title: 2005/472/EC: Commission Decision of 24 June 2005 concerning the financing of studies, impact assessments and evaluations covering the areas of food safety, animal health and welfare and zootechnics

text:
               28.6.2005

               EN

               Official Journal of the European Union

               L 166/12

      COMMISSION DECISION

   of 24 June 2005
   concerning the financing of studies, impact assessments and evaluations covering the areas of food safety, animal health and welfare and zootechnics
   (2005/472/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Article 20 thereof,
   Whereas:

               (1)

               In accordance with Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field, the Community is to undertake or assist the Member States in undertaking the technical and scientific measures necessary for the development of Community veterinary legislation and for the development of veterinary education or training.

               (2)

               Studies, impact assessments as well as systematic and timely evaluations of its expenditure programmes are an established priority for the European Commission (EC), as a means of accounting for the management of allocated funds and as a way of promoting a lesson-learning culture throughout the organisation, particularly in a context of increased focus on results-based management.

               (3)

               In order to carry out these tasks, a call for tender for an evaluation framework contract covering the policy areas of food safety, animal health and welfare and zootechnics has been launched following an open procedure during the last quarter 2004.

               (4)

               This framework contract is expected to provide high quality, timely and relevant information which will serve as a basis for Community decision making.

               (5)

               All individual tasks shall be subject to specific agreements. These agreements shall be signed between the Commission and the selected contractor as defined in the framework contract.

               (6)

               The measure provided for in this Decision is in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The actions described in the Annex to this Decision are approved for the purpose of their financing.

      Done at Brussels, 24 June 2005.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

      ANNEX
      Domain: Food safety, animal health and welfare and zootechnics.
      Legal basis: Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field.
      Assignments:

                  —

                  various types of studies and other services supporting the design and preparation of Commission proposals,

                  —

                     ex ante evaluations/ impact assessments,

                  —

                  interim and ex-post evaluations.

            The evaluation of Community Animal Health Policy (CAHP) 1995 to 2004 and possible policy options for the future (including a risk financing model for livestock epidemics) has been targeted as a priority in 2005.
      Appropriation 2005:

                  —

                  17 04 02 — Other measures in the veterinary, animal welfare and public-health field: EUR 500 000,

                  —

                  17 01 04 04 — Pilot study: risk financing model for livestock epidemics — Expenditure on administrative management: EUR 500 000.

            Budget: maximum of EUR 1 000 000 for the first year of the framework contract.
      Number of specific actions envisaged: approximately six.
      All actions shall be governed by common public procurement rules: in casu use of existing framework contract.


Avis juridique important

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32000D0191

2000/191/EC, Euratom: Council Decision of 28 February 2000 appointing a Netherlands member of the Economic and Social Committee

Official Journal L 060 , 07/03/2000 P. 0022 - 0022

COUNCIL DECISIONof 28 February 2000appointing a Netherlands member of the Economic and Social Committee(2000/191/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 258 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 166 thereof,Having regard to the Council Decision of 15 September 1998 appointing the members of the Economic and Social Committee for the period from 21 September 1998 to 20 September 2002(1),Whereas a member's seat on that Committee has fallen vacant following the resignation of Ms Jeannette van der Hooft, of which the Council was informed on 21 October 1999,Having regard to the nominations submitted by the Netherlands Government,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole ArticleMs M. Bulk is hereby appointed a member of the Economic and Social Committee in place of Ms Jeannette van der Hooft for the remainder of her term of office, which runs until 20 September 2002.Done at Brussels, 28 February 2000.For the CouncilThe PresidentJ. PINA MOURA(1) OJ L 257, 19.9.1998, p. 37.


title: 2011/579/EU: Decision of the European Parliament of 10 May 2011 on the closure of the accounts of the European Environment Agency for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/160

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on the closure of the accounts of the European Environment Agency for the financial year 2009
   (2011/579/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Environment Agency for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Environment Agency for the financial year 2009, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

               —

               having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network (3), and in particular Article 13 thereof,

               —

               having regard to Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (4), and in particular Article 13 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0122/2011),

               1.

               Approves the closure of the accounts of the European Environment Agency for the financial year 2009;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Environment Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 58.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 120, 11.5.1990, p. 1.

      (4)  OJ L 126, 21.5.2009, p. 13.

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


title: Council Decision (EU) 2017/426 of 7 March 2017 appointing a member and an alternate member, proposed by the Kingdom of Denmark, of the Committee of the Regions

text:
               10.3.2017

               EN

               Official Journal of the European Union

               L 64/108

         COUNCIL DECISION (EU) 2017/426
   of 7 March 2017
   appointing a member and an alternate member, proposed by the Kingdom of Denmark, 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 Danish Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 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 5 April 2016, by Council Decision (EU) 2016/552 (4), Mr Thomas KASTRUP-LARSEN was replaced by Mr Erik NIELSEN as a member.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Erik NIELSEN.

               (3)

               An alternate member's seat on the Committee of the Regions has become vacant following the appointment of Ms Kirstine BILLE as a member of the Committee of the Regions,

         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:

                           —

                           Ms Kirstine BILLE, Deputy Mayor of Syddjurs Municipality;

               (b)

               as an alternate member:

                           —

                           Ms Kirsten JENSEN, Deputy Mayor of Hillerød Municipality.

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

      Done at Brussels, 7 March 2017.

            For the Council

            The President

         L. GRECH

      (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) 2016/552 of 5 April 2016 appointing a member, proposed by the Kingdom of Denmark of the Committee of the Regions (OJ L 95, 9.4.2016, p. 12).


69/352/EEC: Council Decision of 6 October 1969 concluding tariff agreements with Switzerland, Finland and Austria concerning certain cheeses listed in position ex 4.04 of the common customs tariff


title: 2009/652/EC: Decision of the European Parliament of 23 April 2009 on the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/136

      DECISION OF THE EUROPEAN PARLIAMENT

   of 23 April 2009
   on the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2007
   (2009/652/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2007, together with the Centre’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for Disease Prevention and Control (4), and in particular Article 23 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0170/2009),

               1.

               Notes that the final annual accounts of the European Centre for Disease Prevention and Control are as annexed to the Court of Auditors’ report;

               2.

               Approves the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2007;

               3.

               Instructs its President to forward this Decision to the Director of the European Centre for Disease Prevention and Control, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 278, 31.10.2008, p. 48.

      (2)  OJ C 311, 5.12.2008, p. 122.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 142, 30.4.2004, p. 1.

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


title: 2010/539/EU: Decision of the European Parliament of 5 May 2010 on the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/191

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2008
   (2010/539/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Agency for Safety and Health at Work for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Agency for Safety and Health at Work for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (3), and in particular Article 14 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A7-0069/2010),

               1.

               Approves the closure of the accounts of the European Agency for Safety and Health at Work for the financial year 2008;

               2.

               Instructs its President to forward this Decision to the Director of the European Agency for Safety and Health at Work, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 49.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 216, 20.8.1994, p. 1.

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


Avis juridique important

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31998D0563

98/563/EC: Commission Decision of 7 October 1998 terminating the anti-dumping proceeding concerning imports of synthetic fibre ropes originating in the Republic of Korea (notified under document number C(1998) 2975)

Official Journal L 271 , 08/10/1998 P. 0039 - 0041

COMMISSION DECISION of 7 October 1998 terminating the anti-dumping proceeding concerning imports of synthetic fibre ropes originating in the Republic of Korea (notified under document number C(1998) 2975) (98/563/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), as last amended by Regulation (EC) No 905/98 (2), and in particular Article 9 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE (1) In July 1997, the Commission announced by a notice published in the Official Journal of the European Communities (3), the initiation of an anti-dumping proceeding concerning imports into the Community of synthetic fibre ropes originating in the Republic of Korea and commenced an investigation.(2) This was the result of a complaint lodged in June 1997 by the Liaison Committee of European Twine, Cordage and Netting Industries (Eurocord) on behalf of the Community industry. The complaint contained sufficient prima facie evidence of dumping and of material injury resulting therefrom to justify the opening of a proceeding.(3) The Commission officially advised the exporting producers and importers known to be concerned as well as their associations, the representatives of the exporting country concerned, the complainant Community producers and known Community users about the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing.(4) The Commission sent questionnaires to the five alleged Korean exporting producers mentioned in the complaint and received replies from the two listed below. In addition, the Commission sent questionnaires to all importers known to be concerned. One importer responded that it was not concerned by the proceeding. No other importers cooperated in the proceeding. A number of exporting producers in the country concerned, as well as complainant Community producers, Community users and importers made their views known in writing. All parties who so requested within the given time limit and indicated that there were particular reasons why they should be heard were granted a hearing.(5) In view of the large number of Community producers supporting the complaint and the time limits established in Article 6(9) of Regulation (EC) No 384/96 (hereinafter referred to as the 'basic Regulation`), the Commission investigated injury on the basis of a selection of such producers in accordance with Article 17 of the basic Regulation. Only the cooperating Community producers included in the selection are mentioned below.(6) The Commission then sought and verified all information deemed necessary for the assessment of the facts and carried out investigation visits at the premises of the following companies:(a) Community producers (selection):- Randers (Randers, Denmark),- Oliveira (Porto, Portugal),- Verto Portugal (Porto, Portugal),- Birh Frères (Urimenil, France),- Quintas & Quintas (Porto, Portugal),- Cotesi (Porto, Portugal),- Sicor (Porto, Portugal),- Geo Gleistein & Sohn (Bremen, Germany);(b) Exporting producers in the country concerned:- Dae Sung Rope Mfg Co. Ltd (Pusan, Republic of Korea),- Manho Rope & Wire Ltd (Pusan, Republic of Korea).(7) The investigation of dumping covered the period from l July 1996 to 31 May 1997 (hereinafter referred to as 'the investigation period`).B. PRODUCT CONCERNED AND LIKE PRODUCT (8) The product under consideration is twine, cordage, ropes and cables, whether or not plaited or braided and whether or not impregnated, coated, covered or sheathed with rubber or plastics of polyethylene or polypropylene, other than binder and baler twine, measuring more than 50 000 decitex (5 g/m), plaited and other, as well as other synthetic fibres of nylon or other polyamides or of polyesters measuring more than 50 000 decitex (5 g/m), plaited and other (hereinafter 'synthetic fibre ropes`). The product as described above falls within CN codes 5607 49 11, 5607 49 19, 5607 50 11 and 5607 50 19.Synthetic fibre ropes are used for a wide variety of naval and industrial applications, in particular for shipping (especially for mooring purposes), and the fishing industry.(9) The investigation showed that the different types of synthetic fibre ropes manufactured and sold in the Republic of Korea had the same basic physical characteristics, applications and uses as those exported from the Republic of Korea to the Community. The same is true with regard to the ropes manufactured and sold in the Community and those exported from the Republic of Korea to the Community. It is therefore concluded that they must be considered like products within the meaning of Article 1(4) of the basic Regulation.C. DUMPING (10) For the purposes of the dumping calculations, the product concerned was divided into 'types` on the basis of which data were collected. This classification into types depended, inter alia, on the raw material composition, the number of strands making up the ropes and the type of yarn used.1. Normal value (11) In order to establish normal value, it was first examined whether the total domestic sales of the cooperating exporting producers were representative in accordance with Article 2(2) of the basic Regulation, i.e. whether the total volume of such sales constituted 5 % or more of the total volume of export sales to the Community. This assessment revealed that each of the two cooperating exporting producers in the Republic of Korea had representative domestic sales of synthetic fibre ropes.(12) The Commission then examined whether total domestic sales of each type were representative, i.e. whether the volume of such sales constituted 5 % or more of the sales volume of the corresponding type exported to the Community.(13) For those types meeting this test, the Commission subsequently examined whether the domestic sales of each type could be considered as being made in the ordinary course of trade, by determining the proportion of profitable sales of the type in question.In cases where the volume of sales below unit cost represented less than 20 % of the total sales volume, the normal value for the type concerned was established on the basis of the weighted average price of all domestic sales.In cases where the volume of sales below unit cost represented 20 % or more but less than 90 % of the total sales volume, the normal value for the type concerned was established on the basis of the weighted average price of profitable domestic sales only.For one type, one of the cooperating exporting producers had made insufficient domestic sales. Consequently, normal value was based on the weighted average of the ex-works price charged by the other cooperating exporting producer for representative domestic sales of the corresponding type made in the ordinary course of trade.2. Export price (14) As the two cooperating exporting producers made export sales to the Community directly to independent importers, export prices were, in accordance with Article 2(8) of the basic Regulation, established on the basis of the prices actually paid or payable by these independent customers.3. Comparison (15) For the purpose of ensuring a fair comparison between the normal value and the export price, due allowance in the form of adjustments was made for differences which were claimed and demonstrated to affect price comparability in accordance with Article 2(10) of the basic Regulation. These adjustments were made in respect of transport, insurance, handling and ancillary costs, import charges, credit costs and rebates.(16) The two cooperating exporting producers claimed that an allowance should be granted for the import charges borne by the raw material imported. This adjustment was granted where the duties shown to be paid on raw materials imported and physically incorporated in the product sold domestically were shown to be refunded when exporting the products.(17) The two cooperating companies claimed an allowance for the credit cost of sales on the domestic market. The allowance claimed was made on the basis of a so-called 'open account`, i.e. a revolving payment system, without any evidence of an agreement on payment terms between the seller and the buyer at the date of the sale. This claim was rejected on the grounds that, in accordance with Article 2(10)(g) of the basic Regulation, an adjustment can only be given for the number of days shown to be agreed at the date of the sale, as only the expenses relating to that number of days can be considered to have influenced the price. Such an agreement does not exist where payments were made on an open account basis and the claim consequently could not be accepted.4. Dumping margins (18) In accordance with Article 2(11) of the basic Regulation, the dumping margins were established on the basis of a comparison between the weighted average normal value by type and the weighted average export price of the corresponding type at an ex-factory level.(19) This comparison showed weighted average dumping margins of 1,4 and 0,5 % for Dae Sung Rope Mfg Co. Ltd and for Manho Rope & Wire Ltd respectively, i.e. de minimis margins.(20) A comparison of Eurostat data with the volume of exports to the Community reported by the cooperating exporting producers showed that these producers accounted for a significant share of all exports from the Republic of Korea to the Community. The investigation also showed that the remaining exports were made by exporting producers which did not cooperate in the investigation although they were known to be concerned and advised by the Commission of the initiation of the proceeding. The dumping margin for these exporters was determined on the basis of the facts available, in accordance with Article 18 of the basic Regulation. In order to avoid encouraging non-cooperation of exporting producers and circumvention of anti-dumping measures, it was found that the dumping margin for these exports should be determined on the basis of the highest dumping margin of a representative type exported by one of the co-operating exporting producers. On this basis, the residual dumping margin is 5,4 %.D. CONCLUSION AND TERMINATION OF THE PROCEEDING (21) In view of the low level of imports made at dumped prices (see the preceding recital) it was examined whether or not the imports of the product concerned both originating from cooperating and non-cooperating producers, taken together on a weighted average basis, were made at dumped prices. It was found that overall dumping only occurred at a de minimis level. Thus, as any negative situation of the Community industry could not be attributed to dumping by imports of the product in question from the Republic of Korea, it was concluded that any further examination of injury or Community interest was not necessary.(22) The interested parties were informed of the Commission's intention to terminate the proceeding and were given the opportunity to comment. The comments have been taken into account and the findings altered where appropriate.(23) Given the above, it was concluded that the proceeding concerning imports of synthetic fibre ropes originating in the Republic of Korea should be terminated without the imposition of measures,HAS DECIDED AS FOLLOWS:Sole Article The anti-dumping proceeding concerning imports of synthetic fibre ropes falling within CN codes 5607 49 11, 5607 49 19, 5607 50 11 and 5607 50 19 originating in the Republic of Korea is hereby terminated.Done at Brussels, 7 October 1998.For the CommissionLeon BRITTANVice-President(1) OJ L 56, 6. 3. 1996, p. 1.(2) OJ L 128, 30. 4. 1998, p. 18.(3) OJ C 232, 31. 7. 1997, p. 6.


title: 2012/524/EU: Council Decision of 24 September 2012 appointing a Czech member and a Czech alternate member of the Committee of the Regions

text:
               28.9.2012

               EN

               Official Journal of the European Union

               L 263/41

         COUNCIL DECISION
   of 24 September 2012
   appointing a Czech member and a Czech alternate member of the Committee of the Regions
   (2012/524/EU)
   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 Czech Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               One member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Pavel BÉM. One alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Milada EMMEROVÁ,

         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 2015:

               (a)

               as member:

                           —

                           Mr Bohuslav SVOBODA, primátor hlavní město Praha;

                     and

               (b)

               as alternate member:

                           —

                           Mr Milan CHOVANEC, hejtman Plzeňský kraj.

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

      Done at Brussels, 24 September 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


title: Council Decision (EU) 2015/1994 of 26 October 2015 on the signing, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments

text:
               6.11.2015

               EN

               Official Journal of the European Union

               L 290/16

         COUNCIL DECISION (EU) 2015/1994
   of 26 October 2015
   on the signing, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 115 in conjunction with Article 218(5) and the second subparagraph of Article 218(8) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 14 May 2013 the Council authorised the Commission to open negotiations with the Principality of Liechtenstein to amend the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (1) (the ‘Agreement’), in order to align it with recent developments at global level whereby it was agreed to promote the automatic exchange of information as an international standard.

               (2)

               The text of the Amending Protocol to the Agreement (the ‘Amending Protocol’), which is the result of the negotiations, duly reflects the negotiating directives issued by the Council as it aligns the Agreement with the latest developments at international level concerning the automatic exchange of information, namely, with the Global Standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The Union, the Member States and the Principality of Liechtenstein have actively participated in the work of the Global Forum of the OECD for supporting the development and implementation of that Standard. The text of the Agreement, as amended by the Amending Protocol, is the legal basis for implementing the Global Standard in the relations between the Union and the Principality of Liechtenstein.

               (3)

               The Amending Protocol should be signed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Amending Protocol to the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments is hereby authorised, subject to the conclusion of the said Amending Protocol. (2)

   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Amending Protocol on behalf of the Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 26 October 2015.

            For the Council

            The President

         C. DIESCHBOURG

      (1)  OJ L 379, 24.12.2004, p. 84.

      (2)  The text of the amending Protocol will be published together with the decision on its conclusion.


title: Council Decision 2005/134/CFSP of 20 December 2004 concerning the conclusion of the Agreement between the European Union and the Republic of Bulgaria establishing a framework for the participation of the Republic of Bulgaria in the European Union crisis management operations

text:
               17.2.2005

               EN

               Official Journal of the European Union

               L 46/49

         COUNCIL DECISION 2005/134/CFSP
   of 20 December 2004
   concerning the conclusion of the Agreement between the European Union and the Republic of Bulgaria establishing a framework for the participation of the Republic of Bulgaria in the European Union crisis management operations
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               Conditions regarding the participation of third states in the EU crisis management operations should be laid down in an Agreement establishing a framework for such possible future participation, rather than defining these conditions on a case-by-case basis for each operation concerned.

               (2)

               Following authorisation by the Council on 23 February 2004, the Presidency, assisted by the Secretary-General/High Representative, negotiated an Agreement between the European Union and the Republic of Bulgaria establishing a framework for the participation of the Republic of Bulgaria in the European Union crisis management operations.

               (3)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Republic of Bulgaria establishing a framework for the participation of the Republic of Bulgaria in the European Union crisis management operations is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 20 December 2004.

            For the Council

            The President

         P. VAN GEEL

   AGREEMENT
   between the European Union and the Republic of Bulgaria establishing a framework for the participation of the Republic of Bulgaria in the EU crisis management operations
   THE EUROPEAN UNION,
   of the one part, and
   THE REPUBLIC OF BULGARIA,
   of the other part,
   hereinafter referred to as the ‘Parties’,
   Whereas:

               (1)

               The European Union may decide to take action in the field of crisis management.

               (2)

               The European Union will decide whether third states will be invited to participate in an EU crisis management operation. The Republic of Bulgaria may accept the invitation by the European Union and offer its contribution. In such case, the European Union will decide on the acceptance of the proposed contribution of the Republic of Bulgaria.

               (3)

               If the European Union decides to undertake a military crisis management operation with recourse to NATO assets and capabilities, the Republic of Bulgaria may express its intention in principle of taking part in the operation.

               (4)

               The European Council at Brussels on 24 and 25 October 2002 has agreed modalities for implementation of the provisions agreed by the Nice European Council on 7 to 9 December 2000 on the involvement of the non-EU European NATO members in EU-led crisis management.

               (5)

               Conditions regarding the participation of the Republic of Bulgaria in EU crisis management operations should be laid down in an Agreement establishing a framework for such possible future participation, rather than defining these conditions on a case-by-case basis for each operation concerned.

               (6)

               Such an Agreement should be without prejudice to the decision-making autonomy of the European Union, and should not prejudge the case-by-case nature of the decisions of the Republic of Bulgaria to participate in an EU crisis management operation.

               (7)

               Such an Agreement should only address future EU crisis management operations and should be without prejudice to possible existing agreements regulating the participation of the Republic of Bulgaria in an already deployed EU crisis management operation,

         HAVE AGREED AS FOLLOWS:
   SECTION I
   GENERAL PROVISIONS
   Article 1
   Decisions relating to the participation
   1.   Following the decision of the European Union to invite the Republic of Bulgaria to participate in an EU crisis management operation, and once the Republic of Bulgaria has decided to participate, the Republic of Bulgaria shall provide information on its proposed contribution to the European Union.
   2.   Where the European Union has decided to undertake a military crisis management operation with recourse to NATO assets and capabilities, the Republic of Bulgaria will inform the European Union of any intention to participate in the operation, and subsequently provide information on any proposed contribution.
   3.   The assessment by the European Union of the Republic of Bulgaria's contribution shall be conducted in consultation with the Republic of Bulgaria.
   4.   The European Union will provide the Republic of Bulgaria with an early indication of the likely contribution to the common costs of the operation as soon as possible with a view to assisting the Republic of Bulgaria in the formulation of its offer.
   5.   The European Union shall communicate the outcome of the assessment to the Republic of Bulgaria by letter with a view to securing the participation of the Republic of Bulgaria in accordance with the provisions of this Agreement.
   Article 2
   Framework
   1.   The Republic of Bulgaria shall associate itself with the Joint Action by which the Council of the European Union decides that the EU will conduct the crisis management operation, and with any Joint Action or Decision by which the Council of the European Union decides to extend the EU crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The contribution of the Republic of Bulgaria to an EU crisis management operation is without prejudice to the decision-making autonomy of the European Union.
   Article 3
   Status of personnel and forces
   1.   The status of personnel seconded to an EU civilian crisis management operation and/or of the forces contributed to an EU military crisis management operation by the Republic of Bulgaria shall be governed by the agreement on the status of forces/mission, if available, concluded between the European Union and the State(s) in which the operation is conducted.
   2.   The status of personnel contributed to headquarters or command elements located outside the State(s) in which the EU crisis management operation takes place shall be governed by arrangements between the headquarters and command elements concerned and the Republic of Bulgaria.
   3.   Without prejudice to the agreement on the status of forces/mission referred to in paragraph 1, the Republic of Bulgaria shall exercise jurisdiction over its personnel participating in the EU crisis management operation.
   4.   The Republic of Bulgaria shall be responsible for answering any claims linked to participation in an EU crisis management operation from or concerning any of its personnel. The Republic of Bulgaria shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel.
   5.   The Republic of Bulgaria undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis management operation in which the Republic of Bulgaria participates, and to do so when signing this Agreement. A model for such a declaration is annexed to this Agreement.
   6.   The European Union undertakes to ensure that Member States make a declaration as regards the waiver of claims, for any future participation of the Republic of Bulgaria in an EU crisis management operation, and to do so when signing this Agreement. A model for such a declaration is annexed to this Agreement.
   Article 4
   Classified information
   1.   The Republic of Bulgaria shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council's security regulations, and in accordance with further guidance issued by competent authorities, including the EU Operation Commander concerning an EU military crisis management operation or by the EU Head of Mission concerning an EU civilian crisis management operation.
   2.   Where the EU and the Republic of Bulgaria have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of an EU crisis management operation.
   SECTION II
   PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS MANAGEMENT OPERATIONS
   Article 5
   Personnel seconded to an EU civilian crisis management operation
   1.   The Republic of Bulgaria shall ensure that its personnel seconded to an EU civilian crisis management operation undertake their mission in conformity with:

               —

               the Joint Action and subsequent amendments as referred to in Article 2(1) of this Agreement;

               —

               the Operation Plan;

               —

               implementing measures.

         2.   The Republic of Bulgaria shall inform in due time the EU civilian crisis management operation Head of Mission and the General-Secretariat of the Council of the European Union of any change to its contribution to the EU civilian crisis management operation.
   3.   Personnel seconded to the EU civilian crisis management operation shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from the Republic of Bulgaria. Personnel seconded to the EU civilian crisis management operation shall produce a copy of this certification.
   Article 6
   Chain of command
   1.   Personnel seconded by the Republic of Bulgaria shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis management operation in mind.
   2.   All personnel shall remain under the full command of their national authorities.
   3.   National authorities shall transfer operational control to the EU civilian crisis management operation Head of Mission, who shall exercise that command through a hierarchical structure of command and control.
   4.   The Head of Mission shall lead the EU civilian crisis management operation and assume its day-to-day management.
   5.   The Republic of Bulgaria shall have the same rights and obligations in terms of day-to-day management of the operation as EU Member States taking part in the operation, in accordance with the legal instruments referred to in Article 2(1) of this Agreement.
   6.   The EU civilian crisis management operation Head of Mission shall be responsible for disciplinary control over EU civilian crisis management operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.
   7.   A National Contingent Point of Contact (NPC) shall be appointed by the Republic of Bulgaria to represent its national contingent in the operation. The NPC shall report to the EU civilian crisis management operation Head of Mission on national matters and shall be responsible for day-to-day contingent discipline.
   8.   The decision to end the operation shall be taken by the European Union, following consultation with the Republic of Bulgaria, provided that the Republic of Bulgaria is still contributing to the EU civilian crisis management operation at the date of termination of the operation.
   Article 7
   Financial aspects
   1.   The Republic of Bulgaria shall assume all the costs associated with its participation in the operation apart from the costs, which are subject to common funding, as set out in the operational budget of the operation. This shall be without prejudice to Article 8.
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Republic of Bulgaria shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on the status of mission, if available, as referred to in Article 3(1) of this Agreement.
   Article 8
   Contribution to operational budget
   1.   The Republic of Bulgaria shall contribute to the financing of the operational budget of the EU civilian crisis management operation.
   2.   The financial contribution of the Republic of Bulgaria to the operational budget shall be the lower amount of the following two alternatives:

               (a)

               that share of the reference amount which is in proportion to the ratio of its gross national income (GNI) to the total of the GNIs of all States contributing to the operational budget of the operation; or

               (b)

               that share of the reference amount for the operational budget which is in proportion to the ratio of the number of its personnel participating in the operation to the total number of personnel of all States participating in the operation.

         3.   Notwithstanding paragraphs 1 and 2, the Republic of Bulgaria shall not make any contribution towards the financing of per diem allowances paid to personnel of the European Union Member States.
   4.   Notwithstanding paragraph 1, the European Union shall, in principle, exempt third States from financial contributions to a particular EU civilian crisis management operation when:

               (a)

               the European Union decides that the third State participating in the operation provides a significant contribution which is essential for this operation; or

               (b)

               the third State participating in the operation has a GNI per capita which does not exceed that of any Member State of the European Union.

         5.   An arrangement on the practical modalities of the payment shall be signed between the EU civilian crisis management operation Head of Mission and the relevant administrative services of the Republic of Bulgaria on the contributions of the Republic of Bulgaria to the operational budget of the EU civilian crisis management operation. This arrangement shall, inter alia, include the following provisions:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution;

               (c)

               the auditing procedure.

         SECTION III
   PROVISIONS ON PARTICIPATION IN MILITARY CRISIS MANAGEMENT OPERATIONS
   Article 9
   Participation in the EU military crisis management operation
   1.   The Republic of Bulgaria shall ensure that its forces and personnel participating in the EU military crisis management operation undertake their mission in conformity with:

               —

               the Joint Action and subsequent amendments as referred to in Article 2(1) of this Agreement;

               —

               the Operation Plan;

               —

               implementing measures.

         2.   Personnel seconded by the Republic of Bulgaria shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.
   3.   The Republic of Bulgaria shall inform the EU Operation Commander in due time of any change to its participation in the operation.
   Article 10
   Chain of command
   1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.
   2.   National authorities shall transfer the Operational and Tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his authority.
   3.   The Republic of Bulgaria shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.
   4.   The EU Operation Commander may, following consultations with the Republic of Bulgaria, at any time request the withdrawal of the Republic of Bulgaria's contribution.
   5.   A Senior Military Representative (SMR) shall be appointed by the Republic of Bulgaria to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.
   Article 11
   Financial aspects
   1.   Without prejudice to Article 12, the Republic of Bulgaria shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 2(1) of this Agreement, as well as in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications (1).
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Republic of Bulgaria shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on the status of forces, if available, as referred to in Article 3(1) of this Agreement.
   Article 12
   Contribution to the common costs
   1.   The Republic of Bulgaria shall contribute to the financing of the common costs of the EU military crisis management operation.
   2.   The financial contribution of the Republic of Bulgaria to the common costs shall be the lower amount of the following two alternatives:

               (a)

               that share of the reference amount for the common costs which is in proportion to the ratio of its GNI to the total of the GNIs of all States contributing to the common costs of the operation; or

               (b)

               that share of the reference amount for the common costs which is in proportion to the ratio of the number of its personnel participating in the operation to the total number of personnel of all States participating in the operation.

         In calculating 2(b), where the Republic of Bulgaria contributes personnel only to the Operation or Force Headquarters, the ratio used shall be that of its personnel to that of the total number of the respective headquarters personnel. Otherwise, the ratio shall be that of all personnel contributed by the Republic of Bulgaria to that of the total personnel of the operation.
   3.   Notwithstanding paragraph 1, the European Union shall, in principle, exempt third States from financial contributions to the common costs of a particular EU military crisis management operation when:

               (a)

               the European Union decides that the third State participating in the operation provides a significant contribution to assets and/or capabilities which are essential for this operation; or

               (b)

               the third State participating in the operation has a GNI per capita which does not exceed that of any Member State of the European Union.

         4.   An arrangement shall be concluded between the Administrator provided for in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications, and the competent administrative authorities of the Republic of Bulgaria. This arrangement shall include inter alia provisions on:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution;

               (c)

               the auditing procedure.

         SECTION IV
   FINAL PROVISIONS
   Article 13
   Arrangements to implement the Agreement
   Without prejudice to the provisions of Articles 8(5) and 12(4), any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union, High Representative for the Common Foreign and Security Policy, and the appropriate authorities of the Republic of Bulgaria.
   Article 14
   Non compliance
   Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.
   Article 15
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 16
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be provisionally applied from the date of signature.
   3.   This Agreement may be amended on the basis of mutual written agreement between the Parties.
   4.   This Agreement may be denounced by one Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party.

      Done at Brussels and Sofia, on 24 January 2005, in the English language in four copies.

            For the European Union

            For the Republic of Bulgaria

      (1)  OJ L 63, 28.2.2004, p. 68.
   ANNEX
   TEXT FOR DECLARATIONS
   Declaration by the European Union Member States:
   The European Union Member States applying an EU Joint Action on an EU crisis management operation in which the Republic of Bulgaria participates will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against the Republic of Bulgaria for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel from the Republic of Bulgaria in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by the Republic of Bulgaria, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from the Republic of Bulgaria using those assets.

         Declaration by the Republic of Bulgaria:
   The Republic of Bulgaria applying an EU Joint Action on an EU crisis management operation will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets.


title: Commission Decision of 27 February 2008 fixing the definitive amount of the periodic penalty payment imposed on Microsoft Corporation by Decision C(2005) 4420 final (Case COMP/C-3/37.792 — Microsoft) (notified under document number C(2008) 764 final)

text:
               18.7.2009

               EN

               Official Journal of the European Union

               C 166/20

      COMMISSION DECISION

   of 27 February 2008
   fixing the definitive amount of the periodic penalty payment imposed on Microsoft Corporation by Decision C(2005) 4420 final
   (Case COMP/C-3/37.792 — Microsoft)
   (notified under document number C(2008) 764 final)
   (Only the English text is authentic)
   2009/C 166/08

      On 27 February 2008, the Commission adopted a decision fixing the definitive amount of the periodic penalty payment imposed on Microsoft Corporation by Decision C(2005) 4420 final (‘the February 2008 Decision’). In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003
       (1), the Commission herewith publishes the names of the parties and the main content of the decision, including the penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business interests. A non-confidential version of the full text of the decision can be found in the authentic language of the case and in the Commission’s working languages at COMP DG’s website at

      http://europa.eu.int/comm/competition/index_en.html

   1.   SUMMARY OF THE CASE

   1.1.   Background of the case

               1.

               On 24 March 2004, the Commission adopted a decision 2007/53/EC in a proceeding pursuant to Article 82 of the EC Treaty (Case COMP/C-3/37.792) addressed to Microsoft Corporation (‘Microsoft’) (2). In this decision (‘the Decision’), the Commission found, inter alia, that Microsoft had infringed Article 82 of the EC Treaty (‘Article 82 EC’) and Article 54 of the Agreement on the European Economic Area (‘Article 54 EEA’) by refusing, from October 1998 until the date of the Decision, to disclose certain specified ‘Interoperability Information’ (3) to vendors of work group server operating system products, so that they could develop and distribute interoperable products.

               2.

               Article 5(a) and (c) of the operative part of the Decision reads as follows:

                           ‘(a)

                           Microsoft Corporation shall, within 120 days of the date of notification of this Decision, make the Interoperability Information available to any undertaking having an interest in developing and distributing work group server operating system products and shall, on reasonable and non-discriminatory terms, allow the use of the Interoperability Information by such undertakings for the purpose of developing and distributing work group server operating system products […]

                           (c)

                           Microsoft Corporation shall, within 120 days of the date of notification of this Decision, set up an evaluation mechanism that will give interested undertakings a workable possibility of informing themselves about the scope and terms of use of the Interoperability Information; as regards this evaluation mechanism, Microsoft Corporation may impose reasonable and non-discriminatory conditions to ensure that access to the Interoperability Information is granted for evaluation purposes only.’

         1.2.   Non-compliance with the Decision

               3.

               In view of Microsoft’s continuous non-compliance with the Decision after more than one year after the adoption of the Decision, on 10 November 2005, the Commission adopted a decision imposing a periodic penalty payment pursuant to Article 24(1) of Regulation (EC) No 1/2003 on Microsoft (‘the Article 24(1) Decision’). Article 1 of the Article 24(1) Decision reads as follows:
               ‘Microsoft Corporation shall ensure that, by 15 December 2005, it fully complies with the obligations set out in Article 5(a) and (c) of Commission Decision (C(2004) 900) of 24 March 2004.
               In the absence of such compliance, a periodic penalty payment of EUR 2 million per day, calculated from that date, shall be imposed on Microsoft Corporation.’

               4.

               The Article 24(1) Decision preliminarily identified two aspects of Microsoft's non-compliance with its obligations under Article 5(a) and (c) of the 2004 Decision. First, Microsoft had failed to provide complete and accurate technical documentation embodying the interoperability information. Second, the remuneration levels charged by Microsoft at that time for access to or use of the interoperability information were considered unreasonable.

               5.

               Following the adoption of the Article 24(1) Decision Microsoft provided a revised technical description of the protocols relevant to communication between Windows PCs and work group servers (the ‘Technical Documentation’) (4). The review undertaken of the different versions of Technical Documentation supplied by Microsoft led to the conclusion that the documentation still did not provide complete and accurate interoperability information to interested undertakings as required by the 2004 Decision.

               6.

               On 12 July 2006, the Commission adopted a decision pursuant to Article 24(2) of Regulation (EC) No 1/2003 fixing at EUR 280,5 million the definitive amount of the periodic penalty payment imposed by the Article 24(1) Decision for the period between 16 December 2005 and 20 June 2006 with respect to the first aspect of non-compliance identified in the Article 24(1) Decision, namely Microsoft's failure to provide complete and accurate technical documentation embodying the interoperability information.

               7.

               The decision of 12 July 2006 also amended Article 1 of the Article 24(1) Decision insofar as it increased the periodic penalty payment imposed on Microsoft for non-compliance with its obligations under Article 5(a) and (c) of the 2004 Decision to EUR 3 million per day as from 1 August 2006.

               8.

               While work on the Technical Documentation continued, the Commission addressed the second aspect of non-compliance identified in the Article 24(1) Decision, namely Microsoft's failure to make interoperability information available on reasonable terms.

               9.

               After a Statement of Objections was addressed to Microsoft on 1 March 2007, Microsoft, on 21 May 2007, submitted revised Work Group Server Protocol Program (‘WSPP’) Agreements governing access to and use of the interoperability information. These agreements included a royalty table with lower rates compared to what had previously been offered. Microsoft stated that it would apply these lower rates with a ‘retroactive’ date of application from the date of the adoption of the 2004 Decision. Microsoft had at various earlier occasions submitted revised versions of its WSPP remuneration schemes, the first version of which dated back to 29 October 2004, and had lowered the applicable remuneration rates on several occasions.

         1.3.   Procedural steps

               10.

               On 1 March 2007, a Statement of Objections was addressed to Microsoft (‘the Statement of Objections’) outlining the preliminary conclusion that Microsoft had not yet complied with its obligation to make Interoperability Information available on reasonable and non-discriminatory terms.

               11.

               On 23 April 2007 Microsoft submitted its response to the Statement of Objections and declined the possibility to have an oral hearing.

               12.

               On 21 May 2007, Microsoft submitted revised Work Group Server Protocol Program (‘WSPP’) Agreements governing access to and use of the Interoperability Information. These agreements included a Revised Royalty Table (‘the 21 May 2007 remuneration scheme’). Microsoft stated that it ‘will now officially roll out the lower rates’ with a retroactive date of application from the date of the adoption of the Decision. Microsoft had at various earlier occasions submitted revised versions of its WSPP remuneration schemes, the first version of which dates back to 29 October 2004, and after discussions lowered the applicable remuneration rates on various occasions. All of these remuneration schemes had to be considered unreasonable under the pricing criteria underlying the Decision as reflected by WSPP Pricing Principles agreed with Microsoft. These principles rely on three criteria to reflect the value of Microsoft's Interoperability Information for its users to the exclusion of the ‘strategic value’ stemming from Microsoft's market power in the client PC operating system market or in the work group server operating system market (i.e., Microsoft's own creation, innovation and comparison with similar technologies).

               13.

               On 24 July 2007, the a Letter of Facts was sent to Microsoft assessing revisions to Microsoft's remuneration scheme introduced after the adoption of the Statement of Objections and invited the undertaking to submit comments, which it did on 31 August 2007.

               14.

               On 22 October 2007 Microsoft introduced a new remuneration scheme for the WSPP Agreements. This new scheme foresees a No Patent Agreement under which access to and use of the interoperability information is permitted for a one-time payment of EUR 10 000. A Patent Agreement providing for a patent licence to those parts of the interoperability information that Microsoft claims to be covered by patents is available either worldwide for royalties of 0,4 % of the licensee's net revenues or for a split price foreseeing royalties of 0,25 % in the EEA and 3,87 % elsewhere in the world. When adopting the decision of 27 February 2008, the Commission considered that the 22 October 2007 remuneration scheme no longer gives rise to objections as to the reasonableness and non-discriminatory nature of the remuneration rates.

         1.4.   The company and product concerned

               15.

               Microsoft is a software company based in Redmond, state of Washington, USA. Microsoft’s turnover for the fiscal year July 2006 to June 2007 was USD 51 120 million. Microsoft employs 78 500 people around the world. Microsoft is present in all countries within the EEA.

               16.

               The products concerned by the present procedure are the ‘Windows Work Group Server Operating Systems’ as defined in Article 1(9) of the Decision.

         1.5.   The nature of the non-compliance

               17.

               As set out in recital 1003 of the Decision, the objective of the Decision ‘is to ensure that Microsoft’s competitors can develop products that interoperate with the Windows domain architecture natively supported in the dominant Windows client PC operating system and hence viably compete with Microsoft’s work group server operating system’.

               18.

               As set out in recital 1008 of the Decision, the ‘requirement for the terms imposed by Microsoft to be reasonable and non-discriminatory applies in particular […] (ii) to any remuneration that Microsoft might charge for supply; such a remuneration should not reflect the “strategic value” stemming from Microsoft’s market power in the client PC operating system market or in the work group server operating system market’.

               19.

               The February 2008 Decision assesses Microsoft’s compliance with Article 5(a) of the Decision on the basis of an evaluation of the revised WSPP Agreements as sent by Microsoft on 21 May 2007 together with the WSPP remuneration scheme applied therein. As this remuneration scheme provides for lower remuneration rates than previous versions of the WSPP Agreements, the assessment applies, a fortiori, also to the remuneration schemes of these previous versions. Under the scheme a rate of 0,5 % of the recipient’s net revenues is charged for all the WSPP protocols under the WSPP No Patent Agreement and a rate of 0,7 % of the recipient’s net revenues is charged for all the patent licences covering the WSPP protocols under the WSPP Patent Only Agreement.

               20.

               The February 2008 Decision focuses on Microsoft's obligation pursuant to Article 5(a) of the 2004 Decision to make non-patented Interoperability Information available for a reasonable remuneration.

               21.

               In the February 2008 Decision the Commission outlines that the WSPP Pricing Principles properly reflect the rationale of the 2004 Decision as expressed in its Recitals 1003 and 1008(ii). The decision of 27 February 2008 concludes that in the absence of convincing evidence as to the innovative character of almost all of Microsoft's non-patented protocol technologies disclosed with the technical documentation of the Interoperability Information and in view of the market valuation of comparable technologies (cf. the summary of the WSPP pricing principles in paragraph 12 above), Microsoft's remuneration schemes prior to 22 October 2007 must be considered unreasonable under Article 5(a) of the Decision. This assessment is backed by reports of the Monitoring Trustee as well as by external technical experts, TAEUS.

         2.   DEFINITIVE AMOUNT OF THE PERIODIC PENALTY PAYMENT

   2.1.   Relevant period of non-compliance

               22.

               This February 2008 Decision concerns the period from 21 June 2006 to 21 October 2007 (‘the relevant period’).

         2.2.   Definitive amount of the periodic penalty payment for the relevant period

               23.

               The decision of 27 February 2008 fixes the definitive amount of the periodic penalty payment imposed on Microsoft at EUR 899 million for the relevant period.

               24.

               According to Article 24(2) of Regulation (EC) No 1/2003, where the undertaking concerned has satisfied the obligation which the periodic penalty payment was intended to enforce, the Commission may fix the definitive amount of the periodic penalty payment at a figure lower than that which would arise under the original decision.

               25.

               When calculating the definitive amount of the periodic penalty payment, inter alia, the following considerations were taken into account:

                           —

                           the persistent non-compliance regarding reasonable and non-discriminatory remuneration for a period of more than fifteen months,

                           —

                           the further increase of the risk of elimination of effective competition in the work group server operating system market identified in the 2004 Decision,

                           —

                           Microsoft's ability of reaping the benefits of non-compliance,

                           —

                           the necessity of setting periodic penalty payments which are proportionate and sufficient to deter non-compliance,

                           —

                           the fact that substantially lower rates applied as from 21 May 2007,

                           —

                           the fact that the February 2008 Decision is limited to non-patented Interoperability Information.

         2.3.   Conclusion

               26.

               For the period between 21 June 2006 and 21 October 2007, the definitive amount of the periodic penalty payment imposed on Microsoft Corporation by Commission Decision C(2005) 4420 final of 10 November 2005 for failure to comply with its obligation to make Interoperability Information available to interested undertakings on reasonable and non-discriminatory terms pursuant to Article 5(a) of Commission Decision is fixed at EUR 899 million in the February 2008 Decision.

      (1)  OJ L 1, 4.1.2003, p. 1.

      (2)  OJ L 32, 6.2.2007, p. 23.

      (3)  The term ‘Interoperability Information’ is defined in Article 1(1) of the Decision. It means ‘the complete and accurate specifications for all the Protocols implemented in Windows Work Group Server Operating Systems and that are used by Windows Work Group Servers to deliver file and print services and group and user administration services, including the Windows Domain Controller services, Active Directory services and Group Policy services, to Windows Work Group Networks’.

      (4)  Article 1(2) of the 2004 Decision defines a ‘Protocol’ as ‘a set of rules of interconnection and interaction between various instances of Windows Work Group Server Operating Systems and Windows Client PC Operating Systems running on different computers in a Windows Work Group Network’.