title: Council Decision of 30 November 2009 on the signing, on behalf of the European Community, and provisional application of the Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013

text:
               3.7.2010

               EN

               Official Journal of the European Union

               L 169/22

         COUNCIL DECISION
   of 30 November 2009
   on the signing, on behalf of the European Community, and provisional application of the Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013
   (2010/374/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 62(2), in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               According to Article 11 of Decision No 574/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the External Borders Fund for the period 2007 to 2013 as part of the general programme ‘Solidarity and Management of Migration Flows’ (1) the third countries associated with the implementation, application and development of the Schengen acquis shall participate in the Fund in accordance with its provisions. Arrangements are to be concluded to specify supplementary rules necessary for such participation, including provisions ensuring the protection of the Community’s financial interests and the power of audit of the Court of Auditors.

               (2)

               Following the authorisation given to the Commission on 20 December 2007, negotiations with the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein have been concluded and the Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on suplementary rules in relation to the External Borders Fund for the period 2007 to 2013 (hereinafter referred to as the Agreement) initialled on 30 June 2009.

               (3)

               Subject to its conclusion at a later date, the Agreement should be signed and should be applied on a provisional basis.

               (4)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of that Protocol, decide within a period of six months after the date of adoption of this Decision whether it will implement it in its national law.

               (5)

               This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (2) and the subsequent Council Decision 2004/926/EC of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland (3). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (6)

               This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (4). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013 (hereinafter referred to as the Agreement) and the Declarations thereto are hereby approved on behalf of the Community, subject to the conclusion of the Agreement.
   The text of the Agreement and the Declarations thereto are attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the European Community, subject to its conclusion.
   Article 3
   Pending the completion of the procedures for its formal conclusion, the Agreement shall be applied on a provisional basis in accordance with Article 13(5) thereof.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  OJ L 144, 6.6.2007, p. 22.

      (2)  OJ L 131, 1.6.2000, p. 43.

      (3)  OJ L 395, 31.12.2004, p. 70.

      (4)  OJ L 64, 7.3.2002, p. 20.
    ---documentbreak---

               3.7.2010

               EN

               Official Journal of the European Union

               L 169/22

         AGREEMENT
   between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013
   THE EUROPEAN COMMUNITY,
   hereinafter referred to as the ‘Community’
   and
   THE REPUBLIC OF ICELAND,
   hereinafter referred to as ‘Iceland’,
   THE KINGDOM OF NORWAY,
   hereinafter referred to as ‘Norway’,
   THE SWISS CONFEDERATION,
   hereinafter referred to as ‘Switzerland’
   and
   THE PRINCIPALITY OF LIECHTENSTEIN,
   hereinafter referred to as ‘Liechtenstein’,
   hereinafter referred to as the ‘associated States’
   Hereinafter referred to as the ‘Parties’
   HAVING REGARD to the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis (hereinafter referred to as the ‘Association Agreement with Norway and Iceland’),
   HAVING REGARD to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (hereinafter referred to as the ‘Association Agreement with Switzerland’),
   HAVING REGARD to the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (hereinafter referred to as the ‘Association Protocol with Liechtenstein’),
   Whereas:

               (1)

               The Community established by Decision No 574/2007/EC of the European Parliament and of the Council the External Borders Fund for the period 2007 to 2013 as part of the General Programme ‘Solidarity and Management of Migration Flows’ (hereinafter referred to as the ‘Fund’).

               (2)

               That Decision constitutes a development of the Schengen acquis within the meaning of the Association Agreement with Norway and Iceland, the Association Agreement with Switzerland and the Association Protocol with Liechtenstein.

               (3)

               Article 11 of that Decision provides that the third states associated with the implementation, application and development of the Schengen acquis participate in the Fund in accordance with its provisions and that arrangements are to be concluded to specify supplementary rules necessary for such participation, including provisions ensuring the protection of the Community’s financial interests and the power of audit of the Court of Auditors.

               (4)

               The Fund constitutes a specific instrument in the context of the Schengen acquis designed to provide for burden sharing and support financially the implementation of the Schengen acquis in the field of external borders and visa policy in Member States.

               (5)

               To facilitate the calculation of the annual allocations to the States participating in the Fund and the multiannual programming exercise for the associated States, this Agreement defines the annual financial contributions from the associated States in fixed amounts which are subject to a correction mechanism to be applied in the last year of the multiannual programme,

         HAVE AGREED AS FOLLOWS:
   Article 1
   Scope
   This Agreement sets out the supplementary rules necessary for the participation in the Fund of the associated States in accordance with Decision No 574/2007/EC of the European Parliament and of the Council establishing the External Borders Fund for the period 2007 to 2013 as part of the General Programme ‘Solidarity and Management of Migration Flows’ (hereinafter referred to as the ‘Decision’).
   Article 2
   Financial management and control
   1.   The associated States shall take the necessary measures to ensure the compliance with the provisions relevant for the financial management and control which are laid down in the Treaty establishing the European Community (hereinafter referred to as ‘the EC Treaty’) and in secondary Community law.
   2.   The provisions referred to in paragraph 1 are the following ones:

               —

               Articles 248, paragraphs 1 to 3, 256, 274 and 280, paragraphs 1 to 3 of the EC Treaty,

               —

               Articles 27, 28a, 52, 53, point b, 72(2) and 95(2) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) (hereinafter referred to as the ‘Financial Regulation’),

               —

               The corresponding provisions of 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 on the Financial Regulation applicable to the general budget of the European Communities (2),

               —

               Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (3), and

               —

               Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (4).

         The Parties may decide to amend this list by mutual agreement.
   3.   The associated States shall apply the provisions referred to in paragraph 2 in their territory in accordance with this Agreement.
   Article 3
   Respect for the principle of sound financial management
   The appropriations under the Fund spent in the territory of the associated States shall be used in accordance with the principle of sound financial management.
   Article 4
   Respect for the principle on conflict of interest
   All financial actors and any other person involved in budget implementation, management, audit or control acting in the territory of the associated States shall be prohibited from taking any action which may bring their own interests into conflict with those of the Communities.
   Article 5
   Obligations resulting from the delegation of the implementation
   The associated States shall take all the legislative, regulatory and administrative or other measures necessary for protecting the Communities’ interests in accordance with the obligations laid down in Article 53, point b, and 95(2) of the Financial Regulation.
   Article 6
   Enforcement
   Decisions taken by the Commission which impose a pecuniary obligation on persons other than States shall be enforceable in the territory of the associated States.
   Enforcement shall be governed by the rules of civil procedure in force in the State in the territory of which it is carried out. The order for its enforcement shall be appended to the decision, without other formality than verification of the authenticity of the decision, by the national authority which the governments of the associated States shall respectively designate for this purpose and shall make known to the Commission.
   When these formalities have been completed on application by the Commission, the latter may proceed to enforcement in accordance with the national law, by bringing the matter directly before the competent authority.
   Enforcement may be suspended only by a decision of the Court of Justice of the European Communities. However, the courts of the State concerned shall have jurisdiction over complaints that enforcement is being carried out in an irregular manner.
   Article 7
   Protection of the financial interests of the Communities against fraud
   1.   As set out in Article 280 of the EC Treaty, the associated States shall:

               (a)

               counter fraud and any other illegal activities affecting the financial interests of the Community through measures which shall act as a deterrent and be such as to afford effective protection;

               (b)

               take the same measures to counter fraud affecting the financial interests of the Community as they take to counter fraud affecting their own financial interests; and

               (c)

               coordinate their action aimed at protecting the financial interests of the Community with the Member States and the Commission.

         2.   To that end, the associated States shall adopt equivalent measures to those adopted by the Community in accordance with Article 280(4) of the EC Treaty which are in force at the time of signing this Agreement.
   The Parties may decide by mutual agreement to adopt equivalent measures to any subsequent measures adopted by the Community in accordance with this Article.
   Article 8
   On-the-spot checks and inspections by the Commission
   Without prejudice to its rights under Articles 35 and 47 of the Decision, the Commission (OLAF) shall be authorised to carry out on-the-spot checks and inspections in the territory of the associated States in accordance with the terms and conditions laid down in Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities as regards the Fund.
   The authorities of the associated States shall facilitate the on-the-spot checks and inspections which may, if the authorities so wish, be carried out jointly with them.
   Article 9
   Court of Auditors
   As set out in Article 248(3) of the EC Treaty and Part One, Title VIII, chapter 1 of the Financial Regulation, the Court of Auditors as established by the EC Treaty shall notably have the possibility to perform audits on the spot on the premises of any body which manages revenue or expenditure on behalf of the Community in the territory of the associated States as regards the Fund including on the premises of any natural or legal person in receipt of payments from the budget.
   Audits by the Court of Auditors in the associated States shall be carried out in liaison with national audit bodies or, if these do not have the necessary powers, with the competent national departments. The Court of Auditors and the national audit bodies of the associated States shall cooperate in a spirit of trust while maintaining their independence. These bodies or departments shall inform the Court of Auditors whether they intend to take part in the audit.
   The Court of Auditors shall have at least the same rights as the Commission as laid down in Articles 35 and 47 of the Decision and Article 8 of this Agreement.
   Article 10
   Public procurement
   1.   Iceland, Norway and Liechtenstein shall apply the provisions of their law on public procurement in accordance with Annex XVI to the EEA Agreement.
   2.   Switzerland shall apply its national law on public procurement in accordance with the provisions of the WTO Agreement on Government Procurement (GPA).
   Switzerland shall provide the Commission with a description of its public procurement procedures together with the description of the management and control system.
   Moreover, it shall provide information on the public procurement procedures applied in each final report on the implementation of the annual programme.
   Article 11
   Financial contributions and allocations
   1.   The associated States shall make annual payments to the budget of the Fund in accordance with the following tables:

               EUR thousand

               2009

               Annual appropriations (EC budget)

               185 500

               Iceland

               260

               Norway

               5 100

               Switzerland

               5 565

               For 2009 payments shall be made on the basis of non-revisable fixed amounts ().

               EUR thousand

               Index (6)

               2010

               2011

               2012

               2013

               Foreseen annual appropriations (EC budget)

               %

               207 500

               253 500

               349 100

               481 200

               Iceland

               0,04

               79

               96

               132

               183

               Norway

               2,61

               5 408

               6 607

               9 099

               12 542

               Switzerland

               3,35

               6 943

               8 483

               11 682

               16 102

               Liechtenstein

               0,03

               62

               76

               105

               144

               For 2010-2013 the payments shall be made on the basis of the index indicated in this table, subject to paragraph 4.

         2.   For 2011-2013, the payments shall be made by 15 February of the budget year concerned, following recovery orders issued by the Commission by 15 December of the preceding year.
   3.   The contributions foreseen for 2009 shall be due as exceptional contributions in 2010. They shall be paid along with the contributions due for 2010 by 15 February 2010. For Switzerland they shall be paid at the latest one month after the date of the signature of this Agreement.
   The allocations foreseen for 2009 to the associated States concerned, established by the Commission in accordance with Articles 14 and 15 of the Decision, shall be due by the Community as exceptional allocations for 2010 as follows:
   Iceland: EUR 62 148
   Norway: EUR 1 611 049
   Switzerland: EUR 2 282 112
   A single annual programme (2010) will cover both the 2010 allocations and these exceptional allocations.
   As from 2010 the allocations foreseen for the associated States shall be calculated annually in accordance with Articles 14 and 15 of the Decision.
   4.   The Parties shall correct the contributions from each associated State for the budget years 2010, 2011, 2012 and 2013 on the basis of the latest available annual GDP figures on 1 May 2012. The correction(s) shall be made to the contribution for 2013.
   For the purpose of the corrections, the GDP percentage of the associated State concerned shall be calculated as follows:

               —

               as regards Iceland and Norway, for each its GDP percentage shall be calculated in relation with the GDP of all participating countries, as laid down in Article 12(1) of the Association Agreement with Norway and Iceland,

               —

               as regards Switzerland, its GDP percentage shall be calculated in relation with the GDP of all participating countries, as laid down in Article 11 of the Association Agreement with Switzerland,

               —

               as regards Liechtenstein, its GDP percentage shall be calculated in relation with the GDP of all participating countries, as laid down in Article 3 of the Association Protocol with Liechtenstein.

         5.   The figures in the table in paragraph 1 shall be adjusted by the Parties in case of a change in the total reference amount in Article 13(1) of the Decision or changes in the actual annual appropriations to those foreseen in the table of paragraph 1 as decided by the budgetary authority of the EC in accordance with Point 37 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (7) in the context of the Multiannual Financial Framework of the European Union for the period 2007-2013.
   Any adjustment shall be proportional to the change in the total reference amount or annual appropriation(s) concerned and shall be applied to the budgetary year(s) affected by the change.
   To that end, the Commission shall communicate by letter to the associated States the adjustments in the size of their financial contributions and the arrangements to be followed for the relevant payments or reimbursements.
   6.   The contribution of Liechtenstein shall only cover the years as from the day referred to in Article 13(6).
   7.   The Commission may use up to EUR 300 000 of the payments made by the associated States each year to finance the administrative expenditure related to staff or external staff necessary for supporting the implementation by the associated States of the Decision and this Agreement.
   8.   For 2009 and 2010 the Commission shall make the Community budgetary commitments for the budget year concerned on the basis of the amounts allocated to the associated States by the Commission in accordance with Articles 14 and 15 of the Decision.
   Article 12
   Confidentiality
   Information communicated or acquired in any form whatsoever pursuant to this Agreement shall be covered by professional secrecy and protected in the same way as similar information is protected by the provisions applicable to the Community institutions and by the laws of the associated States. Such information shall not be communicated to persons other than those within the Community institutions, in the Member States or in the associated States whose functions require them to know it, nor may it be used for purposes other than to ensure effective protection of the financial interests of the Parties.
   Article 13
   Entry into force
   1.   The Secretary General of the Council of the European Union shall act as depositary of this Agreement.
   2.   The Community, Iceland, Norway, Switzerland and Liechtenstein shall approve this Agreement in accordance with their own procedures.
   3.   The entry into force of this Agreement shall require approval by the Community and by at least one other signatory.
   4.   This Agreement shall enter into force in relation to any party on the first day of the first month following the deposit of its instrument of approval with the depositary.
   5.   Except for Article 6, the Community, Iceland, Norway and Switzerland shall apply this Agreement provisionally as from the day following that of its signature, without prejudice to constitutional requirements.
   6.   The Community and Liechtenstein shall apply this Agreement provisionally as from the day when the provisions referred to in Article 2 of the Association Protocol with Liechtenstein are put into effect in accordance with Article 10 of that Protocol.
   Article 14
   Programming and reporting
   1.   The associated States shall inform the Commission of the authorities designated for the implementation of their multiannual programme and the annual programmes no later than one month after the signature of this Agreement.
   2.   The associated States shall submit their draft multiannual programme 2010-2013 to the Commission no later than three months after the signature of this Agreement.
   3.   The associated States shall submit their draft annual programme for 2010 to the Commission no later than five months after the signature of this Agreement.
   4.   The associated States shall submit a description of the management and control systems referred to in Article 34(2) of the Decision no later than three months after the signature of this Agreement.
   5.   The Commission shall approve the multiannual programme within three months of its formal submission and the annual programme 2010 within one month of its formal submission in accordance with the procedures set up in the Decision and provided that the Commission has satisfied itself in accordance with the procedure laid down in Article 34 of the Decision that the associated States have set up management and control systems that comply with Articles 26 to 32 of the Decision.
   6.   It is not necessary for the associated States to submit the evaluation report foreseen in Article 52(2)(a) of the Decision.
   Article 15
   Validity and termination
   1.   Either the Community or an associated State may terminate this Agreement by notifying the other Parties of its decision. The Agreement shall cease to apply three months after the date of such notification. Projects and activities in progress at the time of termination shall continue according to the conditions laid down in this Agreement. The Parties shall settle by mutual agreement any other consequences of termination.
   2.   As regards Iceland and Norway, this Agreement shall be terminated when the respective Association Agreement with Norway and Iceland is terminated in accordance with Articles 8, paragraph 4, 11, paragraph 3 or 16 of that Agreement.
   As regards Switzerland, this Agreement shall be terminated when the Association Agreement with Switzerland is terminated in accordance with Articles 7, paragraph 4, 10, paragraph 3 or 17 of that Agreement.
   As regards Liechtenstein, this Agreement shall be terminated when the Association Protocol with Liechtenstein is terminated in accordance with Articles 5, paragraph 4, 11, paragraph 1 or 11, paragraph 3 of that Protocol.
   Article 16
   Languages
   This Agreement as well as the Declarations annexed thereto shall be drawn up in a single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish, Icelandic and Norwegian languages, each of those texts being equally authentic.

      Съставено в Брюксел на деветнадесети март две хиляди и десета година.
      Hecho en Bruselas, el diecinueve de marzo de dos mil diez.
      V Bruselu dne devatenáctého března dva tisíce deset.
      Udfærdiget i Bruxelles den nittende marts to tusind og ti.
      Geschehen zu Brüssel am neunzehnten März zweitausendzehn.
      Kahe tuhande kümnenda aasta märtsikuu üheksateistkümnendal päeval Brüsselis.
      'Εγινε στις Βρυξέλλες, στιςδέκα εννέα Μαρτίου δύο χιλιάδες δέκα.
      Done at Brussels on the nineteenth day of March in the year two thousand and ten.
      Fait à Bruxelles, le dix-neuf mars deux mille dix.
      Fatto a Bruxelles, addì diciannove marzo duemiladieci.
      Briselē, divi tūkstoši desmitā gada deviņpadsmitajā martā.
      Priimta du tūkstančiai dešimtų metų kovo devynioliktą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-tizedik év március tizenkilencedik napján.
      Magħmul fi Brussell, id-dsatax-il jum ta' Marzu tas-sena elfejn u għaxra.
      Gedaan te Brussel, de negentiende maart tweeduizend tien.
      Sporządzono w Brukseli dnia dziewiętnastego marca roku dwa tysiące dziesiątego.
      Feito em Bruxelas, em dezanove de Março de dois mil e dez.
      Încheiat la Bruxelles, la nouăsprezece martie două mii zece.
      V Bruseli dňa devätnásteho marca dvetisícdesať.
      V Bruslju, dne devetnajstega marca leta dva tisoč deset.
      Tehty Brysselissä yhdeksäntenätoista päivänä maaliskuuta vuonna kaksituhattakymmenen.
      Som skedde i Bryssel den nittonde mars tjugohundratio.
      Gjört í Brussel hinn nítjánda dag marsmánaðar árið tvö þúsund og tíu.
      Utferdiget i Brussel, den nittende mars totusenogti.

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

         Fyrir hönd Islands

         For Kongeriket Norge

         Für die Schweizerische Eidgenossenschaft
         Pour la Confédération suisse
         Per la Confederazione svizzera

         Für das Fürstentum Liechtenstein

      (1)  OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Council Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).

      (2)  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).

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

      (4)  OJ L 136, 31.5.1999, p. 1.

      (5)  Based on GDP of the year 2007.
   For 2009 payments shall be made on the basis of non-revisable fixed amounts ().

      (6)  Index figures are rounded up.
   For 2010-2013 the payments shall be made on the basis of the index indicated in this table, subject to paragraph 4.

      (7)  OJ C 139, 14.6.2006, p. 1.
   JOINT DECLARATION BY THE EUROPEAN COMMUNITY AND LIECHTENSTEIN ON THE LATTER’S PARTICIPATION IN THE EXTERNAL BORDERS FUND IN APPLICATION OF DECISION No 574/2007/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   THE EUROPEAN COMMUNITY AND LIECHTENSTEIN

               —

               Having regard to the geographic situation of Liechtenstein in that it lacks external borders and a consular network which would be at the basis for developing a programme to implement the Fund, and

               —

               Recognising Liechtenstein’s commitment to pursue the objectives of the Schengen acquis as well as its solidarity with the States that apply the Schengen provisions on external borders,
               agree that Liechtenstein can choose not to participate in the implementation of the Fund, provided that it contributes financially to the Fund in accordance with Article 11 of the Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013. Accordingly, Liechtenstein will contribute to the Fund but waive the right to receive allocations under the Fund in accordance with Articles 14 and 15 of Decision No 574/2007/EC of the European Parliament and of the Council.

         Should Liechtenstein at a later stage wish to participate, it shall inform the Commission well in advance and the necessary practical arrangements to ensure the application of Decision No 574/2007/EC of the European Parliament and of the Council, the implementing rules and this Agreement shall be laid down in an Exchange of Letters.
   DECLARATION BY THE GOVERNMENT OF NORWAY ON THE DIRECT ENFORCEABILITY OF DECISIONS BY THE EUROPEAN COMMUNITY INSTITUTIONS REGARDING PECUNIARY OBLIGATIONS ADDRESSED TO ENTERPRISES LOCATED IN NORWAY
   The attention of the Contracting Parties is drawn to the fact that the present constitution of Norway does not provide for direct enforceability of decisions by the European Community institutions regarding pecuniary obligations addressed to enterprises located in Norway. Norway acknowledges that such decisions should continue to be addressed directly to these enterprises and that they should fulfil their obligations in accordance with the present practice. The said constitutional limitations to direct enforceability of decisions by European Community institutions regarding pecuniary obligations do not apply to subsidiaries and assets in the territory of the Community belonging to enterprises located in Norway. If difficulties should arise, Norway is prepared to enter into consultations and work towards a mutually satisfactory solution.
   DECLARATION BY THE EUROPEAN COMMUNITY
   The Commission will keep the situation referred to in Norway’s unilateral declaration under constant review. It may at any time initiate consultations with Norway with a view to finding satisfactory solutions to such problems as may arise.
   Joint Declaration by the European Union and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on the signature of the Agreement between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Principality of Liechtenstein on supplementary rules in relation to the External Borders Fund for the period 2007 to 2013
   As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date the European Union exercises all rights and assumes all obligations of the European Community.
   Therefore, references to ‘the European Community’ in the text of the aforementioned Agreement, signed today, are, where appropriate, to be read as ‘the European Union’.

      Done at Brussels on  2010.

         For the European Union

         For the Republic of Iceland

         For the Kingdom of Norway

         For the Swiss Confederation

         For the Principality of Liechtenstein


title: Council Decision (CFSP) 2017/412 of 7 March 2017 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic

text:
               9.3.2017

               EN

               Official Journal of the European Union

               L 63/102

         COUNCIL DECISION (CFSP) 2017/412
   of 7 March 2017
   amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 23 December 2013, the Council adopted Decision 2013/798/CFSP (1).

               (2)

               On 27 January 2017, the United Nations Security Council adopted Resolution 2339 (2017) (‘UNSCR 2339 (2017)’).

               (3)

               UNSCR 2339 (2017) provides for certain amendments to the exemptions to the arms embargo as well as to the designation criteria relating to persons and entities subject to sanctions.

               (4)

               Further Union action is needed in order to implement certain measures.

               (5)

               Decision 2013/798/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2013/798/CFSP is amended as follows:

               (1)

               Article 2 is replaced by the following:
               ‘Article 2
               Article 1 shall not apply to:

                           (a)

                           the sale, supply, transfer or export of arms and related materiel, and the provision of related technical assistance or financing and financial assistance, intended solely for the support of or use by the United Nations Multidimensional Integrated Stabilization Mission in the CAR (‘Minusca’), the African Union Regional Task Force (‘AU-RTF’), and the Union missions and the French forces deployed in the CAR;

                           (b)

                           the sale, supply, transfer or export of non-lethal equipment and provision of assistance, including operational and non-operational training to the CAR security forces, including State civilian law enforcement institutions, intended solely for support of or use in the CAR process of Security Sector Reform (‘SSR’), in coordination with Minusca, and as notified in advance to the Committee established pursuant to paragraph 57 of UNSCR 2127 (2013) (‘the Committee’);

                           (c)

                           the sale, supply, transfer or export of arms and related materiel brought into the CAR by Chadian or Sudanese forces solely for their use in international patrols of the tripartite force established on 23 May 2011 in Khartoum by the CAR, Chad and Sudan, to enhance security in the common border areas, in cooperation with Minusca, as approved in advance by the Committee;

                           (d)

                           the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Committee;

                           (e)

                           the sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to the CAR by United Nations personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

                           (f)

                           the sale, supply, transfer or export of small arms and other related equipment intended solely for use in international patrols providing security in the Sangha River Tri-national Protected Area to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of the CAR or the CAR's international legal obligations, as notified in advance to the Committee;

                           (g)

                           the sale, supply, transfer or export of arms and other related lethal equipment to the CAR security forces, including State civilian law enforcement institutions, intended solely for support of or use in the CAR process of SSR, as approved in advance by the Committee; or

                           (h)

                           other sale, supply, transfer or export of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee.’.

               (2)

               in Article 2a, paragraph 1 is replaced by the following:
               ‘1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons designated by the Committee as:

                           (a)

                           engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or impede the stabilization and reconciliation process or that fuel violence;

                           (b)

                           acting in violation of the arms embargo established in paragraph 54 of UNSCR 2127 (2013) and Article 1 of this Decision, or as having directly or indirectly supplied, sold, or transferred to armed groups or criminal networks in the CAR, or as having been the recipient of arms or any related materiel, or any technical advice, training, or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in the CAR;

                           (c)

                           involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, in the CAR, including, targeting of civilians, ethnic- or religious-based attacks, attacks on schools and hospitals, and abduction and forced displacement;

                           (d)

                           involved in planning, directing or committing acts involving sexual and gender-based violence in the CAR;

                           (e)

                           recruiting or using children in armed conflict in the CAR, in violation of applicable international law;

                           (f)

                           providing support for armed groups or criminal networks through the illicit exploitation or trade of natural resources, including diamonds, gold, wildlife as well as wildlife products in or from the CAR;

                           (g)

                           obstructing the delivery of humanitarian assistance to the CAR, or access to, or distribution of, humanitarian assistance in the CAR;

                           (h)

                           involved in planning, directing, sponsoring, or conducting attacks against United Nations missions or international security presences, including Minusca, the Union missions and French operations which support them;

                           (i)

                           being leaders of an entity designated by the Committee, or having provided support to, or acted for or on behalf of, or at the direction of a person or an entity designated by the Committee, or an entity owned or controlled by a person or entity designated by the Committee,

                     as listed in the Annex to this Decision.’.

               (3)

               Article 2b is amended as follows:

                           (a)

                           paragraph 1 is replaced by the following:
                           ‘1.   All funds and economic resources owned or controlled directly or indirectly by the persons and entities designated by the Committee and listed in the Annex as:

                                       (a)

                                       engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or impede the stabilization and reconciliation process or that fuel violence;

                                       (b)

                                       acting in violation of the arms embargo established in paragraph 54 of UNSCR 2127 (2013) and Article 1 of this Decision, or as having directly or indirectly supplied, sold, or transferred to armed groups or criminal networks in the CAR, or as having been the recipient of arms or any related materiel, or any technical advice, training, or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in the CAR;

                                       (c)

                                       involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, in the CAR, including, targeting of civilians, ethnic- or religious-based attacks, attacks on schools and hospitals, and abduction and forced displacement;

                                       (d)

                                       involved in planning, directing or committing acts involving sexual and gender-based violence in the CAR;

                                       (e)

                                       recruiting or using children in armed conflict in the CAR, in violation of applicable international law;

                                       (f)

                                       providing support for armed groups or criminal networks through the illicit exploitation or trade of natural resources, including diamonds, gold, wildlife as well as wildlife products in or from the CAR;

                                       (g)

                                       obstructing the delivery of humanitarian assistance to the CAR, or access to, or distribution of, humanitarian assistance in the CAR;

                                       (h)

                                       involved in planning, directing, sponsoring, or conducting attacks against United Nations missions or international security presences, including Minusca, the Union missions and French operations which support them;

                                       (i)

                                       being leaders of an entity designated by the Committee, or having provided support to, or acted for or on behalf of, or at the direction of a person or an entity designated by the Committee, or an entity owned or controlled by a person or entity designated by the Committee,

                                 shall be frozen.’;

                           (b)

                           paragraph 4 is replaced by the following:
                           ‘4.   A Member State may also allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are:

                                       (a)

                                       necessary for extraordinary expenses, after notification by the Member State concerned to the Committee and approval by the latter;

                                       (b)

                                       the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered into prior to 27 January 2017, and is not for the benefit of a person or entity referred to in this Article, after notification by the Member State concerned to the Committee.’.

         Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 7 March 2017.

            For the Council

            The President

         L. GRECH

      (1)  Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive measures against the Central African Republic (OJ L 352, 24.12.2013, p. 51).


Avis juridique important

|

31999D0818

1999/818/EC: Council Decision of 6 December 1999 appointing a German member of the Committee of the Regions

Official Journal L 318 , 11/12/1999 P. 0019 - 0019

COUNCIL DECISIONof 6 December 1999appointing a German member of the Committee of the Regions(1999/818/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as a member of the Committee of the Regions has become vacant following the resignation of Mr Josef Hattig notified to the Council on 9 November 1999,Having regard to the proposal from the German Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Erik Bettermann is hereby appointed a member of the Committee of the Regions in place of Mr Josef Hattig for the remainder of his term of office, which runs until 25 January 2002.Done at Brussels, 6 December 1999.For the CouncilThe PresidentT. HALONEN(1) OJ L 28, 4.2.1998, p. 19.


title: Commission Decision of 16 December 2015 — Appointment of Members of the Stakeholder group of the REFIT Platform

text:
               18.12.2015

               EN

               Official Journal of the European Union

               C 425/8

         COMMISSION DECISION
   of 16 December 2015
   Appointment of Members of the Stakeholder group of the REFIT Platform
   (2015/C 425/06)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Decision C(2015) 3261 final of 19 May 2015 establishing the REFIT Platform,
   Whereas:

               (1)

               The Commission Decision (1) (hereinafter ‘the Decision’) establishing the REFIT platform (hereinafter ‘the Platform’) provides for the Platform to have the mandate to (i) invite and collect suggestions from all available sources on regulatory and administrative burden reduction, arising from Union legislation and its implementation in Member States; (ii) assess the merits of the collected suggestions in terms of their potential to reduce regulatory and administrative burden without endangering the achievement of the objectives of the legislation and, where appropriate, provide supplementary remarks on the suggestions; (iii) forward for comments those suggestions considered to merit most attention, as well as any supplementary remarks, to the Commission services concerned or, as the case may be, to the Member State concerned; and (iv) respond to each person making a suggestion and render public the suggestions it receives, the supplementary remarks and the comments received from the Commission services or Member State concerned.

               (2)

               The Decision provides that the Platform will comprise a Government group and a Stakeholder group and that the members of the ‘Stakeholder group’ shall consist of up to 20 experts, two of them representing the European Economic and Social Committee and the Committee of the Regions and the rest from business, including from SMEs, and from social partners and civil society organisations having direct experience in the application of Union legislation. The experts in the stakeholder group shall be appointed in their personal capacity or to represent a common interest shared by a number of stakeholders.

               (3)

               The Decision provides that the Commission, on a proposal from the First Vice-President of the Commission, shall appoint members of the stakeholder group selected from applicants having direct experience in the application of Union legislation, who have responded to the call for applications. The appointments shall ensure, to the extent possible, a balanced representation of the various sectors, interests and regions of the Union and gender. Members shall be appointed until 31 October 2019.

               (4)

               All applications received on the basis of the aforesaid criteria have been carefully examined.

               (5)

               Should any Member of the Stakeholder group cease to be a Member during the term of office of the Platform, the First Vice-President should be empowered to nominate a replacement on the basis of the criteria set by the Decision creating the Platform in order to avoid delay in the replacement of any Members of the Stakeholder group, or imbalance in its membership,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The Members of the Stakeholder group of the REFIT Platform are listed alphabetically in the Annex to this Decision.
   2.   Should any Member of the Stakeholder group cease to be a Member during the term of office of the Platform, the First Vice-President may nominate a replacement from the initial list of candidates who responded to the Call for expressions of interest to become Member of the Stakeholder group.
   Article 2
   This Decision shall apply until 31 October 2019.

      Done at Brussels, 16 December 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  C(2015) 3261 final.

      ANNEX

         Members appointed

      The Members of the ‘Stakeholder group’ of the REFIT Platform, listed alphabetically with indication of whether they have been nominated in their personal capacity or to represent a common interest shared by a number of stakeholders.

                  Name

                  Nationality

                  Represent a common interest shared by stakeholders in a particular policy area

                  Current employer

                  Mr Alanko Risto

                  FI

                  YES

                  The Federation of Finnish Technology Industries

                  Mr Baussand Pierre

                  FR

                  YES

                  Social Platform AISBL

                  Ms Beekmans-Pols Fenna

                  NL

                  NO

                  Europa Decentraal

                  Mr Christensen Geert Laaier

                  DK

                  YES

                  Dansk Erhverv – The Danish Chamber of Commerce

                  Mr Clarke Mike

                  UK

                  YES

                  Royal Society of Bird Protection (RSPB)

                  Ms Hanula-Bobbitt Katarzyna

                  PL

                  YES

                  Finance Watch

                  Mr Hedström Jens

                  SE

                  YES

                  BusinessEurope

                  Ms Kavrakova Assya

                  BG

                  YES

                  European Citizen Action Service (ECAS)

                  Mr Krivošík Juraj

                  SK

                  NO

                  SEVEn, the ‘Energy Efficiency Center’

                  Mr Lasiauskas Linas

                  LT

                  NO

                  Lithuanian Apparel and Textile Industry Association

                  Mr Loosen Peter

                  DE

                  YES

                  Bund für Lebensmittelrecht und Lebensmittelkunde e.V. (national federation)

                  Mr Naslin Jean

                  FR

                  YES

                  European Banking Industry Committee (EBIC)

                  Ms Pachl Ursula

                  AT

                  YES

                  European consumer organisation (BEUC)

                  Ms Roenne Moeller Heidi

                  DK

                  YES

                  European Trade Union Confederation (ETUC)

                  Ms Ronzitti Valeria

                  IT

                  YES

                  European Centre of Employers and Enterprises providing public services (CEEP)

                  Ms Santiago Cid María Elena

                  ES

                  YES

                  European Committee for Standardization (CEN) and (European Committee for Electro technical Standardization) Cenelec

                  Ms Stoczkiewicz Magdalena

                  PL

                  YES

                  Friends of the Earth Europe

                  Mr van Straalen Michaël Angelo

                  NL

                  YES

                  Koninklijke Vereniging MKB

         Reserve list

      Should any member of the Stakeholder Group cease to be a Member during the term of office of the Platform, the First Vice President may nominate a replacement from the initial list of candidates who responded to the Call for expressions of interest to become Member of the Stakeholder Group.


title: 76/602/ECSC: Commission Decision of 20 May 1976 authorizing a joint buying agreement in respect of finished rolled steel products between the steel distribution undertakings C. Walker & Sons Ltd, J. Champion SA and NV A. Lommaert

text:
  No L 198/6                       Official Journal of the European Communities                                 23 . 7. 76
                                                          II
                                      (Acts whose publication is not obligatory)
                                              COMMISSION
                                             COMMISSION DECISION
                                                  of 20 May 1976
              authorizing a joint buying agreement in respect of finished rolled steel products
              between the steel distribution undertakings C. Walker & Sons Ltd, J. Champion SA
                                               and NV A. Lommaert
                                (Only the Dutch, English and French texts are authentic)
                                                   (76/602/ECSC)
 THE COMMISSION OF THE EUROPEAN                               Walker has the power to exercise control within the
 COMMUNITIES,                                                  meaning of Decision 24/54 over the following steel
                                                              stockholders :
Having regard to the Treaty establishing the European
 Coal and Steel Community, and in particular
Article 65 thereof,                                                            Firm                     Locality
Having regard to the application from the firms                C. Walker & Sons (Ireland) Ltd    United Kingdom
 concerned dated 21 November 1974,                             Padley Stainless Steels Ltd      United Kingdom
Whereas :                                                     Mersey Steels Ltd                 United Kingdom
                                                              Martin Hall Ltd                   United Kingdom
                                                              Martin Hall Steel Tubes Ltd       United Kingdom
                           I
                                                              Martin Hall (London) Ltd          United Kingdom
On 21 November 1974 three steel distribution under           Harrowmills Ltd                   United Kingdom
takings within the meaning of Article 80 of the               Slough Tubes Ltd                  United Kingdom
Treaty :                                                      Dublin Steel Stockholders Ltd     Ireland
                                                              Shamrock Steel Services Ltd       Ireland
C. Walker & Sons Ltd, Blackburn, United Kingdom
(Walker); Ets Metallurgiques J. Champion SA,
Nanterre, France ( Champion); and NV Algemene
Handelsmaatschappij A. Lommaert, Schoten, Belgium
(Lommaert);
                                                              These undertakings form the Walker Group, whose
                                                              consolidated turnover in 1974 totalled £ 41 418 627.
applied to the Commission of the European Communi
ties for authorization under Article 65 (2) of the
Treaty of a joint steel buying arrangement between
them .                                                        Champion is a French limited liability company with
                                                              a capital of FF 12 million ; it is in business as a
Walker is a United Kingdom steel stockholder with             stockholder for all steel products ; 98% of its capital
a share capital of £350 000, held entirely by members         is held by members of the Champion family, and its
of the Walker family.                                         1974 turnover totalled FF 311 058 000 .
 ---pagebreak--- 23 . 7. 76                           Official Journal of the European Communities                          No L 198 /7
Lommaert, a Belgium limited liability company in                Each of the firms involved will remain free to deter
business as a steel stockholder, has a capital of Bfrs          mine :
35 million, all held by members of the Lommaert
family.                                                         — sales prices,
                                                                — outlets,
Lommaert has the power to exercise direct or indirect
control over the following steel stockholders :                 — product range,
                                                                — customer selection,
                  Firm                      Locality
                                                                — quality of after-sales service,
A. Lommaert NV Algemene
Handelsmaatschappij, Lanaken        Belgium                     — technical developments,
Anciens Etablissements Leduc SA,
Liège                               Belgium                     — business expansion,
BV Ijzerhandel v/h A. Lommaert,
Born                                Netherlands                — investment programmes.
BV Ijzerhandel v/h A. Lommaert,
The Hague                           Netherlands
H. Heutappel BV, Maastricht                                     The agreement was concluded for five years from
                                    Netherlands
                                                                1 January 1975 and may be renewed if all three
Eisen- und Stahlgroßhandel                                      parties so agree.
Dr. Ing. A. Schneider GmbH,         Federal Republic
Heidelberg                          of Germany
Eisen- und Stahlgroßhandel
Dr. Ing. A. Schneider GmbH,         Federal Republic
Düsseldorf                          of Germany
                                                                                II
                                                                The agreement "restricts the normal play of competi
These undertakings form the Lommaert Group, whose               tion since the joint buying of finished and end rolled
consolidated       turnover   in   1974   totalled   Bfrs       steel products to be taken into stock will enable the
2 978 313 000.                                                  firms involved to obtain identical prices and terms of
                                                                delivery, more favourable than those which they
                                                                would have obtained individually.
On 1 January 1975 these undertakings entered into
a cooperation agreement, the main points being:
                                                               The agreement also distorts the normal play of
— the parties will pool their buying of finished and            competition since the firms involved will regularly
     end rolled steel products once the necessary              be exchanging commercial, technical, financial and
     facilities have been set up ;                              administrative information, notably market research,
                                                               statistics on and analyses of current economic trends,
                                                                management information and knowhow, technical
— they will regularly exchange commercial, technical,           knowhow and research and development findings.
     financial and administrative information, notably:
    — market research,
                                                               Although these last-mentioned cooperation measures
    — statistics on and analyses of current economic           taken individually would not be anticompetitive for
         trends,                                               purposes of the 'Notice on agreements, decisions
                                                                and concerted practices concerning cooperation
     — management information and knowhow,                     between undertakings' (*) and would therefore not be
                                                               caught by Article 65 (1 ), their cumulative effect will
    — technical knowhow, and research and devel
         opment findings;
— they will encourage as far as possible staff                 (*) OJ No C 75, 29. 7. 1968, p. 3 ; Corrigendum in OJ
    exchanges and joint advertising;                               No C 84, 28. 8. 1968, p. 14.
 ---pagebreak---   No L 198 /8                          Official Journal of the European Communities                              23 . 7. 76
 be to make the firms involved cooperate on a broader             Joint buying will enable these firms :
 front and then coordinate their activities beyond joint
 buying, so that they are likely to align their market
 conduct as suppliers.                                            — to place joint orders for steel products to be taken
                                                                       into stock, so that they can avoid surcharges on
                                                                      small orders and qualify for quantity discounts ;
 This agreement, whose purpose is to give the parties
 a substantially stronger market position vis-a-vis their         — to make a substantial improvement in their
 suppliers and a substantially better competitive                     supplies and extend their product range by giving
 position than they would have on their own in                        them access to each other's traditional suppliers;
 conditions of normal competition, is therefore caught
 by the prohibition in Article 65 ( 1 ) of the Treaty.
                                                                  — to be sure of continuous and faster supplies of
                                                                       products from other Community countries;
                              III                                 — to rationalize their buying and thus reduce costs
                                                                      so as to step up their efficiency and competi
                                                                      tiveness on a broader market.
 Specialization agreements or joint buying or joint
 selling agreements in respect of particular products
 may be authorized if the Commission finds that they              Joint buying by Walker, Champion and Lommaert
 satisfy the tests of Article 65 (2).                             will thus make for a substantial improvement in the
                                                                  distribution of steel products.
 The agreement in question may be authorized under
Article 65 (2) if it makes for a substantial improve            These results could not be obtained on the same
 ment in the production or distribution of the relevant           scale if each of the firms individually bought the
products, is essential in order to achieve these results         steel it needed. The agreements impose no restrictions
 and is not more restrictive than is necessary for that           as regards pricing, selection of customers or outlets,
 purpose. The agreement must not be such as to give              business expansion or investment programmes, where,
 the undertakings concerned the power to determine               each firm remains completely free. It can therefore
the prices, or to control or restrict the production or          be concluded that the agreement is not more restric
 marketing, of a substantial part of the products in              tive than its purpose requires .
 question within the common market, or to shield
them against effective competition from other under
 takings within the common market.
                                                                 The agreement thus satisfies the tests of Article 65 (2),
                                                                  (a) and (b).
                              IV
                                                                                V
Walker, Champion and Lommaert are all steel
distributors and generally supply small and medium
firms within 80 or 100 kilometres of their depots ;
and these firms find it advantageous to be in close              In the assessment of the market shares held by the
                                                                 firms concerned, account should be taken of the
contact with their suppliers .
                                                                 peculiar features of the stockholder market, where
                                                                 there are geographic limits depending on the location
                                                                 of depots. The firms concerned have their registered
The geographical location of the depots of the parties           offices and main depots in three separate Community
to the agreement and their subsidiaries will enable              countries. There is therefore no point in seeking a
them to supply users in the Benelux countries, Ireland,          relevant market covering them all ; each should be
the United Kingdom, the northern half of France and              considered in relation to the market covered from its
part of Germany.                                                 depots.
 ---pagebreak--- 23 . 7. 76                          Official Journal of the European Communities                         No L 198/9
Walker's share of the United Kingdom stockholder               HAS ADOPTED THIS DECISION:
market may be estimated at 5% in 1974, when
Champion held approximately 4% of the French
market and Lommaert 6% of the combined Belgian                                         Article 1
and Dutch markets . These are thus medium-sized
firms . Each of them on its own market has to face             The joint buying agreement in respect of steel
competition not only from large numbers of local or            products to be taken into stock entered into on
regional iron and steel dealers but also from dealers          1 January 1975 between the following steel distri
under the control of the manufacturing firms, some of          bution undertakings :
them holding market shares three or four times as
large.                                                         C. Walker and Sons Ltd, Blackburn, United Kingdom;
                                                               Ets Metallurgiques J. Champion SA, Nanterre, France;
The agreement at issue is accordingly not liable to            and NV AlgemeneHandelsmaatschappij A. Lommaert,
give the undertakings concerned the power to deter            Schoten, Belgium ; is hereby authorized.
mine the prices, or to control or restrict the pro
duction or marketing of a substantial part of the
steel products sold in the common market, or to                                        Article 2
shield them against effective competition from other
undertakings within the. common market. It thus                The said undertakings shall without delay inform the
satisfies the tests of Article 65 (2) (c) of the Treaty.       Commission of any change or addition to or extension
                                                               of the agreement, and effect shall not be given to
                                                               any such change, addition or extension until the
                            VI                                 Commission has confirmed that it is consistent with
                                                               the authorization given by this Decision or has
The Commission must ensure that any arrangements               authorized it under Article 65 (2).
 made by the firms involved under " the joint buying
 agreement are consistent with the authorization given
 by this Decision and with the Treaty.                                                 Article 3
Walker, Champion and Lommaert must therefore be                This Decision is addressed to the undertakings named
 required to inform the Commission without delay               in Article 1 .
 of any change or addition to or extension of the
 agreement, and effect must not be given to any such
 change, addition or extension until the Commission
 has declared it admissible or has authorized it under         Done at Brussels, 20 May 1976.
 Article 65 (2) of the Treaty.
 The agreement which the Commission is asked to                                              For the Commission
 authorize satisfies the requirements of Article 65 (2)                                        A. BORSCHETTE
 and is consistent with the other provisions of the
 Treaty,                                                                                Member of the Commission


title: Council Decision (EU) 2016/1670 of 12 September 2016 appointing a member and two alternate members, proposed by the Italian Republic of the Committee of the Regions

text:
               16.9.2016

               EN

               Official Journal of the European Union

               L 249/37

         COUNCIL DECISION (EU) 2016/1670
   of 12 September 2016
   appointing a member and two alternate members, proposed by the Italian Republic of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Italian Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), 2015/190 (2) and 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. On 16 December 2015, by Council Decision (EU) 2015/2361 (4), Mr Antonio DECARO was replaced by Mr Andrea BALLARÈ as an alternate member.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the mandate on the basis of which Mr Piero FASSINO (Sindaco del Comune di Torino) was proposed.

               (3)

               An alternate member's seat on the Committee of the Regions has become vacant following the end of the mandate on the basis of which Mr Andrea BALLARÈ (Sindaco di Novara) was proposed.

               (4)

               An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Francesca BALZANI,

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

               (a)

               as a member:

                           —

                           Sig. Piero FASSINO, (Consigliere del Comune di Torino (TO)) (change of mandate),

                     and

               (b)

               as alternate members:

                           —

                           Sig. Andrea BALLARÈ, (Consigliere del Comune di Novara (NO)) (change of mandate),

                           —

                           Sig. Guido MILANA, (Consigliere del Comune di Olevano Romano (RM)).

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

      Done at Brussels, 12 September 2016.

            For the Council

            The President

         M. LAJČÁK

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).

      (4)  Council Decision (EU) 2015/2361 of 16 December 2015 appointing an Italian member and an Italian alternate member of the Committee of the Regions (OJ L 331, 17.12.2015, p. 29).


title: 2005/419/Euratom:Commission Decision of 27 November 2002 on the conclusion of a Cooperation Agreement between the European Atomic Energy Community and the Government of the Republic of Kazakhstan in the field of controlled nuclear fusion (notified under document number C(2002) 4572)

text:
               7.6.2005

               EN

               Official Journal of the European Union

               L 143/27

      COMMISSION DECISION

   of 27 November 2002
   on the conclusion of a Cooperation Agreement between the European Atomic Energy Community and the Government of the Republic of Kazakhstan in the field of controlled nuclear fusion
   (notified under document number C(2002) 4572)
   (2005/419/Euratom)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Atomic Energy Community and in particular the second paragraph of Article 101 thereof,
   Having regard to the approval of the Council (1),
   Whereas the Agreement between the European Atomic Energy Community and the Government of the Republic of Kazakhstan in the field of nuclear fusion must be concluded,
   HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Atomic Energy Community and the Government of the Republic of Kazakhstan in the field of controlled nuclear fusion is hereby concluded on behalf of the European Atomic Energy Community.
   The text of the Agreement is appended to this Decision.
   Article 2
   The Member of the Commission responsible for Research or his designated representative is authorised to sign the Agreement on behalf of the European Atomic Energy Community for the purpose of binding the European Atomic Energy Community.

      Done at Brussels, 27 November 2002.

            For the Commission

         Philippe BUSQUIN

            Member of the Commission

      (1)  12188/01 (press 333), 27.9.2001.

         AGREEMENT

      for cooperation between the Government of the Republic of Kazakhstan and the European Atomic Energy Community in the field of controlled nuclear fusion
      THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN,
      of the one part, and
      THE EUROPEAN ATOMIC ENERGY COMMUNITY,
      of the other part,
      hereinafter referred to as ‘the Community’, both also generally referred to hereinafter as the ‘Party’ or ‘Parties’, as appropriate,
      RECALLING that the Agreement on Partnership and Cooperation was signed on 23 January 1995 by the European Communities and their Members States and Kazakhstan;
      DESIRING to facilitate the achievement of fusion energy as a potentially environmentally acceptable, economically competitive, and virtually limitless source of energy;
      NOTING that the Community fusion programme is a broad-based comprehensive programme based on the toroidal magnetic confinement;
      NOTING that the Fusion Programme of Kazakhstan is a focused programme concentrating on the specifics strengths of fusion science and technology in Kazakhstan;
      RECOGNISING the mutual benefits to be obtained by establishing closer links between the Parties' scientific communities working in the field of controlled nuclear fusion;
      DETERMINED to strengthen the cooperation between the Parties in the field of controlled nuclear fusion through regular consultations,
      HAVE AGREED AS FOLLOWS:
      Article 1
      The objective of this Agreement is to maintain and intensify cooperation between the Parties in the areas covered by their respective fusion programmes on the basis of mutual benefit in order to develop the scientific understanding and technological capability underlying a fusion power system.
      Article 2
      Cooperation under this Agreement may be undertaken in the following areas:

                  (a)

                  experimental and theoretical studies of plasma confinement, transport, heating and current drive (including the development of related RF systems) and diagnostics, in magnetic devices;

                  (b)

                  fusion technology;

                  (c)

                  applied plasma physics;

                  (d)

                  programme policies and plans; and

                  (e)

                  other areas as may be agreed.

            Article 3
      Cooperation in the areas referred to in Article 2 may include the following activities:

                  (a)

                  exchange and provision of information;

                  (b)

                  exchange and provision of personnel;

                  (c)

                  meetings of various forms;

                  (d)

                  exchange and provision of samples, instruments and apparatus for experimental and evaluation purposes;

                  (e)

                  balanced participation in joint studies and activities;

                  (f)

                  involvement in either Party’s contribution to the fusion programmes or projects involving third parties, subject to the consent, if required, of such third parties; and

                  (g)

                  other activities as may be agreed.

            Article 4
      1.   To the extent necessary, implementing arrangements on specific cooperative actions shall be concluded between:

                  the Community or any organisation associated with it within the framework of the Community fusion programme, designated by the Community for this purpose;

                  Government of the Republic of Kazakhstan, the executive body of which for those purposes is the Ministry of Energy and Mineral Resources of the Republic of Kazakhstan or any other organisation, designated by the Republic of Kazakhstan for this purpose.

            2.   Specific terms and conditions necessary to implement activities listed in Article 3 shall be mutually agreed by both parties in the implementing arrangements and shall contain:

                  (a)

                  specific details, procedures and financing provisions for individual cooperative activities;

                  (b)

                  assignment of the responsibility for the operational management of the concerned activity to a single organisation or operating agent;

                  (c)

                  detailed provisions on dissemination of information and treatment of intellectual property.

            3.   Each Party shall coordinate its activities under this Agreement as appropriate, with other international activities related to research and development in the field of controlled nuclear fusion in which the other Party is a participant, in order to minimise duplication of effort.
      Article 5
      1.   The Parties shall establish a Coordinating Committee to coordinate and to supervise the execution of this Agreement. Each of the Parties shall appoint an equal number of members to the Coordinating Committee and nominate one of its appointed members as its Head of Delegation. The Coordinating Committee shall meet each year, alternately in the Community and in Kazakhstan or at any other agreed time and place. The Head of Delegation of the receiving Party shall chair the meeting.
      2.   The functions of the Coordinating Committee shall include:

                  (a)

                  assessing the state of cooperation under this Agreement;

                  (b)

                  determining the specific tasks to be undertaken in the areas referred to in Article 2 of this Agreement, without prejudice to the taking of autonomous decisions by the Parties on their respective programmes.

            3.   All decisions of the Coordinating Committee shall be by unanimity.
      4.   For periods between meetings of the Coordinating Committee, each Party shall nominate an Executive Secretary to act on its behalf in all matters concerning cooperation under this Agreement. The Executive Secretaries shall be responsible for day-to-day management of such cooperation.
      Article 6
      All costs resulting from the cooperation shall be borne by the Party that incurs them, unless otherwise specifically agreed in writing by the implementing agencies.
      Article 7
      Utilisation and diffusion of information and intellectual property rights including industrial property, patents and copyrights connected with the cooperative activities under this Agreement shall be in accordance with the Annexes, which form an integral part of this Agreement.
      Article 8
      Nothing in this Agreement shall be construed to prejudice existing or future arrangements for cooperation between the Parties.
      Article 9
      1.   Performance of the Parties under this Agreement shall be subject to the availability of appropriated funds.
      2.   Cooperation under this Agreement shall be in accordance with the laws and regulations applicable.
      3.   Each Party shall use its best endeavours, within the framework of the laws and regulations applicable, to facilitate the accomplishment of formalities involved in the movement of persons, the transfer of materials and equipment and the transfer of currency required to conduct the cooperation.
      4.   Compensation for damages incurred during the implementation of this Agreement shall be in accordance with the laws and regulations applicable.
      Article 10
      Subject to the laws and regulations applicable, the Parties shall endeavour to settle all questions connected with this Agreement through consultations between themselves.
      Article 11
      1.   This Agreement shall enter into force on the date (1) which the Parties, by an exchange of diplomatic notes, specify for its entry into force and shall remain in force for an initial period of 10 years.
      2.   Thereafter, this Agreement shall be automatically renewed for five-year periods, unless either Party, by written notice, requests its termination or renegotiation not later than six months prior to the expiry date.
      3.   In the event of termination or renegotiation, this Agreement shall remain in force in its previous form, with respect to cooperation activities effectively entered into prior to the request for termination or renegotiation and to implementing arrangements as envisaged in Article 4, until the end of such activities and arrangements.
      4.   Termination of this Agreement shall not affect rights and obligations under Article 7.
      Article 12
      This Agreement shall apply, in so far as the Community is concerned, to the territories in which the Treaty establishing the European Atomic Energy Community applies and to the territories of the countries participating in the Community fusion programme as fully associated third States.
      Article 13
      This Agreement shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish, Swedish, Kazakh and Russian languages, each text being equally authentic.

         Done in Brussels, 29 November 2002.

               For the European Atomic Energy Community

            Philippe BUSQUIN

               For the Government of the Republic of Kazakhstan

            Akhmetzhan S. YESSIMOV

         (1)  13 April 2004.

         ANNEX I
         Guiding principles on the allocation of intellectual property rights (1) resulting from joint research under the Cooperation Agreement in the field of controlled nuclear fusion
         I.   OWNERSHIP, ALLOCATION AND EXERCISE OF RIGHTS

                     1.

                     All research carried out pursuant to this Agreement shall be ‘joint research’. The participants shall jointly develop joint technology management plans (TMPs) (2) in respect of the ownership and use, including publication, of information and intellectual property (IP) to be created in the course of joint research. Those plans shall be approved by the Parties before the conclusion of any specific R & D cooperation contracts to which they refer. The TMPs shall be developed taking into account the aims of the joint research, the relative contributions of the participants, the advantages and disadvantages of licensing by territory or for fields of use, requirements imposed by laws applicable and other factors deemed appropriate by the participants. The rights and obligations concerning the research generated by visiting researchers in respect of IP shall also be addressed in the joint technology management plans.

                     2.

                     Information or IP created in the course of joint research and not addressed in the technology management plan shall be allocated, with the approval of the Parties, according to the principles set out in the technology management plan. In case of disagreement, such information or IP shall be owned jointly by all the participants involved in the joint research from which the information or IP results. Each participant to whom this provision applies shall have the right to use such information or IP for his own commercial exploitation with no geographical limitation.

                     3.

                     Each Party shall ensure that the other Party and its participants may have the rights to IP allocated to them in accordance with these principles.

                     4.

                     While maintaining the conditions of competition in areas affected by the Agreement each Party shall endeavour to ensure that rights acquired pursuant to this Agreement are exercised in such a way as to encourage in particular:

                                 (i)

                                 the dissemination and use of information created, disclosed, or otherwise made available, under the Agreement;

                                 (ii)

                                 the adoption and implementation of international standards.

               II.   COPYRIGHT WORKS
         Copyright belonging to the Parties or to their participants shall be accorded treatment consistent with the Berne Convention (1971 Paris Act).
         III.   SCIENTIFIC LITERARY WORKS
         Without prejudice to Section IV, unless otherwise agreed in the TMP, publication of results of research shall be made jointly by the Parties or participants to that joint research. Subject to the foregoing general rule, the following procedures shall apply:

                     1.

                     in the case of publication by a Party or public bodies of that Party of scientific and technical journals, articles, reports, books, including video and software, arising from joint research pursuant to this Agreement, the other Party shall be entitled to a worldwide, non-exclusive, irrevocable, royalty-free licence to translate, reproduce, adapt, transmit and publicly distribute such works;

                     2.

                     the Parties shall ensure that literary works of a scientific character arising from joint research pursuant to this Agreement and published by independent publishers shall be disseminated as widely as possible;

                     3.

                     all copies of a copyrights work to be publicly distributed and prepared under this provision shall indicate the names of the author(s) of the work unless an author or authors expressly declines or decline to be named. They shall also bear a clearly visible acknowledgement of the cooperative support of the Parties.

               IV.   UNDISCLOSED INFORMATION
         A.   Documentary undisclosed information

                     1.

                     Each Party or its participants, as appropriate, shall identify at the earliest possible moment and preferably in the technology management plan the information that it wishes to remain undisclosed in relation to this Agreement, taking account, inter alia, of the following criteria:

                                 —

                                 secrecy of the information in the sense that the information is not, as a body or in the precise configuration or assembly of its components, generally known among or readily accessible by lawful means to experts in the field,

                                 —

                                 the actual or potential commercial value of the information by virtue of its secrecy,

                                 —

                                 previous protection of the information in the sense that it has been subject to steps that were reasonable under the circumstances by the person lawfully in control, to maintain its secrecy.

                           The Parties and the participants may in certain cases agree that, unless otherwise indicated, parts or all of the information provided, exchanged or created in the course of joint research pursuant to the Agreement may not be disclosed.

                     2.

                     Each Party shall ensure that undisclosed information under this Agreement and its ensuing privileged nature is readily recognisable as such by the other Party, for example by means of an appropriate marking or restrictive legend. This also applies to any reproduction of the said information, in whole or in part.
                     A Party receiving undisclosed information pursuant to the Agreement shall respect the privileged nature thereof. These limitations shall automatically terminate when this information is disclosed by the owner without restriction to experts in the field.

                     3.

                     Undisclosed information communicated under this Agreement may be disseminated by the receiving Party to persons within or employed by the receiving Party, and other concerned departments or agencies in the receiving Party authorised for the specific purposes of the joint research under way, provided that any undisclosed information so disseminated shall be pursuant to an agreement of confidentiality and shall be readily recognisable as such, as set out above.

                     4.

                     With the prior written consent of the Party providing undisclosed information under this Agreement, the receiving Party may disseminate such undisclosed information more widely than otherwise permitted in paragraph 3 above. The Parties shall cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemination, and each Party will grant such approval to the extent permitted by its domestic policies, regulations and laws.

               B.   Non-documentary undisclosed information
         Non-documentary undisclosed or other confidential or privileged information provided in seminars and other meetings arranged under this Agreement, or information arising from the attachment of staff, use of facilities, or joint projects, shall be treated by the Parties or their participants according to the principle specified for documentary information in the Agreement, provided, however, that the recipient of such undisclosed or other confidential or privileged information has been made aware of the confidential character of the information communicated at he time such communication is made.
         C.   Control
         Each Party shall endeavour to ensure that undisclosed information received by it under this Agreement shall be controlled as provided therein. If one of the Parties becomes aware that it will be, or may reasonably be expected to become, unable to meet the non-dissemination provisions of paragraphs A and B, it shall immediately inform the other Party. The Parties shall thereafter consult to define an appropriate course of action.

            (1)  Definitions of the concepts referred to in these guiding principles are set out in Annex II.

            (2)  The indicative features of such TMPs are set out in Annex III.

         ANNEX II
         DEFINITIONS
         1.   INTELLECTUAL PROPERTY: shall have the meaning found in Article 2 of the Convention establishing the World Intellectual Property Organisation, done at Stockholm on 14 July 1967.
         2.   PARTICIPANT: any natural or legal person, including the Parties themselves, participating in a project under this Agreement.
         3.   JOINT RESEARCH: research implemented and/or funded by the joint contributions of the Parties and with collaboration from participants of both Parties, where appropriate.
         4.   INFORMATION: scientific or technical data, results or methods of research and development stemming from the JOINT RESEARCH and any other information deemed necessary by the Parties and/or participants engaged in the JOINT RESEARCH to be provided or exchanged under this Agreement or research pursuant thereto.

         ANNEX III
         INDICATIVE FEATURES OF A TECHNOLOGY MANAGEMENT PLAN (TMP)
         The TMP is a specific agreement to be concluded between the participants, about the implementation of joint research and the respective rights and obligations of the participants. With respect to IP, the TMP will normally address, inter alia: ownership, protection, user rights for R & D purposes, exploitation and dissemination, including arrangements for joint publication, the rights and obligations of visiting researchers and dispute settlement procedures. The TMP may also address foreground and background information, licensing and deliverables.