title: Commission Decision of 17 June 2015 establishing the Commission Expert Group ‘Platform for Tax Good Governance, Aggressive Tax Planning and Double Taxation’ and replacing Decision C(2013) 2236

text:
               23.6.2015

               EN

               Official Journal of the European Union

               C 206/5

         COMMISSION DECISION
   of 17 June 2015
   establishing the Commission Expert Group ‘Platform for Tax Good Governance, Aggressive Tax Planning and Double Taxation’ and replacing Decision C(2013) 2236
   (2015/C 206/04)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               In its communication of 6 December 2012 (1), the Commission presented an Action Plan to strengthen the fight against tax fraud and tax evasion. The communication was accompanied by two Recommendations, one on aggressive tax planning (2) and one regarding measures intended to encourage third countries to apply minimum standards of good governance in tax matters (3).

               (2)

               Commission Decision C(2013) 2236 (4) set up the Platform for Tax Good Governance, Aggressive Tax Planning and Double Taxation (the Platform), a Commission expert group, to review progress on a range of measures, including the 2012 Action Plan on tax fraud and evasion and the implementation of the two Recommendations. In its communication on double taxation in the single market (5), the Commission concluded that it would examine the potential benefits of setting up an EU Forum on double taxation. Given that double non-taxation and double taxation are often linked, it was deemed appropriate to also address double taxation in the Platform, and that is still the case today.

               (3)

               The European Parliament (6) and the Council of the European Union (7) have called for continuous efforts in the fight against tax fraud and tax avoidance.

               (4)

               The Platform has proved useful in providing input in the areas in which it is consulted. On 18 March 2015 the Commission adopted a package on tax transparency (8). On 17 June 2015 (9) it adopted a communication on a fairer corporate tax system in the Union (the 2015 Action Plan) where it reported on the application of the 2012 Recommendations with input from the Platform. In that communication the Commission announced that the mandate of the Platform would be prolonged, its scope expanded and its working methods enhanced.

               (5)

               With the development of the tax transparency and fair taxation agenda as defined in the two 2015 Commission communications, it is appropriate to review the tasks and operation of the Platform.

               (6)

               The Platform should allow for a dialogue in which experience and expertise are exchanged and the views of all stakeholders are heard.

               (7)

               The Platform should be chaired by a representative of the Commission and consist of representatives from the Member States’ tax authorities, organisations representing business or civil society and tax practitioners. It is desirable for reasons of continuity that current members of the Platform appointed for the period of application of Commission Decision C (2013) 2236 should remain in office until the end of their mandate on 22 April 2016.

               (8)

               Rules on disclosure of information by members of the Platform should be laid down.

               (9)

               Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (10).

               (10)

               Decision C (2013) 2236 should be repealed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   The group of experts ‘Platform for Tax Good Governance, Aggressive Tax Planning and Double Taxation’ (‘the Platform’) is hereby set up.
   Article 2
   Tasks
   The Platform’s tasks shall be:

               (a)

               to encourage discussion between business, civil society and national tax authorities’ experts on issues in the field of good governance in tax matters, aggressive tax planning and double taxation;

               (b)

               to provide the Commission with information relevant to the identification of priorities in the areas referred to in point (a) and the selection of the appropriate means and instruments to achieve progress in these areas;

               (c)

               to contribute to the best possible application and implementation of the two Commission Communications of 18 March 2015 and 17 June 2015, by identifying technical and practical issues potentially relevant in these areas, as well as possible solutions;

               (d)

               to discuss practical insights provided by tax authorities, as well as business, civil society and tax practitioners, and to elaborate on possible ways to address more efficiently the current double taxation problems affecting the smooth functioning of the internal market.

         For the purposes of this Decision, the term ‘good governance in tax matters’ covers transparency, exchange of information and fair tax competition.
   Article 3
   Consultation
   The Commission may consult the Platform on any matter relating to good governance in tax matters, aggressive tax planning and double taxation and the follow-up to the 2015 Action Plan.
   Article 4
   Membership — Appointment
   1.   The Platform shall be composed of a maximum of 43 members.
   2.   Members of the Platform shall be:

               (a)

               Member States’ tax authorities;

               (b)

               up to 15 business, civil society and tax practitioner organisations with competence in the matters referred to in Article 2.

         3.   The tax authorities of each Member State shall nominate one representative from among the officials dealing with cross-border taxation with a focus on fighting aggressive tax planning.
   4.   Current members of the Platform shall remain in office until 22 April 2016. Following a call for applications, the Director-General for Taxation and Customs Union shall appoint the members of the Platform referred to in point (b) of paragraph 2. The term of office of those members shall run from 23 April 2016 until 16 June 2019.
   5.   When responding to the call for applications, organisations shall nominate one representative and one alternate to replace a representative who is absent or indisposed. The Director-General for Taxation and Customs Union may object to the nomination of a representative or alternate by an organisation on the basis that the person concerned does not have the profile required in the call for applications. In such cases, the organisation concerned shall be asked to nominate another representative or another alternate.
   6.   Alternates shall be nominated on the same conditions as representatives. Alternates shall automatically replace any representatives who are absent or indisposed.
   7.   Organisations deemed suitable for membership, but not appointed, may be placed on a reserve list, which the Commission shall use to appoint replacements.
   8.   Organisations referred to in point (b) of paragraph 2 or their representatives may be replaced or excluded for the remainder of their term of office in any of the following situations:

               (a)

               where the organisation or its representative is no longer capable of contributing effectively to the Platform’s deliberations;

               (b)

               where the organisation or its representative does not comply with the condition set out in Article 339 of the Treaty;

               (c)

               where the organisation or its representative resigns;

               (d)

               where it is desirable in order to maintain a balanced representation of relevant areas of expertise and areas of interest.

         Where an organisation or its representative is replaced or excluded, the Director-General for Taxation and Customs Union may, as appropriate, appoint a replacement organisation from the reserve list referred to in paragraph 7 or ask an organisation to nominate another representative or another alternate.
   9.   The names of organisations and their representatives shall be published in the Register of Commission expert groups and other similar entities, hereinafter referred to as the ‘Register’, as well as on a dedicated website.
   10.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 5
   Operation
   1.   The Platform shall be chaired by the Director-General for Taxation and Customs Union or his representative.
   2.   To facilitate its efficient functioning the Platform shall establish two sub-groups in which government (Member States’ tax authorities) and non-government (business, civil society and tax practitioner organisations) representatives meet separately.
   3.   In agreement with the Chair, the Platform may set up other sub-groups to examine specific questions on the basis of terms of reference defined by the Platform. Such sub-groups shall be disbanded as soon as their mandate is fulfilled.
   4.   The Chairperson may, on an ad hoc basis, invite experts from outside the Platform with specific competence on a subject on the agenda to participate in the work of the Platform or sub-group. In addition, the Chairperson may give observer status to individuals, organisations, as defined in Rule 8(3) of the horizontal rules on expert groups (11) and candidate countries.
   5.   Members and their representatives, as well as invited experts and observers, shall comply with the obligation of professional secrecy laid down by the Treaties and other relevant Union rules, as well as with the rules regarding the protection of EU classified information, laid down in Commission Decision 2001/844/EC, ECSC, Euratom (12). Should they fail to respect these obligations, the Commission may take all appropriate measures.
   6.   The meetings of the Platform and its sub-groups shall in principle be held on Commission premises. The Commission shall provide secretarial services. Other Commission services with an interest in the proceedings may be involved and may attend meetings of the Platform and its sub-groups.
   7.   The Platform shall adopt its rules of procedure on the basis of the standard rules of procedure for expert groups.
   8.   The Commission shall publish all relevant documents on the activities carried out by the Platform (such as agendas, minutes and participants’ submissions) either in the Register or via a link from the Register to a dedicated website. A document shall not be published where its disclosure would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (13).
   Article 6
   Meeting expenses
   1.   Participants in the activities of the Platform shall not be remunerated for the services they render.
   2.   Travel and, where appropriate, subsistence expenses incurred by participants in the activities of the Platform shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
   3.   Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
   Article 7
   Repeal
   Decision C(2013) 2236 is repealed.
   Article 8
   Applicability
   This Decision shall apply until 16 June 2019.

      Done at Brussels, 17 June 2015.

            For the Commission

         Pierre MOSCOVICI

            Member of the Commission

      (1)  COM(2012) 722.

      (2)  C(2012) 8806 final.

      (3)  C(2012) 8805 final.

      (4)  Commission Decision C(2013) 2236 of 23 April 2013 on setting up a Commission Expert Group to be known as the Platform for Tax Good Governance, Aggressive Tax Planning and Double Taxation.

      (5)  COM(2011) 712 final.

      (6)  European Parliament resolution of 25 March 2015 on the Annual Tax Report.

      (7)  Ecofin Council 9.12.2014, European Council 18.12.2014.

      (8)  Communication on tax transparency to fight tax evasion and avoidance (COM(2015)136), and Proposal to introduce the automatic exchange of information between EU Member States on their tax rulings (COM(2015) 135).

      (9)  Communication of 17 June 2015 COM(2015) 302 final.

      (10)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (11)  Communication from the President to the Commission — Framework for Commission expert groups: horizontal rules and public register, C(2010) 7649 final.

      (12)  Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

      (13)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). These exceptions are intended to protect public security, military affairs, international relations, financial, monetary or economic policy, privacy and integrity of the individual, commercial interests, court proceedings and legal advice, inspections/investigations/audits and the institution’s decision-making process.


Important legal notice

|

32004D0468

2004/468/EC:COMMISSION DECISION of 29 April 2004 laying down transitional measures to be applied by Estonia and Hungary as regards the material collected when treating waste water under Regulation (EC) No 1774/2002 of the European Parliament and of the Council (Text with EEA relevance)

Official Journal L 160 , 30/04/2004 P. 0004 - 0006

		Komisijos sprendimas2004 m. balandžio 29 d.nustatantis pereinamojo laikotarpio priemones, kurias Estija ir Vengrija taikys dėl medžiagų, surinktų apdorojant nuotekas, pagal Europos Parlamento ir Tarybos reglamentą (EB) Nr. 1774/2002(tekstas svarbus EEE)(2004/468/EB)EUROPOS BENDRIJŲ KOMISIJA,atsižvelgdama į Čekijos Respublikos, Estijos, Kipro, Latvijos, Lietuvos, Vengrijos, Maltos, Lenkijos, Slovėnijos ir Slovakijos stojimo sutartį, ypač į jos 2 straipsnio 3 dalį,atsižvelgdama į Čekijos Respublikos, Estijos, Kipro, Latvijos, Lietuvos, Vengrijos, Maltos, Lenkijos, Slovėnijos ir Slovakijos stojimo aktą, ypač į jo 42 straipsnį,kadangi:(1) 2002 m. spalio 3 d. Europos Parlamento ir Tarybos reglamentas (EB) Nr. 1774/2002, nustatantis sveikatos taisykles gyvūninės kilmės šalutiniams produktams, neskirtiems vartoti žmonėms [1], pateikia tam tikrus reikalavimus dėl įmonių, perdirbančių 1 ir 2 kategorijos medžiagas, nuotekų apdorojimo.(2) Siekiant sudaryti sąlygas lengviau pereiti nuo kai kuriose naujosiose valstybėse narėse esančio režimo, kuris nevisiškai atitinka Reglamento (EB) Nr. 1774/2002 reikalavimus dėl nuotekų valymo.(3) Todėl turėtų būti leista Estijai iki 2004 m. rugpjūčio 31 d. ir Vengrijai – iki 2005 m. gegužės 1 d. taikyti kaip laikinąją priemonę leidžiančią nukrypti nuostatą, kad šioms šalims būtų sudaryta galimybė leisti šios veiklos vykdytojams toliau taikyti nacionalines taisykles 1 ir 2 kategorijų medžiagų surinkimui apdorojant nuotekas.(4) Tam, kad nebūtų leista kilti pavojui gyvūnų ir visuomenės sveikatai, pereinamuoju laikotarpiu Estija ir Kipras turėtų išlaikyti atitinkamas kontrolės sistemas.(5) Šiame sprendime numatytos priemonės atitinka Maisto grandinės ir gyvūnų sveikatos nuolatinio komiteto nuomonę,NUSPRENDĖ:1 straipsnis1. Nukrypstant nuo Reglamento (EB) Nr. 1774/2002 II priedo IX skyriaus, Estijai – ne vėliau kaip iki 2004 m. rugpjūčio 31 d. ir Vengrijai – ne vėliau kaip iki 2005 m. gegužės 1 d. leidžiama toliau, remiantis nacionalinėmis taisyklėmis, suteikti perdirbimo įmonių, patalpų ir skerdyklų, minėtų Reglamento (EB) Nr. 1774/2002 4 straipsnio 1 dalies d punkte ir 5 straipsnio 1 dalies b punkte, operatoriams taikyti šias taisykles nuotekų surinkimui, jei:a) visos gyvūninės kilmės medžiagos, surinktos esamose sistemose apdorojant nuotekas iš tų perdirbimo įmonių, patalpų ir skerdyklų, yra surenkamos, vežamos ir šalinamos pagal Reglamentą (EB) Nr. 1774/2002 atitinkamai kaip 1 arba 2 kategorijos medžiagos;b) nacionalinės taisyklės taikomos tik tose patalpose ir įmonėse, kuriose tos taisyklės buvo taikomos 2004 m. gegužės 1 d.2. Kompetentinga institucija imasi reikiamų priemonių, kuriomis bus kontroliuojama, kaip patvirtinti patalpų ir įmonių operatoriai laikosi 1 dalyje išdėstytų reikalavimų.2 straipsnis1. Jeigu bet kuris operatorius nebesilaiko arba patalpos ar įmonė nebeatitinka šiame sprendime nustatytų reikalavimų, kompetentingos institucijos jiems suteikti individualūs patvirtinimai dėl medžiagų, surinktų valant nuotekas, nedelsiant ir visam laikui panaikinami.2. Kompetentinga institucija panaikina Estijoje – ne vėliau kaip iki 2004 m. rugpjūčio 31 d. ir Vengrijoje – ne vėliau kaip iki 2005 m. gegužės 1 d. visus pagal 1 straipsnio 1 dalį suteiktus patvirtinimus.Kompetentinga institucija nesuteikia pagal Reglamentą (EB) Nr. 1774/2002 galutinio patvirtinimo, kol, remdamasi savo atliktais patikrinimais, neįsitikina, kad 1 straipsnyje minėtos patalpos ir įmonės atitinka to reglamento reikalavimus.3. Visos medžiagos, neatitinkančios šio sprendimo reikalavimų, pašalinamos pagal kompetentingos institucijos nurodymus.3 straipsnisEstija ir Vengrija nedelsdamos patvirtina reikiamas priemones, kurios įsigaliojusios, įgyvendina šį sprendimą, ir jas paskelbia. Apie tai jos nedelsdamos praneša Komisijai.4 straipsnisŠis sprendimas taikomas tik tuo atveju, jei įsigalioja Čekijos Respublikos, Estijos, Kipro, Latvijos, Lietuvos, Vengrijos, Maltos, Lenkijos, Slovėnijos ir Slovakijos Stojimo sutartis, ir tik nuo jos įsigaliojimo dienos.Sprendimas taikomas iki 2005 m. gegužės 1 d.Priimta Briuselyje, 2004 m. balandžio 29 d.Komisijos varduDavid ByrneKomisijos narys[1] OL L 273, 2002 10 10, p. 1. Reglamentas su paskutiniais pakeitimais, padarytais Komisijos reglamentu (EB) Nr. 688/2004 (OL L 112, 2004 4 19, p. 1).--------------------------------------------------


title: Decision (EU) 2017/1638 of the European Parliament of 27 April 2017 on the closure of the accounts of the Office of the Body of European Regulators for Electronic Communications for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/170

         DECISION (EU) 2017/1638 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on the closure of the accounts of the Office of the Body of European Regulators for Electronic Communications for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Office of the Body of European Regulators for Electronic Communications for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the Office of the Body of European Regulators for Electronic Communications for the financial year 2015, together with the Office'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 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Management Committee of the Office of the Body of European Regulators for Electronic Communications in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0076/2017),

               —

               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 Regulation (EC) No 1211/2009 of the European Parliament and of the Council of 25 November 2009 establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office (4), and in particular Article 13 thereof,

               —

               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 (5), and in particular Article 108 thereof,

               —

               having regard to Rule 94 of and Annex IV to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A8-0143/2017),

               1.

               Approves the closure of the accounts of the Office of the Body of European Regulators for Electronic Communications for the financial year 2015;

               2.

               Instructs its President to forward this decision to the Management Committee of the Office of the Body of European Regulators for Electronic Communications, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 22.

      (2)  See footnote 1.

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

      (4)  OJ L 337, 18.12.2009, p. 1.

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


title: Commission Decision (EU) 2015/345 of 2 March 2015 amending Decisions 2009/563/EC, 2009/564/EC, 2009/578/EC, 2010/18/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU and 2011/383/EU in order to prolong the validity of the ecological criteria for the award of the EU Ecolabel to certain products (notified under document C(2015) 1286)  Text with EEA relevance

text:
               4.3.2015

               EN

               Official Journal of the European Union

               L 60/39

         COMMISSION DECISION (EU) 2015/345
   of 2 March 2015
   amending Decisions 2009/563/EC, 2009/564/EC, 2009/578/EC, 2010/18/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU and 2011/383/EU in order to prolong the validity of the ecological criteria for the award of the EU Ecolabel to certain products

         (notified under document C(2015) 1286)

   (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(3)(c) thereof,
   After consulting the European Union Eco-Labelling Board,
   Whereas:

               (1)

               Commission Decision 2009/563/EC (2) expires on 30 June 2015.

               (2)

               Commission Decision 2009/564/EC (3) expires on 30 November 2015.

               (3)

               Commission Decision 2009/578/EC (4) expires on 30 November 2015.

               (4)

               Commission Decision 2010/18/EC (5) expires on 31 December 2015.

               (5)

               Commission Decision 2011/263/EU (6) expires on 28 April 2015.

               (6)

               Commission Decision 2011/264/EU (7) expires on 28 April 2015.

               (7)

               Commission Decision 2011/382/EU (8) expires on 24 June 2015.

               (8)

               Commission Decision 2011/383/EU (9) expires on 28 June 2015.

               (9)

               An assessment has been carried out to evaluate the relevance and appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by Decisions 2009/563/EC, 2009/564/EC, 2009/578/EC, 2010/18/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU and 2011/383/EU. As the current ecological criteria and the related assessment and verification requirements set out in those Decisions are still under revision, it is appropriate to prolong those periods of validity of the ecological criteria and those related assessment and verification requirements. Given the different stages of the revision processes, the period of validity of the ecological criteria and related assessment and verification requirements set out in Decision 2009/563/EC should be prolonged until 31 December 2015 and the period of validity of the ecological criteria and related assessment and verification requirements set out in Decisions 2009/564/EC, 2009/578/EC, 2010/18/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU and 2011/383/EU should be prolonged until 31 December 2016.

               (10)

               Decisions 2009/563/EC, 2009/564/EC, 2009/578/EC, 2010/18/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU and 2011/383/EU should therefore be amended accordingly.

               (11)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 3 of Decision 2009/563/EC is replaced by the following:

      ‘Article 3
      The ecological criteria for the product group “footwear”, and the related assessment and verification requirements, shall be valid until 31 December 2015.’

   Article 2
   Article 4 of Decision 2009/564/EC is replaced by the following:

      ‘Article 4
      The ecological criteria for the product group “campsite service”, and the related assessment and verification requirements, shall be valid until 31 December 2016.’

   Article 3
   Article 4 of Decision 2009/578/EC is replaced by the following:

      ‘Article 4
      The ecological criteria for the product group “tourist accommodation service”, and the related assessment and verification requirements, shall be valid until 31 December 2016.’

   Article 4
   Article 3 of Decision 2010/18/EC is replaced by the following:

      ‘Article 3
      The ecological criteria for the product group “wooden floor coverings”, and the related assessment and verification requirements, shall be valid until 31 December 2016.’

   Article 5
   Article 4 of Decision 2011/263/EU is replaced by the following:

      ‘Article 4
      The criteria for the product group “detergents for dishwashers”, and the related assessment and verification requirements, shall be valid until 31 December 2016.’

   Article 6
   Article 4 of Decision 2011/264/EU is replaced by the following:

      ‘Article 4
      The criteria for the product group “laundry detergents”, and the related assessment and verification requirements, shall be valid until 31 December 2016.’

   Article 7
   Article 4 of Decision 2011/382/EU is replaced by the following:

      ‘Article 4
      The criteria for the product group “hand dishwashing detergents”, and the related assessment and verification requirements, shall be valid until 31 December 2016.’

   Article 8
   Article 4 of Decision 2011/383/EU is replaced by the following:

      ‘Article 4
      The criteria for the product group “all-purpose cleaners and sanitary cleaners”, and the related assessment and verification requirements, shall be valid until 31 December 2016.’

   Article 9
   This Decision is addressed to the Member States.

      Done at Brussels, 2 March 2015.

            For the Commission

         Karmenu VELLA

            Member of the Commission

      (1)  OJ L 27, 30.1.2010, p. 1.

      (2)  Commission Decision 2009/563/EC of 9 July 2009 on establishing the ecological criteria for the award of the Community eco-label for footwear (OJ L 196, 28.7.2009, p. 27).

      (3)  Commission Decision 2009/564/EC of 9 July 2009 establishing the ecological criteria for the award of the Community eco-label for campsite service (OJ L 196, 28.7.2009, p. 36).

      (4)  Commission Decision 2009/578/EC of 9 July 2009 establishing the ecological criteria for the award of the Community eco-label for tourist accommodation service (OJ L 198, 30.7.2009, p. 57).

      (5)  Commission Decision 2010/18/EC of 26 November 2009 on establishing the ecological criteria for the award of the Community Ecolabel for wooden floor coverings (OJ L 8, 13.1.2010, p. 32).

      (6)  Commission Decision 2011/263/EU of 28 April 2011 on establishing the ecological criteria for the award of the EU Ecolabel to detergents for dishwashers (OJ L 111, 30.4.2011, p. 22).

      (7)  Commission Decision 2011/264/EU of 28 April 2011 on establishing the ecological criteria for the award of the EU Ecolabel for laundry detergents (OJ L 111, 30.4.2011, p. 34).

      (8)  Commission Decision 2011/382/EU of 24 June 2011 on establishing the ecological criteria for the award of the EU Ecolabel to hand dishwashing detergents (OJ L 169, 29.6.2011, p. 40).

      (9)  Commission Decision 2011/383/EU of 28 June 2011 on establishing the ecological criteria for the award of the EU Ecolabel to all-purpose cleaners and sanitary cleaners (OJ L 169, 29.6.2011, p. 52).


title: Council Decision 2014/915/CFSP of 16 December 2014 amending Decision 2010/452/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia

text:
               17.12.2014

               EN

               Official Journal of the European Union

               L 360/56

         COUNCIL DECISION 2014/915/CFSP
   of 16 December 2014
   amending Decision 2010/452/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28 and Articles 42(4) and 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 12 August 2010, the Council adopted Decision 2010/452/CFSP (1) which extended the European Union Monitoring Mission in Georgia, EUMM Georgia (‘EUMM Georgia’ or the ‘Mission’) established by Joint Action 2008/736/CFSP (2). Decision 2010/452/CFSP expires on 14 December 2014.

               (2)

               EUMM Georgia should be extended for a further period of two years on the basis of its current mandate.

               (3)

               The Mission will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty.

               (4)

               Decision 2010/452/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/452/CFSP is hereby amended as follows:

               (1)

               in Article 7, paragraph 3 is replaced by the following:
               ‘3.   All staff shall abide by the Mission-specific minimum security operating standards and the Mission security plan supporting the Union's field security policy. As regards the protection of EU classified information with which staff are entrusted in the course of their duties, all staff shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (3).

                  (3)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).’"
						;

               (2)

               in Article 12, paragraph 5 is replaced by the following:
               ‘5.   The Head of Mission shall ensure the protection of EU classified information in accordance with Decision 2013/488/EU.’;

               (3)

               in Article 14, paragraph 1, the following subparagraph is added:
               ‘The financial reference amount intended to cover the expenditure related to the Mission between 15 December 2014 and 14 December 2015 shall be EUR 18 300 000.’;

               (4)

               the following Article is inserted:
               ‘Article 14a
               Project Cell
               1.   EUMM Georgia shall have a Project Cell for identifying and implementing projects. EUMM Georgia shall, as appropriate, facilitate and provide advice on projects implemented by Member States and third States under their responsibility in areas related to EUMM Georgia and in support of its objectives.
               2.   Subject to paragraph 3, EUMM Georgia shall be authorised to seek recourse to financial contributions from the Member States or third States in order to implement projects identified as supplementing EUMM Georgia's other actions in a consistent manner, if those projects are:

                           (a)

                           provided for in the financial statement relating to this Decision; or

                           (b)

                           integrated during the mandate by means of an amendment to the financial statement requested by the Head of Mission.

                     EUMM Georgia shall conclude an arrangement with those States, covering in particular the specific procedures for dealing with any complaint from third parties concerning damage caused as a result of acts or omissions by EUMM Georgia in the use of the funds provided by those States. Under no circumstances may the contributing States hold the Union or the HR liable for acts or omissions by EUMM Georgia in the use of the funds provided by those States.
               3.   Financial contributions from third States to the Project Cell shall be subject to acceptance by the PSC.’;

               (5)

               in Article 16, paragraphs 1, 2 and 3 are replaced by the following:
               ‘1.   The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of the Mission, EU classified information and documents up to “CONFIDENTIEL UE/EU CONFIDENTIAL” level generated for the purposes of the Mission, in accordance with Decision 2013/488/EU.
               2.   The HR shall also be authorised to release to the UN and the OSCE, in accordance with the operational needs of the Mission, EU classified information and documents up to “RESTREINT UE/EU RESTRICTED” level which are generated for the purposes of the Mission, in accordance with Decision 2013/488/EU. Arrangements between the HR and the competent authorities of the UN and the OSCE shall be drawn up for that purpose.
               3.   In the event of a specific and immediate operational need, the HR shall also be authorised to release to the host State any EU classified information and documents up to “RESTREINT UE/EU RESTRICTED” level which are generated for the purposes of the Mission, in accordance with Decision 2013/488/EU. Arrangements between the HR and the competent authorities of the host State shall be drawn up for that purpose.’;

               (6)

               in Article 18, the second paragraph is replaced by the following:
               ‘It shall expire on 14 December 2016.’.
         Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 15 December 2014.

      Done at Brussels, 16 December 2014.

            For the Council

            The President

         S. GOZI

      (1)  Council Decision 2010/452/CFSP of 12 August 2010 on the European Union Monitoring Mission in Georgia, EUMM Georgia (OJ L 213, 13.8.2010, p. 43).

      (2)  Council Joint Action 2008/736/CFSP of 15 September 2008 on the European Union Monitoring Mission in Georgia, EUMM Georgia (OJ L 248, 17.9.2008, p. 26).


title: 2010/601/EU: Council Decision of 1 October 2010 appointing one Italian alternate member of the Committee of the Regions

text:
               7.10.2010

               EN

               Official Journal of the European Union

               L 264/16

         COUNCIL DECISION
   of 1 October 2010
   appointing one Italian alternate member of the Committee of the Regions
   (2010/601/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Italian Government,
   Whereas:

               (1)

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

               (2)

               An alternate member’s seat has become vacant following the end of mandate of Mr Salvatore MANGIAFICO,

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

               —

               Mr Samuele BALDINI,

                  Consigliere, Provincia di Firenze

         Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 1 October 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  OJ L 348, 29.12.2009, p. 22 and OJ L 12, 19.1.2010, p. 11.


title: Council Decision (EU) 2016/334 of 4 March 2016 appointing two alternate members, proposed by the Republic of Lithuania, of the Committee of the Regions

text:
               9.3.2016

               EN

               Official Journal of the European Union

               L 62/17

         COUNCIL DECISION (EU) 2016/334
   of 4 March 2016
   appointing two alternate members, proposed by the Republic of Lithuania, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Lithuanian Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               Two alternate members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Ms Odeta ŽERLAUSKIENĖ and Mr Jonas PINSKUS,

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

               —

               Ms Andžela ŠAKINIENĖ, Member of Klaipėda District Municipal Council,

               —

               Mr Kęstutis VAITUKAITIS, Member of Elektrėnai Municipal Council.

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

      Done at Brussels, 4 March 2016.

            For the Council

            The President

         S.A.M. DIJKSMA

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

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

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


Avis juridique important

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32002D0498

2002/498/EC: Commission Decision of 5 June 2002 accepting an undertaking in connection with the anti-dumping proceeding concerning imports of urea originating, inter alia, in Lithuania

Official Journal L 168 , 27/06/2002 P. 0051 - 0052

Commission Decisionof 5 June 2002accepting an undertaking in connection with the anti-dumping proceeding concerning imports of urea originating, inter alia, in Lithuania(2002/498/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/1996(1) of 22 December 1995 on protection against dumped imports from countries not members of the European Community, as last amended by Council Regulation (EC) No 2238/2000(2), and in particular Articles 8 and 9 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) The Commission, by Regulation (EC) No 1497/2001(3) (the provisional Regulation) imposed a provisional anti-dumping duty on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine, and accepted an undertaking offered by an exporting producer in Bulgaria.(2) The Council, by Regulation (EC) No 92/2002(4) (the definitive Regulation), imposed definitive anti-dumping duties on imports of urea originating in Belarus, Bulgaria, Croatia, Estonia, Libya, Lithuania, Romania and the Ukraine and exempted a Bulgarian exporting producer from the said duties as an undertaking had been accepted by the Commission from the company concerned.(3) During the investigation, prior to the imposition of provisional measures, the only Lithuanian exporting producer of the product concerned, Joint Stock Company Achema (Achema) had offered an undertaking, which could not be accepted by the Commission for the reasons set out in detail in recital 237 of the provisional Regulation.(4) Following disclosure of the facts and considerations on the basis of which it was intended to recommend the imposition of definitive duties, Achema presented to the Commission services within the deadlines stipulated, a revised offer for a price undertaking. This undertaking offer could not be accepted due to the fact that Achema also sold other fertilisers to the Community. The existence of sales of other fertilisers rendered the commitment to respect minimum prices for urea easy to circumvent by means of compensation with sales of those fertilisers at lower prices.(5) Subsequently, Achema submitted a substantially revised undertaking offer. It is considered that the revised offer would not only eliminate the injurious effect of dumping but also seriously limit any risk of circumvention in the form of cross-compensation with other products since, in addition to the minimum price set for urea, the company offered to respect a precise price level for the other fertilisers that it also exports to the Community. The company also accepted to respect the remaining formal requirements and reporting obligations usually stipulated in undertakings for all fertilisers exported to the Community.(6) This final, acceptable, offer of a price undertaking was made by Achema prior to the publication of the definitive findings, but at such a late stage in the proceeding that it was administratively impossible to include its acceptance in the definitive Regulation. Exceptionally, and particularly taking account of the company's efforts throughout the proceeding to offer an undertaking which would overcome the Commissions concerns regarding the risk of circumvention and the elimination of injury, it is considered appropriate to accept the undertaking notwithstanding the fact that it was made after the period during which representations must be made pursuant to Article 20(5) of the Basic Regulation.(7) The Community industry was informed of this revised offer and maintained its position that due to the general conditions in the fertiliser market which is characterised by significant price variations, any undertaking in the form of a minimum price would be inefficient and would undermine the anti-dumping measures imposed. It should be noted that although certain price variations have been observed on the urea market, these were not sufficient as to render any undertaking inefficient. This was also confirmed by the fact that an undertaking from a Bulgarian exporting producer concerned by the investigation which led to the imposition of definitive duties (the original investigation) had already been in place for several months and there were no indications that this undertaking has been inefficient. There is therefore no reason to believe that the undertaking offered by Achema would be inefficient.(8) The Community industry also opposed to the acceptance of an undertaking so soon after the imposition of a definitive specific anti-dumping duty. It further alleged that the final undertaking proposal did not differ substantially from the previously refused offer made by the company, where it proposed to follow market prices for the other fertilisers exported to the Community.(9) For the reasons explained in recitals 5 and 6, these arguments had to be rejected.(10) Finally, the Community industry claimed that other products were produced by Achema which could be used for cross-compensation. In this respect it should be noted that the undertaking offer contains a clause for "the Company", i.e. Achema and any of its related companies, not to enter into compensatory arrangements in any form with its unrelated customers. Furthermore, under the proposed form of the undertaking the risk of cross-compensation is already limited.(11) Finally, the Community industry claimed that accepting an undertaking from certain exporters would constitute an unjustified discrimination vis-à-vis other exporters concerned by the original investigation from which an undertaking had not been accepted.(12) In this regard, it should be noted that each undertaking offer has to be examined on its own merits on the basis of the criteria laid down in Article 8 of Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community. Thus, undertaking offers can only be accepted in cases where they eliminate the injurious dumping and allow effective monitoring. This was the case for Achema and for the Bulgarian company but not for the remaining companies which offered undertakings.(13) Consequently, none of the arguments brought forward by the Community industry alter the Commissions conclusion that the undertaking offered by Achema eliminates the injurious effect of dumping and seriously limits any risk of circumvention in the form of cross-compensation with other products.B. UNDERTAKING(14) In view of the foregoing, the Commission considers that the undertaking offered by Achema can be accepted since it eliminates the injurious effects of dumping. Moreover, the regular and detailed reports which the company undertook to provide to the Commission will allow effective monitoring. In addition, the price commitments the company undertook allow the Commission to conclude that the risk of circumvention of the undertaking will be adequately limited,HAS ADOPTED THIS DECISION:Article 1The undertaking offered in accordance with Article 8(2) of Regulation (EC) No 384/96 by joint stock company, Achema, Lithuania (TARIC additional code A375), in the framework of the anti-dumping proceedings concerning imports of urea originating, inter alia, in Lithuania is hereby accepted.Article 2This Decision takes effect on the day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 5 June 2002.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 257, 11.10.2000, p. 2.(3) OJ L 197, 21.7.2001, p. 4.(4) OJ L 17, 19.1.2002, p. 1.