title: Council Decision (EU) 2016/815 of 17 May 2016 concerning the accession of Croatia to the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests and to the Protocol of 27 September 1996, the Protocol of 29 November 1996 and the Second Protocol of 19 June 1997 thereto

text:
               24.5.2016

               EN

               Official Journal of the European Union

               L 133/9

         COUNCIL DECISION (EU) 2016/815
   of 17 May 2016
   concerning the accession of Croatia to the Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests and to the Protocol of 27 September 1996, the Protocol of 29 November 1996 and the Second Protocol of 19 June 1997 thereto
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to the Act of Accession of Croatia, and in particular Article 3(4) and (5) thereof,
   Having regard to the recommendation from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The Convention, drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests (2) (‘the Convention’) was signed on 26 July 1995 and entered into force on 17 October 2002.

               (2)

               The Convention was supplemented by the Protocol, drawn up on the basis of Article K.3 of the Treaty on European Union, to the Convention on the protection of the European Communities' financial interests (3) (‘the Protocol of 27 September 1996’) and the Protocol, drawn up on the basis of Article K.3 of the Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests (4) (‘the Protocol of 29 November 1996’), both of which entered into force on 17 October 2002.

               (3)

               The Convention was further supplemented by the Second Protocol, drawn up on the basis of Article K.3 of the Treaty on European Union, to the Convention on the protection of the European Communities' financial interests (5) (‘the Second Protocol of 19 June 1997’), which entered into force on 19 May 2009.

               (4)

               Article 3(4) of the Act of Accession of Croatia (‘the Act of Accession’) provides that Croatia accedes to the conventions and protocols listed in Annex I to the Act of Accession. Those conventions and protocols comprise, inter alia, the Convention, the Protocol of 27 September 1996, the Protocol of 29 November 1996 and the Second Protocol of 19 June 1997. The Convention and those Protocols are to enter into force in relation to Croatia on the date determined by the Council.

               (5)

               In accordance with Article 3(5) of the Act of Accession, the Council is to decide to make all adjustments required by reason of the accession of Croatia to the conventions and protocols listed in Annex I to the Act of Accession,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Convention, the Protocol of 27 September 1996, the Protocol of 29 November 1996 and the Second Protocol of 19 June 1997 shall enter into force for Croatia on the first day of the first month following the date of publication of this Decision.
   Article 2
   The Croatian-language versions of the Convention (6), the Protocol of 27 September 1996 (7), the Protocol of 29 November 1996 (8) and the Second Protocol of 19 June 1997 (9) shall be authentic under the same conditions as the other language versions of the Convention and of those Protocols.
   Article 3
   This Decision shall take effect on the date following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 17 May 2016.

            For the Council

            The President

         M.H.P. VAN DAM

      (1)  Opinion of 25 February 2016 (not yet published in the Official Journal).

      (2)  OJ C 316, 27.11.1995, p. 49.

      (3)  OJ C 313, 23.10.1996, p. 2.

      (4)  OJ C 151, 20.5.1997, p. 2.

      (5)  OJ C 221, 19.7.1997, p. 12.

      (6)  The Croatian-language version has been published in a special edition of the Official Journal (Chapter 19, Volume 014, p. 50).

      (7)  The Croatian-language version has been published in a special edition of the Official Journal (Chapter 19, Volume 014, p. 73).

      (8)  The Croatian-language version has been published in a special edition of the Official Journal (Chapter 19, Volume 014, p. 92).

      (9)  The Croatian-language version has been published in a special edition of the Official Journal (Chapter 19, Volume 014, p. 141).


title: 2008/775/EC,Euratom: Council Decision of 2 October 2008 appointing a Bulgarian member of the European Economic and Social Committee

text:
               7.10.2008

               EN

               Official Journal of the European Union

               L 266/13

      COUNCIL DECISION

   of 2 October 2008
   appointing a Bulgarian member of the European Economic and Social Committee
   (2008/775/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Decision 2007/3/EC, Euratom (1),
   Having regard to the proposal of the Bulgarian Government,
   Having regard to the opinion of the Commission,
   Whereas a member’s seat on the European Economic and Social Committee has become vacant following the resignation of Ms Andriana SUKOVA-TOSHEVA,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Ms Lena ROUSSENOVA, Chief Economist and Programme Director, Confederation of Employers and Industrialists in Bulgaria, is hereby appointed a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Luxembourg, 2 October 2008.

            For the Council

            The President

         X. BERTRAND

      (1)  OJ L 1, 4.1.2007, p. 6.


title: 2008/785/EC: Commission Decision of 9 October 2008 amending Commission Decision 2005/56/EC setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003

text:
               10.10.2008

               EN

               Official Journal of the European Union

               L 269/11

      COMMISSION DECISION

   of 9 October 2008
   amending Commission Decision 2005/56/EC setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003
   (2008/785/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (1), and in particular Article (3)(1) thereof,
   Whereas:

               (1)

               The Education, Audiovisual and Culture Executive Agency (hereinafter referred to as the Agency) was set up by Commission Decision 2005/56/EC (2). It manages Community action in the fields of education, audiovisual and culture, including projects financed by European external assistance policy instruments, by the ninth European Development Fund and by certain agreements concluded by the Community with the United States of America and with Canada.

               (2)

               On 31 December 2006 the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-06) came to an end. The Commission decided to extend this action over the period 2007-13 (Tempus IV) and to finance it through three European external assistance policy instruments, namely the Instrument for Pre-Accession Assistance (IPA), the European neighbourhood and partnership instrument and the financing instrument for development cooperation.

               (3)

               On the basis of the initiatives undertaken by the Community with the United States of America and Canada, the Commission additionally decided to strengthen cooperation in the fields of education and youth with industrialised and other high-income countries and territories.

               (4)

               An external evaluation finalised in April 2008 by the Commission showed that using the Agency was the best way to manage Tempus (the fourth phase and the winding up of the third phase) and the projects financed by the instrument of cooperation with industrialised and other high-income countries and territories. This evaluation therefore recommended that the Agency's tasks be extended to include the management of these programmes and projects.

               (5)

               Decision 2005/56/EC must be amended accordingly.

               (6)

               The provisions set out in this Decision are in accordance with the opinion of the Regulatory Committee for Executive Agencies,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Article 4(1) of Decision 2005/56/EC is replaced by the following:

      ‘1.   The Agency is hereby entrusted with the management of certain strands of the following Community programmes:

                  1.

                  projects in the field of higher education which could be funded under the provisions on economic aid for certain countries of central and eastern Europe (Phare), approved by Council Regulation (EEC) No 3906/89 (3);

                  2.

                  the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), established by Council Decision 95/563/EC (4);

                  3.

                  the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), established by Council Decision 95/564/EC (5);

                  4.

                  the second phase of the Community action programme in the field of education “Socrates” (2000-06), approved by Decision No 253/2000/EC of the European Parliament and of the Council (6);

                  5.

                  the second phase of the Community vocational training action programme “Leonardo da Vinci” (2000-06), approved by Council Decision 1999/382/EC (7);

                  6.

                  the “Youth” Community action programme (2000-06), approved by Decision No 1031/2000/EC of the European Parliament and of the Council (8);

                  7.

                  the “Culture 2000” programme (2000-06), approved by Decision No 508/2000/EC of the European Parliament and of the Council (9);

                  8.

                  projects in the field of higher education which could be funded under the provisions on assistance for the partner states of eastern Europe and central Asia (2000-06), as provided for in Council Regulation (EC, Euratom) No 99/2000 (10);

                  9.

                  projects in the field of higher education which could be funded under the provisions on assistance for Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (UNSCR 1244) (2000-06), approved under Council Regulation (EC) No 2666/2000 (11);

                  10.

                  projects in the field of higher education which could be funded under the provisions on financial and technical measures to accompany the reform of economic and social structures in the framework of the Euro-Mediterranean partnership (MEDA), approved under Council Regulation (EC) No 2698/2000 (12);

                  11.

                  the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-06), approved by Council Decision 1999/311/EC (13);

                  12.

                  projects which could be funded under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-05), approved by Council Decision 2001/196/EC (14);

                  13.

                  projects which could be funded under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-05), approved by Council Decision 2001/197/EC (15);

                  14.

                  the programme to encourage the development of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-06), approved by Council Decision 2000/821/EC (16);

                  15.

                  the training programme for professionals of the European audiovisual programme industry (MEDIA — Training) (2001-06), approved by Decision No 163/2001/EC of the European Parliament and of the Council (17);

                  16.

                  the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-06), approved by Decision No 2318/2003/EC of the European Parliament and of the Council (18);

                  17.

                  the Community action programme to promote active European citizenship (civic participation) (2004-06), approved by Council Decision 2004/100/EC (19);

                  18.

                  the Community action programme to promote bodies active at European level in the field of youth (2004-06), approved by Decision No 790/2004/EC of the European Parliament and of the Council (20);

                  19.

                  the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-06), approved by Decision No 791/2004/EC of the European Parliament and of the Council (21);

                  20.

                  the Community action programme to promote bodies active at European level in the field of culture (2004-06), approved by Decision No 792/2004/EC of the European Parliament and of the Council (22);

                  21.

                  the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-08), approved by Decision No 2317/2003/EC of the European Parliament and of the Council (23);

                  22.

                  projects which could be funded under the provisions of the Agreement between the European Community and the United States of America renewing the programme of cooperation in the field of higher education and vocational education and training (2006-13), approved by Council Decision 2006/910/EC (24);

                  23.

                  projects which could be funded under the provisions of the Agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-13), approved by Council Decision 2006/964/EC (25);

                  24.

                  the action programme in the field of lifelong learning (2007-13), approved by Decision No 1720/2006/EC of the European Parliament and of the Council (26);

                  25.

                  the “Culture” programme (2007-13), approved by Decision No 1855/2006/EC of the European Parliament and of the Council (27);

                  26.

                  the “Europe for Citizens” programme to promote active European citizenship (2007-13), approved by Decision No 1904/2006/EC of the European Parliament and of the Council (28);

                  27.

                  the “Youth in Action” programme (2007-13), approved by Decision No 1719/2006/EC of the European Parliament and of the Council (29);

                  28.

                  the support programme for the European audiovisual sector (MEDIA 2007) (2007-13), approved by Decision No 1718/2006/EC of the European Parliament and of the Council (30);

                  29.

                  projects in the field of higher education which could be funded under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Council Regulation (EEC) No 443/92 (31);

                  30.

                  projects in the field of higher education and youth which could be funded under the provisions of the Instrument for Pre-Accession Assistance (IPA), established by Council Regulation (EC) No 1085/2006 (32);

                  31.

                  projects in the field of higher education which could be funded under the provisions of the European neighbourhood and partnership instrument, created by Regulation (EC) No 1638/2006 of the European Parliament and of the Council (33);

                  32.

                  projects in the field of higher education which could be funded under the provisions of the financing instrument for development cooperation, established by Regulation (EC) No 1905/2006 of the European Parliament and of the Council (34);

                  33.

                  projects in the field of higher education and youth which could be funded under the provisions of the financing instrument for cooperation with industrialised and other high-income countries and territories (ICI), established by Council Regulation (EC) No 1934/2006 (35);

                  34.

                  projects in the field of higher education which could be financed by resources from the ninth European Development Fund (2000-07) (36).

      Done at Brussels, 9 October 2008.

            For the Commission

         Ján FIGEĽ

            Member of the Commission

      (1)  OJ L 11, 16.1.2003, p. 1.

      (2)  OJ L 24, 27.1.2005, p. 35.

      (3)  OJ L 375, 23.12.1989, p. 11.

      (4)  OJ L 321, 30.12.1995, p. 25.

      (5)  OJ L 321, 30.12.1995, p. 33.

      (6)  OJ L 28, 3.2.2000, p. 1.

      (7)  OJ L 146, 11.6.1999, p. 33.

      (8)  OJ L 117, 18.5.2000, p. 1.

      (9)  OJ L 63, 10.3.2000, p. 1.

      (10)  OJ L 12, 18.1.2000, p. 1.

      (11)  OJ L 306, 7.12.2000, p. 1.

      (12)  OJ L 311, 12.12.2000, p. 1.

      (13)  OJ L 120, 8.5.1999, p. 30.

      (14)  OJ L 71, 13.3.2001, p. 7.

      (15)  OJ L 71, 13.3.2001, p. 15.

      (16)  OJ L 336, 30.12.2000, p. 82.

      (17)  OJ L 26, 27.1.2001, p. 1.

      (18)  OJ L 345, 31.12.2003, p. 9.

      (19)  OJ L 30, 4.2.2004, p. 6.

      (20)  OJ L 138, 30.4.2004, p. 24.

      (21)  OJ L 138, 30.4.2004, p. 31.

      (22)  OJ L 138, 30.4.2004, p. 40.

      (23)  OJ L 345, 31.12.2003, p. 1.

      (24)  OJ L 346, 9.12.2006, p. 33.

      (25)  OJ L 397, 30.12.2006, p. 14.

      (26)  OJ L 327, 24.11.2006, p. 45.

      (27)  OJ L 372, 27.12.2006, p. 1.

      (28)  OJ L 378, 27.12.2006, p. 32.

      (29)  OJ L 327, 24.11.2006, p. 30.

      (30)  OJ L 327, 24.11.2006, p. 12.

      (31)  OJ L 52, 27.2.1992, p. 1.

      (32)  OJ L 210, 31.7.2006, p. 82.

      (33)  OJ L 310, 9.11.2006, p. 1.

      (34)  OJ L 378, 27.12.2006, p. 41.

      (35)  OJ L 405, 3.12.2006, p. 37.

      (36)  OJ L 317, 15.12.2000, p. 355.’


title: 2014/744/EU: Council Decision of 21 October 2014 on the launch of automated data exchange with regard to Vehicle Registration Data (VRD) in Estonia

text:
               29.10.2014

               EN

               Official Journal of the European Union

               L 308/102

         COUNCIL DECISION
   of 21 October 2014
   on the launch of automated data exchange with regard to Vehicle Registration Data (VRD) in Estonia

      (2014/744/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (5)

               Estonia has completed the questionnaire on data protection and the questionnaire on Vehicle Registration Data (VRD).

               (6)

               A successful pilot run has been carried out by Estonia with the Netherlands.

               (7)

               An evaluation visit has taken place in Estonia and a report on the evaluation visit has been produced by the Dutch/Finnish evaluation team and forwarded to the relevant Council Working Group.

               (8)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning VRD has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching of vehicle registration data (VRD), Estonia has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Article 12 of that Decision as from the day of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 21 October 2014.

            For the Council

            The President

         S. GOZI

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


title: 2011/66/EU: Decision of the European Central Bank of 25 November 2010 on the allocation of monetary income of the national central banks of Member States whose currency is the euro (ECB/2010/23)

text:
               9.2.2011

               EN

               Official Journal of the European Union

               L 35/17

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 25 November 2010
   on the allocation of monetary income of the national central banks of Member States whose currency is the euro
   (recast)
   (ECB/2010/23)
   (2011/66/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), and in particular Article 32 thereof,
   Whereas:

               (1)

               Decision ECB/2001/16 of 6 December 2001 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002 (1) has been substantially amended several times (2). Since further amendments are to be made, it should be recast in the interests of clarity.

               (2)

               Pursuant to Article 32.1 of the Statute of the ESCB, monetary income is the income accruing to the NCBs in the performance of the monetary policy function. Pursuant to Article 32.2 of the Statute of the ESCB, the amount of each NCB’s monetary income is equal to its annual income derived from its assets held against notes in circulation and deposit liabilities to credit institutions. These assets are to be earmarked by NCBs in accordance with the guidelines of the Governing Council. NCBs should earmark the assets ensuing from the performance of the monetary policy function as assets held against the notes in circulation and deposit liabilities to credit institutions. Pursuant to Article 32.4 of the Statute of the ESCB, the amount of each NCB’s monetary income is reduced by an amount equivalent to any interest paid by that NCB on its deposit liabilities to credit institutions in accordance with Article 19.

               (3)

               Pursuant to Article 32.5 of the Statute of the ESCB, the sum of the monetary income of the NCBs is allocated to them in proportion to their paid-up shares in the capital of the European Central Bank (ECB).

               (4)

               Pursuant to Articles 32.6 and 32.7 of the Statute of the ESCB, the Governing Council is empowered to establish guidelines for the clearing and settlement by the ECB of the balances arising from the allocation of monetary income and to take all other measures necessary for the application of Article 32.

               (5)

               Pursuant to Article 10 of Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (3), the ECB and the NCBs put euro banknotes into circulation. Article 15 of this Regulation provides that banknotes denominated in national currency units remain legal tender within their territorial limits until 6 months from the respective cash changeover date at the latest. The cash changeover year should thus be regarded as a special year, since banknotes in circulation denominated in national currency units may still account for a considerable proportion of the banknotes in circulation.

               (6)

               Article 15(1) of Guideline ECB/2006/9 of 14 July 2006 on certain preparations for the euro cash changeover and on frontloading and sub-frontloading of euro banknotes and coins outside the euro area (4) provides that euro banknotes frontloaded to eligible counterparties are debited in those counterparties’ accounts with their NCB at their face value, in accordance with the following ‘linear debiting model’: the total amount of frontloaded euro banknotes are debited in three equal instalments, on the settlement date of the first, fourth and fifth Eurosystem main refinancing operations following the cash changeover date. The calculation of monetary income for the cash changeover year needs to take account of this ‘linear debiting model’.

               (7)

               This Decision is related to Decision ECB/2010/29 of 13 December 2010 on the issue of euro banknotes (5), which provides that the ECB and the NCBs issue euro banknotes. Decision ECB/2010/29 establishes the allocation of euro banknotes in circulation to the NCBs in proportion to their paid-up shares in the capital of the ECB. It also allocates to the ECB 8 % of the total value of euro banknotes in circulation. The allocation of euro banknotes among Eurosystem members gives rise to intra-Eurosystem balances. The remuneration of these intra-Eurosystem balances on euro banknotes in circulation has a direct effect on the income of each Eurosystem member, and therefore it should be regulated under this Decision. The income accruing to the ECB on the remuneration of its intra-Eurosystem claims on NCBs related to its share of euro banknotes in circulation should in principle be distributed to the NCBs in accordance with Decision ECB/2010/24 of 25 November 2010 on the interim distribution of the income of the European Central Bank on euro banknotes in circulation and arising from securities purchased under the securities markets programme (6) in proportion to their shares in the subscribed capital key in the same financial year it accrues.

               (8)

               The net balance of the intra-Eurosystem claims and liabilities on euro banknotes in circulation should be remunerated by applying an objective criterion defining the cost of money. In this context, the main refinancing operations rate used by the Eurosystem in its tenders for main refinancing operations is regarded as appropriate.

               (9)

               The net intra-Eurosystem liabilities on euro banknotes in circulation should be included in the liability base for the purposes of the calculation of the NCBs’ monetary income pursuant to Article 32.2 of the Statute of the ESCB as they are equivalent to banknotes in circulation. The settlement of interest on intra-Eurosystem balances on euro banknotes in circulation will therefore result in the distribution of a substantial amount of the Eurosystem’s monetary income among NCBs in proportion to their paid-up shares in the capital of the ECB. These intra-Eurosystem balances should be adjusted to allow for a gradual adaptation of the NCBs’ balance sheets and profit and loss accounts. The adjustments should be based on the value of banknotes in circulation of each NCB during a period prior to the introduction of euro banknotes. These adjustments should apply on a yearly basis in accordance with a fixed formula for no more than 5 years thereafter.

               (10)

               The adjustments to the intra-Eurosystem balances on euro banknotes in circulation have been calculated in order to compensate for any significant changes in the NCBs’ income positions as a consequence of the introduction of euro banknotes and the subsequent allocation of monetary income.

               (11)

               The general rules laid down in Article 32 of the Statute of the ESCB also apply to the income resulting from the write-off of euro banknotes that have been withdrawn from circulation.

               (12)

               Article 32.5 of the Statute of the ESCB specifies that the sum of the NCBs’ monetary income is allocated to the NCBs in proportion to their paid up shares in the ECB’s capital. Pursuant to Article 32.7 of the Statute of the ESCB, the Governing Council is competent to take all other measures necessary for the application of Article 32. This includes the competence to take account of other factors when deciding on the allocation of income resulting from the write-off of euro banknotes that have been withdrawn from circulation. In this context, the principles of equal treatment and fairness require that account be taken of the time period during which the withdrawn euro banknotes were issued. The allocation key for this specific income must therefore reflect both the relevant share in the ECB’s capital and the length of the issue phase.

               (13)

               The withdrawal of euro banknotes needs to be regulated by separate decisions to be taken pursuant to Article 5 of Decision ECB/2003/4 of 20 March 2003 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes (7),

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   For the purposes of this Decision:

               (a)

               ‘NCB’ means a national central bank of a Member State whose currency is the euro;

               (b)

               ‘liability base’ means the amount of qualifying liabilities, within the balance sheet of each NCB, specified in accordance with Annex I to this Decision;

               (c)

               ‘earmarkable assets’ means the amount of assets held against the liability base, within the balance sheet of each NCB, specified in accordance with Annex II to this Decision;

               (d)

               ‘intra-Eurosystem balances on euro banknotes in circulation’ means the claims and liabilities arising between an NCB and the ECB and between an NCB and the other NCBs as a result of the application of Article 4 of Decision ECB/2010/29;

               (e)

               ‘subscribed capital key’ means the NCBs’ shares, expressed as percentages, in the ECB’s subscribed capital that result from applying to the NCBs the weightings in the key referred to in Article 29.1 of the Statute of the ESCB and as applicable for the relevant financial year;

               (f)

               ‘credit institution’ means either: (a) a credit institution within the meaning of Article 2 and Article 4(1)(a) of Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (8), as implemented in national law, that is subject to supervision by a competent authority; or (b) another credit institution within the meaning of Article 123(2) of the Treaty on the Functioning of the European Union that is subject to scrutiny of a standard comparable to supervision by a competent authority;

               (g)

               ‘HBS’ means the harmonised balance sheet as set out in Annex VIII to the Guideline ECB/2010/20 of 11 November 2010 on the legal framework for accounting and financial reporting in the European System of Central Banks (9);

               (h)

               ‘reference rate’ means the latest available marginal interest rate used by the Eurosystem in its tenders for main refinancing operations under paragraph 3.1.2 of Annex I to Guideline ECB/2000/7 of 31 August 2000 on monetary policy instruments and procedures of the Eurosystem (10). Where more than one main refinancing operation is conducted for settlement on the same day, a simple average of the marginal rates of the operations conducted in parallel is used;

               (i)

               ‘cash changeover date’ means the date on which euro banknotes and coins acquire the status of legal tender in a Member State whose currency is the euro;

               (j)

               ‘reference period’ means a period of 24 months starting 30 months before the cash changeover date;

               (k)

               ‘cash changeover year’ means a period of 12 months starting on the cash changeover date;

               (l)

               ‘daily foreign exchange reference rate’ means the daily foreign exchange reference rate that is based on the regular daily concertation procedure between central banks within and outside the European System of Central Banks, which normally takes place at 14.15 Central European Time;

               (m)

               ‘withdrawn euro banknotes’ means any euro banknote type or series that has been withdrawn from circulation by a decision of the Governing Council taken pursuant to Article 5 of Decision ECB/2003/4;

               (n)

               ‘issue key’ means the average subscribed capital key during the issue phase of a type or series of withdrawn euro banknotes;

               (o)

               ‘issue phase’, in relation to a euro banknote type or series, means the period starting on the date on which the first issue of a euro banknote of this type or series is recorded in the liability base and ending on the date on which the last issue of a euro banknote of this type or series is recorded in the liability base;

               (p)

               ‘to write off’ means to eliminate withdrawn euro banknotes from the balance sheet item ‘banknotes in circulation’.

         Article 2
   Intra-Eurosystem balances on euro banknotes in circulation
   1.   The intra-Eurosystem balances on euro banknotes in circulation shall be calculated on a monthly basis and shall be recorded in the books of the ECB and the NCBs on the first business day of the month with a value date of the last business day of the preceding month.
   Where a Member State adopts the euro, the calculation of the intra-Eurosystem balances on euro banknotes in circulation under the first subparagraph shall be recorded in the books of the ECB and the NCBs with a value date of the cash changeover date.
   The intra-Eurosystem balances on euro banknotes in circulation shall, for the period from 1 to 31 January of the first year with effect from which each quinquennial adjustment pursuant to Article 29.3 of the Statute of the ESCB applies, be calculated on the basis of the adjusted subscribed capital key applied to balances on the total euro banknotes in circulation on 31 December of the previous year.
   2.   The intra-Eurosystem balances on euro banknotes in circulation, including those resulting from the application of Article 4 of this Decision, shall be remunerated at the reference rate.
   3.   The remuneration referred to in paragraph 2 shall be settled by TARGET2 payments on a quarterly basis.
   Article 3
   Method for measuring monetary income
   1.   The amount of each NCB’s monetary income shall be determined by measuring the actual income that derives from the earmarkable assets recorded in its books. As exceptions thereto, gold shall not be considered to generate income, and securities held for monetary policy purposes under Decision ECB/2009/16 of 2 July 2009 on the implementation of the covered bond purchase programme (11) shall be considered to generate income at the reference rate.
   2.   Where the value of an NCB’s earmarkable assets exceeds or falls short of the value of its liability base, the difference shall be offset by applying the reference rate to the value of the difference.
   Article 4
   Adjustments to intra-Eurosystem balances
   1.   For the purposes of monetary income calculation, each NCB’s intra-Eurosystem balances on euro banknotes in circulation shall be adjusted by a compensatory amount determined in accordance with the following formula:
   C = (K – A) × S
   where:

               C

               is the compensatory amount,

               K

               is the euro amount for each NCB that results from the application of the subscribed capital key to the average value of banknotes in circulation during the reference period, whereby the amount of banknotes in circulation denominated in the national currency of a Member State that adopts the euro shall be translated into euro at the daily foreign exchange reference rate during the reference period,

               A

               is the average euro value for each NCB of banknotes in circulation during the reference period, translated into euro at the daily foreign exchange reference rate during the reference period,

               S

               is the following coefficient for each financial year, starting with the cash changeover date:

                           Financial year

                           Coefficient

                           Cash changeover year

                           1

                           Cash changeover year plus 1 year

                           0,8606735

                           Cash changeover year plus 2 years

                           0,7013472

                           Cash changeover year plus 3 years

                           0,5334835

                           Cash changeover year plus 4 years

                           0,3598237

                           Cash changeover year plus 5 years

                           0,1817225

         2.   The sum of the compensatory amounts of the NCBs shall be zero.
   3.   Compensatory amounts shall be calculated each time a Member State adopts the euro or when the ECB’s subscribed capital key changes.
   4.   When an NCB joins the Eurosystem, its compensatory amount shall be allocated to the other NCBs in proportion to the respective shares of the other NCBs in the subscribed capital key, with the sign (+/–) reversed, and shall be in addition to any compensatory amounts already in force for the other NCBs.
   5.   The compensatory amounts and the accounting entries to balance those compensatory amounts shall be recorded on separate intra-Eurosystem accounts in the books of each NCB with a value date of the cash changeover date and the same value date of each following year of the adjustment period. The accounting entries to balance the compensatory amounts shall not be remunerated.
   6.   By derogation from paragraph 1, on the occurrence of specific events relating to changes in patterns of banknote circulation, as set out in Annex III to this Decision, each NCB’s intra-Eurosystem balances on euro banknotes in circulation shall be adjusted in accordance with the provisions set out in that Annex.
   7.   The adjustments to intra-Eurosystem balances provided for in this Article shall cease to apply from the first day of the sixth year following the relevant cash changeover year.
   Article 5
   Calculation and allocation of monetary income
   1.   The calculation of each NCB’s monetary income shall be effected by the ECB on a daily basis. The calculation shall be based on accounting data reported by NCBs to the ECB. The ECB shall inform the NCBs of the cumulative amounts on a quarterly basis.
   2.   The amount of each NCB’s monetary income shall be reduced by an amount equivalent to any interest accrued or paid on liabilities included within the liability base, and in accordance with any decision of the Governing Council under the second subparagraph of Article 32.4 of the Statute of the ESCB.
   3.   The allocation of the sum of each NCB’s monetary income in proportion to the subscribed capital key shall take place at the end of each financial year.
   Article 6
   Calculation and allocation of income resulting from the write-off of euro banknotes
   1.   Withdrawn euro banknotes shall remain part of the liability base until they are exchanged or written off, whichever event occurs first.
   2.   The Governing Council may decide to write off withdrawn euro banknotes, in which case it shall specify the write-off date and the total amount of the provision to be made for those withdrawn euro banknotes that are still expected to be exchanged.
   3.   Withdrawn euro banknotes shall be written off as follows:

               (a)

               On the write-off date, the ECB’s and the NCBs’ balance sheet items ‘Banknotes in circulation’ shall be reduced by the total amount of withdrawn euro banknotes still in circulation. For this purpose, the actual amounts of withdrawn euro banknotes that were put into circulation shall be adjusted to their pro-rata amounts calculated in accordance with the issue key, and the differences shall be settled among the ECB and the NCBs.

               (b)

               The adjusted amount of withdrawn euro banknotes shall be written off from the balance sheet item ‘Banknotes in circulation’ to the NCBs’ profit and loss accounts.

               (c)

               Each NCB shall establish a provision for withdrawn euro banknotes that are still expected to be exchanged. The provision shall be equivalent to the relevant NCB’s share in the total amount of the provision calculated using the issue key.

         4.   Withdrawn euro banknotes that are exchanged after the write-off date shall be recorded in the books of the NCB that has accepted them. The inflow of withdrawn euro banknotes shall be redistributed among NCBs at least once a year by applying the issue key, and the differences shall be settled between them. Each NCB shall set off the pro-rata amount against its provision or, in the event that the inflow exceeds the provision, record a corresponding expense in its profit and loss account.
   5.   The Governing Council shall review the total amount of the provision on an annual basis.
   Article 7
   Repeal
   Decision ECB/2001/16 is hereby repealed. References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation table in Annex V.
   Article 8
   Entry into force
   This Decision shall enter into force on 31 December 2010.

      Done at Frankfurt am Main, 25 November 2010.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 337, 20.12.2001, p. 55.

      (2)  See Annex IV.

      (3)  OJ L 139, 11.5.1998, p. 1.

      (4)  OJ L 207, 28.7.2006, p. 39.

      (5)  See page 26 of this Official Journal. Decision ECB/2010/29 adopted before publication of Decision ECB/2010/23.

      (6)  Not yet published in the Official Journal. Decision ECB/2010/24 adopted before publication of Decision ECB/2010/23.

      (7)  OJ L 78, 25.3.2003, p. 16.

      (8)  OJ L 177, 30.6.2006, p. 1.

      (9)  See page 31 of this Official Journal.

      (10)  OJ L 310, 11.12.2000, p. 1.

      (11)  OJ L 175, 4.7.2009, p. 18.

      ANNEX I

         COMPOSITION OF THE LIABILITY BASE

                  A.

                  The liability base includes, to the exclusion of any other items:

                              1.

                              Banknotes in circulation
                              For the purposes of this Annex, in the cash changeover year for each NCB joining the Eurosystem ‘Banknotes in circulation’:

                                          (a)

                                          includes banknotes issued by the NCB and denominated in its national currency unit; and

                                          (b)

                                          must be reduced by the value of the non-remunerated loans related to frontloaded euro banknotes that have not been yet debited (part of asset item 6 of the HBS).

                                    After the relevant cash changeover year, for each NCB ‘banknotes in circulation’ means banknotes denominated in euro, to the exclusion of any other banknotes.
                              If the cash changeover date is a day on which TARGET2 is closed, the liability of an NCB which results from euro banknotes that have been frontloaded under Guideline ECB/2006/9 and have entered into circulation before the cash changeover date forms part of the liability base (as part of the correspondent accounts under liability item 10.4 of the HBS) until the liability becomes part of the intra-Eurosystem liabilities resulting from TARGET2 transactions.

                              2.

                              Liabilities to euro area credit institutions related to monetary policy operations denominated in euro, including any of the following:

                                          (a)

                                          current accounts including minimum reserve requirements pursuant to Article 19.1 of the Statute of the ESCB (liability item 2.1 of the HBS);

                                          (b)

                                          amounts in deposit under the Eurosystem deposit facility (liability item 2.2 of the HBS);

                                          (c)

                                          fixed-term deposits (liability item 2.3 of the HBS);

                                          (d)

                                          liabilities arising from fine-tuning reverse operations (liability item 2.4 of the HBS);

                                          (e)

                                          deposits related to margin calls (liability item 2.5 of the HBS).

                              3.

                              Deposit liabilities to defaulted Eurosystem counterparties which have been reclassified from liability item 2.1 of the HBS.

                              4.

                              Intra-Eurosystem liabilities of NCBs arising from the issuance of ECB debt certificates under Chapter 3.3 of Annex I to Guideline ECB/2000/7 (liability item 10.2 of the HBS).

                              5.

                              Net intra-Eurosystem liabilities on euro banknotes in circulation, including those resulting from the application of Article 4 of this Decision (part of liability item 10.3 of the HBS).

                              6.

                              Net intra-Eurosystem liabilities resulting from TARGET2 transactions remunerated at the reference rate (part of liability item 10.4 of the HBS).

                  B.

                  The amount of each NCB’s liability base is calculated in accordance with the harmonised accounting principles and rules laid down in Guideline ECB/2010/20.

      ANNEX II

         EARMARKABLE ASSETS

                  A.

                  Earmarkable assets include, with the exclusion of any other items:

                              1.

                              Lending to euro area credit institutions related to monetary policy operations denominated in euro (asset item 5 of the HBS).

                              2.

                              Securities held for monetary policy purposes (asset item 7.1 of the HBS).

                              3.

                              Intra-Eurosystem claims equivalent to the transfer of foreign reserve assets other than gold to the ECB pursuant to Article 30 of the Statute of the ESCB (part of asset item 9.2 of the HBS).

                              4.

                              Net intra-Eurosystem claims on euro banknotes in circulation including those resulting from the application of Article 4 of this Decision (part of asset item 9.4 of the HBS).

                              5.

                              Net intra-Eurosystem claims resulting from TARGET2 transactions remunerated at the reference rate (part of asset item 9.5 of the HBS).

                              6.

                              Gold, including claims in respect of gold transferred to the ECB, in an amount permitting each NCB to earmark a proportion of its gold that corresponds to the application of its share in the subscribed capital key to the total amount of gold earmarked by all NCBs (asset item 1 and part of asset item 9.2 of the HBS).
                              For the purposes of this Decision, gold is valued on the basis of the gold price in euro per fine ounce as at 31 December 2002.

                              7.

                              Claims resulting from euro banknotes that have been frontloaded under Guideline ECB/2006/9 and have then entered into circulation before the cash changeover date (part of asset item 4.1 of the HBS until the cash changeover date and thereafter part of the correspondent accounts under asset item 9.5 of the HBS), but only until such claims become part of the intra-Eurosystem claims resulting from TARGET2 transactions.

                              8.

                              Outstanding claims arising from default by Eurosystem counterparties in the context of Eurosystem credit operations, and/or financial assets or claims (vis-à-vis third parties) appropriated and/or acquired in the context of the realisation of collateral submitted by defaulted Eurosystem counterparties in the context of Eurosystem credit operations reclassified from asset item 5 of the HBS (part of asset item 11.6 of the HBS).

                  B.

                  The value of each NCB’s earmarkable assets is calculated in accordance with the harmonised accounting principles and rules laid down in Guideline ECB/2010/20.

      ANNEX III
      A.   First contingent adjustment
      If the average total value of banknotes in circulation in a cash changeover year is lower than the average total euro value of banknotes in circulation during the reference period (including those denominated in the national currency of the Member State that has adopted the euro and translated into euro at the daily foreign exchange reference rate during the reference period), then the coefficient ‘S’ applying to the cash changeover year in accordance with Article 4(1) is reduced with retroactive effect in the same proportion as the decrease in the total average of banknotes in circulation.
      The reduction may not result in a coefficient lower than 0,8606735. If this derogation is applied, one quarter of the resulting reduction in the NCBs’ compensatory amounts (C) applicable in the cash changeover year must be added to each NCB’s compensatory amount applicable in the second to fifth year following the cash changeover year pursuant to Article 4(1).
      B.   Second contingent adjustment
      If those NCBs for which the compensatory amount referred to in Article 4(1) is a positive figure pay net remuneration on intra-Eurosystem balances on banknotes in circulation that results in a net expense when added to the item ‘net result of pooling of monetary income’ in their profit and loss account at the end of the year, then the coefficient ‘S’ applying to the cash changeover year in accordance with Article 4(1) is reduced to the extent necessary to eliminate this condition.
      The reduction may not result in a coefficient lower than 0,8606735. If this derogation is applied, one quarter of the resulting reduction in the NCBs’ compensatory amounts (C) applicable in the cash changeover year is added to each NCB’s compensatory amount applicable in the second to fifth year following the cash changeover year pursuant to Article 4(1).

      ANNEX IV

         REPEALED DECISION AND SUCCESSIVE AMENDMENTS

                  Decision ECB/2001/16

                     OJ L 337, 20.12.2001, p. 55.

                  Decision ECB/2003/22

                     OJ L 9, 15.1.2004, p. 39.

                  Decision ECB/2006/7

                     OJ L 148, 2.6.2006, p. 56.

                  Decision ECB/2007/15

                     OJ L 333, 19.12.2007, p. 86.

                  Decision ECB/2009/27

                     OJ L 339, 22.12.2009, p. 55.

      ANNEX V

         CORRELATION TABLE

                  Decision ECB/2001/16

                  This Decision

                  Article 5a

                  Article 6

                  Article 6

                  Article 7


title: Council Decision (EU) 2016/275 of 12 February 2016 on the conclusion, on behalf of the European Union, of the Agreement between the European Union and Republic of Trinidad and Tobago on the short-stay visa waiver

text:
               27.2.2016

               EN

               Official Journal of the European Union

               L 52/17

         COUNCIL DECISION (EU) 2016/275
   of 12 February 2016
   on the conclusion, on behalf of the European Union, of the Agreement between the European Union and Republic of Trinidad and Tobago on the short-stay visa waiver
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with point (a)(v) of the second subparagraph of Article 218(6), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated on behalf of the European Union an agreement with the Republic of Trinidad and Tobago on the short-stay visa waiver (the ‘Agreement’).

               (2)

               In accordance with Council Decision (EU) 2015/1037 (2), the Agreement has been signed and is applied on a provisional basis as from 28 May 2015.

               (3)

               The Agreement sets up a Joint Committee of experts for the management of the Agreement. The Union is to be represented within that Joint Committee by the Commission, which should be assisted by the representatives of the Member States.

               (4)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (5)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (6)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Republic of Trinidad and Tobago on the short-stay visa waiver is hereby approved on behalf of the Union.
   Article 2
   The President of the Council shall give, on behalf of the Union, the notification provided for in Article 8(1) of the Agreement (5).
   Article 3
   The Commission, assisted by the representatives of the Member States, shall represent the Union within the Joint Committee of experts set up pursuant to Article 6 of the Agreement.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 12 February 2016.

            For the Council

            The President

         J.R.V.A. DIJSSELBLOEM

      (1)  Consent given on 15 December 2015 (not yet published in the Official Journal).

      (2)  Council Decision (EU) 2015/1037 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Republic of Trinidad and Tobago on the short-stay visa waiver (OJ L 173, 3.7.2015, p. 64).

      (3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

      (4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

      (5)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Avis juridique important

|

42001D0629(01)

Decision of the Committee of Permanent Representatives of 13 June 2001 setting up a high-level working party

Official Journal C 183 , 29/06/2001 P. 0001 - 0001

Decision of the Committee of Permanent Representativesof 13 June 2001setting up a high-level working party(2001/C 183/01)THE COMMITTEE OF PERMANENT REPRESENTATIVES,Having regard to the Treaty establishing the European Community and in particular, Article 207(1) thereof,Having regard to the Rules of procedure of the Council and in particular Article 19(3) thereof,Whereas:(1) The Council agreed on 5 June 2001 that a high-level working party should be established in order to assure the coordination of work and to achieve parallel progress on the tax package.(2) The Council may entrust other tasks in the tax area to that working party,HAS DECIDED AS FOLLOWS:Article 1A high-level working party, hereinafter referred to as the "working party", is hereby set up to assure the coordination of work and to achieve parallel progress on the tax package.Article 2The working party shall be composed of high-level representatives designated by the Member States. The Commission shall designate a high-level representative to take part in the working party proceedings. It shall be chaired by a representative of the Member State holding the Presidency of the Council.Article 3Reporting to the Council shall be done in full respect of Article 207 of the EC Treaty.Article 4When dealing with issues of relevance to overall economic developments and economic policies, reports of the working party should, without prejudice to the role of the Committee of Permanent Represenstatives, be also transmitted to the Economic and Financial Committee and/or to the Economic Policy Committee with a view to a possible opinion.Article 5The future of the working party will be examined once final agreement on the tax package has been reached.Article 6This Decision shall take effect on the day of its adoption.It shall be published in the Official Journal of the European Communities.Done at Brussels, 13 June 2001.For the Committee of Permanent RepresentativesThe PresidentG. Lund


Avis juridique important

|

E1995C0309(01)

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 1 (3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision to close a State aid case due to discontinuation of aid scheme

Official Journal C 060 , 09/03/1995 P. 0005 - 0005

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 1 (3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision to close a State aid case due to discontinuation of aid scheme (95/C 60/05)Date of adoption: 1. 12. 1994Member State: FinlandAid No: 94-042Title: abolition of tax reliefs on industrial productionObjective: to discontinue an existing scheme which aims at subsidizing capacity increases of existing plants of manufacturing enterprises. A proposal on the abolition of the law shall be submitted to the Parliament before the end of 1994Legal basis: Act on tax reliefs on industrial production (Laki tuotannollisen toiminnan edistämiseksi myönnettävistä veronhuojennuksista, 221/79)Conditions: the EFTA Surveillance Authority shall be informed of the abolition of the law as soon as the law to this effect has been adopted


title: 2009/17/EC: Commission Decision of 19 December 2008 setting up the Committee of Experts on Posting of Workers

text:
               13.1.2009

               EN

               Official Journal of the European Union

               L 8/26

      COMMISSION DECISION

   of 19 December 2008
   setting up the Committee of Experts on Posting of Workers
   (2009/17/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (1), and in particular Article 4 thereof, imposes clear obligations as regards cooperation between national administrations, and makes it the responsibility of the Member States to create the necessary conditions for such cooperation. This Directive furthermore sets out a clear obligation for the Member States to take the appropriate measures to make the information on the terms and conditions of employment generally available, not only to foreign service providers, but also to the posted workers concerned.

               (2)

               In its Communication to the Council, the European Parliament, the European Economic and Social Committee and the Committee of Regions ‘Posting of workers in the framework of the provision of services: maximising its benefits and potential while guaranteeing the protection of workers’ (2) of 13 June 2007, the Commission announced its intention to set up a high level Committee in order to support and assist the Member States in identifying and exchanging good practices, to institutionalise the current informal Group of Government Experts and to formally involve social partners regularly.

               (3)

               In its Recommendation of 3 April 2008 on enhanced administrative cooperation in the context of posting of workers in the framework of the provision of services (3), the Commission indicated that the Member States should participate actively in a systematic and formal process of identification and exchange of good practices in the field of posting of workers through any forum of cooperation established by the Commission to that end.

               (4)

               The Council conclusions of 9 June 2008 invited the Commission to institutionalise the informal group on the posting of workers by setting up a committee of experts.

               (5)

               The Committee to be set up should, according to the same Council conclusions, engage with the public bodies responsible for control, such as labour inspectorates, as well as, at appropriate levels and in accordance with national law and practice, formally and regularly involve the social partners, in particular representatives of the social partners in sectors with a high incidence of recourse to posted workers.

               (6)

               It is therefore necessary to set up a Committee of experts in the field of posting of workers and to define its tasks, responsibilities and structure.

               (7)

               The Committee of experts should, inter alia, support and assist Member States in identifying and exchanging experience and good practice, promote the exchange of relevant information, examine any questions and difficulties which might arise in the practical application of the posting of workers legislation, as well as its enforcement in practice, and closely follow the progress achieved in improving both access to information and administrative cooperation, including the development of a possible electronic information exchange system.

               (8)

               The Committee should be composed of experts representing the national authorities, which in each Member State, are responsible for, in charge of, or involved in the implementation, application and monitoring of the rules applicable to the posting of workers in the framework of the provision of services. Such experts should be able to reflect the full range of knowledge, competences and experience across the different policy areas concerned. In accordance with national law and practice, specialised bodies responsible for the control of legislation, such as labour inspectorates, as well as social partners, could be represented in the Committee.

               (9)

               The Committee should also formally and regularly involve the social partners at European level, in particular those representing sectors with a higher incidence of recourse to posted workers, such as construction, temporary agency work, catering, agriculture and transport. It should also be able to rely on the expertise of professionals with specific competences on a particular matter included as an item of its agenda.

               (10)

               Representatives of the EEA/EFTA States, the EFTA Surveillance authority, accession and candidate countries and Switzerland should be permitted to participate as observers.

               (11)

               Rules on disclosure of information by members should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (4).

               (12)

               Personal data relating to members should be processed in accordance with 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 (5).

               (13)

               The expenses occurred should be financed under Decision No 1672/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community Programme for Employment and Social Solidarity — Progress (6),

         HAS DECIDED AS FOLLOWS:
   Article 1
   An expert Committee entitled ‘Committee of Experts on Posting of Workers’, hereinafter referred to as ‘the Committee’, is hereby set up.
   Article 2
   Tasks
   The tasks of the Committee shall be to:

               1.

               support and assist the Member States in identifying and promoting the exchange of experience and good practices;

               2.

               promote the exchange of relevant information, including information on existing forms of (bilateral) administrative cooperation between the Member States and/or social partners;

               3.

               examine any questions, difficulties and specific issues which might arise concerning the implementation and practical application of Directive 96/71/EC or the national implementing measures, as well as its enforcement in practice;

               4.

               examine any difficulties which might arise in the application of Article 3(10) of Directive 96/71/EC;

               5.

               monitor the progress achieved in improving both access to information and administrative cooperation, and in that context, inter alia, assess the different options for a suitable technical support for the information exchange needed to enhance administrative cooperation, including an electronic information exchange system;

               6.

               examine possibilities to increase effective compliance with, and enforcement of workers’ rights and protection of their position, if necessary;

               7.

               engage in an in-depth examination of practical cross-border enforcement problems in order to solve existing problems, improve the practical application of existing legal instruments as well as to improve mutual assistance between Member States, if necessary.

         Article 3
   Membership — Appointment
   1.   Each Member State shall appoint two representatives to the Committee. They may also appoint two substitutes.
   In appointing their representatives, Member States should involve the public bodies, such as labour inspectorates, responsible for the control of the legislation applicable to posted workers. They may also, in accordance with national law and/or practice, involve the social partners.
   2.   Representatives of the two sides of industry at Community level, as well as representatives of the social partners in sectors with a high incidence of recourse to posted workers may attend meetings of the Committee as observers, according to the procedures determined by their organisations and the Commission.
   The representatives shall be appointed by the Commission, acting upon proposal from the relevant social partners at Community or sectoral level.
   This group of observers shall comprise up to a maximum of 20 members composed as follows:

               —

               five members representing employers’ organisations at Community level,

               —

               five members representing workers’ organisations at Community level,

               —

               a maximum of 10 representatives of the social partners (divided evenly between employers’ and workers’ organisations) in sectors with a high incidence of recourse to posted workers.

         3.   Representatives of the EEA/EFTA States, the EFTA Surveillance Authority, accession and candidate countries and Switzerland may equally attend meetings of the Committee as observers.
   4.   The names of members are to be collected, processed and published in accordance with the provisions of Regulation (EC) No 45/2001 of the European Parliament and of the Council.
   Article 4
   Operation
   1.   The Committee shall be chaired by the Commission.
   2.   In agreement with the Commission, sub-groups may be set up to examine specific issues under terms of reference established by the Committee. Such sub-groups shall be dissolved as soon as their mandates are fulfilled.
   3.   In agreement with the Commission, experts, who may include representatives of international organisations with specific competence in a subject under discussion, may be invited on a case-by-case basis to participate in the Committee’s or sub-group’s deliberations if this is useful and/or necessary.
   4.   The Committee and its sub-groups shall normally meet on Commission premises in accordance with the procedures and schedule laid down. It may be called upon to meet in other locations, in particular on a proposal from a Member State wishing to host the Committee or one of its sub-groups in connection with an event of particular interest for the Committee, its sub-group(s) or that Member State.
   The Commission shall provide secretarial services. Other Commission officials with a specific interest in the proceedings may attend meetings of the Committee and its sub-groups.
   5.   The Committee shall adopt its rules of procedure on the basis of the standard rules of procedures adopted by the Commission.
   6.   Information obtained through participating in the deliberations of the Committee or a sub-group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.
   7.   The Commission may publish on the Internet, in the original language of the document concerned, any summary, conclusion or partial conclusion or working document of the Committee.
   Article 5
   Reimbursement of expenses
   The Commission shall reimburse travel and, where appropriate, subsistence expenses for members, observers and invited experts in connection with the Committee’s activities in accordance with the Commission’s rules on compensation for external experts.
   The members, observers and invited experts shall not be remunerated for the services they render.
   The needs for human and administrative resources shall be covered within the allocation that can be granted to the managing Directorate-General in the framework of the annual allocation procedure in the light of budgetary constraints.
   Article 6
   Entry into force
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 19 December 2008.

            For the Commission

         Vladimír ŠPIDLA

            Member of the Commission

      (1)  OJ L 18, 21.1.1997, p. 1.

      (2)  COM(2007) 304 final.

      (3)  OJ C 85, 4.4.2008, p. 1.

      (4)  OJ L 317, 3.12.2001, p. 1.

      (5)  OJ L 8, 12.1.2001, p. 1.

      (6)  OJ L 315, 15.11.2006, p. 1.