Important legal notice

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32004D0792

Decision No 792/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level in the field of culture

Official Journal L 138 , 30/04/2004 P. 0040 - 0049

		Decision No 792/2004/EC of the European Parliament and of the Councilof 21 April 2004establishing a Community action programme to promote bodies active at European level in the field of cultureTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 151(5) thereof,Having regard to the proposal from the Commission,Having consulted the Committee of the Regions,Acting in accordance with the procedure laid down in Article 251 of the Treaty [1],Whereas:(1) The Treaty confers responsibility on the Community for creating an ever-closer union among the peoples of Europe and for contributing to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore.(2) The Laeken Declaration annexed to the conclusions of the European Council of 14 and 15 December 2001 asserts that one of the basic challenges to be resolved by the European Union is to bring citizens closer to the European design and the European institutions.(3) The Council and the Ministers of Culture meeting within the Council, in the Resolution of 14 November 1991 on European cultural networks [2], stressed the important role of networks of cultural organisations in cultural cooperation in Europe, and agreed to encourage the cultural organisations in their countries to participate actively in non-governmental cooperation on a European scale.(4) The Council Resolution of 19 December 2002 [3] expressed how the European added value of cultural actions can be identified and evaluated.(5) Heading A-3042 of the general budget of the European Union for the financial year 2003 and previous financial years provides support for organisations of European cultural interest.(6) Further to the resolutions of the European Parliament on regional languages and cultures, the European Union has engaged in action to promote and safeguard the linguistic diversity in the Union, in order to preserve languages as an element in Europe's living cultural heritage.(7) At the request of the European Parliament, the Commission has provided support since 1982 for a non-profit-making body, the European Bureau for Lesser-Used Languages (EBLUL), which is organised as a network of national committees working in the Member States, and since 1987 for the Mercator information and documentation network. These pursue an aim of general European interest: EBLUL represents all regional or minority language communities in the European Union and disseminates European information in these communities; the Mercator information and documentation network collects and disseminates at European level information on three aspects which are essential to the promotion of regional and minority languages: education, legislation and the media.(8) Heading A-3015 of the general budget of the European Union for the financial year 2003 and previous financial years provides support for these two bodies.(9) On 11 February 1993, the European Parliament adopted a resolution on European and international preservation of the sites of Nazi concentration camps as historical memorials [4].(10) Heading A-3035 of the general budget of the European Union for the financial year 2003 and previous financial years provides support for the preservation of the sites of Nazi concentration camps as historical memorials.(11) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities [5], hereinafter "the Financial Regulation", requires a basic act to be provided to cover these existing support actions. The Commission undertook to take into account the remarks entered in the budget in the context of implementation.(12) The European Parliament, the Council and the Commission, when adopting the Financial Regulation, undertook to achieve the objective of ensuring that this basic act comes into force as from the financial year 2004.(13) It is necessary to ensure appropriate funding stability and continuity, within the framework of the Financial Regulation, for institutions to which the European Community has granted financial support over previous years.(14) Transitional arrangements are deemed necessary for the years 2004 and 2005 to allow grants to be awarded under part 2 of this Community programme. It is deemed appropriate to make use of the exception mentioned in Article 168(1)(d) of Commission Regulation (EC, Euratom) No 2342/2002 [6] which allow grants to be awarded without a call for proposals to bodies identified by a basic act as recipients of a grant.(15) Any non-Community financing from State resources should comply with Articles 87 and 88 of the Treaty.(16) This Decision lays down, for the entire duration of the programme, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure [7], for the budgetary authority during the annual budgetary procedure.(17) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [8].(18) It is necessary to evaluate the content of actions and, in particular, the European added value of the activities planned by the beneficiaries eligible for a grant; such an evaluation may be best carried out by using a management committee.(19) Any support granted under this Decision should comply strictly with the principles of subsidiarity and proportionality,HAVE DECIDED AS FOLLOWS:Article 1Programme objective and activities1. This Decision establishes a Community action programme to promote bodies active at European level in the field of culture (hereinafter referred to as "the programme").2. The general objective of the programme is to support the activities of these bodies.The programme covers the following activities:(a) the ongoing work programme of a body which pursues an aim of general European interest in the field of culture or an objective forming part of the European Union's policy in this area;(b) a specific action in this area.These activities must contribute, or be capable of contributing, to the development and implementation of Community cooperation policy and actions in the field of culture.3. The programme shall start on 1 January 2004 and shall end on 31 December 2006.Article 2Access to the programmeTo be eligible for a grant, a body must satisfy the requirements of Annex I and have the following characteristics:(a) it must be an independent and non-profit-making legal person primarily active in the field of culture, with an objective aimed at the public good;(b) it must have been legally established for more than two years and have had its annual statement of accounts for the two preceding years certified by a registered auditor;(c) its activities must be in accordance with the principles underlying Community action in the field of culture and take account of the priorities set out in Annex I.Article 3Selection of beneficiaries1. Operating grants for the ongoing work programme of a body pursuing an aim of general European interest in the field of culture or an objective forming part of the European Union's policy in this area shall be awarded in accordance with the overall criteria laid down in Annex I.2. Grants for actions specified in the programme shall be awarded in accordance with the overall criteria laid down in Annex I. Actions shall be selected by means of a call for proposals.Article 4Award of the grantGrants under the different actions of the programme shall be awarded in compliance with the provisions set out in the relevant part of Annex I.Article 5Financial provisions1. The financial framework for the implementation of the programme for the period specified in Article 1(3) is hereby set at EUR 19 million.2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.Article 6Implementing measures1. The measures necessary for the implementation of this Decision relating to the matters referred to below shall be adopted in accordance with the management procedure referred to in Article 7(2):(a) the annual plan of work, including objectives, priorities, the selection criteria and procedures;(b) the financial support to be supplied by the Community (amounts, duration and recipients) in the areas covered by actions under part 2 and 3 of Annex I, and the general guidelines for implementing the programme;(c) the annual budget and the breakdown of funds among the different actions of the programme;(d) the arrangements for monitoring and evaluating the programme and for the dissemination and transfer of results;2. The measures necessary for the implementation of this Decision relating to all other matters shall be adopted in accordance with the advisory procedure referred to in Article 7(3).Article 7Committee procedures1. The Commission shall be assisted by the Committee provided for in Decision No 508/2000/EC [9].2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.4. The Committee shall adopt its rules of procedure.Article 8Monitoring and evaluationThe Commission shall present to the European Parliament and the Council:(a) not later than 31 December 2005, a report on the implementation of the programme, on the achievement of its objectives and on a possible future programme to replace the present programme.The Commission shall moreover report to the European Parliament and Council on an annual basis on the implementation of the programme.(b) not later than 31 December 2007 a report on the achievement of the programme's objectives. This report shall be based, inter alia, on the outcome of the external evaluation and shall assess the results obtained by the beneficiaries of the programme, in particular as regards the effectiveness, efficiency and content of their actions, considered overall and individually, in achieving the objectives set out in Article 1 and in Annex I.Article 9Entry into forceThis Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.Done at Strasbourg, 21 April 2004.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentD. Roche[1] Opinion of the European Parliament of 6 November 2003 (not yet published in the Official Journal). Council Common Position of 22 December 2003 (OJ 72 E, 23.3.2004, p. 10), Position of the European Parliament of 10 March 2004 (not yet published in the Official Journal) and Decision of the Council of 30 March 2004.[2] OJ C 314, 5.12.1991, p. 1.[3] OJ C 13, 18.1.2003, p. 5.[4] OJ C 72, 15.3.1993, p. 118.[5] OJ L 248, 16.9.2002, p. 1.[6] 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 (OJ L 357, 31.12.2002, p. 1).[7] OJ C 172, 18.6.1999, p. 1. Agreement as last amended by Decision 2003/429/EC of the European Parliament and of the Council (OJ L 147, 14.6.2003, p. 25).[8] OJ L 184, 17.7.1999, p. 23.[9] OJ L 63, 10.3.2000, p. 1.--------------------------------------------------ANNEX I1. ACTIVITIES SUPPORTEDThe general objective laid down in Article 1 is to strengthen Community action in the field of culture and increase its effectiveness by supporting the bodies working in this field.This support takes the form of one of two types of grant:-  either an operating grant to co-finance expenditure associated with the permanent work programme of a body which pursues an aim of general European interest in the field of culture or an objective forming part of the European Union's policy in this area (parts 1 and 2),-  or a grant to co-finance a specific action in this area (part 3).The main activities of these bodies that are likely to contribute to the strengthening and effectiveness of Community action in the field of culture are as follows:-  representation of stakeholders at Community level,-  dissemination of information on Community action,-  networking of bodies active in the cultural field,-  representation and informing of the regional and minority language communities of the European Union,-  finding and disseminating of information in the legislation, education and media fields,-  fulfilling the role of cultural "ambassador", promoting awareness of Europe's common cultural heritage,-  preservation and commemoration of the main sites and archives associated with the deportations, symbolised by the memorials which have been raised on the sites of the former camps and other places of mass-civilian martyrdom and extermination, and the keeping alive of the memory of the victims at these sites.2. IMPLEMENTATION OF THE ACTIVITIES SUPPORTEDGrants may be awarded to support the activities carried out by the bodies eligible for Community funding under the programme that fall within one of the following areas:Part 1: Permanent activities of the following bodies pursuing an aim of general European interest in the field of culture:-  European Bureau for Lesser-Used Languages,-  centres of the Mercator network.Part 2: Permanent activities of other bodies pursuing an aim of general European interest in the field of culture or an objective forming part of the European Union's policy in this area.Annual operating grants may be awarded to support the conduct of the permanent work programmes of organisations or networks promoting European culture and cooperation in the cultural sector and making a contribution to cultural life and the management of culture.Part 3: actions to preserve and commemorate the main sites and archives associated with the deportations, symbolised by the memorials which have been raised on the sites of the former camps and other places of mass-civilian martyrdom and extermination, and to keep alive the memory of the victims at these sites.3. SELECTION OF BENEFICIARIESPart 1: Grants under this part of the programme may be awarded to the European Bureau for Lesser-Used Languages (EBLUL) and the Mercator network centres.The Commission may award these grants upon receipt of an appropriate workplan and budget.Part 2:1. In order to award the grants under this part of the programme, the Commission shall publish calls for proposals.2. However, in 2004 and 2005, in derogation to paragraph 1, grants may be awarded to the organisations mentioned in Annex II.3. In all cases, all requirements of the Financial Regulation, its Implementing Rules and the basic act apply.Part 3: Actions to be supported under this part shall be selected on the basis of calls for proposals.4. CRITERIA FOR THE ASSESSMENT OF FUNDING APPLICATIONSApplications for operating grants shall be assessed in the light of:-  the exchange of experiences promoting a greater cultural diversity,-  the mobility of art and artists,-  the quality of the planned activities,-  the European added value of the planned activities,-  the lasting nature of the planned activities,-  the visibility of the planned activities,-  the representativeness of the bodies.Grants shall be awarded on the basis of a work programme approved by the Commission.Any beneficiary of a grant awarded under any action of this programme, shall indicate in a prominent place, such as a website homepage or an annual report, that it has received funding from the budget of the European Union.5. FUNDING AND ELIGIBLE EXPENDITUREUnder part 1, the eligible expenditure of the European Bureau for Lesser-Used Languages and the Mercator network centres comprises operating costs and expenses for carrying out their actions.The grant to the European Bureau for Lesser-Used Languages and the Mercator network centres shall not fund all their eligible expenditure in the calendar year for which it is awarded: at least 20 per cent of the bodies' budgets must be co-financed from non-Community sources.Pursuant to Article 113(2) of the Financial Regulation the principle of gradual reduction shall not apply to operating grants to the European Bureau for Lesser-Used Languages and the Mercator network centres, since they are bodies pursuing an objective of general European interest.Under part 2, the costs to be taken into account in determining the operating grant shall be those necessary for the proper conduct of the normal activities of the body selected. In particular, these costs are personnel costs, overheads (rental and property charges, equipment, office supplies, telecommunications, postal charges, etc.), costs of internal meetings, publication, information and dissemination costs and costs directly linked to the body's activities.An operating grant under part 2 of this Annex shall not fund all the body's eligible expenditure in the calendar year for which it is awarded. At least 20 per cent of the budgets of the bodies covered by this part must be co-financed from non-Community sources. Such co-financing may be partly contributed in kind, provided the contribution is valued at no more than the cost actually incurred and evidenced by accounting documents or the cost generally obtaining on the market in question.Pursuant to Article 113(2) of the Financial Regulation operating grants so awarded, if renewed, shall be gradually decreased. This reduction shall apply from the third year onwards, at a rate of 2,5 per cent per year. In order to observe this rule, which applies without prejudice to the co-financing rule mentioned above, the percentage of Community co-financing corresponding to the grant awarded for a given financial year shall be at least 2,5 points below the percentage of Community co-financing corresponding to the grant awarded for the previous financial year.A grant awarded under part 3 of this Annex may not cover more than 75 per cent of the eligible costs of the action concerned.For grants awarded in 2004, it will be possible for the period of eligibility of expenditure to start on 1 January 2004, provided that the expenditure does not precede the date on which the grant application was lodged or the date on which the beneficiary's budget year starts.During 2004, in the case of beneficiaries whose budgetary year starts before 1 March, an exception may be granted to the obligation to sign the grant agreement within the first four months of the start of the beneficiary's budget year, as referred to in Article 112, paragraph 2 of the Financial Regulation. In this case, the grant agreement should be signed by 30 June 2004 at the latest.6. MANAGEMENT OF THE PROGRAMMEIn the light of a cost/benefit analysis, the Commission may decide to entrust all or part of the tasks of managing the programme to an executive agency, in conformity with Article 55 of the Financial Regulation. It may also have recourse to experts and incur any other expenditure on technical and administrative assistance, not involving the exercise of public authority, outsourced under ad hoc service contracts. It may also finance studies and organise meetings of experts likely to facilitate the implementation of the programme, and undertake information, publication and dissemination actions directly linked to the achievement of the programme's objective.7. CHECKS AND AUDITSThe beneficiary of an operating grant shall keep available for the Commission all the supporting documents, including the audited financial statement, regarding expenditure incurred during the grant year, for a period of five years following the last payment. The beneficiary of a grant shall ensure that, where applicable, supporting documents in the possession of partners or members be made available to the Commission.The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the agreement and for a period of five years from the date of payment of the balance. Where appropriate, the audit findings may lead to recovery decisions by the Commission.Commission staff and outside personnel authorised by the Commission shall have appropriate right of access, in particular to the beneficiary's offices and to all the information, including information in electronic format, needed in order to conduct such audits.The Court of Auditors and the European Anti-Fraud Office (OLAF) shall enjoy the same rights, especially of access, as the Commission.In order to protect the European Communities' financial interests against fraud and other irregularities, the Commission may carry out on-the-spot checks and inspections under this programme in accordance with Council Regulation (Euratom, EC) No 2185/96 [1]. Where necessary, investigations shall be conducted by the European Anti-Fraud Office (OLAF) and these shall be governed by Regulation (EC) No 1073/1999 of the European Parliament and of the Council [2].[1] OJ L 292, 15.11.1996, p. 2.[2] OJ L 136, 31.5.1999, p. 1.--------------------------------------------------ANNEX IIOrganisations referred in Annex I, section 3, part 2, paragraph 2-  the European Union Youth Orchestra,-  the European Union Baroque Orchestra (EUBO),-  Philharmony of the Nations,-  the European Choral Academy,-  la Fédération européenne des choeurs de l'Union,-  Les Choeurs de l'Union européenne,-  Europa Cantat (European Federation of Young Choirs),-  the European Opera Centre (Manchester),-  the European Union Jazz Youth Orchestra (Swinging Europe),-  the International Yehudi Menuhin Foundation,-  the European Chamber Orchestra,-  Association Européene des Conservatoires, Académies de Musique et Musikhochschulen (AEC),-  Yuste Academy Foundation,-  European Council of Artists (ECA),-  European Forum for the Arts and Heritage (EFAH),-  Informal European Theatre Meeting (IETM),-  Convention théâtrale européenne,-  Union des théâtres de l'Europe,-  Prix Europe pour le théâtre,-  Prix Europa (prize given to the best television and radio programme),-  Europa Nostra,-  European Writers' Congress (EWC),-  European Network of Arts Organisations for Children and Young People (EU-NET ART),-  Fédération européene des villages d'artistes (Euro Art),-  European Network of Cultural Administration Training Centres (ENCATC),-  European League of Institutes of the Arts (ELIA),-  Network of European Museums Organisations (NEMO),-  Momentum Europa,-  Pan-European Public Children's Network,-  Les Rencontres: Association of European Cities and Regions for Culture,-  Europalia,-  Euroballet,-  International Festivals and Events Association Europe,-  Pegasus Foundation,-  Hors-les-Murs,-  Huis Doorn (Netherlands),-  European Music Festival,-  Tuning Educational Structures in Europe,-  St Boniface Memorial Foundation 2004,-  European Community of Historic Armed Guilds.--------------------------------------------------


title: 2011/697/CFSP: Council Decision 2011/697/CFSP of 20 October 2011 amending Decision 2011/621/CFSP extending the mandate of the European Union Special Representative to the African Union

text:
               21.10.2011

               EN

               Official Journal of the European Union

               L 276/46

         COUNCIL DECISION 2011/697/CFSP
   of 20 October 2011
   amending Decision 2011/621/CFSP extending the mandate of the European Union Special Representative to the African Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 31(2) and Article 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 6 December 2007, the Council adopted Joint Action 2007/805/CFSP (1) appointing Mr Koen VERVAEKE as European Union Special Representative (EUSR) to the African Union (AU).

               (2)

               On 21 September 2011, the Council adopted Decision 2011/621/CFSP (2) extending the mandate of the EUSR until 30 June 2012.

               (3)

               A new EUSR to the AU should be appointed for the period from 1 November 2011 until 30 June 2012.

               (4)

               Decision 2011/621/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 1 of Decision 2011/621/CFSP is replaced by the following:

      ‘Article 1
      European Union Special Representative
      1.   The mandate of Mr Koen VERVAEKE as EUSR to the AU is hereby extended until 31 October 2011.
      2.   Mr Gary QUINCE is hereby appointed as EUSR to the AU for the period from 1 November 2011 until 30 June 2012.
      3.   The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (HR).’.

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

      Done at Luxembourg, 20 October 2011.

            For the Council

            The President

         M. SAWICKI

      (1)  OJ L 323, 8.12.2007, p. 45.

      (2)  OJ L 243, 21.9.2011, p. 19.


title: Council Decision of 18 June 1973 adopting a research and training programme for the European Atomic Energy Community (indirect projects)

text:
11.7. 73                           Official Journal of the European Communities                               No L 189/39
                                                COUNCIL DECISION
                                                    of 18 June 1973
              adopting a research and training programme for the European Atomic Energy
                                             Community (indirect projects)
                                                  (73 / 178/Euratom)
THE COUNCIL OF THE EUROPEAN                                                              Article 2
COMMUNITIES,
                                                               The maximum expenditure commitment and the staff
Having regard to the Treaty establishing the                   required for implementing this programme shall be
European Atomic Energy Community, and in                       4-715 million units of account and 10 staff; the unit
particular to Article 7 thereof;                               of account is defined in Article 10 of the Financial
                                                               Regulation of 25 April 1973 (*) applicable to the
Having regard to the Proposal from the Commission ,            general budget of the European Communities .
submitted after consultation with the Scientific and
Technical Committee;
                                                                                Article 3
Whereas, in the context of the common policy in
science and technology the multi-annual research and
training programme is one of the principal means               The programme defined in Annex I shall be subject
whereby the Community can contribute to the rapid              to review at the beginning of the second year, in
formation and expansion of nuclear industries and              accordance with the appropriate procedure, and
also to the acquisition and dissemination of                   particularly in the light of the decisions of the Paris
knowledge in the nuclear field ;                               Summit Conference .
HAS ADOPTED THIS DECISION :
                                                               Done at Luxembourg, 18 June 1973 .
                        Article 1
A research and training programme, as set out in                                                      For the Council
Annexes I and II, is hereby adopted for a period of
                                                                                The President
four years as from 1 January 1973 . The Annexes
shall form an integral part of this Decision .                                                          A. LAVENS
                                                               (») OJ No L 116, 1 . 5 . 1973, p . 1 .
 ---pagebreak--- No L 189 /40                           Official Journal of the European Communities                                 11 . 7. 73
                                                            ANNEX 1
                                                      INDIRECT PROJECTS
                                                      NUCLEAR PROJECTS
             JOINT PROGRAMME
               I. Materials-testing reactors
                   A maximum amount of 0-215 million units of account, and a staff of two, shall be allocated
                   to this objective.
                   The objective shall be to establish a Coordinating Committee in the field of
                   materials-testing reactors and their ancillary installations, the secretarial services for which
                   will be provided by the Commission.
              II. Education and training
                   A maximum amount of 4-5 million units of account, and a staff of eight, shall be allocated
                   to this project.
                   The objective shall be to :
                   — promote exchanges of young scientists and engineers between the training
                       establishments of one member country and the research centres of another member
                       country at all levels of training;
                   — facilitate the free movement of young scientists and engineers during their training, as
                       well as that of the teaching staff;
                   — promote interdisciplinary training;
                   — encourage exchanges of scientists and engineers between the centres, research institutes
                       and industries .
                                                             ANNEX 11
                                      Table of staff and maximum expenditure commitments
                                                                  Expenditure Commitment              Staff
                                    Objective                         (in million u.a .)
                I. Materials-testing reactors                              0-215                        2
               II. Education and training                                  4-500                        8
                                                          Total            4-715                       10


title: 2005/766/EC: Council Decision of 13 June 2005 on the conclusion of the Agreement for Scientific and Technological Cooperation between the European Community and the United Mexican States

text:
               4.11.2005

               EN

               Official Journal of the European Union

               L 290/16

         COUNCIL DECISION
   of 13 June 2005
   on the conclusion of the Agreement for Scientific and Technological Cooperation between the European Community and the United Mexican States
   (2005/766/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 170(2), in conjunction with the first sentence of the first subparagraph of Article 300(2) and Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated, on behalf of the Community, an Agreement for Scientific and Technological Cooperation with the United Mexican States.

               (2)

               Subject to its possible conclusion at a later date, the Agreement initialed on 2 April 2003 was signed on 3 February 2004.

               (3)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement for Scientific and Technological Cooperation between the European Community and the United Mexican States is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision (2).
   Article 2
   The President of the Council shall, acting on behalf of the Community, give the notification provided for in Article 11 of the Agreement.

      Done at Luxembourg, 13 June 2005.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ C 226, 15.9.2005, p. 19.

      (2)  See page 17 of this Official Journal.
    ---documentbreak---

               4.11.2005

               EN

               Official Journal of the European Union

               L 290/17

         AGREEMENT
   for Scientific and Technological Cooperation between the European Community and the United Mexican States
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   of the one part, and
   THE UNITED MEXICAN STATES, hereinafter referred to as ‘Mexico’,
   of the other part,
   hereinafter referred to as ‘the Parties’,
   CONSIDERING the Economic Partnership, Political Coordination and Cooperation Agreement between the United Mexican States and the European Community and its Member States of 8 December 1997;
   CONSIDERING the importance of science and technology for their economic and social development;
   CONSIDERING the ongoing scientific and technological cooperation between the Community and Mexico;
   CONSIDERING that the Community and Mexico are currently pursuing research and technological development activities, including projects as defined in Article 2(e), in areas of common interest and that participation in each other’s research and development activities on the basis of reciprocity will provide mutual benefits;
   DESIRING to establish a solid basis for cooperation in scientific and technological research which will extend and strengthen the cooperative activities in areas of common interest and encourage the application of the results of such cooperation to the economic and social benefit of both Parties;
   CONSIDERING that this Agreement for scientific and technological cooperation is part of the general cooperation between Mexico and the Community,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Purpose
   The Parties shall encourage, develop and facilitate cooperative research and development activities in fields of science and technology of common interest between the Community and Mexico.
   Article 2
   Definitions
   For the purpose of this Agreement:

               (a)

               ‘cooperative activity’ means any activity which the Parties undertake or support, pursuant to this Agreement, and includes joint research and training of human resources;

               (b)

               ‘information’ means scientific or technical data, results or methods of research and development stemming from joint research and any other data deemed necessary by the participants to cooperative activities, including, as necessary, by the Parties themselves;

               (c)

               ‘intellectual property’ shall have the meaning defined in Article 2 of the Convention establishing the World Intellectual Property Organisation, signed in Stockholm on 14 July 1967;

               (d)

               ‘joint research’ means research, technological development and/or demonstration projects implemented with or without financial support from one or both Parties and which involves collaboration between participants from both the Community and Mexico;

               (e)

               ‘demonstration projects’ means projects aimed at demonstrating the viability of new technologies which offer a potential economic advantage but which cannot be commercialised without a prior study of their viability on the market. The Parties shall keep each other mutually and regularly informed about the joint research activities in the context of the coordination and facilitation of cooperative activities (Article 6);

               (f)

               ‘participant’ or ‘research entities’ means any physical or legal person, research institute, or any other firm or legal entity established in the Community or in Mexico involved in cooperative activities, including the Parties themselves.

         Article 3
   Principles
   Cooperative activities shall be conducted on the basis of the following principles:

               (a)

               mutual benefit based on an appropriate balance of advantages;

               (b)

               reciprocal opportunities to participate in the research and technological development activities undertaken by each Party;

               (c)

               timely exchange of information which may affect cooperative activities;

               (d)

               within the framework of the applicable laws and regulations, effective protection of intellectual property and equitable sharing of intellectual property rights, in accordance with the Annex on intellectual property rights, which forms an integral part of this Agreement.

         Article 4
   Areas of cooperative activities

               (a)

               Cooperation under this Agreement may cover all the activities on research, technological development, demonstration and high-level scientific and technological training, hereinafter referred to as ‘RTD’, included in the RTD Framework Programme of the European Community, including fundamental research. The abovementioned activities must be directed towards promoting scientific progress, industrial competitiveness and economic and social development, in particular in the following areas:

                           —

                           research on the environment and climate, including Earth observation,

                           —

                           biomedical and health research,

                           —

                           agriculture, forestry and fisheries,

                           —

                           industrial and manufacturing technologies,

                           —

                           research on electronics, materials and metrology,

                           —

                           non-nuclear energy,

                           —

                           transport,

                           —

                           information society technologies,

                           —

                           research on economic and social development,

                           —

                           biotechnologies,

                           —

                           aeronautics and space research and applied research, and

                           —

                           science and technology policy.

               (b)

               Other areas of cooperation may be added to this list subject to prior examination and recommendation by the Joint Committee referred to in Article 6(c)(7), in accordance with the procedures in force for each party, together with all similar RTD activities undertaken in Mexico in the corresponding fields.

         This Agreement does not affect the participation of Mexico, as a developing country, in Community activities in the field of research for development.
   Article 5
   Forms of cooperative activities

               (a)

               The Parties shall foster the participation of institutes of higher education, research and development centres and research and development entities in cooperative activities under this Agreement in conformity with their internal policies and regulations, with a view to providing opportunities for participation in their scientific and technological research and development activities.

               (b)

               Cooperative activities may take the following forms:

                           —

                           establishment of networks and long-term institutional alliances between research centres and research and technology institutes and joint implementation of projects of common interest,

                           —

                           implementation of RTD projects between research and business centres in Mexico and Europe, including technology-based undertakings,

                           —

                           participation of Mexican research institutes in RTD projects under the existing Framework Programme and reciprocal participation of research institutes established in the Community in Mexican projects in similar fields of RTD. Such participation shall be subject to the rules and procedures applicable in the RTD programmes of each Party,

                           —

                           visits and exchanges of scientists, RTD policy-makers and technical experts, including scientific training through research,

                           —

                           joint organisation of scientific seminars, conferences, workshops and symposia, as well as participation of experts in such activities,

                           —

                           exchanges and sharing of equipment and materials, including shared use and/or loans of laboratory infrastructure and equipment,

                           —

                           exchanges of information on procedures, laws, regulations and programmes relevant to cooperation under this Agreement, exchanges of experience and studies on best practice on science and technology policy,

                           —

                           any other form recommended by the Steering Committee, as provided for in Article 6(b), and considered to be in conformity with the policies and procedures applicable in both Parties.

         Joint RTD projects shall be implemented when the participants have developed a technology management plan, as indicated in the Annex to this Agreement.
   Article 6
   Coordination and facilitation of cooperative activities

               (a)

               For the purposes of this Agreement, the Parties appoint the following authorities, acting as co-signatory executive agents, for the coordination and facilitation of cooperative activities: on behalf of the United Mexican States, el Consejo Nacional de Ciencia y Tecnología (National Science and Technology Council) and, on behalf of the Community, the representatives of the European Commission.

               (b)

               The executive agents shall establish a bilateral RTD Cooperation Steering Committee, hereinafter referred to as the ‘Steering Committee’, for the management of this Agreement; this Committee shall consist of a similar number of official representatives of each Party; it shall establish its own rules of procedure.

               (c)

               The functions of the Steering Committee shall include:

                           1.

                           promoting and overseeing the different cooperative activities referred to in Article 4 as well as those that could be implemented in the framework of RTD cooperation for development and any others which arise in the future;

                           2.

                           identifying, pursuant to the first indent of Article 5(b), among the potential sectors for RTD cooperation, those priority sectors or subsectors of mutual interest in which cooperation is sought;

                           3.

                           promoting, pursuant to the second indent of Article 5(b), together with the scientific communities of the two Parties, identification of projects which would be of mutual benefit, complementary and/or priorities;

                           4.

                           making recommendations, pursuant to the fifth indent of Article 5(b);

                           5.

                           advising the Parties on ways to enhance and improve cooperation and dissemination thereof consistent with the principles set out in this Agreement;

                           6.

                           monitoring and reviewing the efficient functioning and implementation of this Agreement;

                           7.

                           providing an annual report to the Parties on the status, the level reached and the effectiveness of cooperation undertaken under this Agreement. This report shall be submitted to the Joint Committee established under the Association Agreement of 8 December 1997.

               (d)

               The Steering Committee shall, as a general rule, meet once a year, preferably before the meeting of the Joint Committee, according to a jointly agreed schedule, and shall report to the Joint Committee; the meetings shall be held alternately in the Community and in Mexico. Extraordinary meetings may be organised at the request of either Party.

               (e)

               Each Party shall bear the costs of its participation in the meetings of the Steering Committee. Costs other than those for travel and accommodation which are directly associated with meetings of the Steering Committee shall be borne by the host Party.

         Article 7
   Funding

               (a)

               Cooperative activities shall be subject to the availability of appropriated funds and to the applicable laws, regulations, policies and programmes of the Parties. Costs incurred by the participants in cooperative activities shall, in principle, give rise to no transfer of funds from one Party to the other.

               (b)

               When cooperative schemes of one Party provide for financial support to participants from the other Party, any such grants, financial or other contributions shall be granted free of tax and customs duties in accordance with the laws and regulations applicable in the territories of each Party.

         Article 8
   Entry of personnel and equipment
   Each Party shall take all necessary steps and provide the necessary facilities for participants officially involved in cooperative activities under this Agreement to enter, stay in and leave its territory. They shall also make the efforts necessary to provide the necessary facilities, in the national migration, tax, customs, health and safety regulations in force in the receiving country, for the material, data and equipment used in the activities covered by the Agreement.
   Article 9
   Dissemination and use of information
   The research entities established in Mexico which are involved in Community RTD projects shall follow, as regards the ownership, dissemination and use of information and as regards the intellectual property stemming from this involvement, the rules on dissemination of research results stemming from the specific Community RTD programmes as well as the provisions in the Annex to this Agreement. The research entities established in the Community which are involved in Mexican RTD projects shall have, as regards the ownership, dissemination and use of information and as regards the intellectual property stemming from this involvement, the same rights and the same obligations as the Mexican research entities and shall be subject to the provisions in the Annex to this Agreement.
   Article 10
   Territorial application
   This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community applies and under the conditions laid down in that Treaty and, on the other hand, to the territory of Mexico.
   Article 11
   Entry into force, termination and dispute settlement

               (a)

               This Agreement shall enter into force on the date of the last written communication by which the Parties notify each other that their respective internal procedures necessary for its entry into force have been completed.

               (b)

               This Agreement shall be concluded for an initial period of five years and may be tacitly renewed after full evaluation, based on the results, during the penultimate year of each successive five-year period.

               (c)

               This Agreement may be amended by decision of the Parties. Amendments shall enter into force under the same conditions as defined in paragraph (a).

               (d)

               This Agreement may be terminated at any time by either Party upon six months’ written notice to the other Party through diplomatic channels. The expiration or termination of this Agreement shall not affect the validity or duration of any arrangements made under it, or any specific rights and obligations that have accrued in compliance with the Annex to this Agreement.

               (e)

               All questions or disputes related to the interpretation or implementation of this Agreement shall be settled by mutual agreement between the Parties.

      IN WITNESS WHEREOF, the undersigned, being duly authorised thereto, have signed this Agreement.
      Done at Brussels on the third day of February in the year two thousand and four in two copies, in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, all texts being equally authentic. The English version will prevail whenever there is a divergent interpretation between these texts.

         Por la Comunidad Europea
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Voor de Europese Gemeenschap
         Pela Comunidade Europeia
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar

         Por los Estados Unidos Mexicanos
         For De Forenede Mexicanske Stater
         Für die Vereinigten Mexikanischen Staaten
         Για τις Ηνωμένες Πολιτείες του Μεξικού
         For the United Mexican States
         Pour les États-Unis mexicains
         Per gli Stati Uniti messicani
         Voor de Verenigde Mexicaanse Staten
         Pelos Estados Unidos Mexicanos
         Meksikon yhdysvaltojen puolesta
         För Mexikos förenta stater

   ANNEX
   INTELLECTUAL PROPERTY RIGHTS
   This Annex is an integral part of the ‘Agreement for scientific and technological cooperation between the European Community and the United Mexican States’, hereinafter referred to as ‘the Agreement’.
   Rights to intellectual property created or furnished under the Agreement shall be allocated as provided in this Annex.
   I.   APPLICATION
   This Annex is applicable to joint research undertaken pursuant to the Agreement, except as otherwise agreed by the Parties.
   II.   OWNERSHIP, ALLOCATION AND EXERCISE OF RIGHTS

               1.

               This Annex addresses the allocation of rights and interests of the Parties and their participants. Each Party and its participants shall ensure that the other Party and its participants may obtain the rights to intellectual property allocated to it in accordance with this Annex. This Annex does not otherwise alter or prejudice the allocation of rights, interests and royalties between a Party and its nationals or participants, which shall be determined by the laws and practices applicable to each Party.

               2.

               The Parties shall also be guided by, and contractual arrangements shall provide for, the following principles:

                           (a)

                           effective protection of intellectual property. The Parties shall ensure that they and/or their participants notify one another within a reasonable time of the creation of any intellectual property arising under the Agreement or implementation arrangements and seek protection for such intellectual property in a timely fashion;

                           (b)

                           effective exploitation of results, taking into account the contributions of the Parties and their participants and the provisions of Article 9 of the Agreement;

                           (c)

                           non-discriminatory treatment of participants from the other Party as compared with the treatment given to its own participants without prejudice to Article 9 of the Agreement;

                           (d)

                           protection of business-confidential information.

               3.

               The Parties or participants shall jointly develop a Technology Management Plan (TMP) in respect of the ownership and use, including publication, of information and intellectual property to be created in the course of joint research. The TMP shall be approved by the responsible funding agency or other relevant agencies involved in financing the technology, taking account of the opinion of the Steering Committee, before the conclusion of the corresponding specific research and development cooperation contracts of research institutes. The TMP shall be developed within the rules and regulations in force in each Party taking into account the aims of the joint research, the financial or other contributions of the Parties and participants, the advantages and disadvantages of licensing by territory or for fields of use, the transfer of export-controlled data, goods or services, requirements imposed by applicable laws and other factors deemed appropriate by the participants. The rights and obligations concerning the research generated by visiting researchers in respect of intellectual property shall also be addressed in the joint technology management plans.
               With respect to intellectual property, the TMP shall normally address, among other things, ownership, protection, user rights for research and development 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 general and specific information, licensing and deliverables.

               4.

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

               5.

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

               6.

               While maintaining the conditions of competition in areas affected by the Agreement, each Party shall endeavour to ensure that rights acquired pursuant to the Agreement and arrangements made under it 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, and

                           (ii)

                           the adoption and implementation of international standards.

               7.

               Termination or expiry of the Agreement shall not affect rights or obligations in accordance with this Annex.

         III.   COPYRIGHT WORKS AND SCIENTIFIC LITERARY WORKS
   Copyright belonging to the Parties or to their participants shall be accorded treatment consistent with the Berne Convention (Paris Act 1971). The copyright shall protect the expressions but not the ideas, procedures, methods of operation or mathematical concepts as such. Limitations or exceptions to exclusive rights may be introduced only in certain special cases which do not obstruct normal exploitation of results nor unduly endanger the legitimate interests of the right-holder.
   Without prejudice to Section II, and unless otherwise agreed in the TMP, results of joint research shall be published jointly by the Parties or participants. 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 videos and software arising from joint research pursuant to the 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 the Agreement and published by independent publishers shall be disseminated as widely as possible.

               3.

               All copies of a copyright work to be publicly distributed and prepared under this provision shall indicate the names of the author(s) of the work unless an author explicitly declines to be named. Copies shall also bear a clearly visible acknowledgement of the cooperative support of the Parties.

         IV.   INVENTIONS, DISCOVERIES AND OTHER SCIENTIFIC AND TECHNOLOGICAL ACHIEVEMENTS
   Inventions, discoveries and other scientific and technological achievements arising from cooperative activities between the Parties themselves shall be owned by the Parties unless otherwise agreed by the Parties.
   V.   UNDISCLOSED INFORMATION
   A.   Documentary undisclosed information

               1.

               Each Party, its agencies or its participants, as appropriate, shall identify at the earliest possible moment, and preferably in the TMP, the information which they wish to remain undisclosed in relation to the Agreement, taking into account, inter alia, the following criteria:

                           (a)

                           secrecy of the information in the sense that it 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 fields;

                           (b)

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

                           (c)

                           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 their 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 it and its participants clearly identify undisclosed information, 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.
               Any 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 into the public domain.

               3.

               Undisclosed information communicated under this Agreement may be disseminated by the receiving Party to persons linked to 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, the receiving Party may disseminate such undisclosed information more widely than otherwise permitted in paragraph 3. The Parties shall cooperate in developing procedures for requesting and obtaining prior written consent for such wider dissemination, and each Party shall 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 information provided in seminars and other meetings arranged under the Agreement, or information arising from the attachment of staff, use of facilities, or participation in joint projects, shall be treated by the Parties or their participants according to the principles 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 at the time it was communicated.
   C.   Control
   Each Party shall endeavour to ensure that undisclosed information received by it under the Agreement shall be controlled as provided herein. If one of the Parties becomes aware that it will be, or may be reasonably expected to become, unable to meet the non-dissemination provisions of sections A and B, it shall immediately inform the other Party. The Parties shall thereafter consult to define the most appropriate course of action.


title: 2007/476/EC: Commission Decision of 25 June 2007 on the compatibility with Community law of measures taken by Germany pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities

text:
               10.7.2007

               EN

               Official Journal of the European Union

               L 180/8

      COMMISSION DECISION

   of 25 June 2007
   on the compatibility with Community law of measures taken by Germany pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities
   (2007/476/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (1) and in particular Article 3a(2) thereof,
   Having regard to the opinion of the Committee established pursuant to Article 23a of Directive 89/552/EEC,
   Whereas:

               (1)

               By letter of 28 April 1999, Germany notified to the Commission measures to be taken pursuant to Article 3a(1) of Directive 89/552/EEC.

               (2)

               The Commission verified, within three months from this notification, that such measures are compatible with Community law, in particular as regards the proportionality of the measures and the transparency of the national consultation procedure.

               (3)

               In its examination, the Commission took into consideration the available data on the German media landscape.

               (4)

               The list of events of major importance for society included in the German measures was drawn up in a clear and transparent manner.

               (5)

               The Commission was satisfied that the events listed in the German measures met at least two of the following criteria considered to be reliable indicators of the importance of events for society: (i) a special general resonance within the Member State, and not simply a significance to those who ordinarily follow the sport or activity concerned; (ii) a generally recognised, distinct cultural importance for the population in the Member State, in particular as a catalyst of cultural identity; (iii) involvement of the national team in the event concerned in the context of a competition or tournament of international importance; and (iv) the fact that the event has traditionally been broadcast on free television and has commanded large television audiences.

               (6)

               A significant number of the events listed in the German measures, including the summer and winter Olympic games, all European Championship and World Cup football matches involving the German national team, as well as the opening match, the semi-finals and the finals of these tournaments, fall within the category of events traditionally considered to be of major importance for society, as referred to explicitly in recital 18 of Directive 97/36/EC. These events have a special general resonance in Germany, as they are particularly popular with the general public, not just with those who usually follow sport events.

               (7)

               The particular attention given, even in the non-specialised press, to the remaining events listed, including the semi-finals and final of the German FA Cup, the German national football team’s home and away matches, and the final of any European football club competition (Champions League, UEFA Cup) involving a German club, testifies to their special general resonance in Germany.

               (8)

               The events listed have a generally recognised, distinct cultural importance for the German population, given their important contribution to understanding between peoples, as well as the importance of sport for the German society as a whole and for the national pride, as they provide the occasion for top German sportsmen to succeed in these most important international competitions.

               (9)

               The German measures appear proportionate so as to justify a derogation from the fundamental EC Treaty freedom to provide services on the basis of an overriding reason of public interest, which is to ensure wide public access to broadcasts of events of major importance for society.

               (10)

               The German measures are compatible with EC competition rules in that the definition of qualified broadcasters for the broadcasting of listed events is based on objective criteria that allow actual and potential competition for the acquisition of the rights to broadcast these events. In addition, the number of listed events is not disproportionate so as to distort competition on the downstream free television and pay television markets.

               (11)

               After communication by the Commission to the other Member States of the German measures and consultation of the Committee established pursuant to Article 23a of Directive 89/552/EEC, the Director-General for Education and Culture informed Germany, by letter of 2 July 1999, that the European Commission did not intend to object to the measures notified.

               (12)

               The German measures entered into force on 1 April 2000. These final measures differed from the measures notified in 1999 insofar as one event no longer appeared among the listed events, namely the ‘Cup Winner’s Cup’, which was because the tournament had been discontinued after being held for the last time in 1998/1999.

               (13)

               Those measures were published in the C Series of the Official Journal of the European Communities
                   (2) in accordance with Article 3a(2) of Directive 89/552/EEC.

               (14)

               It follows from the judgment of the Court of First Instance in Case T-33/01, Infront WM v Commission, that the declaration that measures taken pursuant to Article 3a(1) of Directive 89/552/EEC are compatible with Community law constitutes a decision within the meaning of Article 249 of the EC Treaty, which must therefore be adopted by the Commission. Accordingly, it is necessary to declare by this Decision that the measures notified by Germany are compatible with Community law. The measures, as finally taken by Germany and set out in the Annex to this Decision, should be published in the Official Journal of the European Union in accordance with Article 3a(2) of Directive 89/552/EEC,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The measures pursuant to Article 3a(1) of Directive 89/552/EEC notified by Germany to the Commission on 28 April 1999, as published in the
         Official Journal of the European Communities C 277 of 29 September 2000, are compatible with Community law.
   Article 2
   The measures, as finally taken by Germany and set out in the Annex to this Decision, shall be published in the Official Journal of the European Union in accordance with Article 3a(2) of Directive 89/552/EEC.

      Done at Brussels, 25 June 2007.

            For the Commission

         Viviane REDING

            Member of the Commission

      (1)  OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).

      (2)  OJ C 277, 29.9.2000, p. 4.

      ANNEX
      Publication in accordance with Article 3a(2) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities
      The measures taken by Germany to be published pursuant to Article 3a(2) of Directive 89/552/EEC are set out in the following extracts from Article 5a of the Interstate Treaty on Broadcasting, as amended by the Fourth Amending Interstate Treaty on Broadcasting:

         ‘Article 5a
         Broadcasting major events
         1.   In the Federal Republic of Germany, events of major importance for society (major events) may be broadcast in encrypted form on pay-TV only where the broadcaster or a third party makes it possible, under appropriate conditions, for the event to be broadcast on a free and generally accessible television channel at the same time or, where individual events running in parallel make this impossible, slightly deferred. Should the parties fail to reach agreement on appropriate conditions, they shall agree to accept arbitration under Section 1025 et seq. of the Code of Civil Procedure in due time before the event takes place. Should they be unable to agree on an arbitration procedure for reasons which must be justified by the television broadcaster or the third party, the broadcast under paragraph 1 shall be viewed as not made possible under appropriate conditions. Only channels which can be received by more than two thirds of all households shall be deemed to be generally accessible.
         2.   For the purposes of these provisions, major events are:

                     1.

                     The summer and winter Olympic Games;

                     2.

                     All European Championship and World Cup matches involving the German national football team, as well as the opening match, the semi-finals and finals, irrespective of whether the German team is involved;

                     3.

                     The semi-finals and final of the German FA Cup;

                     4.

                     The German national football team’s home and away matches;

                     5.

                     The final of any European football club competition (Champions League, UEFA Cup) involving a German club.

               Where major events consist of more than one individual event, each event shall be considered to be a major event. The inclusion or exclusion of events in these provisions is possible only on the basis of an agreement concluded by all Länder.’


title: 2011/243/EU: Council Decision of 11 April 2011 appointing one Italian member of the Committee of the Regions

text:
               16.4.2011

               EN

               Official Journal of the European Union

               L 102/32

         COUNCIL DECISION
   of 11 April 2011
   appointing one Italian member of the Committee of the Regions
   (2011/243/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 Italian 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 Riccardo VENTRE,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby reappointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2015:

               —

               Mr Riccardo VENTRE, Assessore del Comune di Piana di Monte Verna (change of mandate).

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

      Done at Luxembourg, 11 April 2011.

            For the Council

            The President

         PINTÉR S.

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

      (2)  OJ L 12, 19.1.2010, p. 11.


Avis juridique important

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31997D0797

97/797/EC: Commission Decision of 7 November 1997 accepting undertakings in connection with the anti- dumping proceeding concerning imports of flat pallets of wood originating in the Republic of Poland

Official Journal L 324 , 27/11/1997 P. 0036 - 0037

COMMISSION DECISION of 7 November 1997 accepting undertakings in connection with the anti-dumping proceeding concerning imports of flat pallets of wood originating in the Republic of Poland (97/797/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 amended by Regulation (EC) No 2331/96 (2), and in particular Article 8 (1) thereof,After consulting the Advisory Committee,Whereas:A. PREVIOUS PROCEDURE (1) The Commission by Regulation (EC) No 1023/97 (3) imposed provisional anti-dumping duties on certain imports of flat pallets of wood falling within CN code ex 4415 20 20 originating in the Republic of Poland and accepted undertakings offered from certain producers. These undertakings concerned only one pallet type, i.e. the EUR pallet.(2) By Commission Regulation (EC) No 1632/97 (4), the above provisional Regulation was amended adding a provision whereby genuine new Polish exporters can be attributed the weighted average duty applicable to co-operating companies not included in the sample of exporters investigated and can have undertakings accepted with regard to exports of EUR-pallets.(3) By Commission Regulation (EC) No 1633/97 (5), in application of the abovementioned new provision, the provisional Regulation was further amended by including a number of genuine new exporters in the list of companies receiving the weighted average duty and by accepting undertakings from some of such new exporters.B. DEFINITIVE DETERMINATION (4) The Commission continued to seek and verify all information that it deemed necessary for the purpose of its definitive findings. In the course of this investigation, it was established that definitive anti-dumping measures in the form of an ad valorem duty and, where applicable, price undertakings, should be taken in order to eliminate the injurious effects of dumping. The findings and conclusions on all aspects of the investigation are set out in the Commission's proposal to the Council to impose a definitive anti-dumping duty on imports of wooden pallets originating in Poland (6).C. NEW EXPORTERS' REQUEST (5) Following the adoption of Regulation (EC) No 1633/97, eight further new Polish exporting producers have applied not to be treated differently from the companies which co-operated in the proceeding but were not included in the sample and have offered undertakings with regard to the EUR-pallet. They have provided, on request, evidence showing that they are genuine new exporters, which is considered sufficient to accept the undertakings offered by them with regard to the EUR-pallet.(6) Two Polish exporters included in the list of companies receiving the weighted average duty have now offered undertakings with regard to the EUR-pallet which are considered acceptable,HAS ADOPTED THIS DECISION:Article 1 The undertakings offered with regard to the EUR-pallet by:- MACED Sklad Palet, Jadwiga Macionga, PL-77-200 Miastko- ENKEL Spólka Cywilna, PL-24-100 Pulawy- Produkcja Stolarska Posrednictwo Export-Import, W.i.T. HENSOLDT, PL-84-300 Lebork- Przedsiebiorstwo Produkoyjno Uslugowo Handlowe 'DREWPOL`, PL-98277 Braszewice- PTN Kruklanki Sp. Z.o.o., PL-11612 Kruklanki- WEDAM Spólka Cywilna, PL-83-322 Stezyca- 'AVEN` Sp. Z.o.o., PL-66-470 Kostrzyn- Import-Export Jan Sibinski, PL-63-524 Czajkow- 'Empol` s.c., PL-62-812 Jastrzebniki 37- P.P.H.U. 'Alk`, PL-73-240 Bierzwnik,in connection with the anti-dumping proceeding concerning imports of flat pallets of wood originating in Poland and falling within CN code ex 4415 20 20 10 are hereby accepted.Article 2 This acceptance shall take effect on the date of entry into force of Regulation (EC) No 2334/97.Done at Brussels, 7 November 1997.For the CommissionLeon BRITTANVice-President(1) OJ L 56, 6. 3. 1996, p. 1.(2) OJ L 317, 6. 12. 1996, p. 1.(3) OJ L 150, 7. 6. 1997, p. 4.(4) OJ L 225, 15. 8. 1997, p. 11.(5) OJ L 225, 15. 8. 1997, p. 13.(6) Doc. COM(97) 569. The proposal was subsequently adopted by the Council as Council Regulation (EC) No 2334/97 (see p. 1 of this Official Journal).