title: Decision No S8 of 15 June 2011 concerning the granting of prostheses, major appliances and other substantial benefits in kind provided for in Article 33 of Regulation (EC) No 883/2004 on the coordination of social security systems  Text of relevance to the EEA and to the EC/Switzerland Agreement

text:
               6.9.2011

               EN

               Official Journal of the European Union

               C 262/6

         DECISION No S8
   of 15 June 2011
   concerning the granting of prostheses, major appliances and other substantial benefits in kind provided for in Article 33 of Regulation (EC) No 883/2004 on the coordination of social security systems
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2011/C 262/06
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 (2),
   Having regard to Article 33(2) of Regulation (EC) No 883/2004,
   Acting in accordance with the conditions laid down in the second subparagraph of Article 71(2) of Regulation (EC) No 883/2004,
   Whereas:

               (1)

               Article 33(1) of Regulation (EC) No 883/2004 constitutes a safeguard clause to be applied during a time period immediately following the moment of the change of the applicable legislation with regard to the person concerned.

               (2)

               The said Article applies when a person could loose his/her entitlement to sickness benefits in kind which are tailored to his/her specific personal needs and are in the course of being provided or have been granted but yet not provided, due to a change in applicable legislation.

               (3)

               Such a loss could be considered as disproportionate, taking into account the character of the benefit and the medical situation of the person concerned,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The prostheses, major appliances, and other substantial benefits in kind that are referred to in Article 33(1) of Regulation (EC) No 883/2004 shall constitute benefits which:

               —

               are tailored to specific personal needs, and

               —

               are in the course of being provided, or have been granted but yet not provided, and

               —

               are defined or/and treated as such by the Member State under whose legislation the insured person was insured before he/she became insured under the legislation of another Member State.

         A non-exhaustive list indicating the benefits, which when fulfilling the criteria determined above shall be treated as such, is contained in the Annex to this Decision.
   Article 2
   This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of its publication.

            The Chair of the Administrative Commission

         Éva GELLÉRNÉ LUKÁCS

      (1)  OJ L 166, 30.4.2004, p. 1. Corrected by OJ L 200, 7.6.2004, p. 1.

      (2)  Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, OJ L 284, 30.10.2009, p. 1.

      ANNEX

         Prostheses

                  (a)

                  orthopaedic prostheses;

                  (b)

                  visual aids such as ocular prostheses;

                  (c)

                  dental prostheses (fixed and removable).

         Major appliances

                  (d)

                  wheelchairs, orthoses, footwear, and other aids for moving, standing and sitting;

                  (e)

                  contact lenses, magnifying and telescopic spectacles;

                  (f)

                  hearing and speech aids;

                  (g)

                  nebulisers;

                  (h)

                  obturators for use in the buccal cavity;

                  (i)

                  orthodontic appliances.

         Other substantial benefits in kind

                  (j)

                  specialist inpatient treatments;

                  (k)

                  treatment at a health resort;

                  (l)

                  therapeutic rehabilitation;

                  (m)

                  complementary means of diagnosis;

                  (n)

                  any subsidy granted to cover part of the costs of the benefits listed above.


title: 2006/558/EC: Commission Decision of  2 August 2006  updating the Annexes to the monetary agreement between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco

text:
               10.8.2006

               EN

               Official Journal of the European Union

               L 219/23

      COMMISSION DECISION

   of 2 August 2006
   updating the Annexes to the monetary agreement between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco
   (2006/558/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 111(3) thereof,
   Having regard to the Monetary Agreement of 24 December 2001 between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco (1), and, in particular, Article 11(3) and (5) thereof,
   Whereas:

               (1)

               Article 11(2) of the Monetary Agreement between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco (hereinafter the Monetary Agreement) requires the Principality of Monaco to apply the measures adopted by France to implement certain Community acts concerning the activity and prudential supervision of credit institutions and the prevention of systemic risks to payment and securities settlement systems. Those acts are listed in Annex A to the Agreement. A number of acts in Annex A have been amended and the amending acts should be included in that Annex. A number of new Community acts falling within the scope of Article 11(2) of the Monetary Agreement have also been adopted and should be included in Annex A.

               (2)

               Directive 2001/65/EC of the European Parliament and of the Council of 27 September 2001 amending Directives 78/660/EEC, 83/349/EEC and 86/635/EEC as regards the valuation rules for the annual and consolidated accounts of certain types of companies as well as of banks and other financial institutions (2) concerns the activity and supervision of credit institutions and amends Council Directive 86/635/EEC (3), which is already in Annex A. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should be included in Annex A.

               (3)

               Directive 2003/51/EC of the European Parliament and of the Council of 18 June 2003 amending Directives 78/660/EEC, 83/349/EEC and 91/674/EEC on the annual and consolidated accounts of certain types of companies, banks and other financial institutions and insurance undertakings (4) concerns the activity and supervision of credit institutions and also amends Directive 86/635/EEC. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A.

               (4)

               Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements (5) concerns the prevention of systemic risks to the settlement systems. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A.

               (5)

               Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate, amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (6) concerns the activity and supervision of credit institutions. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A.

               (6)

               Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (7) concerns the activity and supervision of credit institutions. It therefore falls within the scope of Article 11(2) of the Monetary Agreement and should also be included in Annex A.

               (7)

               Directive 2006/31/EC of the European Parliament and of the Council of 5 April 2006 amending Directive 2004/39/EC on markets in financial instruments, as regards certain deadlines (8) amends Directive 2004/39/EC. It should therefore also be included in Annex A.

               (8)

               One act currently included in Annex A should be removed from that Annex. Directive 97/5/EC of the European Parliament and of the Council of 27 January 1997 on cross-border credit transfers (9) mainly addresses consumer protection concerns and therefore does not fall within the scope of Article 11(2) of the Monetary Agreement.

               (9)

               Article 11(4) of the Monetary Agreement requires the Principality of Monaco to adopt measures equivalent to those taken by the Member States in order to apply the Community acts necessary for the implementation of the Monetary Agreement. Those acts are listed in Annex B to the Agreement. Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment (10) is intended to complete and ensure consistency of the provisions securing the protection of all means of payment denominated in euros. It falls within the scope of Article 9 of the Monetary Agreement on the fight against fraud and counterfeiting, notably in modern banking systems. In particular, the inclusion of Framework Decision 2001/413/JHA is necessary to complete the protection by Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (11), which is mentioned in Article 9 of the Monetary Agreement. It is therefore necessary for the implementation of the Monetary Agreement and should be included in Annex B to the Agreement.

               (10)

               Council Regulation (EC) No 2182/2004 of 6 December 2004 concerning medals and tokens similar to euro coins (12) is intended to prevent the use of medals and tokens as means of payment in euro and also falls within the scope of Article 9 of the Monetary Agreement. It is therefore necessary for the implementation of the Monetary Agreement and should also be included in Annex B to the Agreement.

               (11)

               The Annexes to the Monetary Agreement should therefore be amended accordingly. For the sake of clarity, the Annexes should be replaced in their entirety.

               (12)

               The Monegasque authorities did not request that the Joint Committee established by Article 14 of the Monetary Agreement be convened pursuant to Article 11(5) of that Agreement within two weeks following the adoption of Regulation (EC) No 2182/2004 in order to update Annex B to the Monetary Agreement. Annexes A and B to the Monetary Agreement must therefore both be amended by the Commission.

               (13)

               At its meetings on 17 June 2004 and 16 June 2005, the Commission informed the Joint Committee of the need to update Annexes A and B to the Monetary Agreement. The Joint Committee took note of the Commission's position,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Annexes to the Monetary Agreement between the Government of the French Republic, on behalf of the European Community, and the Government of His Serene Highness the Prince of Monaco are replaced by the text in the Annexes to this Decision.

      Done at Brussels, 2 August 2006.

            For the Commission

         Joaquín ALMUNIA

            Member of the Commission

      (1)  OJ L 142, 31.5.2002, p. 59.

      (2)  OJ L 283, 27.10.2001, p. 28.

      (3)  OJ L 372, 31.12.1986, p. 1.

      (4)  OJ L 178, 17.7.2003, p. 16.

      (5)  OJ L 168, 27.6.2002, p. 43.

      (6)  OJ L 35, 11.2.2003, p. 1.

      (7)  OJ L 145, 30.4.2004, p. 1.

      (8)  OJ L 114, 27.4.2006, p. 60.

      (9)  OJ L 43, 14.2.1997, p. 25.

      (10)  OJ L 149, 2.6.2001, p. 1.

      (11)  OJ L 140, 14.6.2000, p. 1.

      (12)  OJ L 373, 21.12.2004, p. 1.

      ANNEX A
      1.   86/635/EEC
      Council Directive of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions (for provisions applying to credit institutions)

         (OJ L 372, 31.12.1986, p. 1)

      as amended by:
      2001/65/EC
      Directive of the European Parliament and of the Council of 27 September 2001 amending Directives 78/660/EEC, 83/349/EEC and 86/635/EEC as regards the valuation rules for the annual and consolidated accounts of certain types of companies as well as of banks and other financial institutions

         (OJ L 283, 27.10.2001, p. 28)

      2003/51/EC
      Directive of the European Parliament and of the Council of 18 June 2003 amending Directives 78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC on the annual and consolidated accounts of certain types of companies, banks and other financial institutions and insurance undertakings

         (OJ L 178, 17.7.2003, p. 16)

      2.   89/117/EEC
      Council Directive of 13 February 1989 on the obligations of branches established in a Member State of credit institutions and financial institutions having their head offices outside that Member State regarding the publication of annual accounting documents

         (OJ L 44, 16.2.1989, p. 40)

      3.   93/6/EEC
      Council Directive of 15 March 1993 on the capital adequacy of investment firms and credit institutions (for provisions applying to credit institutions)

         (OJ L 141, 11.6.1993, p. 1)

      as amended by:
      2002/87/EC
      Directive of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council

         (OJ L 35, 11.2.2003, p. 1)

      2004/39/EC
      Directive of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC

         (OJ L 145, 30.4.2004, p. 1
         )
      4.   93/22/EEC
      Council Directive of 10 May 1993 on investment services in the securities field (for provisions applying to credit institutions) with the exceptions of Titles III and IV — Directive repealed by Directive 2004/39/EC, as amended by Directive 2006/31/EC, as from 1 November 2007 (see infra)

         (OJ L 141, 11.6.1993, p. 27)

      5.   94/19/EC
      Directive of the European Parliament and of the Council of 30 May 1994 on deposit-guarantee schemes

         (OJ L 135, 31.5.1994, p. 5)

      6.   98/26/EC
      Directive of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities systems

         (OJ L 166, 11.6.1998, p. 45)

      7.   2000/12/EC
      Directive of the European Parliament and of the Council of 20 March 2000 relating to the taking-up and pursuit of the business of credit institutions — with the exception of Titles III and IV

         (OJ L 126, 26.5.2000, p. 1)

      as amended by:
      2000/28/EC
      Directive of the European Parliament and of the Council of 18 September 2000 amending Directive 2000/12/EC relating to the taking up and pursuit of the business of credit institutions

         (OJ L 275, 27.10.2000, p. 37)

      2000/46/EC
      Directive of the European Parliament and of the Council of 18 September 2000 on the taking-up, pursuit of and prudential supervision of the business of electronic money institutions

         (OJ L 275, 27.10.2000, p. 39)

      2002/87/EC
      Directive of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council

         (OJ L 35, 11.2.2003, p. 1)

      2004/39/EC
      Directive of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC

         (OJ L 145, 30.4.2004, p. 1)

      8.   2001/24/EC
      Directive of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding-up of credit institutions

         (OJ L 125, 5.5.2001, p. 15)

      9.   2002/47/EC
      Directive of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements

         (OJ L 168, 27.6.2002, p. 43)

      10.   2002/87/EC
      Directive of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council

         (OJ L 35, 11.2.2003, p. 1)

      11.   2004/39/EC
      Directive of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC — for provisions applying to credit institutions and with the exception of Articles 15, 31 to 33 and Title III

         (OJ L 145, 30.4.2004, p. 1)

      as amended by:
      2006/31/EC
      Directive of the European Parliament and of the Council of 5 April 2006 amending Directive 2004/39/EC on markets in financial instruments, as regards certain deadlines

         (OJ L 114, 27.4.2006, p. 60)

      ANNEXE B
      1.   97/9/EC
      Directive of the Parliament and of the Council of 3 March 1997 on investment compensation schemes

         (OJ L 84, 26.3.1997, p. 22)

      2.   2001/413/JHA
      Council Framework Decision of 28 May 2001 combating fraud and counterfeiting of non cash means of payment

         (OJ L 149, 2.6.2001, p. 1)

      3.   (EC) No 2182/2004
      Council Regulation of 6 December 2004 concerning medals and tokens similar to euro coins

         (OJ L 373, 21.12.2004, p. 1)


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31990D0212

90/212/Euratom: Council Decision of 23 April 1990 amending Decision 77/271/Euratom on the implementation of Decision 77/270/Euratom empowering the Commission to issue Euratom loans for the purpose of contributing to the financing of nuclear power stations

Official Journal L 112 , 03/05/1990 P. 0026 - 0026 Finnish special edition: Chapter 10 Volume 1 P. 0063  Swedish special edition: Chapter 10 Volume 1 P. 0063

*****COUNCIL  DECISION  of 23 April 1990  amending Decision 77/271/Euratom on the implementation of Decision 77/270/Euratom empowering the Commission to issue Euratom loans for the purpose of contributing to the financing of nuclear power stations  (90/212/Euratom)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Atomic Energy Community,  Having regard to Council Decision 77/270/Euratom of 29 March 1977 empowering the Commission to issue Euratom loans for the purpose of contributing to the financing of nuclear power stations (1), and in particular Article 1 thereof,  Having regard to the proposal from the Commission,  Whereas the total value of transactions effected has reached the figure of ECU 2 800 million, provided for in Decision 77/271/Euratom (2), as last amended by Decision 85/537/Euratom (3);  Whereas nuclear energy accounts for a major part of the Community's total energy supplies and considerable investment ought to be made in this sector both at the production stage, in view of the safety and security requirements, and downstream of production, particularly with regard to the reprocessing and storage of waste;  Whereas experience indicated that it is desirable to raise, by ECU 1 000 million, the total amount of borrowings which the Commission is empowered to contract on behalf of the European Atomic Energy Community;  Whereas Decision 77/271 should therefore be amended,  HAS DECIDED AS FOLLOWS:  Sole Article  The Sole Article of Decision 77/271/Euratom shall be replaced by the following:  'Sole Article  Loans as provided for in Article 1 of Decision 77/270/Euratom may be contracted for amounts the total principal of which shall not exceed the equivalent of ECU 4 000 million.  When the total value of the transactions effected reaches ECU 3 800 million, the Commission shall inform the Council, which, acting unanimously on a proposal from the Commission, shall decide on the fixing of a new amount as soon as possible.'  Done at Luxembourg, 23 April 1990.  For the Council  The President  A. REYNOLDS  (1) OJ No L 88, 6. 4. 1977, p. 9.  (2) OJ No L 88, 6. 4. 1977, p. 11.  (3) OJ No L 334, 12. 12. 1985, p. 23.


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31998D0504

98/504/EC: Council Decision of 29 June 1998 concerning the conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the United Mexican States, of the other part

Official Journal L 226 , 13/08/1998 P. 0024 - 0024

COUNCIL DECISION of 29 June 1998 concerning the conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the United Mexican States, of the other part (98/504/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 57(2) last sentence, 66 and 113, in conjunction with the first sentence of Article 228(2) and the second subparagraph of Article 228(3) thereof,Having regard to the proposal from the Commission (1),Having regard to the assent of the European Parliament (2),Whereas pending the entry into force of the Economic Partnership, Political Coordination and Cooperation Agreement signed in Brussels on 8 December 1997, the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the United Mexican States, of the other part, signed in Brussels on 8 December 1997, should be approved,HAS DECIDED AS FOLLOWS:Article 1 The Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the United Mexican States, of the other part, together with the declarations made by the Community unilaterally or jointly with the other Party, is hereby approved on behalf of the European Community.The texts are attached to this Decision.Article 2 The President of the Council shall give the notification provided for in Article 19 of the Agreement on behalf of the European Community.Article 3 1. The position to be taken by the Community within the Joint Council and the Joint Committee established by the Agreement, shall be laid down by the Council, on a proposal from the Commission, in accordance with the corresponding provisions of the Treaty establishing the European Community.2. The President of the Council shall, in accordance with Article 8 of the Agreement, preside over the Joint Council and present the position of the Community. In accordance with Article 10 of the Agreement, a representative of the Commission assisted by representatives of the Member States shall preside over the Joint Committee and present the position of the Community.Article 4 This Decision shall be published in the Official Journal of the European Communities.Done at Luxembourg, 29 June 1998.For the CouncilThe PresidentR. COOK(1) OJ C 356, 22. 11. 1997, p. 28.(2) OJ C 167, 1. 6. 1998.


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31993D0722

93/722/EC: Council Decision of 23 November 1993 concerning the conclusion of an Agreement between the European Community and Republic of Bulgaria on the reciprocal protection and control of wine names

Official Journal L 337 , 31/12/1993 P. 0011 - 0011 Finnish special edition: Chapter 3 Volume 54 P. 0214  Swedish special edition: Chapter 3 Volume 54 P. 0214

COUNCIL DECISION of 23 November 1993 concerning the conclusion of an  Agreement between the European Community and Republic of Bulgaria on the reciprocal protection and  control of wine names (93/722/EC)THE COUNCIL OF THE EUROPEAN UNION Having regard to the Treaty establishing the European Community, and in particular Article 113  thereof, Having regard to the proposal from the Commission, Whereas the Agreement negotiated between the European Community and the Republic of Bulgaria on the  reciprocal protection and control of wine names will help make measures to eliminate unfair  competition in trade more effective, ensure a greater degree of consumer protection and promote  trade in wine between the Contracting Parties; whereas it is therefore desirable to approve the  said Agreement; Whereas, in order to facilitate the implementation of certain provisions of the Agreement, the  Commission should be authorized to make the necessary technical adjustments in accordance with the  procedure laid down in Article 83 of Council Regulation (EEC) No 822/87 of 16 March 1987 on the  common organization of the market in wine (1); Whereas, since the provisions of the Agreement are directly linked to measures covered by the  common commercial and agricultural policy, the said Agreement must be established at Community  level, HAS DECIDED AS FOLLOWS: Article 1 The Agreement between the European Community and the Republic of  Bulgaria on the reciprocal protection and control of wine names and the Protocol annexed thereto  are hereby approved on behalf of the Community. The text of the acts referred to in the first paragraph are attached to this Decision. Article 2 The President of the Council is hereby authorized to designate the person empowered to  sign the Agreement and to deposit the instrument of approval by the Community. The President of the Council shall make the notification provided for in Article 19 (1) of the  Agreement. Article 3 For the purposes of Article 13 of the Agreement, the Commission is hereby authorized to  conclude the necessary acts amending the Agreement, in accordance with the procedure laid down in  Article 83 of Regulation (EEC) No 822/87. Article 4 This Decision shall be published in the Official Journal of the European Communities. Done at Brussels, 23 November 1993. For the Council The President M. SMET (1) OJ No L 84, 27. 3. 1987, p. 1. Regulation as last amended by Regulation  (EEC) No 1566/93 (OJ No L 154, 25. 6. 1993, p. 39.


title: Council Decision 2012/159/CFSP of 19 March 2012 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt

text:
               20.3.2012

               EN

               Official Journal of the European Union

               L 80/18

         COUNCIL DECISION 2012/159/CFSP
   of 19 March 2012
   amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 21 March 2011, the Council adopted Decision 2011/172/CFSP (1).

               (2)

               On the basis of a review of Decision 2011/172/CFSP, the restrictive measures should be extended until 22 March 2013.

               (3)

               Decision 2011/172/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 5 of Decision 2011/172/CFSP is replaced by the following:

      ‘Article 5
      This Decision shall enter into force on the date of its adoption.
      This Decision shall apply until 22 March 2013.
      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.’.

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

      Done at Brussels, 19 March 2012.

            For the Council

            The President

         M. GJERSKOV

      (1)  OJ L 76, 22.3.2011, p. 63.


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31975D0420

75/420/EEC: Commission Decision of 26 June 1975 setting up an Advisory Committee on Foodstuffs

Official Journal L 182 , 12/07/1975 P. 0035 - 0036 Greek special edition: Chapter 03 Volume 13 P. 0034

++++COMMISSION DECISION OF 26 JUNE 1975 SETTING UP AN ADVISORY COMMITTEE ON FOODSTUFFS  ( 75/420/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  WHEREAS IT IS NECESSARY THAT THE COMMISSION OBTAIN OPINIONS FROM THE TRADE AND FROM CONSUMERS ON THE PROBLEMS ARISING FROM THE HARMONIZATION OF LEGISLATION ON FOODSTUFFS ;  WHEREAS THE ECONOMIC AND SOCIAL COMMITTEE STATED IN A REPORT ISSUED ON 24 MAY 1972 " THAT IT WOULD BE HIGHLY DESIRABLE THAT AN ADVISORY COMMITTEE , SIMILAR TO THOSE EXISTING IN THE CONTEXT OF THE ORGANIZATION OF AGRICULTURAL MARKETS , BE SET UP ALONGSIDE THE STANDING COMMITTEE ON FOODSTUFFS AND THE STANDING VETERINARY COMMITTEE , CONSISTING OF REPRESENTATIVES OF THE VARIOUS ECONOMIC AND SOCIAL INTERESTS CONCERNED " ;  WHEREAS ALL THE TRADE AND PROFESSIONAL INTERESTS DIRECTLY AFFECTED BY THE HARMONIZATION OF FOODSTUFFS LEGISLATION , AND ALSO CONSUMERS , SHOULD HAVE THE OPPORTUNITY TO PARTICIPATE IN THE FORMULATION OF OPINIONS REQUESTED BY THE COMMISSION ;  WHEREAS THE PROFESSIONAL AND TRADE ASSOCIATIONS CONCERNED WITH FARMING , INDUSTRY , COMMERCE AND WORKERS INTERESTS AND CONSUMER ASSOCIATIONS IN THE MEMBER STATES HAVE SET UP ORGANIZATIONS AT COMMUNITY LEVEL ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  1 . THERE IS HEREBY ATTACHED TO THE COMMISSION AN ADVISORY COMMITTEE ON FOODSTUFFS , HEREINAFTER CALLED " THE COMMITTEE " .  2 . THE COMMITTEE SHALL CONSIST OF REPRESENTATIVES OF ORGANIZATIONS OF INDUSTRY , CONSUMERS , AGRICULTURE , COMMERCE AND WORKERS .  ARTICLE 2  1 . THE COMMITTEE MAY BE CONSULTED BY THE COMMISSION ON ANY PROBLEMS CONCERNING THE HARMONIZATION OF LEGISLATION RELATING TO FOODSTUFFS .  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 .  ARTICLE 3  1 . THE COMMITTEE SHALL CONSIST OF 30 MEMBERS .  2 . SEATS SHALL BE APPORTIONED AS FOLLOWS :  - SIX TO INDUSTRY ,  - SIX TO CONSUMERS ,  - SIX TO AGRICULTURE ( OF WHICH AT LEAST THREE TO AGRICULTURAL COOPERATIVES ) ,  - SIX TO COMMERCE ,  - SIX TO WORKERS .  ARTICLE 4  1 . FOR THE SEATS AS AFORESAID THE BODIES LISTED BELOW SHALL PURPOSE TO THE COMMISSION :  - TWO PERMANENT MEMBERS TO BE RESPONSIBLE FOR THE COORDINATION OF WORK WITHIN THEIR PARTICULAR ECONOMIC INTEREST GROUP ,  - AND , BY LETTER ADDRESSED AT LEAST EIGHT DAYS BEFORE EACH MEETING TO THE DEPARTMENT OF THE COMMISSION RESPONSIBLE FOR THE PROVISION OF SECRETARIAL SERVICES PURSUANT TO ARTICLE 8 ( 3 ) , THEIR OTHER REPRESENTATIVES ON THE COMMITTEE .  THE BODIES IN QUESTION SHALL BE THE FOLLOWING :  FOR INDUSTRY :  THE UNION OF INDUSTRIES OF THE EUROPEAN COMMUNITIES ( UNICE ) .  FOR CONSUMERS :  THE CONSUMERS' CONSULTATIVE COMMITTEE SET UP BY THE COMMISSION DECISION OF 25 SEPTEMBER 1973 .  FOR AGRICULTURE :  THE COMMITTEE OF AGRICULTURAL ORGANIZATION OF THE EUROPEAN ECONOMIC COMMUNITY ( COPA ) , JOINTLY WITH THE GENERAL COMMITTEE FOR AGRICULTURAL COOPERATION IN THE EEC COUNTRIES ( COGECA ) .  FOR COMMERCE :  THE COMMITTEE OF COMMERCIAL ORGANIZATIONS IN THE EEC COUNTRIES ( COCCEE ) .  FOR WORKERS :  THE EUROPEAN TRADE UNION CONFEDERATION ( ETUC ) .  2 . THE PERMANENT MEMBERS SHALL BE APPOINTED BY THE COMMISSION UPON PROPOSALS FROM THE BODIES REFERRED TO IN ARTICLE 4 ( 1 ) ABOVE . THE LATTER SHALL PUT FORWARD TWO CANDIDATES OF DIFFERENT NATIONALITIES IN RESPECT OF EACH SEAT TO BE FILLED .  3 . THE TERM OF OFFICE OF A PERMANENT MEMBER OF THE COMMITTEE SHALL BE THREE YEARS AND SHALL BE RENEWABLE . MEMBERS SHALL NOT BE REMUNERATED FOR THEIR SERVICES .  AFTER EXPIRY OF THE THREE-YEAR PERIOD , PERMANENT MEMBERS OF THE COMMITTEE SHALL REMAIN IN OFFICE UNTIL THEY ARE REPLACED OR UNTIL THEIR APPOINTMENTS ARE RENEWED .  THE TERM OF OFFICE OF A PERMANENT MEMBER OF THE COMMITTEE MAY BE TERMINATED BEFORE EXPIRY OF THE THREE-YEAR PERIOD BY RESIGNATION OR DEATH .  IT MAY ALSO BE TERMINATED AT THE REQUEST OF THE BODY WHICH PROPOSED THE MEMBER CONCERNED .  A MEMBER WHOSE TERM OF OFFICE IS TERMINATED PREMATURELY SHALL BE REPLACED FOR THE REMAINDER OF THAT TERM IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPH 1 .  A LIST OF THE PERMANENT MEMBERS SHALL BE PUBLISHED BY THE COMMISSION FOR INFORMATION PURPOSES IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  ARTICLE 5  1 . THE PERMANENT MEMBERS SHALL ELECT FROM AMONG THEIR NUMBER FOR A TERM OF THREE YEARS A CHAIRMAN OF THE COMMITTEE AND TWO VICE-CHAIRMEN .  2 . ON A FIRST BALLOT THIS ELECTION SHALL REQUIRE A TWO-THIRDS MAJORITY OF THE PERMANENT MEMBERS PRESENT AND ON SUBSEQUENT BALLOTS A SIMPLE MAJORITY OF THE PERMANENT MEMBERS PRESENT .  3 . THE VICE-CHAIRMEN SHALL BE ELECTED FROM THE REPRESENTATIVES OF AN INTEREST GROUP OTHER THAN THAT REPRESENTED BY THE CHAIRMAN .  ARTICLE 6  THE CHAIRMAN MAY INVITE ANY PERSON WITH SPECIAL QUALIFICATIONS IN ONE OF THE ITEMS ON THE AGENDA TO TAKE PART IN AN EXPERT CAPACITY IN THE PROCEEDINGS OF THE COMMITTEE AND OF ITS WORKING GROUPS .  SUCH EXPERTS SHALL TAKE PART ONLY IN THE DISCUSSION OF THAT ITEM FOR WHICH THEY WERE INVITED .  ARTICLE 7  THE COMMITTEE MAY SET UP WORKING GROUPS .  THE FUNCTION OF WORKING GROUPS SHALL BE TO REPORT TO THE COMMITTEE ON SUBJECTS DECIDED BY IT .  ARTICLE 8  1 . THE COMMITTEE SHALL BE CONVENED BY THE COMMISSION AND SHALL MEET AT COMMISSION HEADQUARTERS . THE OFFICERS OF THE COMMITTEE SHALL BE CONVENED BY THE CHAIRMAN IN AGREEMENT WITH THE COMMISSION .  2 . REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED SHALL TAKE PART IN MEETINGS OF THE COMMITTEE , OF THE OFFICERS AND OF WORKING GROUPS .  3 . THE COMMISSION SHALL PROVIDE SECRETARIAL SERVICES FOR THE COMMITTEE AND FOR ITS WORKING GROUPS .  ARTICLE 9  THE COMMITTEE SHALL DISCUSS MATTERS ON WHICH THE COMMISSION HAS REQUESTED AN OPINION . NO VOTE SHALL BE TAKEN .  THE COMMISSION MAY , WHEN SEEKING THE OPINION OF THE COMMITTEE , SET A TIME LIMIT WITHIN WHICH SUCH OPINIONS SHALL BE GIVEN .  THE VIEWS EXPRESSED BY THE VARIOUS INTERESTS REPRESENTED SHALL BE RECORDED IN A REPORT , WHICH SHALL BE 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 WHICH SHALL BE ANNEXED TO THE REPORT .  THE OUTCOME OF THE COMMITTEE'S DISCUSSIONS SHALL BE COMMUNICATED BY THE COMMISSION ON REQUEST TO THE COUNCIL OR TO THE STANDING COMMITTEE ON FOODSTUFFS .  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 .  ARTICLE 11  THIS DECISION SHALL ENTER INTO FORCE ON 26 JUNE 1975 .  DONE AT BRUSSELS , 26 JUNE 1975 .  FOR THE COMMISSION  P . J . LARDINOIS  MEMBER OF THE COMMISSION


title: 2005/682/EC, Euratom:Council Decision of 20 September 2005 delegating to the Deputy Secretary-General the power to issue laissez-passer to officials of the General Secretariat of the Council

text:
               4.10.2005

               EN

               Official Journal of the European Union

               L 258/4

      COUNCIL DECISION

   of 20 September 2005
   delegating to the Deputy Secretary-General the power to issue laissez-passer to officials of the General Secretariat of the Council
   (2005/682/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular the second subparagraph of Article 207(2) thereof,
   Having regard to the Treaty on European Union, and in particular Articles 28(1) and 41(1) thereof,
   Having regard to the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, and in particular Article 7(1) thereof,
   Having regard to the Staff Regulations of officials and the Conditions of employment of other servants of the European Communities, laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EC, Euratom) No 723/2004 (2), and in particular Article 23 of the Staff Regulations and Article 11 of the Conditions of employment of their servants,
   Whereas:

               (1)

               Pursuant to Article 7(1) of the Protocol on the Privileges and Immunities of the European Communities, it is for the President of the Council to issue laissez-passer to officials and other servants of the General Secretariat of the Council, in accordance with the conditions laid down in Article 23 of the Staff Regulations.

               (2)

               The President of the Council should delegate this power to the Deputy Secretary-General of the Council,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The powers conferred on the President of the Council by Article 7(1) of the Protocol on the Privileges and Immunities of the European Communities for the issuing of laissez-passer to officials and other servants of the General Secretariat of the Council shall be exercised by the Deputy Secretary-General of the Council.
   The Deputy Secretary-General shall be authorised to delegate these powers to the Director-General of Administration.
   Article 2
   This Decision shall be published in the Official Journal of the European Union. It shall take effect on the day of its adoption.

      Done at Brussels, 20 September 2005.

            For the Council

            The President

         M. BECKETT

      (1)  OJ L 56, 4.3.1968, p. 1.

      (2)  OJ L 124, 27.4.2004, p. 1.


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31999D0289

1999/289/CFSP: Council Decision of 26 April 1999 concerning the extension of Common Position 96/635/CFSP on Burma/Myanmar

Official Journal L 114 , 01/05/1999 P. 0001 - 0001

COUNCIL DECISIONof 26 April 1999concerning the extension of Common Position 96/635/CFSP on Burma/Myanmar(1999/289/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article J.2 thereof,Whereas Common Position 96/635/CFSP of 28 October 1996 defined by the Council on the basis of Article J.2 of the Treaty on European Union, on Burma/Myanmar(1), as amended and extended by Decision 98/612/CFSP(2), expires on 29 April 1999;Whereas, Common Position 96/635/CFSP, should be further extended in the light of point 6 thereof,HAS DECIDED AS FOLLOWS:Article 1Common Position 96/635/CFSP is hereby extended until 29 October 1999.Article 2This Decision shall be published in the Official Journal.Done at Luxembourg, 26 April 1999.For the CouncilThe PresidentJ. FISCHER(1) OJ L 287, 8.11.1996, p. 1.(2) OJ L 291, 30.10.1998, p. 1.


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31999D0185

1999/185/EC, ECSC, Euratom: Commission Decision of 5 February 1999 adjusting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 1998 to the remuneration of officials of the European Communities serving in third countries (notified under document number C(1999) 458)

Official Journal L 060 , 09/03/1999 P. 0083 - 0084

COMMISSION DECISION of 5 February 1999 adjusting the weightings applicable from 1 February, 1 March, 1 April, 1 May and 1 June 1998 to the remuneration of officials of the European Communities serving in third countries (notified under document number C(1999) 458) (1999/185/EC, ECSC, Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing a single Council and a single Commission of the European Communities,Having regard to the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EC, Euratom, ECSC) No 2762/98 (2) and in particular the second paragraph of Article 13 of Annex X,Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (EC, ECSC, Euratom) No 1945/98 (3) laid down the weightings to be applied from 1 January 1998 to the remuneration of officials serving in third countries, payable in the currency of their country of employment;Whereas the Commission has made a number of adjustments to these weightings (4) in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations;Whereas some of these weightings should be adjusted with effect from 1 February, 1 March, 1 April, 1 May and 1 June 1998 given that the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,DECIDES:Sole Article With effect from 1 February, 1 March, 1 April, 1 May and 1 June 1998 the weightings applicable to the remuneration of officials serving in third countries payable in the currency of their country of employment are adjusted as shown in the Annex.The exchange rates for the calculation of such remuneration shall be those used for implementation of the general budget of the European Communities for the month preceding the date referred to in the first paragraph.Done at Brussels, 5 February 1999.For the CommissionHans VAN DEN BROEKMember of the Commission(1) OJ L 56, 4. 3. 1968, p. 1.(2) OJ L 346, 22. 12. 1998, p. 1.(3) OJ L 253, 15. 9. 1998, p. 1.(4) OJ L 194, 10. 7. 1998, p. 47.ANNEX >TABLE>>TABLE>>TABLE>>TABLE>


title: 2009/915/EC: Council Decision of 30 November 2009 amending Council Decision 2000/265/EC of 27 March 2000 on the establishment of a financial regulation governing the budgetary aspects of the management by the Deputy 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 communication infrastructure for the Schengen environment, SISNET

text:
               10.12.2009

               EN

               Official Journal of the European Union

               L 323/9

      COUNCIL DECISION

   of 30 November 2009
   amending Council Decision 2000/265/EC of 27 March 2000 on the establishment of a financial regulation governing the budgetary aspects of the management by the Deputy 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 communication infrastructure for the Schengen environment, ‘SISNET’
   (2009/915/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,
   Whereas:

               (1)

               The Deputy Secretary-General of the Council was authorised by Decision 1999/870/EC (1) and Decision 2007/149/EC (2) 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 communication infrastructure for the Schengen environment (‘SISNET’) and to manage such contracts, pending its migration to a communication infrastructure at the charge of the European Community.

               (2)

               The financial obligations arising under those contracts are borne by a specific budget (hereinafter ‘the SISNET Budget’) financing the communication infrastructure referred to in those Council Decisions.

               (3)

               The Member States which acceded to the European Union with the 2005 Act of Accession are to be integrated into the first generation Schengen Information System (SIS 1+) on a date to be set by the Council in accordance with Article 4(2) of the 2005 Act of Accession. From that date, those Member States should participate in the budget.

               (4)

               Liechtenstein is to participate in the provisions of the Schengen acquis related to the Schengen Information System from a date to be set by the Council in accordance with Article 10 of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis. From that date, Liechtenstein should participate in the budget,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Council Decision 2000/265/EC is hereby amended as follows:

               1.

               In Article 25, the following paragraphs shall be inserted:
               ‘(1a)   From 1 January 2010, the list of States referred to in paragraph 1 shall be extended to Bulgaria and Romania.
               (1b)   From 1 January 2010, the list of States referred to in paragraph 1 shall be extended to Liechtenstein.’

               2.

               The third sub-paragraph of Article 26 shall be deleted.

               3.

               Article 28 shall be amended as follows:

                           (a)

                           paragraph 1 shall be replaced by the following:
                           ‘1.   The States referred to in Article 25 shall be required to pay 70 % of their contribution by 1 April, and 30 % by 1 October at the latest.’;

                           (b)

                           paragraph 1a shall be deleted;

                           (c)

                           paragraph 3 shall be replaced by the following:
                           ‘3.   By way of derogation from paragraph 1, and without prejudice to Article 49, Bulgaria and Romania shall pay their entire respective contributions for 2010 by 31 December 2010. Liechtenstein shall pay its entire respective contribution for 2010 by 31 December 2010.’;

                           (d)

                           paragraph 4 shall be deleted.

               4.

               The fifth sub-paragraph of Article 37 shall be replaced by the following:
               ‘The Advisory Committee shall endeavour to adopt its opinions by consensus. If such consensus is not possible, the Advisory Committee shall adopt its opinions by a simple majority of its representatives. A quorum of 19 shall be required for the proceedings to be valid. In the event of a tied vote, the Chairman shall have the casting vote. From the date referred to in Article 25(1a), a quorum of 21 shall be required.’

               5.

               Point (c) of Article 49 shall be replaced by the following:

                           ‘(c)

                           adjustment of the contributions of the States referred to in Article 25 in order to establish the proportion of earlier SISNET 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 preceding financial year. If no data on VAT resources is available, the adjustment of contributions shall be calculated on the basis of the share of each Member State concerned in the total GDP of all the Member States referred to in Article 25. The percentage contribution shall be the subject of a “credit note” to the States referred to in Article 25, for an amount pro rata to their share as calculated in accordance with Article 26.’

         Article 2
   As regards Liechtenstein, the amendments provided for in Article 1 shall take effect once the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis has entered into force.
   Article 3
   This Decision shall take effect from the date of its adoption.
   Article 4
   It shall be published in the Official Journal of the European Union.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  OJ L 337, 30.12.1999, p. 41.

      (2)  OJ L 66, 6.3.2007, p. 19.


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31996D0410

96/410/EC: Council Decision of 28 May 1996 on the provisional application of an Agreement between the European Community and the United Arab Emirates on trade in textile products

Official Journal L 169 , 08/07/1996 P. 0039 - 0039

COUNCIL DECISION of 28 May 1996 on the provisional application of an Agreement between the European Community and the United Arab Emirates on trade in textile products (96/410/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2) thereof,Having regard to the proposal from the Commission,Whereas the Commission has negotiated, on behalf of the Community, a bilateral Agreement on trade in textile products with the United Arab Emirates;Whereas the Agreement should be applied on a provisional basis from 1 January 1996, pending the completion of procedures required for its conclusion, subject to reciprocal provisional application by the United Arab Emirates,HAS DECIDED AS FOLLOWS:Sole ArticleThe Agreement between the European Community and the United Arab Emirates on trade in textile products shall be applied on a provisional basis from 1 January 1996, pending its formal conclusion, subject to reciprocal provisional application by the United Arab Emirates.The text of the initialled Agreement is attached to this Decision.Done at Brussels, 28 May 1996.For the CouncilThe PresidentR. SERRI


title: 2011/492/EU: Council Decision of 18 July 2011 concerning the conclusion of consultations with the Republic of Guinea-Bissau under Article 96 of the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part

text:
               6.8.2011

               EN

               Official Journal of the European Union

               L 203/2

         COUNCIL DECISION
   of 18 July 2011
   concerning the conclusion of consultations with the Republic of Guinea-Bissau under Article 96 of the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part
   (2011/492/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States of the other part, signed in Cotonou on 23 June 2000 (1) and revised at Ouagadougou, Burkina Faso on 22 June 2010 (2) (the ACP-EU Partnership Agreement), and in particular Article 96 thereof,
   Having regard to the internal agreement on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3), and in particular Article 3 thereof,
   Having regard to the proposal from the European Commission,
   In conjunction with the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               The essential elements referred to in Article 9 of the ACP-EU Partnership Agreement have been violated.

               (2)

               On 29 March 2011, pursuant to Article 96 of the ACP-EU Partnership Agreement, consultations started with Guinea-Bissau in the presence of representatives of the African, Caribbean and Pacific Group of States, including the African Union, Economic Community of West African States (Ecowas) and the Community of Portuguese Language Countries (CPLP) during which representatives of the Guinea-Bissau government presented satisfactory proposals and undertakings.

               (3)

               Consequently, the consultations opened under Article 96 of the ACP-EU Partnership Agreement should be closed and appropriate measures adopted for the performance of these undertakings,

         HAS ADOPTED THIS DECISION:
   Article 1
   Consultations with Guinea-Bissau under Article 96 of the ACP-EU Partnership Agreement are hereby concluded.
   Article 2
   The measures set out in the annexed letter are hereby adopted as appropriate measures under Article 96(2)(c) of the ACP-EU Partnership Agreement.
   Article 3
   This Decision shall enter into force on the date of its adoption.
   It shall expire on 19 July 2012.
   It shall be reviewed regularly at least once every six months, preferably in the light of joint monitoring missions by the European External Action Service and the Commission.

      Done at Brussels, 18 July 2011.

            For the Council

            The President

         C. ASHTON

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

      (2)  OJ L 287, 4.11.2010, p. 3.

      (3)  OJ L 317, 15.12.2000, p. 376.

      ANNEX

         DRAFT LETTER
         President of the Republic of Guinea-Bissau,
         Prime Minister of the Republic of Guinea-Bissau,
         Sirs,
         The European Union regards the mutiny of 1 April 2010 and the subsequent appointment of its main instigators to high-ranking posts in the military hierarchy as a serious and evident breach of essential elements set out in Article 9 of the partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States of the other part, signed in Cotonou on 23 June 2000 (the ACP-EU Partnership Agreement). It has on several occasions expressed concern about the failure to ensure the primacy of civilian authority and to abide by the principles of good democratic governance in Guinea-Bissau.
         In application of Article 96 of the the ACP-EU Partnership Agreement, the European Union has therefore engaged in a political dialogue with the government in order to study the situation and possible solutions. Following the agreement of the Guinea-Bissau government, the consultations opened in Brussels on 29 March 2011.
         During the meeting the participants discussed the necessary measures for ensuring the primacy of civilian authority, improving democratic governance, guaranteeing the safeguarding of constitutional order and the rule of law and tackling impunity and organised crime. Prior to the consultations, the Guinea-Bissau authorities submitted a memorandum with proposals designed to assuage the concerns raised in the European Union’s letter.
         The European Union noted these undertakings in the course of the consultations, particularly as regards:

                     —

                     the conduct and conclusion of judicial investigations and proceedings that are fully independent and carried out under appropriate logistic and security conditions, relating to the assassinations in March and June 2009,

                     —

                     the effective implementation of the security sector reform based on the strategy adopted by the national parliament and the legislative package drawn up with the support of the EU’s CSDP mission,

                     —

                     the renewal of the military hierarchy to ensure the appointment to senior command of persons not involved in unconstitutional or illegal conduct or acts of violence, in conformity with the conclusions and recommendations of the Ecowas roadmap for security sector reform,

                     —

                     the approval of and assistance to an experts’ mission to support security sector reform and the protection of political figures, to be carried out with the support of Ecowas, the CPLP and/or other partners,

                     —

                     the preparation, adoption and effective implementation of national operational plans to implement security sector reform and to combat drug trafficking,

                     —

                     the improvement of the administrative and financial management of civilian and military employees, and measures to combat money laundering.

               In its conclusions following the consultations the European Union urged the representatives of Guinea-Bissau to undertake judicial investigations and proceedings into the events of 1 April 2010 to reinforce efforts to tackle the problem of impunity and to specify a more detailed timetable for implementation of these undertakings in compliance with the time-frame set out in the Ecowas roadmap.
         The European Union found the undertakings made by Guinea-Bissau broadly encouraging. Accordingly, it was decided to close the consultations and to adopt appropriate measures under Article 96(2)(c) of the ACP-EU Partnership Agreement.
         The gradual resumption of cooperation with a view to safeguarding the essential elements referred to in the the ACP-EU Partnership Agreement will take place in the following stages as set out in Annex I (schedule of commitments):

                     1.

                     The European Union is continuing to finance ongoing contracts, humanitarian and emergency operations, measures in direct support of the people of Guinea-Bissau and projects to combat transnational crime and support the consolidation of democracy. Guinea-Bissau is eligible for the EDF MDG initiative. The allocation of funding under regional projects covering Guinea-Bissau and from other EDF facilities (water, energy, etc.) and the launch of preparatory measures for the implementation of future projects, including the preparation and implementation of future operations by the European Investment Bank, will be examined on a case-by-case basis.

                     2.

                     The suspension of projects and programmes in the ‘Conflict Prevention’ focal sector (with the exception of Projust, Paracem and disbursement of contributions to the RSS pension fund under the PARSS programme to support reform of the security sector), the ‘Water and Energy’ focal sector (Bissau Electrification Project) and outside the focal sectors (the Sustainable Management of Road Transport Project and Private Sector Support Programme) will be lifted as soon as the following take place:

                                 (i)

                                 submission of a detailed timetable for implementation of security sector reform undertakings in compliance with the Ecowas roadmap;

                                 (ii)

                                 the finalisation, adoption, enactment and publication of the security sector reform legislative package drawn up with the support of the EU’s CSDP mission;

                                 (iii)

                                 the approval of and assistance to an experts’ mission to support security sector reform and the protection of political figures, to be carried out with the support of Ecowas, the CPLP and/or other partners; and

                                 (iv)

                                 the preparation, adoption and a start to effective implementation of national operational plans to implement security sector reform and to combat drug trafficking and money laundering.

                     3.

                     Disbursement of the EDF’s first contribution to the retirement pension fund for elderly surplus staff in the security sector (PARSS programme, 9th EDF), conditional on payment of the government’s and Ecowas’s contributions, will be subject to:

                                 (i)

                                 the conduct and conclusion of judicial investigations and proceedings that are fully independent and carried out under appropriate logistic and security conditions, relating to the assassinations in March and June 2009; and

                                 (ii)

                                 improvements in the administrative and financial management of public, civilian and military employees in Guinea-Bissau.

                     4.

                     The European Union will envisage resuming budget support, resumption of the new support programme for the justice sector (Projust, ‘Conflict Prevention’ focal sector), and preparing a new support programme for civil and military reforms (Paracem, ‘Conflict Prevention’ focal sector), after:

                                 (i)

                                 continued effective implementation of national operational plans to implement security sector reform and to combat drug trafficking and money laundering;

                                 (ii)

                                 the commencement of judicial investigations and proceedings into the events of 1 April 2010;

                                 (iii)

                                 renewal of the military hierarchy to ensure the appointment to senior command of persons not involved in unconstitutional or illegal conduct or acts of violence, in conformity with the conclusions and recommendations of the Ecowas roadmap for security sector reform.

               The European Union reserves the right to amend these measures in the light of the changing political situation and progress in the implementation of commitments.
         As part of the procedure under Article 96 of the ACP-EU Partnership Agreement, the European Union will continue to monitor the situation in Guinea-Bissau closely over a period of 12 months. During this period an enhanced dialogue will be pursued with the government under Article 8 of the ACP-EU Partnership Agreement with a view to safeguarding the essential elements referred to in that Agreement. Regular reviews will be conducted by the European Union; the first monitoring mission should in principle take place within six months.
         The two parties undertake to hold a regular political dialogue under Article 8 of the ACP-EU Partnership Agreement on reforms in the area of political, judicial and economic governance, paying particular attention to the reform of the security sector, measures to tackle impunity and organised crime, particularly drug trafficking.
         We have the honour to be, Sirs, yours faithfully,

                  For the Council

                  The President

               C. ASHTON

                  For the Commission

                  Commissioner

               A. PIEBALGS

         ANNEX I: SCHEDULE OF COMMITMENTS

                     Commitments by partners

                     Commitment by Guinea-Bissau

                     Commitment by the European Union

                     STATE OF PLAY

                     Financing continues for ongoing contracts, humanitarian and emergency operations, measures in direct support of the people of Guinea-Bissau and projects to combat transnational crime and support the consolidation of democracy. Programmes and actions covered by appropriate measures have been frozen. The country is eligible for the MDG initiative. The allocation of funding under regional projects covering Guinea-Bissau and from other EDF facilities (water, energy, etc.) and the launch of preparatory measures for the implementation of future projects, including the preparation and implementation of possible operations by the European Investment Bank, to be examined on a case-by-case basis by the competent departments of the European Union.

                     Implementation of the following undertakings:

                                 —

                                 Submission of a detailed timetable for implementation of security sector reform undertakings in compliance with the Ecowas roadmap

                                 —

                                 Finalisation, adoption, enactment and publication of the security sector reform legislative package (1) drawn up with the support of the EU’s CSDP mission

                                 —

                                 Approval of and assistance to an experts’ mission to support security sector reform and the protection of political figures, to be carried out with the support of Ecowas, the CPLP and/or other partners

                                 —

                                 Preparation, adoption and start to effective implementation of national operational plans to implement security sector reform and to combat drug trafficking and money laundering

                     Resumption of projects and programmes:

                                 —

                                 in the ‘Conflict Prevention’ focal sector (with the exception of Projust, Paracem and disbursement of contributions to the RSS pension fund under the PARSS programme)

                                 —

                                 the ‘Water and Energy’ focal sector (Bissau Electrification Project)

                                 —

                                 outside the focal sectors (the Sustainable Management of Road Transport Project and Private Sector Support Programme)

                        (current financial reference amount: EUR 23,2 million)

                     Implementation of the following undertakings:

                                 —

                                 Conduct and conclusion of judicial investigations and proceedings that are fully independent and carried out under appropriate logistic and security conditions relating to the assassinations in March and June 2009

                                 —

                                 Improvements in the administrative and financial management of public, civilian and military employees in Guinea-Bissau

                                 —

                                 Disbursement of the contribution to the retirement pension fund for elderly surplus staff in the security sector (PARSS programme, ‘Conflict Prevention’ sector), in so far as the government and Ecowas provide the necessary funding

                        (current financial reference amount: EUR 3 million)

                     Implementation of the following undertakings:

                                 —

                                 Effective implementation of national operational plans to implement security sector reform and to combat drug trafficking and money laundering

                                 —

                                 Commencement of judicial investigations and proceedings into the events of 1 April 2010

                                 —

                                 Renewal of the military hierarchy to ensure the appointment to senior command of persons not involved in unconstitutional or illegal conduct or acts of violence, in conformity with the conclusions and recommendations of the Ecowas roadmap for security sector reform

                     Resumption of programmes:

                                 —

                                 support programme for the justice sector (Projust, ‘Conflict Prevention’ focal sector)

                                 —

                                 to support reform of the civil and military administration – Paracem (‘Conflict Prevention’ focal sector)

                                 —

                                 for budgetary support

                        (current financial reference amount: EUR 46 million)

         (1)  Framework legislation for the reform of the security sector (indicative list [translation]): National Strategic Defence Concept, National Defence Act, Armed Forces Organisation Act, Armed Forces General Staff Act, Army Act, Navy Act, Air Force Act, Defence Ministry Act, Military Readiness Act (revision of Act No 3/99), Military Service Act (revision of Act No 4/99), Interior Ministry Act.


title: Commission Decision of 2 November 2010 setting up the European Multi-Stakeholder Forum on Electronic Invoicing (e-invoicing)

text:
               3.12.2010

               EN

               Official Journal of the European Union

               C 326/13

         COMMISSION DECISION
   of 2 November 2010
   setting up the European Multi-Stakeholder Forum on Electronic Invoicing (e-invoicing)
   2010/C 326/07
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               The Europe 2020 strategy, as set out in the communication from the Commission entitled ‘Europe 2020: A strategy for smart, sustainable and inclusive growth’, sets out a vision of Europe’s social market economy for the 21st century enjoying the full economic and social benefits of a digital society.

               (2)

               One of the flagship initiatives of the Europe 2020 strategy, set out in the communication from the Commission entitled ‘A Digital Agenda for Europe’ (1), gives a prominent role to achieving a single digital market by removing the regulatory and technical barriers which prevent citizens from reaping its full benefits.

               (3)

               Due to the close link between invoicing and payment processes, the creation of the Single Euro Payments Area (SEPA) offers a launch pad for interoperable European e-invoicing schemes. Those schemes can benefit to enterprises and financial service providers through improved efficiency and automation of supply chains.

               (4)

               Council Directive 2006/112/EC on the common system of value added tax (2) requires Member States, as of 1 January 2013, to adhere to the principle of equal treatment between paper and e-invoices.

               (5)

               The communication (3) from the Commission entitled ‘Reaping the benefits of electronic invoicing for Europe’ proposes the establishment of a European multi-stakeholder forum to assist the Commission in coordinating actions at Member States level and identifying measures at Union level to facilitate the mass adoption of e-invoicing.

               (6)

               It is therefore necessary to set up a group of experts in the field of e-invoicing and to define its tasks and its structure.

               (7)

               The group’s main task will be to monitor the uptake of e-invoicing and to help to develop the e-invoicing market across the Member States. It should liaise with national multi-stakeholder fora and pay particular attention to cross border aspects of e-invoicing and the uptake of e-invoicing by small and medium-sized enterprises.

               (8)

               The European multi-stakeholder e-invoicing forum should be composed of members from national fora and representatives of European associations from the users’ community, the European Committee for Standardisation (CEN), the European Central Bank (ECB) and the Article 29 Data Protection Working Party.

               (9)

               Rules on disclosure of information by members of the Forum should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (4).

               (10)

               Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5).

               (11)

               It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   The European Multi-Stakeholder Forum on Electronic Invoicing (e-invoicing), hereinafter referred to as ‘the Forum’, is hereby set up.
   Article 2
   Tasks
   1.   The Forum’s task shall be:

               (a)

               to assist the Commission in the monitoring of the development of the e-invoicing market and the e-invoicing adoption level in industry and services sectors across the Member States;

               (b)

               to bring about an exchange of experience and good practice that facilitates the emergence of interoperable e-invoicing solutions;

               (c)

               to point out problems encountered in particular as regards cross-border transactions and propose appropriate solutions;

               (d)

               to support and monitor work leading to the adoption of a e-invoice standard data model.

         2.   In carrying out its tasks, the Forum shall take account of the results of previous activities, existing work and solutions, in particular concerning the legal environment, business requirements and technical standards, in the domain of e-invoicing in the public and private sector.
   Article 3
   Consultation
   The Commission may consult the group on any matter relating to:

               (a)

               other legislative initiatives that should be taken at Union level to address remaining barriers for the uptake of e-invoicing;

               (b)

               business processes in the financial supply chain that could facilitate the roll-out of e-invoicing, in particular in the field of payments and the Single Euro Payments Area (SEPA);

               (c)

               national and European actions supporting the adoption of e-invoicing, in particular by small and medium-sized enterprises.

         Article 4
   Composition
   The Forum shall be composed of 63 members:

               (a)

               two members per national multi-stakeholder forum;

               (b)

               six members of European associations representing consumers, small and medium-sized enterprises and large corporates;

               (c)

               one representative from each of the European Committee for Standardisation (CEN), the European Central Bank (ECB) and the Article 29 Data Protection Working Party (6).

         Article 5
   Membership — Appointment
   1.   The Commission shall appoint the members of the Forum in accordance with the following:

               1.

               the members referred to in Article 4(a) shall be appointed on the basis of the proposals by the Member States. These members are appointed as representing the national multi-stakeholder forum;

               2.

               the members referred to in Article 4(b) shall be appointed to represent the organisations mentioned in Article 4(b): the Commission Services will ensure balanced representation amongst these stakeholder groups;

               3.

               the representatives referred to in Article 4(c) shall be appointed on the basis of the respective proposals of CEN, the ECB and the Article 29 Data Protection Working Party.

         2.   The members are appointed for three years.
   3.   Members who are no longer capable of contributing effectively to the group’s deliberations, who resign or who do not comply with the conditions set out in paragraph 1 of this Article, or Article 339 of the Treaty, may be replaced for the remainder of their term of office.
   4.   The names of the Members referred to in Article 4 shall be published in the Register of Commission expert groups and other similar entities.
   5.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 6
   Operations
   1.   The Forum shall be chaired by a representative of the Commission.
   2.   The Commission’s representative may invite experts on an ad hoc basis from outside the Forum with specific competence on a subject on the agenda to participate in the work of the Forum. In addition, the Commission’s representative may give observer status to individuals, organisations as defined in Rule 8(3) of the horizontal rules on expert groups and candidate countries.
   3.   Members of the Forum, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in the Annex to Decision 2001/844/EC, ECSC, Euratom. Should they fail to respect these obligations, the Commission may take all appropriate measures.
   4.   The meetings of the Forum shall be held on Commission premises. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend the meetings of the Forum.
   5.   The Forum shall adopt any necessary rules of procedures on the basis of the standard rules of procedures adopted by the Commission.
   6.   The Commission publishes relevant information on the activities carried out by the Forum either by including it in the Register or via a link from the Register to a dedicated website.
   7.   At the end of the mandate of the Forum, the Commission shall prepare a report on the progress achieved by the Forum. That report shall be made available to the public.
   Article 7
   Meeting expenses
   1.   Participants in the activities of the Forum shall not be remunerated for the services they render.
   2.   Travel and subsistence expenses incurred by participants in the activities of the Forum shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
   3.   Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
   Article 8
   Applicability
   This Decision shall apply until 31 December 2013.

      Done at Brussels, 2 November 2010.

            For the Commission

         Michel BARNIER

            Member of the Commission

      (1)  COM(2010) 45.

      (2)  OJ L 347, 11.12.2006, p. 1.

      (3)  COM(2010) 712.

      (4)  OJ L 317, 3.12.2001, p. 1.

      (5)  OJ L 8, 12.1.2001, p. 1.

      (6)  Directive 95/46/EC (OJ L 281, 23.11.1995, p. 31).


title: Council Decision of 30 January 1978 replacing a member of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions

text:
15. 2. 78                      Official Journal of the European Communities                            No L 44/ 13
                                            COUNCIL DECISION
                                               of 30 January 1978
          replacing a member of the Administrative Board of the European Foundation
                        for the Improvment of Living and Working Conditions
                                                   (78/ 140/ EEC)
          THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community,
           Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation
           of a European Foundation for the Improvement of Living and Working Conditions ('),
           and in particular Article 6 thereof,
           Having regard to the Council Decision of 15 March 1976 appointing, for the period
          ending 14 March 1979, the members of the Administrative Board of the European Foun
          dation for the Improvement of Living and Working Conditions,
          Whereas a seat as member of the Administrative Board of the abovementioned Founda
           tion in the government representatives category has become vacant as a result of the resig
           nation of Mr O'Carroll, of which the Council was informed on 29 December 1977 ;
           Having regard to the nomination submitted by the Irish Government on 13 January
           1978 ,
           HAS DECIDED AS FOLLOWS :
                                                    Sole Article
          Mr G. B. O'Sullivan is hereby appointed a member of the Administrative Board of the
           European Foundation for Improvement of Living and Working Conditions to replace Mr
          O'Carroll for the remainder of the latter's term of office, namely until 14 March 1979.
           Done at Brussels, 30 January 1978 .
                                                                      For the Council
                                                                       The President
                                                                       P. DALSAGER
          (■) OJ No L 139, 30. 5. 1975, p. 1 .


Avis juridique important

|

31973D0425

73/425/EEC: Commission Decision of 31 October 1973 on the Advisory Committee on Raw Tobacco

Official Journal L 355 , 24/12/1973 P. 0050 - 0052 Greek special edition: Chapter 03 Volume 10 P. 0084  Spanish special edition: Chapter 03 Volume 7 P. 0126  Portuguese special edition Chapter 03 Volume 7 P. 0126

++++ ( 1 ) OJ N L 14 , 18 . 1 . 1971 , PP . 8 TO 10 .   ( 2 ) OJ N L 94 , 28 . 4 . 1970 .  COMMISSION DECISION  OF 31 OCTOBER 1973  ON THE ADVISORY COMMITTEE ON RAW TOBACCO   ( 73/425/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  WHEREAS AN ADVISORY COMMITTEE ON RAW TOBACCO WAS SET UP BY THE COMMISSION DECISION OF 22 DECEMBER 1970 ( 1 ) ;  WHEREAS AS A GENERAL RULE IT HAS NOT BEEN FOUND NECESSARY TO VARY THE NUMBER AND APPORTIONMENT OF SEATS ON THE ADVISORY COMMITTEES ON AGRICULTURE AS A RESULT OF THE ACCESSION OF NEW MEMBER STATES TO THE COMMUNITY ;  WHEREAS , HOWEVER , THE TEXT OF THE DECISION AFORESAID DOES REQUIRE CERTAIN MINOR ALTERATIONS AND IT IS THEREFORE NECESSARY FOR THE SAKE OF CLARITY TO PRODUCE A COMPLETELY NEW VERSION OF THE TEXT ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE TEXT OF THE DECISION OF 22 DECEMBER 1970 SETTING UP AN ADVISORY COMMITTEE ON RAW TOBACCO IS REPLACED BY THE FOLLOWING :   " ARTICLE 1  1 . THERE SHALL BE ATTACHED TO THE COMMISSION AN ADVISORY COMMITTEE ON RAW TOBACCO , HEREINAFTER CALLED THE " COMMITTEE " .  2 . THE COMMITTEE SHALL BE COMPOSED OF REPRESENTATIVES OF THE FOLLOWING INTERESTS : PRODUCERS , COOPERATIVES , THE TOBACCO INDUSTRY , THE TOBACCO TRADE , WORKERS IN THE RELEVANT SECTORS , CONSUMERS .  ARTICLE 2  1 . THE COMMITTEE MAY BE CONSULTED BY THE COMMISSION ON ANY PROBLEM CONCERNING THE OPERATION OF REGULATION ON THE COMMON ORGANIZATION OF THE MARKET IN RAW TOBACCO AND IN PARTICULAR ON MEASURES TO BE ADOPTED 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 .  3 . IN RESPECT OF PROBLEMS CONCERNING THE SALE OF LEAF TOBACCO UNDER ARTICLE 3 OF REGULATION ( EEC ) N 727/70 ( 2 ) AND IN PARTICULAR AS REGARDS THE TERMS OF THE CONTRACTS REFERRED TO IN THAT ARTICLE , THE COMMISSION MAY , THROUGH THE JOINT WORKING PARTY PROVIDED FOR IN ARTICLE 5 OF THIS DECISION , CONSULT ONLY THE REPRESENTATIVES OF RAW TOBACCO PRODUCERS AND THE REPRESENTATIVES OF THE TOBACCO INDUSTRY AND THE TOBACCO TRADE .  ARTICLE 3  1 . THE COMMITTEE SHALL CONSIST OF THIRTY-EIGHT MEMBERS .  2 . SEATS ON THE COMMITTEE SHALL BE APPORTIONED AS FOLLOWS :   _ NINETEEN TO REPRESENTATIVES OF RAW TOBACCO PRODUCERS AND OF PRODUCERS' COOPERATIVES , OF WHICH AT LEAST ONE SEAT TO BE ALLOCATED TO COOPERATIVES ,   _ FOUR TO REPRESENTATIVES OF THE TOBACCO TRADE ,   _ SIX TO REPRESENTATIVES OF THE TOBACCO INDUSTRY , OF WHICH TWO SEATS TO BE ALLOCATED TO PUBLIC UNDERTAKINGS ,   _ SIX TO REPRESENTATIVES OF AGRICULTURAL WORKERS AND OF WORKERS IN THE TOBACCO INDUSTRY ,   _ THREE 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 RAW TOBACCO ; 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 .  A MEMBER'S TERM OF OFFICE MAY BE TERMINATED BEFORE EXPIRY OF THE THREE YEARS BY DEATH OR RESIGNATION .  IT MAY ALSO BE TERMINATED WHERE THE BODY WHICH THE MEMBER REPRESENTS REQUESTS THAT HE BE REPLACED .  A PERSON SHALL BE APPOINTED , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN PARAGRAPH 1 , TO REPLACE SUCH MEMBER FOR THE REMAINDER OF HIS TERM OF OFFICE .  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 . THERE SHALL BE SET UP UNDER THE AUSPICES OF THE COMMITTEE A JOINT WORKING PARTY CONSISTING OF SEVEN PRODUCERS' REPRESENTATIVES AND SEVEN REPRESENTATIVES OF THE TOBACCO TRADE AND THE TOBACCO INDUSTRY , APPOINTED BY THE COMMISSION ON PROPOSALS FROM THE TRADE ORGANIZATIONS CONCERNED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 4 .  MEMBERS OF THE WORKING PARTY NEED NOT BE MEMBERS OF THE COMMITTEE .  THE TRADE AND INDUSTRY REPRESENTATIVES SHALL BE AS FOLLOWS :   _ TWO REPRESENTATIVES OF THE RAW TOBACCO TRADE ,   _ FIVE REPRESENTATIVES OF THE TOBACCO INDUSTRY , OF WHOM TWO SHALL REPRESENT PUBLIC UNDERTAKINGS .  2 . IN THE EVENT OF A MEMBER OF THE JOINT WORKING PARTY BEING UNABLE TO ATTEND A MEETING , AND IN THIS EVENT ONLY , ANOTHER PERSON MAY ATTEND IN HIS STEAD . THE TRADE ORGANIZATION WHICH PROPOSED THE ABSENT MEMBER MAY PROPOSE A SUBSTITUTE FOR HIM TO THE CHAIRMAN .  3 . THE CHAIRMAN OF THE JOINT WORKING PARTY MAY INDICATE TO THE COMMISSION THE DESIRABILITY OF CONSULTING THE WORKING PARTY ON ANY MATTER WITHIN ARTICLE 2 ( 3 ) ON WHICH IT HAS NOT BEEN CONSULTED . HE SHALL DO SO , IN PARTICULAR , AT THE REQUEST OF EITHER OF THE TWO SIDES REPRESENTED ON THE WORKING PARTY .  ARTICLE 6  1 . THE COMMITTEE SHALL , BY A TWO-THIRDS MAJORITY OF THE MEMBERS PRESENT , ELECT A CHAIRMAN AND TWO VICE-CHAIRMEN FOR A PERIOD OF THREE YEARS .  THE COMMITTEE MAY , BY THE LIKE MAJORITY , ELECT FURTHER OFFICERS FROM AMONG THE OTHER MEMBERS .  IN THAT CASE , THE OFFICERS OTHER THAN THE CHAIRMAN SHALL CONSIST AT MOST OF ONE REPRESENTATIVE OF EACH INTEREST REPRESENTED ON THE COMMITTEE . THE OFFICERS SHALL PREPARE AND ORGANIZE THE WORK OF THE COMMITTEE .  2 . THE JOINT WORKING PARTY SHALL , BY A TWO-THIRDS MAJORITY OF THE MEMBERS PRESENT , ELECT A CHAIRMAN AND VICE-CHAIRMAN FOR A PERIOD OF ONE YEAR .  THE CHAIRMAN AND VICE-CHAIRMAN MAY NOT BOTH REPRESENT THE SAME SIDE . THEY SHALL BE CHOSEN ALTERNATELY FROM THE TWO SIDES REPRESENTED .  ARTICLE 7  1 . AT THE REQUEST OF ANY OF THE INTERESTS REPRESENTED , THE CHAIRMAN MAY INVITE A PERSON DELEGATED BY THE INTEREST CONCERNED TO BE PRESENT AT MEETINGS OF THE COMMITTEE . HE MAY LIKEWISE ON SUCH REQUEST INVITE ANY PERSON WITH SPECIAL QUALIFICATIONS IN ANY SUBJECT ON THE AGENDA TO TAKE PART IN AN EXPERT CAPACITY IN THE DELIBERATIONS OF THE COMMITTEE .  2 . THE CHAIRMAN OF THE JOINT WORKING PARTY MAY INVITE ANY PERSON WITH SPECIAL QUALIFICATIONS IN ANY SUBJECT ON THE AGENDA TO TAKE PART IN AN EXPERT CAPACITY IN THE DELIBERATIONS OF THE WORKING PARTY .  3 . EXPERTS SHALL TAKE PART ONLY IN THOSE DISCUSSIONS IN THE COMMITTEE OR IN THE JOINT WORKING PARTY WHICH CONCERN THE QUESTIONS ON ACCOUNT OF WHICH THEY WERE INVITED .  ARTICLE 8  THE COMMITTEE AND THE JOINT WORKING PARTY MAY SET UP WORKING GROUPS TO ASSIST THEM IN CARRYING OUT IN THEIR WORK .  ARTICLE 9  1 . THE COMMITTEE AND THE JOINT WORKING PARTY 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 , THE JOINT WORKING PARTY AND THE WORKING GROUPS .  3 . SECRETARIAL SERVICES FOR THE COMMITTEE , ITS OFFICERS , THE JOINT WORKING PARTY AND THE WORKING GROUPS SHALL BE PROVIDED BY THE COMMISSION .  ARTICLE 10  THE COMMITTEE SHALL DISCUSS MATTERS ON WHICH THE COMMISSION HAS REQUESTED AN 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 COMMISSION ON THE OPINION TO BE GIVEN , THE COMMISSION 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 COMMITTEE .  ARTICLE 11  THE CHAIRMAN OF THE JOINT WORKING PARTY SHALL REPORT TO THE COMMITTEE ON THE WORK OF THE WORKING PARTY .  ARTICLE 12  WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 214 OF THE TREATY , WHERE THE COMMISSION INFORMS THEM THE OPINION REQUESTED OR THE QUESTION RAISED IS ON A MATTER OF A CONFIDENTIAL NATURE , MEMBERS OF THE COMMITTEE AND MEMBERS OF THE JOINT WORKING PARTY , OR THOSE ATTENDING IN THEIR STEAD PURSUANT TO ARTICLE 5 ( 2 ) , SHALL BE UNDER AN OBLIGATION NOT TO DISCLOSE INFORMATION WHICH HAS COME TO THEIR KNOWLEDGE THROUGH THE WORK OF THE COMMITTEE , THE JOINT WORKING PARTY OR THE WORKING GROUPS .  IN SUCH CASES , ONLY MEMBERS OF THE COMMITTEE , MEMBERS OF THE JOINT WORKING PARTY , THOSE ATTENDING IN THEIR STEAD PURSUANT TO ARTICLE 5 ( 2 ) , AND REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED MAY BE PRESENT AT MEETINGS . "  ARTICLE 2  THIS DECISION SHALL ENTER INTO FORCE ON 31 OCTOBER 1973 .  DONE AT BRUSSELS , 31 OCTOBER 1973 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI