Avis juridique important

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31988D0519

88/519/EEC: Commission Decision of 17 October 1988 accepting undertakings and terminating the investigation under Article 13 (10) of Regulation (EEC) No 2423/88 concerning certain plain paper photocopiers assembled in the Community

Official Journal L 284 , 19/10/1988 P. 0060 - 0064

*****COMMISSION  DECISION  of 17 October 1988  accepting undertakings and terminating the investigation under Article 13 (10) of Regulation (EEC) No 2423/88 concerning certain plain paper photocopiers assembled in the Community  (88/519/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 13 (10) thereof,  After consultations within the Advisory Committee as provided for under the abovementioned Regulation,  Whereas:  A. Procedure  (1) In January 1988, the Commission received a complaint lodged by CECOM, the Committee of European Copier Manufacturers, on behalf of producers of plain paper photocopiers (PPCs) whose collective output constitutes a major proportion of Community production of the product in question. The complaint contained sufficient evidence of the fact that, following the opening of the investigation concerning PPCs originating in Japan (2), which led to the adoption of Regulation (EEC) No 535/87 (3) imposing a definitive anti-dumping duty on imports of those products, a number of companies were assembling PPCs in the Community under the conditions referred to in Article 13 (10) of Regulation (EEC) No 2176/84, since replaced by Regulation (EEC) No 2423/88. Accordingly, after consultation, the Commission announced, by notice published in the Official Journal of the European Communities (4), the initiation of an investigation, under the said Article 13 (10), concerning PPCs assembled in the Community by companies related to or associated with the following Japanese manufacturers whose exports of PPCs are subject to a definitive anti-dumping duty:  - Canon Inc.,  - Konishiroku Photo Industry Co.,  - Matsushita Electric Co. Ltd,  - Minolta Camera Co. Ltd,  - Ricoh Company Ltd,  - Sharp Corporation,  - Toshiba Corporation.  (2) The Commission so advised the companies concerned, the representatives of Japan and the complainants, and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  (3) All the companies concerned and the complainants made their views known in writing and requested and were granted hearings by the Commission.  (4) No submissions were made by purchasers of PPCs assembled in the Community. The Commission sought and verified all information it deemed necessary for the purpose of the assessment of the character of the alleged assembly operations and carried out investigations at the premises of the following companies:  - Canon Bretagne SA (France),  - Canon Giessen GmbH (Germany),  - Firma Develop Dr Eisbein GmbH (Germany),  - Konica Business Machines Manufacturing GmbH (Germany),  - Matsushita Business Machine (Europe) GmbH (Germany),  - Olivetti-Canon Industriale SpA (Italy),  - Ricoh (UK) Products Ltd (United Kingdom),  - Sharp Electronics (UK) Ltd (United Kingdom),  - Toshiba Systems (France) SA.  (5) Furthermore, the Commission carried out an investigation at the premises of a supplier of components to some of the companies involved. This supplier of components is a subsidiary of one of the Japanese exporters concerned.  (6) The period of investigation was from 1 April 1987 to 31 January 1988.  (7) Following investigation, the Commission established that Sharp Electronics (UK) Ltd had not assembled or produced PPCs in the Community prior to or during the investigation period but had commenced assembly following the opening of the present investigation in February 1988.  (8) The Commission was, in addition, aware that one of the complainant companies, Rank Xerox Ltd, had, prior to and during the original investigation, assembled or produced certain PPCs in the Community using a significant proportion of parts and materials supplied by Fuji Xerox, a related company on whose exports of PPCs the definitive anti-dumping duty was imposed. Following a visit to Rank Xerox's premises at Mitcheldean, United Kingdom, where these assembly or production operations took place, the Commission established that these operations were not substantially increased after the opening of the anti-dumping investigation. In 1985, when the original anti-dumping investigation was opened, the number of relevant models assembled by Rank Xerox Ltd in the Community was lower than in the two previous years. By 1987, the total number of PPCs assembled or produced at Mitcheldean in this period, i.e. since 1983, has increased by only 4 %.  B. Relationship or association with exporter  (9) Most of the companies referred to in the fourth recital were found to be wholly owned subsidiaries of Japanese exporters of PPCs which were subject to the definitive anti-dumping duty imposed by Regulation (EEC) No 535/87. The exceptions are Olivetti-Canon SpA, a joint venture between Canon Inc. and Ing. Olivetti SpA, in which Olivetti has a 50 % plus one shareholding and Canon the remainder, hereinafter 'Olivetti', and Firma Develop Dr Eisbein GmbH & Co., hereinafter 'Develop', in which Minolta Camera Co. Ltd has a majority shareholding. Consequently, all firms concerned were considered to be related to a manufacturer whose exports of the like product are subject to a definitive anti-dumping duty.  C. Production  (10) Most of the companies referred to in the fourth recital commenced their assembly operations after the initiation, on 2 August 1985, of the anti-dumping proceeding concerning imports of PPCs originating in Japan. However, while both Olivetti and Develop had assembled or produced PPCs independently prior to the initiation of the anti-dumping proceeding, the relationship with the exporters concerned was created after the initiation of the original anti-dumping investigation. Prior to that date, no relationship or association of other than a purely commercial nature existed between either Olivetti or Develop with any Japanese exporter of PPCs and, accordingly, Article 13 (10) of Regulation (EEC) No 2423/88 could not apply at that time to these companies.  Following the creation of the Olivetti-Canon joint venture the models produced by this company have remained essentially those previously developed and produced by Olivetti. The numbers produced, however, have increased substantially.  As regards Develop, following Minolta's acquisition of a controlling interest in the company, assembly or production of certain models, previously produced by Minolta in Japan and exported to the Community, commenced in addition to the continued production of models previously developed and produced by Develop. In 1986, when assembly of the Minolta models began, the total units produced increased from the previous year by approximately 74 % and by a further 38 % in 1987 over the 1986 figure. The 'Minolta' models comprised 48 and 65 % respectively of the total units produced or assembled by Develop in 1986 and 1987. Thus, the assertion, made by Develop that no substantial increase in the quantities assembled had occurred since that date was therefore not considered correct.  Most models produced by Olivetti-Canon during the reference period were those for which the research, development and production had been carried out by Olivetti prior to the joint venture with Canon. The models for which production began subsequent to the creation of the joint venture were merely developed from previous models and contained many identical parts to the earlier models. Accordingly, these new models had the same high level (well above 40 %) of non-Japanese parts in value as the earlier models.  Similarly, Develop continued to produce, following the takeover by Minolta, two models and a development thereof which were the result of research, development and production both before and after the takeover. These models had a high level (well above 40 %) of non-Japanese parts in value. Accordingly, it is considered inappropriate to extend the anti-dumping duty to these models. However, the models previously exported by Minolta from Japan and assembled by Develop following the takeover had a high content (well above 60 %) of parts of Japanese origin. (11) Only Canon was found to have established assembly or production operations for PPCs in the Community prior to the opening of the anti-dumping investigation and for both these operations, Canon Giessen and Canon Bretagne, it was claimed that no substantial increase in quantities assembled had occurred since the date of the intiation. It was, however, established that, at both operations, volumes of models assembled increased by approximately 30 % in the year following the opening of the original investigation. Canon argued that these percentage variations were in line with those of previous years. In fact, the percentage increases had varied considerably and a 30 % increase from a large base is greater, in absolute terms, than that from a smaller base. In addition, it was established that, at Giessen, which began operations in 1973, the 30 % increase followed a period of relative stability in production during which, from 1981 to 1985 inclusive, the number of units produced remained virtually unchanged and, over the whole five-year period, increased by 4,6 %. Thus, it was concluded that, on balance, it would not be reasonable to consider the respective increases at the Canon operations at Giessen and Bretagne as constituting less than substantial increases in terms of Article 13 (10) (a) of Regulation (EEC) No 2423/88.  D. Parts  (12) The value of the parts in question was generally determined on the basis of the companies' purchase prices of these parts when delivered to the factories in the Community. The relevant value is that of the parts and materials as they are used in the assembly operations, i.e. on an into-factory basis.  (13) Several companies concerned claimed that certain subassembled items were of Community origin and that they should be treated as parts within the meaning of Article 13 (10) of Regulation (EEC) No 2423/88. It was found, however, that these items were merely assembled in the Community, mainly from parts imported from Japan, by independent suppliers. On the basis of information obtained from the companies referred to above, it was concluded that this assembly did not constitute a substantial process or operation as required by Article 5 of Council Regulation (EEC) No 802/68 (5). The simple assembly operation carried out in the Community was of a basic and unsubstantial nature and was not sufficient to confer Community origin.  A number of companies requested that the assembly costs of certain subassemblies, incurred in their own factory, should be included in the value of Community parts. This request, however, cannot be granted because the cost of assembly cannot be included in the value of parts or materials used in the assembly or production operations under Article 13 (10) of Regulation (EEC) No 2423/88.  (14) It was also requested by several companies that the costs of production of certain items incurred by them in the Community be included in the value of Community parts. Where such items constituted parts or materials within the meaning of Article 13 (10) (a) of Regulation (EEC) No 2423/88, and where such parts had acquired Community origin in conformity with Regulation (EEC) No 802/68, the inclusion of such costs in the value of non-Japanese parts was considered appropriate.  Canon  (15) At the three operations concerned, Canon Giessen, Canon Bretagne and Olivetti-Canon, different models are assembled or produced. The value of Japanese parts used by Canon varied considerably according to model, the weighted average value of Japanese parts for all models assembled at Canon Giessen being 53,8 %, at Canon Bretagne 63,0 % and at Olivetti-Canon 33,5 %.  Accordingly, the anti-dumping duty cannot be extended to those PPCs assembled in the Community by Canon Giessen and Olivetti-Canon.  Develop  (16) The weighted average value of Japanese parts for all models produced by Firma Develop Dr Eisbein was found to be 93,7 %.  Konica  (17) The weighted average value of Japanese parts for all models produced by Konica Business Machines Manufacturing was found to be 99,2 %.  Matsushita  (18) The weighted average value of Japanese parts for all models produced by Matsushita Business Machine (Europe) was found to be 98,4 %.  Ricoh  (19) The weighted average value of Japanese parts for all models produced by Ricoh (UK) Products was found to be 87,4 %.  Toshiba  (20) The weighted average value of Japanese parts for all models produced by Toshiba Systems (France) was found to be 70,0 %.  E. Other circumstances  (21) Consideration was given to other relevant circumstances with regard to the assembly operations referred to above, in accordance with Article 13 (10) (a) of Regulation (EEC) No 2423/88.  (22) In most cases it was found that the nature of the parts sourced in the Community was relatively simple and that they were of low value. Many parts of a higher technological value were imported from Japan and, at least in the initial stages of the assembly operations in the Community, few genuine attempts appear to have been made to change substantially the sourcing pattern. Indeed, it was found that more than one company began operations in the Community and continued for some time with 100 % of Japanese value of parts incorporated in the assembled PPC.  (23) Some companies claimed that it was impossible to find sources of supply in the Community which guarantee a required level of quality. This assertion, however, appears to confuse the distinct issues of quality and technical specifications, since Community producers of PPCs of comparable quality to those of the companies concerned source their parts in the Community and have proved that it is not indispensable to use parts predominantly of Japanese origin. It has also been noted in previous cases that sourcing policy can be changed with considerable practical effect within a very short time frame.  (24) As to direct labour, it was found that a certain number of new jobs had been created by the companies concerned. However, the companies investigated only carry out assembly operations whereas the Community producers normally have an integrated, in-depth production which requires more personnel. Since the increased sales of assembled PPCs result in decreased sales by the Community producers, it can only be concluded that the functioning of the assembling companies has resulted in a net loss of employment in the Community.  (25) Furthermore, as regards research and development, it was found that R & D was carried out in the Community only by the two companies, Develop and Olivetti, which had had an integrated PPC production operation prior to the creating of a corporate relationship with a Japanese exporter.  (26) Some companies claimed to have transferred technology to the Community by setting up assembly operations. The amount of technology transferred was, however, minimal and related merely to assembly.  F. Conclusion  (27) In view of the foregoing, it is concluded that the anti-dumping duty should be extended to certain PPCs assembled in the Community and the Commission has proposed, and the Council adopted, a Regulation appropriately extending the anti-dumping duty.  G. Undertakings  (28) The companies against which protective measures are considered necessary have been informed of the essential facts and considerations on the basis of which the present measures have been proposed. Certain of these companies offered undertakings referring, in particular, to the attainment of a certain proportion of parts originating in the Community. The undertakings offered by Canon Bretagne, Develop Dr Eisbein and Ricoh are considered acceptable by the Commission which established that the conditions justifying an extension of the anti-dumping duty to PPCs assembled by these three companies in the Community had been removed.  The Commission is also satisfied that these conditions would not recur in the future, satisfactory guarantees having been given in the undertaking regarding changes in the sourcing of parts and materials and of other aspects of the three companies' assembly or production operations in the Community. The anti-dumping duty should accordingly not be extended to PPCs assembled in the Community by these companies,  HAS ADOPTED THIS DECISION:  Article 1  The undertakings offered by Canon Bretagne SA, Firma Develop Dr Eisbein & Co. GmbH, and Ricoh (UK) Products Ltd in connection with plain paper photocopiers incorporating an optical system (corresponding to CN codes ex 9009 11 00, ex 9009 12 00 and ex 9009 21 00), and introduced into the commerce of the Community after having been assembled in the Community by Canon Bretagne SA, Firma Develop Dr Eisbein & Co. GmbH and Ricoh (UK) Products Ltd, are hereby accepted. Article 2  The investigation under Article 13 (10) of Regulation (EEC) No 2423/88 concerning the product described in Article 1 is hereby terminated with regard to Canon Bretagne SA, Firma Develop Dr Eisbein & Co. GmbH and Ricoh (UK) Products Ltd.  Done at Brussels, 17 October 1988.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 194, 2. 8. 1985, p. 5.  (3) OJ No L 54, 24. 2. 1987, p. 12.  (4) OJ No C 44, 17. 2. 1988, p. 3.  (1) OJ No L 148, 28. 6. 1968, p. 1.


title: 2009/41/EC: Council Decision of 19 January 2009 appointing an Austrian member of the Committee of the Regions

text:
               21.1.2009

               EN

               Official Journal of the European Union

               L 16/12

      COUNCIL DECISION

   of 19 January 2009
   appointing an Austrian member of the Committee of the Regions
   (2009/41/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Austrian Government,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the death of Mr Jörg HAIDER,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:
   Mr Gerhard DÖRFLER, Landeshauptmann, Kärnten.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 19 January 2009.

            For the Council

            The President

         P. GANDALOVIČ

      (1)  OJ L 56, 25.2.2006, p. 75.


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41998D0052

The Schengen acquis - Decision of the Executive Committee of 16 December 1998 on the Handbook on cross-border police cooperation (SCH/Com-ex (98) 52)

Official Journal L 239 , 22/09/2000 P. 0408 - 0408

DECISION OF THE EXECUTIVE COMMITTEEof 16 December 1998on the Handbook on cross-border police cooperation(SCH/Com-ex (98)52)THE EXECUTIVE COMMITTEE,Having regard to Article 132 of the Convention implementing the Schengen Agreement,Having regard to Articles 2(3), 3, 7, 39, 40, 41, 46, 47 and 92 of the abovementioned Convention,HAS DECIDED AS FOLLOWS:1. The Schengen Handbook on cross-border police cooperation (Doc. SCH/I (98)90(1)), annexed hereto, is hereby adopted. At the same time the Executive Committee Declaration of 29 June 1995 (Doc. SCH/Com-ex (95) Decl. 2) is hereby repealed.2. The Schengen Manual on police cooperation in maintaining public order and security (Doc. SCH/I (97)36 Rev. 5) has been incorporated into the Handbook on cross-border police cooperation. The Executive Committee Decision of 24 June 1997 (Doc. SCH/Com-ex (97)6 Rev. 2) is hereby repealed.3. The Contracting States shall incorporate the Handbook on cross-border police cooperation into their national orders and forward the Handbook to their police services for implementation.4. The Schengen Secretariat shall be responsible for constantly updating the Handbook in the form of a loose-leaf binder. To this end the Contracting States shall keep the General Secretariat abreast of any amendments to be made to their national fact sheets.5. Every six months the Presidency-in-office shall consult the States on the need to update the general part and shall update the Handbook.6. The Presidency will forward the Handbook to the European Union for information purposes.Berlin, 16 December 1998.The Chairman,C. H. Schapper(1) Restricted document.


title: 2008/657/EC: Council Decision of 24 July 2008 appointing a German member and a German alternate member of the Committee of the Regions

text:
               12.8.2008

               EN

               Official Journal of the European Union

               L 215/3

      COUNCIL DECISION

   of 24 July 2008
   appointing a German member and a German alternate member of the Committee of the Regions
   (2008/657/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the German Government,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Gerold WUCHERPFENNIG. An alternate member’s seat becomes vacant following the appointment of Mr Klaus ZEH as a member of the Committee of the Regions,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:

               (a)

               as member:

                           —

                           Mr Klaus ZEH, Minister für Bundes- und Europaangelegenheiten und Chef der Staatskanzlei, Mitglied des Thüringer Landtags (change of mandate), and

               (b)

               as alternate member:

                           —

                           Mr Fritz SCHRÖTER, Mitglied des Thüringer Landtags.

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

      Done at Brussels, 24 July 2008.

            For the Council

            The President

         B. HORTEFEUX

      (1)  OJ L 56, 25.2.2006, p. 75.


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31992D0206

92/206/EEC:Council Decision of 16 March 1992 on the conclusion of a Protocol on financial and technical cooperation between the European Economic Community and the People' s Democratic Republic of Algeria

Official Journal L 094 , 08/04/1992 P. 0013 - 0013

COUNCIL DECISION   of 16 March 1992   on the conclusion  of a Protocol on financial and technical cooperation between the European Economic Community and  the People's Democratic Republic of Algeria   (92/206/EEC)THE COUNCIL OF THE  EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular  Article 238 thereof,  Having regard to the recommendation from the Commission,  Having regard to the assent of the European Parliament  (1),  Whereas the Protocol on financial and technical cooperation between the European Economic  Community and the People's Democratic Republic of Algeria should be approved,  HAS DECIDED AS FOLLOWS: Article 1 The Protocol on financial and technical  cooperation between the European Economic Community and the People's Democratic Republic of Algeria  is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision. Article 2 The President of the Council  shall give the notification provided for in Article 22 (1) of the Protocol  (2). Article 3 This  Decision shall take effect on the day following its publication in the Official Journal of the  European Communities. Done at Brussels, 16 March 1992. For the Council   The President   Jorge BRAGA DE MACEDO


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31994D0263

94/263/EC, Euratom: Council Decision of 26 April 1994 appointing a member of the Economic and Social Committee

Official Journal L 114 , 05/05/1994 P. 0018 - 0018

COUNCIL DECISION of 26 April 1994 appointing a member of the Economic and Social Committee (94/263/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Articles 193 to 195 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,  Having regard to the Convention on certain institutions common to the European Communities, and in particular Article 5 thereof,  Having regard to the Council Decision of 24 September 1990 appointing the members of the Economic and Social Committee for the period ending on 20 September 1994 (1),  Whereas Article 55 of the Rules of Procedure of the Economic and Social Committee lays down that membership shall cease, inter alia, when a person becomes a member of a Community institution;  Whereas a seat has become vacant on the aforementioned Committee following the election of Mr Georgios Raftopoulos to the European Parliament, as notified to the Council on 16 December 1993;  Having regard to the nominations submitted by the Greek Government on 9 February 1994,  Having obtained the opinion of the Commission of the European Communities,  HAS DECIDED AS FOLLOWS:   Sole Article  Mr Giannis Papamichail is hereby appointed member of the Economic and Social Committee in place of Mr Georgios Raftopoulos for the remainder of the latter's term of office, which runs until 20 September 1994,  Done at Luxembourg, 26 April 1994.  For the Council The President G. MORAITIS  (1) OJ No L 290, 23. 10. 1990, p. 13.


title: Commission Decision of 18 December 2009 establishing the group of experts for technical advice on the School Fruit Scheme

text:
               19.12.2009

               EN

               Official Journal of the European Union

               L 338/99

      COMMISSION DECISION

   of 18 December 2009
   establishing the group of experts for technical advice on the School Fruit Scheme
   (2009/986/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               To ensure the successful implementation of the School Fruit Scheme, established by Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1) as amended by Council Regulation (EC) No 13/2009 (2), hereinafter referred to as ‘School Fruit Scheme’, the Commission should be able to receive technical expert advice from a forum of experts with expertise in nutrition, epidemiology, public health and health promotion, behavioural and social sciences, evaluation.

               (2)

               It is therefore necessary to set up a group of independent experts and to define its tasks and its structure.

               (3)

               The expert group should provide the Commission with expert input in a wide range of fields related to the implementation, monitoring and evaluation of the School Fruit Scheme. The expert group should also provide the Commission with assistance as regards the elaboration of the report referred to in Article 184(5) of Regulation (EC) No 1234/2007.

               (4)

               The members of the expert group should be appointed in a personal capacity and deliver independent advice to the Commission. Members of the expert group should have complementary backgrounds and combine both scientific and practical knowledge. The composition of the expert group should reflect an adequate geographical balance within the European Union.

               (5)

               The Commission’s representative in the expert group should be entitled to invite experts or observers with experience in a specific field to participate in the group’s work.

               (6)

               Rules on disclosure of information by members of the expert group 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 (3).

               (7)

               Personal data relating to members of the expert group 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 (4),

         HAS ADOPTED THIS DECISION:
   Article 1
   The group of experts for technical advice on the School Fruit Scheme
   The group of experts for technical advice on the School Fruit Scheme, hereinafter referred to as ‘the expert group’, is hereby set up.
   Article 2
   Tasks
   The expert group’s task shall be to assist the Commission:

               (a)

               with the implementation, monitoring and evaluation of the School Fruit Scheme established by Regulation (EC) No 1234/2007, hereinafter referred to as ‘School Fruit Scheme’, by providing it with expert advice;

               (b)

               with the elaboration of the report referred to in Article 184(5) of Regulation (EC) No 1234/2007.

         Article 3
   Consultation
   1.   The Commission may consult the expert group on any matter relating to the application of the School Fruit Scheme.
   2.   The Chairperson of the expert group may advise the Commission that it is desirable to consult it on a specific question.
   Article 4
   Membership — Appointment
   1.   The expert group shall be composed of ten members. Its composition shall reflect an adequate geographical balance within the European Union.
   2.   The members of the expert group shall be appointed by the Commission from specialists:

               (a)

               with expertise in nutrition, epidemiology, public health and health promotion, behavioural and social sciences, evaluation;

               (b)

               with a suitable background to advise the Commission on the implementation, monitoring and evaluation of the School Fruit Scheme; and

               (c)

               who have responded to a public call for applications.

         3.   The Commission may also establish a list of candidates that could not be appointed as permanent members of the expert group, although they were considered suitable for a position in the expert group in the course of the selection procedure. This list may be used for the appointment of alternate members of the expert group.
   4.   The members of the expert group shall be appointed in a personal capacity and shall advise the Commission independently of any outside influence.
   5.   Members of the expert group shall be appointed for a three-year renewable term of office and may not serve for more than three consecutive terms. They shall remain in office until such time as they are replaced in accordance with paragraph 6 or their term of office ends.
   6.   Members who are no longer capable of contributing effectively to the expert group’s deliberations, who resign or who do not comply with the conditions set out in paragraph 4 of this Article, or Article 339 of the Treaty on the Functioning of the European Union, may be replaced for the remainder of their term of office.
   7.   Members shall each year sign an undertaking to act in the public interest and a declaration indicating the absence or existence of any interest which may undermine their objectivity. They shall also declare before each meeting any specific interest which may be considered as prejudicial to their independence in relation to the items on the agenda.
   8.   The names of members and those included in the list referred to in paragraph 3 shall be published on the Internet site of the Directorate-General for Agriculture and Rural Development and in the Register of Expert Groups. These names shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 5
   Operation
   1.   The expert group shall elect a chairperson and two vice-chairpersons from its members by simple majority vote.
   2.   A Commission representative may attend the meetings of the expert group. He may invite experts or observers with specific expertise on a subject on the agenda of the expert group to participate in the work of the expert group.
   3.   Information obtained by participating in the deliberations of the expert group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.
   4.   The expert group shall normally meet on Commission premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the expert group.
   5.   The expert group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission (5) by simple majority vote.
   6.   The Commission may publish on the Internet, in the original language of the document concerned, the agenda, the minutes, any summary, conclusion, or partial conclusion or working document of the expert group.
   Article 6
   Meeting expenses
   1.   The Commission shall reimburse travel and, where appropriate, subsistence expenses for members and experts in connection with the expert group’s activities in accordance with the Commission’s applicable rules on the compensation of external experts.
   2.   The members, experts and observers shall not be remunerated for the services they render.
   3.   Meeting expenses shall be reimbursed within the limits of the annual budget allocated by the responsible Commission services.
   Article 7
   Entry into force
   The Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 18 December 2009.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 299, 16.11.2007, p. 1.

      (2)  OJ L 5, 9.1.2009, p. 1.

      (3)  OJ L 317, 3.12.2001, p. 1.

      (4)  OJ L 8, 12.1.2001, p. 1.

      (5)  Annex III to document SEC(2005) 1004 of 27.7.2005.


title: 2005/532/EC: Decision of the European Parliament of 24 April 2007 on closing the accounts of the European Food Safety Authority for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/168

      DECISION OF THE EUROPEAN PARLIAMENT

   of 24 April 2007
   on closing the accounts of the European Food Safety Authority for the financial year 2005
   (2005/532/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Food Safety Authority for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Food Safety Authority for the financial year 2005, together with the Authority's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (4), and in particular Article 44 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0112/2007),

               1.

               Notes that the final annual accounts of the European Food Safety Authority for the financial years 2004 and 2005 are as follows:
               Revenue and expenditure account for the financial years 2004 and 2005

                           (in EUR 1000)

                           2005

                           2004

                           Operating revenue

                           27 405

                           20 591

                              Total operating revenue

                              27 405

                              20 591

                           Administrative expenditure

                           Staff expenditure

                           -13 012

                           -7 564

                           Buildings and related expenditure

                           -3 627

                           -4 192

                           Other expenditure (including expenses with consolidated EC entities)

                           -2 205

                           -1 263

                           Depreciation and reduction in value of consolidated entities

                           - 603

                           - 333

                           Operating expenditure (including expenses with consolidated EC entities)

                           -8 413

                           -6 431

                              Total operating expenditure

                              -27 674

                              -19 783

                              Operating profit/(loss)

                           - 761

                           808

                           Revenue from financial operations

                           —

                           0

                           Expenditure from financial operations

                           - 7

                           - 7

                                 Profit/(loss) on financial operations

                           - 7

                           - 6

                                 Current profit/(loss)

                           - 768

                           802

                           Extraordinary revenue

                           Extraordinary expenditure

                           —

                           - 27

                                 Extraordinary profit/(loss)

                           —

                           - 27

                           Economic outturn for the financial year

                           - 768

                           775

                              NB: Variations in totals are due to the effects of rounding.

                              Source: The Authority's data — This table summarises the data provided by the Authority in its own annual accounts;

               2.

               Approves closing the accounts of the European Food Safety Authority for the financial year 2005;

               3.

               Instructs its President to forward this Decision to the executive director of the European Food Safety Authority, 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

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 266, 31.10.2006, p. 22.

      (2)  OJ C 312, 19.12.2006, p. 42.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).

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


title: 2006/969/EC: Council Decision of 18 December 2006 concerning the Seventh Framework Programme of the European Atomic Energy Community (Euratom) or nuclear research and training activities (2007 to 2011)

text:
               30.12.2006

               EN

               Official Journal of the European Union

               L 391/19

      COUNCIL DECISION

   of 18 December 2006
   concerning the Seventh Framework Programme of the European Atomic Energy Community (Euratom) or nuclear research and training activities (2007 to 2011)
   (2006/969/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 7 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Having regard to the Opinion of the European Economic and Social Committee (2),
   Whereas:

               (1)

               Joint national and European efforts in the area of research and training are essential to promote and ensure economic growth and citizen's wellbeing in Europe.

               (2)

               The Seventh Framework Programme should complement other EU actions in the area of the research policy that are necessary for the implementation of the Lisbon strategy, in particular those on education, training, competitiveness and innovation, industry, employment, and environment.

               (3)

               The Seventh Framework Programme builds on the achievements of its predecessor towards the creation of the European Research Area and carries them further towards the development of the knowledge economy and society in Europe.

               (4)

               The Commission Green Paper ‘Towards a European strategy for energy supply’ highlights the contribution of nuclear power to reducing emissions of greenhouse gases and to reducing Europe's dependence on imported energy.

               (5)

               On 24 August 2005, the Commission submitted the conclusions of an external assessment of the implementation and results of the Community activities in this field carried out in the five years preceding that assessment, accompanied by its observations.

               (6)

               With reference to the Council Decision of 26 November 2004 amending the directives of negotiations on International Thermonuclear Experimental Reactor (ITER), the realisation of ITER in Europe, within a broader approach to fusion energy, should be the central feature of the activities on fusion research carried out under the Seventh Framework Programme.

               (7)

               Implementation of the Seventh Framework Programme may give rise to the setting up of joint undertakings within the meaning of Articles 45 to 51 of the Treaty.

               (8)

               Research activities supported by the Seventh Framework Programme should comply with fundamental ethical principles, including those reflected in the Charter of Fundamental Rights of the European Union. The opinions of the European Group on Ethics in Science and New Technologies are and will be taken into account.

               (9)

               This Decision establishes, for the entire duration of the programme, a financial envelope which constitutes the prime reference within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3), for the budgetary authority during the annual budgetary procedure.

               (10)

               It is important to ensure sound financial management of the Seventh Framework Programme and its implementation in the most effective and user-friendly manner possible, as well as ease of access for all participants.

               (11)

               Under the Seventh Framework Programme, due regard should be paid to the role of women in science and research with a view to further enhancing their active role in research.

               (12)

               The Joint Research Centre (JRC) should contribute to providing customer-driven scientific and technological support for the formulation, development, implementation and monitoring of Community policies. In this regard, it is useful that the JRC continues to function as an independent reference centre of science and technology in the EU in the areas of its specific competence.

               (13)

               The international and global dimension in European research activities is important in the interest of obtaining mutual benefits. The Seventh Framework Programme should be open to the participation of countries having concluded the necessary agreements to this effect, and should also be open, on the project level and on the basis of mutual benefit, to the participation of entities from third countries and that of international organisations for scientific cooperation.

               (14)

               The Seventh Framework Programme should contribute to the enlargement of the European Union by bringing scientific and technological support to the candidate countries for the implementation of Community acquis and for their integration into the European Research Area.

               (15)

               Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used, in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (4), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (5) and Council Regulation (Euratom) No 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (6).

               (16)

               The Scientific and Technical Committee has been consulted by the Commission and has delivered its opinion,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Adoption of the Seventh Framework Programme
   A multiannual framework programme for nuclear research and training activities, hereinafter referred to as the ‘Seventh Framework Programme’, is hereby adopted for the period from 1 January 2007 to 31 December 2011.
   Article 2
   Objectives
   1.   The Seventh Framework Programme shall pursue the general objectives set out in Article 1 and Article 2(a) of the Treaty, while contributing towards the creation of a knowledge-based society, building on the European Research Area.
   2.   The Seventh Framework Programme shall comprise Community research, technological development, international cooperation, dissemination of technical information and exploitation activities as well as training, to be set out in two specific programmes.
   The first specific programme shall cover the following:

               (a)

               fusion energy research, with the objective of developing the technology for a safe, sustainable, environmentally responsible and economically viable energy source;

               (b)

               nuclear fission and radiation protection, with the objective of enhancing in particular the safety performance, resource efficiency and cost-effectiveness of nuclear fission and other uses of radiation in industry and medicine.

         The second specific programme shall cover the activities of the Joint Research Centre (JRC) in the field of nuclear energy.
   3.   The broad lines of the specific programmes are described in Annex I.
   Article 3
   Maximum overall amount and shares assigned to each programme
   1.   The maximum overall amount for the implementation of the Seventh Framework Programme for the period 2007 to 2011 shall be EUR 2 751 million. That amount shall be distributed as follows (in EUR million):

               Fusion energy research (7)

               1 947

               Nuclear fission and radiation protection

               287

               Nuclear activities of the JRC

               517

         2.   The detailed rules for Community financial participation in the Seventh Framework Programme are set out in Annex II.
   Article 4
   Protection of the Communities' financial interests
   For Community actions financed under this Decision, Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) No 2185/96 shall apply to any infringement of a provision of Community law, including infringement of a contractual obligation stipulated on the basis of the Seventh Framework Programme, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by it, by an unjustified item of expenditure.
   Article 5
   Fundamental ethical principles
   All the research activities carried out under the Seventh Framework Programme shall be carried out in compliance with fundamental ethical principles.
   Article 6
   Monitoring, assessment and review
   1.   The Commission shall continually and systematically monitor the implementation of the Seventh Framework Programme and its specific programmes and regularly report and disseminate the results of this monitoring.
   2.   Not later than 2010, the Commission shall carry out, with the assistance of external experts, an evidence-based interim evaluation of the Seventh Framework Programme and its specific programmes building upon the ex-post evaluation of the Sixth Framework Programme. This evaluation shall cover the quality of the research activities taking place, as well as the quality of implementation and management, and the progress towards the objectives set.
   3.   Following the completion of the Seventh Framework Programme, the Commission shall cause to be carried out an external evaluation by independent experts of its rationale, implementation and achievements.
   The Commission shall communicate the conclusions thereof, accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
   Article 7
   Entry into force
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, on 18 December 2006

            For the Council

            The President

         J.-E. ENESTAM

      (1)  Opinion of 15 June 2006 (not yet published in the Official Journal).

      (2)  OJ C 65, 17.3.2006, p. 9.

      (3)  OJ C 139, 14.6.2006, p. 1.

      (4)  OJ L 312, 23.12.1995, p. 1.

      (5)  OJ L 292, 15.11.1996, p. 2.

      (6)  OJ L 136, 31.5.1999, p. 8.

      (7)  Within the amount foreseen for fusion energy research, at least EUR 900 million will be reserved to activities other than the construction of ITER, listed in Annex I.

      ANNEX I
      SCIENTIFIC AND TECHNOLOGICAL OBJECTIVES, THEMES AND ACTIVITIES
      INTRODUCTION
      The Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities is organised in two parts corresponding to the ‘indirect’ actions on fusion energy research and nuclear fission and radiation protection, and the ‘direct’ research activities of the JRC.
      I.A.   FUSION ENERGY RESEARCH
      Objective
      Developing the knowledge base for, and realising ITER as the major step towards, the creation of prototype reactors for power stations which are safe, sustainable, environmentally responsible, and economically viable.
      Rationale
      There are serious shortcomings in Europe's energy supply with respect to short, medium, and long-term considerations. In particular, measures are needed to address the issues of security of supply, climate change, and sustainable development, while ensuring that future economic growth is not threatened.
      In addition to the efforts which the EU is making in the field of research into renewable energies, fusion has the potential to make a major contribution to the realisation of a sustainable and secure energy supply for the EU a few decades from now after the market penetration of commercial fusion reactors. Its successful development would provide energy which is safe, sustainable and environmentally friendly. The long-term goal of European fusion research, embracing all the fusion activities in the Member States and associated third countries, is the joint creation, in approximately thirty or thirty-five years and subject to technological and scientific progress, of prototype reactors for power stations which meet these requirements, and are economically viable.
      The strategy to achieve the long-term goal entails, as its first priority, the construction of ITER (a major experimental facility which will demonstrate the scientific and technical feasibility of fusion power), followed by the construction of DEMO, a ‘demonstration’ fusion power station. This will be accompanied by a dynamic programme of supporting R&D for ITER and for the developments in fusion materials, technologies and physics required for DEMO. This would involve European industry, the fusion associations and third countries, in particular parties to the ITER Agreement.
      Activities
      1.   The realisation of ITER
      This includes activities for the joint realisation of ITER (as an international research infrastructure), in particular for site preparation, establishing the ITER Organisation and the European Joint Undertaking for ITER, management and staffing, general technical and administrative support, construction of equipment and installations and support for the project during construction.
      2.   R&D in preparation of ITER operation
      A focused physics and technology programme will exploit the relevant facilities and resources in the fusion programme, i.e. JET and other magnetic confinement devices, existing, future or those under construction (Tokamaks, Stellarators, RFPs). It will assess specific key ITER technologies, consolidate ITER project choices, and prepare for ITER operation through experimental and theoretical activities.
      3.   Technology activities in preparation of DEMO
      This entails the vigorous development of fusion materials and key technologies for fusion, including blankets, and the establishment of a dedicated project team to prepare for the construction of the International Fusion Materials Irradiation Facility (IFMIF) to qualify materials for DEMO. It will include irradiation testing and modelling of materials, studies of the DEMO conceptual design, and studies of the safety, environmental and socio-economic aspects of fusion energy.
      4.   R&D activities for the longer term
      The activities will include further development of improved concepts for magnetic confinement schemes with potential advantages for fusion power stations (focussed on the completion of the construction of the W7-X stellarator device), theory and modelling aimed at a comprehensive understanding of the behaviour of fusion plasmas and coordination, in the context of a keep-in-touch activity, of Member States' civil research activities on inertial confinement.
      5.   Human resources, education and training
      In view of the immediate and medium term needs of ITER, and for the further development of fusion, initiatives aimed at ensuring that adequate human resources will be available, in terms of numbers, range of skills and high-level training and experience will be pursued, in particular in relation to the physics and engineering of fusion.
      6.   Infrastructures
      The construction of the international fusion energy research project ITER will be an element of the new research infrastructures with a strong European dimension.
      7.   Technology transfer processes
      ITER will require new and more flexible organisational structures to enable the process of innovation and technological progress which it creates to be swiftly transferred to industry, so that the challenges can be met to enable European industry to become more competitive.
      I.B.   NUCLEAR FISSION AND RADIATION PROTECTION
      Objective
      Establishing a sound scientific and technical basis in order to accelerate practical developments for the safer management of long-lived radioactive waste, enhancing in particular the safety performance, resource efficiency and cost-effectiveness of nuclear energy and ensuring a robust and socially acceptable system of protection of man and the environment against the effects of ionising radiation.
      Rationale
      Nuclear power currently generates one third of all electricity consumed in the EU and, as the most significant source of base-load electricity that, during the operation of a nuclear power plant, does not emit CO2, constitutes an important element in the debate on the means of combating climate change and reducing Europe's dependence on imported energy. The European nuclear sector as a whole is typified by cutting-edge technology and provides highly skilled employment for several hundred thousand people. More advanced nuclear technology could offer the prospect of significant improvements in efficiency and use of resources, at the same time ensuring even higher safety standards and producing less waste than current designs.
      There are, however, important concerns that affect the continued use of this energy source in the EU. Efforts are still required to ensure a continuation of the Community's outstanding safety record and the improvement of radiation protection continues to be a priority area. The key issues are operational reactor safety and management of long-lived waste, both of which are being addressed through continued work at the technical level, though allied political and societal inputs are also required. In all uses of radiation, throughout industry and medicine alike, the overriding principle is the protection of man and the environment. All thematic domains to be addressed here are characterised by an overriding concern to ensure high levels of safety. Similarly there are clearly identifiable needs throughout nuclear science and engineering relating to availability of research infrastructures and expertise. In addition, the individual technical areas are linked by key cross-cutting topics such as the nuclear fuel cycle, actinide chemistry, risk analysis and safety assessment and even societal and governance issues.
      Research will also be needed to explore new scientific and technological opportunities and to respond in a flexible way to new policy needs that arise during the course of the Seventh Framework Programme.
      Activities
      1.   Management of radioactive waste
      Implementation-oriented research and development activities on all remaining key aspects of deep geological disposal of spent fuel and long-lived radioactive waste and, as appropriate, demonstration of the technologies and safety, and to underpin the development of a common European view on the main issues related to the management and disposal of waste. Research on partitioning and transmutation and/or other concepts aimed at reducing the amount and/or hazard of the waste for disposal.
      2.   Reactor systems
      Research to underpin the continued safe operation of all relevant types of existing reactor systems (including fuel cycle facilities), taking into account new challenges such as life-time extension and development of new advanced safety assessment methodologies (both the technical and human element) including as regards severe accidents, and to assess the potential, the safety and waste-management aspects of future reactor systems, in the short and medium term, thereby maintaining the high safety standards already achieved within the EU and considerably improving the long-term management of radioactive waste.
      3.   Radiation protection
      Research, in particular on the risks from low doses, on medical uses and on the management of accidents, to provide a scientific basis for a robust, equitable and socially acceptable system of protection that will not unduly limit the beneficial and widespread uses of radiation in medicine and industry. Research to minimise the impact of nuclear and radiological terrorism and diversion of nuclear material.
      4.   Infrastructures
      Supporting the availability of, and cooperation between, research infrastructures such as material test facilities, underground research laboratories, radiobiology facilities and tissue banks, necessary to maintain high standards of technical achievement, innovation and safety in the European nuclear sector.
      5.   Human resources, mobility and training
      Supporting the retention and further development of scientific competence and human capacity (for instance through joint training activities) in order to guarantee the availability of suitably qualified researchers, engineers and employees in the nuclear sector over the longer term.
      II.   NUCLEAR ACTIVITIES OF THE JOINT RESEARCH CENTRE (JRC)
      Objective
      To provide customer driven scientific and technical support to the Community policy-making process in the nuclear field, ensuring support to the implementation and monitoring of existing policies while flexibly responding to new policy demands.
      Rationale
      The JRC supports the objectives of the European strategy for energy supply, in particular that of meeting the Kyoto objectives. The Community has a recognised competence in many aspects of nuclear technology, and this is built on a solid basis of past successes in the domain. The usefulness of the JRC in its support to Community policies and in its contribution to the new trends in nuclear research are based on its scientific expertise and its integration in the international scientific community and on cooperation with other research centres as well as dissemination of knowledge. The JRC has competent staff and state-of-the-art facilities to carry out recognised scientific and technical work, aiming at keeping European research at the forefront through the quality of its scientific and technical work. The JRC supports the policy of the Community to maintain basic competences and expertise for the future by giving access to its infrastructures to other researchers and by training young scientists and fostering their mobility, thus sustaining nuclear know-how in Europe. New demand has emerged in particular in the external relations and security-related policies. In these cases, in-house and secure information, analyses and systems are needed which cannot always be obtained on the market.
      The nuclear activities of the JRC aim to satisfy the R&D requirements to support both Commission and Member States. The objective of this programme is to develop and assemble knowledge and to provide input to the debate on nuclear energy production, its safety and reliability, its sustainability and control, its threats and challenges, including the assessment of innovative and future systems.
      Activities
      The JRC activities will focus on:

                  1)

                  nuclear waste management and environmental impact, aiming to understand the nuclear fuel processes from production of energy to waste disposal and to develop effective solutions for the management of high level nuclear waste following the two major options (direct disposal or partitioning and transmutation). Activities will also be developed to enhance knowledge and improve the processing or conditioning of long-lived waste and basic research into actinides;

                  2)

                  nuclear safety, in implementing research on existing as well as on new fuel cycles and on reactor safety of both western and Russian reactor types as well as on new reactor design. In addition the JRC will contribute to, and coordinate, the European contribution to the Generation IV International Forum R&D initiative, in which the best research organisations in the world are involved. The JRC should act as integrator of research in this area with the aim of ensuring the quality of the European contribution to GIF. The JRC will contribute exclusively to those areas that can improve safety and safeguard aspects of innovative fuel cycles, in particular characterisation, test and analysis of new fuels; the development of safety and quality goals, safety requirements and advanced evaluation methods for systems;

                  3)

                  nuclear security, in supporting the accomplishment of Community commitments, in particular the control of the fuel cycle facilities emphasising the back-end of the fuel cycle, the monitoring of the radioactivity in the environment, or the implementation of the additional protocol and the integrated safeguards, and the prevention of the diversion of nuclear and radioactive material associated with illicit trafficking in such material.

            In addition, the JRC will facilitate fact-based debate and informed decision-making on the energy mix appropriate to meet the European energy needs (including renewable sources of energy and nuclear power).

      ANNEX II
      FUNDING SCHEMES
      Subject to the rules for participation established for the implementation of the Seventh Framework Programme, the Community will support research and technological development activities, including demonstration activities in the specific programmes, through a range of funding schemes. These schemes will be used, either alone or in combination, to fund different categories of actions implemented throughout the Seventh Framework Programme.
      1.   FUNDING SCHEMES IN FUSION ENERGY
      In the field of fusion energy research, the particular nature of the activities in the area necessitates the implementation of specific arrangements. Financial support will be given to activities carried out on the basis of procedures set out in:

                  1.1.

                  the Contracts of Association, between the Commission and Member States or fully associated third countries or entities within Member States or fully associated third countries which provide for the execution of part of the Community fusion energy research programme according to Article 10 of the Treaty;

                  1.2.

                  the European Fusion Development Agreement (EFDA), a multilateral agreement concluded between the Commission and organisations in, or acting for, Member States and associated third countries providing inter alia the framework for further research on fusion technology in associated organisations and in industry, use of the JET facilities and the European contribution to international cooperation;

                  1.3.

                  the European Joint Undertaking for ITER, based on Articles 45 to 51 of the Treaty;

                  1.4.

                  international agreements between Euratom and third countries covering activities in the field of fusion energy research and development, in particular the ITER Agreement;

                  1.5.

                  any other multilateral agreement concluded between the Community and associated organisations, in particular the Agreement on Staff Mobility;

                  1.6.

                  cost-sharing actions to promote and contribute to fusion energy research with bodies in the Member States or the third countries associated with the Seventh Framework Programme in which there is no Contract of Association.

            In addition to the above activities, actions to promote and develop human resources, fellowships, integrated infrastructure initiatives as well as specific support actions may be undertaken in particular to coordinate fusion energy research, to undertake studies in support of these activities and to support publications, information exchange, and training in order to promote technology transfer.
      2.   FUNDING SCHEMES IN OTHER FIELDS
      The activities in fields other than fusion energy under the Seventh Framework Programme will be funded through a range of funding schemes. These schemes will be used, either alone or in combination, to fund different categories of actions implemented throughout the Seventh Framework Programme.
      The decisions for specific programmes, work programmes and calls for proposals will mention, as and when appropriate:

                  —

                  the type(s) of scheme(s) used to fund different categories of actions,

                  —

                  the categories of participants (such as research organisations, universities, industry, public authorities) which can benefit from them,

                  —

                  the types of activities (research, development, demonstration, training, dissemination, transfer of knowledge and other related activities) which can be funded through each of them.

            Where different funding schemes can be used, the work programmes may specify the funding scheme to be used for the topic on which proposals are invited.
      The funding schemes are the following:

                  (a)

                  To support actions which are primarily implemented on the basis of calls for proposals:

                              1.

                                 Collaborative projects

                              Support to research projects carried out by consortia with participants from different countries, aiming at developing new knowledge, new technology, products or common resources for research. The size, scope and internal organisation of projects can vary from field to field and from topic to topic. Projects can range from small or medium-scale focused research actions to larger integrating projects which mobilise a significant volume of resources for achieving a defined objective.

                              2.

                                 Networks of excellence

                              Support to joint research programmes implemented by a number of research organisations integrating their activities in a given field, carried out by research teams in the framework of longer-term cooperation. The implementation of these joint research programmes will require a formal commitment from the organisations integrating part of their resources and their activities.

                              3.

                                 Coordination and support actions

                              Support to activities aimed at coordinating or supporting research (networking, exchanges, studies, conferences, etc). These actions may also be implemented by means other than calls for proposals.

                              4.

                                 Actions to promote and develop human resources and mobility

                              Support for training and career development of researchers.

                  (b)

                  To support actions implemented on the basis of decisions by the Council, based on a proposal from the Commission, the Community will provide financial support to multi-financed large-scale initiatives by the means of the following contributions:

                              —

                              a financial contribution to the implementation of joint undertakings carried out on the basis of the procedures and provisions set out in Articles 45 to 51 of the Treaty,

                              —

                              a financial contribution to the development of new infrastructures of European interest.

            The Community will implement the funding schemes in compliance with the provisions of the Regulation to be adopted for the rules for participation of undertakings, research centres and universities, the relevant State aid instruments, in particular the Community framework for State aid to research and development, as well as international rules in this area. In compliance with this international framework, it will be necessary to be able to adjust the scale and form of financial participation on a case-by-case basis, in particular if funding from other public sector sources is available, including other sources of Community financing such as the European Investment Bank (EIB).
      In the case of participants to an indirect action established in a region lagging in development (convergence regions (1) and outermost regions), complementary funding from the Structural Funds will be mobilised wherever possible and appropriate.
      3.   DIRECT ACTIONS — JOINT RESEARCH CENTRE
      The Community will undertake activities implemented by the JRC, which are referred to as direct actions.

         (1)  Convergence regions are defined in Article 5 of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (OJ L 210, 31.7.2006, p. 25). This includes regions eligible for funding from the Structural Funds under the Convergence objective and regions eligible for funding from the Cohesion Fund.


title: Council Decision of 9 April 2014 adopting the Council’s position on draft amending budget No 1 of the European Union for the financial year 2014

text:
               15.4.2014

               EN

               Official Journal of the European Union

               C 113/22

      COUNCIL DECISION

   of 9 April 2014
   adopting the Council’s position on draft amending budget No 1 of the European Union for the financial year 2014
   2014/C 113/03
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to Regulation (EC, 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 (1) and in particular Article 41 thereof,
   Whereas:

               —

               the Union’s budget for the financial year 2014 was definitively adopted on 20 November 2013 (2),

               —

               on 11 February 2014, the Commission submitted a proposal containing draft amending budget No 1 to the general budget for the financial year 2014,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council’s position on draft amending budget No 1 of the European Union for the financial year 2014 was adopted on 9 April 2014.
   Following the judgement of the European Court of Justice of 11 July 1985 in joined cases 87, 130/77, 22/83, 9 and 10/84 (3), the Council recalls that budgetary remarks are not binding and are without prejudice to existing provisions in legislative acts.
   The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/.

      Done at Brussels, 9 April 2014.

            For the Council

            The President

         D. KOURKOULAS

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

      (2)  OJ L 51, 20.2.2014, p. 1.

      (3)  ECJ [1985], pp. 11-2524, in particular paragraph 56.