Avis juridique important

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41994D0504

94/504/ECSC, EC, Euratom: Decision of the representatives of the Governments of the Member States of the European Communities of 26 July 1994 appointing Judges and Advocates-General to the Court of Justice

Official Journal L 203 , 06/08/1994 P. 0021 - 0021 Finnish special edition: Chapter 1 Volume 3 P. 0161  Swedish special edition: Chapter 1 Volume 3 P. 0161

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES of 26 July 1994 appointing Judges and Advocates-General to the Court of Justice (94/504/ECSC, EC, Euratom)THE REPRESENTATIVES OF THE  GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Comunity, and in particular Article 32b thereof,  Having regard to the Treaty establishing the European Community, and in particular Article 167 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 139 thereof,  Whereas the terms of office of Mr Giuseppe Federico Mancini, Mr Manuel Diez de Velasco, Mr José Carlos Moitinho de Almeida, Mr Fernand Grevisse, Mr Manfred Zuleeg, Mr P.J.G. Kapteyn and Mr David A.O. Edward, Judges of the Court of Justice, and those of  Mr Marco Darmon, Mr Walter Van Gerven and Mr Giuseppe Tesauro, Advocates-General at the Court of Justice, expire on 6 October 1994;  Whereas a partial renewal of the Court of Justice should be carried out for the period from 7 October 1994 to 6 October 2000 inclusive;  Whereas, owing to the resignation of Mr Ole Due as a judge, a judge should be appointed for the remainder of his term of office;  Whereas, due to the appointment of Mr Claus Gulmann as a judge, an Advocate-General should be appointed for the remainder of his term of office,  HAVE DECIDED AS FOLLOWS:   Article 1  1. Mr David A.O. Edward Mr Guenther Hirsch Mr P.J.G. Kapteyn Mr Antonio Mario La Pergola Mr Giuseppe Federico Mancini Mr José Carlos Moitinho de Almeida Mr Jean-Pierre Puissochet are hereby appointed Judges to the Court of Justice for the period from 7 October 1994 to 6 October 2000 inclusive.  2. Mr Georgios Cosmas Mr Philippe Leger Mr Giuseppe Tesauro are hereby Advocates-General to the Court of Justice for the period from 7 October 1994 to 6 October 2000 inclusive.   Article 2  1. Mr Claus Gulmann is hereby appointed Judge to the Court of Justice for the period from 7 October 1994 to 6 October 1997 inclusive.  2. Mr Michael Elmer is hereby appointed Advocate-General to the Court of Justice for the period from 7 October 1994 to 6 October 1997 inclusive.  Done at Brussel, 26 July 1994.  The President D. von KYAW


Avis juridique important

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32001X0808(01)

Decision of the Management Board of Europol of 22 March 2001 agreeing to the conditions and procedures laid down by Europol adapting the amounts mentioned in the Appendix to the Decision of the Europol Management Board of 16 November 1999 regarding taxes applicable to salaries and emoluments paid to Europol staff members for the benefit of Europol

Official Journal C 222 , 08/08/2001 P. 0001 - 0002

Decision of the Management Board of Europolof 22 March 2001agreeing to the conditions and procedures laid down by Europol adapting the amounts mentioned in the Appendix to the Decision of the Europol Management Board of 16 November 1999 regarding taxes applicable to salaries and emoluments paid to Europol staff members for the benefit of Europol(2001/C 222/01)THE MANAGEMENT BOARD OF EUROPOL,Having regard to the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union and Article 41(3) of the Europol Convention, on the privileges and immunities of Europol, the members of its organs, the deputy directors and employees of Europol(1), and in particular Article 10 thereof,Whereas:1. The Council decided on 15 March 2001 to adapt the salaries and emoluments for Europol officials with 3,7 % with retroactive effect as of 1 July 1999.2. The Management Board decided at its meeting of 27 February 2001 to effect an increase in the amounts mentioned in Article 4 of the Appendix to the Decision of the Management Board of 16 November 1999(2) by the same percentage and as of the same date as determined by the Council Decision of 15 March mentioned under point 1.3. In accordance with the same decision of the Management Board of 27 February 2001 the values thus established should be published in the Official Journal of the European Communities,HAS DECIDED AS FOLLOWS:Article 1With effect from 1 July 1999:1. The value mentioned in the first sentence of Article 4 of the Appendix to the Decision of the Europol Management Board of 16 November 1999 shall be replaced by EUR 93,93.2. The values in euro units of the table included in Article 4 of the Appendix to the Decision of the Europol Management Board of 16 November 1999 shall be replaced by the following:8 % to amounts between EUR 93,94 and EUR 1654,7510 % to amounts between EUR 1654,76 and EUR 2279,1812,50 % to amounts between EUR 2279,19 and EUR 2612,0715 % to amounts between EUR 2612,08 and EUR 2966,4017,50 % to amounts between EUR 2966,41 and EUR 3299,3020 % to amounts between EUR 3299,31 and EUR 3621,9722,50 % to amounts between EUR 3621,98 and EUR 3954,8625 % to amounts between EUR 3954,87 and EUR 4277,5427,50 to amounts between EUR 4277,55 and EUR 4610,4330 % to amounts between EUR 4610,44 and EUR 4933,1132,50 % to amounts between EUR 4933,12 and EUR 5266,0035 % to amounts between EUR 5266,01 and EUR 5589,1940 % to amounts between EUR 5589,20 and EUR 5922,0945 % to amounts above EUR 5922,10Article 2This Decision shall be published in the Official Journal of the European Communities.Article 3This Decision shall enter into force the day following that of its adoption.Done at The Hague, 22 March 2001.S. HeckscherChairman of the Management Board(1) OJ C 221, 19.7.1997, p. 2.(2) OJ C 65, 28.2.2001, p. 6.


title: 2009/735/EC: Council Decision of 24 September 2009 extending the period of application of the measures in Decision 2007/641/EC concluding consultations with the Republic of the Fiji Islands under Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument

text:
               6.10.2009

               EN

               Official Journal of the European Union

               L 262/43

      COUNCIL DECISION

   of 24 September 2009
   extending the period of application of the measures in Decision 2007/641/EC concluding consultations with the Republic of the Fiji Islands under Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument
   (2009/735/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the ACP-EC 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 in Luxembourg on 25 June 2005 (2), hereinafter referred to as ‘the ACP-EC Partnership Agreement’, and in particular Article 96 thereof,
   Having regard to the Internal Agreement between representatives of the governments of the Member States, meeting within the Council, 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 Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (4), hereinafter referred to as ‘the Development Cooperation Instrument’, and in particular Article 37 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

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

               (2)

               The values referred to in Article 3 of the Development Cooperation Instrument have been violated.

               (3)

               On 18 April 2007, pursuant to Article 96 of the ACP-EC Partnership Agreement and Article 37 of the Development Cooperation Instrument, formal consultations began with the ACP countries and the Republic of the Fiji Islands, during which the Fijian authorities gave specific commitments to remedy the problems identified by the European Union and to implement them.

               (4)

               Some substantive initiatives had been taken in respect of some of the commitments referred to in recital 3. Nevertheless, not only have important commitments concerning essential elements of the ACP-EC Partnership Agreement and the Development Cooperation Instrument yet to be implemented, but there have also recently been important regressive developments concerning a number of key commitments, such as the abrogation of the Constitution and a further substantial delay in holding elections.

               (5)

               Decision 2007/641/EC (5) expires on 1 October 2009.

               (6)

               Therefore, it is appropriate to prolong the validity of Decision 2007/641/EC,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Decision 2007/641/EC is modified as follows:

               1.

               in Article 3, the second paragraph is replaced by the following:
               ‘It shall expire on 31 March 2010. It shall be reviewed regularly at least once every six months, and without delay if new developments in the Republic of the Fiji Islands or new formal consultations with the ACP countries and the Republic of the Fiji Islands lead to specific commitments providing reasons to do so.’;

               2.

               the Annex is replaced by the Annex to this Decision.

         Article 2
   This Decision shall enter into force on the day of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 24 September 2009.

            For the Council

            The President

         M. OLOFSSON

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

      (2)  OJ L 287, 28.10.2005, p. 4.

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

      (4)  OJ L 378, 27.12.2006, p. 41.

      (5)  OJ L 260, 5.10.2007, p. 15.

      ANNEX

                  H.E. Ratu Epeli Nailatikau

                  Acting President of the Republic of the Fiji Islands

                  Suva

                  Republic of the Fiji Islands

            Excellency,
      The European Union attaches great importance to the provisions of Article 9 of the ACP-EC Partnership Agreement, hereinafter referred to as ‘the Cotonou Agreement’ and Article 3 of the Development Cooperation Instrument. The ACP-EC partnership is founded on respect for human rights, democratic principles and the rule of law, which form the essential elements of the Cotonou Agreement, and form the basis of our relations.
      On 11 December 2006 the Council of the European Union condemned the military takeover in Fiji.
      Under Article 96 of the Cotonou Agreement, and considering that the military takeover on 5 December 2006 constituted a violation of the essential elements listed in Article 9 of that Agreement, the European Union, hereinafter referred to as the ‘EU’, invited Fiji to consultations, as provided for in that Agreement, in order to thoroughly examine the situation and, where necessary, take steps to remedy it.
      The formal part of those consultations began in Brussels on 18 April 2007. The EU was pleased that at the time the Interim Government confirmed a number of key commitments regarding human rights and fundamental freedoms, respect for democratic principles and the rule of law, as noted below, and proposed positive steps regarding their implementation.
      Regrettably, there have since been a series of regressive developments, in particular in April 2009, meaning that Fiji is now in breach of a range of its commitments. This concerns notably the abrogation of the Constitution, the very substantial delay in holding the parliamentary elections, and human rights violations. Although implementation of the commitments has been substantially delayed, the majority of those commitments remain highly relevant to Fiji’s present situation, and are therefore annexed to this letter. As Fiji has decided to break a number of key commitments, this has led to losses for Fiji in terms of development funds.
      However, in the spirit of partnership forming the cornerstone of the Cotonou Agreement, the EU expresses its readiness to engage in new formal consultations as soon as there is a reasonable prospect for a positive conclusion to such consultations. The Interim Prime Minister has recently presented a roadmap for reforms and elections. The EU stands ready to engage in dialogue regarding this roadmap, and is prepared to consider whether it may serve as a basis for new consultations. Accordingly, the EU has decided to extend the existing appropriate measures for Fiji in order to create a window of opportunity for new consultations. While some of the appropriate measures are now out of date, it has been concluded that rather than update them unilaterally the EU prefers to further explore possibilities for new consultations with Fiji. Consequently, it is of particular importance that the Interim Government commits to an inclusive domestic political dialogue and to flexibility concerning the time frame for the coming roadmap. While the EU’s position is and always will be guided by the essential elements of the revised Cotonou Agreement as well as its fundamental principles, notably regarding the pivotal role of dialogue and the fulfilment of mutual obligations, it is stressed that there are no foregone conclusions on the EU’s side regarding the outcome of future consultations.
      If new consultations result in substantial commitments from Fiji, the EU is committed to an early, positive review of these appropriate measures. Conversely, if the situation in Fiji does not improve, then further losses of development funds for Fiji are set to continue.
      Until new consultations have taken place the EU invites Fiji to continue and intensify the enhanced political dialogue.
      The appropriate measures are as follows:

                  —

                  humanitarian aid as well as direct support to civil society may continue,

                  —

                  cooperation activities under way and/or in preparation, in particular under the 8th and 9th European Development Funds, hereinafter referred to as ‘EDF’, may continue,

                  —

                  the 9th EDF End-of-term Review may proceed,

                  —

                  cooperation activities, which would help the return to democracy and improve governance, may be pursued, save under very exceptional circumstances,

                  —

                  implementation of the sugar reform accompanying measures for 2006 may proceed. The financing agreement was signed at the technical level by Fiji on 19 June 2007. It is noted that the financing agreement includes a suspension clause,

                  —

                  the Interim Government’s acceptance on 19 June 2007 of the report of 7 June by the Pacific Islands Forum’s independent election experts is in line with Commitment No 1 agreed on 18 April 2007 between the Interim Government and the EU. Consequently, the preparation and eventual signing of the multiannual indicative programme for sugar reform accompanying measures for 2008-2010 can proceed,

                  —

                  the finalisation, signing at the technical level and implementation of the Country Strategy Paper and National Indicative Programme for the 10th EDF with an indicative financial envelope, as well as the possible allocation of an incentive tranche of up to 25 % of this sum, will be subject to respect of the commitments made with regard to human rights and the rule of law; notably that the Interim Government upholds the Constitution, that the independence of the judiciary is fully respected and that the Public Emergency Regulations, reintroduced on 6 September 2007, are lifted as soon as possible, that all allegations of human rights infringements are investigated or dealt with in accordance with the various procedures and forums under the laws of the Fiji Islands and that the Interim Government shall use best endeavours to prevent statements by security agencies destined to intimidate,

                  —

                  the 2007 sugar allocation will be zero,

                  —

                  the 2008 sugar allocation will become available, subject to evidence of credible and timely preparation of elections in accordance with the agreed commitments; notably regarding census, redrafting of boundaries and electoral reform in accordance with the Constitution, that measures will be taken to ensure the functioning of the Elections Office, including the appointment by a Supervisor of Elections by 30 September 2007 in accordance with the Constitution,

                  —

                  the 2009 sugar allocation will become available subject to a legitimate government being in place,

                  —

                  the 2010 allocation will depend on progress made in implementing the 2009 sugar allocation and the continuation of the democratic process,

                  —

                  additional support for the preparation and implementation of key commitments, in particular in support of the preparation and/or holding of elections, could be considered over and above what is described in this letter,

                  —

                  regional cooperation, and Fiji’s participation in it, is unaffected,

                  —

                  cooperation with the European Investment Bank and the Centre for the Development of Enterprise may continue subject to the timely fulfilment of commitments made.

            Follow-up of the commitments will be in accordance with the commitments on monitoring in terms of regular dialogue, cooperation with missions and reporting, as referred to in Annex.
      Furthermore, the EU expects Fiji to cooperate fully with the Pacific Islands Forum regarding the implementation of the recommendations by the Eminent Persons’ Group, as endorsed by the Forum Foreign Ministers at their meeting in Vanuatu on 16 March 2007.
      The European Union will continue to follow the situation in Fiji closely. Under Article 8 of the Cotonou Agreement, an enhanced political dialogue will be conducted with Fiji to ensure the respect for human rights, restoration of democracy and respect for the rule of law until both parties conclude that the enhanced nature of dialogue has served its purpose.
      If there is a slowing down, breakdown or reversal in the implementation by the Interim Government of the commitments made, the EU reserves the right to adjust the appropriate measures.
      The EU stresses that Fiji’s privileges in its cooperation with the EU depend on respect for the essential elements of the Cotonou Agreement and for the values referred to in the Development Cooperation Instrument. In order to convince the EU that the Interim Government is fully prepared to follow-up on the commitments given, it is essential that early and substantial progress is made in the fulfilment of the agreed commitments.
      Yours sincerely,
      Done at Brussels,

            For the Commission

            For the Council

         Annex to the Annex

            AGREED COMMITMENTS WITH THE REPUBLIC OF THE FIJI ISLANDS

         A.   Respect for Democratic Principles

         Commitment No 1
         That free and fair parliamentary elections take place within 24 months from 1 March 2007 subject to the findings of the assessment to be carried out by the independent auditors appointed by the Pacific Islands Forum Secretariat. The processes leading to and the holding of the elections shall be jointly monitored, adapted and revised as necessary on the basis of mutually agreed benchmarks. This implies in particular that:

                     —

                     by 30 June 2007 the Interim Government will adopt a schedule setting out dates for the completion of the various steps to be taken in preparation for the new parliamentary elections,

                     —

                     the schedule specifies the timing of census, redrafting of boundaries and electoral reform,

                     —

                     determination of boundaries and electoral reform shall be carried out in accordance with the Constitution,

                     —

                     measures will be taken to ensure the functioning of the Elections Office including the appointment of a Supervisor of Elections by 30 September 2007 in accordance with the Constitution,

                     —

                     the appointment of the Vice-President shall be made in accordance with the Constitution.

               Commitment No 2
         That the Interim Government, when adopting major legislative, fiscal and other policy initiatives and changes, shall take into account consultations with civil society and other relevant stakeholders.
         B.   Rule of Law

         Commitment No 1
         That the Interim Government shall use best endeavours to prevent statements by security agencies destined to intimidate.
         Commitment No 2
         That the Interim Government upholds the 1997 Constitution and guarantees the normal and independent functioning of constitutional institutions, such as the Fiji Human Rights Commission, Public Service Commission, Constitutional Offices Commission. The substantial independence and functioning of the Great Council of Chiefs will be preserved.
         Commitment No 3
         That the independence of the judiciary is fully respected, that it is allowed to work freely and that its rulings are respected by all concerned parties, in particular:

                     —

                     that the Interim Government undertakes that the tribunal pursuant to Section 138(3) of the Constitution be appointed by 15 July 2007,

                     —

                     that any appointment and/or dismissal of judges is henceforth carried out in strict conformity with constitutional provisions and procedural rules,

                     —

                     that no instances whatsoever occur, of whatever form, of interference by the military and the police or by the Interim Government with the judicial process, including full respect for the legal profession.

               Commitment No 4
         That all criminal proceedings linked to corruption are dealt with through the appropriate judicial channels and that any other bodies that may be set up to investigate alleged cases of corruption will operate within constitutional boundaries.
         C.   Human Rights and Fundamental Freedoms

         Commitment No 1
         The Interim Government will take all necessary steps to facilitate that all allegations of human rights infringements are investigated or dealt with in accordance with the various procedures and forums under the laws of the Fiji Islands.
         Commitment No 2
         The Interim Government intends to lift the Public Emergency Regulations in May 2007 subject to any threats to national security, public order and safety.
         Commitment No 3
         The Interim Government is committed to ensuring that the Fiji Human Rights Commission functions with full independence and in accordance with the Constitution.
         Commitment No 4
         That the freedom of expression and the freedom of the media, in all its forms are fully respected as provided in the Constitution.
         D.   Follow-up of Commitments

         Commitment No 1
         That the Interim Government undertakes to maintain a regular dialogue to allow verification of progress made and gives EU and EC authorities/representatives full access to information on all matters linked to human rights, the peaceful restoration of democracy and the rule of law in Fiji.
         Commitment No 2
         That the Interim Government cooperates fully with eventual missions from the EU and the EC for assessing and monitoring progress.
         Commitment No 3
         That the Interim Government sends progress reports every three months starting 30 June 2007 regarding the essential elements of the Cotonou Agreement and the commitments.
         It is noted that certain issues can only be effectively addressed through a pragmatic approach which acknowledges the realities of the present and which focuses on the future.


Avis juridique important

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31982D0402

82/402/EEC: Council Decision of 17 May 1982 adopting a research and development programme (1982 to 1985) in the raw materials sector

Official Journal L 174 , 21/06/1982 P. 0023 - 0029

++++COUNCIL DECISION  OF 17 MAY 1982  ADOPTING A RESEARCH AND DEVELOPMENT PROGRAMME ( 1982 TO 1985 ) IN THE RAW MATERIALS SECTOR   ( 82/402/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 235 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,  WHEREAS ARTICLE 2 OF THE TREATY ASSIGNS TO THE COMMUNITY THE TASK INTER ALIA OF PROMOTING THROUGHOUT THE COMMUNITY A HARMONIOUS DEVELOPMENT OF ECONOMIC ACTIVITIES , A CONTINUOUS AND BALANCED EXPANSION AND AN ACCELERATED RAISING OF THE STANDARD OF LIVING ;  WHEREAS THE COUNCIL RESOLUTION OF 14 JANUARY 1974 ON AN INITIAL OUTLINE PROGRAMME OF THE EUROPEAN COMMUNITIES IN THE FIELD OF SCIENCE AND TECHNOLOGY ( 3 ) STRESSED THAT THE WHOLE RANGE OF AVAILABLE MEANS OF ACTION SHOULD BE USED AS APPROPRIATE , INCLUDING INDIRECT ACTION ;  WHEREAS THE COMMUNITY DEPENDS TO A GREAT EXTENT ON THIRD COUNTRIES FOR ITS SUPPLY OF RAW MATERIALS , AND IT IS THUS IN THE COMMUNITY'S INTEREST TO INCREASE ITS SELFSUPPLY POTENTIAL , AND IN PARTICULAR TO DEVELOP NEW TECHNOLOGIES FOR ITS INDIGENOUS RESOURCES ;  WHEREAS COMMUNITY RESEARCH ACTION IN THE RAW MATERIALS SECTOR WILL CONTRIBUTE EFFECTIVELY TO THE ACHIEVEMENT OF THE ABOVEMENTIONED OBJECTIVES , PARTICULARLY THROUGH THE DISCOVERY AND ECONOMIC EXPLOITATION OF INTERNAL RESOURCES , THE IMPROVEMENT OF WASTE RECOVERY , RECYCLING AND RE-USE AND THE DEVELOPMENT OF MATERIAL SUBSTITUTION FOR A MORE EFFICIENT USE OF MATERIALS , AS WELL AS THROUGH THE DEVELOPMENT OF EXPORTABLE TECHNIQUES AND TECHNOLOGIES ;  WHEREAS BY DECISION 79/968/EEC ( 4 ) THE COUNCIL ADOPTED A MULTIANNUAL RESEARCH AND DEVELOPMENT PROGRAMME FOR THE EUROPEAN COMMUNITIES IN THE FIELD OF THE RECYCLING OF URBAN AND INDUSTRIAL WASTE ;  WHEREAS BY DECISION 78/264/EURATOM ( 5 ) , AS AMENDED BY DECISION 81/364/EURATOM ( 6 ) , THE COUNCIL ADOPTED , FOR A PERIOD OF FIVE YEARS WITH EFFECT FROM 1 JANUARY 1978 , A PROGRAMME OF RESEARCH AND DEVELOPMENT FOR THE EUROPEAN ATOMIC ENERGY COMMUNITY ON URANIUM EXPLORATION AND EXTRACTION ;  WHEREAS ON 19 APRIL 1977 THE EUROPEAN PARLIAMENT ADOPTED A RESOLUTION ON THE COMMUNITY'S RAW MATERIALS SUPPLY ;  WHEREAS IN ITS DELIBERATIONS OF 20 DECEMBER 1979 THE COUNCIL INVITED THE COMMISSION TO CONCENTRATE COMMUNITY RESEARCH PROGRAMMES ON SECTORS OF PRIORITY INTEREST , INCLUDING ENERGY AND RAW MATERIALS , AND TO RATIONALIZE THE STRUCTURES FOR THE PREPARATION , ADOPTION AND IMPLEMENTATION OF THESE PROGRAMMES ; WHEREAS A GROUPING OF INDIRECT ACTIONS IN THE RAW MATERIALS SECTOR WOULD CONSTITUTE A CONTRIBUTION TOWARDS MEETING THESE OBJECTIVES ;  WHEREAS THE TREATY DOES NOT PROVIDE THE SPECIFIC POWERS NECESSARY FOR THIS PURPOSE ;  WHEREAS THE SCIENTIFIC AND TECHNICAL RESEARCH COMMITTEE ( CREST ) HAS GIVEN ITS OPINION ON THE COMMISSION PROPOSAL ,  HAD DECIDED AS FOLLOWS :  ARTICLE 1  1 . A PROGRAMME OF RESEARCH AND DEVELOPMENT FOR THE EUROPEAN ECONOMIC COMMUNITY IN THE RAW MATERIALS SECTOR IS HEREBY ADOPTED IN THE FORM SET OUT IN THE ANNEX , FOR A FOUR-YEAR PERIOD STARTING ON 1 JANUARY 1982 .  2 . THE PROGRAMME WILL BE IMPLEMENTED BY MEANS OF INDIRECT ACTIONS AND COORDINATION ACTIONS .  ARTICLE 2  1 . THE APPROPRIATIONS NEEDED TO IMPLEMENT THE PROGRAMME , INCLUDING EXPENDITURE RELATING TO A STAFF OF 19 EMPLOYEES , THE AMOUNT OF WHICH IS FIXED AT 54 MILLION ECU , SHALL BE ENTERED IN THE GENERAL BUDGET OF THE EUROPEAN COMMUNITIES .  THE DISTRIBUTION OF THIS AMOUNT BY SUB-PROGRAMME IS SHOWN IN SECTION A OF THE ANNEX .  2 . IN THE LIGHT OF EXPERIENCE GAINED IN THE COURSE OF THE EXECUTION OF THIS PROGRAMME AND AFTER HAVING CONSULTED THE SCIENTIFIC AND TECHNICAL RESEARCH COMMITTEE ( CREST ) AND THE COMPETENT ADVISORY COMMITTEE ON PROGRAMME MANAGEMENT , THE COMMISSION SHALL BE AUTHORIZED TO TRANSFER APPROPRIATIONS BETWEEN THE SUB-PROGRAMMES DEFINED IN SECTION A OF THE ANNEX , PROVIDED THAT SUCH TRANSFERS DO NOT RESULT IN AN INCREASE OR A REDUCTION OF MORE THAN 10 % IN THE ORIGINAL ALLOCATION TO EACH SUB-PROGRAMME .  ARTICLE 3  THE COMMISSION SHALL BE RESPONSIBLE FOR THE IMPLEMENTATION OF THE PROGRAMME AND SHALL BE ASSISTED BY ADVISORY COMMITTEES ON PROGRAMME MANAGEMENT IN THE FOLLOWING FIELDS , SUCH COMMITTEES BEING SET UP FOR THIS PURPOSE AND GOVERNED BY THE RULES LAID DOWN IN THE COUNCIL RESOLUTION OF 18 JULY 1977 ON ADVISORY COMMITTEES ON RESEARCH PROGRAMME MANAGEMENT ( 7 ) :   ( A ) METALS AND MINERAL SUBSTANCES , RECYCLING OF NON-FERROUS METALS ;   ( B ) WOOD AS A RENEWABLE RAW MATERIAL ;   ( C ) SUBSTITUTION AND CERAMICS ( CLAY-BASED MATERIALS AND TECHNICAL CERAMICS ) .  ARTICLE 4  IN THE SECOND YEAR THE COMMISSION SHALL DRAW UP AN INTERIM REPORT ON THE RESULTS OF THE PROGRAMME . A FINAL REVIEW OF THE PROGRAMME SHALL BE MADE IN THE THIRD YEAR . IN THE LIGHT OF THIS REVIEW THE COMMISSION MAY , THROUGH THE APPROPRIATE PROCEDURES , PRESENT TO THE COUNCIL A PROPOSAL FOR A NEW FOUR-YEAR PROGRAMME WHICH WOULD SUPERSEDE THE CURRENT PROGRAMME AT THE END OF THE THIRD YEAR . A REPORT ON THIS REVIEW AND ON THE POSSIBLE REVISIONS SHALL BE DRAWN UP FOR THE EUROPEAN PARLIAMENT AND THE COUNCIL .  ARTICLE 5  THE INFORMATION RESULTING FROM THE IMPLEMENTATION OF THE INDIRECT ACTION PROGRAMME DEFINED IN THE ANNEX , IN SO FAR AS IT CONCERNS RAW MATERIALS COVERED BY THE TREATY , SHALL BE DISSEMINATED IN ACCORDANCE WITH COUNCIL REGULATION ( EEC ) NO 2380/74 OF 17 SEPTEMBER 1974 ADOPTING PROVISIONS FOR THE DISSEMINATION OF INFORMATION RELATING TO RESEARCH PROGRAMMES FOR THE EUROPEAN ECONOMIC COMMUNITY ( 8 ) .  ARTICLE 6  1 . IN ACCORDANCE WITH A PROCEDURE TO BE LAID DOWN BY THE COMMISSION AFTER HAVING CONSULTED THE COMMITTE REFERRED TO IN ARTICLE 3 , THE MEMBER STATES TAKING PART IN COORDINATION ACTIVITIES AND THE COMMISSION SHALL REGULARLY EXCHANGE ALL USEFUL INFORMATION CONCERNING THE EXECUTION OF THE RESEARCH COVERED BY SUCH ACTIVITIES . THE MEMBER STATES SHALL PROVIDE THE COMMISSION WITH ALL INFORMATION RELEVANT FOR COORDINATION PURPOSES .  2 . THE COMMISSION SHALL PREPARE ANNUAL PROGRESS REPORTS ON THE BASIS OF THE INFORMATION SUPPLIED , AND SHALL FORWARD THEM TO THE MEMBER STATES AND THE EUROPEAN PARLIAMENT .  3 . AT THE END OF THE COORDINATION PERIOD THE COMMISSION , AFTER HAVING CONSULTED THE COMMITTEES REFERRED TO IN ARTICLE 3 , SHALL FORWARD TO THE MEMBER STATES AND THE EUROPEAN PARLIAMENT A COMPREHENSIVE REPORT ON THE EXECUTION AND RESULTS OF THE COORDINATION ACTIVITIES .  ARTICLE 7  1 . IN ACCORDANCE WITH ARTICLE 228 OF THE TREATY , THE COMMUNITY MAY CONCLUDE AGREEMENTS WITH THIRD COUNTRIES , IN PARTICULAR THOSE INVOLVED IN EUROPEAN COLLABORATION IN THE FIELD IN SCIENTIFIC AND TECHNICAL RESEARCH ( COST ) WITH A VIEW TO ASSOCIATING THEM WHOLLY OR PARTLY WITH THIS PROGRAMME .  2 . THE COMMISSION IS HEREBY AUTHORIZED TO NEGOTIATE THE AGREEMENTS REFERRED TO IN PARAGRAPH 1 .  DONE AT BRUSSELS , 17 MAY 1982 .  FOR THE COUNCIL  THE PRESIDENT  P . DE KEERSMAEKER  ( 1 ) OJ NO C 11 , 18 . 1 . 1982 , P . 215 .  ( 2 ) OJ NO C 64 , 15 . 3 . 1982 , P . 6 .  ( 3 ) OJ NO C 7 , 29 . 1 . 1974 , P . 6 .  ( 4 ) OJ NO L 293 , 20 . 11 . 1979 , P . 19 .  ( 5 ) OJ NO L 72 , 14 . 3 . 1978 , P . 12 .  ( 6 ) OJ NO L 137 , 23 . 5 . 1981 , P . 44 .  ( 7 ) OJ NO C 192 , 11 . 8 . 1977 , P . 1 .  ( 8 ) OJ NO L 255 , 20 . 9 . 1974 , P . 1 .  ANNEX  RAW MATERIALS RESEARCH AND DEVELOPMENT PROGRAMME  A . THE PROGRAMME COMPRISES THE FOLLOWING SUB-PROGRAMMES :  I . METALS AND MINERAL SUBSTANCES , INCLUDING CLAY-BASED MATERIALS FOR THE CERAMICS INDUSTRY  II . WOOD AS A RENEWABLE RAW MATERIAL  III . RECYCLING OF NON-FERROUS METALS  IV . SUBSTITUTION AND MATERIALS TECHNOLOGIES , INCLUDING TECHNICAL CERAMICS  I . METALS AND MINERAL SUBSTANCES , INCLUDING CLAY-BASED MATERIALS FOR THE CERAMICS INDUSTRY  AN EXPENDITURE OF 25 MILLION ECU IS ALLOCATED TO THIS SUB-PROGRAMME .  IT COVERS THE FOLLOWING RESEARCH AREAS :  *INDIRECT ACTION*COORDINATED ACTION*  1 . EXPLORATION***  1.1 . GEOLOGY OF ORE DEPOSITS AND OF THEIR HOST ROCKS*X*X*  1.2 . GEOCHEMICAL METHODS*X*X*  1.3 . GEOPHYSICAL METHODS*X*X*  1.4 . REMOTE SENSING*X*X*  1.5 . DRILLING TECHNIQUES*X*X*  1.6 . STATISTICS AND GEOSTATISTICS APPLIED TO EXPLORATION DATA*X*X*  2 . ORE PROCESSING***  2.1 . COMPLEX LEAD , ZINC AND COPPER ORES*X*X*  2.2 . OTHER COMPLEX AND OXIDIZED ORES*X*X*  2.3 . ALUMINIUM FROM LOW-GRADE SOURCES*X*X*  2.4 . CHROMIUM FROM LOW-GRADE SOURCES*X*X*  2.5 . PHOSPHATES*X*X*  2.6 . SLAGS AND RESIDUES*X*X*  2.7 . MODELLING AND CONTROL IN MINERAL PROCESSING*X*X*  2.8 . IMPROVED MINERALOGICAL ANALYSIS*X*X*  3 . MINING TECHNOLOGY***  3.1 . PROBLEMS ASSOCIATED WITH DEPTH*X*X*  3.2 . MARGINALLY ECONOMIC DEPOSITS*X*X*  3.3 . GEOSTATISTICS AND MODELLING IN MINERAL EXPLOITATION*X*X*  4 . CLAY-BASED MATERIALS FOR THE CERAMICS INDUSTRY***  RESEARCH INTO RAW MATERIALS PROPERTIES IN RELATION TO FABRICATION FAULTS AND PRODUCT QUALITY*X*X*  II . WOOD AS A RENEWABLE RAW MATERIAL  AN EXPENDITURE OF 12 MILLION ECU IS ALLOCATED TO THIS SUB-PROGRAMME .  IT COVERS THE FOLLOWING RESEARCH AREAS :  *INDIRECT ACTION*COORDINATION ACTION*  1 . WOOD PRODUCTION***  1.1 . SELECTION AND IMPROVEMENT OF FOREST REPRODUCTIVE MATERIAL*X*X*  1.2 . IMPROVEMENT OF GROWTH ( SILVICULTURE ) ***  1.2.1 . TREATMENT OF SITE AND STANDS*X*X*  1.2.2 . ESTABLISHMENT AND MANAGEMENT OF FIBRE PLANTATION*X*X*  1.2.3 . CULTIVATION AND MANAGEMENT OF TREES OUTSIDE THE FOREST*X*X*  1.3 . PREVENTION OF LOSSES***  1.3.1 . PROTECTION AGAINST DAMAGE FROM BIOTIC AGENTS*X*X*  1.3.2 . PREVENTION OF FOREST FIRES*X*X*  1.3.3 . PROTECTION AGAINST DAMAGE FROM OTHER ABIOTIC CAUSES*X*X*  1.4 . FOREST INVENTORY* - *X*  2 . WOOD HARVESTING , STORAGE AND TRANSPORT***  2.1 . HARVESTING OF BIOMASS*X*X*  2.2 . PROCESSING AND STORAGE OF CHIPS FOR INDUSTRIAL USE*X*X*  2.3 . HARVESTING SYSTEMS FOR ON-GROUND EXTRACTION* - *X*  2.4 . HARVESTING SYSTEMS FOR OFF-GROUND EXTRACTION* - *X*  2.5 . SAFETY AND HEALTH ASPECTS* - *X*  3 . WOOD AS MATERIAL***  3.1 . STUDY OF WOOD PROPERTIES*X*X*  3.2 . IMPROVEMENT OF PERFORMANCE AND PROTECTION AGAINST DETERIORATION*X*X*  3.3 . DEVELOPMENT OF OBJECTIVE TESTING METHODOLOGY*X*X*  4 . WOOD PROCESSING WITHOUT MODIFICATION OF ITS BASIC STRUCTURE***  4.1 . DEVELOPMENT OF MANUFACTURING PROCESSES AND PRODUCTS*X*X*  4.2 . ADHESIVES AND JOINTS*X*X*  4.3 . CONSTRUCTIONAL USE OF WOOD***  4.3.1 . MORE EFFICIENT USE AND RE-USE OF WOOD IN TEMPORARY WORKS*X*X*  4.3.2 . GREATER ECONOMY IN USE THROUGH IMPROVED DESIGN*X*X*  4.3.3 . LOAD DURATION EFFECTS*X*X*  5 . PROCESSING OF WOOD AND RELATED ORGANIC MATERIALS INTO FIBRE PRODUCTS***  5.1 . PROCESS AND PRODUCT DEVELOPMENT IN THE PULP INDUSTRY*X*X*  5.2 . BETTER USE OF RECYCLED WASTE PAPER , CEREAL STRAW AND OTHER FIBRES*X*X*  5.3 . IMPROVEMENT OF PAPER AND BOARD MANUFACTURING PROCESSES*X*X*  6 . WOOD AS A SOURCE OF CHEMICALS***  6.1 . DEVELOPMENT OF PROCESSES TO SEPARATE CHEMICALLY THE MAIN COMPONENTS OF MATERIALS CONTAINING LIGNO-CELLULOSE SUBSTANCES*X*X*  6.2 . UTILIZATION OF LIGNIN , HEMICELLULOSES AND CELLULOSE*X*X*  6.3 . RECOVERY OF BY-PRODUCTS FROM CHEMICAL FIBRE PROCESSING*X*X*  III . RECYCLING OF NON-FERROUS METALS  AN EXPENDITURE OF 6,5 MILLION ECU IS ALLOCATED TO THIS SUB-PROGRAMME .  IT COVERS THE FOLLOWING RESEARCH AREAS :  *INDIRECT ACTION*COORDINATED ACTION*  1 . COLLECTION AND CHARACTERIZATION OF NON-FERROUS METALS SCRAPS AND WASTE* - *X*  2 . PHYSICAL PROCESSING OF NON-FERROUS METALS SCRAPS AND WASTE***  2.1 . MECHANICAL PROCESSES***   - SELECTIVE GRINDING AND SHREDDING* - *X*   - OPTIMIZATION OF THESE TECHNIQUES WITH RESPECT TO ENERGY CONSUMPTION*X*X*  2.2 . PHYSICAL PROCESSES***   - ADVANCED GRAVIMETRIC PROCESSES USING MAGNETIC FLUIDS*X*X*   - ADVANCED METHODS OF ELECTRONIC SEPARATION*X*X*   - ADVANCED PROCESSES USING EDDY CURRENTS* - *X*   - ADVANCED DRY GRAVIMETRIC PROCESSES ( FLUIDIZED BEDS ) * - *X*   - NEW FLOTATION TECHNIQUES* - *X*  3 . METALLURGICAL PROCESSING OF NON-FERROUS SCRAPS AND WASTE***  3.1 . PHYSICAL SEPARATION OF CHARGES FOR PYROMETALLURGICAL AND HYDROMETALLURGICAL PROCESSES**X*  3.2 . HYDROMETALLURGICAL PROCESSES***  3.2.1 . LEACHING* - *X*  3.2.2 . PURIFICATION OF SOLUTIONS AND EXTRACTION OF NON-FERROUS METALS FROM SOLUTIONS*X*X*  3.2.3 . DIRECT HYDROMETALLURGICAL PROCESSING OF SLUDGES CONTAINING NON-FERROUS METALS*X*X*  3.3 . HIGH-TEMPERATURE PYROMETALLURGICAL PROCESSES***  3.3.1 . HIGH-TEMPERATURE PRETREATMENT TO SEPARATE METALS FROM NON-METALLIC COMPONENTS* - *X*  3.3.2 . FUSION PROCESSES* - *X*  3.3.3 . HIGH-TEMPERATURE PROCESSES BASED ON THE FORMATION OF A GASEOUS PHASE* - *X*  3.4 . SECONDARY METALS REFINING - MOLTEN SALT ELECTROLYSIS*X*X*  TECHNICO-ECONOMIC STUDIES*OFFICE STUDIES*  IV . SUBSTITUTION AND MATERIALS TECHNOLOGIES , INCLUDING TECHNICAL CERAMICS  AN EXPENDITURE OF 10,5 MILLION ECU IS ALLOCATED TO THIS SUB-PROGRAMME .  IT COVERS THE FOLLOWING RESEARCH AREAS :  *INDIRECT ACTION*COORDINATED ACTION*  1 . RESEARCH ON THE SUBSTITUTION OF MATERIALS USED IN THE ELECTRIC AND ELECTRONICS INDUSTRY***  1.1 . ELECTRICAL CONTACT FUNCTION*X*X*  1.2 . ELECTRICAL CONDUCTIVITY FUNCTION* - *X*  1.3 . THE MAGNETIC FUNCTION*X*X*  *INDIRECT ACTION*COORDINATED ACTION*  2 . RESEARCH INTO THE SUBSTITUTION OF MATERIALS USED IN SURFACE TREATMENT AND COATINGS***  2.1 . PACKAGING ( TINPLATE ) *X*X*  2.2 . WEAR-RESISTANT AND CORROSION-RESISTANT COATINGS*X*X*  2.3 . SENSITIVE SURFACES FOR PHOTOGRAPHY* - *X*  3 . RESEARCH ON SUBSTITUTION IN CUTTING AND MACHINING TOOLS***  3.1 . MATERIALS FOR CUTTING APPLICATIONS*X*X*  3.2 . MATERIALS FOR NON-CUTTING APPLICATIONS*X*X*  3.3 . MATERIALS FOR WEAR RESISTANCE , FACING AND SURFACE PROTECTION*X*X*  4 . STAINLESS STEEL AND ALLOYS  4.1 . STAINLESS STEELS AND ALLOYS*X*X*  4.2 . IMPROVEMENT OF HIGH-SPEED STEELS*X*X*  5 . OTHER USES ( SOLDERING AND BRAZING TECHNOLOGIES , LEATHER TANNING ) *X*X*  6 . TECHNICAL CERAMICS***  6.1 . POWDER PROCESSING TECHNOLOGY*X*X*  6.2 . IMPROVEMENT OF THE FABRICATION CYCLE FOR VARIOUS CERAMIC MATERIALS*X*X*  B . THE PROGRAMME ALSO INCLUDES THE FOLLOWING ONGOING PROJECTS IN THE RAW MATERIALS SECTOR :  I . URANIUM EXPLORATION AND EXTRACTION ( 1 )  AN EXPENDITURE OF 5,4 MILLION ECU WAS ALLOCATED TO THIS PROJECT FOR THE PERIOD 1978 TO 1982 .  IT COVERS THE FOLLOWING RESEARCH AREAS :  1 . EXPLORATION  1.1 . DISCOVERY OF URANIUM PROVINCES - URANIUM GEOLOGY AND METALLOGENY  1.2 . EXPLORATION TECHNIQUES  1.3 . TRANSPORTATION AND DEPOSITION OF URANIUM  1.4 . BORE-HOLE LOGGING  2 . RESEARCH AND DEVELOPMENT IN URANIUM EXTRACTION AND RECOVERY  2.1 . RECOVERY OF URANIUM FROM PHOSPHORIC ACID LIQUORS  2.2 . RECOVERY OF URANIUM FROM PHOSPHATIC ROCKS  2.3 . EXTRACTION OF URANIUM FROM THE WASTE OF PHOSPHATE ROCK TREATMENT  2.4 . RECOVERY OF URANIUM BY DUMP , HEAP , BACTERIAL OR IN-SITU LEACHING  2.5 . HIGH-TEMPERATURE , HIGH-PRESSURE LEACHING  2.6 . EXTRACTION OF URANIUM AND OTHER VALUES FROM CALCINES AND LOW-GRADE SOURCES  2.7 . OTHER TECHNICAL ASPECTS RELATED TO THE URANIUM MINING INDUSTRY  II . RECYCLING OF URBAN AND INDUSTRIAL WASTE ( 2 )  AN EXPENDITURE OF 9 MILLION ECU WAS ALLOCATED TO THIS PROJECT FOR THE PERIOD NOVEMBER 1979 TO OCTOBER 1983 .  IT COVERS THE FOLLOWING RESEARCH AREAS :  1 . SORTING OF HOUSEHOLD WASTE  1.1 . ASSESSMENT OF WASTE SORTING PROJECTS  1.2 . METHODS FOR SAMPLING AND ANALYSIS OF HOUSEHOLD WASTE  1.3 . EVALUATION OF HEALTH HAZARDS  1.4 . TECHNOLOGY FOR THE SORTING OF BULK WASTE  1.5 . MATERIALS RECOVERY  1.6 . ENERGY RECOVERY  1.7 . NEW COLLECTION AND TRANSPORT SYSTEMS  2 . THERMAL TREATMENT OF WASTE  2.1 . FIRING OF WASTE-DERIVED FUEL  2.2 . PYROLYSIS AND GASIFICATION  2.3 . RECOVERY OF METAL AND GLASS FROM RESIDUE  3 . FERMENTATION AND HYDROLYSIS  3.1 . ANAEROBIC DIGESTION  3.2 . CARBOHYDRATE HYDROLYSIS  3.3 . COMPOSTING  4 . RECOVERY OF RUBBER WASTE  4.1 . RETREADING  4.2 . SIZE REDUCTION  4.3 . RECLAIMING AND RECYCLING OF RUBBER POWDER  4.4 . PYROLYSIS  ( 1 ) OJ NO L 72 , 14 . 3 . 1978 , P . 12 ; OJ NO L 137 , 23 . 5 . 1981 , P . 44 .  ( 2 ) OJ NO L 293 , 20 . 11 . 1979 , P . 19 .


Avis juridique important

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31998D0746

98/746/EC: Council Decision of 21 December 1998 concerning the approval, on behalf of the Community, of amendments to Appendices II and III to the Berne Convention on the conservation of European wildlife and natural habitats adopted at the 17th meeting of the Convention's Standing Committee

Official Journal L 358 , 31/12/1998 P. 0114 - 0114

COUNCIL DECISION of 21 December 1998 concerning the approval, on behalf of the Community, of amendments to Appendices II and III to the Berne Convention on the conservation of European wildlife and natural habitats adopted at the 17th meeting of the Convention's Standing Committee (98/746/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130s(1), the first sentence of Article 228(2), and the first subparagraph of Article 228(3) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas the European Community is a Contracting Party to the Convention on the Conservation of European Wildlife and Natural Habitats by virtue of Decision 82/72/EEC (3);Whereas, thanks to decisive support from the Community, four species were added to Appendix II to the Convention and 22 to Appendix III to the Convention at the 17th meeting of the Berne Convention Standing Committee held in Strasbourg from 1 to 5 December 1997; whereas the Commission took part in that meeting on behalf of the Community;Whereas two of those species are covered by Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (4) and three of them are covered by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (5);Whereas, in accordance with Article 17 of the Convention, any amendments to the Appendices to the Convention are to enter into force for all Contracting Parties, with the exception of any which notify objections pursuant to paragraph 3 of that Article, three months after their adoption by the Standing Committee;Whereas the Community must approve the said amendments to Appendices II and III to the Convention adopted at the 17th meeting of the Standing Committee, in accordance with Article 17 of the Convention,HAS DECIDED AS FOLLOWS:Article 1 The inclusion of the species Acipenser sturio, Puffinus yelkouan, Phalacrocorax aristotelis (in the Mediterranean) and Valencia leutourneuxi in Appendix II to the Convention on the Conservation of European Wildlife and Natural Habitats, and of the species Hippospongia communis, Spongia agaricina, Spongia officinalis, Spongia zimocca, Antipathes sp. plur., Corallium rubrun, Paracentrotus lividus, Homarus gammarus, Maja squinado, Palinurus elephas, Scyllarides latus, Scyllarides pigmaeus, Scyllarus arctus, Epinephelus marginatus, Isurus oxyrinchus, Lamna nasus, Mobula mobular, Prionace glauca, Raja alba, Scioena umbra, Squatina squatina, and Umbrina cirrosa (all 22 species in the Mediterranean) in Appendix III to that Convention is hereby approved on behalf of the European Community.Article 2 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 21 December 1998.For the CouncilThe PresidentM. BARTENSTEIN(1) OJ C 116, 16. 4. 1998, p. 24.(2) OJ C 328, 26. 10. 1998, p. 81.(3) OJ L 38, 10. 2. 1982, p. 1.(4) OJ L 103, 25. 4. 1979, p. 1. Directive as last amended by Directive 97/49/EC (OJ L 223, 13. 8. 1997, p. 9).(5) OJ L 206, 22. 7. 1992, p. 7. Directive as last amended by Directive 97/62/EC (OJ L 305, 8. 11. 1997, p. 42).


title: Decision No 1855/2006/EC of the European Parliament and of the Council of 12 December 2006 establishing the Culture Programme (2007 to 2013)

text:
               27.12.2006

               EN

               Official Journal of the European Union

               L 372/1

      DECISION No 1855/2006/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 12 December 2006
   establishing the Culture Programme (2007 to 2013)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular the first indent of Article 151(5) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the Committee of the Regions (1),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
   Whereas:

               (1)

               It is essential to promote cooperation and cultural exchanges in order to respect and promote the diversity of cultures and languages in Europe and improve knowledge among European citizens of European cultures other than their own, while at the same time heightening their awareness of the common European cultural heritage they share. Promoting cultural and linguistic cooperation and diversity thus helps to make European citizenship a tangible reality by encouraging direct participation by European citizens in the integration process.

               (2)

               An active cultural policy aimed at the preservation of European cultural diversity and the promotion of its common cultural elements and cultural heritage can contribute to improving the external visibility of the European Union.

               (3)

               For citizens to give their full support to, and participate fully in, European integration, greater emphasis should be placed on their common cultural values and roots as a key element of their identity and their membership of a society founded on freedom, equity, democracy, respect for human dignity and integrity, tolerance and solidarity, in full compliance with the Charter of Fundamental Rights of the European Union.

               (4)

               It is essential that the cultural sector contribute to, and play a role in, broader European political developments. The cultural sector is an important employer in its own right and there is, in addition, a clear link between investment in culture and economic development, hence the importance of reinforcing cultural policies at regional, national and European level. Accordingly, the place of cultural industries in the developments taking place under the Lisbon Strategy should be strengthened, as these industries are making an increasingly large contribution to the European economy.

               (5)

               It is also necessary to promote active citizenship and strengthen the fight against exclusion in all its forms, including racism and xenophobia. Improving access to culture for as many as possible can be a means of combating social exclusion.

               (6)

               Article 3 of the Treaty stipulates that, in all the activities referred to in that Article, the Community is to aim at eliminating inequalities, and at promoting equality, between men and women.

               (7)

               The Kaleidoscope, Ariane, Raphael and Culture 2000 cultural programmes, set out respectively in Decisions Nos 719/96/EC (3), 2085/97/EC (4), 2228/97/EC (5) and 508/2000/EC (6), marked positive stages in the implementation of Community action on culture. Considerable experience has thus been acquired, particularly through the evaluation of these cultural programmes. It is at present worthwhile to rationalise and strengthen Community cultural action on the basis of the results of these evaluations, the results of consultation with all interested parties and recent work by the European institutions. It is therefore appropriate to establish a programme to this end.

               (8)

               The European institutions have themselves spoken out on many occasions on subjects relating to Community cultural action and the challenges of cultural cooperation, in particular in Council Resolutions of 25 June 2002 on a new work plan on European cooperation in the field of culture (7) and of 19 December 2002 implementing the work plan for European cooperation in the field of culture (8), resolutions of the European Parliament of 5 September 2001 on cultural cooperation in the European Union (9), of 28 February 2002 on the implementation of the Culture 2000 Programme (10), of 22 October 2002 on the importance and dynamism of the theatre and the performing arts in an enlarged Europe (11), and of 4 September 2003 on Cultural Industries (12), and the opinion of the Committee of the Regions of 9 October 2003 on the extension of the Culture 2000 Programme.

               (9)

               The Council, in its abovementioned resolutions, has stressed the need to adopt a more coherent approach at Community level with regard to culture, and that European added value is an essential and determining concept in the context of European cultural cooperation, and a general condition for Community measures in the field of culture.

               (10)

               In order to make this common cultural area for the peoples of Europe a reality, it is important to promote the transnational mobility of cultural players and the transnational circulation of artistic and cultural works and products, and to encourage dialogue and cultural exchanges.

               (11)

               The Council, in its conclusions of 16 November 2004 relating to the work plan on culture (2005-2006), the European Parliament in its resolution of 4 September 2003 on Cultural Industries, and the European Economic and Social Committee in its opinion of 28 January 2004 on cultural industries in Europe, have expressed their views on the need to take greater account of the specific economic and social features of non-audiovisual cultural industries. Moreover, the preparatory actions for cooperation on cultural matters promoted between 2002-2004 should be taken into account in the new programme.

               (12)

               In this context, there is a case for promoting increased cooperation between cultural players by encouraging them to form multi-annual cooperation projects, thus enabling them to develop common activities, to provide support for more targeted measures with a real European added value, to support symbolic cultural events, to support European cultural cooperation organisations and to encourage analyses on chosen themes of European interest, as well as the collection and dissemination of information and activities aimed at maximising the impact of projects in the field of European cultural cooperation and European cultural policy development.

               (13)

               Under Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (13) significant funding should be given to this event, which has a high profile among Europeans and helps to strengthen the feeling of belonging to a common cultural area. In the context of this event, the accent should be on trans-European cultural cooperation.

               (14)

               Support should be given to the operation of organisations working for European cultural cooperation and thus playing the role of ambassadors of European culture, based on the experience acquired by the European Union in the context of Decision No 792/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level in the field of culture (14).

               (15)

               It is necessary for the Programme, in compliance with the principle of freedom of expression, to contribute to the European Union's efforts to promote sustainable development and to combat all forms of discrimination.

               (16)

               The European Union candidate countries and EFTA countries which are members of the EEA Agreement should be recognised as potential participants in Community programmes in accordance with the agreements concluded with those countries.

               (17)

               The European Council of 19 and 20 June 2003 adopted the ‘Thessaloniki Agenda for the Western Balkans: moving towards European integration’, laying down that Community programmes should be open to the countries in the Stabilisation and Association Process on the basis of framework agreements to be signed between the Community and those countries. If they wish, those countries should be able, depending on budgetary considerations or political priorities, to take part in the Programme or benefit from a more limited formula for cooperation, on the basis of supplementary appropriations and specific procedures to be agreed between the parties concerned.

               (18)

               The Programme should also be open to cooperation with other third countries which have signed agreements with the Community containing a cultural strand, in accordance with procedures to be defined.

               (19)

               It is necessary, in order to increase the added value of the Community action, to ensure coherence and complementarity between actions carried out within the framework of this Decision and other relevant Community policies, actions and instruments, in compliance with Article 151(4) of the Treaty. Particular attention should be paid to the interface of Community measures in the fields of culture and education and to actions which promote exchanges of best practice and closer cooperation at European level.

               (20)

               With regard to the implementation of Community support, the specific nature of the cultural sector in Europe should be taken into account, and particular care should be taken to ensure that administrative and financial procedures are simplified as much as possible and adapted to the objectives pursued as well as to practices and developments in the cultural sector.

               (21)

               The Commission, Member States and the cultural contact points should work to encourage the participation of smaller operators in the multi-annual cooperation projects and the organisation of activities aimed at bringing together potential project partners.

               (22)

               The Programme should bring together the specific qualities and expertise of cultural operators from throughout Europe. Where necessary, the Commission and Member States should take measures to address low participation rates of cultural operators in any Member State or participating country.

               (23)

               It is worthwhile ensuring, within the framework of cooperation between the Commission and Member States, ongoing monitoring and evaluation of the Programme in order to enable readjustments, particularly within the priorities for the implementation of measures. The evaluation should include an external evaluation to be conducted by independent, impartial bodies.

               (24)

               The procedures for monitoring and evaluating the Programme should make use of objectives and indicators which are specific, measurable, achievable, relevant and timed.

               (25)

               Suitable measures should be implemented to prevent irregularities and fraud and to recover funds which have been lost or transferred or used improperly.

               (26)

               It is appropriate to establish a single financing and programming instrument for cultural cooperation, entitled the ‘Culture Programme’, for the period from 1 January 2007 to 31 December 2013.

               (27)

               This Decision lays down, for the entire duration of the Programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (15).

               (28)

               The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (16).

               (29)

               The measures necessary for the financial implementation of this Decision should be adopted in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (17) (hereinafter referred to as ‘the Financial Regulation’), and with Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (18).

               (30)

               Community action is complementary to national or regional action in the field of cultural cooperation. Since the objectives of this Decision, namely to enhance the European cultural area based on common cultural heritage (transnational mobility of cultural players in Europe, transnational circulation of works of art and cultural and artistic products and intercultural dialogue) cannot be sufficiently achieved by the Member States owing to their transnational character, and can therefore, by reason of the scale or effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

               (31)

               There should be transitional provisions in order to ensure a smooth transition between the programmes drawn up by Decisions No 508/2000/EC and No 792/2004/EC on the one hand and, on the other, the Programme established by this Decision,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   Establishment and duration
   1.   This Decision establishes the Culture Programme, a single multi-annual programme for Community measures in the field of culture open to all cultural sectors and all categories of cultural operators (hereinafter referred to as ‘the Programme’).
   2.   The Programme shall be implemented for the period from 1 January 2007 to 31 December 2013.
   Article 2
   Budget
   1.   The financial envelope for the implementation of the Programme for the period referred to in Article 1 is hereby set at EUR 400 million.
   2.   Annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.
   Article 3
   Objectives
   1.   The general objective of the Programme shall be to enhance the cultural area shared by Europeans and based on a common cultural heritage through the development of cultural cooperation between the creators, cultural players and cultural institutions of the countries taking part in the Programme, with a view to encouraging the emergence of European citizenship. The Programme shall be open to the participation of non-audiovisual cultural industries, in particular small cultural enterprises, where such industries are acting in a non-profit-making cultural capacity.
   2.   The specific objectives of the Programme are:

               (a)

               to promote the transnational mobility of cultural players;

               (b)

               to encourage the transnational circulation of works and cultural and artistic products;

               (c)

               to encourage intercultural dialogue.

         Article 4
   Fields of action
   1.   The objectives of the Programme shall be pursued through the implementation of the following measures, as described in the Annex:

               (a)

               support for cultural actions, as follows:

                           —

                           multi-annual cooperation projects,

                           —

                           cooperation measures,

                           —

                           special actions;

               (b)

               support for bodies active at European level in the field of culture;

               (c)

               support for analyses and the collection and dissemination of information and for activities maximising the impact of projects in the field of European cultural cooperation and European cultural policy development.

         2.   These measures shall be carried out in accordance with the provisions set out in the Annex.
   Article 5
   Provisions concerning third countries
   1.   The Programme shall be open to the participation of the following countries:

               (a)

               EFTA countries which are members of the EEA, in accordance with the provisions of the EEA Agreement;

               (b)

               candidate countries benefiting from a pre-accession strategy for accession to the Union, in accordance with the general principles and with the general conditions and procedures for the participation of these countries in the Community programmes established in the framework agreements;

               (c)

               the countries of the Western Balkans in accordance with the procedures defined with those countries following the framework agreements providing for their participation in Community programmes.

         Provided that the conditions are met and additional appropriations are paid, the countries referred to in this paragraph shall participate fully in the Programme.
   2.   The Programme shall also be open to cooperation with other third countries which have concluded association or cooperation agreements with the Community which include cultural clauses, on the basis of supplementary appropriations and specific procedures to be laid down.
   The countries of the Western Balkans referred to in paragraph 1(c) which do not wish to benefit from full participation in the Programme may benefit from cooperation with the Programme under the conditions laid down in this paragraph.
   Article 6
   Cooperation with international organisations
   The Programme shall permit joint action with international organisations competent in the field of culture, such as UNESCO or the Council of Europe, on the basis of joint contributions and in accordance with the various rules prevailing in each institution or organisation for the realisation of the measures listed in Article 4.
   Article 7
   Complementarity with other Community instruments
   The Commission shall ensure a link between the Programme and other Community instruments, particularly those relating to the Structural Funds and those in the fields of education, vocational training, research, information society, citizenship, youth, sport, languages, social inclusion, EU external relations and combating all forms of discrimination.
   Article 8
   Implementation
   1.   The Commission shall implement the Community actions which form the subject of the Programme in accordance with the Annex.
   2.   The following measures shall be adopted in accordance with the procedure referred to in Article 9(2):

               (a)

               the annual work plan, including priorities, selection criteria and procedures;

               (b)

               the annual budget and the breakdown of funds among the different actions of the Programme;

               (c)

               the procedures for monitoring and evaluating the Programme;

               (d)

               the financial support to be provided by the Community under Article 4(1)(a), first indent: amounts, duration, distribution and beneficiaries.

         3.   All other measures necessary for the implementation of this Decision shall be adopted in accordance with the procedure referred to in Article 9(3).
   Article 9
   Committee
   1.   The Commission shall be assisted by a committee.
   2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.
   3.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   4.   The committee shall adopt its Rules of Procedure.
   Article 10
   Cultural contact points
   1.   The cultural contact points as defined in section I.3.1 of the Annex shall act as implementing bodies for the dissemination of information on the Programme at national level, having regard to Article 54(2)(c) and (3) of the Financial Regulation.
   2.   The cultural contact points shall comply with the following criteria:

               (a)

               have an adequate number of staff, with professional and linguistic capacities appropriate for work in an environment of international cooperation;

               (b)

               have an appropriate infrastructure, in particular as regards information and communications technology;

               (c)

               operate in an administrative context which enables them to carry out their tasks satisfactorily and to avoid conflicts of interest.

         Article 11
   Financial provisions
   1.   Financial aid shall take the form of grants to legal persons. Grants may in certain cases be awarded to natural persons under the terms of Article 114(1) of the Financial Regulation. The Commission may also award prizes to natural or legal persons for actions or projects implemented under the Programme. Depending on the nature of the action, flat-rate financing and/or the application of unit cost rates may be authorised.
   2.   The Commission may decide, in accordance with the characteristics of the beneficiaries and the nature of the actions, whether to exempt them from verification of the professional competencies and qualifications required to complete the proposed action or work programme.
   3.   Specific activities by the European Capitals of Culture designated pursuant to Decision 1419/1999/EC may receive a grant or a prize.
   Article 12
   Contribution to other Community objectives
   The Programme shall contribute to the strengthening of the transversal objectives of the Community, in particular by:

               (a)

               promoting the fundamental principle of freedom of expression;

               (b)

               encouraging greater awareness of the importance of contributing to sustainable development;

               (c)

               seeking to promote mutual understanding and tolerance within the European Union;

               (d)

               contributing to the elimination of all discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

         Particular attention shall be given to coherence and complementarity between the Programme and Community policies in the field of cultural cooperation with third countries.
   Article 13
   Monitoring and evaluation
   1.   The Commission shall ensure regular monitoring of the Programme against its objectives. The results of the monitoring and evaluation process shall be used when implementing the Programme.
   Monitoring shall include in particular the drawing up of the reports referred to in paragraph 3(a) and (c).
   The specific objectives of the Programme may, on the basis of the results of monitoring reports, be revised in accordance with the procedure laid down in Article 251 of the Treaty.
   2.   The Commission shall ensure regular, external and independent evaluation of the Programme.
   3.   The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:

               (a)

               an interim evaluation report on the results obtained and on the qualitative and quantitative aspects of the implementation of the Programme not later than 31 December 2010;

               (b)

               a communication on the continuation of the Programme not later than 31 December 2011;

               (c)

               an ex post evaluation report not later than 31 December 2015.

         Article 14
   Transitional provisions
   Actions initiated before 31 December 2006 on the basis of Decisions No 508/2000/EC and No 792/2004/EC shall continue to be administered until their closure in accordance with the provisions of these Decisions.
   The committee set up under the terms of Article 5 of Decision No 508/2000/EC shall be replaced by the committee provided for in Article 9 of this Decision.
   Article 15
   Entry into force
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Strasbourg, 12 December 2006.

            For the European Parliament

            President

         J. BORRELL FONTELLES

            For the Council

            President

         M. PEKKARINEN

      (1)  OJ C 164, 5.7.2005, p. 65.

      (2)  Position of the European Parliament of 25 October 2005 (OJ C 272 E, 9.11.2006, p. 233), Council Common Position of 18 July 2006 (OJ C 238 E, 3.10.2006, p. 18) and Position of the European Parliament of 24 October 2006 (not yet published in the Official Journal). Council Decision of 11 December 2006.

      (3)  Decision No 719/96/EC of the European Parliament and of the Council of 29 March 1996 establishing a programme to support artistic and cultural activities having a European dimension (Kaleidoscope) (OJ L 99, 20.4.1996, p. 20). Decision as amended by Decision No 477/1999/EC (OJ L 57, 5.3.1999, p. 2).

      (4)  Decision No 2085/97/EC of the European Parliament and of the Council of 6 October 1997 establishing a programme of support, including translation, in the field of books and reading (Ariane) (OJ L 291, 24.10.1997, p. 26). Decision as amended by Decision No 476/1999/EC (OJ L 57, 5.3.1999, p. 1).

      (5)  Decision No 2228/97/EC of the European Parliament and of the Council of 13 October 1997 establishing a Community action programme in the field of cultural heritage (The Raphael Programme) (OJ L 305, 8.11.1997, p. 31). Decision as repealed by Decision No 508/2000/EC (OJ L 63, 10.3.2000, p. 1).

      (6)  Decision No 508/2000/EC of the European Parliament and of the Council of 14 February 2000 establishing the Culture 2000 programme (OJ L 63, 10.3.2000, p. 1). Decision as last amended by Council Regulation (EC) No 885/2004 (OJ L 168, 1.5.2004, p. 1).

      (7)  OJ C 162, 6.7.2002, p. 5.

      (8)  OJ C 13, 18.1.2003, p. 5.

      (9)  OJ C 72 E, 21.3.2002, p. 142.

      (10)  OJ C 293 E, 28.11.2002, p. 105.

      (11)  OJ C 300 E, 11.12.2003, p. 156.

      (12)  OJ C 76 E, 25.3.2004, p. 459.

      (13)  OJ L 304, 3.11.2006, p. 1.

      (14)  OJ L 138, 30.4.2004, p. 40.

      (15)  OJ C 139, 14.6.2006, p. 1.

      (16)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      (17)  OJ L 248, 16.9.2002, p. 1.

      (18)  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).

      ANNEX
      I.   DESCRIPTION OF ACTIVITIES AND EVENTS
      1.   First strand: support for cultural actions
      1.1.   Multi-annual cooperation projects
      The Programme shall support sustainable and structured cultural cooperation projects in order to bring together the specific quality and expertise of cultural operators throughout the whole of Europe. This support is intended to assist the cooperation projects in their start-up and structuring phase or in their geographical extension phase. The aim shall be to encourage them to establish sustainable foundations and achieve financial autonomy.
      Each cooperation project shall involve at least six operators from six different countries participating in the Programme. Its purpose shall be to bring together a variety of operators from one or more sectors for various multi-annual activities, which may be sectoral or cross-sectoral in nature but which must pursue a common objective.
      Each cooperation project shall be intended to carry out a number of structured, multi-annual cultural activities. These activities are to be implemented throughout the duration of Community financing. They must have at least two of the three specific objectives indicated in Article 3(2). Priority will be given to cooperation projects intending to develop activities meeting the three specific objectives in that Article.
      The cooperation projects shall be selected following calls for proposals pursuant to the Financial Regulation. In this context, selection will be made on the basis, among other things, of the recognised expertise of co-organisers in their field of activity, their financial and operational capacity to carry out the proposed activities, and the quality of these activities and the extent to which they meet the general objective and specific objectives of the Programme, as set out in Article 3.
      The cooperation projects must be founded on a cooperation agreement, i.e. a common document with a legal form in one of the participating countries and signed by all co-organisers.
      Community support may not exceed 50 % of the project budget and shall be degressive in nature. It may not exceed EUR 500 000 per year for all activities of the cooperation projects. This support shall be granted for a period of three to five years.
      By way of illustration, approximately 32 % of the total budget allocated to the Programme shall be devoted to this type of support.
      1.2.   Cooperation measures
      The Programme shall support sectoral or cross-sectoral cultural cooperation actions between European operators. Priority shall be given to creativity and innovation. Actions aimed at exploring avenues for cooperation in order to develop them over the longer term will be particularly encouraged.
      Each action shall be designed and carried out in partnership by at least three cultural operators in three different participating countries, whether or not these operators come from one or more sectors.
      Actions shall be selected following calls for proposals pursuant to the Financial Regulation. In this context, selection will be made on the basis of the recognised expertise of co-organisers, their financial and operational capacity to carry out the proposed activities, the quality of these activities and the extent to which they meet the general objective and specific objectives of the Programme, as set out in Article 3.
      Community support may not exceed 50 % of the project budget. It may not be less than EUR 50 000 nor more than EUR 200 000. This support shall be granted for a maximum of 24 months.
      The conditions set out for this action concerning the minimum number of operators required in order to present projects, as well as the minimum and maximum amounts for Community support, may be adapted to take account of the specific conditions of literary translation.
      By way of illustration, approximately 29 % of the total budget allocated to the Programme shall be devoted to this type of support.
      1.3.   Special actions
      The Programme shall also support special actions. These actions shall be special in that they should be substantial in scale and scope, strike a significant chord with the peoples of Europe and help to increase their sense of belonging to the same community, make them aware of the cultural diversity of Member States, and also contribute to intercultural and international dialogue. They must meet at least two of the three specific objectives set out in Article 3.
      These special actions shall also help to raise the visibility of Community cultural action both within and beyond the European Union. They shall also contribute to raising global awareness of the wealth and diversity of European culture.
      Significant support will be given to the ‘European Capitals of Culture’ in order to help implement activities stressing European visibility and trans-European cultural cooperation.
      Special actions may also include the awarding of prizes, in so far as they highlight artists, works or cultural or artistic achievements, make them known beyond national borders and thus encourage mobility and exchanges.
      Support may also be given in this context to cooperation with third countries and international organisations, as set out in Article 5(2) and Article 6.
      The examples given above do not constitute an exhaustive list of measures likely to be supported under this sub-strand of the Programme.
      The selection procedures for special actions will depend on the action in question. Financing will be granted following calls for proposals and invitations to tender, except in the cases referred to in Articles 54 and 168 of the Financial Regulation. Account will also be taken of the extent to which each action meets the general objective and specific objectives of the Programme, as set out in Article 3 of this Decision.
      Community support may not exceed 60 % of the project budget.
      By way of illustration, approximately 16 % of the total budget allocated to the Programme shall be devoted to this type of support.
      2.   Second strand: support for bodies active at European level in the field of culture
      This support shall take the form of an operating grant to co-finance expenditure associated with the permanent work programme of a body which pursues an aim of general European interest in the field of culture or an objective forming part of the Union's policy in this area.
      Provision shall be made for these grants to be awarded on the basis of annual calls for proposals.
      By way of illustration, approximately 10 % of the total budget allocated to the Programme shall be devoted to this strand.
      Support may be given to bodies working for cultural cooperation in one or more of the following ways:

                  —

                  providing representation at Community level,

                  —

                  collecting or disseminating information for facilitating trans-European Community cultural cooperation,

                  —

                  networking at European level for bodies active in the field of culture,

                  —

                  participating in cultural cooperation projects or acting as ambassadors for European culture.

            These bodies must present a real European dimension. In this regard, they must carry out their activities at European level, alone or in the form of various coordinated associations, and their structure (registered members) and activities must have a potential influence at European Union level or cover at least seven European countries.
      This strand shall be open to the bodies supported under Part 2 of Annex I to Decision No 792/2004/EC as well as any other body active at European level in the field of culture, provided that they meet the objectives set out in Article 3 of this Decision and comply with the terms and conditions of this Decision.
      The beneficiaries of these operating grants shall be selected through a call for proposals. This shall be done on the basis of matching the bodies' work programme with the specific objectives set out in Article 3.
      The total operating grant awarded under this strand may not exceed 80 % of the body's admissible expenditure for the year in which the grant is awarded.
      3.   Third strand: support for analyses and for the collection and dissemination of information and for maximising the impact of projects in the field of cultural cooperation
      By way of illustration, approximately 5 % of the total budget allocated to the Programme shall be devoted to this strand.
      3.1.   Support for cultural contact points
      In order to ensure targeted, effective grass-roots dissemination of practical information on the Programme, it shall provide for support from cultural contact points. These bodies, acting at national level, shall be set up on a voluntary basis according to Article 39 of Regulation (EC, Euratom) No 2342/2002.
      The task of the cultural contact points shall be to:

                  —

                  promote the Programme,

                  —

                  facilitate access to the Programme for, and encourage participation in its activities by, as many professionals and operators in the cultural field as possible, by means of an effective dissemination of information and by developing appropriate networking initiatives between themselves,

                  —

                  provide an efficient link with the various institutions providing aid to the cultural sector in Member States, thus contributing to complementarity between the measures taken under the Programme and national support measures,

                  —

                  provide information on other Community programmes open for cultural projects if required.

            3.2.   Support for analyses in the field of cultural cooperation
      The Programme shall support the carrying out of studies and analyses in the field of European cultural cooperation and European cultural policy development. The aim of this support shall be to increase the volume and quality of information and data to develop comparative data and analysis on cultural cooperation at European level, particularly with regard to the mobility of creators and cultural players, the circulation of works of art and artistic and cultural products and intercultural dialogue.
      Studies and analyses contributing to increasing knowledge of the phenomenon of trans-European cultural cooperation and to creating favourable conditions for it to flourish may be supported under this strand. Projects aimed at collecting and analysing statistics will be particularly encouraged.
      3.3.   Support for the collection and dissemination of information and for maximising the impact of projects in the field of cultural cooperation.
      The Programme shall support the collection and dissemination of information and activities aimed at maximising the impact of projects via the development of an Internet tool targeted at the needs of culture professionals in the field of trans-European cultural cooperation.
      This tool should make possible the exchange of experience and good practice and the dissemination of information concerning the Programme as well as trans-European cultural cooperation in the broad sense.
      II.   PROGRAMME MANAGEMENT
      The Programme's financial allocation may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities, required directly for the management and the realisation of the objectives of the Programme, in particular, studies, meetings, information and publication actions, expenses linked to computer networks focusing on information exchange, together with all other technical and administrative assistance expense to which the Commission may have recourse for the management of the Programme.
      III.   CONTROLS AND AUDITS
      For projects selected in accordance with the procedure described in Article 11(2), a sampling audit system will be established.
      The beneficiary of a grant shall make available to the Commission all supporting documents relating to expenditure for a period of five years reckoned from the date of the final payment. The beneficiary of a grant shall ensure that, where applicable, supporting documents in the possession of partners or members are made available to the Commission.
      The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the contract and for a period of five years from the date of payment of the balance. Where appropriate, the audit findings may lead to recovery decisions by the Commission.
      Commission staff and outside personnel authorised by the Commission shall have appropriate access to the offices of the beneficiary and to all the information, including information in electronic format, needed in order to conduct such audits.
      The Court of Auditors and the European Anti-Fraud Office (OLAF) shall enjoy the same rights, especially those of access, as the Commission.
      In order to protect the financial interests of the Community against fraud and other irregularities, the Commission may carry out on-the-spot checks and inspections under the Programme in accordance with Council Regulation (Euratom, EC) No 2185/96 (1). Where necessary, investigations shall be conducted by OLAF in accordance with Regulation (EC) No 1073/1999 of the European Parliament and of the Council (2).
      IV.   INFORMATION, COMMUNICATION AND ACTIVITIES AIMED AT MAXIMISING THE IMPACT OF PROJECTS
      1.   Commission
      The Commission may organise seminars, conferences or meetings in order to facilitate the implementation of the Programme, and undertake information, publication, dissemination and other activities aimed at maximising the impact of projects as appropriate, as well as the monitoring and evaluation of the Programme. Such activities may be financed by means of grants, or the public procurement process, or be organised and financed directly by the Commission.
      2.   Contact points
      The Commission and Member States shall organise on a voluntary basis and reinforce the exchange of information useful for the implementation of the Programme via the cultural contact points acting as implementing bodies at national level, under the terms of Article 54(2)(c) and (3) of the Financial Regulation.
      3.   Member States
      Without prejudice to Article 87 of the Treaty, Member States may, if necessary, establish support schemes for individual mobility of cultural players in order to address their low participation in the Programme. This support may take the form of travel grants for cultural operators in order to facilitate the preparatory phase of transnational cultural projects.
      V.   OVERALL BUDGET BREAKDOWN
      Breakdown of the annual budget for the Programme

                  Percentage of the budget

                  Strand 1 (support for cultural actions)

                  Approximately 77 %

                              —

                              multi-annual cooperation projects

                  Approximately 32 %

                              —

                              cooperation measures

                  Approximately 29 %

                              —

                              special actions

                  Approximately 16 %

                  Strand 2 (support for bodies active at European level in the field of culture)

                  Approximately 10 %

                  Strand 3 — (support for analysis, collection and dissemination of information)

                  Approximately 5 %

                  Total operational expenditure

                  Approximately 92 %

                  Programme management

                  Approximately 8 %

            These percentages are indicative and subject to change by the Committee provided for in Article 9 in accordance with the procedure referred to in Article 9(2).

         (1)  OJ L 292, 15.11.1996, p. 2.

         (2)  OJ L 136, 31.5.1999, p. 1.


title: 2006/215/EC: Commission Decision of  15 March 2006  on setting up a high level expert group to advise the European Commission on the implementation and the development of the i2010 strategy

text:
               17.3.2006

               EN

               Official Journal of the European Union

               L 80/74

      COMMISSION DECISION

   of 15 March 2006
   on setting up a high level expert group to advise the European Commission on the implementation and the development of the i2010 strategy
   (2006/215/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               As indicated in the conclusions of the Communication from the Commission entitled ‘i2010 — A European Information Society for growth and employment’ (1) (hereafter i2010), ‘the Commission will strengthen dialogue with stakeholders and work with Member States to address ICT issues, notably through the open method of coordination’. Therefore, the Commission may need to call upon the guidance and expertise of an advisory body with Member State officials specialising in the ICT policy area.

               (2)

               The group must contribute to the efficient implementation of i2010.

               (3)

               The group must be made up of high level representatives from the Member States, and open to observers from acceding and EEA countries.

               (4)

               The ‘i2010 high level group’ has therefore to be set up and its terms of reference and structures must be detailed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   A group of experts, the ‘i2010 High Level Group’, hereinafter referred to as ‘the Group’, is hereby set up by the Commission.
   Article 2
   Task
   The Commission may consult the group on any matter relating to the implementation of the i2010 strategy.
   The Group’s task is to:

               —

               discuss strategic ICT policy issues in the context of i2010 and in the wider context of the Lisbon agenda, review the effectiveness of i2010, and give input and advice on possible improvements and adjustments on i2010 actions, on the basis of the monitoring of i2010 implementation and the evolution of policy;

               —

               offer a forum for strategic discussions and for the exchange of experiences, with all Commission services involved; and

               —

               exchange views on issues arising from the national reform plans, in the areas covered by i2010, in relation to achieving the objectives of the Lisbon Strategy.

         Article 3
   Composition — Appointment
   1.   The Group shall be composed of one representative of each Member State and the Commission. Member State representatives may be accompanied by appropriate colleagues according to the subject matter discussed, without prejudice to the applicable rules for reimbursement of meeting expenses. The representatives shall be high level civil servants dealing with information society issues at national level, able to ensure appropriate coordination between the national public authorities involved in the various areas covered by the i2010 strategy.
   2.   The Commission may authorise the participation of observers from EEA countries and acceding countries. These observers are nominated according to the same criteria as referred to in paragraph 1.
   3.   Member States, EEA countries and acceding countries shall notify the Commission of the names and contact details of their nominees and of any subsequent changes.
   4.   The names of the appointed members shall be published on the i2010 website (www.europa.eu.int/i2010). The membership list will be updated by the Information Society and Media Directorate-General each time changes are notified by Member States.
   Article 4
   Operation
   1.   The group is chaired by the Commission.
   2.   The Commission may, after consultation of the group, establish subgroups to examine specific questions under the terms of reference established by the group; they shall be disbanded as soon as these terms of reference have been fulfilled.
   3.   The Commission may ask experts or observers with specific competence on a subject on the agenda to participate in the group’s or subgroup’s deliberations if this is seen as useful and/or necessary.
   4.   Information obtained by participating in the group’s or subgroup’s deliberations shall not be divulged if the Commission indicates that this relates to confidential matters.
   5.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure (2).
   6.   The Commission may publish any résumé, conclusion, partial conclusion or working document of the group.
   Article 5
   Meeting expenses
   The Commission shall reimburse travel and subsistence expenses for members, experts and observers in connection with the group’s activities in accordance with the provisions in force in the Commission. The members shall not be paid for their duties.
   Meeting expenses are reimbursed within the limits of the appropriations allocated to the department concerned under the annual procedure for allocating resources.
   Article 6
   Entry into force
   The decision shall take effect on the day of its publication in the Official Journal of the European Union. It is applicable until 31 December 2010. The Commission shall decide on a possible extension before that date.

      Done at Brussels, 15 March 2006.

            For the Commission

         Viviane REDING

            Member of the Commission

      (1)  COM(2005) 229 final.

      (2)  Annex III of SEC(2005) 1004 of 27 July 2005.


Avis juridique important

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31979D0269

79/269/ECSC: Council Decision of 5 March 1979 appointing a member of the Consultative Committee of the European Coal and Steel Community

Official Journal L 062 , 13/03/1979 P. 0006 - 0006

****  COUNCIL DECISION   OF 5 MARCH 1979   APPOINTING A MEMBER OF THE CONSULTATIVE COMMITTEE OF THE EUROPEAN COAL AND STEEL COMMUNITY  ( 79/269/ECSC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 18 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISIONS OF 2 AUGUST 1978 AND 16 OCTOBER 1978 DESIGNATING THE REPRESENTATIVE ORGANIZATIONS RESPONSIBLE FOR DRAWING UP LISTS OF CANDIDATES FOR THE CONSULTATIVE COMMITTEE OF THE EUROPEAN COAL AND STEEL COMMUNITY ,   HAVING REGARD TO THE COUNCIL DECISION OF 16 OCTOBER 1978 APPOINTING THE MEMBERS OF THE CONSULTATIVE COMMITTEE OF THE EUROPEAN COAL AND STEEL COMMUNITY FOR THE PERIOD ENDING 15 OCTOBER 1980 ,   WHEREAS THE COUNCIL WAS INFORMED ON 15 FEBRUARY 1979 THAT A MEMBER ' S SEAT ON THE ABOVE COMMITTEE IN THE ' CONSUMERS AND DEALERS '  CATEGORY HAD BECOME VACANT AS A RESULT OF THE DEATH OF DR MANDEL ;   HAVING REGARD TO THE NOMINATION SUBMITTED BY THE GERMAN GOVERNMENT ON 19 FEBRUARY 1979 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   DR GUENTER NIEHAGE IS HEREBY APPOINTED A MEMBER OF THE CONSULTATIVE COMMITTEE OF THE EUROPEAN COAL AND STEEL COMMUNITY IN PLACE OF DR MANDEL FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 15 OCTOBER 1980 .   DONE AT BRUSSELS , 5 MARCH 1979 .   FOR THE COUNCIL   THE PRESIDENT   P . MEHAIGNERIE