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32003D0263

2003/263/EC: Council Decision of 27 March 2003 on the signature and conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions

Official Journal L 097 , 15/04/2003 P. 0053 - 0056

Council Decisionof 27 March 2003on the signature and conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions(2003/263/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300(2), subparagraph 1, first sentence, thereof,Having regard to the proposal from the Commission,Whereas:(1) The Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part(1) (hereinafter referred to as the Europe Agreement), provides for certain reciprocal trade concessions for certain agricultural products.(2) Article 20(5) of the Europe Agreement provides that the Community and Poland shall examine product by product and on an orderly and reciprocal basis the possibilities of granting each other further concessions.(3) The first improvements to the preferential arrangements of the Europe Agreement were provided for in the Protocol adjusting trade aspects of the Europe Agreement to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements, approved by Council Decision 2002/63/EC(2).(4) Improvements to the preferential arrangements were also provided for as a result of negotiations to liberalise agricultural trade concluded in 2000. On the Community side, these were implemented from 1 January 2001 by Regulation (EC) No 2851/2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with Poland(3). This second adjustment of the preferential arrangements has not yet been incorporated in the Europe Agreement in the form of an Additional Protocol.(5) Negotiations for further improvements to the preferential arrangements of the Europe Agreement were concluded on 23 December 2002.(6) The new Additional Protocol to the Europe Agreement adjusting the trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and Poland, of the other part (hereinafter referred to as the Protocol) should be approved with a view to consolidating all concessions in agricultural trade between the two sides, including the results of the negotiations concluded in 2000 and 2002.(7) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(4) has codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations. Certain tariff quotas under this Decision should therefore be administered in accordance with those rules.(8) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).(9) As a result of the aforementioned negotiations, Regulation (EC) No 2851/2000 has effectively lost its substance and should therefore be repealed,HAS DECIDED AS FOLLOWS:Article 1The attached Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions, is hereby approved on behalf of the Community.Article 2The President of the Council is authorised to designate the person empowered to sign the Protocol on behalf of the Community and make the notification of approval provided for in Article 3 of the Protocol.Article 3The Commission shall adopt rules for the application of the Protocol in accordance with the procedure referred to in Article 5(2).Article 4The order numbers as attributed to the tariff quotas in the Annex to this Decision may be changed by the Commission in accordance with the procedure referred to in Article 5(2). Tariff quotas with an order number above 09.5100 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.Article 51. The Commission shall be assisted by the Committee for Sugar instituted by Article 42 of Regulation (EC) No 1260/2001(6) or, where appropriate, by the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.3. The Committee shall adopt its rules of procedure.Article 6Regulation (EC) No 2851/2000 shall be repealed as from the entry into force of the Protocol.Done at Brussels, 27 March 2003.For the CouncilThe PresidentM. Stratakis(1) OJ L 348, 31.12.1993, p. 2.(2) OJ L 27, 30.1.2002, p. 1.(3) OJ L 332, 28.12.2000, p. 7.(4) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 444/2002 (OJ L 68, 12.3.2002, p. 11).(5) OJ L 184, 17.7.1999, p. 23.(6) OJ L 178, 30.6.2001, p. 1. Regulation as amended by Commission Regulation (EC) No 680/2002 (OJ L 104, 20.4.2002, p. 26).ANNEXOrder numbers for EU tariff quotas for products originating in Poland(as referred to in Article 4)>TABLE>


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32001D0796

2001/796/CFSP: Council Decision of 15 November 2001 extending and amending Decision 1999/730/CFSP concerning a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Cambodia

Official Journal L 301 , 17/11/2001 P. 0001 - 0002

Council Decisionof 15 November 2001extending and amending Decision 1999/730/CFSP concerning a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Cambodia(2001/796/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 23(2) thereof,Having regard to Joint Action 1999/34/CFSP of 17 December 1998 on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons(1), and in particular Article 6 thereof,Whereas:(1) On 15 November 1999 the Council adopted Decision 1999/730/CFSP concerning a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Cambodia(2), which was aimed at implementing Joint Action 1999/34/CFSP.(2) Some objectives could not be fulfilled by 15 November 2001, the date on which Decision 1999/730/CFSP expired, and others should be consolidated and expanded after that date.(3) The European Union's continued contribution is part of the follow-up to the Programme of Action to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects adopted by the United Nations Conference on the Illicit Trade in Small Arms and Light Weapons in all its Aspects (New York, 9 to 20 July 2001). This should encourage other donors to support the drive to reduce and control small arms and light weapons and, where appropriate, allow the implementation of joint projects with other donors.(4) Decision 1999/730/CFSP should therefore be extended and amended,HAS DECIDED AS FOLLOWS:Article 1Decision 1999/730/CFSP is hereby amended as follows:(a) in Article 3(1), the financial reference amount shall be replaced by EUR 1768200;(b) in the second subparagraph of Article 4, "15 November 2001" shall be replaced by "15 November 2002";(c) the Annex shall be replaced by the Annex to this Decision.Article 2This Decision shall take effect on 16 November 2001.Article 3This Decision shall be published in the Official Journal.Done at Brussels, 15 November 2001.For the CouncilThe PresidentM. Aelvoet(1) OJ L 9, 15.1.1999, p. 1.(2) OJ L 294, 16.11.1999, p. 5. Decision extended and amended by Decision 2000/724/CFSP (OJ L 292, 21.11.2000, p. 3).ANNEXTERMS OF REFERENCE FOR THE PROJECT MANAGER1. For the purposes of Article 1(2)(a), the Project Manager, with the support of relevant experts, will continue to work for the development of appropriate laws and regulations. To that end, the Project Manager will assist the Government and Parliament in the process leading up to the adoption of a draft law on the subject and will help in its application, in particular through the development of secondary laws and regulations. He will also support public information and awareness programmes connected with that law.2. For the purposes of Article 1(2)(b), the Project Manager, in cooperation with the Cambodian armed forces, will continue the work relating to record-keeping and the management and security of weapons stocks and to developing policies, guidelines and practices in this area. To that end, the Project Manager will monitor the project being conducted in Kampong Cham Province (Military District 1), organise a project in a further military district and continue, at national level, the efforts regarding training, systems development and the recording of arms. He will ensure that the relevant authorities are closely involved in defining and carrying through the new project.For the same purposes, but in relation to the police, the Project Manager, with the support of a relevant expert, will carry out a feasibility study on record-keeping, stockpile management and the security of weapons stocks. That project will comprise the development of training systems and record-keeping.3. For the purposes of Article 1(2)(c), the Project Manager, with the support of relevant experts, will continue to assist and promote the Government's national programme of public ceremonies for the destruction of collected weapons and, where appropriate, of surplus weapons held by the army and the police and security forces (in particular in the context of demobilisation and reintegration programmes). The Project Manager may, if necessary and to a limited extent, lend support for capacity-building of the National Commission for Weapons Reform and Management. The Project Manager will continue to supervise and monitor implementation of "Arms versus development" pilot projects in Kracheh and Pursat. He may expand those projects to local administrative areas in neighbouring districts.4. For the purposes of Article 1(2)(d), the Project Manager will allocate financial aid to support activities by non-governmental organisations in Cambodia, including the coalition "Working Group for Weapons Reduction in Cambodia", such as awareness raising, information sharing and education and training programmes. These activities may take place in selected regions in Cambodia, as agreed between the Project Manager and the relevant organisations. Particular attention will be paid to strengthening the coordination and budgetary cooperation among such organisations.5. The Project Manager will ensure that appropriate procedures are established for effective monitoring and evaluation of activities. To this end, he will seek full cooperation from the Government of Cambodia and the police and security forces.6. The Project Manager will encourage and assist other donors to support efforts to reduce and control small arms and light weapons and will stand ready, as appropriate, to carry out joint projects with other donors within the limits of his powers under these terms of reference. Bearing in mind the European Union's vanguard position in this domain, he will ensure that he plays a pivotal role in international efforts and, where appropriate, will contribute to the management and implementation of projects supported by other donors.


title: Council Decision of 5 April 1977 giving a discharge to the Commission in respect of the implementation of the operations of the Development Fund for the overseas countries and territories (1st Fund) for the 1972 financial year

text:
28. 4. 77                                  Official Journal of the European Communities                            No L 105/37
                                                       COUNCIL DECISION
                                                           of 5 April 1977
              giving a discharge to the Commission in respect of the implementation of the operations of the
              Development Fund for the overseas countries and territories ( 1st Fund) for the 1972 financial
                                                                 year
                                                            (77/314/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                             charge to the Commission in respect of the financial ad
                                                                      ministration of the Fund ;
Having regard to the Treaty establishing the European
Economic Community,
Having regard to the Implementing Convention on the as               Whereas an advance of 35 216 819*37 units of account
sociation of the overseas countries and territories with the          has been paid to the European Development Fund ( 1963 )
Community, annexed to the Treaty,                                     ( 2nd EDF);
Having regard to Regulation No 5 laying down detailed
provisions relating to the collection and transfer of finan
cial contributions, the budgeting and administration of
the resources of the Development Fund for the overseas                Whereas the overall implementation by the Commission
countries and territories (*), and in particular Article 16           of the 1 972 operations of the first Development Fund dur
thereof,                                                              ing the 1972 financial year was such as to warrant its be
                                                                      ing given a discharge in respect of the implementation of
Having regard to Regulation No 6 relating to the respon              those operations,
sibility of authorizing and accounting officers for the re
sources of the Development Fund for the overseas coun
tries and territories (2),
Having regard to the revenue and expenditure -accounts,               HAS DECIDED AS FOLLOWS :
the statement and the summary of operations of the De
velopment Fund for the overseas countries and territories
( 1st Fund) as at 31 December 1972,
                                                                                Article 1
Having regard to the report of the Audit Board on the ac             The position of the Council on comment 70 in the report
counts for the 1972 financial year, to which report are an           of the Audit Board for the 1972 financial year is as set out
nexed the Commission's replies to the comments made by                in the Annex.
the Audit Board, and in particular the second part of that
report, which deals with the Development Funds,
 Having regard to the opinion of the European Parliament
 of 14 December 1976 ,                                                                         Article 2
 Recalling that, in accordance with the provisions applica           The Council closes the revenue and expenditure accounts
 ble to the implementation of the Development Fund for                of the Development Fund for the overseas countries and
 the overseas countries and territories ( 1st Fund), only the         territories ( 1st Fund) as at 31 December 1972 as follows :
Council, acting by a qualified majority, shall give a dis
                                                                      Revenue
                                                                      at the sum of 581 520 065-62 units of account;
H OJ No 33 , 31 . 12 . 1958 , p. 681 /58 .                            Expenditure(payments)
(2) OJ No 33, 31 . 12. 1958 , p. 686/58.                              at the sum of 546 303 246-25 units of account.
 ---pagebreak--- No L 105/38                                Official Journal of the European Communities                                       28. 4 . 77
                              Article 3                                 Done at Luxembourg, 5 April 1977.
The Council hereby gives a discharge to the Commission                                                               For the Council
in respect of the implementation of the operations of the                                                             The President
Development Fund for the overseas countries and ter
ritories ( 1st Fund) for the 1972 financial year.                                                                         D. OWEN
                                                                ANNEX
               The position of the Council on comfnem 70 of the Audit Board concerning the enforcement of the respon
                sibilities assumed by the consultancy bureaux
                THE COUNCIL calls upon the Commission to continue its efforts to forestall and impose sanctions on the
                consequences, for the execution of projects, of the delays, shortcomings or omissions of certain studies.


title: Commission Decision (EU) 2015/886 of 8 June 2015 amending Decision 2014/312/EU establishing the ecological criteria for the award of the EU Ecolabel for indoor and outdoor paints and varnishes (notified under document C(2015) 3782) (Text with EEA relevance)

text:
               10.6.2015

               EN

               Official Journal of the European Union

               L 144/12

         COMMISSION DECISION (EU) 2015/886
   of 8 June 2015
   amending Decision 2014/312/EU establishing the ecological criteria for the award of the EU Ecolabel for indoor and outdoor paints and varnishes

         (notified under document C(2015) 3782)

   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular Article 8(2) thereof,
   After consulting the European Union Ecolabelling Board,
   Whereas:

               (1)

               Commission Decision 2014/312/EU (2) provides for a transitional period for producers whose products have been awarded the EU Ecolabel for indoor and outdoor paints and varnishes, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements. However, Member States have informed the Commission that they would not be able to verify within the allotted 12 months the Ecolabelled products due to the high number of products and the additional requirements. An additional period is needed in order to ensure a smooth transition.

               (2)

               Technical experts notified the Commission and some Member States that the current wording of point 14 of Article 2 is not clear. The provided definition allows misinterpretation regarding the reference to ‘polar systems’. The term ‘polar system’ that refers to the analytical system and not to the coating system needs to be clarified. Moreover, it was recommended to specify within the definition an additional technical parameter, the vapour pressure. Any change in the wording of point 14 of Article 2 shall be reflected for the sake of consistency and clarity also in the wording of point 13 of Article 2 regarding VOCs.

               (3)

               Based on discussions held at the November 2014 European Union Ecolabelling Board and Competent Body Forum meetings it is necessary to clarify that criterion 3(a) and the associated reference in table 2 apply to semi-transparent but do not apply to adhesion primers and any other coatings that are transparent.

               (4)

               For reasons of consistency in criterion 3 (Efficiency in use), Table 2 — fifth column (‘Thick decorative coating indoor and outdoor (l))’ in the first line (referring to the spreading rate criteria 3(a)) of Decision 2014/312/EU, the unit of measurement (1 m2/L) should be replaced by the following ‘1 m2/kg’.

               (5)

               Criterion 5(a)(i) of Decision 2014/312/EU provides a list of groups of substances which are explicitly indicated as a subject of the assessment and verification of criterion 5(a). However, it was proven that this list of substances is not complete and an additional group of substances needs to be added, namely ‘8. Substances in binders and polymer dispersions 8a. Binders and cross linking agents, 8b. Reaction products and residues’. Moreover, for reasons of clarity, the list of groups of substances should be moved to the assessment and verification text of the criterion since that list is used for the assessment and verification.

               (6)

               In Appendix of Decision 2014/312/EU, point 7(a) sets concentration limits for the presence of formaldehyde in the final product, but the concentration limits in the table are misplaced. That table should show clearly that the concentration limits for all products are 0,0010 %, unless derogations apply.

               (7)

               The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 16 of Regulation (EC) No 66/2010.

               (8)

               Decision 2014/312/EU should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2014/312/EU is amended as follows:

               (1)

               In Article 2, point 13 is replaced by the following:

                           ‘(13)

                           “Volatile organic compounds” (VOC) means any organic compounds having an initial boiling point less than or equal to 250 °C measured at a standard pressure of 101,3 kPa as defined in Directive 2004/42/EC and which, in a capillary column, are eluting up to and including n-Tetradecane (C14H30)’

                     ;

               (2)

               in Article 2, point 14 is replaced by the following:

                           ‘(14)

                           “Semi volatile organic compounds” (SVOCs) means any organic compound having a boiling point greater than 250 °C and less than 370 °C measured at a standard pressure of 101,3 kPa and which, in a capillary column are eluting with a retention range after n-Tetradecane (C14H30) and up to and including n-Docosane (C22H46);’

                     ;

               (3)

               in Article 7, paragraph 2 is replaced by the following:
               ‘2.   EU Ecolabel licences awarded in accordance with the criteria set out in Decision 2009/543/EC or 2009/544/EC may be used for 21 months from the date of adoption of this Decision.’;

               (4)

               the Annex is amended in accordance with the Annex to this Decision.

         Article 2
   This Decision is addressed to the Member States.

      Done at Brussels, 8 June 2015.

            For the Commission

         Karmenu VELLA

            Member of the Commission

      (1)  OJ L 27, 30.1.2010, p. 1.

      (2)  Commission Decision 2014/312/EU of 28 May 2014 establishing the ecological criteria for the award of the EU Ecolabel for indoor and outdoor paints and varnishes (OJ L 164, 3.6.2014, p. 45).

      ANNEX
      The Annex to Decision 2014/312/EU is amended as follows:

                  (1)

                  in criterion 3 (Efficiency in use), Table 2 the name of criterion 3a is replaced by the following: ‘3(a) Spreading rate (only for white and light coloured paints, including the white base paints used in tinting systems)) — ISO 6504/1. Not applicable to varnishes, lasures, transparent adhesion primers or any other transparent coatings.’

                  (2)

                  in criterion 3 (Efficiency in use), Table 2, in the eighth and ninth columns referring to ‘Primer (g)’ and ‘Undercoat and primer (h)’, the text ‘6 m2/L (without opacity)’ is replaced in both columns by the following: ‘6 m2/L (without opacity or having specific properties’.

                  (3)

                  in criterion 3(a), the fifth paragraph is replaced by the following:
                  ‘Semi-transparent primers and undercoats shall have a spreading rate of at least 6 m2 and those with opacity at least 8 m2. Opaque primers with specific blocking/sealing, penetrating/binding properties and primers with special adhesion properties shall have a spreading rate of at least 6 m2 per litre of product.’

                  (4)

                  criterion 4 is amended as follows:

                              (a)

                              in the fourth paragraph the following sentence ‘The markers given in Table 4 shall be used as the basis for delimiting the Gas Chromatography results for SVOCs is replaced by 'The test shall be carried out using the analytical system as identified in the Criteria User Manual.’;

                              (b)

                              Table 4 is deleted;

                              (c)

                              in section Assessment and verification, second paragraph, the second sentence is replaced by the following:
                              ‘The test shall be carried out with reference to the modifications to ISO 11890-2 provided in the Criteria User Manual.’;

                  (5)

                  in criterion 5, point (a)(i) is replaced by the following:
                  ‘For the purpose of this product group, derogations have been granted for defined groups of substances that may be contained within the final product. These derogations stipulate the hazard classifications that are derogated for each specific substance group and the associated derogation conditions and concentration limits that apply. The derogations are set out in the Appendix.’;

                  (6)

                  in criterion 5(a)(ii), second paragraph, the second indent is replaced by the following:

                              ‘—

                              Paint or varnish formula ingredients that fall within the groups of substances listed below:

                                          (1)

                                          Preservatives added to colorants, binders and the final product

                                                      (a)

                                                      In-can preservatives,

                                                      (b)

                                                      Tinting machine preservatives,

                                                      (c)

                                                      Dry film preservatives,

                                                      (d)

                                                      Preservative stabilisers,

                                          (2)

                                          Drying and anti-skinning agents,

                                                      (a)

                                                      Drying agents,

                                                      (b)

                                                      Anti-skinning agents,

                                          (3)

                                          Corrosion inhibitors

                                                      (a)

                                                      Corrosion inhibitors,

                                                      (b)

                                                      Verdigris prevention,

                                          (4)

                                          Surfactants

                                                      (a)

                                                      General purpose surfactants,

                                                      (b)

                                                      Alkylphenolethoxylates (APEOs),

                                                      (c)

                                                      Perfluorinated surfactants

                                          (5)

                                          Miscellaneous functional substances with general application

                                                      (a)

                                                      Silicon resin emulsion in white paints, colorants and tinting bases,

                                                      (b)

                                                      Metals and their compounds,

                                                      (c)

                                                      Mineral raw materials including fillers,

                                                      (d)

                                                      Neutralising agents

                                                      (e)

                                                      Optical brighteners,

                                                      (f)

                                                      Pigments,

                                          (6)

                                          Miscellaneous functional substances with specialist applications

                                                      (a)

                                                      UV protectors and stabilisers,

                                                      (b)

                                                      Plasticisers

                                          (7)

                                          Residual substances that may be present in the final product

                                                      (a)

                                                      Formaldehyde,

                                                      (b)

                                                      Solvents,

                                                      (c)

                                                      Unreacted monomers,

                                                      (d)

                                                      Volatile Aromatic Compounds and halogenated compounds

                                          (8)

                                          Substances in binders and polymer dispersions,

                                                      (a)

                                                      Binders and cross linking agents,

                                                      (b)

                                                      Reaction products and residues

                                    and that are present at concentrations of more than 0,010 %’

                        ;

                  (7)

                  in the Appendix, the entry for formaldehyde is replaced by the following:

                              ‘7.   Residual substances that may be present in the final product

                                          (a)

                                          Formaldehyde

                                    Applicability:
                              All products.

                              Free formaldehyde shall not be intentionally added to the final product. The final product shall be tested in order to determine its free formaldehyde content. The sampling requirements for testing shall reflect the product range.
                              The following sum total limit value shall apply:
                              The following derogations are made from the requirement set out in the first paragraph:

                                          (i)

                                          Where preservatives that are formaldehyde donors are required as an in-can preservative to protect a specific type of paint or varnish and where the formaldehyde donor is used in the place of isothiazolinone preservatives.

                                          (ii)

                                          Where polymer dispersions (binders) provide, through residual levels of formaldehyde, the function of formaldehyde donors instead of in-can preservatives.

                                    In both points (i) and (ii) the sum total shall not exceed the following limit value:

                              Verification:
                              The free formaldehyde content shall be determined for the white base or transparent tinting base predicted to contain the highest theoretical amount of formaldehyde. The content of the colour tint which is predicted to contain the highest theoretical amount of formaldehyde shall also be determined.
                              Test method:

                                          0,0010 % limit value:
                                          Determination of the in-can concentration using the Merckoquant method. If the outcome is not definitive according to this method then high-performance liquid chromatography (HPLC) shall be used to confirm the in-can concentration.

                                          0,010 % limit value:

                                                      (1)

                                                      All paints: Determination of the in-can formaldehyde concentration by means of analysis using VdL-RL 03 or high-performance liquid chromatography (HPLC)

                                                      (2)

                                                      Indoor paints and varnishes: Determination by means of analysis according to ISO 16000-3. Emissions must not exceed 0,25 ppm upon first application and they must be less than 0,05 ppm after 24 hours from the first application.’

                              0,0010 %

                              0,010 %


title: Council Decision (EU) 2015/926 of 16 March 2015 on the position to be taken on behalf of the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Tunisia, of the other part, with regard to the adoption of a recommendation on the implementation of the EU-Tunisia Action Plan (2013-2017) implementing the privileged partnership

text:
               17.6.2015

               EN

               Official Journal of the European Union

               L 150/19

         COUNCIL DECISION (EU) 2015/926
   of 16 March 2015
   on the position to be taken on behalf of the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Tunisia, of the other part, with regard to the adoption of a recommendation on the implementation of the EU-Tunisia Action Plan (2013-2017) implementing the privileged partnership
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(9) thereof,
   Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
   Whereas:

               (1)

               The Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Tunisia, of the other part (1) (the ‘Agreement’), was signed on 17 July 1995 and entered into force on 1 March 1998.

               (2)

               The Parties intend to approve the new EU-Tunisia action plan (2013-2017) implementing the privileged partnership (the ‘Action Plan’) within the framework of the European Neighbourhood Policy. That Action Plan reflects the special partnership which binds the parties and should contribute to the implementation of the Agreement through the formulation and adoption of specific measures with a view to achieving objectives that it sets out.

               (3)

               The position of the Union within the Association Council should therefore be based on the attached draft recommendation,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Tunisia, of the other part, on the implementation of the Action Plan shall be based on the draft recommendation of the Association Council attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 16 March 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 97, 30.3.1998, p. 2.

      DRAFT
      RECOMMENDATION No 2015/ … OF THE EU- TUNISIA ASSOCIATION COUNCIL …
      of …
      on the implementation of the EU-Tunisia Action Plan (2013-2017) implementing the privileged partnership within the framework of the European Neighbourhood Policy
      THE EU-TUNISIA ASSOCIATION COUNCIL,
      Having regard to the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Tunisia, of the other part, and in particular Article 80 thereof,
      Whereas:

                  1.

                  Article 80 of the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Tunisia, of the other part (1) (‘the Agreement’), authorised the Association Council to make appropriate recommendations for the purposes of attaining the objectives of the Agreement.

                  2.

                  Pursuant to Article 90 of the Agreement, the Parties shall take any general or specific measures required to fulfil their obligations under the Agreement and shall see to it that the objectives set out in the Agreement are attained.

                  3.

                  The Parties have agreed on the text of the EU-Tunisia action plan (2013-2017) implementing the privileged partnership (the ‘Action Plan’) within the framework of the European Neighbourhood Policy.

                  4.

                  This Action Plan should support the implementation of the Agreement through the formulation and adoption, by agreement between the Parties, of specific measures to provide practical guidance for such implementation.

                  5.

                  The Action Plan serves the purpose, of the one part, of setting out specific measures for the fulfilment of the Parties' obligations under the Agreement, and of the other part, of providing a broader framework for further strengthening relations between the European Union and Tunisia to achieve a significant measure of economic integration and a deepening of political cooperation, in accordance with the overall objectives of the Agreement,

            HAS ADOPTED THIS RECOMMENDATION:
      Sole Article
      The Association Council recommends that the Parties implement the Action Plan (2), in so far as such implementation is directed towards attaining the objectives of the Agreement.

         Done at […], on…

               For the Association Council

               The President

         (1)  OJ L 97, 30.3.1998, p. 2.

         (2)  See document st 15164/14 ADD 1, p. 5, at http://register.consilium.europa.eu.


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31995D0548

95/548/EC: Council Decision of 17 November 1995 appointing an alternate member of the Committee of the Regions

Official Journal L 310 , 22/12/1995 P. 0072 - 0072

COUNCIL DECISION of 17 November 1995 appointing an alternate  member of the Committee of the Regions (95/548/EC)THE COUNCIL OF THE EUROPEAN  UNION, Having regard to the Treaty establishing the European Community, and in particular Article 198a  thereof, Having regard to the Council Decision of 26 January 1994 appointing members and alternate members  of the Committee of the Regions for the period 26 January 1994 to 25 January 1998  (1), Whereas a seat as a member of the Committee has become vacant following the resignation of Ms A.  Brandenburg-Vogelzang, notified to the Council on 7 November 1995; Having regard to the proposal from the Netherlands Government, HAS DECIDED AS FOLLOWS: Sole Article Mr A. B. Sakkers is hereby appointed a member of the Committee of  the Regions in place of Ms Brandenburg-Vogelzang for the remainder of the latter's term office,  which runs until 25 January 1998. Done at Brussels, 17 November 1995. For the Council The President P. SOLBES MIRA


title: 2013/336/EU: Council Decision of 25 June 2013 increasing the number of Advocates-General of the Court of Justice of the European Union

text:
               29.6.2013

               EN

               Official Journal of the European Union

               L 179/92

         COUNCIL DECISION
   of 25 June 2013
   increasing the number of Advocates-General of the Court of Justice of the European Union
   (2013/336/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 252 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,
   Having regard to the request of the President of the Court of Justice of 16 January 2013,
   Whereas:

               (1)

               The first paragraph of Article 252 of the Treaty on the Functioning of the European Union establishes that the Council, acting unanimously, may increase the number of Advocates-General on the request of the Court of Justice.

               (2)

               On 16 January 2013, the Court of Justice requested that the number of Advocates-General of the Court of Justice be increased by three. That request was motivated by the desire to allow the Court to continue to have an Opinion delivered in every case in which it is required without thereby increasing the overall time taken to deal with the cases concerned.

               (3)

               According to Declaration No 38 on Article 252 of the Treaty on the Functioning of the European Union regarding the number of Advocates-General of the Court of Justice, annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon, if the Court of Justice requests that the number of Advocates-General be increased by three (eleven instead of eight), the Council will, acting unanimously, agree on such an increase.

               (4)

               In order best to satisfy the concerns expressed in the second recital and to ensure the optimal integration of the additional Advocates-General, the Court of Justice proposed that one Advocate-General take up his duties on 1 July 2013, the planned date of Croatia’s accession, provided that all of the instruments of ratification have been lodged before this date, and that the two other Advocates-General take up their duties on 7 October 2015, on the occasion of the partial replacement of the Members of the Court,

         HAS ADOPTED THIS DECISION:
   Article 1
   The number of Advocates-General of the Court of Justice of the European Union shall be increased to:

               —

               nine, with effect from 1 July 2013;

               —

               eleven, with effect from 7 October 2015.

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

      Done at Luxembourg, 25 June 2013.

            For the Council

            The President

         E. GILMORE


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32003D0401

2003/401/EC: Council Decision of 19 May 2003 appointing the Chairman of the Military Committee of the European Union

Official Journal L 139 , 06/06/2003 P. 0034 - 0034

Council Decisionof 19 May 2003appointing the Chairman of the Military Committee of the European Union(2003/401/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 28(1) thereof,Having regard to the Treaty establishing the European Community, and in particular Article 207 thereof,Recalling Council Decision 2001/79/CFSP of 22 January 2001 setting up the Military Committee of the European Union(1),Whereas:(1) Pursuant to Article 3 of Decision 2001/79/CFSP, the Chairman of the Military Committee is to be appointed by the Council on the recommendation of the Committee meeting at the level of the Chiefs of Defence.(2) At its meeting on 7 May 2003, the Committee meeting at the level of the Chiefs of Defence recommended that General Rolando Mosca Moschini be appointed Chairman of the Military Committee of the European Union,HEREBY DECIDED AS FOLLOWS:Article 1General Rolando Mosca Moschini is appointed Chairman of the Military Committee of the European Union for a period of three years as from 9 April 2004.Article 2This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 19 May 2003.For the CouncilThe PresidentG. Papandreou(1) OJ L 27, 30.1.2001, p. 4.


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32003D0018

2003/18/EC: Council Decision of 19 December 2002 concerning the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions

Official Journal L 008 , 14/01/2003 P. 0018 - 0021

Council Decisionof 19 December 2002concerning the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions(2003/18/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300(2) first subparagraph, first sentence thereof,Having regard to the proposal from the Commission,Whereas:(1) The Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part(1), provides for certain reciprocal trade concessions for certain agricultural products.(2) Article 21(5) of the Europe Agreement provides that the Community and Romania is to examine product by product and on an orderly and reciprocal basis the possibilities of granting each other further concessions.(3) The first improvements to the preferential arrangements of the Europe Agreement with Romania were provided for in the Protocol for the adaptation of the trade aspects of the Europe Agreement to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the results of the agricultural negotiations of the Uruguay Round, including improvements to the existing preferential regime, approved by Council Decision 98/626/EC(2).(4) Improvements to the preferential arrangements were also provided for as a result of negotiations to liberalise agricultural trade concluded in 2000. On the Community side, these were implemented from 1 July 2000 by Council Regulation (EC) No 2435/2000 of 17 October 2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with Romania(3). This second adjustment of the preferential arrangements has not yet been incorporated in the Europe Agreement in the form of an Additional Protocol.(5) Negotiations for further improvements to the preferential arrangements of the Europe Agreement with Romania were concluded on 18 June 2002.(6) The new Protocol to the Europe Agreement adjusting the trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and Romania, of the other part (hereinafter referred to as the Protocol) should be approved with a view to consolidating all concessions in agricultural trade between the two sides, including the results of the negotiations concluded in 2000 and 2002.(7) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(4) has codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations. Certain tariff quotas under this Decision should therefore be administered in accordance with those rules.(8) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).(9) As a result of the aforementioned negotiations, Regulation (EC) No 2435/2000 has been superseded and should therefore be repealed,HAS DECIDED AS FOLLOWS:Article 1The Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions, is hereby approved on behalf of the European Community.Article 21. The President of the Council is hereby authorised to designate the person empowered to sign the Protocol on behalf of the Community in order to bind the Community.2. The President of the Council shall, on behalf of the Community, make the notification of approval provided for in Article 3 of the Protocol.Article 31. Upon this Decision taking effect, the arrangements provided for in the Annexes of the Protocol attached to this Decision shall replace those referred to in Annexes XI and XII as referred to in Article 21(2) and (4), as amended, of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part.2. The Commission shall adopt detailed rules for the application of the Protocol in accordance with the procedure referred to in Article 5(2).Article 41. The order numbers as attributed to the tariff quotas in the Annex to this Decision may be changed by the Commission in accordance with the procedure referred to in Article 5(2). Tariff quotas with an order number above 09.5100 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.2. Quantities of goods subject to tariff quotas and released for free circulation as from 1 July 2002 under the concessions provided for in Annex A(b) to Regulation (EC) No 2435/2000 shall be fully counted against the quantities provided for in the fourth column in Annex A(b) to the attached Protocol, except for quantities for which import licences were issued before 1 July 2002.Article 51. The Commission shall be assisted by the Management Committee for Cereals instituted by Article 23 of Council Regulation (EEC) No 1766/92(6) or, where appropriate, by the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.3. The Committee shall adopt its rules of procedure.Article 6Regulation (EC) No 2435/2000 shall be repealed from the entry into force of the Protocol.Done at Brussels, 19 December 2002.For the CouncilThe PresidentL. Espersen(1) OJ L 357, 31.12.1994, p. 2.(2) OJ L 301, 11.11.1998, p. 1.(3) OJ L 280, 4.11.2000, p. 17.(4) OJ L 253, 11.10.1993, p. 1. Regulation last amended by Regulation (EC) No 444/2002 (OJ L 68, 12.3.2002, p. 11).(5) OJ L 184, 17.7.1999, p. 23.(6) OJ L 181, 1.7.1992, p. 21.ANNEXOrder numbers for EU tariff quotas for products originating in Romania(as referred to in Article 4)>TABLE>


title: 2009/816/EC,Euratom: Council and Commission Decision of 19 October 2009 on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               7.11.2009

               EN

               Official Journal of the European Union

               L 291/24

      COUNCIL AND COMMISSION DECISION

   of 19 October 2009
   on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2009/816/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the Council’s approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, was signed on behalf of the European Community and the Member States on 9 December 2008 in accordance with Council Decision 2009/173/EC (2).

               (2)

               Pending its entry into force, the Protocol has been applied on a provisional basis as from 1 January 2007.

               (3)

               The Protocol should be concluded,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union is hereby approved on behalf of the European Community, the European Atomic Energy Community and the Member States.
   The text of the Protocol is annexed to this Decision (3).
   Article 2
   The President of the Council shall, on behalf of the European Community and its Member States, give the notification provided for in Article 3 of the Protocol. The President of the Commission shall simultaneously give such notification on behalf of the European Atomic Energy Community.

      Done at Luxembourg, 19 October 2009.

            For the Council

            The President

         E. ERLANDSSON

            For the Commission

            The President

         José Manuel BARROSO

      (1)  Opinion of the European Parliament of 10 July 2007 (not yet published in the Official Journal).

      (2)  OJ L 62, 6.3.2009, p. 7.

      (3)  OJ L 62, 6.3.2009, p. 9.


title: Decision (EU) 2017/899 of the European Parliament and of the Council of 17 May 2017 on the use of the 470-790 MHz frequency band in the Union

text:
               25.5.2017

               EN

               Official Journal of the European Union

               L 138/131

         DECISION (EU) 2017/899 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 17 May 2017
   on the use of the 470-790 MHz frequency band in the Union
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Economic and Social Committee (1),
   After consulting the Committee of the Regions,
   Acting in accordance with the ordinary legislative procedure (2),
   Whereas:

               (1)

               In the multiannual radio spectrum policy programme (‘RSPP’), established by Decision No 243/2012/EU (3), the European Parliament and the Council set the objectives of identifying at least 1 200 MHz of spectrum suitable for wireless broadband electronic communications services in the Union by 2015, of supporting the further development of innovative broadcasting services by ensuring sufficient spectrum for the satellite and terrestrial provision of such services if the need is clearly substantiated, and of ensuring sufficient spectrum for programme-making and special events (‘PMSE’).

               (2)

               In its Communication of 6 May 2015 entitled ‘A Digital Single Market Strategy for Europe’, the Commission highlighted the importance of the 694-790 MHz (‘700 MHz’) frequency band for ensuring the provision of broadband services in rural areas in order to ensure access and connectivity, and stressed the need for a coordinated release of that frequency band while accommodating the specific needs of broadcasting services distribution. Reducing the digital divide, in coverage as well as in knowledge, is an important aspect that has to be a priority, without creating new divides when users take up new technologies.

               (3)

               Effective management of spectrum is a condition for the industrial shift to 5G, which would put the Union at the centre of innovation and create a favourable environment for electronic communications networks and services to develop, thus maximising the growth potential of the digital economy. The Union economy will increasingly have digital society at its core, which requires ubiquitous network coverage to develop services relating to the Internet of Things, e-commerce and European cloud services, and to reap the full benefits of Industry 4.0 across the Union.

               (4)

               The 700 MHz frequency band represents an opportunity for globally harmonised and coordinated spectrum for wireless broadband that offers economies of scale. It should allow new innovative digital services to be developed in urban and in rural or remote areas, such as eHealth and mHealth, supported by mobile phones, patient-monitoring devices and other wireless devices, as well as smart energy grids.

               (5)

               In its resolution of 19 January 2016 entitled ‘Towards a Digital Single Market Act’, the European Parliament reminded the Member States of their commitment to reach full deployment of at least minimum target speeds of 30 Mbps by 2020, highlighted that radio spectrum is a critical resource for the internal market for wireless broadband communications, as well as broadcasting, and is essential for the future competitiveness of the Union and called as a priority for a harmonised and pro-competitive framework for spectrum allocation and for effective spectrum management.

               (6)

               Spectrum is a public good. It is, in the 470-790 MHz frequency band, a valuable asset for the cost-efficient deployment of wireless networks with universal indoor and outdoor coverage. That spectrum is currently used across the Union for digital terrestrial television (‘DTT’) and wireless audio PMSE. It is thus a prerequisite for access to and dissemination of cultural content and of information and ideas. It supports, in parallel to new forms of distribution, the development of the media, and of the creative, cultural and research sectors, which rely extensively on it for the wireless provision of content to end users.

               (7)

               The assignment of the 700 MHz frequency band should be structured in a way that facilitates competition and should be carried out in a manner that does not undermine existing competition.

               (8)

               For Region 1, which includes the Union, the International Telecommunication Union's Radio Regulations, adopted by the World Radiocommunication Conference in 2015, provide for the allocation of the 700 MHz frequency band to the broadcasting and mobile (except aeronautical mobile) services on a co-primary basis. The 470-694 MHz (‘sub-700 MHz’) frequency band remains exclusively allocated to the broadcasting services on a primary basis and to wireless audio PMSE use on a secondary basis.

               (9)

               Rapidly growing wireless broadband traffic and the increasing economic, industrial and social importance of the digital economy make enhanced wireless network capacity a necessity. Spectrum in the 700 MHz frequency band provides both additional capacity and universal coverage, in particular for the economically challenging rural, mountainous and insular areas as well as other remote areas, predetermined in accordance with areas that are a national priority, including along major terrestrial transport paths, and for indoor use and for wide-range machine-type communications. In that context, coherent and coordinated measures for high-quality terrestrial wireless coverage across the Union, building on best national practices for operators' licence obligations, should aim to meet the RSPP objective that all citizens throughout the Union should have access both indoors and outdoors, to the fastest broadband speeds of not less than 30 Mbps by 2020, and should aim to achieve an ambitious vision for a gigabit society in the Union. Such measures will promote innovative digital services and ensure long-term socioeconomic benefits.

               (10)

               5G will have a major impact not only on the digital sector, but on economies as a whole. Especially against the backdrop of the slow deployment of 4G and corresponding services, the successful launch of 5G in the Union will be crucial for economic development and for the competitiveness and productivity of the Union's economy. The Union therefore needs to take the lead by securing enough spectrum for the successful launch and development of 5G. In addition, when authorising the use of the 700 MHz frequency band, Member States should take account of the opportunity to ensure that mobile virtual network operators are able to increase their geographical coverage. Where a Member State so requests, the Commission should, where feasible, facilitate the option of jointly organised auctions, thus contributing to pan-European structures.

               (11)

               Spectrum-sharing within a common frequency band between bidirectional wireless broadband use for wide-area use (uplink and downlink), on the one hand, and unidirectional television broadcasting or wireless audio PMSE use, on the other, is technically problematic where their coverage areas overlap or are close. This means that repurposing the 700 MHz frequency band for bidirectional terrestrial wireless broadband electronic communications services would deprive DTT and wireless audio PMSE users of part of their spectrum resources. The DTT and PMSE sectors therefore need long-term regulatory predictability with regard to the availability of sufficient spectrum, so that they can safeguard the sustainable provision and development of their services, in particular free-to-view television, while ensuring an appropriate environment for investments, so that Union and national audiovisual policy objectives such as social cohesion, media pluralism and cultural diversity are met. It is possible that measures will be needed at Union and national level to ensure additional spectrum resource for wireless audio PMSE use outside the 470-790 MHz frequency band.

               (12)

               In his report to the Commission, Pascal Lamy, the Chairman of the high-level group on the future use of the UHF band (470-790 MHz), recommended that the 700 MHz frequency band be made available for wireless broadband by 2020 (+/- two years). Such a release would help achieve the goal of long-term regulatory predictability for DTT by making the sub-700 MHz frequency band available until 2030, although this would have to be reviewed by 2025.

               (13)

               The Radio Spectrum Policy Group recommended in its opinion on a long-term strategy on the future use of the UHF band (470-790 MHz) in the European Union of 19 February 2015 that a coordinated approach be adopted across the Union to make the 700 MHz frequency band available for effective use for wireless broadband electronic communications services by the end of 2020, noting that Member States are able to decide on the basis of duly justified reasons to delay the availability of the band for up to two years. In addition, the availability of the sub-700 MHz frequency band for the provision of broadcasting services should be ensured until 2030.

               (14)

               Some Member States have already launched or completed a national process to authorise the use of the 700 MHz frequency band for bidirectional terrestrial wireless broadband electronic communications services. A coordinated approach is needed with regard to the future use of the 700 MHz frequency band, which should also provide regulatory predictability, balance Member State diversity with digital single market objectives and promote European leadership with regard to international technology developments. In that context, Member States should be required to repurpose the 700 MHz frequency band in a timely manner in accordance with Union and national law.

               (15)

               Member States should be able to delay, on the basis of duly justified reasons, allowing the use of the 700 MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services beyond a common Union deadline of 2020 for up to two years. The reasons for such a delay should be limited to unresolved cross-border coordination issues resulting in harmful interferences, the need to ensure, and the complexity of ensuring, the technical migration of a large amount of the population to advanced broadcasting standards, the financial costs of transition exceeding the expected revenue generated by award procedures and force majeure. Member States should take all necessary steps to minimise resulting harmful interference in the affected Member States. In the event that Member States delay allowing the use of the 700 MHz frequency band, they should inform the other Member States and the Commission accordingly and include the duly justified reasons therefor in their national roadmaps. Such Member States and any Member States affected by the delay should cooperate with a view to coordinating the process of releasing the 700 MHz frequency band and should include information on such coordination in their national roadmaps.

               (16)

               The use of the 700 MHz frequency band by other applications in third countries, as allowed by international agreements or in parts of national territory outside the effective control of the Member State authorities, could limit the use of the 700 MHz frequency band for terrestrial wireless broadband electronic communications services in some Member States. This would prevent those Member States from complying with the common schedule set at Union level. The Member States concerned should take all necessary steps to minimise the duration and geographical extent of those limitations and seek the assistance of the Union, where necessary, under Article 10(2) of Decision No 243/2012/EU. They should also notify the Commission of such limitations pursuant to Article 6(2) and Article 7 of Decision No 676/2002/EC of the European Parliament and of the Council (4), and the information should be published in accordance with Article 5 of Decision No 676/2002/EC.

               (17)

               This Decision should be without prejudice to measures taken at national level, in accordance with Union law, that pursue general-interest objectives relating to the right of Member States to organise and use their spectrum for the purposes of public order, public security and defence.

               (18)

               The use of the 700 MHz frequency band for terrestrial wireless broadband electronic communications services should be subject to a flexible authorisation regime as soon as possible. This should include the possibility for holders of rights of use of spectrum to transfer and lease their existing rights in the context of the application of Articles 9, 9a and 9b of Directive 2002/21/EC of the European Parliament and of the Council (5), taking into account the obligation to promote effective competition without distortions of competition in the internal market for electronic communications services under Article 5 of Decision No 243/2012/EU. During their respective assessments when licensing spectrum, the Member States should take into consideration the duration of licences, the business plan of the operators and its contribution to meeting the Digital Agenda objectives, and the promotion of innovative digital services and long-term socioeconomic benefits.

               (19)

               It is important to achieve long-term regulatory predictability for DTT with regard to access to the sub-700 MHz frequency band, taking into account the outcome of the World Radiocommunication Conference in 2015. In line with Articles 9 and 9a of Directive 2002/21/EC, Member States should apply a flexible approach where possible and should be able to allow the introduction of alternative uses such as terrestrial wireless broadband electronic communications services in the sub-700 MHz frequency band according to national needs for distribution of broadcasting services, including for innovative user-driven initiatives. Such alternative uses should guarantee continued access to spectrum for broadcasting as the primary user, subject to national demand. To that end, Member States should promote cooperation between broadcasters, broadcasting operators and mobile operators in order to facilitate the convergence of audiovisual and internet platforms and shared spectrum use. When allowing use within the sub-700 MHz frequency band for terrestrial wireless broadband electronic communications services, Member States should ensure that such use does not cause harmful interference to digital terrestrial broadcasting in neighbouring Member States, as provided for in the agreement reached at the Regional Radiocommunication Conference of 2006.

               (20)

               Member States should adopt coherent national roadmaps to facilitate the use of the 700 MHz frequency band for terrestrial wireless broadband electronic communications services while ensuring continuity for the television broadcasting services that vacate the band. Once such national roadmaps have been adopted, Member States should make them available in a transparent manner within the Union. The national roadmaps should cover activities and timescales for frequency replanning, technical developments for network and end-user equipment, coexistence between radio and non-radio equipment, existing and new authorisation regimes, mechanisms to avoid harmful interference with spectrum users in adjacent bands and information on the possibility of compensation for migration costs, where such costs would arise, in order to avoid, inter alia, costs for end users or broadcasters. Where Member States intend to maintain DTT, the national roadmaps should consider the option of facilitating upgrades of broadcasting equipment to more spectrum-efficient technologies, such as advanced video formats (e.g. HEVC) or signal transmission technologies (e.g. DVB-T2).

               (21)

               The scope of and mechanism for possible compensation for completing the transition in spectrum use, in particular for end users, should be analysed in accordance with the relevant national provisions, as provided for by Article 14 of Directive 2002/20/EC of the European Parliament and of the Council (6), and should be consistent with Articles 107 and 108 of the Treaty on the Functioning of the European Union in order, for example, to facilitate the transition to more spectrum-efficient technologies. The Commission should be able to provide guidance to a Member State, on its request, to facilitate the transition in spectrum use.

               (22)

               The Commission should, in cooperation with the Member States, report to the European Parliament and to the Council on developments in the use of the sub-700 MHz frequency band, with a view to ensuring efficient use of spectrum, pursuant to the applicable Union law. The Commission should take into account the social, economic, cultural and international aspects affecting the use of the sub-700 MHz frequency band, further technological developments, changes in consumer behaviour and the requirements in connectivity to foster growth and innovation in the Union.

               (23)

               Since the objective of this Decision, namely to ensure a coordinated approach to the use of the 470-790 MHz frequency band in the Union in accordance with common objectives, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective,

         HAVE ADOPTED THIS DECISION:
   Article 1
   1.   By 30 June 2020, Member States shall allow the use of the 694-790 MHz (‘700 MHz’) frequency band for terrestrial systems capable of providing wireless broadband electronic communications services only under harmonised technical conditions established by the Commission pursuant to Article 4 of Decision No 676/2002/EC.
   Member States may, however, delay allowing the use of the 700 MHz frequency band for up to two years on the basis of one or more of the duly justified reasons set out in the Annex to this Decision. In the case of such a delay, the Member State concerned shall inform the other Member States and the Commission accordingly and shall include those duly justified reasons in the national roadmap adopted pursuant to Article 5 of this Decision. Where necessary, Member States shall carry out the authorisation process or amend relevant existing rights to use the spectrum in accordance with Directive 2002/20/EC, in order to allow such use.
   A Member State that delays allowing the use of the 700 MHz frequency band under the second subparagraph and the Member States affected by that delay shall cooperate with each other with a view to coordinating the process of releasing the 700 MHz frequency band for wireless broadband electronic communications services and shall include information on such coordination in the national roadmaps adopted pursuant to Article 5.
   2.   In order to allow the use of the 700 MHz frequency band in accordance with paragraph 1, Member States shall, by 31 December 2017, conclude all the necessary cross-border frequency-coordination agreements within the Union.
   3.   Member States shall not be bound by the obligations laid down in paragraphs 1 and 2 in geographical areas where frequency coordination with third countries remains unresolved, provided that Member States make all practicable efforts to minimise the duration and geographical scope of such unresolved coordination and report the results to the Commission, on an annual basis, until the outstanding coordination issues have been resolved.
   The first subparagraph shall apply to the spectrum coordination problems in the Republic of Cyprus arising from the fact that the Government of Cyprus is prevented from exercising effective control in part of its territory.
   4.   This Decision is without prejudice to the right of Member States to organise and use their spectrum for the purposes of public order, public security and defence.
   Article 2
   Upon the granting of the rights of use in the 700 MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services, Member States shall allow the transfer or leasing of such rights in accordance with open and transparent procedures pursuant to the applicable Union law.
   Article 3
   1.   When Member States authorise the use of or amend existing rights to use the 700 MHz frequency band, they shall take due account of the need to achieve the target speed and quality objectives set out in Article 6(1) of Decision No 243/2012/EU, including coverage in predetermined national priority areas where necessary, such as along major terrestrial transport paths, for the purpose of allowing wireless applications and European leadership in new digital services to contribute effectively to Union economic growth. Such measures may include conditions to facilitate or encourage the sharing of network infrastructure or spectrum in accordance with Union law.
   2.   In applying paragraph 1, Member States shall assess the need to attach conditions to the rights of use for frequencies within the 700 MHz frequency band and, where appropriate, shall consult relevant stakeholders in that regard.
   Article 4
   Member States shall ensure availability at least until 2030 of the 470-694 MHz (‘sub-700 MHz’) frequency band for the terrestrial provision of broadcasting services, including free television, and for use by wireless audio PMSE on the basis of national needs, while taking into account the principle of technological neutrality. Member States shall ensure that any other use of the sub-700 MHz frequency band on their territory is compatible with the national broadcasting needs in the relevant Member State and does not cause harmful interference to, or claim protection from, the terrestrial provision of broadcasting services in a neighbouring Member State. Such use shall be without prejudice to obligations resulting from international agreements, such as cross-border frequency-coordination agreements.
   Article 5
   1.   As soon as possible and no later than 30 June 2018, Member States shall adopt and make public their national plan and schedule (‘national roadmap’), including detailed steps for fulfilling their obligations under Articles 1 and 4. Member States shall draw up their national roadmaps after consulting all relevant stakeholders.
   2.   In order to ensure that the use of the 700 MHz frequency band is in accordance with Article 1(1), Member States shall include in their national roadmaps, where appropriate, information on measures, including any support measures, to limit the impact of the forthcoming transition process on the public and on wireless audio PMSE use and to facilitate the timely availability of interoperable television broadcasting network equipment and receivers in the internal market.
   Article 6
   Member States may, where appropriate and in accordance with Union law, ensure that adequate compensation for the direct cost, in particular for end users, of the migration or reallocation of spectrum use is provided promptly and in a transparent manner in order to, inter alia, facilitate transition to more spectrum-efficient technologies.
   At the request of the Member State concerned, the Commission may provide guidance on such compensation in order to facilitate the transition in spectrum use.
   Article 7
   The Commission shall, in cooperation with the Member States, report to the European Parliament and to the Council on developments in the use of the sub-700 MHz frequency band, with a view to ensuring efficient use of spectrum, pursuant to the applicable Union law. The Commission shall take into account the social, economic, cultural and international aspects affecting the use of the sub-700 MHz frequency band pursuant to Articles 1 and 4, further technological developments, changes in consumer behaviour and the requirements in connectivity to foster growth and innovation in the Union.
   Article 8
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   Article 9
   This Decision is addressed to the Member States.

      Done at Strasbourg, 17 May 2017.

            For the European Parliament

            The President

         A. TAJANI

            For the Council

            The President

         C. ABELA

      (1)  OJ C 303, 19.8.2016, p. 127.

      (2)  Position of the European Parliament of 15 March 2017 (not yet published in the Official Journal) and decision of the Council of 25 April 2017.

      (3)  Decision No 243/2012/EU of the European Parliament and of the Council of 14 March 2012 establishing a multiannual radio spectrum policy programme (OJ L 81, 21.3.2012, p. 7).

      (4)  Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) (OJ L 108, 24.4.2002, p. 1).

      (5)  Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33).

      (6)  Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ L 108, 24.4.2002, p. 21).

      ANNEX
      Justified reasons for a delay in allowing the use of 700 MHz frequency band for terrestrial systems capable of providing wireless broadband electronic communications services later than 30 June 2020 (Article 1(1)):

                  (1)

                  unresolved cross-border coordination issues resulting in harmful interferences;

                  (2)

                  the need to ensure, and the complexity of ensuring, the technical migration of a large amount of the population to advanced broadcasting standards;

                  (3)

                  the financial costs of transition exceeding the expected revenue generated by award procedures;

                  (4)

                     force majeure.