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32003D2318

Decision No 2318/2003/EC of the European Parliament and of the Council of 5 December 2003 adopting a multiannual programme (2004 to 2006) for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (eLearning Programme)

Official Journal L 345 , 31/12/2003 P. 0009 - 0016

Decision No 2318/2003/EC of the European Parliament and of the Councilof 5 December 2003adopting a multiannual programme (2004 to 2006) for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (eLearning Programme)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 149(4) and Article 150(4) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Economic and Social Committee(1),Having regard to the opinion of the Committee for the Regions(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) The objectives of the Socrates and Leonardo da Vinci education and training programmes established by Decision No 253/2000/EC(4) and Decision 1999/382/EC(5) respectively include the development of open and distance learning, and the use of information and communication technologies.(2) The conclusions of the European Council meeting held in Lisbon on 23 and 24 March 2000 (the Lisbon Council), emphasised the need for adaptation of European education and training systems to the needs of the knowledge economy, and declared the promotion of new basic skills, in particular in information technologies, as one of the three main components of this new approach.(3) The initiative "eLearning: designing tomorrow's education", launched in May 2000 by the Commission in response to the Lisbon Council was endorsed by the European Council at its meeting in Feira in June 2000. At its meeting in Stockholm in March 2001, the European Council noted the positive results of the initiative.(4) The "eLearning Action Plan" developed the four action lines of the eLearning initiative (infrastructures and equipment, training, European quality contents and services and cooperation at all levels) in 10 key actions, bringing together the various Community programmes and instruments, for increased coherence and synergy between them and for enhanced accessibility to users.(5) On 15 May 2001 the European Parliament adopted a Resolution(6) on both Commission Communications on the subject recognising that the eLearning initiative is helping to strengthen the idea of a "single European educational area", which complements the European research area and the European single market, and calling for it to be developed independently under a new specific programme, with a clear legal basis, avoiding duplication with existing programmes and providing more visibility and added value to Community action.(6) The Council Resolution of 13 July 2001 on eLearning(7) endorses this initiative, and calls upon the Commission to continue and to intensify its actions in this field.(7) The Commission adopted, on 21 November 2001, the Communication "Making a European area of lifelong learning a reality", indicating the potential of e-learning for making available and managing new educational opportunities to this end.(8) The conclusions of the European Council meeting held in Barcelona in March 2002 called for a Europewide school-twinning action and were followed by the Commission Report on school twinnings via Internet, presented to the European Council at its meeting in Seville, as well as an Internet and computer user's certificate for secondary school pupils.(9) There is a need to address the problem of social exclusion resulting from the inability of some individuals to take full advantage of the benefits offered by information and communication technologies (ICT) and the Internet in the knowledge society, the so-called "digital divide", which often affects young people, the disabled and elderly, and social categories who are already victims of other forms of exclusion.(10) Close attention needs to be paid to the education and in-service training of teachers so that they are able to use the Internet and ICT in the classroom in a critical and educationally responsible manner.(11) Close attention should be paid to gender differences in the use of e-learning and the promotion of equal opportunities in this field.(12) E-learning has the potential to help the Union respond to the challenges of the knowledge society, to improve the quality of learning, to facilitate access to learning resources, to address special needs, and to bring about more effective and efficient learning and training at the workplace, in particular in small and medium-sized enterprises.(13) The need for a European dimension in higher education was identified in the Bologna Declaration, signed by 29 European Ministers for Education on 19 June 1999, together with the importance of developing an e-learning dimension in this context.(14) The European Union should pay close attention to the effective promotion of virtual higher education campuses to complement activities in mobility programmes within the European Union and with third countries.(15) There is a need to reinforce and complement existing instruments and to consider the role of eLearning also in the context of the preparation of the new generation of instruments in the field of education and training.(16) In order to reinforce the added value of Community action it is necessary to ensure coherence and complementarity between the actions implemented in the framework of this Decision and other relevant Community policies, instruments and actions, in particular the Information Society Technologies thematic priority of the sixth framework programme for research established by Decision No 1513/2002/EC(8).(17) The candidate countries for accession to the European Union and EEA-EFTA States should be able to participate in the eLearning programme. Experts and educational institutions from other third countries should be able to participate in the exchange of experience in the framework of existing cooperation with these third countries.(18) The eLearning programme should be regularly monitored and evaluated in cooperation between the Commission and the Member States in order to allow for readjustments, particularly in the priorities for implementing the measures. The evaluation should include an external evaluation to be conducted by independent, impartial bodies.(19) Since the objective of the proposed action, namely the promotion of European cooperation to improve the quality and accessibility of education and training by an effective use of e-learning, cannot be sufficiently achieved by the Member States and can therefore by reason of the transnational dimension of the actions and measures necessary be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective.(20) This Decision lays down for the entire duration of the eLearning programme a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(9), for the budgetary authority during the annual budgetary procedure.(21) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(10),HAVE DECIDED AS FOLLOWS:Article 1Establishment of the programme1. This Decision establishes the eLearning Programme, a multiannual programme for the improvement of the quality and accessibility of European education and training systems through the effective use of information and communication technologies (ICT), hereinafter referred to as "the programme".2. The programme shall be implemented over a period starting on 1 January 2004 and ending on 31 December 2006.Article 2Objectives of the programme1. The overall objective of the programme is to support and develop further the effective use of ICT in European education and training systems, as a contribution to a quality education and an essential element of their adaptation to the needs of the knowledge society in a lifelong learning context.2. The specific objectives of the programme are:(a) to identify the actors concerned and inform them of ways and means of using e-learning for promoting digital literacy and thereby contribute to strengthening social cohesion and personal development and fostering intercultural dialogue;(b) to exploit the potential of e-learning for enhancing the European dimension in education;(c) to provide mechanisms for supporting development of European quality products and services, and for exchange and transfer of good practice;(d) to exploit the potential of e-learning in the context of innovation in teaching methods with a view to improving the quality of the learning process and fostering the autonomy of learners.Article 3Areas of intervention of the programme1. The objectives of the programme shall be pursued in the following areas of intervention, in accordance with the action lines described in the Annex:(a) promoting digital literacy:actions in this area will address the contribution of ICT in school and more broadly in a lifelong learning context, in particular for those who, owing to their geographical location, social situation or special needs, do not have easy access to those technologies. The objective is to identify good examples and build synergies between the many national and European activities, which address these target groups;(b) European virtual campuses:actions in this area will pursue a better integration of the virtual dimension in higher education. The objective is to encourage the development of new organisational models for providing higher education in Europe (virtual campuses) and for European exchange and sharing schemes (virtual mobility), building on existing European cooperation frameworks (Erasmus programme, Bologna process), and providing an "e-learning dimension" to their operational tools (European credit transfer system (ECTS), European Masters, quality assurance, mobility);(c) e-twinning of schools in Europe and promotion of teachers' training:actions in this area will support and further develop networking in schools, to make it possible for all schools in Europe to build pedagogical partnerships with schools elsewhere in Europe, to promote innovative cooperation methods and transfer quality educational approaches and reinforce language learning and intercultural dialogue; actions in this area will also address the updating of teachers' and trainers' professional skills in the pedagogical and collaborative use of ICT through an exchange and dissemination of good practices and the setting up of transnational and multidisciplinary cooperation projects;(d) transversal actions:actions in this area will address the promotion of e-learning in Europe, building on the monitoring of the eLearning Action Plan. The objectives are the dissemination, promotion and transfer of good and innovative practices and results from the projects and programmes and to reinforce cooperation between the various actors involved, in particular by fostering public-private partnerships.2. These actions shall be implemented in accordance with the procedures set out in the Annex, and through the following approaches, which may be combined where appropriate:(a) support for pilot projects, with potential for strategic impact in education and training practice, and clear prospects for long-term sustainability;(b) support for the development of methods, tools and practice and for the analysis of trends in the design and use of "e-learning" models for education and training;(c) support for innovative actions by European networks and partnerships designed to foster innovation and quality in the design and use of products and services, based on the relevant use of ICT for education and training;(d) support for European networks and partnerships that promote and strengthen the pedagogical and educational use of Internet and ICT and for the exchange of good practice. These activities are designed to ensure that teachers and pupils are not only technically proficient at using Internet and ICT but are also proficient in a pedagogical, critical and responsible sense;(e) support for European cooperation, transfer of e-learning products, and dissemination and exchange of good practice;(f) technical and administrative assistance.Article 4Implementation of the programme and cooperation with the Member States1. The Commission shall:(a) ensure the implementation of the Community actions covered by the programme in conformity with the Annex;(b) ensure synergies with other Community programmes and actions in the field of education, research, social policy and regional development;(c) foster and facilitate cooperation with international organisations developing activities in the field of e-learning.2. The Member States shall identify appropriate correspondents who shall cooperate closely with the Commission as regards relevant information about e-learning use and practice.Article 5Implementing measures1. The following measures necessary for the implementation of this Decision shall be adopted in accordance with the management procedure referred to in Article 6(2):(a) the annual plan of work, including priorities, and the selection criteria and procedures and results;(b) the annual budget and the breakdown of funds among the different actions of the programme, in accordance with Articles 9 and 10;(c) the measures for monitoring and evaluating the programme and for the dissemination and transfer of results.2. All other measures necessary for the implementation of this Decision shall be adopted in accordance with the advisory procedure referred to in Article 6(3).Article 6Committee1. The Commission shall be assisted by a committee.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.4. The Committee shall adopt its rules of procedure.Article 7Consistency and complementarity1. The Commission shall, in cooperation with the Member States, ensure overall consistency and complementarity of the programme with other relevant Community policies, instruments and actions, in particular with the Socrates, Leonardo da Vinci education and training programmes and the Youth programme.2. The Commission shall ensure efficient linkage and, where appropriate, coordinated actions, between this programme and the programmes and actions in the area of new technologies for education and training, in particular with the relevant actions for research, technological development and demonstration activities under the sixth framework programme.Article 8Funding1. The financial framework for the implementation of the programme for the period specified in Article 1 is hereby set at EUR 44 million.2. Annual appropriations shall be authorised by the budgetary authority within the limit of the financial perspective.Article 9Budget distributionBudgetary distribution between the actions shall be as follows:(a) e-learning for promoting digital literacy: around 10 % of total budget;(b) European virtual campuses: around 30 % of total budget;(c) e-twinning of schools in Europe and promotion of teacher training: around 45 % of total budget;(d) transversal actions and monitoring of eLearning action plan: maximum 7,5 % of total budget;(e) technical and administrative assistance: maximum 7,5 % of total budget.Article 10Participation of candidate countries for accession to the European Union and EEA-EFTA StatesThe conditions and detailed rules for the participation of candidate countries for accession to the European Union and EEA-EFTA States in the programme shall be established in accordance with the relevant provisions of the instruments governing the relations between the Community and these countries.Article 11Cooperation with third countriesOn the initiative of the Commission, experts from third countries other than those referred to in Article 10 may be invited to participate in conferences and meetings with the exception of meetings of the Committee referred to in Article 6.The funds allocated for the reimbursement of travel and subsistence expenses, under the applicable Commission regulations, shall not exceed 0,5 % of the programme's total budget.Article 12Monitoring and evaluation1. The Commission shall regularly monitor the programme in cooperation with the Member States. This monitoring shall include the report referred to in paragraph 2 and specific activities.2. The Commission shall ensure external evaluation of the programme at the moment of its completion. This evaluation is intended to assess the relevance, effectiveness and impact of the different actions, and it shall also consider the overall impact of the programme. Special attention shall be paid to social cohesion issues and to equal opportunities issues.This evaluation shall also examine the complementarity between action under the programme and that pursued under other relevant Community policies, instruments and actions.The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions an ex post evaluation report by the end of 2007.Article 13Entry into forceThis Decision shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.Done at Brussels, 5 December 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentP. Lunardi(1) OJ C 133, 6.6.2003, p. 33.(2) OJ C 244, 10.10.2003, p. 42.(3) Opinion of the European Parliament of 8 April 2003 (not yet published in the Official Journal), Council Common Position of 16 June 2003 (OJ C 233 E, 30.9.2003, p. 24) and Position of the European Parliament of 21 October 2003 (not yet published in the Official Journal).(4) Decision No 253/2000/EC of the European Parliament and of the Council of 24 January 2000 establishing the second phase of the Community action programme in the field of education "Socrates" (OJ L 28, 3.2.2000, p. 1). Decision as amended by Decision No 451/2003/EC (OJ L 69, 13.3.2003, p. 6).(5) Council Decision 1999/382/EC of 26 April 1999 establishing the second phase of the Community vocational training action programme "Leonardo da Vinci" (OJ L 146, 11.6.1999, p. 33).(6) OJ C 34 E, 7.2.2002, p. 153.(7) OJ C 204, 20.7.2001, p. 3.(8) Decision No 1513/2002/EC of the European Parliament and of the Council of 27 June 2002 concerning the sixth framework programme of the European Community for research, technological development and demonstration activities, contribution to the creation of the European Research Area and to innovation (2002 to 2006), (OJ L 232, 29.8.2002, p. 1).(9) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision 2003/429/EC of the European Parliament and of the Council (OJ L 147, 14.6.2003, p. 25).(10) OJ L 184, 17.7.1999, p. 23.ANNEX1. ACTION LINESThe action lines are a means to implement the general objective of the programme: to foster the development and appropriate use of e-learning in Europe, and to accompany Member States' efforts in this field. They are structured according to the four areas of intervention of the programme.Action line 1: "Promoting digital literacy"Action in this field must cover both conceptual and practical issues, from the understanding of digital literacy to identification of remedial actions for specific target groups. Digital literacy is one of the essential skills and competences needed to take an active part in the knowledge society and the new media culture. Digital literacy also relates to media literacy and social competence, as they have in common objectives such as active citizenship and the responsible use of ICTs.(a) Identification and dissemination of good practice in the promotion of digital literacy. Particular attention will be paid to improving access to learning resources for those who have no easy access to ICT, to addressing different cognitive and didactic approaches, and different learning styles, to addressing special needs, for example, those of immigrants, hospitalised children or disabled users; and to exploring the use of engaging and motivating approaches.(b) Awareness actions via European networks in this field. The programme will support actions carried out by European networks, associations, public authorities, public-private partnerships, etc.; supporting contacts and exchange of good practice between them.Action line 2: "European virtual Campuses"This action line aims at providing an "e-learning dimension" to European initiatives in the field of higher education, contributing to the creation of a European area of higher education.(a) Development of existing instruments in particular those concerning virtual mobility as a complement and reinforcement for physical mobility (virtual Erasmus); recognition and validation schemes (based on ECTS); information and guidance services, and any other synergies between virtual and traditional models. These projects should be based on institutional agreements, whenever possible extending or complementing existing cooperation agreements in the context of the Community mobility programmes.(b) Transnational virtual campuses. The programme will support strategic projects to be proposed by higher educational establishments from at least three Member States. Cooperation models for e-learning should be developed regarding: design of joint curricula development by several universities, including agreements for the evaluation, validation and recognition of acquired competences, subject to national procedures; large-scale experiments of virtual mobility in addition to physical mobility; and development of innovative dual mode curricula, based on both traditional and on-line learning methods.(c) European e-learning models for higher education. These projects should develop new models for cooperation between European higher education institutions, in particular addressing the provision of continuous training and professional development, and in the development of learning support services as well as for training teachers, trainers and other educational personnel in the pedagogical use of e-learning; examining quality assurance methods; the development of a better understanding of organisational change and possible risks associated with implementing e-learning in higher education; and the development of European models for public-private partnerships in the field of e-learning in higher education, as well as developing the opportunities opened by new partnerships and funding models.Action line 3: "E-twinning for primary and secondary schools in Europe and promotion of teachers' training"This action line should facilitate school twinnings via the Internet, and promote teachers' training, while stimulating European schools to build pedagogical partnerships with schools elsewhere in Europe, fostering language learning and intercultural dialogue. The action will address primary and secondary schools.(a) Identification and analysis of existing initiatives. This action should analyse existing practices. It will identify good demonstration projects on the contribution of educational multimedia and of communication networks for supporting school twinning, especially in the area of multilingual and multicultural projects. It will provide case studies, evaluation materials and methods with a view to helping teachers to exploit the potential of ICT for innovative cooperation methods, such as, for example, virtual classrooms, joint curricula developments for the in-service training of teachers, multidisciplinary approaches or the use of common teaching tools and resources.(b) E-twinning support network. This network would be formed by teachers or educators with experience in the area of European cooperation. It will provide pedagogical support and guidance; tools and services for partner search; methods for exchange of experience as well as an Internet hub, based on existing websites, for the twinning action.(c) Support for cooperation networks in the field of in-service training of teachers and of other educational personnel. These networks will be based on institutions responsible for the pedagogical use of information and communication technologies. These networks will focus on priority areas of cooperation as outlined in the context of the Report on the concrete and future objectives of the education and training systems. Particular attention will be given to setting up favourable conditions for exploiting the potential of ICT for innovative cooperation methods, for the exchange of educational resources and approaches, and for the joint development of training materials.(d) Promotion and communication actions. Success of the initiative depends on a dynamic communication action, anchored in the website, and including, inter alia, design of an attractive visual image, publications, press releases, preparation of fact-sheets on schools projects, launching and closing events, competitions and awards.Action line 4: Transversal actions and monitoring of the eLearning Action PlanIn addition, funding will be given to transversal actions, such as:(a) support for active monitoring of the eLearning Action Plan. This action would provide increased coherence and visibility to EU actions on e-learning, via the dissemination of relevant material, such as reports and studies, the clustering of projects addressing similar objectives or using similar methodologies; and support for exchange of experience, networking and any other possible synergies within the Action Plan activities;(b) maintenance of an eLearning portal, providing an easy, one-stop access to European activities in the fields of e-learning and to existing information sources, directories, databases, or knowledge repositories; and facilitating user-friendly access to EU programmes, projects, studies, reports and working groups;(c) awareness and information actions via European networks. This action would support European networks in the field of e-learning, and relevant activities such as focused conferences, seminars, or workshops on key e-learning themes such as quality assurance; and foster European debate and exchange of good practice in this field;(d) design and development of monitoring, analysis and forecasting tools for e-learning in Europe, in cooperation with Eurostat and the European Investment Bank.This programme may also contribute to cross-actions with international projects related to good and effective use of ICT for education and training, such as, for example, those under way at the OECD or Unesco.Technical support actionsIn addition, the programme execution will be supported by actions aiming at the dissemination of results (e.g. publications, Internet referencing, showcasing projects and events), and transfer, if necessary, by strategic studies addressing emerging problems or opportunities, or any other key issues for e-learning evolution in Europe. The programme will also support continuing feedback by users and participants, and its final external evaluation.2. METHODS OF IMPLEMENTATION AND ARRANGEMENTS FOR BUDGET INTERVENTIONFunding will be granted following calls for tenders and calls for proposals.There will be 100 % financing for purchased services (such as case studies, or experts) and possibly for the contribution to a future Executive Agency, which is under consideration.Actions will be funded through:- subsidies covering a maximum of 80 % of the eligible costs with other sources in the public and/or private sector for cooperation projects such as, for example, innovative projects of a structuring nature (all action lines),- subsidies covering a maximum of 80 % of the eligible costs for eLearning partnerships led by higher education institutions, aiming at providing an "e-learning dimension" and new models for European higher education (action line 2),- 100 % financing of a support structure for school twinning, including an internet hub; a European network for pedagogical support, in cooperation with Member States; promotion and dissemination actions; and any other necessary support action such as, for example, review of existing twinning schemes or production of an ad hoc partner search tool. Subsidies between 50 and 80 % are provided for support the promotion and dissemination actions undertaken by Member States (action line 3),- subsidies between 50 and 80 % of the costs linked to information and communication actions, such as seminars, visits, joint reports, peer reviewing and similar dissemination and knowledge sharing actions (all action lines).The delivery mechanisms provided for in the proposal follow broadly the usual Community approach to grants and co-funding on the basis of a detailed financial request. There will also be parts that are fully financed by the Community, such as the support network and the central web site for the school twinning action. Funding will be granted following calls for proposals and tenders.The programme will be managed by the Commission, with possible assistance from a future Executive Agency, the creation of which is currently under study The appropriation is intended to cover expenditure for studies, meetings of experts, information, conferences and publications directly linked to the objective of the programme, plus any other expenditure on technical and administrative assistance not involving public authority tasks.


title: Council Decision (EU) 2015/1140 of 13 July 2015 appointing two Dutch members and two Dutch alternate members of the Committee of the Regions

text:
               14.7.2015

               EN

               Official Journal of the European Union

               L 185/17

         COUNCIL DECISION (EU) 2015/1140
   of 13 July 2015
   appointing two Dutch members and two Dutch alternate members of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Dutch Government,
   Whereas:

               (1)

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

               (2)

               Two members' seats have become vacant following the end of the terms of office of Mr Onno HOES and Mr Henri LENFERINK.

               (3)

               Two alternate members' seats would become vacant following the appointment of Mr R. (Rob) JONKMAN and Mr N.A. (André) VAN DE NADORT as members of the Committee of the Regions,

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

               —

               Mr R. (Rob) JONKMAN, Member of the executive council of Opsterland

               —

               Mr N.A. (André) VAN DE NADORT, Mayor of the municipality of Ten Boer

         Article 2
   The following are hereby appointed as alternate members to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mrs M.T.M. (Marcelle) HENDRICKX, Member of the executive council of Tilburg

               —

               Mr H.J.J. (Henri) LENFERINK, Mayor of Leiden

         Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 13 July 2015.

            For the Council

            The President

         F. ETGEN

      (1)  OJ L 20, 27.1.2015, p. 42.

      (2)  OJ L 31, 7.2.2015, p. 25.

      (3)  OJ L 159, 25.6.2015, p. 70.


title: Council Decision 2007/235/CFSP of 16 April 2007 implementing Common Position 2004/161/CFSP renewing restrictive measures against Zimbabwe

text:
               18.4.2007

               EN

               Official Journal of the European Union

               L 101/14

      COUNCIL DECISION 2007/235/CFSP
   of 16 April 2007
   implementing Common Position 2004/161/CFSP renewing restrictive measures against Zimbabwe
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Common Position 2004/161/CFSP (1) and in particular Article 6 thereof, in conjunction with Article 23(2) of the Treaty on European Union,
   Whereas:

               (1)

               By Common Position 2002/145/CFSP (2) and Regulation (EC) No 310/2002 (3), the Council adopted restrictive measures against Zimbabwe. Those measures namely provide for the prohibition of supply of arms and related technical assistance to the country, and for the freezing of funds and assets belonging to certain individuals.

               (2)

               By Common Position 2004/161/CFSP the Council renewed some of the said restrictive measures, in particular those provided for in Common Position 2002/145/CFSP.

               (3)

               In the course of the reshuffle in the Government of Zimbabwe that took place on 6-7 February 2007, five new persons became part of the Government. They should, as a consequence, be covered by the restrictive measures set out in Common Position 2004/161/CFSP.

               (4)

               The list of persons subject to the said restrictive measures, whose names are set out in the Annex to Common Position 2004/161/CFSP, should therefore be updated,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Annex to Common Position 2004/161/CFSP shall be replaced by the Annex to this Decision.
   Article 2
   This Decision shall take effect on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 16 April 2007.

            For the Council

            The President

         Horst SEEHOFER

      (1)  OJ L 50, 20.2.2004, p. 66. Common Position as last amended by Common Position 2007/120/CFSP (OJ L 51, 20.2.2007, p. 25).

      (2)  OJ L 50, 21.2.2002, p. 1. Common Position as last amended by Common Position 2003/115/CFSP (OJ L 46, 20.2.2003, p. 30).

      (3)  OJ L 50, 21.2.2002, p. 4. Regulation as last amended by Commission Regulation (EC) No 743/2003 (OJ L 106, 29.4.2003, p. 18).

      ANNEX
      List of persons referred to in Articles 4 and 5 of Common Position 2004/161/CFSP

                              1.

                              Mugabe, Robert Gabriel

                  President, born 21.2.1924

                              2.

                              Bonyongwe, Happyton

                  Director-General Central Intelligence Organisation, born 6.11.1960

                              3.

                              Buka (alias Bhuka), Flora

                  Minister for Special Affairs responsible for Land and Resettlement Programmes (Former Minister of State in the Vice-President's Office and former Minister of State for the Land Reform Programme in the President's Office), born 25.2.1968

                              4.

                              Bvudzijena, Wayne

                  Assistant Police Commissioner, Police Spokesman

                              5.

                              Chapfika, David

                  Deputy Minister of Agriculture (former Deputy Minister of Finance), born 7.4.1957

                              6.

                              Charamba, George

                  Permanent Secretary, Department for Information and Publicity, born 4.4.1963

                              7.

                              Charumbira, Fortune Zefanaya

                  Former Deputy Minister for Local Government, Public Works and National Housing, born 10.6.1962

                              8.

                              Chigudu, Tinaye

                  Provincial Governor: Manicaland

                              9.

                              Chigwedere, Aeneas Soko

                  Minister of Education, Sports and Culture, born 25.11.1939

                              10.

                              Chihota, Phineas

                  Deputy Minister for Industry and International Trade

                              11.

                              Chihuri, Augustine

                  Police Commissioner, born 10.3.1953

                              12.

                              Chimbudzi, Alice

                  ZANU (PF) Politburo Committee Member

                              13.

                              Chimutengwende, Chen

                  Minister of State for Public and Interactive Affairs (former Minister of Post and Telecommunications), born 28.8.1943

                              14.

                              Chinamasa, Patrick Anthony

                  Minister of Justice, Legal and Parliamentary Affairs, born 25.1.1947

                              15.

                              Chindori-Chininga, Edward Takaruza

                  Former Minister of Mines and Mining Development, born 14.3.1955

                              16.

                              Chipanga, Tongesai Shadreck

                  Former Deputy Minister of Home Affairs, born 10.10.1946

                              17.

                              Chitepo, Victoria

                  ZANU (PF) Politburo Committee Member, born 27.3.1928

                              18.

                              Chiwenga, Constantine

                  Commander Zimbabwe Defence Forces, General (former Army Commander, Lieutenant General), born 25.8.1956

                              19.

                              Chiweshe, George

                  Chairman, ZEC (Supreme Court Judge and Chairman of the controversial delimitation committee), born 4.6.1953

                              20.

                              Chiwewe, Willard

                  Provincial Governor: Masvingo (former Senior Secretary responsible for Special Affairs in the President's Office), born 19.3.1949

                              21.

                              Chombo, Ignatius Morgan Chininya

                  Minister of Local Government, Public Works and Urban Development, born 1.8.1952

                              22.

                              Dabengwa, Dumiso

                  ZANU (PF) Politburo Senior Committee Member, born 1939

                              23.

                              Damasane, Abigail

                  Deputy Minister for Women's Affairs Gender and Community Development

                              24.

                              Dokora, Lazarus

                  Deputy Minister for Higher and Tertiary Education, born 3.11.1957

                              25.

                              Georgias, Aguy

                  Deputy Minister for Economic Development, born 22.6.1935

                              26.

                              Goche, Nicholas Tasunungurwa

                  Minister of Public Service, Labour and Social Welfare (former Minister of State for National Security in the President's Office), born 1.8.1946

                              27.

                              Gombe, G

                  Chairman, Electoral Supervisory Commission

                              28.

                              Gula-Ndebele, Sobuza

                  Former Chairman of Electoral Supervisory Commission

                              29.

                              Gumbo, Rugare Eleck Ngidi

                  Minister of Agriculture (Former Minister of Economic Development), born 8.3.1940

                              30.

                              Hove, Richard

                  ZANU (PF) Politburo Secretary for Economic Affairs, born 1935

                              31.

                              Hungwe, Josaya (alias Josiah) Dunira

                  Former Provincial Governor: Masvingo, born 7.11.1935

                              32.

                              Kangai, Kumbirai

                  ZANU (PF) Politburo Committee Member, born 17.2.1938

                              33.

                              Karimanzira, David Ishemunyoro Godi

                  Provincial Governor: Harare and ZANU (PF) Politburo Secretary for Finance, born 25.5.1947

                              34.

                              Kasukuwere, Saviour

                  Deputy Minister for Youth Development & Employment Creation and ZANU (PF) Politburo Deputy Secretary for Youth Affairs, born 23.10.1970

                              35.

                              Kaukonde, Ray

                  Provincial Governor: Mashonaland East, born 4.3.1963

                              36.

                              Kuruneri, Christopher Tichaona

                  Former Minister of Finance and Economic Development, born 4.4.1949. NB currently on remand

                              37.

                              Langa, Andrew

                  Deputy Minister of Environment and Tourism and former Deputy Minister of Transport and Communications

                              38.

                              Lesabe, Thenjiwe V.

                  ZANU (PF) Politburo Committee Member, born 1933

                              39.

                              Machaya, Jason (alias Jaison) Max Kokerai

                  Former Deputy Minister of Mines and Mining Development, born 13.6.1952

                              40.

                              Made, Joseph Mtakwese

                  State Minister of Agricultural Engineering and Mechanisation (Former Minister of Agriculture and Rural Development), born 21.11.1954

                              41.

                              Madzongwe, Edna (alias Edina)

                  ZANU (PF) President of Senate, born 11.7.1943

                              42.

                              Mahofa, Shuvai Ben

                  Former Deputy Minister for Youth Development, Gender and Employment Creation, born 4.4.1941

                              43.

                              Mahoso, Tafataona

                  Chair, Media Information Commission

                              44.

                              Makoni, Simbarashe

                  ZANU (PF) Politburo Deputy Secretary General for Economic Affairs (former Minister of Finance), born 22.3.1950

                              45.

                              Makwavarara, Sekesai

                  Acting Mayor of Harare (ZANU CPF)

                              46.

                              Malinga, Joshua

                  ZANU (PF) Politburo Deputy Secretary for Disabled and Disadvantaged, born 28.4.1944

                              47.

                              Maluleke, Titus

                  Deputy Minister of Education, Sports and Culture

                              48.

                              Mangwana, Paul Munyaradzi

                  Minister of State for Indigenisation and Empowerment, born 10.8.1961

                              49.

                              Manyika, Elliot Tapfumanei

                  Minister without Portfolio (former Minister of Youth Development, Gender and Employment Creation), born 30.7.1955

                              50.

                              Manyonda, Kenneth Vhundukai

                  Former Deputy Minister of Industry and International Trade, born 10.8.1934

                              51.

                              Marumahoko, Reuben

                  Deputy Minister for Foreign Affairs (former Deputy Deputy Minister for Home Affairs), born 4.4.1948

                              52.

                              Masawi, Ephrahim Sango

                  Provincial Governor: Mashonaland Central

                              53.

                              Masuku, Angeline

                  Provincial Governor: Matabeleland South (ZANU (PF) Politburo, Secretary for Disabled and Disadvantaged), born 14.10.1936

                              54.

                              Mathema, Cain

                  Provincial Governor: Bulawayo

                              55.

                              Mathuthu, Thokozile

                  Provincial Governor: Matabeleland North and ZANU (PF) Politburo, Deputy Secretary for Transport and Social Welfare

                              56.

                              Matiza, Joel Biggie

                  Deputy Minister for Rural Housing and Social Amenities, born 17.8.1960

                              57.

                              Matonga, Brighton

                  Deputy Minister for Information and Publicity, born 1969

                              58.

                              Matshalaga, Obert

                  Deputy Minister of Home Affairs (Foreign Minister of Foreign Affairs), born 21.4.1951 in Mhute Kraal — Zvishavane

                              59.

                              Matshiya, Melusi (Mike)

                  Permanent Secretary, Ministry of Home Affairs

                              60.

                              Mavhaire, Dzikamai

                  ZANU (PF) Politburo Committee Member

                              61.

                              Mbiriri, Partson

                  Permanent Secretary, Ministry of Local Government, Public Works and Urban Development

                              62.

                              Midzi, Amos Bernard (Mugenva)

                  Minister of Mines and Mining Development (former Minister of Energy and Power Development), born 4.7.1952

                              63.

                              Mnangagwa, Emmerson Dambudzo

                  Minister of Rural Housing and Social Amenities (former Speaker of Parliament), born 15.9.1946

                              64.

                              Mohadi, Kembo Campbell Dugishi

                  Minister of Home Affairs (former Deputy Minister of Local Government, Public Works and National Housing), born 15.11.1949

                              65.

                              Moyo, Jonathan

                  Former Minister of State for Information and Publicity in the President's Office, born 12.1.1957

                              66.

                              Moyo, July Gabarari

                  Former Minister of Energy and Power Development (former Minister of Public Service, Labour and Social Welfare), born 7.5.1950

                              67.

                              Moyo, Simon Khaya

                  ZANU (PF) Politburo Deputy Secretary for Legal Affairs, born 1945. NB Ambassador to South Africa

                              68.

                              Mpofu, Obert Moses

                  Minister for Industry and International Trade (former Provincial Governor: Matabeleland North) (ZANU (PF) Politburo Deputy Secretary for National Security), born 12.10.1951

                              69.

                              Msika, Joseph W.

                  Vice-President, born 6.12.1923

                              70.

                              Msipa, Cephas George

                  Provincial Governor: Midlands, born 7.7.1931

                              71.

                              Muchena, Olivia Nyembesi (alias Nyembezi)

                  Minister of State for Science and Technology in the President's Office (former Minister of State in Vice-President Msika's Office), born 18.8.1946

                              72.

                              Muchinguri, Oppah Chamu Zvipange

                  Minister for Women's Affairs, Gender and Community Development ZANU (PF) Politburo Secretary for Gender and Culture, born 14.12.1958

                              73.

                              Mudede, Tobaiwa (Tonneth)

                  Registrar General, born 22.12.1942

                              74.

                              Mudenge, Isack Stanilaus Gorerazvo

                  Minister of Higher Tertiary Education (former Minister of Foreign Affairs), born 17.12.1941

                              75.

                              Mugabe, Grace

                  Spouse of Robert Gabriel Mugabe, born 23.7.1965

                              76.

                              Mugabe, Sabina

                  ZANU (PF) Politburo Senior Committee Member, born 14.10.1934

                              77.

                              Muguti, Edwin

                  Deputy Minister for Health and Child Welfare, born 1965

                              78.

                              Mujuru, Joyce Teurai Ropa

                  Vice-President (former Minister of Water Resources and Infrastructural Development), born 15.4.1955

                              79.

                              Mujuru, Solomon T.R.

                  ZANU (PF) Politburo Senior Committee Member, born 1.5.1949

                              80.

                              Mumbengegwi, Samuel Creighton

                  Minister of Finance (Former Minister of State for Indigenisation and Empowerment, born 23.10.1942

                              81.

                              Mumbengegwi, Simbarashe

                  Minister of Foreign Affairs, born 20.7.1945

                              82.

                              Murerwa, Herbert Muchemwa

                  Former Minister of Finance, born 31.7.1941

                              83.

                              Musariri, Munyaradzi

                  Assistant Police Commissioner

                              84.

                              Mushohwe, Christopher Chindoti

                  Minister of Transport and Communications (former Deputy Minister of Transport and Communications), born 6.2.1954

                              85.

                              Mutasa, Didymus Noel Edwin

                  Minister of State for National Security, Land Reform and Resettlement in the Office of the President, ZANU (PF) Secretary for Administration, born 27.7.1935

                              86.

                              Mutezo, Munacho

                  Minister for Water Resources and Infrastructural Development

                              87.

                              Mutinhiri, Ambros (alias Ambrose)

                  Minister of Youth Development, Gender and Employment Creation, Retired Brigadier

                              88.

                              Mutinhiri, Tracey

                  Deputy Minister for Indigenisation and Empowerment (Former Deputy Speaker of the Senate)

                              89.

                              Mutiwekuziva, Kenneth Kaparadza

                  Deputy Minister of Small and Medium Enterprises Development and Employment Creation, born 27.5.1948

                              90.

                              Muzenda, Tsitsi V.

                  ZANU (PF) Politburo Senior Committee Member, born 28.10.1922

                              91.

                              Muzonzini, Elisha

                  Brigadier (former Director-General Central Intelligence Organisation), born 24.6.1957

                              92.

                              Mzembi, Walter

                  Deputy Minister for Water Resources and Infrastructural Development, born 16.3.1964

                              93.

                              Ncube, Abedinico

                  Deputy Minister of Public Service, Labour and Social Welfare (former Deputy Minister of Foreign Affairs), born 13.10.1954

                              94.

                              Ndlovu, Naison K.

                  ZANU (PF) Politburo Secretary for Production and Labour, born 22.10.1930

                              95.

                              Ndlovu, Richard

                  ZANU (PF) Politburo Deputy Commissariat, born 26.6.1942

                              96.

                              Ndlovu, Sikhanyiso

                  Minister of Information and Publicity (Former Deputy Minister of Higher and Tertiary Education), born 20.9.1949

                              97.

                              Nguni, Sylvester

                  Minister of Economic Development (Former Deputy Minister for Agriculture), born 4.8.1955

                              98.

                              Nhema, Francis

                  Minister of Environment and Tourism, born 17.4.1959

                              99.

                              Nkomo, John Landa

                  Speaker of Parliament (former Minister of Special Affairs in the President's Office), born 22.8.1934

                              100.

                              Nyambuya, Michael Reuben

                  Minister for Energy and Power Development (former Lieutenant General, Provincial Governor: Manicaland), born 23.7.1955

                              101.

                              Nyanhongo, Magadzire Hubert

                  Deputy Minister of Transport and Communications

                              102.

                              Nyathi, George

                  ZANU (PF) Politburo Deputy Secretary of Science and Technology

                              103.

                              Nyoni, Sithembiso Gile Glad

                  Minister of Small and Medium Enterprises Development and Employment Creation, born 20.9.1949

                              104.

                              Parirenyatwa, David Pagwese

                  Minister of Health and Child Welfare (former Deputy Minister), born 2.8.1950

                              105.

                              Patel, Khantibhal

                  ZANU (PF) Politburo Deputy Secretary for Finance, born 28.10.1928

                              106.

                              Pote, Selina M.

                  ZANU (PF) Politburo Deputy Secretary for Gender and Culture

                              107.

                              Rusere, Tino

                  Deputy Minister for Mines and Mining Development (former Deputy Minister for Water Resources and Infrastructural Development), born 10.5.1945

                              108.

                              Sakabuya, Morris

                  Deputy Minister for Local Government, Public Works and Urban Development

                              109.

                              Sakupwanya, Stanley

                  ZANU (PF) Politburo Deputy Secretary for Health and Child Welfare

                              110.

                              Samkange, Nelson Tapera Crispen

                  Provincial Governor: Mashonaland West

                              111.

                              Sandi or Sachi, E. (?)

                  ZANU (PF) Politburo Deputy Secretary for Women's Affairs

                              112.

                              Savanhu, Tendai

                  ZANU (PF) Deputy Secretary for Transport and Social Welfare, born 21.3.1968

                              113.

                              Sekeramayi, Sydney (alias Sidney) Tigere

                  Minister of Defence, born 30.3.1944

                              114.

                              Sekeremayi, Lovemore

                  Chief Elections Officer

                              115.

                              Shamu, Webster

                  Minister of State for Policy Implementation (former Minister of State for Policy Implementation in the President's Office), born 6.6.1945

                              116.

                              Shamuyarira, Nathan Marwirakuwa

                  ZANU (PF) Politburo Secretary for Information and Publicity, born 29.9.1928

                              117.

                              Shiri, Perence

                  Air Marshal (Air Force), born 1.11.1955

                              118.

                              Shumba, Isaiah Masvayamwando

                  Deputy Minister of Education, Sports and Culture, born 3.1.1949

                              119.

                              Sibanda, Jabulani

                  Former Chair, National War Veterans Association, born 31.12.1970

                              120.

                              Sibanda, Misheck Julius Mpande

                  Cabinet Secretary (successor to No 126 Charles Utete), born 3.5.1949

                              121.

                              Sibanda, Phillip Valerio (alias Valentine)

                  Commander Zimbabwe National Army, Lieutenant General, born 25.8.1956

                              122.

                              Sikosana, Absolom

                  ZANU (PF) Politburo Secretary for Youth Affairs

                              123.

                              Stamps, Timothy

                  Health Advisor in the Office of the President, born 15.10.1936

                              124.

                              Tawengwa, Solomon Chirume

                  ZANU (PF) Politburo Deputy Secretary for Finance, born 15.6.1940

                              125.

                              Udenge, Samuel

                  Minister of State for State Enterprises (Former Deputy Minister of Economic Development)

                              126.

                              Utete, Charles

                  Chairman of the Presidential Land Review Committee (former Cabinet Secretary), born 30.10.1938

                              127.

                              Veterai, Edmore

                  Senior Assistant Police Commissioner, Officer Commanding Harare

                              128.

                              Zimonte, Paradzai

                  Prisons Director, born 4.3.1947

                              129.

                              Zhuwao, Patrick

                  Deputy Minister for Science and Technology (NB Mugabe's nephew)

                              130.

                              Zvinavashe, Vitalis

                  Politburo, Indigenisation and Empowerment Committee in the party, born 27.9.1943


Avis juridique important

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31978D0636

78/636/EEC: Commission Decision of 29 June 1978 establishing an Advisory Committee on Industrial Research and Development

Official Journal L 203 , 27/07/1978 P. 0036 - 0037 Greek special edition: Chapter 13 Volume 7 P. 0136

****( 1 ) BY VIRTUE OF THE DECISION TO BE TAKEN BY THE COUNCIL UNDER THE COMMON SCIENCE AND TECHNOLOGY POLICY ( SEE COMMISSION COMMUNICATION TO THE COUNCIL OF 30 . 6 . 1977 , OJ NO C 187 , 5 . 8 . 1977 ).  ( 2 ) ADDRESS : 6 , RUE DE LOXUM , 1000 BRUSSELS .  ( 3 ) ADDRESS : 15 , RUE DE LA CHARITE , 1040 BRUSSELS .  ( 4 ) ADDRESS : 47 , VICTORIA STREET , LONDON SW1H 0EQ .  ( 5 ) ADDRESS : 37 , RUE MONTAGNE AUX HERBES POTAGERES , 1000 BRUSSELS .  ( 1 ) ADDRESS : 38 , COURS ALBERT 1E , 75008 PARIS .        COMMISSION DECISION   OF 29 JUNE 1978   ESTABLISHING AN ADVISORY COMMITTEE ON INDUSTRIAL RESEARCH AND DEVELOPMENT  ( 78/636/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE GUIDELINES FOR A COMMON POLICY IN THE FIELD OF SCIENCE AND TECHNOLOGY ,   WHEREAS THE COMMISSION INTENDS TO INCREASE INDUSTRIAL RESEARCH DURING THE NEXT FEW YEARS ;   WHEREAS INDUSTRIAL RESEARCH AND DEVELOPMENT AFFECTS WORKING CONDITIONS AND EMPLOYMENT ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   1 .  THERE IS HEREBY ESTABLISHED , AND ATTACHED TO THE COMMISSION , AN ADVISORY COMMITTEE ON INDUSTRIAL RESEARCH AND DEVELOPMENT , HEREINAFTER REFERRED TO AS ' THE COMMITTEE ' .   2 .  THE COMMITTEE SHALL BE COMPOSED OF REPRESENTATIVES OF EUROPEAN ORGANIZATIONS COMPETENT IN THE FIELD OF INDUSTRIAL RESEARCH AND DEVELOPMENT .   ARTICLE 2   EITHER AT THE COMMISSION ' S REQUEST OR ON ITS OWN INITIATIVE , THE COMMITTEE SHALL PROVIDE THE COMMISSION WITH OPINIONS ON ALL PROBLEMS CONNECTED WITH THE FOLLOWING MATTERS :  ( A ) ASPECTS OF RESEARCH AND DEVELOPMENT INVOLVING RELATIONS BETWEEN THE COMMISSION AND COMMUNITY INDUSTRY WHICH ARE OF A HORIZONTAL NATURE , IN PARTICULAR : THE DESIGNING OF COMMUNITY POLICY ON INDUSTRIAL RESEARCH AND DEVELOPMENT ; IMPROVEMENT OF THE EXCHANGE OF INFORMATION BETWEEN INDUSTRY AND THE COMMISSION ON A RECIPROCAL BASIS .  ( B ) GUIDELINES FOR THE RESEARCH AND DEVELOPMENT PROGRAMMES OF INDUSTRIAL INTEREST WHICH THE COMMISSION MIGHT PROPOSE TO THE COUNCIL . THE COMMITTEE SHALL HELP TO ENSURE APPROPRIATE CONTACTS WITH COMMUNITY FEDERATIONS OF INDUSTRY , WHERE SUCH CONTACTS DO NOT ALREADY EXIST .  ( C ) RESEARCH CONTRACT PROJECTS OF INDUSTRIAL INTEREST FOR WHICH THE COMMISSION PROVIDES FINANCIAL ASSISTANCE ( 1 ).  ( D ) RESEARCH AND DEVELOPMENT ACTIVITY BY EUROPEAN INDUSTRIES , USEFUL FOR DEFINING A COMMON POLICY IN THE FIELD OF SCIENCE AND TECHNOLOGY .   ARTICLE 3   1 .  THE COMMITTEE SHALL COMPRISE 25 MEMBERS .   2 .  THE SEATS SHALL BE ALLOCATED AS FOLLOWS :   15 MEMBERS OF THE UNION OF INDUSTRIES OF THE EUROPEAN COMMUNITY ( UNICE ) ( 2 ), TWO EACH FOR BELGIUM , FRANCE , THE FEDERAL REPUBLIC OF GERMANY , ITALY , THE NETHERLANDS AND THE UNITED KINGDOM AND ONE EACH FOR DENMARK , IRELAND AND LUXEMBOURG ;   FOUR MEMBERS OF THE EUROPEAN CENTRE FOR PUBLIC ENTERPRISE  ( ECPE ) ( 3 );   THREE MEMBERS OF THE FEDERATION OF EUROPEAN INDUSTRIAL COOPERATIVE RESEARCH ASSOCIATIONS ( FEICRO ) ( 4 );   THREE MEMBERS OF THE EUROPEAN TRADE UNION CONFEDERATION  ( ETUC ) ( 5 ).   3 .  EIGHT PERSONS BELONGING TO THE FOLLOWING ORGANIZATIONS MAY ATTEND THE COMMITTEE ' S MEETINGS AS OBSERVERS :   THREE OBSERVERS FROM THE EUROPEAN RESEARCH AND DEVELOPMENT COMMITTEE ( CERD ) SET UP BY THE COMMISSION ON 14 FEBRUARY 1973 ;   ONE OBSERVER FROM THE EUROPEAN INDUSTRIAL RESEARCH MANAGEMENT ASSOCIATION ( EIRMA ) ( 1 );   ONE OBSERVER FROM THE UNICE SECRETARIAT ;   ONE OBSERVER FROM THE ECPE SECRETARIAT ;   ONE OBSERVER FROM THE FEICRO SECRETARIAT ;   ONE OBSERVER FROM THE ETUC SECRETARIAT .   ARTICLE 4   THE MEMBERS AND OBSERVERS OF THE COMMITTEE SHALL BE APPOINTED BY THE COMMISSION AFTER CONSULTATION WITH THEIR RESPECTIVE ORGANIZATIONS .   ARTICLE 5   THE TERM OF OFFICE OF A COMMITTEE MEMBER AND AN OBSERVER SHALL BE TWO YEARS . IT SHALL BE RENEWABLE .   AFTER EXPIRY OF THE TWO YEAR PERIOD , COMMITTEE MEMBERS AND OBSERVERS SHALL REMAIN IN OFFICE UNTIL THEY HAVE BEEN REPLACED OR THEIR TERM HAS BEEN RENEWED .   THE APPOINTMENT OF A MEMBER OR OBSERVER SHALL BE TERMINATED BEFORE THE END OF THE TWO YEAR PERIOD IF SUCH MEMBER OR OBSERVER RESIGNS , CEASES TO BELONG TO THE ORGANIZATION HE REPRESENTS , OR DIES . THE APPOINTMENT OF A MEMBER OR OBSERVER MAY ALSO BE TERMINATED IF THE ORGANIZATION WHICH PROPOSED HIM AS A CANDIDATE REQUESTS THAT HE BE REPLACED .   HE SHALL BE REPLACED FOR THE REMAINDER OF HIS TERM IN ACCORDANCE WITH THE PROCEDURE SET OUT IN ARTICLE 4 .   HIS DUTIES SHALL NOT ENTITLE HIM TO REMUNERATION .   ARTICLE 6   THE LIST OF MEMBERS AND OBSERVERS SHALL BE PUBLISHED BY THE COMMISSION FOR INFORMATION PURPOSES IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .   ARTICLE 7   AFTER CONSULTING THE COMMISSION , THE COMMITTEE SHALL ELECT A CHAIRMAN AND A VICE-CHAIRMAN FOR A PERIOD OF TWO YEARS . ELECTION SHALL BE BY A MAJORITY OF TWO THIRDS OF THE MEMBERS PRESENT .   THE CHAIRMAN SHALL PREPARE AND ORGANIZE THE WORK OF THE COMMITTEE .   ARTICLE 8   THE COMMITTEE MAY INVITE ANY PERSON WITH SPECIAL QUALIFICATIONS IN RESPECT OF AN ITEM ON THE AGENDA TO PARTICIPATE IN ITS WORK AS AN EXPERT .   SUCH EXPERTS SHALL PARTICIPATE ONLY IN THE DISCUSSIONS OF THE ITEMS ON ACCOUNT OF WHICH THEY WERE INVITED .   ARTICLE 9   THE COMMITTEE MAY SET UP WORKING PARTIES .   ARTICLE 10   1 .  THE COMMITTEE SHALL MEET AT COMMISSION HEADQUARTERS .   2 .  REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED SHALL TAKE PART IN MEETINGS OF THE COMMITTEE AND OF ITS WORKING PARTIES .   3 .  THE RELEVANT DEPARTMENTS OF THE COMMISSION SHALL PROVIDE SECRETARIAL SERVICES FOR THE COMMITTEE AND ITS WORKING PARTIES .   ARTICLE 11   THE COMMISSION WHEN REQUESTING AN OPINION FROM THE COMMITTEE MAY FIX A DATE BY WHICH THE OPINION SHALL BE DELIVERED .   ARTICLE 12   WITHOUT PREJUDICE TO ARTICLE 214 OF THE TREATY , WHERE THE COMMISSION INFORMS THE MEMBERS OF THE COMMITTEE THAT AN OPINION REQUESTED OR A QUESTION RAISED TOUCHES UPON CONFIDENTIAL MATTERS , SUCH MEMBERS SHALL BE UNDER AN OBLIGATION NOT TO DISCLOSE INFORMATION WHICH HAS COME TO THEIR KNOWLEDGE THROUGH THE WORK OF THE COMMITTEE OR OF ITS WORKING PARTIES .   IN SUCH CASES ONLY THE MEMBERS OF THE COMMITTEE AND THE REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED SHALL ATTEND THE MEETINGS .   ARTICLE 13   THIS DECISION SHALL ENTER INTO FORCE ON 29 JUNE 1978 .   DONE AT BRUSSELS , 29 JUNE 1978 .   FOR THE COMMISSION   GUIDO BRUNNER   MEMBER OF THE COMMISSION


Avis juridique important

|

31993Y0825(02)

Decision No 150 of 26 June 1992 concerning the application of Articles 77, 78 and 79 (3) of Regulation (EEC) No 1408/71 and of Article 10 (1) (b) (ii) of Regulation (EEC) No 574/72

Official Journal C 229 , 25/08/1993 P. 0005 - 0009

DECISION No 150of 26 June 1992concerning the application of Articles 77, 78 and 79 (3) of  Regulation (EEC) No 1408/71 and of Article 10 (1) (b) (ii) of Regulation (EEC) No 574/72 (93/C  229/06)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY  FOR MIGRANT WORKERS, Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971, under which  it is made responsible for dealing with all administrative questions and matters of interpretation  arising from the provisions of Regulations (EEC) No 1408/71 and subsequent regulations. Whereas Decision No 129 of 17 October 1985 should be amended taking account of the Judgment of 11  June 1991 delivered by the Court of Justice of the European Communities, hereinafter referred to as  'the Court of Justice`, in Case C-251/89; Whereas in this Judgment the Court ruled as follows: 'Where in the cases referred to in Articles 77 (2) (b) (i) and 78 (2) (b) (i) of Council Regulation  (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons,  to self-employed persons and to members of their families moving within the Community, in the  version as codified by Council Regulation (EEC) No 2001/83 of 2 June 1983, the amount of benefits  paid by the Member State of residence is less than the amount of benefits due from another Member  State, the pensioner or the orphan of a deceased employed or self-employed person is entitled to  receive from the competent institution in the latter Member State a benefit supplement equal to the  difference between those two amounts, even where under the legislation of that State the grant of  the benefits is subject to the condition that both the claimant and the qualifying child must  reside in the national territory. Entitlement to the supplement to benefits for pensioners' dependent children arises even where the  pensioner becomes entitled to a pension under the legislation of the Member State granting more  favourable benefits after he has transferred his residence to another Member State from which  benefits are due under Article 77 (2) of Regulation (EEC) No 1408/71. The supplement to benefits for pensioners' dependent children must be granted having regard to all  the pensioner's dependent children, including those born after the pensioner transferred his  residence to the Member State granting less favourable pensions. It is the duty of the Administrative Commission on Social Security for Migrant Workers to draw up,  pursuant to Article 81 (a) of Regulation (EEC) No 1408/71, a list of institutions in the Member  States which are responsible for providing the official information referred to in Decision No 129  of 17 October 1985 concerning the application of Articles 77, 78 and 79 (3) of Regulation (EEC) No  1408/71 and of Article 10 (1) (b) (ii) of Regulation (EEC) No 574/72. Nevertheless, the competent  institution of the Member State from which a benefit supplement is claimed may still apply to the  Administrative Commission and to the authorities of the Member State in which the claimant resides  in order to ascertain the name of the institution in the latter Member State which is competent to  provide the official information referred to in Decision No 129.`Whereas the overlapping of  benefits may arise from a contingency providing entitlement to benefits under the legislation of a  Member State in accordance with the provisions of Articles 77 and 78 of Regulation (EEC) No 1408/71  and to benefits under the legislation of another Member State, supplemented by Community law; Whereas, furthermore, the overlapping of benefits due pursuant to Article 77 or 78 of Regulation  (EEC) No 1408/71 with family allowances or family benefits due under other legislation is governed,  on the one hand, by Article 79 (3) of the aforementioned Regulation where entitlement to family  benefits or family allowances accrues from the pursuit of a professional or trade activity and, on  the other hand, by Article 10 (1) (b) (ii) of Regulation (EEC) No 574/72 where entitlement to  family benefits or family allowances is not dependent on conditions relating to insurance,  employment or self-employment; whereas the rules laid down by these provisions are substantially  the same; Whereas, consequently, for the purposes of applying the aforementioned Article 10 (1) (b) (ii),  there is reason to take account of the interpretation given by the Court of Justice to the  aforementioned Article 79 (3) in its Judgment 100/78; Whereas, following the Judgment of the Court of Justice in Case C-251/89, the provisions of  Decision No 129 should be amended by specifying that a benefit supplement for dependent children of  pensioners is due even if the person concerned acquires the right to a pension, under the  legislation of the Member State granting the more favourable benefits, after having transferred his  residence to another Member State which is competent under the terms of Article 77 (2) of  Regulation No 1408/71; whereas it is also essential to specify that a supplement to orphans'  benefits as referred to in Article 78 of Regulation No 1408/71 is due even if the orphan has not  resided in the Member State granting the more favourable benefits; whereas it is also necessary to  specify that the benefit supplement is determined by taking into account all the children or  orphans born before or after the transfer of residence, the pursuit of a professional or trade  activity or the acquisition of a new right to benefits in accordance with the legislation of the  second Member State; Whereas, following the Judgment of the Court of Justice in Case C-251/89, it is important to  specify that if the pensioner or the orphan does not satisfy or no longer satisfy the qualifying  conditions for benefit under the legislation of the Member State competent in accordance with the  provisions of Articles 77 and 78 but does satisfy the conditions laid down by the legislation of  another Member State supplemented by Community law, the latter State shall be bound to pay the full  amount of the benefits; Whereas an Annex should be appended to Decision No 129, listing the institutions responsible for  providing the information necessary for calculating this supplement, Acting in accordance with Article 80 (3) of Regulation (EEC) No 1408/71, HAS DECIDED AS FOLLOWS: 1.  Where the amount of the benefits referred to in Article 77 (1) of Regulation  (EEC) No 1408/71 due under the legislation of a Member State, irrespective of the place of  residence of the children, of the beneficiary to a pension or of orphans on the territory of the  Community, is higher than the amount of benefits due under the legislation of the Member State  competent in accordance with Article 77 (2) of that Regulation, the benefits provided for by the  legislation of the first State shall be paid to the pensioner in accordance with the provisions of  paragraph 4 of this Decision to the extent that the amount of these benefits exceeds the amount  actually received under the legislation of the second Member State. This provision shall be  applicable even if the person concerned acquires a right to the grant of a pension under the  legislation of the Member State granting the more favourable benefits, after having transferred his  residence to the Member State competent in accordance with Article 77 (2) of the said Regulation. 2. Where the amount of the benefits referred to in Article 78 (1) of Regulation (EEC) No 1408/71  due under the legislation of a Member State, irrespective of the place of residence of the orphan  on the territory of the Community, exceds the amount of benefits due under the legislation of the  Member State competent in accordance with the provisions of Article 78 (2) of the said Regulation,  the benefits provided for by the legislation of the first Member State shall be paid to the orphan  in accordance with the provisions of paragraph 4 of this Decision to the extent that the amount of  these benefits exceeds the amount actually received under the legislation of the second State. This  provision shall be applicable even if the orphan has not resided in the first Member State. 3. Article 79 (3) of Regulation (EEC) No 1408/71 and Article 10 (1) (b) (ii) of Regulation (EEC) No  574/72 shall be applied in accordance with the provisions of paragraph 4 of this Decision in such a  way that the right to benefits due under the legislation of a Member State pursuant to Article 77  (2) is suspended only up to the amount of family benefits or family allowances actually received  under the legislation of another Member State by virtue of the pursuit of a professional or trade  activity. 4. In the cases referred to in paragraphs 1, 2 and 3 the competent institution of the first Member  State shall award a supplement to the benefits granted under the legislation of the second Member  State, equal to the difference between the amount of the benefits actually received under the  legislation of the second Member State and the amount of the benefits due under the legislation of  the first Member State, irrespective of the place of residence on the territory of the Community. This supplement shall be determined taking account of all the children or orphans born before or  after the transfer of residence, the pursuit of the professional or trade activity or the  acquisition of a new right to benefits in accordance with the legislation of a second Member  State. This supplement shall be granted as long as the conditions required for entitlement to benefit  under the legislation of the first Member State are satisfied. Where the qualifying conditions for  benefit under the legislation of the second Member State are not or are no longer satisfied, the  first Member State shall pay, instead of the supplement, the full amount of the benefits due under  its legislation, irrespective of the place of residence on the territory of the Community. 5. The amount of the supplement shall be determined for the first time not later than on the expiry  of a period of 12 months after the right to benefits has been acquired in the second Member State.  Thereafter, the supplement shall be determined at least every 12 months. Where the legislation of a  Member State makes the grant of benefits conditional upon the submission of a claim, such claim  should also be submitted for the grant of the supplement. 6. The competent institution or institutions of the second Member State shall inform the competent  institution or institutions of the other Member State immediately of the date on which the right is  acquired under the legislation which these institutions administer and also of the nature and  amount of the benefits. Upon expiry of the period referred to in paragraph 5, the institution or institutions of the second  Member State shall inform the institution or institutions of the other Member State of the exact  amount of the benefits which were paid by them in the expired period. 7. Once the amount of the supplement has been determined, the supplement shall be granted in  accordance with the legislation of the first Member State and in accordance with the provisions of  Regulations (EEC) No 1408/71 and (EEC) No 574/72 relating to the benefits in question. 8. Upon expiry of the period referred to in paragraph 5, the institution or institutions of the  first Member State shall inform the beneficiary of the decision to award or refuse a supplement and  shall indicate: (a)  the amount of benefits due under the legislation of this Member State; (b) the amount of the benefits actually paid under the legislation of the other Member State; (c) the amount of any supplement. 9. The institution of the States responsible for providing the information necessary for  calculating the supplement referred to in paragraph 4 of this Decision are listed in the Annex to  this Decision. 10. The rate of conversion to be applied in order to compare the amounts of the benefits for the  purposes of paragraph 8 shall be the rate applicable in accordance with Article 107 (1) to (3) of  Regulation (EEC) No 574/72. For the purposes of this Decision, the institutions shall use the forms used for the purposes of  Chapters 7 and 8 of Regulation (EEC) No 1408/71, to which, where appropriate, any further  information deemed necessary by any of the institutions concerned shall be added. 11. This Decision, which replaces Decision No 129 of 17 October 1985, shall be  published in the Official Journal of the European Communities. It shall enter into force on the  first day of the month following its publication in the Official Journal of the European  Communities. The Chairman of the Administrative CommissionSebastião NOBREGA PINTO PIZARRO ANNEX (Paragraph 9 of the Decision)A.  BELGIUMEmployed persons: Caisse de compensation pour allocations familiales pour travailleurs salariés/Compensatiekas der  gezinsvergoedingen voor werknemers (Family, Allowances Compensation Fund for Employed Persons),  Bruxelles/Brussel with which the employer is insuredSelf-employed persons: Institut national d'assurances sociales pour travailleurs indépendants/Rijksinstituut voor de  sociale verzekeringen der zelfstandigen (National Insurance Institute for Self-employed Persons),  Bruxelles/BrusselB. DENMARKSocialministeriet (Ministry of Social Affairs), Slotsholmsgade 6,  KoebenhavnC. GERMANYBundesanstalt fuer Arbeit (Federal Labour Office), Nuernberg; The competent local employment officesD. SPAIN1.  All schemes, with the exception of the  mariners' schemes: Direcciones Provinciales del Instituto Nacional de la Seguridad Social (Provincial directorates of  the National Institute of Social Security)2. Mariners' schemes: Direccions Provinciales del Instituto Social de la Marina (Provincial directorates of the Social  Institute for Mariners)E. FRANCECentre de sécurité sociale des travailleurs migrants (Centre for  Social Security for Migrant Workers), 11, rue de la Tour des Dames, ParisF. GREECE1. Exclusively  for family allowances and family benefits: Ïñãáíéóìueò Áðáó÷ïëÞóaaùò AAñãáôéêïý AEõíáìéêïý (ÏÁAAD),  ÁèÞíá, (Labour Employment office, Athens). 2. In the case of an institution which under its own rules grants pension supplements for children  or orphans, it is this institution that provides all the necessary information. 3. Where pension supplements for children or orphans are granted by several institutions, all  information relating to the implementation of Decision No 150 is provided by IKA - Éaeñõìá  Êïéíùíéêþí Áóoeáëssóaaùí, ÁèÞíá (Social Insurance Institute, Athens). 4. For family allowances and pension supplements for children and orphans, the Greek institution  responsible for providing the relevant information is always the IKA. G. IRELAND1. For the purposes of Articles 77, 78 and 79 (3) of Regulation (EEC) No 1408/71: Department of Social Welfare, Social Welfare Services Office, Pensions Branch, College Road,  Sligo2. For the purposes of Article 10 (1) (b) (ii) of Regulation (EEC) No 574/72: Department of Social Welfare, Social Welfare Services Office, Child Benefit Branch, Oliver Plunkett  Street, Letterkenny, Co. DonegalH. ITALYLocal offices (provincial and zonal) of the Istituto  nazionale della previdenza sociale, Ufficio liquidazione pensioni (INPS) (National Social Welfare  Institution, Office for the payment of pensions)I. LUXEMBOURG1. For family allowances: Caisse nationale des prestations familiales (National Family Benefit Fund), Luxembourg2. For  orphans' pensions: For manual workersÉtablissement d'assurance contre la vieillesse et l'invalidité (Old-Age and  invalidity Insurance Institution), LuxembourgFor clerical workers and self-employed members of the  professions: Caisse de pension des employés privés (Pension Fund for clerical staff in the private sector),  LuxembourgFor self-employed persons engaged in a craft industry, in trading or in  manufactureCaisse de pension des artisans, des commerçants et industriels (Pension Fund for  craftsmen, tradesmen and manufacturers), LuxembourgFor self-employed persons engaged in  agricultureCaisse de pension agricole (Agricultural Pension Fund), LuxembourgJ.  NETHERLANDSSociale Verzekeringsbank (Social Insurance Bank), Postbus 1100, 1180 BH AmstelveenK.  PORTUGAL1. For family benefits-  mainland: Centro Regional de Segurança Social (Regional Centre of Social Security) with which the person  concerned was last registered- Autonomous Region of Madeira: Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal-  Autonomous Region of the Azores: Direcção Regional de Segurança Social (Regional Directorate of Social Security), Angra do  Heroísmo2. For orphans' pensions- mainland: Centro Nacional de Pensões (National Pensions Centre), Lisboa- Autonomous Region of Madeira: Direcção Regional de Segurança Social (Regional Directorate of Social Security), Funchal-  Autonomous Region of the Azores: Direcção Regional de Segurança Social (Regional Directorate of Social Security), Angra do  HeroismoL. UNITED KINGDOM1. For the purposes of Articles 77, 78 and 79 of Regulation (EEC) No  1408/71: Great BritainDepartment of Social Security, Benefits Agency, Overseas Benefits Directorate,  Newcastle-upon-Tyne, NE98 1YXNorthern Ireland (other than increases to Northern Ireland old-age or  survivors' benefits payable to persons resident outside Northern Ireland, for which refer to the  Newcastle-upon-Tyne address above)Department of Health and Social Services, Northern Ireland  Social Security Agency, Overseas Branch, Belfast BT1 1DX2. For the purposes of Article 10 of  Regulation (EEC) No 574/72: Great BritainDepartment of Social Security, Benefits Agency, Child Benefit Centre,  Newcastle-upon-Tyne, NE88 1AANorthern IrelandDepartment of Health and Social Services, Northern  Ireland Social Security Agency, Child Benefit Office, Belfast, BT1 1SA