title: 2007/799/EC: Council Decision of 12 October 2006 on the signature, on behalf of the Community, of the Protocol on the Implementation of the Alpine Convention in the field of transport (Transport Protocol)

text:
               8.12.2007

               EN

               Official Journal of the European Union

               L 323/13

         COUNCIL DECISION
   of 12 October 2006
   on the signature, on behalf of the Community, of the Protocol on the Implementation of the Alpine Convention in the field of transport (Transport Protocol)
   (2007/799/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 71 in conjunction with Article 300 paragraph 2, first sentence of the first subparagraph thereof,
   Having regard to the proposal of the Commission,
   Whereas:

               (1)

               Promoting measures at international level to deal with regional and European problems hindering sustainable mobility in transport and resulting in risks to the environment is one of the objectives of the Community’s policy on transport.

               (2)

               The Council authorised the Commission on 14 May 1991 to participate, on behalf of the Community, in the negotiations on the Alpine Convention and the protocols thereto, in consultation with the Member States.

               (3)

               By Council Decision 96/191/EC (1), the Community concluded the Convention on the Protection of the Alps (Alpine Convention).

               (4)

               A Protocol on the Implementation of the Alpine Convention in the field of Transport, based on Article 2(2) and (3) of the Alpine Convention, was adopted on 24-26 May 2000 on the occasion of the 16th Meeting of the Standing Committee of the Alpine Convention.

               (5)

               The Transport Protocol provides a framework, based on the precautionary principle, the preventive principle and the polluter-pays principle, for ensuring sustainable mobility and protection of the environment, for all modes of transport, in the Alpine region.

               (6)

               The Transport Protocol, pursuant to Article 24 thereof, was open for signature by the Contracting Parties at the Ministerial meeting of the Alpine Convention held in Lucerne on 30 and 31 October 2000, and in the Republic of Austria, as the depository, thereafter.

               (7)

               Preponderant Community competence linked with the principle of unity in the international representation of the Community militate in favour of simultaneous signature and eventual deposit of the respective instruments of ratification or approval, if possible, by the Community and its Member States, which are contracting parties to the Convention.

               (8)

               It is convenient that the Protocol on the Implementation of the Alpine Convention in the field of Transport (Transport Protocol) be signed, on behalf of the Community, subject to subsequent conclusion,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The President of the Council is hereby authorised to designate the person or persons empowered to sign on behalf of the Community, subject to subsequent conclusion, the Protocol on the Implementation of the Alpine Convention in the field of Transport (Transport Protocol) and to confer upon them the powers necessary for that purpose.

      Done at Luxembourg, 12 October 2006.

            For the Council

            The President

         S. HUOVINEN

      (1)  OJ L 61, 12.3.1996, p. 31.
    ---documentbreak---

               8.12.2007

               EN

               Official Journal of the European Union

               L 323/15

         TRANSLATION
   PROTOCOL ON THE IMPLEMENTATION OF THE 1991 ALPINE CONVENTION IN THE FIELD OF TRANSPORT
   Transport protocol
   THE FEDERAL REPUBLIC OF GERMANY,
   THE FRENCH REPUBLIC,
   THE ITALIAN REPUBLIC,
   THE PRINCIPALITY OF LIECHTENSTEIN,
   THE PRINCIPALITY OF MONACO,
   THE REPUBLIC OF AUSTRIA,
   THE SWISS CONFEDERATION,
   THE REPUBLIC OF SLOVENIA,
   and
   THE EUROPEAN COMMUNITY —
   In accordance with their task, arising from the Convention on the Protection of the Alps (Alpine Convention) of 7 November 1991, of pursuing a comprehensive policy for the protection and the sustainable development of the Alpine region;
   In compliance with their obligations under Article 2(2) and (3) of the Alpine Convention;
   Aware that the ecosystems and landscapes of the Alpine region are particularly sensitive, that its geographical conditions and topography are likely to increase pollution and noise and that it contains unique natural resources and a unique cultural heritage;
   Aware that, without appropriate measures, transport and the environmental damage which it causes will continue to increase owing to the further integration of markets, socioeconomic development and leisure activities;
   Convinced that the local population must be able to determine its own social, cultural and economic development plan and take part in its implementation in the existing institutional framework;
   Aware that transport is not without an environmental impact and that the environmental damage it causes produces increasing negative effects on and risks to the ecology, health and safety, which need to be tackled through a common approach;
   Aware that enhanced safety measures are needed during the transport of hazardous materials;
   Aware of the need to make comprehensive arrangements for observation, research, the provision of information and consultation in order to establish the links between transport, health, environment and economic development and to make clear the need to reduce environmental damage;
   Aware that, in the Alpine region, a transport policy based on the principles of sustainability is in the interests of both the Alpine and extra-Alpine populations and that it is also necessary to preserve the Alpine regions as both a habitat and a natural and economic region;
   Aware that on the one hand the present potential of modes of transport is to some extent not used sufficiently and on the other hand not enough account is taken of the importance of infrastructures for more environmentally-friendly transport systems (such as railway transport, shipping and combined transport) or of the transnational compatibility and operability of the various means of transport, and that it is therefore necessary to optimise such transport systems by a major strengthening of the networks inside and outside the Alpine region;
   Aware that regional-planning and economic-policy decisions taken inside and outside the Alpine region have major repercussions for the development of Alpine transport;
   Desiring to make a decisive contribution to sustainable development and to improvement of the quality of life by reducing the volume of traffic, managing transport in a more environmentally-friendly manner and increasing the effectiveness and efficiency of existing transport systems;
   Convinced that it is necessary to balance economic interests, social needs and environmental requirements;
   With due regard for the bilateral and multilateral conventions concluded between the Contracting Parties and the European Community, in particular in the field of transport;
   Convinced that certain problems can only be resolved in a cross-border framework and require joint measures on the part of the Alpine States —
   HAVE AGREED AS FOLLOWS:
   CHAPTER I
   GENERAL PROVISIONS
   Article 1
   Objectives
   1.   The Contracting Parties undertake to pursue a sustainable transport policy which will:

               (a)

               reduce the negative effects of and risks posed by intra-Alpine and transalpine transport to a level which is not harmful to people, flora and fauna and their environments and habitats, inter alia, by transferring an increasing amount of transport, especially freight transport, to the railways, in particular by creating appropriate infrastructures and incentives in line with market principles;

               (b)

               contribute to the sustainable development of the habitats and economic areas in which people living in the Alpine region dwell and work by implementing a transport policy which encompasses all modes of transport and is harmonised between the various Contracting Parties;

               (c)

               help to reduce and, as far as possible, avoid any impact which might endanger the role and natural resources of the Alpine region, the importance of which goes beyond the boundaries of the Alpine areas, and threaten its natural and cultural heritage;

               (d)

               ensure the movement of intra-Alpine and transalpine transport at economically bearable costs by increasing the efficiency of transport systems and promoting modes of transport which are more environmentally-friendly and more economic in terms of natural resources;

               (e)

               ensure fair competition between modes of transport.

         2.   The Contracting Parties undertake to develop the transport sector while observing the precautionary principle, the preventive principle and the polluter-pays principle.
   Article 2
   Definitions
   For the purposes of this Protocol:

               ‘Transalpine transport’ is transport made up of journeys whose points of departure and arrival are outside the Alpine region.

               ‘Intra-Alpine transport’ is transport made up of journeys whose points of departure and arrival are inside the Alpine region (inland transport) including transport made up of journeys whose points of departure or arrival are inside the Alpine region.

               ‘Bearable negative effects and risks’ are negative effects and risks to be defined through environmental-impact assessment and risk analysis with the aim of putting an end to any further increase in negative effects and risks and, where necessary, reducing them by means of appropriate measures in the case of both new building works and existing infrastructures which have a significant impact on the land.

               ‘External costs’ are costs which are not borne by the user of goods or services. They include the costs of infrastructure where use is free, the costs of environmental pollution and noise and the costs of damage to people and property caused by transport.

               ‘New, large-scale building works, or major alterations or extensions of existing transport infrastructures’ are infrastructure projects having effects which, in accordance with national impact assessment legislation or international conventions in force, are subject to an environmental impact assessment.

               ‘Large-capacity roads’ are all motorways and roads with two or more lanes, without intersections, or any road the traffic impact of which is similar to that of a motorway.

               ‘Environmental quality objectives’ are objectives which describe the environmental quality level to be attained, with due regard for the effects on ecosystems. They lay down (updateable) quality criteria for the protection of the natural and cultural heritage from a material, geographical and time-related viewpoint.

               ‘Environmental quality standards’ are specific standards which enable the environmental quality objectives to be met. They determine the objectives applicable to certain parameters, the measuring procedures or the overall requirements.

               ‘Environmental quality indicators’ are indicators which make it possible to measure or evaluate the present state of environmental damage and to forecast any change.

               ‘The precautionary principle’ is the principle whereby measures intended to avoid, control or reduce serious or irreversible effects on health and the environment should not be postponed by arguing that scientific research has not yet strictly proven the existence of a cause-and-effect relationship between the substances concerned and their potential harmfulness to health and the environment.

               ‘The “polluter-pays” principle’, including the acceptance of liability for effects caused, is the principle whereby the costs of preventing, controlling and reducing environmental damage and restoring the environment to an acceptable state are to be paid by polluters. The latter should, as far as possible, pay the entire cost of the impact of transport on health and the environment.

               ‘Advisability study’ is an investigation, in accordance with national laws, during the planning of new, large-scale building works, or major alterations or extensions of existing transport infrastructures concerning the advisability of projects from the angle of both transport policy and economic, environmental and socio-cultural impact.

         Article 3
   Sustainable transport and mobility
   1.   To enable transport to develop in a sustainable manner, the Contracting Parties undertake to contain, by means of a concerted transport and environmental policy, the negative effects and risks due to transport by taking account of:

               (a)

               the importance of the environment so that:

                           (aa)

                           the use of natural resources is reduced to a level which, as far as possible, does not exceed their natural capacity for regeneration;

                           (bb)

                           harmful emissions are reduced to a level which is not detrimental to the absorption capacity of the environments concerned;

                           (cc)

                           the input of substances into the environment is limited so as to avoid harming environmental structures and natural materials cycles;

               (b)

               the requirements of the population so as to:

                           (aa)

                           allow accessibility for persons, labour, goods and services, while effectively preserving the environment, saving energy and space and meeting the essential needs of the population;

                           (bb)

                           avoid endangering human health and reduce the risks of environmental disasters and the number and severity of accidents;

               (c)

               the importance of economic criteria so as to:

                           (aa)

                           increase the profitability of the transport sector and internalise external costs;

                           (bb)

                           encourage optimum use of existing infrastructures;

                           (cc)

                           guarantee employment in undertakings which are performing well in the various sectors of the economy;

               (d)

               the need to take enhanced measures against noise because of the special topography of the Alps.

         2.   In keeping with the national and international transport legislation in force, the Contracting Parties undertake to develop national, regional and local strategies, objectives and measures which:

               (a)

               take account of the different environmental, economic and socio-cultural data and different needs;

               (b)

               make it possible to reduce environmental damage due to transport by putting in place economic tools combined with measures for regional and transport planning.

         Article 4
   Taking the objectives into account in other policies
   1.   The Contracting Parties undertake to take account of the objectives of this Protocol in their other policies as well.
   2.   The Contracting Parties undertake to anticipate and evaluate the effects of other policies, strategies and concepts on transport.
   Article 5
   Participation of regional and local authorities
   1.   The Contracting Parties shall encourage international cooperation between the competent institutions in order to find the best possible cross-border harmonised solutions.
   2.   Each Contracting Party shall define, within its institutional framework, the best level of coordination and cooperation between the institutions and regional and local authorities directly concerned so as to encourage solidarity of responsibility, in particular in order to exploit and develop synergies when implementing transport policies and the resulting measures.
   3.   The regional and local authorities directly concerned shall be parties to the various stages of preparing and implementing these policies and measures within the limits of their competence and within the existing institutional framework.
   Article 6
   Reinforced national regulations
   In order to protect the ecologically sensitive Alpine region and without prejudice to international conventions in force, the Contracting Parties may take measures going beyond those provided for in this Protocol because of special situations relating in particular to their natural areas or on grounds of public health, safety or protection of the environment.
   CHAPTER II
   SPECIFIC MEASURES
   (A)   STRATEGIES, CONCEPTS, PROJECTS
   Article 7
   General transport-policy strategy
   1.   In order to ensure sustainability, the Contracting Parties undertake to promote rational, safe transport management in a harmonised, cross-border network that:

               (a)

               ensures coordination between different carriers, modes and types of transport and encourages intermodality;

               (b)

               optimises the use of existing transport systems and infrastructures in the Alps, including through the use of electronic data transmission, and charges external and infrastructure costs to polluters in line with the damage caused;

               (c)

               encourages, by means of structural and regional planning measures, the transfer of the carriage of passengers and goods to more environmentally-friendly means of transport and to intermodal transport systems;

               (d)

               recognises and utilises the opportunities for reducing traffic volume.

         2.   The Contracting Parties undertake to adopt the necessary measures so as to ensure as far as possible:

               (a)

               the protection of communication routes against natural hazards;

               (b)

               in areas particularly damaged by transport, the protection of persons and of the environment;

               (c)

               the gradual reduction of emissions of harmful substances and noise by all modes of transport, including through the use of the best technologies available;

               (d)

               greater transport safety.

         Article 8
   Evaluation and intergovernmental consultation procedure
   1.   In the case of new, large-scale building works and major alterations or extensions of existing transport infrastructures, the Contracting Parties undertake to carry out advisability studies, environmental impact assessments and risk analyses and to evaluate the results in the light of the objectives of this Protocol.
   2.   The planning of transport infrastructure in the Alps must be carried out in a coordinated, concerted manner. In the case of projects with a significant cross-border impact, each Contracting Party undertakes to carry out, at the latest once the studies have been presented, prior consultations with the other Contracting Parties concerned. These provisions shall be without prejudice to the right of each Contracting Party to construct transport infrastructure which has been adopted in accordance with their internal legal order at the time of adoption of this Protocol or the need for which has been established in accordance with the law.
   3.   The Contracting Parties shall encourage the increased consideration of transport policy in the environmental management of undertakings in their countries.
   (B)   TECHNICAL MEASURES
   Article 9
   Public transport
   In order to maintain and improve the settlement pattern and the economic organisation of the Alps as well as their attractiveness for recreation and leisure purposes in a sustainable manner, the Contracting Parties undertake to encourage the creation and development of user-friendly, environmentally-adapted public transport systems.
   Article 10
   Rail transport and shipping
   1.   In order to make better use of the particular suitability of the railways for meeting the requirements of long-distance transport, and use of the railway network for economic activity and tourism in the Alps, the Contracting Parties shall, within the limit of their competences, promote:

               (a)

               the improvement of railway infrastructure by constructing and developing the major transalpine railway routes, including connecting routes and suitable terminals;

               (b)

               the further optimisation and modernisation of railway undertakings, in particular for cross-border transport;

               (c)

               the adoption of measures designed in particular to transfer the long-distance carriage of goods to rail and to further harmonise transport-infrastructure user charges;

               (d)

               intermodal transport systems and the further development of rail transport;

               (e)

               the increased use of rail and the creation of user-friendly synergies between long-distance passenger transport, regional transport and local transport.

         2.   In order to reduce the volume of transit goods carried by land, the Contracting Parties shall encourage additional efforts to increase the use of shipping.
   Article 11
   Road transport
   1.   The Contracting Parties shall refrain from constructing any new, large-capacity roads for transalpine transport.
   2.   Large-capacity road projects for intra-Alpine transport may be carried out only if:

               (a)

               the objectives set out in Article 2(2)(j) of the Alpine Convention can be attained by means of appropriate precautionary and compensatory measures as determined by the environmental impact assessment;

               (b)

               the transport requirements cannot be met by making better use of existing road and railway capacity, by extending or constructing new railway transport and shipping infrastructures, by improving combined transport, or by any other transport organisation measures;

               (c)

               the results of the advisability study have shown that the project is economically viable, the risks are contained and the result of the environmental impact assessment is positive;

               (d)

               regional planning and/or programmes and sustainable development are taken into consideration.

         3.   However, in view of the geography and the settlement pattern of the Alpine region, which cannot always be efficiently served by public transport alone, the Contracting Parties shall recognise the need, in these remote areas, to create and maintain sufficient transport infrastructures for private transport to function.
   Article 12
   Air transport
   1.   The Contracting Parties undertake to reduce as far as possible the environmental damage caused by air transport, including aircraft noise, without transferring it to other regions. Taking account of the objectives of this Protocol, they shall make efforts to limit or, where appropriate, prohibit airdrops in places other than airfields. In order to protect the wild fauna, the Contracting Parties shall take appropriate measures to impose time and place limits on non-motorised air transport for leisure purposes.
   2.   The Contracting Parties undertake to improve public transport systems from airports on the fringes of the Alps to the various Alpine regions so as to be able to satisfy transport demand without further damage to the environment. In this context, the Contracting Parties shall restrict as far as possible the construction of new airports and any major extension of existing airports in the Alps.
   Article 13
   Tourist facilities
   1.   The Contracting Parties undertake to evaluate, in the light of the objectives of this Protocol, the transport impact of new tourist facilities and, if necessary, to take precautionary or compensatory measures to fulfil the objectives of this or other Protocols. Priority shall be given in this case to public transport.
   2.   The Contracting Parties shall support the creation and maintenance of low-traffic and traffic-free areas, the exclusion of cars from certain tourist sites and measures to encourage tourists not to arrive by car or use cars.
   Article 14
   Real costs
   In an attempt to influence the routing of transport by taking greater account of the real costs of the various transport modes, the Contracting Parties agree to apply the ‘polluter-pays’ principle and to support the establishment and use of a system to calculate infrastructure costs and external costs. The objective is gradually to introduce transport-specific charging systems to cover such real costs in an equitable manner and to:

               (a)

               encourage the use of the most environmentally-friendly modes and means of transport;

               (b)

               achieve a more balanced use of transport infrastructure;

               (c)

               provide incentives to make more use of opportunities for the reduction of environmental and socioeconomic costs by means of structural and regional planning measures which have an impact on transport.

         (C)   MONITORING AND CONTROL
   Article 15
   Supply and use of transport infrastructure
   1.   The Contracting Parties undertake to record and periodically update in a reference document the state, development, and use of or improvement in large-capacity transport infrastructure and transport systems and the reduction in environmental damage. They shall use a uniform presentation for this purpose.
   2.   On the basis of the above reference document, the Contracting Parties shall consider the extent to which implementing measures have contributed to the achievement and further development of the objectives of the Alpine Convention and, in particular, this Protocol.
   Article 16
   Environmental quality objectives, standards and indicators
   1.   The Contracting Parties shall lay down and implement environmental quality objectives for the establishment of sustainable transport.
   2.   They agree on the need to have suitable standards and indicators for the specific requirements of the Alpine region.
   3.   The application of these standards and indicators is intended to measure damage to the environment and health caused by transport.
   CHAPTER III
   COORDINATION, RESEARCH, TRAINING AND INFORMATION
   Article 17
   Coordination and information
   The Contracting Parties agree, where necessary, to hold joint meetings in order to:

               (a)

               evaluate the impact of measures taken under this Protocol;

               (b)

               consult each other prior to any major transport-policy decisions which are likely to have an impact on the other Contracting States;

               (c)

               encourage exchanges of information on the implementation of this Protocol, giving priority to the use of existing information systems;

               (d)

               reach agreement prior to any major transport-policy decisions, in particular in order to incorporate them in a harmonised cross-border regional planning policy.

         Article 18
   Research and observation
   1.   The Contracting Parties shall cooperate closely in encouraging and harmonising research on and systematic observation of the interaction between transport and the environment in the Alps and specific technological developments which will increase the economic efficiency of environmentally-friendly transport systems.
   2.   The results of the joint research and observation shall be duly taken into account when reviewing the implementation of this Protocol, in particular in order to devise methods and criteria for defining sustainable traffic development.
   3.   The Contracting Parties shall ensure that the various results of national research and systematic observation are included in a common permanent observation and information system and that they are made accessible to the public under the existing institutional framework.
   4.   The Contracting Parties shall support pilot projects for the implementation of sustainable transport concepts and technologies.
   5.   The Contracting Parties shall support research into the applicability of methods for intermodal strategic environmental impact assessment in the Alps.
   Article 19
   Training and provision of information to the public
   The Contracting Parties shall encourage basic and further training and the provision of information to the public on the objectives, measures and implementation of this Protocol.
   CHAPTER IV
   MONITORING AND EVALUATION
   Article 20
   Implementation
   The Contracting Parties undertake to ensure the implementation of this Protocol by taking any appropriate measures within the existing institutional framework.
   Article 21
   Monitoring of compliance with Protocol obligations
   1.   The Contracting Parties shall regularly report to the Standing Committee on measures taken under this Protocol. The reports shall also cover the effectiveness of the measures taken. The Alpine Conference shall determine the intervals at which the reports must be submitted.
   2.   The Standing Committee shall examine these reports in order to ensure that the Contracting Parties have fulfilled their obligations arising from this Protocol. It may also ask for additional information from the Contracting Parties concerned or have recourse to other information sources.
   3.   The Standing Committee shall draw up a report on compliance by the Contracting Parties with the obligations arising from this Protocol, for the attention of the Alpine Conference.
   4.   The Alpine Conference shall take note of this report. If it finds that obligations have not been met, it may adopt recommendations.
   Article 22
   Evaluation of the effectiveness of the provisions
   1.   The Contracting Parties shall regularly examine and evaluate the effectiveness of the provisions of this Protocol. They shall initiate appropriate amendments to this Protocol where necessary in order to achieve objectives.
   2.   The regional and local authorities shall be associated with this evaluation within the existing institutional framework. Non-governmental organisations active in this field may be consulted.
   CHAPTER V
   FINAL PROVISIONS
   Article 23
   Links between the Alpine Convention and the Protocol
   1.   This Protocol constitutes a Protocol to the Alpine Convention within the meaning of Article 2 and any other relevant articles of the Convention.
   2.   Only Contracting Parties to the Alpine Convention may become a party to this Protocol. Any denunciation of the Alpine Convention also implies denunciation of this Protocol.
   3.   Where the Alpine Conference discusses matters relating to this Protocol, only the Contracting Parties to this Protocol may take part in the vote.
   Article 24
   Signature and ratification
   1.   This Protocol shall be open for signature by the signatory States of the Alpine Convention and by the European Community on 31 October 2000 and in the Republic of Austria, as the depositary, from 6 November 2000.
   2.   This Protocol shall enter into force for the Contracting Parties which have expressed their agreement to be bound by the said Protocol three months after the date on which three States have deposited their instruments of ratification, acceptance or approval.
   3.   For Parties which later express their agreement to be bound by the Protocol, the Protocol shall enter into force three months after the date of deposit of the instrument of ratification, acceptance or approval. After the entry into force of an amendment to the Protocol, any new Contracting Party to the said Protocol shall become a Contracting Party to the Protocol, as amended.
   Article 25
   Notification
   The depositary shall, in respect of this Protocol, notify each State referred to in the Preamble and the European Community of:

               (a)

               any signature;

               (b)

               the deposit of any instrument of ratification, acceptance or approval;

               (c)

               any date of entry into force;

               (d)

               any declaration made by a Contracting Party or signatory;

               (e)

               any denunciation notified by a Contracting Party, including the date on which it becomes effective.

      In witness whereof, the undersigned, being duly authorised thereto, have signed this Protocol.
      Done at Lucerne this thirty-first day of October two thousand, in the French, German, Italian and Slovene languages, the four texts being equally authentic, in a single original which shall be deposited in the Austrian State Archives. The depositary shall send a certified copy to each of the signatory States.

         For the Federal Republic of Germany,
         For the French Republic,
         For the Italian Republic,
         For the Principality of Liechtenstein,
         For the Principality of Monaco,
         For the Republic of Austria,
         For the Swiss Confederation,
         For the Republic of Slovenia,
         For the European Community.


title: Council Decision (EU) 2017/1793 of 15 September 2017 amending Decision (EU) 2017/1792 on the signing, on behalf of the Union, and provisional application of the Bilateral Agreement between the European Union and the United States of America on prudential measures regarding insurance and reinsurance

text:
               6.10.2017

               EN

               Official Journal of the European Union

               L 258/3

         COUNCIL DECISION (EU) 2017/1793
   of 15 September 2017
   amending Decision (EU) 2017/1792 on the signing, on behalf of the Union, and provisional application of the Bilateral Agreement between the European Union and the United States of America on prudential measures regarding insurance and reinsurance
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 read in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 21 April 2015, the Council authorised the Commission to open negotiations with the United States of America for an Agreement on reinsurance. The negotiations were successfully concluded by an exchange of letters between the lead negotiators on 12 January 2017.

               (2)

               The Agreement should be signed on behalf of the European Union in English, subject to its conclusion at a later date. For this purpose, Decision (EU) 2017/1792 (1) should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision (EU) 2017/1792 is amended as follows:

               (1)

               Article 2 is replaced by the following:
               ‘Article 2
               The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union as well as the exchange of letters between the European Union and the United States of America concerning language arrangements. The signature of the Agreement shall take place together with the signature of the exchange of letters.’;

               (2)

               the following article is inserted:
               ‘Article 3a
               The Agreement shall be signed in English. Pursuant to Union law, the Agreement is also drawn up by the Union in the Bulgarian, Croatian, Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages. These additional language versions should be authenticated by an exchange of diplomatic notes between the European Union and the United States of America. All authenticated versions shall be of equal value.’.

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

      Done at Brussels, 15 September 2017.

            For the Council

            The President

         M. MAASIKAS

      (1)  Council Decision (EU) 2017/1792 of 29 May 2017 on the signing, on behalf of the Union, and provisional application of the Bilateral Agreement between the European Union and the United States of America on prudential measures regarding insurance and reinsurance (see page 1 of this Official Journal).


title: Decision (EU) 2016/1573 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/368

         DECISION (EU) 2016/1573 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Union Agency for Fundamental Rights for the financial year 2014, together with the Agency’s reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0064/2016),

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (4), and in particular Article 21 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),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

               having regard to Rule 94 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 Civil Liberties, Justice and Home Affairs (A8-0108/2016),

               1.

               Grants the Director of the European Union Agency for Fundamental Rights discharge in respect of the implementation of the Agency’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Director of the European Union Agency for Fundamental Rights, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 334.

      (2)  See footnote 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 53, 22.2.2007, p. 1.

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

      (6)  OJ L 328, 7.12.2013, p. 42.


Avis juridique important

|

31988D0089

88/89/EEC: Council Decision of 22 February 1988 concerning the conclusion of a supplementary protocol to the Agreement establishing an Association between the European Economic Community and Turkey

Official Journal L 053 , 27/02/1988 P. 0090 - 0090 Finnish special edition: Chapter 3 Volume 26 P. 0059  Swedish special edition: Chapter 3 Volume 26 P. 0059

*****COUNCIL  DECISION  of 22 February 1988  concerning the conclusion of a supplementary protocol to the Agreement establishing an Association between the European Economic Community and Turkey  (88/89/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 238 thereof,  Having regard to the recommendation from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas the Supplementary Protocol to the Agreement establishing an Association between the European Economic Community and Turkey (2) signed in Ankara on 12 September 1963, should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Supplementary Protocol to the Agreement establishing an Association between the European Economic Community and Turkey is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision.  Article 2  The President of the Council shall give the notification provided for in Article 4 of the Protocol (3).  Article 3  This Decision shall take effect on the day following its publication in the Official Journal of the European Communities.  Done at Brussels, 22 February 1988.  For the Council  The President  H.-D. GENSCHER  (1) Opinion delivered on 20 January 1988 (not yet published in the Official Journal).  (2) OJ No 217, 29. 12. 1964, p. 3687/64.  (3) The date of entry into force of the Protocol will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: 2007/394/EC: Commission Decision of 7 June 2007 amending Council Directive 90/377/EEC with regard to the methodology to be applied for the collection of gas and electricity prices charged to industrial end-users   (Text with EEA relevance)

text:
               9.6.2007

               EN

               Official Journal of the European Union

               L 148/11

      COMMISSION DECISION

   of 7 June 2007
   amending Council Directive 90/377/EEC with regard to the methodology to be applied for the collection of gas and electricity prices charged to industrial end-users
   (Text with EEA relevance)
   (2007/394/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 90/377/EEC concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Directive 90/377/EEC sets out details concerning the form, content and all other features of the information to be provided by undertakings which supply gas or electricity to industrial end-users.

               (2)

               The methodology used to collect price information needs to be kept up to date to reflect the reality of competitive markets for electricity and gas developed under Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC (2) and Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (3), including the fact that several suppliers are now active in each market.

               (3)

               Directive 90/377/EEC should therefore be amended accordingly.

               (4)

               The measures provided for in this Decision are in accordance with the opinion of the Committee referred to in Article 7 of Directive 90/377/EEC,

         DECIDES:
   Article 1
   The Annexes to Directive 90/377/EEC are replaced by the text in the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 7 June 2007.

            For the Commission

         Andris PIEBALGS

            Member of the Commission

      (1)  OJ L 185, 17.7.1990, p. 16 to 24. Directive as last amended by Directive 2006/108/EC (OJ L 363, 20.12.2006, p. 414).

      (2)  OJ L 176, 15.7.2003, p. 37. Directive as last amended by Council Decision 2006/653/EC (OJ L 270, 29.9.2006, p. 72).

      (3)  OJ L 176, 15.7.2003, p. 57.

      ANNEX
      ‘
            ANNEX I
            GAS PRICES
            Gas prices for industrial end-users (1) to be collected and compiled according to the following methodology:

                        (a)

                        Prices to be reported are prices paid by industrial end-users buying natural gas distributed through mains for their own use.

                        (b)

                        All industrial uses of gas are considered. However, the system excludes consumers who use gas:

                                    —

                                    for electricity generation in power plants or in CHP plants,

                                    —

                                    in non-energy uses (e.g. in the chemical industry),

                                    —

                                    above 4 000 000 gigajoule (GJ) per year.

                        (c)

                        Prices recorded to be based on a system of standard consumption bands defined by a range of annual gas consumption.

                        (d)

                        Prices will be collected twice per year, at the beginning of each six-month period, (January and July) and will refer to the average prices paid by industrial end-users for gas over the previous six months. The first communication of price data to the Statistical Office of the European Communities will refer to the situation on 1 January 2008.

                        (e)

                        Prices must be expressed in national currency per gigajoule. The unit of energy used is measured on the basis of the gross calorific value (GCV).

                        (f)

                        Prices must include all charges payable: network charges plus energy consumed minus any rebates or premiums, plus other charges (meter rental, standing charges, etc.). Initial connection charges are not to be included.

                        (g)

                        Prices are to be recorded as national average prices.

                        (h)

                        The Member States develop and implement cost-effective procedures to ensure a representative data compilation system based on the following rules:

                                    —

                                    Prices will represent weighted average prices, using the market shares of the gas supply undertakings surveyed as weighting factors. Arithmetic average prices will be provided only when weighted figures cannot be calculated. In either case, Member States will ensure that a representative share of the national market is covered by the survey.

                                    —

                                    Market shares should be based on the quantity of gas invoiced by the gas supply undertakings to industrial end-users. If possible, the market shares will be calculated separately for each band. The information used for calculating weighted average prices will be managed by Member States, respecting confidentiality rules.

                                    —

                                    In the interest of confidentiality, data relating to prices will be communicated only where there are, in the Member State concerned, at least three end-users in each of the categories referred to under point (j).

                        (i)

                        Three levels of prices are to be provided:

                                    —

                                    Prices excluding taxes and levies.

                                    —

                                    Prices excluding VAT and other recoverable taxes.

                                    —

                                    Prices including all taxes, levies and VAT.

                        (j)

                        Gas prices will be surveyed for the following categories of industrial end-user:

                                    Industrial End-User

                                    Annual gas consumption (GJ)

                                    Lowest

                                    Highest

                                    Band-I1

                                    < 1 000

                                    Band-I2

                                    1 000

                                    < 10 000

                                    Band-I3

                                    10 000

                                    < 100 000

                                    Band-I4

                                    100 000

                                    < 1 000 000

                                    Band-I5

                                    1 000 000

                                    <= 4 000 000

                        (k)

                        Once every two years, together with the January price reporting, information about the compilation system applied will be communicated to the Statistical Office of the European Communities and particularly: a description of the survey and its scope (number of supply undertakings surveyed, aggregated percentage of the market represented, etc.) and the criteria used to calculate weighted average prices as well as the aggregated consumption volumes represented by each band. The first communication related to the compilation system shall concern the situation on 1 January 2008.

                        (l)

                        Once per year, together with the January price reporting, information about the main average characteristics and factors affecting the prices reported for each consumption band will be communicated to the Statistical Office of the European Communities.
                        The information will include:

                                    —

                                    Average load factors for industrial end-users corresponding to each consumption band calculated on the basis of the total energy supplied and average maximum demand.

                                    —

                                    A description on discounts given for interruptible supplies.

                                    —

                                    A description of standing charges, meter rentals or any other charges relevant at national level.

                        (m)

                        Once per year, together with the January reporting, the rates and method of calculation as well as a description of the taxes levied on gas sales to industrial end-users should also be reported. The description must include any non-tax levy covering system costs and public service obligations.
                        The description of taxes to be provided will include three clearly separated sections:

                                    —

                                    Taxes, levies, non-tax levies, fees and any other fiscal charges not identified in the invoices provided to industrial end-users. The items described under this point will be included under the reported figures for the price level: “Prices excluding taxes and levies”.

                                    —

                                    Taxes and levies identified in the invoices provided to industrial end-users and considered as non-recoverable. The items described under this point will therefore be included under the reported figures for the price level: “Prices excluding VAT and other recoverable taxes”.

                                    —

                                    Value Added Tax (VAT) and other recoverable taxes identified in the invoices provided to industrial end-users. The items described under this point will be included under the reported figures for the price level: “Prices including all taxes, levies and VAT”.

                              An outline of the different taxes, levies, non-tax levies, fees and fiscal charges applicable are:

                                    —

                                    Value Added Tax.

                                    —

                                    Concession fees. This usually refers to licences and fees for the occupation of land and public or private property by networks or other gas devices.

                                    —

                                    Environmental taxes or levies. This usually refers either to the promotion of renewable energy sources or CHP or as a burden for CO2, SO2 or another agent emissions related to climate change.

                                    —

                                    Other taxes or levies linked with the energy sector: public service obligations/charges, levies to financing energy regulatory authorities, etc.

                                    —

                                    Other taxes or levies not linked with the energy sector: national, local or regional fiscal taxes on energy consumed, taxes on gas distribution, etc.

                              Taxes on income, property related taxes, oil for motor cars, road taxes, taxes on licences for telecom, radio, advertising, fees for licences, taxes on waste, etc. will not be taken into consideration and are excluded from this description, because they are undoubtedly part of the operators costs and apply also to other industries or activities.

                        (n)

                        In Member States where one company covers all the industrial sales, the information may be communicated by that company. In Member States where more than one company operates, the information should be communicated by an independent statistical body.

            ANNEX II
            ELECTRICITY PRICES
            Electricity prices for industrial end-users (2) to be collected and compiled according to the following methodology:

                        (a)

                        Prices to be reported are prices paid by industrial end-users buying electricity for their own use.

                        (b)

                        All industrial uses of electricity are considered.

                        (c)

                        Prices recorded to be based on a system of standard consumption bands defined by a range of annual electricity consumption.

                        (d)

                        Prices will be collected twice per year, at the beginning of each six-month period, (January and July) and will refer to the average prices paid by the industrial end-user for electricity over the previous six months. The first communication of price data to the Statistical Office of the European Communities will refer to the situation on 1 January 2008.

                        (e)

                        Prices must be expressed in national currency per kWh.

                        (f)

                        Prices must include all charges payable: network charges plus energy consumed minus any rebates or premiums, plus other charges (capacity charges, commercialisation, meter rental, etc.). Initial connection charges are not to be included.

                        (g)

                        Prices are to be recorded as national average prices.

                        (h)

                        The Member States develop and implement cost-effective procedures to ensure a representative data compilation system based on the following rules:

                                    —

                                    Prices will represent weighted average prices, using the market share of the electricity supply undertakings surveyed as weighting factors. Arithmetic average prices will be provided only when weighted figures cannot be calculated. In either case, Member States will ensure that a representative share of the national market is covered in the survey.

                                    —

                                    Market shares should be based on the quantity of electricity invoiced by electricity supply undertakings to industrial end-users. If possible, the market shares will be calculated separately for each band. The information used for calculating weighted average prices will be managed by Member States, respecting confidentiality rules.

                                    —

                                    In the interest of confidentiality, data relating to prices will be communicated only where there are, in the Member State concerned, at least three end-users in each of the categories referred to under point (j).

                        (i)

                        Three levels of prices are to be provided:

                                    —

                                    Prices excluding taxes and levies.

                                    —

                                    Prices excluding VAT and other recoverable taxes.

                                    —

                                    Prices including all taxes, levies and VAT.

                        (j)

                        Electricity prices will be surveyed for the following categories of industrial end-user:

                                    Industrial End-User

                                    Annual electricity consumption (MWh)

                                    Lowest

                                    Highest

                                    Band-IA

                                    < 20

                                    Band-IB

                                    20

                                    < 500

                                    Band-IC

                                    500

                                    < 2 000

                                    Band-ID

                                    2 000

                                    < 20 000

                                    Band-IE

                                    20 000

                                    < 70 000

                                    Band-IF

                                    70 000

                                    <= 150 000

                        (k)

                        Once every two years, together with the January price reporting, information about the compilation system applied will be communicated to the Statistical Office of the European Communities and particularly: a description of the survey and its scope (number of supply undertakings surveyed, aggregated percentage of the market represented, etc.) and the criteria used to calculate the weighted average prices as well as the aggregated consumption volumes represented by each band. The first communication related to the compilation system shall concern the situation on 1 January 2008.

                        (l)

                        Once per year, together with the January price reporting, information about the main average characteristics and factors affecting the prices reported for each consumption band will be communicated to the Statistical Office of the European Communities.
                        The information to be provided will include:

                                    —

                                    Average load factors for industrial end-users corresponding to each consumption band calculated on the basis of the total energy supplied and average maximum demand.

                                    —

                                    A table indicating the voltage limits per country.

                                    —

                                    A description of standing charges, meter rentals or any other charges relevant at national level.

                        (m)

                        Once per year, together with the January price reporting, the rates and method of calculation as well as a description of the taxes levied on electricity sales to industrial end-users should be reported. The description must include any non-tax levy covering system costs and public service obligations.
                        The description on taxes to be provided will include three clearly separated sections:

                                    —

                                    Taxes, levies, non-tax levies, fees and any other fiscal charges not identified in the invoices provided to industrial end-users. The items described under this point will be included under the reported figure for the price level: “Prices excluding taxes and levies”.

                                    —

                                    Taxes and levies identified in the invoices provided to industrial end-users and considered as non-recoverable. The items described under this point will be included under the reported figures for the price level: “Prices excluding VAT and other recoverable taxes”.

                                    —

                                    Value Added Tax (VAT) and other recoverable taxes identified in the invoices provided to industrial end-users. The items described under this point will be included under the reported figures for the price level: “Prices including all taxes, levies and VAT”.

                              An outline of the different taxes, levies, non-tax levies, fees and fiscal charges that can be applicable are:

                                    —

                                    Value Added Tax.

                                    —

                                    Concession fees. This usually refers to licences and fees for the occupation of land and public or private property by networks or other electricity devices.

                                    —

                                    Environmental taxes or levies. This usually refers either to the promotion of renewable energy sources or CHP, or as a burden for CO2, SO2 or another agents emissions related with the climate change.

                                    —

                                    Nuclear and other Inspection taxes: nuclear decommissioning charges, inspection and fees for nuclear installations, etc.

                                    —

                                    Other taxes or levies linked with the energy sector: public service obligations/charges, levies to financing energy regulatory authorities, etc.

                                    —

                                    Other taxes or levies not linked with the energy sector: national, local or regional fiscal taxes on energy consumed, taxes on electricity distribution, etc.

                              Taxes on income, property related taxes, excise duties on oil products and fuels other than for electricity generation, oil for motor cars, road taxes, taxes on licences for telecom, radio, advertising, fees for licences, taxes on waste, etc. will not be taken into consideration and are excluded from this description, because they are undoubtedly part of the operators costs and apply to other industries or activities.

                        (n)

                        Once per year, together with the January price reporting, a breakdown of electricity prices into their main components will be communicated to the Statistical Office of the European Communities. This breakdown of electricity prices into their main components will be based on the following methodology:
                        The complete price for electricity per consumption band can be considered as the global sum of “Network” prices, “Energy and Supply” prices (i.e. from generation to commercialisation, except networks) and all taxes and levies.

                                    —

                                    “Network” price is the ratio between the revenue related to transmission and distribution tariffs and (if possible) the corresponding volume of kWh per consumption band. If separate volumes of kWh per band are not available, estimates should be provided.

                                    —

                                    “Energy and Supply” price, is the total price minus the “Network” price and minus all taxes and levies.

                                    —

                                    Taxes and levies. For this component an additional breakdown will be provided:

                                                —

                                                Taxes and levies on “Network” prices.

                                                —

                                                Taxes and levies on “Energy and Supply” prices.

                                                —

                                                VAT and other recoverable taxes.

                              NOTE: If complementary services are identified separately, then they can be allocated into one of the two main components as follows:

                                    —

                                    “Network” price will include the following costs: transmission and distribution tariffs, transmission and distribution losses, network costs, after-sale services, system service costs and meter rental.

                                    —

                                    “Energy and Supply” price will include the following costs: generation, aggregation, balancing energy, supplied energy costs, customer services, after-sales management, metering, and other supply costs.

                                    —

                                    Other specific costs. This item represents costs which are neither network costs nor Energy and Supply costs nor taxes. If this kind of costs exists, they will be reported separately.

                        (o)

                        In Member States where one company covers all the industrial sales, the information may be communicated by that company. In Member States where more than one company operates, the information should be communicated by an independent statistical body.

                  ’

         (1)  Industrial end-user may include other non-residential users

         (2)  Industrial end-user may include other non-residential user


title: Council Decision of 16 May 2013 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               5.6.2013

               EN

               Official Journal of the European Union

               C 159/1

         COUNCIL DECISION
   of 16 May 2013
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   (2013/000/)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nomination submitted to the Council by the Commission in the category of Employees' representatives,
   Whereas:

               (1)

               By its Decision of 16 July 2012 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2012 to 17 September 2015.

               (2)

               A member's seat is available for Spain on the Governing Board of the Centre in the category of Employees' representatives,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2015:
   REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS:

               SPAIN

               Mr Francisco Javier LÓPEZ

      Done at Brussels, 16 May 2013.

            For the Council

            The President

         R. QUINN

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 228, 31.7.2012, p. 3.


title: 2012/747/EU: Council Decision of 3 December 2012 on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Protocol 31 (on cooperation in specific fields outside the four freedoms) to the EEA Agreement

text:
               5.12.2012

               EN

               Official Journal of the European Union

               L 333/1

         COUNCIL DECISION
   of 3 December 2012
   on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Protocol 31 (on cooperation in specific fields outside the four freedoms) to the EEA Agreement
   (2012/747/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 189, in conjunction with Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

               (2)

               Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 thereto.

               (3)

               Protocol 31 to the EEA Agreement contains specific provisions and arrangements concerning cooperation in specific fields outside the four freedoms.

               (4)

               Regulation (EU) No 911/2010 of the European Parliament and of the Council of 22 September 2010 on the European Earth monitoring programme (GMES) and its initial operations (2011 to 2013) (3) was incorporated into the EEA Agreement by Decision of the EEA Joint Committee No 139/2012 (4).

               (5)

               Decision of the EEA Joint Committee No 139/2012 provided for the suspension of the applicability of Regulation (EU) No 911/2010 to Iceland, until otherwise decided by the EEA Joint Committee.

               (6)

               It is appropriate to terminate the suspension of the applicability of Regulation (EU) No 911/2010 to Iceland from 1 January 2013.

               (7)

               Protocol 31 to the EEA Agreement should therefore be amended accordingly.

               (8)

               The position of the Union in the EEA Joint Committee should be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted, on behalf of the European Union, in the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 3 December 2012.

            For the Council

            The President

         N. SYLIKIOTIS

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  OJ L 1, 3.1.1994, p. 3.

      (3)  OJ L 276, 20.10.2010, p. 1.

      (4)  OJ L 309, 8.11.2012, p. 21.

      DRAFT
      DECISION OF THE EEA JOINT COMMITTEE No …/2012
      of …
      amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,
      Whereas:

                  (1)

                  Regulation (EU) No 911/2010 of the European Parliament and of the Council of 22 September 2010 on the European Earth monitoring programme (GMES) and its initial operations (2011 to 2013) (1) was incorporated into the EEA Agreement by Decision of the EEA Joint Committee No 139/2012 (2).

                  (2)

                  The suspension of the applicability of Regulation (EU) No 911/2010 to Iceland should be terminated.

                  (3)

                  Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this termination to take effect from 1 January 2013,

            HAS ADOPTED THIS DECISION:
      Article 1
      In paragraph 8c of Article 1 of Protocol 31 to the EEA Agreement, adaptation (e) shall be deleted.
      Article 2
      This Decision shall enter into force on the day following the last notification to the EEA Joint Committee under Article 103(1) of the EEA Agreement (3).
      It shall apply from 1 January 2013.
      Article 3
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at …,

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L 276, 20.10.2010, p. 1.

         (2)  OJ L 309, 8.11.2012, p. 21.

         (3)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


title: 2011/33/EU: Council Decision of 8 November 2010 on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes

text:
               21.1.2011

               EN

               Official Journal of the European Union

               L 18/1

         COUNCIL DECISION
   of 8 November 2010
   on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes
   (2011/33/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114, 168, 169 and 172, Article 173(3), and Articles 188 and 192, in conjunction with Article 218(6)(a) and the first subparagraph of Article 218(8), thereof,
   Having regard to the proposal from the Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part (1), on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes (hereinafter referred to as ‘the Protocol’) was signed on behalf of the Union on 22 November 2010.

               (2)

               As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.

               (3)

               The Protocol should be concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes (2) (hereinafter referred to as ‘the Protocol’) is hereby approved on behalf of the European Union.
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 10 of the Protocol.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 8 November 2010.

            For the Council

            The President

         M. WATHELET

      (1)  OJ L 49, 19.2.1998, p. 3.

      (2)  See page 3 of this Official Journal.


Avis juridique important

|

31980D0026

80/26/EEC: Council Decision of 18 December 1979 appointing an alternate member of the Advisory Committee on Safety, Hygiene and Health Protection at Work

Official Journal L 012 , 17/01/1980 P. 0023

****( 1 ) OJ NO L 185 , 9 . 7 . 1974 , P . 15 .    COUNCIL DECISION   OF 18 DECEMBER 1979   APPOINTING AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK  ( 80/26/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE COUNCIL DECISION OF 27 JUNE 1974 ON THE SETTING UP OF AN ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK ( 1 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 23 NOVEMBER 1978 APPOINTING THE FULL MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK FOR THE PERIOD ENDING ON 22 NOVEMBER 1981 ,   WHEREAS ONE ALTERNATE MEMBER ' S SEAT IN THE TRADE UNIONS REPRESENTATIVES CATEGORY OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK HAS FALLEN VACANT FOLLOWING THE RESIGNATION OF MR VAN TOL , NOTIFIED TO THE COUNCIL ON 5 DECEMBER 1979 ;   HAVING REGARD TO THE CANDIDATE PROPOSED 5 DECEMBER 1979 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR IR . E . BURINGH IS HEREBY APPOINTED ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK IN PLACE OF MR VAN TOL FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 22 NOVEMBER 1981 .   DONE AT BRUSSELS , 18 DECEMBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   B . LENIHAN


Avis juridique important

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31998D0277

98/277/EC: Commission Decision of 16 April 1998 under the provisions of Council Regulation (EC) No 3286/94 of 22 December 1994 concerning the failure of the United States of America to repeal its Antidumping Act of 1916

Official Journal L 126 , 28/04/1998 P. 0036 - 0039

COMMISSION DECISION of 16 April 1998 under the provisions of Council Regulation (EC) No 3286/94 of 22 December 1994 concerning the failure of the United States of America to repeal its Antidumping Act of 1916 (98/277/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's right under international trade rules, in particular those established under the auspices of the World Trade Organisation (1), as amended by Regulation (EC) No 356/95 (2), and in particular Articles 13 and 14 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE (1) On 10 January 1997 the Commission received a complaint pursuant to Article 4 of Regulation (EC) No 3286/94 (hereafter the 'Regulation`). The complaint was lodged by Eurofer, the European Confederation of Iron and Steel Industries, on behalf of its members.(2) The complainant alleged that the so-called US Antidumping Act of 1916 (3) (hereafter the '1916 Act`) is inconsistent with several provisions of the Agreement establishing the World Trade Organisation (hereafter 'WTO Agreement`) and its annexes and that the United States' failure to repeal this legislation is causing adverse trade effects to its member companies and threatening further adverse trade effects. On that basis the complainant asked the Commission to take the necessary actions to convince the Untied States to repeal the 1916 Act.(3) The complaint contained sufficient prima facie evidence to justify the initiation of a Community examination procedure pursuant to Article 8 of the Regulation. Consequently, an examination procedure was initiated on 25 February 1997 (4).(4) Following the initiation of the Community examination procedure the Commission conducted an in-depth legal and factual investigation. Based on the findings of this investigation the Commission reached the conclusions which are indicated below.B. FINDINGS REGARDING THE EXISTENCE OF AN OBSTACLE TO TRADE (5) The US Antidumping Act of 1916 is still in force and is applicable to the import and internal sale of any foreign product irrespective of its origin, including products originating in countries which are WTO members. The 1916 Act exists in the US statute books in parallel with the Tariff Act of 1930 which includes the US implementing legislation of multilateral antidumping provisions.(6) The 1916 Act prohibits both the importation of goods and their sale in the US market when the price is lower than the one in the country of origin or in other foreign countries where the goods are exported. The wording of the Act is as follows: 'It shall be unlawful for any person importing or assisting in importing any articles from any foreign country into the United States, commonly and systematically to import, sell or cause to be imported or sold such articles within the United States at a price substantially less than the actual market value or wholesale price of such articles, at the time of exportation to the United States, in the principal markets of the country of their production, or of other foreign countries to which they are commonly exported after adding to such market value or wholesale price, freight, duty, and other charges and expenses necessarily incident to the importation and sale thereof in the United States: provided, that such act or acts be done with the intent of destroying or injuring an industry in the United States, or of preventing the establishment of an industry in the United States, or of restraining or monopolising any part of trade and commerce in such articles in the United States.` Any violation of the law leads to the granting of treble damages, upon application of an injured party, as well as to the imposition of criminal sanctions (fines and/or imprisonment) on the responsible persons.(7) The practice regulated by the 1916 Act corresponds to that described in Article VI of the General Agreement on Tariffs and Trade (hereafter 'GATT 1994`) and in the Agreement on implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (hereafter 'WTO Antidumping Agreement`).(8) Several aspects of the US Antidumping Act of 1916 cannot be reconciled with multilateral trade rules.(9) With relation to Article VI of GATT 1994 and the WTO Antidumping Agreement the Commission considers that there exist in particular infringements related, but not limited, to the following provisions:- Article V(1)(a) and (b) of GATT 1994 and Articles 2.1 and 2.2 of the WTO Antidumping Agreement insofar as they set the actual price in the exporting country as the first and privileged criterion for the calculation of the normal value whereas the criteria mentioned in the 1916 Act are fully interchangeable,- Article VI(1) of GATT 1994 and Article 2(1) of the WTO Antidumping Agreement insofar as they require the introduction of products into the commerce of another country as a prerequisite for dumping to take place whereas under the 1916 Act actual sales on the US market are not necessary and a simple quotation from a foreign company is considered to be sufficient,- Article VI(2) of GATT 1994 specifying that antidumping duties are the only possible remedy to dumping whereas the 1916 Act is having recourse to treble damages and fines and/or imprisonment,- Article I of the WTO Antidumping Agreement requiring the carrying-out of an investigation (which has to respect a set of procedural rules) prior to the imposition of any duty whereas under the 1916 Act measures are applied immediately with no investigation taking place,- Article VI of GATT 1994 and Article 3 of the WTO Antidumping Agreement insofar as they specifically define and qualify the concept of 'material injury` whereas the 1916 Act merely refers to an unqualified injury criterion,- Article VI of GATT 1994 and Article 4 of the WTO Antidumping Agreement insofar as they impose standing requirements with relation to the complaining domestic industry whereas an action under the 1916 Act can be brought by any private party.(10) The continuing effect of the 1916 Act, even following the implementation of the results of the Uruguay Round in domestic US law, through the Uruguay Round Agreement Act, and following the entry into force of the WTO Agreement and its annexes is violating Article XVI(4) of the WTO Agreement whereby 'Each Member shall ensure the conformity of its laws, regulations and administrative procedures with its obligations as provided in the annexed Agreements`.(11) The violations mentioned above read in conjunction with Article XVI(4) of the WTO Agreement as well as the Community's potential export interest in respect of the product at stake confer locus standi to the European Community.(12) In addition, the 1916 Act, insofar as it leads to applying stricter disciplines to the sale of imported products at low prices than for the sale of domestic products, could also be challenged on the basis of other WTO provisions such as Article III:4 of GATT 1994.(13) The simultaneous existence and applicability of the 1916 Act and of the US Tariff Act of 1930 containing the conventional US Antidumping legislation confers a supplementary protection to the US industry which goes beyond the degree of protection authorised by WTO rules.(14) Under these circumstances the Commission considers that the complainant's allegations are well-founded and that the United States' failure to repeal its Antidumping Act of 1916 constitutes an obstacle to trade within the meaning of Article 2(1) of the Regulation, that is 'a practice adopted or maintained by a third country in respect of which international trade rules establish a right of action`.(15) The Commission nonetheless considers that reference to the above legal bases does not rule out recourse to any other pertinent provision of the WTO Agreement and of the Agreements annexed to it, which could be of use in procedures before the WTO.C. FINDINGS REGARDING ADVERSE TRADE EFFECTS (16) Eurofer mentioned in its complaint the fact that a Court proceedings initiated in the United States, under the 1916 Act, by a local steel producer is pending against the US affiliate company of one of its member companies which imported allegedly dumped products from countries other than the Member States of the European Community.(17) The Court action currently pending in the United States, which is still at a very early stage of the procedure, has already resulted in important legal costs for the defendant company and is disrupting this company's distribution activities in the United States. Such costs will inevitably increase throughout the procedure.(18) Should the defendant company be found liable under the 1916 Act, then it would have to pay damages which would impair its entire viability. At present, the damages claimed amount to USD 90 000 000 and the plaintiff US company has still the option to increase its claim by adding the amount of imports which occurred after the filing of the case. Further to the legal costs, the pending Court action is therefore causing another actual and direct adverse trade effect impeding the present business of the defendant company.(19) There are substantiated indications that further Court actions under the 1916 Act could be brought against several steel importers, including at the occasion of imports of EC products. This would render distribution of Community products in the US very difficult.(20) In addition, the 1916 Act is not limited to steel products. US producers of any product can therefore decide to resort to it with potentially unlimited impact on the economy of the Community.(21) Under these circumstances the Commission considers that the complainant's allegations are well-founded and that the United States' failure to repeal its Antidumping Act of 1916 is causing adverse trade effects within the meaning of Article 2(4) of the Regulation.D. COMMUNITY INTEREST (22) Ensuring that WTO partners fully comply with their obligations is of the utmost importance for the Community which has committed itself to the same obligations.(23) More particularly the continuing effect of the 1916 Act raises the issue of one of the most important horizontal disciplines introduced by the WTO namely the members' obligation to bring their legislation into conformity with their multilateral commitments.(24) The very broad scope of the 1916 Act and its clearly protectionist nature, which results in granting to the domestic US industry a degree of protection going beyond that authorised by WTO rules, further justify a Community action with a view to avoiding the risk that other US industrial sectors decide to take advantage of the existence of the 1916 Act, which could put at risk the export interests of the Community industry at large.E. CONCLUSIONS AND MEASURES TO BE TAKEN (25) The investigation has established that no remedy other than the repeal of the 1916 Act appears possible in order to eliminate the actual and potential adverse trade effects caused by its continuing effect.(26) The WTO Agreement and its annexes were implemented in the US through the adoption of the Uruguay Round Agreement Act (URAA) of 1994. This latter statute, which constitutes the exclusive instrument through which the WTO Agreement is given effect in the United States, does not refer to the 1916 Act. In addition, the URAA specifically provides that US law prevails over WTO provisions. There is therefore no means, including private litigation, by which the US can ensure the respect of its WTO commitments relating to dumping where the 1916 Act is conflicting with them.(27) In these circumstances, it appears that the interests of the Community call for initiation of WTO dispute settlement proceedings.HAS DECIDED:Article 1 1. The continued existence of the Antidumping Act of 1916 of the United States of America (5) appears to be inconsistent with the obligations of that country under the Marrakesh Agreement Establishing the World Trade Organisation and constitutes an 'obstacle to trade` within the meaning of Article 2 of Regulation (EC) No 3286/94.2. The Community will commence action against the United States of America under the Understanding on the Rules and Procedures for the Settlement of Disputes and other relevant WTO provisions with a view to securing removal of the obstacle to trade.Article 2 This Decision shall apply from the date of its publication in the Official Journal of the European Communities.Done at Brussels, 16 April 1998.For the CommissionLeon BRITTANVice-President(1) OJ L 349, 31. 12. 1994, p. 71.(2) OJ L 41, 23. 2. 1995, p. 3.(3) 'Act of September 8, 1996, 39 Stat. 756`. Title VIII of that Act is codified at United States Code 71-74.(4) OJ C 58, 25. 2. 1997, p. 14.(5) 'Act of September 8, 1996, 39 Stat. 756`. Title VIII of that Act is codified at United States Code 71-74.