures against individuals obstructing the peace process in South Sudan, in support of efforts by the African Union (AU) and the Intergovernmental Authority on Development and in close coordination with international partners, should be considered. On 17 March 2014, the Council reiterated that it stood ready to consider such measures in relation to South Sudan.

               (3)

               The Council has remained seriously concerned about the situation in South Sudan. Therefore, restrictive measures targeting persons obstructing the political process in South Sudan, including by acts of violence or violations of ceasefire agreements, as well as persons responsible for serious violations of human rights in South Sudan, should be imposed.

               (4)

               For the sake of clarity, the restrictive measures targeting persons obstructing the political process in South Sudan or responsible for serious violations of human rights in South Sudan, and the restrictive measures already imposed by Decision 2011/423/CFSP, insofar as these concern South Sudan, should be integrated into a single legal instrument,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The sale, supply, transfer or export of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned to South Sudan by nationals of Member States or from the territories of Member States, or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.
   2.   It shall also be prohibited to:

               (a)

               provide, directly or indirectly, technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, South Sudan;

               (b)

               provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, as well as insurance or reinsurance for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, South Sudan;

               (c)

               participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the measures referred to in points (a) or (b).

         Article 2
   1.   Article 1 shall not apply to:

               (a)

               the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, or for institution-building programmes of the UN, the AU, the European Union or the Intergovernmental Authority on Development (IGAD), or of materiel intended for European Union, UN and AU crisis management operations;

               (b)

               the sale, supply, transfer or export of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use, in South Sudan, by personnel of the European Union and its Member States or by UN, AU or IGAD personnel;

               (c)

               the provision of technical assistance, brokering services and other services related to the equipment or to the programmes and operations referred to in point (a);

               (d)

               the provision of financing and financial assistance related to the equipment or to the programmes and operations referred to in point (a);

               (e)

               the sale, supply, transfer or export of de-mining equipment and materiel for use in de-mining operations;

               (f)

               the sale, supply, transfer or export of non-lethal military equipment intended solely for the support of the process of Security Sector Reform in South Sudan as well as the provision of financing, financial assistance or technical assistance related to such equipment;

         provided that such deliveries have been approved in advance by the competent authority of the Member State in question.
   2.   Article 1 shall also not apply to protective clothing, including flak jackets and military helmets, temporarily exported to South Sudan by personnel of the European Union, or its Member States, by UN or IGAD personnel, or by representatives of the media, humanitarian and development workers and associated personnel for their personal use only.
   3.   Member States shall consider deliveries under this Article on a case-by-case basis, taking full account of the criteria set out in Council Common Position 2008/944/CFSP (2). Member States shall require adequate safeguards against misuse of authorisations granted under this Article and, where appropriate, make provisions for repatriation of the equipment.
   Article 3
   1.   Member States shall take the measures necessary to prevent the entry into, or transit through, their territories of persons obstructing the political process in South Sudan, including by acts of violence or violations of ceasefire agreements, as well as persons responsible for serious violations of human rights in South Sudan, and persons associated with them, as listed in the Annex.
   2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
   3.   Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

               (a)

               as a host country of an international intergovernmental organisation;

               (b)

               as a host country to an international conference convened by, or under the auspices of, the UN;

               (c)

               under a multilateral agreement conferring privileges and immunities; or

               (d)

               pursuant to the 1929 Treaty of Conciliation (Lateran Pact) concluded by the Holy See (Vatican City State) and Italy.

         4.   Paragraph 3 shall be considered as applying also in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).
   5.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 3 or 4.
   6.   Member States may grant exemptions from the measures imposed under paragraph 1 where travel is justified on grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings and meetings promoted by the European Union or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes the policy objectives of restrictive measures, including democracy, human rights and the rule of law in South Sudan.
   7.   A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raise an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
   8.   Where, pursuant to paragraphs 3, 4, 6 and 7 a Member State authorises the entry into, or transit through, its territory of persons listed in the Annex, the authorisation shall be strictly limited to the purpose for which it is given and to the persons directly concerned thereby.
   Article 4
   1.   All funds and economic resources belonging to, owned, held or controlled by persons obstructing the political process in South Sudan, including by acts of violence or violations of ceasefire agreements, as well as persons responsible for serious violations of human rights in South Sudan, and natural or legal persons, entities or bodies associated with them, as listed in the Annex, shall be frozen.
   2.   No funds or economic resources shall be made available directly or indirectly to or for the benefit of the natural or legal persons, entities or bodies listed in the Annex.
   3.   The competent authority of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:

               (a)

               necessary to satisfy the basic needs of the persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

               (b)

               intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

               (c)

               intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; or

               (d)

               necessary for extraordinary expenses, provided that the competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation.

         The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
   4.   By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:

               (a)

               the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in paragraph 1 was listed in the Annex, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;

               (b)

               the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

               (c)

               the decision is not for the benefit of a natural or legal person, entity or body listed in the Annex; and

               (d)

               recognition of the decision is not contrary to public policy in the Member State concerned.

         The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this paragraph.
   5.   Paragraph 1 shall not prevent a listed natural or legal person, entity or body from making a payment due under a contract entered into prior to the date on which such natural or legal person, entity or body was listed in the Annex, provided that the Member State concerned has determined that the payment is not, directly or indirectly, received by a natural or legal person, entity or body referred to in paragraph 1.
   6.   Paragraph 2 shall not apply to the addition to frozen accounts of:

               (a)

               interest or other earnings on those accounts;

               (b)

               payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the measures provided for in paragraphs 1 and 2; or

               (c)

               payments due under judicial, administrative or arbitral decisions rendered in the Union or enforceable in the Member State concerned;

         provided that any such interest, other earnings and payments remain subject to the measures provided for in paragraph 1.
   Article 5
   1.   The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall decide to establish and amend the list in the Annex.
   2.   The Council shall communicate the decision referred to in paragraph 1, including the grounds for the listing, to the natural or legal person, entity or body concerned, either directly, if the address is known, or through the publication of a notice, providing such natural or legal person, entity or body with an opportunity to present observations.
   3.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review the decision referred to in paragraph 1 and inform the natural or legal person, entity or body concerned accordingly.
   Article 6
   1.   The Annex shall include the grounds for listing the persons referred to in Article 3(1) and Article 4(1).
   2.   The Annex shall also contain, where available, the information necessary to identify the persons concerned. Such information may include names, including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address if known, and function or profession. With regard to legal persons, entities or bodies, such information may include names, place and date of registration, registration number and place of business.
   Article 7
   In order to maximise the impact of the measures set out in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those provided for in this Decision.
   Article 8
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
   This Decision shall apply until 12 July 2015.
   This Decision shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.

      Done at Brussels, 10 July 2014.

            For the Council

            The President

         S. GOZI

      (1)  Council Decision 2011/423/CFSP of 18 July 2011 concerning restrictive measures against Sudan and South Sudan and repealing Common Position 2005/411/CFSP (OJ L 188, 19.7.2011, p. 20).

      (2)  Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (OJ L 335, 13.12.2008, p. 99).

      ANNEX
      List of natural or legal persons, entities or bodies referred to in Articles 3 and 4

                  Name

                  Identifying information

                  Reasons

                  Date of listing

                  1.

                  Santino DENG
                  (a.k.a.: Santino Deng Wol)

                  Commander of the third Infantry Division of the Sudan People's Liberation Army (SPLA)

                  Santino Deng is commander of the third Infantry Division of the SPLA that took part in in the recapture of Bentiu in May 2014. Santino Deng is thus responsible for violations of the 23 January Cessation of Hostilities Agreement.

                  11.7.2014

                  2.

                  Peter GADET
                  (aka: Peter Gatdet Yaka; Peter Cadet; Peter Gadet Yak; Peter Gadet Yaak: Peter Gatdet Yaak; Peter Gatdet; Peter Gatdeet Yaka)

                  Leader of the anti-government Nuer militia
                  Place of Birth: Mayom County Unity State

                  Peter Gadet is leader of the anti-government Nuer militia that conducted an attack on Bentiu on 15 - 17 April 2014, in violation of the January 23rd Cessation of Hostilities Agreement. The attack resulted in the killing of more than 200 civilians. Peter Gadet is thus responsible for fuelling the cycle of violence, thus obstructing the political process in South Sudan, and for serious human rights violations.

                  11.7.2014


Avis juridique important

|

31987D0073

87/73/EEC: Commission Decision of 7 January 1987 on the setting-up of an Advisory Committee on Poultrymeat

Official Journal L 045 , 14/02/1987 P. 0010 - 0012 Finnish special edition: Chapter 3 Volume 22 P. 0146  Swedish special edition: Chapter 3 Volume 22 P. 0146

COMMISSION DECISION of 7 January 1987 on the setting-up of an Advisory Committee on Poultrymeat (87/73/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the Advisory Committee on Poultrymeat was set up by Commission Decision 73/419/EEC (1) as last amended by Decision 83/77/EEC (2);  Whereas, following the accession of new Member States to the Community, the number of seats on the Committee should be increased and they should be reallocated; whereas the procedure for the replacement of members should also be adjusted;  Whereas the provisions concerning the Advisory Committee on Poultrymeat have been amended several times and have therefore become difficult to apply; whereas they should therefore be consolidated;  Whereas the Commission should seek the views of producers, traders and consumers on matters arising in connection with the operation of the common organization of the market in poultrymeat;  Whereas all the occupations directly involved in the implementation of the market organization in question, and also consumers, must have an opportunity to participate in the drafting of the opinions requested by the Commission;  Whereas the trade associations concerned and the consumer groups in the Member States have set up organizations at Community level which are in a position to represent those concerned in all the Member States,  HAS DECIDED AS FOLLOWS:    Article 1 1.  There shall be attached to the Commission an Advisory Committee on Poultrymeat, hereinafter called the 'Committee'.  2.  The Committee shall be composed of representatives of the following interests: farmers, cooperatives, the processing and food-manufacturing industries, traders in agricultural produce and foodstuffs, agricultural workers and workers in the  processing and food manufacturing industries, consumers.  (3) OJ No L 355, 24. 12. 1973, p. 34.  (4) OJ No L 51, 24. 2. 1983, p. 34.  Article 2 1.  The Committee may be consulted by the Commission on any problem concerning the operation of Regulations on the common organization of the Market in poultrymeat und in particular on measures to be adopted by the Commission under those  Regulations.  2.  The chairman of the Committee may indicate to the Commission the desirability of consulting the Committee on any matter within the latter's competence on which its opinion has not been sought. He shall do so, in particular, at the request of one of  the interests represented.  Article 3 1.  The Committee shall consist of 30 members.  2.  Seats on the Committee shall be apportioned as follows:  - 15 to agricultural producers and cooperatives of the sector,  - three to representatives of the poultry-slaughtering industry,  - four to representatives of the poultry trade, including one to supermarkets,  - four to representatives of agricultural workers and workers in the processing and food-manufacturing industries,  - four to consumers' representatives.  Article 4 1.  Members of the Committee shall be appointed by the Commission on proposals from the trade workers' organizations set up at Community level which are most representative of the interests specified in Article 1 (2) and whose activities come  within the scope of the common organization of the market in poultrymeat: consumers' representatives shall be appointed on proposals from the Consumers' Advisory Committee.  Those bodies shall for each seat to be filled put forward the names of two candidates of different nationality.  2.  The term of office for members of the Committee shall be three years. Their appointments may be renewed. Members shall not be remunerated for their services.  After expiry of the three years, members of the Committee shall remain in office until they are replaced or until their appointments are renewed.  In the event of the resignation or decease of a member or a request from the body having proposed a member that he be replaced, he shall be replaced in accordance with the procedure laid down in paragraph 1.  3.  A list of the members of the Committee shall be published by the Commission, for information purposes, in the Official Journal of the European Communities.  Article 5 1.  After consulting the Commission, the Committee shall elect a chairman for a period of three years.  The chairman shall be elected, in the case of the first ballot, by a two-thirds majority of the members present and, in the case of subsequent ballots, by a simple majority of the members present. In the event of a tie, the Commission shall provide a  chairman on a temporary basis.  2.  The Committee shall elect two vice-chairmen for a period of three years.  The vice-chairmen may not represent the same interest as the chairman.  The election shall take place in accordance with the procedure laid down in paragraph 1.  The Committee may, in accordance with the same procedure, elect other officers. In that case, the officers other than the chairman shall include not more than one representative of each interest represented on the Committee.  The officers shall prepare and organize the work of the Committee.  Article 6 1.  Only the Commission representatives, the members of the Committee, or persons replacing them in their absence, and persons invited in accordance with paragraphs 3 and 4 may participate in or attend meetings.  2.  Should a member be unable to attend a meeting, the organization or organizations to which a seat is allocated may appoint a person to take his place. This person shall be selected from a list drawn up by mutual agreement between the Commission and  the organization or organizations in question and containing a number of names equal to half the total numbers of members representing the organization or organizations in question. This number shall be not less than one and not more than 12.  The secretariat of the Committee must be informed of such replacement of a member at least seven days before a meeting.  3.  At the request of an organization to which one or more seats are allocated, the chairman may, in agreement with the Commission staff, invite its general secretary or a member of its secretariat to attend the meetings of the Committee as an observer.   Should he be unable to attend, however, the general secretary may have his seat as an observer taken by another person designated by him.  Observers shall not have the right to speak. They may, however, be invited to do so by the chairman in agreement with the Commission staff.  4.  At the request of an organization to which one or more seats are allocated, and when the matters on the agenda are of a highly technical nature outside the normal framework of the deliberations of the Committee, the chairman may, in agreement with  the Commission staff, invite one or more experts to take part in the deliberations of the Committee.  The Commission may, on its own initiative, invite any person particularly well qualified in one of the subjects on the agenda to take part in the deliberations of the Committee as an expert.  However, experts shall participate only in the discussion of the matter concerning which they were invited to attend.  Article 7 In agreement with the Commission staff, the Committee may set up working groups to facilitate its work.  Article 8 1.  The Committee shall be convened by the Commission and shall meet at Commission headquarters. Meetings of the officers shall be convened by the Chairman by arrangement with the Commission.  2.  Representatives of the Commission departments concerned shall take part in meetings of the Committee, its officers and working groups.  3.  Secretarial services for the Committee, its officers and working groups shall be provided by the Commission.  Article 9 The Committee shall discuss matters on which the Commission has requested on opinion. No vote shall be taken.  The Commission may, when seeking the opinion of the Committee, set a time limit within which such opinion shall be given.  The views expressed by the various interests represented shall be included in a report forwarded to the Commission.  In the event of unanimous agreement being reached in the Committee on the opinion to be given, the Committee shall formulate joint conclusions and attach them to the report.  The outcome of the Committee's discussions shall on request be communicated by the Commission to the Council and to the Management Committees.  Article 10 Without prejudice to the provisions of Article 214 of the Treaty, where the Commission informs them that the opinion requested or the question raised is on a matter of a confidential nature, members of the Committee shall be under an  obligation not to disclose information which has come to their knowledge through the work of the Committee or of its working groups.  In such cases, only Committee members and representatives of the Commission departments concerned may be present at meetings.  Article 11 Commission Decision 73/419/EEC is hereby repealed.  Article 12 This Decision shall enter into force on 1 January 1987.   Done at Brussels, 7 January 1987.  For the Commission Frans ANDRIESSEN Vice-President EWG:L111UMBE03.95 FF: 1UEN;   SETUP: 01;   Hoehe: 1285 mm;   204 Zeilen;   9245 Zeichen;  Bediener: MIKE   Pr.: C;  Kunde: ................................


Important legal notice

|

32004D0442

2004/442/EC: Council Decision of 26 April 2004 appointing a new member of the Commission of the European Communities

Official Journal L 127 , 29/04/2004 P. 0110 - 0110

Council Decisionof 26 April 2004appointing a new member of the Commission of the European Communities(2004/442/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 215 thereof,Whereas:On 17 April 2004 Mr Pedro SOLBES resigned from his post as a member of the Commission. He should be replaced for the remainder of his term of office,HAS DECIDED AS FOLLOWS:Article 1Mr Joaquín ALMUNIA AMANN is hereby appointed a member of the Commission for the period from 26 April 2004 to 31 October 2004.Article 2This Decision shall take effect on 26 April 2004.Article 3This Decision shall be published in the Official Journal of the European Union.Done at Luxembourg, 26 April 2004.For the CouncilThe PresidentB. Cowen


Avis juridique important

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32002D0228

2002/228/EC: Commission Decision of 14 March 2002 on the recognition of five Israeli test facilities found to be in conformity with good laboratory practice (GLP) requirements in their respective areas of expertise

Official Journal L 075 , 16/03/2002 P. 0068 - 0069

Commission Decisionof 14 March 2002on the recognition of five Israeli test facilities found to be in conformity with good laboratory practice (GLP) requirements in their respective areas of expertise(2002/228/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 1999/662/EC of 19 July 1999 concerning the conclusion of the Agreement on mutual recognition of OECD principles of good laboratory practice (GLP) and compliance monitoring programmes between the European Community and the State of Israel(1), and in particular Article 3(1) thereof,After consulting the Special Committee appointed by the Council,Whereas:(1) Following inspections carried out by designated EC inspectors between 28 March 1996 and 1 January 2000, in accordance with Article 12 of the Agreement on mutual recognition of OECD principles of good laboratory practice (GLP) and compliance monitoring programmes between the European Community and the State of Israel, five Israeli test facilities were found to be in compliance with GLP requirements in their respective areas of expertise.(2) In accordance with Article 12 of the Agreement, the abovementioned five test facilities should be recognised by the Community,HAS DECIDED AS FOLLOWS:Sole ArticleThe Community hereby recognises the five Israeli test facilities referred to in the Annex to be GLP compliant in their respective areas of expertise.Done at Brussels, 14 March 2002.For the CommissionPascal LamyMember of the Commission(1) OJ L 263, 9.10.1999, p. 6.ANNEXIsraeli test facilities found to be in compliance with the GLP and their area of expertiseAgan Chemical Manufacturers Ltd Analytical Laboratory 77102 Ashdod, Israel Area of expertise: Physical-Chemical testingAminolab Ltd Analytical Laboratory Services Weizmann Science Park 76326 Rehovot, Israel Area of expertise: Analytical and clinical chemistryAnalyst Research Laboratories Hamanov Street 3 76111 Rehovot, Israel Area of expertise: Physical-Chemical testing and Analytical and clinical chemistryHarlan Biotech Israel Ltd Kiryat Weizmann, Building 13B 76326 Rehovot, Israel Area of expertise: Toxicity studiesMakteshim Chemical Works Ltd Physicochemical Research 84100 Beer Sheva, Israel Area of expertise: Physical-Chemical


title: Commission Decision (EU) 2015/163 of 21 November 2014 on the compatibility with Union law of the measures to be taken by Poland pursuant to Article 14 of Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)

text:
               3.2.2015

               EN

               Official Journal of the European Union

               L 27/37

         COMMISSION DECISION (EU) 2015/163
   of 21 November 2014
   on the compatibility with Union law of the measures to be taken by Poland pursuant to Article 14 of Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (1), and in particular Article 14(2) thereof,
   Having regard to the opinion of the committee established pursuant to Article 29 of Directive 2010/13/EU,
   Whereas:

               (1)

               By letter of 19 August 2014, Poland notified to the Commission certain measures to be taken, pursuant to Article 14(1) of Directive 2010/13/EU.

               (2)

               The Commission verified, within a period of 3 months from this notification, the compatibility of those measures with Union law, in particular with regard to the proportionality of the measures and the transparency of the national consultation procedure.

               (3)

               In examining the measures, the Commission took into consideration the available data on the Polish audiovisual market, in particular as regards the impact on the television market.

               (4)

               The list of events of major importance for society was drawn up by Poland in a clear and transparent manner, following a wide consultation.

               (5)

               On the basis of detailed evidence and viewing figures provided by the Polish authorities, the Commission services verified that the list of designated events drawn up in accordance with Article 14(1) of Directive 2010/13/EU met at least two of the following criteria considered to be reliable indicators of the importance of events for society: (i) a special general resonance within the Member State, and not simply a significance to those who ordinarily follow the sport or activity concerned; (ii) a generally recognised, distinct cultural importance for the population in the Member State, in particular as a catalyst of cultural identity; (iii) involvement of the national team in the event concerned in the context of a competition or tournament of international importance; and (iv) the fact that the event has traditionally been broadcast on free television and has commanded large television audiences.

               (6)

               The notified list of events of major importance for society contains both the events which are already on the statutory list foreseen by Article 20b of the Broadcasting Act of 29 December 1992, as modified by Act of 31 March 2000, and other events which are part of the draft regulation of the Broadcasting Council of the list of major events. A number of the designated events are generally considered as events of major importance for society such as the summer and winter Olympic Games, the final and semi-finals of the Football World Cup and the European Football Championship. The list also includes other football matches within those events involving the Polish national team, including qualifying games. As demonstrated by the Polish authorities, these events commanded large television audiences and have traditionally been broadcast on free-to-air television. In addition they have a special general resonance in Poland, as they are particularly popular with the general public, not just with those who usually follow sport events. Moreover, some matches within the Football World Cup and the European Football Championship including qualifying games, involve the Polish national team.

               (7)

               These other football matches in official tournaments and the Champions League and UEFA Cup where the Polish national team or Polish club participate, command large television audiences and traditionally have been broadcast on free-to-air television and have special general resonance in Poland.

               (8)

               The matches of world and European men's and women's volleyball championships where the Polish national team participates, including the qualifying tournaments and the men's volleyball World League, commanded large television audiences and have traditionally been broadcast on free-to-air television. Additionally, they generate a particular and widespread interest in Poland, even for audiences that do not usually follow this discipline. They also involve a national team in an international tournament of major importance. This interest is reinforced by the fact that Polish participants have earned significant achievements in these tournaments.

               (9)

               The semi-finals and finals of world and European men's handball championships, apart from commanding large television audiences and being traditionally broadcast on free-to air television, generate a particular and widespread interest in Poland, even for audiences that do not usually follow this discipline. Other competitions during semi-finals and finals of world and European men's handball championships where the Polish national team was involved also commanded large television audiences and have traditionally been broadcast on free-to air television. In addition, they generate a particular and widespread interest in Poland even for audiences that do not usually follow this discipline. They also involve a national team in an international tournament of major importance where Polish participants have earned significant achievements.

               (10)

               The Nordic Ski World Championships, Ski Jumping World Cup events and women's Cross-Country Ski World Cup events, apart from commanding large television audiences and being traditionally broadcast on free-to-air television, generate a particular and widespread interest in Poland even for audiences that do not usually follow this discipline. They also involve the Polish national team in an international tournament of major importance where the Polish participants have earned significant achievements.

               (11)

               The World Championship in Athletics commanded large television audiences and have traditionally been broadcast on free-to-air television. Moreover, they have special and wide-spread resonance in Poland, even for audiences that do not usually follow the disciplines represented at this event. Polish competitors have earned significant achievements in pole vault, shot-put and discus throw.

               (12)

               Taking into account the modalities according to which those events of major importance for society will be broadcast, the definition of a ‘qualifying broadcaster’, the role of the Broadcasting Council in the resolution of disputes mechanism in case of disputes in the course of the implementation of the measures, and the date foreseen for the entry into force of the final Polish measures (12 months after the publication in the Official Journal of the European Union), the designated measures do not go beyond what is necessary for the achievement of the aim pursued, namely the protection of the right to information and the wide access of the public to television coverage of national or non-national events of major importance for society. Therefore, it may be concluded that the effects on the right of property, as provided for in Article 17 of the European Charter of Fundamental Rights, do not go beyond those which are intrinsically linked to the inclusion of the events in the list provided for in Article 14(1) of Directive 2010/13/EU.

               (13)

               For the same reasons, the Polish measures appear to be proportionate to justify, by the overriding reason of public interest in ensuring wide public access to broadcasts of events of major importance for society, the derogation from the fundamental freedom to provide services laid down in Article 56 of the Treaty on the Functioning of the European Union (TFEU). In addition, the Polish measures do not constitute any discrimination or market foreclosure against other Member States' broadcasters, right holders or other economic operators.

               (14)

               The designated measures are also compatible with Union competition rules in so far as the definition of the qualifying broadcasters for the broadcasting of listed events is based on objective criteria, which allow actual and potential competition for the acquisition of the rights to broadcast these events. In addition, the number of designated events is not disproportionate to an extent that would distort competition on the downstream free television and pay television markets. Therefore, it may be considered that the effects on the freedom of competition do not go beyond those which are intrinsically linked to the inclusion of the events in the list provided for in Article 14(1) of Directive 2010/13/EU.

               (15)

               The Commission communicated the measures to be taken by Poland to the other Member States and presented the results of its verification to the committee established pursuant to Article 29 of Directive 2010/13/EU. The committee adopted a favourable opinion,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   1.   The measures to be taken by Poland, pursuant to Article 14(1) of Directive 2010/13/EU, and notified to the Commission pursuant to Article 14(2) of that Directive are compatible with Union law.
   2.   The measures, as taken by Poland, shall be published in the Official Journal of the European Union.

      Done at Brussels, 21 November 2014.

            For the Commission

         Günther OETTINGER

            Member of the Commission

      (1)  OJ L 95, 15.4.2010, p. 1.

      ANNEX

         Publication pursuant to Article 14 of Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive).

      The measures taken by Poland, to be published in accordance with Article 14 of Directive 2010/13/EU, are set out in the following extract from the Broadcasting Act of 29 December 1992 (Journal of Laws No 43/2011, item 226, as amended) and the Regulation of the National Broadcasting Council of 17 November 2014 establishing a list of major events:

            ‘Broadcasting Act of 29 December 1992

            Article 20b 1. A television broadcaster may broadcast live coverage of an event of major importance for society, hereinafter referred to as a “major event”, only:

                     (1)

                     on a national channel (programme service), as referred to in this Act or in its broadcasting licence, which may be viewed entirely free of charge except for licence fees as referred to in the Licence Fees Act of 21 April 2005 and basic fees charged by cable network operators, or

                     (2)

                     if the same event is being transmitted by the broadcaster of a channel meeting the conditions specified in subparagraph 1, under a contract with the broadcaster who has acquired broadcasting rights for the event in question, or with any other authorised party, subject to the provisions of paragraph 6.

                     2.

                     In view of the high level of public interest, the following events shall, amongst others, be regarded as major events:

                                 (1)

                                 the summer and winter Olympic Games;

                                 (2)

                                 the semi-finals and finals of the football World Cup and European Championship and any other matches in those events involving the Polish national team, including qualifying matches;

                                 (3)

                                 other matches involving the Polish national football team in official tournaments, and Champions League and UEFA Cup matches involving Polish clubs.

                     3.

                     The National Council may adopt a regulation establishing a list of major events other than those specified in paragraph 2, having regard to the level of public interest in those events and their significance for social, economic and political life.

                     4.

                     If a major event is to comprise more than one part, each part shall be regarded as a major event.

                     5.

                     Paragraph 1 shall apply to deferred coverage if the delay in broadcasting a major event does not exceed 24 hours and occurs for important reasons, notably:

                                 (1)

                                 if the event concerned is timed to take place between midnight and 06:00 Polish time;

                                 (2)

                                 if there are overlaps between major events or parts thereof.

                     6.

                     Paragraph 1 shall not apply if a broadcaster can demonstrate that no broadcaster of a programme service meeting the conditions specified in paragraph 1(1) was willing to conclude a contract for the provision of coverage in accordance with paragraph 1(2).

                     7.

                     The National Broadcasting Council may, as provided for in international agreements binding upon Poland, adopt a regulation establishing:

                                 (1)

                                 lists of events deemed by other European countries to be major events;

                                 (2)

                                 rules governing the exercise of exclusive television broadcasting rights for the events referred to in subparagraph 1 so as to ensure that the exercise of such rights by broadcasters subject to this Act does not deprive viewers in the country concerned of the possibility of receiving coverage of those events under rules laid down by that country in accordance with international law.’

      JOURNAL OF LAWS
      OF THE REPUBLIC OF POLAND

         Warsaw, 3 December 2014

         Item 1705

         REGULATION

         OF THE NATIONAL BROADCASTING COUNCIL

         of 17 November 2014

         establishing a list of major events

      The following provisions are laid down pursuant to Article 20b(3) of the Broadcasting Act of 29 December 1992 (Journal of Laws No 43/2011, item 226, as amended (1)):

                     Section 1.

                  This Regulation lays down a list of major events other than those referred to in Article 20b(2) of the Broadcasting Act of 29 December 1992.

                     Section 2.

                  In view of the level of public interest in these events and their significance in social, economic and political life, the following shall be considered major events:

                              (1)

                              matches involving Polish national teams in the men's and women's World and European Volleyball Championships, including qualifying matches;

                              (2)

                              men's Volleyball World League matches played in Poland;

                              (3)

                              semi-finals and finals of the World and European Men's Handball Championships and any other matches in those events involving the Polish national team, including qualifying matches;

                              (4)

                              the Nordic World Ski Championships;

                              (5)

                              Ski Jumping World Cup competitions;

                              (6)

                              women's Cross-Country World Cup (skiing) competitions;

                              (7)

                              the World Championships in Athletics.

                     Section 3.

                  This Regulation shall enter into force 12 months after the date of its publication

            Chairman of the National Broadcasting Council: J. DWORAK

         (1)  Amendments to this Act were published in Journal of Laws Nos 85/2011, item 459; 112/2011, item 654; 153/2011, item 903; 160/2011, item 963; and Journal of Laws 2012, items 1209 and 1315.


Avis juridique important

|

31978D0268

78/268/EEC: Council Decision of 7 March 1978 appointing a member of the Advisory Committee on Freedom of Movement for Workers

Official Journal L 072 , 14/03/1978 P. 0017 - 0017

****( 1 ) OJ NO L 257 , 15 . 10 . 1968 , PP . 8 AND 9 .    COUNCIL DECISION   OF 7 MARCH 1978   APPOINTING A MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS  ( 78/268/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1612/68 OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT OF WORKERS WITHIN THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 27 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 11 OCTOBER 1977 APPOINTING , FOR THE PERIOD ENDING 10 OCTOBER 1979 , MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS ,   WHEREAS THE COUNCIL AGREED ON THE SAME OCCASION TO APPOINT , AT A LATER DATE , A MEMBER TO FILL THE SEAT OF REPRESENTATIVE OF THE GOVERNMENT OF THE UNITED KINGDOM ;   HAVING REGARD TO THE NOMINATION SUBMITTED BY THE UNITED KINGDOM GOVERNMENT ON 9 FEBRUARY 1978 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR A . J . GILLIVER IS HEREBY APPOINTED A MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS FOR THE PERIOD ENDING 10 OCTOBER 1979 .   DONE AT BRUSSELS , 7 MARCH 1978 .   FOR THE COUNCIL   THE PRESIDENT   K . B . ANDERSEN


title: 2002/2/: Decision of the Standing Committee of the EFTA States No 2/2002/SC of  30 May 2002  on public access to EFTA documents

text:
               6.4.2006

               EN

               Official Journal of the European Union

               L 98/76

      DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES

   No 2/2002/SC
   of 30 May 2002
   on public access to EFTA documents
   THE STANDING COMMITTEE OF THE EFTA STATES,
   HAS DECIDED AS FOLLOWS:
   Article 1
   The following EEA related EFTA documents are public:

               —

               EEA Agreement

               —

               Consolidated Version of the Annexes and Protocols to the EEA Agreement

               —

               EEA Supplement to the Official Journal

               —

               List of adopted EEA Joint Committee Decisions

               —

               Awaited notifications under Article 103

               —

               Celex list

               —

               Information sheets on selected programmes in the field of Subcommittee IV

               —

               EFTA Chair working programme

               —

               EEA Joint Parliamentary Committee resolutions

               —

               EFTA Consultative Committee opinions

               —

               EEA Consultative Committee resolutions

               —

               EEA Council agendas

               —

               EEA Council conclusions

               —

               EFTA Standing Committee agendas

               —

               EFTA Standing Committee conclusions

               —

               EFTA Parliamentary Committee agendas and minutes

               —

               EEA Joint Parliamentary Committee agendas and minutes

               —

               EFTA Consultative Committee agendas and minutes

               —

               EEA Consultative Committee agendas and minutes

               —

               EEA EFTA comments

               —

               EEA Joint Committee agendas

               —

               EEA Joint Committee minutes (upon approval of the European Commission)

               —

               EEA Joint Committee Decisions

               —

               Annual Report of the EEA Joint Committee

               —

               Lists of proposals for EC legislation of possible relevance to the EEA Agreement (EC ‘pipeline acquis’)

               —

               Lists of adopted EC legislation under consideration for incorporation into the EEA Agreement

               —

               EEA related statistics produced by EFTA Statistical Office

               —

               All other EEA related official documents not classified as confidential

         Article 2
   1.   As regards EEA related EFTA documents not listed in Article 1, the principles described under the headings ‘OTHER EFTA DOCUMENTS’ and ‘HOW TO OBTAIN PUBLIC ACCESS TO OTHER EFTA DOCUMENTS’ in the Annex to Decision of the EFTA Council No 2 of 1997 (‘GUIDELINES FOR PUBLIC ACCESS TO EFTA DOCUMENTS’), approved by the Standing Committee on 27 June 1997, shall apply.
   2.   Decision of the EFTA Council No 2 of 1997 and the Annex thereto are attached to the present decision for information purposes.

      Done at Brussels, 30 May 2002.

            For the Standing Committee

            The Chairman

         Gunnar Snorri GUNNARSON

            The Secretary-General

         William ROSSIER

      ANNEX
      ‘

               DECISION OF THE COUNCIL No 2 OF 1997
            (Adopted at the 9th meeting at on 18 June 1997)
            GUIDELINES FOR PUBLIC ACCESS TO EFTA DOCUMENTS
            THE COUNCIL,
            Desirous to achieve increased transparency and active provision of information on EFTA activities to the public,
            Convinced of the usefulness of giving the public the widest possible access to EFTA documents,
            Having regard to the draft guidelines transmitted for the consideration of the EFTA Council by the Standing Committee of the EFTA States from its meeting of 26 September 1996.
            DECIDES:
            The guidelines for public access to EFTA documents as set out at Annex to this Decision are hereby approved and can be made available to the general public.
            This decision shall enter into force as soon as it has been adopted by the Standing Committee of the EFTA States.

            ANNEX
            GUIDELINES FOR PUBLIC ACCESS TO EFTA DOCUMENTS
            These guidelines apply to requests addressed to the EFTA Secretariat for public access to EFTA documents:
            PUBLIC EFTA DOCUMENTS

               The following EFTA documents are public:

                        —

                        The Stockholm Convention;

                        —

                        Free Trade Agreements with third countries;

                        —

                        Joint Declarations on co-operation;

                        —

                        EFTA Annual Reports.

               The following EFTA/EEA documents are public:

                        —

                        EEA Agreement;

                        —

                        The Consolidated Version of the Annexes to the EEA Agreement and the EEA Supplement to the Official Journal;

                        —

                        EEA Council Agendas;

                        —

                        EEA Council conclusions;

                        —

                        EEA Joint Committee Agendas;

                        —

                        EEA Joint Committee Decisions;

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                        Agendas of the Standing Committee of the EFTA States;

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                        Lists of adopted EEA Joint Committee Decisions;

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                        Lists of proposals for EC Legislation of possible relevance to the EEA Agreement (EC “pipeline acquis”);

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                        Lists of adopted EC legislation under consideration for incorporation into the EEA Agreement;

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                        Information sheets on selected programmes in the field of Subcommittee IV.

                  Most of the above information is available on the EFTA Homepage (www.efta.int)
            OTHER EFTA DOCUMENTS
            The principle of openness is applied to the greatest extent possible. Public access to EFTA documents applies with due regard for provisions governing the protection of classified information. However, classification of any given document does not necessarily exclude it from public release. Access may be refused when disclosure could undermine:

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                        The protection of the public interest (public security, international relations, etc.);

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                        The protection of the individual and of privacy;

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                        The protection of commercial and industrial secrecy;

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                        The protection of the EFTA’s financial interests;

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                        The protection of confidentiality as requested by the person who has supplied the information, or as required by the Legislation of the Member State that supplied the information;

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                        The protection of the institution’s interest in the confidentiality of the proceedings.

                  HOW TO OBTAIN PUBLIC ACCESS TO OTHER EFTA DOCUMENTS
            When receiving requests to public access for other EFTA documents, the Secretariat shall submit such requests to EFTA delegations for approval, which shall address them without delay. Should a request be denied, the instance of recourse is the EFTA Council for documents concerning functions carried out in Geneva, and the Standing Committee of the EFTA States for documents concerning functions carried out in Brussels.
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